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Home My WebLink About08-26-19 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDONLUNSFORD Councilmember At Large A STEV E G I L L ETT Councilmember At Large B DANNY EARP Councilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Mayor Pro -Tern Councilmember District 3 THOMAS GARZA Councilmember District 4 JAY MARTIN Councilmember District 5 NANCY OJ EDA Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held August 26, 2019, beginning at 6:00 pm in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Minister Rachel Cotton, Pleasant Hill Church of Deliverance. PLEDGES —Will be led by Councilmember Chuck Engelken. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PUBLIC COMMENTS (Limited to five minutes per person.) 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the City Council meetings held on August 12 and 13, 2019. [Mayor Louis R. Rigby] (b) Authorize the City Manager to execute a Water Service Agreement withEurecat U.S. Inc, for its facility at 13100 Baypark Road, in the Bayport Industrial District. [Lorenzo Wingate, City Engineer] (c) Approve proposed changes to the Civil Service Pay scale. [Matt Hartleib, HR Manager] 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial", followed by discussion and possible action regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3750 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, by changing the land use designation from "Commercial" to "Light Industrial". [Ian Clowes, City Planner] (b) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19- 92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, followed by discussion and possible action to consider adopting Ordinance 2019-3751 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #19-92000002, a change from General Commercial (GC) to Planned Unit Development (PUD) for a 5.051 acre tract of land located at the NE corner of S. 16th St. and the W. M St. ROW, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. [Ian Clowes, City Planner] (c) The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district; followed by discussion, and possible action to consider adopting Ordinance 2019-3752 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #19-91000003 to allow for an industrial office/warehouse facility on a 5.051 acre tract of land, legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision in the Planned Unit Development (PUD) zoning district. [Ian Clowes, City Planner] STATUTORY AGENDA (a) Presentation, discussion, and possible action to adopt Ordinance 2019-3746 for the purpose of granting a franchise to CenterPoint Energy Resources Corp., to locate and operate facilities for transmission of natural gas in public rights -of -way, for a term of ten years, second reading. [Corby Alexander, City Manager] (b) Presentation, discussion, and possible action to proceed with allocating additional funding for Five Points Plaza Improvements. [Lorenzo Wingate, City Engineer] (c) Presentation, discussion, and possible action to adopt Resolution 2019-12 designating MRC Global (US), Inc. as an enterprise project. [Ryan Cramer, Economic Development Coordinator] (d) Presentation, discussion, and possible action on the recommendations of the Ch. 172 Employee, Retiree Insurance and Benefits Board regarding employee and retiree health benefits. [Matt Hartleib, HR Manager] 7. REPORTS (a) Receive report of the Fiscal Affairs Committee meeting. [Councilperson Chuck Engelken] (b) Receive report of the La Porte Development Corporation Board meeting. [Councilperson Nancy Ojeda] 8. ADMINISTRATIVE REPORTS • City Council Meeting, Monday, September 9, 2019 • Planning and Zoning Commission Meeting, Thursday, September 19, 2019 • City Council Meeting, Monday, September 23, 2019 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the August 26, 2019, Oty Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all tirres, and to the Oty's website, www.LaWrteTXgov, in compliance with Chapter 551, Texas Governrrent Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward, City Secretary Council Agenda Item August 26, 2019 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Minister Rachel Cotton, Pleasant Hill Church of Deliverance. PLEDGES —Will be led by Councilmember Chuck Engelken. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PUBLIC COMMENTS (Limited to five minutes per person.) ****************************************************************** Council Agenda Item August 26, 2019 4. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance wth staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) (a) Approve the minutes of the City Council meetings held on August 12 and 13, 2019. [Mayor Louis R. Rigby] (b) Authorize the City Manager to execute a Water Service Agreement withEurecat U.S. Inc, for its facility at 13100 Baypark Road, in the Bayport Industrial District. [Lorenzo Wingate, City Engineer] (c) Approve proposed changes to the Civil Service Pay scale. [Matt Hartleib, HR Manager] ****************************************************************** LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 12, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MARTIN Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 12, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION — The invocation was given by Dr. Dee Spears, Fairmont Park Church. PLEDGES — The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Bill Bentley. 3. PUBLIC COMMENTS (Limited to five minutes per person.) Justin Suringer expressed his concern that he has been intimidated and assaulted by LPPD. Jeff Martin spoke on behalf of the La Porte-Bayshore Chamber of Commerce to thank the Council for City summer camps and City staff. Randy Rowan asked the Council to review Charter 2.02(b) and when and how the Council judges the qualifications of Council candidates. Donna O'Conner spoke in support of all the local first responders and their response to Friday evening's drownings at Sylvan Beach. 4. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comments regarding proposed City of La Porte Wharton Weems Blvd./S. Broadway St. Sidewalk Improvements — SRTS project, and discuss and possibly adopt Resolution 2019-10 in support of project funding and a commitment to project development, implementation, construction, maintenance, management and financing. [Teresa Evans, Planning and Development Director] Mayor Rigby opened the public hearing at 6:17 p.m. Teresa Evans, Planning and Development Director, provided a presentation. Maggie Anderson expressed concerns about the curb placement. Mason Peres said there was already crosswalk access to Bayshore Elementary and suggested the Council wait and revise the project. The Mayor closed the public hearing at 6:28 p.m. Councilperson Garza moved to authorize the City Manager to apply for a Texas Department of Transportation (TxDOT) Safe Routes to School (SRTS) grant and approve Resolution 2019-10 in support of project funding and a commitment to project development, implementation, construction, maintenance, management and financing; the motion was adopted, 9-0. 5. STATUTORY AGENDA (a) Approve the minutes of the meeting held on July 22, 2019. [Mayor Louis R. Rigby] Councilperson Bentley moved to approve the minutes of the meeting held on July 22, 2019; the motion was adopted, 9-0. Page 1 of 3 August 12, 2019, Council Meeting Minutes (b) Presentation, discussion, and possible action regarding appointments and re -appointments to various boards, committees, and commissions. [Mayor Louis R. Rigby] Councilperson Engelken moved to approve the following, with Betty Moore being appointed for a term of up to six years; the motion was adopted, 9-0. Items 8 and 9 were handled next, in advance of 5c. Airport Advisory Board — three-year terms Deborah Rihn-Harvey as Fixed Base Operator Lessee Tucker Grant as Licensed Pilot with Aircraft Housed at Airport Gideon Jones as Resident Licensed Pilot with Aircraft Housed at Airport Building Codes Appeals Board — three-year terms Bryan Moore, Jr. Ch. 172 Employee, Retiree Insurance and Benefits Board — two-year terms Donna O'Connor Juliane Graham Fire Control, Prevention & Emergency Medical Services District Board — two-year terms Patrick McElroy Steve Gillett Ronald Nowetner Dewey Walls, Jr. La Porte Area Water Authority (LPAWA) — two-year terms Cambria Beasley Stephen Barr Doug Martin La Porte Development Corporation Board - two-year terms Chuck Engelken Nancy Ojeda Richard Warren La Porte Health Authority — two-year terms Abdul R. Moosa, M.D. Robert D. Johnston, M.D. La Porte Tax Increment Reinvestment Zone Number One (TIRZ #1) Board of Directors — two- year terms Peggy Antone Alton Porter Doug Martin La Porte Redevelopment Authority — two-year terms (This is the same membership as the TIRZ Board, but the Mayor is required to appoint the members to this board, including the LPISD and Harris County appointments to the TIRZ.) Peggy Antone Alton Porter Doug Martin Planning and Zoninq Commission — three-year terms Councilperson Martin is reappointing Lou Ann Martin as the District 5 member Councilperson Lunsford is appointing Donna O'Connor as the At Large A member City Representative to the Southeast Texas Housing Finance Corporation Board — Council may appoint for up to a six -year term Betty Moore Zoninq Board of Adjustment — two-year terms Nettie Warren Phillip Hoot Pat McCabe (c) Presentation, discussion, and possible action regarding the City of La Porte Fiscal Year 2019-2020 Proposed Budget. [Corby Alexander, City Manager] Staff provided an overview of all funds and expected year-end balances and an overview of budget proposals for the coming year. Without objection, the City Council agreed to add a goal for themselves to increase transparency. The Council adjourned for the evening at 8:51 p.m., fixing the time to which to adjourn as 6:00 p.m. on Tuesday, August 13. (d) Items 5d, 6, and 7 will be handled on August 13, 2019. 6. REPORTS (a) Receive a report on the Drainage and Flooding Committee Meeting. [Councilperson Jay Martin] 7. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • Fiscal Affairs Committee Meeting, Monday, August 26, 2019 • La Porte Development Corporation Board Meeting, Monday, August 26, 2019 Page 2 of 3 August 12, 2019, Council Meeting Minutes • City Council Meeting, Monday, August 26, 2019 8. 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, in in accordance with the authority contained in: City Council will meet in closed session pursuant to Texas Government Code Section 551.071 — Consultation with Attorney, Section 551.072 — Deliberation regarding value of real property, to discuss industrial districts and negotiations with industry representatives for terms of new Industrial District Agreements. This item was handled on August 12, between items 5b and 5c. Councilperson Earp has a Conflict of Interest affidavit on file for the item and did not participate in the session or vote. The Council adjourned into executive session at 6:41 p.m. 9. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 6:56 p.m. Councilperson Oleda moved to approve the new value construction be taxed at a 30% rate for six years; the motion was adopted, 7-0 (Councilperson Garza was out of the room). 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. ADJOURN — Without objection, Mayor Rigby adjourned the meeting for the evening at 8:51 p.m., to resume at 6:00 p.m. on Tuesday, August 13, 2019. Lee Woodward, City Secretary Page 2 of 3 August 12, 2019, Council Meeting Minutes LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 13, 2019 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MARTIN Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a regular meeting on Monday, August 13, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilpersons present: Louis Rigby, Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 4. (Items 2-4, 5a, 5b, and 8-9 handled on August 12, 2019.) 5. STATUTORY AGENDA (c) Presentation, discussion, and possible action regarding the City of La Porte Fiscal Year 2019-2020 Proposed Budget. [Corby Alexander, City Manager] (Discussion resumed at 6:00 p.m.) The City Manager agreed to the inclusion of $185,194 for a Facilities Maintenance Division and provide direction for how that could be best arranged. The Council took a ten-minute recess at 7:47 and reconvened at 7:57 p.m. Councilperson Martin signed a Conflict of Interest affidavit concerning the Chamber of Commerce contract as a part of the Hotel/Motel Fund budget and did not participate in the discussion of that part of the evening. Jeff Martin of the La Porte-Bayshore Chamber of Commerce also answered questions for the Council. Without objection, the Council agreed to increasing the annual contribution to the Chamber to $165,000 in the new contract beginning in 2020. Without objection, the Council asked Parks Director Ros Epting to let the Heritage Society know they were not inclined to take on the part-time employee and relay they were willing to increase the funding to $6,480. (d) Presentation, discussion and possible action regarding a recommended date for holding the public hearing on the City of La Porte's Fiscal Year 2019-2020 Proposed Budget. [Shelley Wolny, Treasurer] Councilperson Engelken moved that the public hearing for the City's FY 2019-2020 Proposed Budget be held on September 9, 2019, City Council meeting; the motion was adopted, 9-0. 6. REPORTS (a) Receive a report on the Drainage and Flooding Committee Meeting. [Councilperson Jay Martin] Councilperson Martin reported on the Drainage and Flooding Committee met on Monday and reviewed grant application, noting several had been downgraded and delayed by the grantors. He said the Committee would meet again on September 9. 7. ADMINISTRATIVE REPORTS • Planning and Zoning Commission Meeting, Thursday, August 15, 2019 • Zoning Board of Adjustment Meeting, Thursday, August 22, 2019 • Fiscal Affairs Committee Meeting, Monday, August 26, 2019 • La Porte Development Corporation Board Meeting, Monday, August 26, 2019 Page 1 of 2 August 12, 2019, Council Meeting Minutes • City Council Meeting, Monday, August 26, 2019 (Items 8-9 were handled on August 12, 2019.) 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 thanked staff for the excellent job they have done on the budget; congratulated Mr. Mayo on his promotion; requested a report on the tax services used for City tax collections; asked for an update on water bill donations; reminded all of the blood drive tomorrow at the Methodist Church; thanked LPPD for Safety Camp; expressed gratitude to Mr. Dolby for his conservative management of the City's funds and to City staff for a job well done on the budget over the last several months; lauded Parks for the Kids Rodeo; recognized LPPD for the LPPD Citizens' Police Academies and the DWI Awareness presentation given recently at Municipal Court; asked that all keep last Friday's Sylvan Beach drowning victims in mind, as well as the first responders who serve in so many such tragic incidents; expressed appreciation for the revised budget process; shared thanks for Grace Church's recent government appreciation services; and thanked the Chamber for their new teachers' luncheon. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 9:24 p.m. Lee Woodward, City Secretary Page 2 of 2 August 12, 2019, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Lorenzo Wingate, P.E., Engineer Department: Public Works Report ir Resolution 1�'°' Ordinance Exhibits: Area map Approved IDA—Ordinance 2007-IDA-019 Water service application Water service aareement Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY Eurecat U.S. Inc. approached the City for a revision to their water service agreement for their facility located at 13100 Baypark Road, in the Bayport Industrial District. The company has added thirty-three (33) additional employees and is planning a 99,000 square foot building expansion which requires fire protection. The City 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 policy to maintain a current Industrial District Agreement (IDA) with the City. Additionally, the applicant is subject to an administrative fee of $7,700. As required, a non-refundable payment of twenty-five percent (25%) of the total administrative fees has been received, with the remaining balance ($5,775) to be paid upon approval of the water service agreement. Based on the previously approved demand for domestic uses, which the applicant has requested to remain unchanged, the average monthly volume for potable water is 71,675 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 company will pay two (2) times the City's current utility rate for service for any additional monthly usage beyond 71,675 gallons. The terms of Eurecat U.S. Inc.'s Water 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. RECOMMENDED MOTION Authorize the City Manager to execute a Water Service Agreement with Eurecat U.S. Inc. for its facility at 13100 Baypark Road, in the Bayport Industrial District. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Eurecat Area Map 7/17/2019 11:19:20 AM 1:9,028 0 0.07 0.15 0.3mi Base Map Layer - Streets Base Map Layer - City Limits 0 0.13 0.25 0.5 km """ Water System - Water Mains ORDINANCE NO. 2007-IDA-19 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH EURECAT U.S. INCORPORATED, A NEW JERSEY 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. Eurecat U.S. Incorporated, a New Jersey 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 Assistant 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 i`•'n�+ nn The (;hi ('nEnrit further ratifnos, 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 3rd day of December, 2007. CITY OF LA PORTE�---� Alton Porter, Mayor ATTEST: aril a Gillett, City Secretary APPROVED: 0 Knox Askins, City Attorney NO. 2 0 0 7 - IDA- NOV 1 9 2907 STATE OF TEXAS § CITY MANAGER'S § OFFICE COUNTY OF HARRIS § INDUSTRIAL DISTRICT 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 E C-v-,taj - 1A • S . _-t71'xA r por_9Vq__eZ , a NQ.w Tt4_..Q�_ _ corporation, hereinafter 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 to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 2007 11 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: I. 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 Land 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 strip of land 1001 wide 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. 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.B. 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" 2 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. 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 III (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 1st 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: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 6011_ 61 O- -a Value Year 2012: 62s Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 6316 Value Year 2017: 63% Value Year 2018: 6316 Value Year 2019: 63% 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 Year -a 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 (20%), 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 ( 2.v'b) VallfdL1V11 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%) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.O0. 4 For the purposes of this Agreement, multiple projects that 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 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 freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers 1fN.L. LA-L-M LL.Le L..7,.4y J.J.M. 4S, I.iSGn L+11G ireeporl. inventor 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 VIII, 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 LIMA, 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 1st 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. VI. 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 6 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 therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes 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 II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give 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 VI (B) . 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-9 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. 7 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 8 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. ONN Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: `C.Lk re.aA; ' U •S . _1_- n C O r (CO PANY) Attention: Department us+vh . y . 7-7Q.A"& 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: Plant Manager Name: Address : 133 I �►�►1? n i . Su ier� O Phone: Fax: O Email: S y r V h Q Q.l.0 rf- . C.o rwt Tax Agent/Billing Contact Name : S 0A M1 Address : 13 3 1 :gjM i h i. S ck i fie_ Q � Phone: '3 3-,-a,R' -fl (a D — Fax. Email: � S W &L& tp P-q V" e.tg=-t. C.O nn ENTERED INTO effective the 1st day of January, 2008. ATTEST: ACityMc etary APP VED: ` Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net By: ® ( COMPANY ) Name: tik,kLu*-01 Title: Mes is e-,v i- Address : 1Aa1 CaQ-mi n , . u.i 4--.3 10 C Y OF LA FORTE By: Alton E. Porter Mayor W By: - KA�- Jo Jo 'r A sistan City Manager CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the �U day of 2 0 0-7, by , of corporation, a corporation, on behalf of said entity. A „ � Notary Public, ,',p,& ,te of Texas prF OF STATE OF TEXAS § COUNTY OF HARRIS § Thi instrument was acknowledged before me on the _L7 day of 200_f, by Alton E. Porter, Mayor of the City of La Porte, a municipal corporation, b half of said entity. NO&Ary Public, State of Texas 11 ZStS 'ON MD:E C00Z 'try 'AON aWl j PaA a3a� Exhibit A Description of the Lumd 1H ELD NOTES FOR A 5.416 ACRE (235,925 SQUARE, FEET) TRACT OF LAND, BEING OUT OF A CALLED 53.41 ACRE TRACT OF LAND AS REFERENCED IN A. CORREC'140N DEED DATED JANUARY 18, 2065 FROM AKZO NOREL CI=I.Isi I.CALS :INC. TO ALBEMARLE CATALYSTS COMPANY LP, ItrCORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBFIt (HCCF#) YZ38202 OF TIIE OFFICIAL PUBLIC K.ECOIWS OF REAL PROI'.I:'>t CY (OPRORP), SAID 53.41 ACRE TRACT BEING FULLY DESCRIBED IN A DEED DATED DULY 30, 2004 FROM AKZO NOBEL CHEMICALS INC. TO AKZO NOEL CATALYSTS LLC, RECORDED UNDI+ It 4CCF## X869695 OPRORP, LOCATED IN TI-M. GEORGE B. MCKI.NS'.li 1tY LEAGUE, ABSTRACT 47 AND "1HlE: WILLIAM Al. ;ZONES SURVEY, ARSTRACT 482, H.ARRIS COUNTY, TEXAS, SAID 5.416 ACM. TRACT BEING MOHE PA..II,IT CULARLY DESCRIBED BY METES AND :BOUNDS AS FOLLOWS: (Bearings at-e based on North 02 &g. 23 min, 16 sec. West along; the w4;St lhne of said 53.41. auc. Lxact). COMMENCING at a -found brass cap in cone mtes stamped "2679" for the northwest corner of said 53.41 acre tract and the Suclt11we9t cornet' of it gilled 125,179 acre tract uC lwid A� described iri a deed dated December 20. 1974 fr5m T)iendswood Developmom Company to PoLrolitc Corporation and recorded udder I;T.C'CT'# E340787 OPRORP, hein8 can the east right-of-w:ty IEnc of Baypark Road (100' with:, RCCF# E7173i9); THENCE, South 02 deb, 28 min. 16 sec, cast, along the west lute of said 53.41 wxo, tract and tine ,aid east righr-of-way line, a distance. of 70.00 fcct to a 3/6 inch iron rod with cap starnpud "Landicuh", set, for the northwest Corner and POINT OIL fiE INNING of the hercm described tract; THENCE, North 87 deg, 28 train. 10 sec. East, 70 feet south of and parallel to the north line of said 53.41 Acre tract, a distance of 647.67 feet to a 3/S inch Iron .cod with cap stamped "Landtech", set, for the northeast corder of the herein described tract; 'fff .NCE, South 02 deg. 2-8 min. 16 sec. Fast, a distance of 362.73 feet to a 3/8 inch iron rod with cap shirred "Lund -tech", set, for the sottthems(c:orner of the herein described tnict; THEENGE, South 87 dvg. 1 I min. 51. sec. West, a dimtnc.e cal' 647.68 fcct to a 3/8 inch iron rod with cap stamped-1-andta:h", set, lira' the Southwest corner of the her in described tract, being on the said east -right-of-way line, THENCE, North 02 &g. 26 51in. 16 sec. West, along said east rhaht-«f-vuay I1E1e, a distance of 365.80 feet to the NOINT OP BEGAN IN() and contaliling 5.416 tacros (2)15,925 %+Lure fact) of land_ RECEIVED HCAD / I & A AGENT SECTION R1 AL FS-fATE SAL,E,s C'0N l-TACT I'AGF 1A 2i2,d OS868TZT82:01 "t708,=T1 Xi h1J8dOdd Nt_i3IZEWU:W0JJ LS:ST L®@Z-bT-fl©N NOV-14-2007 15:56 From:AMERICAN PROPERTY TX 7132780444 To:2812189850 P.2/3 ��er�.wllwl.11r ` k 4 a At fj ��Ilk 11 .._...�..�•T•• •__••_ _. ... -- fill lilt 4 9097 q ;, ti?Nr N01J.03S 1N3C)V 'y V I / ab':DH d3AGOEJa 11111IFf I111111II FF III IIF IFIIF Received Time —Nov. 14.7007— 3:43PM—No.5452 "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100, strip of land shall be subject to the following provisions: ♦ One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. 1 Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. ♦ One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of -way. ♦ Freestanding identification signs for multiple businesses shall not exceed 350 square feet. ♦ Freestanding identification signs shall not exceed 45 feet in height. ♦ Minimum setback for sign construction shall be ten (10) feet from property limes. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 "EXHIBIT C" Page 2 of 3 b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company skull meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other. requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (101) wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (501) landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 15 "EXHIBIT C° Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 CITY OF LA PORTE PLANNING DEPARTMENT 604 West Fairmont Parkway, La Porte, TX 77571 Phone: 281.471.5020, Fax: 281.470.5005 www.laportetx.gov APPLICATION for WATER / SEWER SERVICE to COMPANIES WITH AN INDUSTRIAL DISTRICT AGREEMENT (IDA) Note: Submittal of partial or incomplete information may delay processing of your application 1.) COMPANY NAME (per Applicant's IDA w/ City): Name: zc re. CC.1. it U, S . ne- Phone #: �.'� 4 7 4-" 30 7 Fax#: a$1 - 4-74, -7774 E-Mail: 4� Company Address: 310 &d�X Road 'PcaiSa 0% , TA V 61)7 - City Use Only - Rec'd by: Date: Date of Initial Review Meeting: Date of Internal Review Meeting: Request Meets Policy Guidelines? Date of Notification to Company: 2.) *SITE TENANT (if other than "Company"): Company Name: Phone # Fax #: Address: Contact Name: 3.) PROPERTY DATA (If available, include any survey, plat, site plan, map or sketch of the subject site with this form): *Company's Industrial District Agreement No.: 2007 - IDA • 19 *Site Address: 13100 Ba,_Ipgyl< Road 1 ras enct I TX 77;0 7 Site HCAD ID(s): Y or N Total Site Acreage (Per Exhibit "A" of Company's IDA): 3 Acres / 6 �C� e N 7d R �- 6 . $ y� @,u3 4.) SITE FACILITY INFORMATION (If available, include anv site plan or sketch of the subiect facility with this form): 9 New Construction Describe Project: 4S ill C 1 r� e veX+e wa�`�-'� Ma's S i 3Yl �� '�' A -ye- h4dTavif asid Aye ;hklev s 41-C A b4 Ne, ne-W T1 o00 ed rN ❑ New Tenant Requesting Additional Water and/or Sanitary Sewer Allocation r t' (Specify reason(s) for additional allocation request: *Full-time Regular + Full-time Contract Employees who will occupy this facility: '% 7 Total Full -Time Employees **Current Amount of Water Allocated to Company by existing Water Service Agreement: 77,, 14 7S_ gallons per month **Current Amount of Sewer Allocated to Company by existing Sewer Service Agreement: /V A gallons per month 5.) WATER SERVICE IS REQUESTED to COMPANY'S SITE FOR THE FOLLOWING PURPOSE(S): ❑ Domestic Uses (i.e. Drinking, Flushing, Etc.) Other (describe): Xpy R&ke_C_AC_ry1 N® f_ !� 6.) SANITARY SEWER SERVICE IS REQUESTED to COMPANY'S SITE FOR THE FOLLOWING PURPOSE(S): ❑ Domestic Uses (i.e. Wastewater from domestic uses) ❑ Other (describe): * An Administrative Fee of $100 per employee is assessed for each agreement (Min Fee = $5,000; Max Fee = $15,000) **If Applicable STATE OF TEXAS COIJNi TY OF 11ARRIS § CITY OF LA PORTI 'A'ATER F'EI' ZV12C E A+CffRE1[+,fW1>f NT This ACiRI;I-;Iv(E;N`( macic and entered into by and bc[aveen the CITY Of' LA POR 11-- Tl`,XAS. a nnmic]pal corporation of Harris County., Texas, hereinafter called "CITY", and sway .Cdf (� $ . � � hereinafter called "C0N/1P��1Nti"' COit,IPANY is the (nvner of certain real property Which is situated within the CITY'S Battleground or Rayport Industri�ll District and not within the corporate limits o(,the (ITY. CITY and CON/IPANY are parties to a current Indllstrlal District Agreement. C:'ONJI)'1NY is desirous of Ptu-chasing potable water Prom CITY For usual htn»an domestic uses. Previous planning considerations For the longdonge potable water supply or arY did not include the needs of properties located outside tine COl-porate limits of CITY. COMPANY recognizes that (ITT' cannot at this lime provide permanent and unlilllhCd water service. CITY agrees, however, to provide limited potable wafer service to COIN,II'ANY. For and in Consideration of Furnishing domestic potable water by, CITY, the parties hercto agree as follows. to -wit: CON411ANY has ninde certain represcntatiions to CITY as to the number of employces that will be located at tlae COMPANY'S property as of the (late of this agrecment, upon which represcntadorns CITY has relied in enterin-into this Agreement. Upon review of these representations. the City has dctermine;d the AN)" ing: Number of Full -Time P_mployces on site -% 7 + Number of Full -Time Contract Employecs on site _ Total Ora-,`itc Full -Time F"All ployees Potable Water Approved for Domestic Ilse 2J50* (Total on -site Employes times 50 gpd per employee) Total Arrows of Potable Water Approved for CON413ANY (Average Daily Volume. gpd) _2a5O* *Eurecat U.S. Inc. requested that previously approved usage remain unchanged. Thus, approved amount is 'based on 47 total employees, IV. CITY has determined that adequate rush es are availahle to CHN to furnish powble water to C )iMPANY based on the following terms and conditions. to -wit: (A) MIMPANY shall pay to CITY a one-time administrative fee of �; 7,700 (13') The total amount of potable water approved to COMPANY is established at 1350 O gallons per day. This number is based on an average of fifty (50) giallons per employee per day as established by CITY. (C.) .The average monthly volume of 71A75 -- ( ) galls in is established by multiplying the average daily volume by a factor or 300. which shall be used to IC&Wte CI'i�l''S utility service billings. (D)Nothing contained in this :Agreement shMI obyw CCl'Y to Rwdsh more than the average monthly volume of 71,675 () gallons. fZepeatecl consumption (Treater then the established average monthly volume may result in termination of service. (11 COMPANY shell pay the standard water tap/meter fee based on CITY'S current tale/meter Ice schedule. Up€'in final approval of CO.N PANY'S on -site and/or off -site utility Construction by CITY. COMPANY shall pray the CITY'S Standard water del)Osit fee through CIT'Y'S Utility Billing Division prior to receivingvwater service from CITY. (h) The cost of water up to the average monthly volume of _ 71,675 ___(—) gallons shall be billed at one hundred fifty percent (I 50 b) of the Cfl'Y'S rate as established from time to time for commemiaal customers inside its corporate limits. (G)Thc cost of water 1'01' amounts used in excess 01'the established average monthly vialumc shall be billed at hvo lulnCII-CCI percent (200%) of the CITY'S rate as established from time to time Cor commercial customers inside its corpoiaale limits. (H)COMPANY shall submit a preliminary site plan showing the total acrcagc 0fthe tract including present and proposal improvements and a suitable locati011 map of the site. COMPANY'S development maav 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) COiN]PANY"S site design and site development x ill, in certain casey be subject to specific -'Mules and Regulakml' as del -tiled in I'Mlibii '-C: of COMPANY'S Industrial District Agrecmcnt with CITY. (.I) All plrnnbing installed by C0ij\/1PANY cOnraecled to the domestic water line fra.na CITY. shall meet all applicable State of Texas and CITY plumbiaag code regtirements. (IC)A reduced presswv zone backflow pmvenler shall be installed aancl maintained by CONIPANY to protect CITY from any possible cross -connections. (L) COMPANY'S pa whic water supply system will be se,gated frann any existing and lKwe fire protection system. K OM) The total cost for the engineering cesign and cw swuction of any pmablc vatur i7wh. service line- back flow prevcnter. meter or other required appurtenances will be the responsibility of CON[1'ANY. (N) CONIPANY agrees to be bound b) all applicable ordinances of CITY. relative to the Vanishing of potable water to customers within the corporate limits of ATY. (0)'fherc shall be no resale of water pmvidcd by CITY. nor any extension of service lines by CONIPANY to serve other parties. (P) Urn 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 CON,IPANY. (Q) CITY shall have the ri!(1ht to interrupt or temporarily suspend said water service to ('( N"[PANY if an emergency arises and there is not an adequate water supply Lo meet the needs of the citizens of La Porte, (R) CITY reserves the right to enlow its clronuht Coll Lill "ency plan on all water eustomcrs at CffY'S sale discretion. (S) CfIY does not guarantee its water system to provide specific water pressure; and/or vwater volume requirements of COMPANY. \/. All expenses of the installation or 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 C.'ONIPANY. CONIP;�NY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall oNyn the meter. V1. In the event a State or I lams (_bounty license, permit- or permissh r to install the water main is revoked. or relocation or adjustment is required. CITY will not be responsible far the expense of such relocation, adjustment. or replacement. VII. CITY reserves the rioht of entry at all rcmmablc times for the purpose of inspection of COMP.ANY'S water facilities. rcading its watcr meters) and to observe compliance with the terms and conditions of this Agreement. AVhcn exercisinz(� its right 01' entry. CITY shall notify CON/IPANY in advance. CITY also agrees to follow established health and safety policies in effect at C;ONTPANY'S Eacility. Vlll. CITY Y reserves the HOU to tenWnate Th agmement In the event of VIUIaIIaN of the teens and provisions hereof by C'ON/IPANY. CITY will provide COMPANY with Nvrit(cn notice of any defects and CONIPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) calendar clays from date of written notice by CITY nlav result in termination of Agreement. CITY shall have the right to summarily correct.. at CON PANY'S expense, any defect 01. cicflcicncy, whell Ill it's opinion the integi-ity of the hLIbIIC XV ItCl- Supply is threatened. IX. upon receipt of written notice of termination. COMPANY shall lliIVC LII) to Six (6) months to prepare for transition to another water supply. if the U<tnsition is not COInPICte within Said Six- month period, CITY shall have the righL to terminate water Sel'VICC at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the ternls and provisions of the Industrial District Agreement between file patties, the ternls and provisions of the Water Service A`1I'eelneilL shall control, to the extent of such conflict. The term of this Agreement shall expire on December 31 2019 plus any renewals and extensions thereol'. However. this Agreement shall 1LItonlaticatly expire at such time as there is no effective InCILIS1.1'la1 District Agreement between the parties or if CITY exercises its right of termination. GNfI RED INTO effective the day of _ SignaLLIN of Company's Authorized Representative PrinteclName: T&_.P A�,IA:,�_zj100SA _DE, 0GV� - ?A Company Representative'sTWO: vita P2eS1'Da-,,i or Company's Address: TX 175 t J &ll[[ST: CITY OFL/\PVK[[ YotriccFouurly LuuixK.Kihv City Seum|ury Muyor APPKDV[D� By: Kuox \Y.&skins Corhv&|cxundo 4, g r-n K 07 F"n v 1 6 lrf it f rv,zrL?� t t, 99 to `ul atcr Service :'\< ceemcnl Tile `Vater Sen'ICC A0reement is hereby amended and supplcmcnted to include the folloNri110 ilddition'll rcquiremcnts ti�Yrced to by CITY and CONIPANY, 111CSe N+Iirc;ments repriaCnt contractual oblig aions of ('ON1P,ANY to receive �vrater service h-onl CITY per (he terms of (he 1Vatcr Service 'A'.' -Cement rind this lCIde11dun1. COiN/WANY shall I'ullill each ol' the IOH(Aw1110 'Idditional requircrneMs as set forth below. Additional Rey i� 3iE_Cme➢&ts of COMPANY: Fire Sprinkler Plan included for reference. 2. Additional potable water usage shall be limited to fire prevention: 6 tap; 15,000 gallon water storage tank for fire prevention system (tested quarterly); testable double check backflow preventer to be installed on 6" fire line; 3. Eurecat U.S. Inc. requested that previously approved usage remain unchanged. Thus, approved amount is based on 47 total employees. Initial for Am)2-(r%n!1: CITY AI'ITOVAL: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Matt Hartleib, HR Manager Department: Administration/Human Resources �r Report "" Resolution i Ordinance Exhibits: Proposed 2020 Civil Service Pay Scale 2017-2021 Meet and Confer Agreement Appropriation Source of Funds: Account Number: Amount Budgeted: $281,702.00 Amount Requested: $280,301.00 Budgeted Item: Yes �No SUMMARY As required by the previously approved City of La Porte/La Porte Police Officer Association multi -year Meet and Confer Agreement, representatives of the City of La Porte and representatives of the La Porte Police Officer Association began work in April 2019 to complete the annual process prescribed in Article III -Wages. This process includes a market study of comparator police agencies, calculation of a market median, analysis of the budgetary impact of resulting pay scale changes, and adjustment as needed to comply with the total salary budget increase cap for covered employees. This year's market study resulted in proposed changes to the scale equal to a 4.98% budgetary increase over the previous year for salaries. The cap for year three (3) of the agreement (Fiscal Year 2019-20) is 5%; therefore, no additional adjustments were required. On July 2, 2019, City and Association teams met and agreed to the proposed pay scale. As required, the full membership body of the Police Association has also affirmatively voted to accept the proposed pay scale. The existing agreement and current pay scale, are pursuant to the provisions of the Texas Local Government Code and will be in effect until September 30, 2019. RECOMMENDED MOTION I move to approve the proposed changes to the City of La Porte Civil Service pay scale as presented. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date O N o Ln..:........ 0) Cl)Ln 4C7 CA � CA LnM U N .-1 CAI 17 (J) CA u M U Ln � u M U O { O Ln U M LO Ln Ln Ln U M W 0) 00 CO Ln d U M CA cn M U M CA + ..U7. O N Ln N Ln U M U Ln M Ln .-.1 1.C}.:. 7 N cn N Ln U M U w,',.... N N U M U M N M M N U OM U rV CO fV `"{ N Ln N U N U N CA Ln U N U O Ln O r-1 CJ i M N Ln Ln U N U -1 N Ln Ln U U w C R V V o. O cn TF M Ln U N M Ln U M Ln U O M N U M Ln U w C R C w 7 J Meet and confer Agreement Between The City of La Porte And The La Porte Police Officers' Ass®ci ation October 1, 2017 — September 30, 2021 Table of Contents Article Provision Page Definitions 3 1 Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 11 V Education 12 VI Promotion to Ranks of Sergeant 13 & Lieutenant VII Physical Fitness 17 Vlll Compensatory Time 18 IX Association Leave 19 X Grievance Procedure 21 Xi Duration 24 Signature Page 25 Attachment °A" 26 2 Definitions For the purposes of this agreement, the following definitions shall apply: A) "Accredited College or University" means one that is listed by an accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers courses that a re "accredited" B) "Chief' means the Chief of Police of the La Porte Police Department or his designee. C) "City" means the City of La Porte, Texas. D) "Coveted position" as used in this Agreement mea ns any position in the Department to which more than one sworn employee has expressed an interest in being assigned by the Chief. E) "Department" means the La Porte Police Department. F) "Employee" means a sworn Police Officer who is a member of the bargaining unit. G) "Employer" means the City of La Porte. H) "Officer" means any sworn Police Officer who is a covered by this Agreement. 1) "Association" means the La Porte Police Officers' Association J) "TCOLE" means the Texas Commission on Law Enforcement. K) "TLGC" means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. Article I Authority and Recognition 1. The City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions set out in this agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143, TLGC or any other statute, executive order, local ordinance, or rule, this Agreement shall supersede such provision, as authorized by Section 142.067 of the TLGC. 2. The City recognizes the La Porte Police Officers' Association as the sole and exclusive bargaining agent for all non -probationary Police Officers in the La Porte Police Department, excluding the Chief of Police and the Assistant Chiefs of Police. 2 Article II Hiring Preemptions 1. In adopting this Agreement, the parties recognize the need for more flexibility in the hiring process to meet the needs of the Department and believe it improves the selection process by allowing for the lateral hiring of experienced Police Officers, Certified Texas State Peace Officers, and/or otherwise qualified mature applicants. 2. Effective with the ratification of this Agreement, the City shall be allowed to fill vacancies in the entry level Police Officer classification by hiring experienced police officers and/or peace officers certified by TCOLE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade/step commensurate with his/her level of experience, however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility, shift bidding, pay or other privileges of employment. Once a newly -hired Police Officer is placed in the appropriate pay gradelstep, the Officer shall progress through the remaining steps of the pay scale on each anniversary date, so long as all eligibility requirements contained in this Agreement are met. To qualify for the lateral entry program, applicants must pass a physical fitness exam, a comprehensive background investigation, to include psychological, polygraph, medical exam, drug screening and a 12 month probationary period. Applicants must additionally meet the following criteria: d Education and Experience: Graduation from an accredited Police Academy. Licenses and Certificates: Possess a Basic Peace Officer license issued by TCOLE by the time of appointment. 3. Police Officers hired pursuant to this Article shall be compensated according to his or hertotal number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Police shall make the final determination of whether an applicant meets the criteria of the Lateral Entry Program, and his decision shall be final and non -appealable to the Civil Service Commission or to any court. No rank will transfer. 4. Specifically, this Article preempts, to the extent of any conflict, all contrary State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre-empts TLGC, Section 5 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military service, or five (5) years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring criteria required for employment as a Police Officer with the City of La Porte. A person is not eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commission and meets minimum eligibility requirements for a Police officer as outlined in local civil service and TCOLE rules. 5. To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. In addition to the pre-emption noted in Subsection 4 above, this Article also pre-empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. R Article Ill Wages 1. The City of La Porte and the La Porte Police Officers' Association hereto agree that a "market approach" philosophy shall been used as a guideline to determine appropriate wage scales for Officers of the Department. In implementing this approach, the parties agree to compare wage rates with Police Officers in comparative cities within the region via a market survey_ The definition of "market" is the median salary for each pay grade for the Cities surveyed. 2. The City and Association further agree that the aforementioned market survey will be renewed in April of each year during the term of this Agreement and that median level salary rates for Police Officers covered in this Agreement shall be revised to reflect the current market, as determined from the results of the market survey. Any annual increase will reflect the market survey up to, but not to exceed, a set percentage of the collective salary budget for police officers as compared to the immediately preceding fiscal year according to the following schedule. a. Year 1 — 3% b. Year 2 -- 4% c. Year 3 -- 5% d. Year 4 -- 5% 3. This agreement makes no changes to the current step schedule for the ranks of Police Officer, Sergeant, and Lieutenant. 4. Each year, The Association will appoint a representative to work with the City's HR Manager in conducting a salary survey from Texas City, Galveston, Baytown, League City, Pasadena, Pearland, Friendswood, Sugarland, Missouri City, and Deer Park. The salary survey will reflect employee salaries as of April 1 of the current year. The Association will provide name of their appointed representative to the City's HR Manager no later than April 1 of the current year. The City's HR Manager shall coordinate the survey, with the assistance of the City's Finance Department and the Association's appointed representative, and will have the information collected and the proposed adjusted pay scales completed and presented to the Association and City Bargaining Team members no later than May 31 of the current year. Once the above mentioned salary survey has been completed, the proposed adjusted pay scales will be created by: `J a) Determining both the median minimum and maximum salary range for each of Police Officer, Sergeant, and Lieutenant for the above ten (10) listed cities using the Median Salary Worksheet. Salaries for the City of La Porte are not included when determining the median salary ranges. b) For Police Officer, the minimum median salary will be set as the new La Porte CS1-0 salary. The maximum median salary will be set as the new La Porte CS1--12 salary. CS1-0 will then be subtracted from CS1-12 and that amount will then be evenly distributed across the range. CS1-15 is then 75 cents above CS1-12 and CS1-20 is then 75 cents above CS1-15. c) For Sergeant, CS2-0 is 3% above CS1-12 or the minimum median salary for the rank of Sergeant from the salary survey, whichever is higher. The maximum median is then CS2-6. Subtract CS2-0 from CS2-6, then evenly distribute across the range. d) For Lieutenant, CS3--0 is 3% above CS2-6 or the minimum median salary for the rank of Lieutenant whichever is higher. The maximum median is then CS3-3. Subtract CS3-0 from C83-3 and then evenly distribute across the range. 5. The new step pay rates will then become effective on October 1 (the first day of the fiscal year following the current fiscal year), so long as the proposed increase does not exceed the designated percentage of the approved salary budget for the current fiscal year. 6. Should the new step pay rates be projected to exceed the designated percentage of the collective salary budget for police officers for the current fiscal year, the proposed increase for each individual step will be reduced by the same percentage in order to meet the applicable cap. This will be accomplished by first determining the percentage that the proposed collective salary budget exceeded the applicable cap of the actual collective salary budget for the current fiscal year and then reducing each individual step by that same percentage. 7. Once proposed pay scales have been created by the City Finance and Human Resources Departments each April, the City and Association bargaining team members will review the proposed pay scales revisions and ensure that same are accurate. Once agreed upon, the new rates will take effect subject to the approval of City Council and the Association. 8. Employees shall receive step increases on the anniversary of their appointment to their current rank. If an employee receives a less than satisfactory performance evaluation L (anything below a 3), the employee will not receive a pay increase of any type (including lump sum payments referenced in Article III Subsection (4) and the current step increase will be held until the employee earns a satisfactory evaluation (3 or above). Once the employee's performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then -current step for his/her time in grade. If an employee receives an "exceptional" evaluation (above a 4), the employee will be moved up two steps on his/her anniversary date. Upon receiving the next evaluation, that employee shall be placed at the then -current step for his/her time in grade. This Section will not apply to any cost of living raises or pay scale adjustments. 9. If an employee receives a less than satisfactory performance evaluation, as outlined in this Article, the employee may appeal the performance evaluation according to the following process: a) All performance evaluation appeals shall be submitted by the affected employee to the Chief of Police in writing within seven (7) calendar days from the date that the employee receives the evaluation. b) The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal was received by the Chief of Police. c) If the Chief of Police upholds the performance evaluation, the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the date the Chief of Police rendered or should have rendered a written decision. d) The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. e) If the appeal remains unresolved, the employee or his/her representative may file the appeal to the civil service commission. The commission shall hear the appeal at their next regular scheduled civil service meeting. The City of La Porte and the affected employee or his/her representative may present witnesses, evidence and other relevant information to the civil service commission. The civil service commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and binding upon all parties. W f) The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. g) It is the intent of all parties subject to this agreement that any aforementioned evaluation appeal be resolved at the lowest level possible. 10. Employees who have reached the last step of the wage scale and who have received a "satisfactory" performance evaluation of 3 or alcove shall be paid a lump sum of one thousand dollars ($1,000.00) each year on the anniversary of appointment to their current rank. Employees who have reached the last step of the wage scale and who have received an "exceptional" evaluation (above a 4), shall be paid an additional one thousand dollar ($1,000) bonus, for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to their current rank. As is the case with other exceptional employees receiving additional performance based wage step incentives, the additional bonus provided to employees who have already reached the last step of the wage scale will be available to the employees a maximum of once every other year. 11. To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and preempts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. This Article specifically pre-empt$ Sections 143.041(b) of the Texas Local Government Code. 12. The City and the Association agree that all provisions of the City of La Porte Emergency Pay Policy, as adopted by the La Porte City Council on July 23, 2012, shall apply to all officers covered under this Agreement. 10 Article IV Incentive Pay i The City shall pay each employee holding a Masters Certificate granted by TCLEOSE the sum of $150.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Intermediate certificate granted by TCLEOSE the sum of $100.00 per month. Z The City shall pay each employee holding a Master's Degree obtained from an accredited university the sum of $150.00 per month. The City shall pay each employee holding a Bachelor's Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $100,00 per month. 3 In an effort to encourage Police Officers to continue their college education, effective with the signing of this agreement, Police Officers are entitled to receive both certificate and educational incentive pay, up to a maximum of three hundred ($300.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCOLE certificate and/or for more than one college degree. 4 To ensure that records are accurate and incentive pay is issued in a timely manner, Police Officers are solely responsible for reporting and providing proper documentation to the Chief of Police or his/her designee to show that the Police Officer has completed training and/or education outside the Department. Police Officers are not entitled to retroactive incentive pay. Incentive pay shall begin at the beginning of the next pay period after the date on which the Police Officer provides proof of certification and/or receipt of a college degree in accordance with this Article. 5 To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre- empts Section 143.044(b) and (c). 11 Article V Education 1 In order to be eligible for voluntary transfer into a coveted position, as that term is defined in this Agreement, within the Police Department, all Officers hired after 13 July 2009 must have completed a minimum of 20 college hours from an accredited college or university. 2 Except as provided in Section 3 below, in order to be eligible to participate in promotional examinations for Sergeant or Lieutenant, Officers must have completed a minimum of 60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TCOLE training credits calculated at the rate of 20 training hours equal to 1 training credit, for a total of 60 hours. 3 The 60 hour college requirement established in Section 2 above shall be waived for officers wishing to take the promotional examination for Sergeant if the officer is able to provide appropriate evidence, namely a federal form 00214, showing that they honorably served four (4) or more full years in one or more branches of the U.S. military. 4 To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre- empts Section 143.028(b), and 143.031. 12 Article VI Promotion to the Ranks of Sergeant and Lieutenant :L With the exception of the below provisions, promotions to the rank of Sergeant and Lieutenant shall be in accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143. Each promotional candidate from the police department who receives a grade of at least 70 points on a promotional examination will be considered as having passed the examination. Z Seniority points will only be added to the promotional candidate's score if the applicant scores 70 or more points on the written examination. Candidates eligible to receive seniority points will have 1 seniority point added to their test score for every full year they have served in their current classification (grade), up to a maximum of 10 seniority points. For example, Sergeants who take, and pass, the Lieutenant promotional exam will only receive seniority points for each full year they have served as a sergeant. Cut off for seniority point calculations will be the date of the candidate's written examination. 3 In order to be eligible to take the Sergeant's test, officers and/or detectives must have served with the La Porte Police Department at least four (4) continuous years as a commissioned peace officer preceding the date of such promotional examination. 4 In addition to any seniority points a promotional candidate is eligible to receive, promotional candidates who successfully pass a Sergeant or Lieutenant promotional examination and who have participated in the La Porte Police Department's Leadership Mentoring Program for at least six (6) full months prior to the date of the promotional examination, shall have an additional 2.5 points added to their written exam score. 5 Police Officers promoted to Sergeant and Lieutenant must serve a probationary period within the new classification. The probationary period 13 is completed following six (6) months of continuous service in the new classification. Should a police officer fail to successfully complete their probationary period, they shall be returned to the rank they held immediately prior to the promotion. 6. In accordance with applicable Civil Service Law as established in Texas Local Government Code Chapter 143, Section 143.035, an alternative promotional testing system may be used. The City and the Association agree that an alternative promotional testing system will only be used if it is (1)proposed by the Chief prior to a promotional test notification from the City AND (2) accepted by a majority of the candidates for promotion who submit the required letter of interest in participating in the promotional process. This process must be repeated with each promotional test the City intends to administer and shall not carry over from one promotional test to the other. If an Assessment Center is selected as part of the alternative testing system, it shall be administered following the below procedures; A) Positions in the rank of Sergeants and Lieutenants shall be filled from an eligibility list created by a promotional procedure consisting of a written examination and an Assessment Center conducted in accordance with this Agreement. B) Officers who pass the Sergeant's or Lieutenant's written promotional examination with a score of seventy percent (70%) or higher will proceed to the next step of the examination process, which is an Assessment Center. C) The score for the Written Examination and the Assessment Center shall be between 0 and 100 points each. As such, after the Assessment Center scoring has been completed for the rank of Sergeant and/or Lieutenant, the eligibility list shall be calculated as follows: 1. Written examination 0- 100 points 2. Assessment Center 0- 100 points 3. Seniority Points 2 - 10 points 4. LMP Participation Points 0 - 2.5 points 14 D) Prior to the written test being administered, the Human Resources Department will generate a list of potential assessment center consultants. The Chief shall then appoint two (2) members to serve on an Assessment Center Review Committee (ACRC). The ASSOCIATION shall also select two (2) individuals to serve on the ACRC. ACRC members must not be officers who are participating in any of the current year's promotional examinations. Consulting with the Chief and other supervisors/managers of the department, ACRC members shall establish assessment criteria based on job content and responsibility. Once assessment criteria have been established, the ACRC shall meet to consider the list of consultants provided by the Human Resources Department and select the Assessment Center Consultant from the list (which may be subject to City purchasing policies and procedures). E) After the Assessment Center Consultant has been selected, the Consultant will orient the ACRC. The Consultant will collectively confer with both the Chief and the ACRC on the needs or issues affecting the design of the Assessment Center. Any input from the ASSOCIATION will be summarized by the ACRC and made available to anyone who requests it. The Consultant shall make all final decisions concerning the design a nd implementation of the Assessment Center. F) The Consultant designs the Assessment Center and also selects the assessors; however, all assessors must meet the following criteria: X. Active duty or retired, sworn officers of similar rank to the one being assessed for promotion, or above, from cities with a population of 25,000 or greater; 2. Shall not reside in La Porte or any city contiguous to La Porte; 3. Shall not be related, by blood or marriage, to any candidates for promotion; 4. Shall not personally know or be an acquaintance of any candidate for promotion; 5. Shall have two (2) years of experience in the promoted or equivalent rank; and 15 6. Shall not be a current or former employee of the City of La Porte. G) The assessors selected by the Consultant will assess the candidates for the rank. The assessors shall award up to one hundred (100) points to each candidate participating in the assessment center. The assessment sessions may be recorded, and candidates may review their own session by making an appointment with the Human Resources Department during normal business hours. Examination reviews will be conducted on the officer's off -duty time and copies of the videotapes will not be distributed. Except for specific violations of any of the aforementioned criteria, or as provided by law, assessment center scores shall be deemed final and are not subject to appeal. 16 Article VII Physical Fitness 1. Officers hired after 13 July 2009, shall be required to pass an annual physical fitness assessment in order to be eligible for voluntary transfer to a coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2. All Police Officers employed by the La Porte Police Department are encouraged to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City -employee wellness program. 3. Employees participating in Police Department's physical fitness program or the City's general employee wellness program shall not be paid for time spent preparing for assessments, personal conditioning, or engaging in any work-out related activities. When on -duty, police officers will, however, be allowed to participate in quarterly assessments during their work hours. Under no circumstances will participating Police Officers be eligible to simultaneously receive the cash bonus under both the general City- employee wellness program and the Police Department's physical fitness program. 4. All Police Officers who pass the physical fitness assessment will be authorized to wear a special "physical fitness award ribbon" on their uniform and will receive a physical fitness cash bonus of $250.00 for each quarterly physical fitness assessment successfully passed to be paid at the end of the calendar year. At no time shall such fitness bonus exceed $1000.00 annually. 5. To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre- empts Section 143.044(d). 17 Article Vlll Compensatory Time All sworn Police Officers shall be eligible to accumulate and accrue compensatory time at a rate of time and one-half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions of the Fair Labor Standards Act shall be adhered to by the City of La Porte and the Police Officers covered under this agreement. Z As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall be granted at the sole discretion of the Department, and will not be granted if overtime is required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. 18 G Association Leave Except as provided for under Section 2 below, during the term of this Agreement, each year on or before December 31 the City shall assess from each Association member two (2) hours of accrued vacation leave time to be placed in an Association business leave pool. Association members, with the approval of the Association Board of Directors, shall be allowed to debit the pool during the calendar year when attending to Association related business, including, but not limited to, time spent representing the Association at meetings or events; representing members at disciplinary hearings, grievances or on other job -related matters; attending seminars or training programs, and attending to business associated with the "meet and confer" process. z Any Association member shall have the option to opt out of participating in the Association Leave Pool and avoid the aforementioned vacation leave assessment by notifying the Human Resources Department prior to January i st of any applicable year, during the term of this Agreement. Such notice shall be in writing and the Human Resources Department shall thereafter send a copy of it said notice to the Association within thirty (30) days. Should any officer willingly and voluntarily give or provide additional minutes of credited leave time to the pool, he/she may do so by delivering by proving written notice to the Human Resources Department, who then will furnish a copy of same to the Association within thirty (30) days. The Human Resources Department shall provide the Association with a statement as to the leave balance in this pool every ninety (90) days. 3 The Association shall request Association Leave off for eligible members at least forty-eight (48) hours in advance, by delivering written notice to the Chief. Association Leave shall be viewed the same as requests for regular vacation and will be subject to supervisory approval, with staffing and other considerations taken into account. As with all other forms of leave, if the Chief of Police deems it necessary, he/she may order Association members on Association Leave to immediately report back to work. 19 4 The pool shall be cumulative during the term of this Agreement. The City is only required to make an individual assessment from Association members who have at least two (2) hours of accrued vacation time at the time the City makes the assessment. 5 The Chief will consider requests for additional time off without pay to attend to other Association business. Any such request shall be in writing and delivered to the Chief at least forty-eight'(48) hours in advance of the requested leave. W 1 Grievance Procedure 1) The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance involving the interpretation, application or enforcement of a specific clause of this agreement by one or more employees shall be brought to the attention of the Association Grievance Committee in writing within fifteen (15) calendar days of when the employee knew or should have known of the occurrence or occurrences that gave rise to the grievance. The Association may bring a grievance that is an on -going practice by the City which affects the bargaining unit as a whole "Class Action" within fifteen (15) calendar days of when the Association knew or should have known of the grievance. Within fifteen (15) calendar days of the receipt of the grievance, the grievance committee shall determine if a valid grievance exists. If, in the opinion of the Association Grievance Committee, no grievance exists or the Association denies the grievance, the Association Grievance Committee shall notify the employee. If the Association Grievance Committee accepts the grievance, the Association shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police. 2) The Chief of Police shall render a written decision to the Association Grievance Committee within seven (7) calendar days of the date the Association Grievance Committee filed such grievance with the Chief of Police. 3) If the grievance remains unresolved, the Association Grievance Committee or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7) 21 calendar days of the date the Chief of Police rendered or should have rendered a written decision. 4) The City Manager shall render a written decision within seven (7) calendar days of the date the Association Grievance Committee filed said grievance with the City Manager. 5) If the grievance remains unresolved, the Association Grievance Committee or its representative may request that the grievance be submitted for grievance mediation through an independent third -party such as the Federal Mediation and Conciliation Services (FMCS). The parties hereto agree that any fees and expenses associated with mediation shall be shared equally by the submitting Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorneys services. 6) If the grievance remains unresolved following mediation, the Association Grievance Committee or its representatives may the request that the grievance be submitted to arbitration, said request must be submitted in writing to the office of the City manager within seven (7) calendar days from the date an official impasse is declared relating to mediation. 7) Either party may request the Federal Mediation and Conciliation Services (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event, the FMCS or AAA will be requested to submit another list. The Parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. A) The powers of the arbitrator shall be limited as follows: 1) He shall have no power to add, to subtract from, or modify any of the terms of this agreement. W� 2) The arbitrator shall deal only with the grievances that occasioned the arbitrator's appointment. j The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. 4) The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this agreement. 8) The parties hereto agree that the Arbitrator's fees and expenses are shared equally by the appealing Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney's services. 9) A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by the Association Grievance Committee and the appropriate management official. 23 Article X1 Duration 1) The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers' Association and approval by the La Porte City Council, in accordance with Chapter 142 of the Texas Local Government Code. This Agreement shall expire at midnight September 30, 2021. In the event that a new Agreement has not been reached by that date, the parties may mutually agree to extend this Agreement. 2j The City of La Porte and the La Porte Police Officers' Association shall begin the "meet and confer" process no later than May 1, 2018, unless the parties mutually agree in writing to defer the start of the process to a later date. Vil The foregoing instrument has been negotiated, reviewed and approved by each of the signatories indicated below: LA PORTE POLICE OFFICERS' ASSOCIATION Ratified by Porte Police Officers' Association Membership on 1 / day of stud l,- klo- r , 2017. la ent, Ua Porte Police Officers'Association Attest: r 1r zy0 .Seep, La Porte Police cers ssociation 1, "�6p" CITY OF LA PORTE, TEXAS Approved by La Porte City Council on day of Z4 - 2017. IZ— By: ' " . City UaAager, City of LaA6orte, Texas By. --X��N. &A�- Chi.ef of Police, City of La Portg �,&c Attest: 17 U a-, J �.' - City Secretary, Oty of -jr Wf orte, 25 00 Ln co ce) 01 A Lq co co Ch! ol tj Iq co Ir cq rq en co Lq Q6 m Ln cq Ln LL La cn E ro CD IL 0 C216 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution 4' Ordinance Exhibits: Ordinance No. 2019-3750 P&Z Recommendation Letter Proposed Land Use Map Existing Land Use Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION This item is a request for consideration to amend the city's Future Land Use Plan in conjunction with a request by Justin Bennett of Phelan -Bennett Development, applicant, on behalf of Carrington F. Weems owner, who is seeking approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The proposed zone change would allow for the development of an industrial office/warehouse building on the site. The property in question is located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The city's Future Land Use Plan (FLUP) identifies the subject property as "Commercial". In order to accommodate the proposed zone change, staff recommends amending the existing FLUP map to show the property as "Light Industrial". The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet and limit the total number of bay doors to 9. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Future Land Use Amendment. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance amending the City's Future Land Use Plan, for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3750 AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on June 20, 2019, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for that 5.051 acre tract of land located at the northeast corner of S. 16"' St. and the W. M St. ROW, and legally described as follows: Lots 1-32, Block 1144 and Lots 1-32 Block 1143, La Porte Subdivision, City of La Porte, Harris County, Texas, from its present designation of "Commercial", to "Light Industrial", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend the adoption of said proposed amendments to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after duly noticed public hearing held at its July 22, 2019 meeting, and receipt of the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to 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. 3 The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4 This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 26th day of AUGUST, 2019. CITY OF LA PORTE, TEXAS In Louis R. Rigby, Mayor ATTEST: 52 Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Planning and Development Department IlEistala11s1hed 11892 "" u-ss III'ivai�s I )IIIra-.tor June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Request #19-92000002 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on June 20, 2019 for a request to amend the City's Future Land Use Plan as adopted in the Comprehensive Plan for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The request was for approval of a change of the future land use designation from "Commercial" use to "Light Industrial" use The Commission voted 4-3 to recommend approval of the proposed amendments to the City's Future Land Use Map. Respectfully submitted, r Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution Ordinance Exhibits: Ordinance No. 2019-3751 P&Z Recommendation Letter Aerial Map Zoning Map Future Land Use Map Applicant Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY & RECOMMENDATION Justin E. Bennet of Phelan -Bennett Development, applicant, on behalf of Carrington F. Weems, owner seeks approval of a Zone Change from the General Commercial (GC) zoning district to the Planned Unit Development (PUD) zoning district. The subject property is located at the NE corner of S. 16t" St. and the W. M St. right of way (ROW) and is legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The 5.051 acre property is currently undeveloped. The applicant requests a zone change to PUD with a Special Conditional Use Permit (SCUP), allowing for construction of a single 109,000 square foot office/warehouse industrial building. If approved, the applicant will apply for a street/alley closure for the remaining city ROW (15t" St. and 2 alleys). The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The City Council heard the item at their May 13, 2019 meeting where a motion to deny the item was upheld by a vote of 5-4. This request is in conjunction with a request for a Special Conditional Use Permit (SCUP) to allow for the construction of a 109,000 square foot industrial facility. The applicant failed to gain approval of the previous SCUP request and has since resubmitted with minor changes. These changes would limit the building size to no greater than 109,000 square feet and limit the total number of bay doors to 9. Staff mailed public notice to all property owners located within 200 feet of the subject property and received one (1) comment sheet in opposition of the proposed request. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed Zone Change. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for zone change request #19-92000002, for a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3751 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 5.051 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF S. 16TH ST. AND THE W. M STREET R.O.W. AND LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) TO PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT RELATED 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, TEXAS: Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: a 5.051 acre tract of land located at the NE corner of S. 161h St. and the W. M Street R.O.W. and legally described as Lots 1- 32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, Harris County, Texas, from General Commercial (GC) to Planned Unit Development (PUD). 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. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is 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 Chapter 551, TX. Gov't 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 26m day of AUGUST, 2019. in ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor City of La Porte Planning and Development Department IlEistala11s1hed 11892 "" a -ss I11iiVans I Xirrctoir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #19-92000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the June 20, 2019 meeting on a zone change request by Justin Bennet of Phelan -Bennett Development, applicant; on behalf of Carrington F. Weems, owner; for a zone change of property legally described Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, from General Commercial (GC) to Planned Unite Development (PUD). The site is a 5.051 acre tract of land located at the NE corner of S. 16t" St. and the W. M St. ROW. The Commission voted 4-3 to recommend approval of the proposed zone change. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov s� i z(15 a� Q O d U N U) 0 f2� a� 4- N N U I z(15 a� Q O d U N U) 0 IMIZINSMEEN u a� 4— N N I I U Address where zone change is being requested: 0 North 16th Street, La Porte, Texas 77571 Legal description where zone change is being requested: LTS 1 TFIRU 32 Block 11,144 LTS 17 THRU 32 & TRS 1 THRU 16 IBLK 1143 LA PORTE HCAD Parcel Number where zone change is being requested: 0242030430001 Zoning District: General Commercial Lot area. 177,855 Square -Feet A request for opprovol of a zone change is hereby made to the City of to Porte. Description of Request:! Rezone to Planned Unit Development to re -plat and develop into one single lot for a new building. Attached hereto is a Project Description Letter describing the project and outlining the reasons why such SCUP should be approved. Name: F. Carrington Weems, l I Company (if applicable): Address 1603 May Street City: Houston Phone: (713) 416-1562 Name: Justin E. Bennett State: Texas Zip:.770119 Company (if appficable):! Phelan, -Bennett, LLC Address: 5301 Polk Street, Building 25 City, Houston State: Texas Zip: 770,23 Phone: 713-502-2704 Email: jbennett@phelandevco.com OWNER(S) & AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and corr,ect and the appkd,tion is complete to the best of my knowledge and belief. Agent's Signature: Own er(s)'Signature (s): Y IV STAFF USE ONLY.- Case Number: Date: 5/15/2019 E"' I IN 531W Polk StreeL, B_lEkJng 5D A Hrxislon, f X 77023 P�-H...LAON BEI\NETT P13) F02 270/1 .... . ..... COM MEMIMIM The City of La Porte Attention: City Mayor/Ci!ty Council 604 West Fairmont Parkway La Porte, Texas 77571 Re,: South 16 1h Street Development Zoning Change/Special Conditional Use Permit M_ "UT1 =_ Since my last presentation to La Porte City Council with respect to the above -reference project requests, I have made several building design changes to address concerns expressedby Council Members. Please refer to Exhibit A. which depicts the revisions to the building site plan and!, elevations. As I previously presented, I bel�ieve it is noteworthy to explaiin the intended future use of the proposed facility. As designed, my industrial building is single -side loaded, and it can accommodate one to two users ranging from 30,000 square -feet up to 108,000 square -feet. Given; the smaller size of the building combined with the fact that it cannot provide a cross - dock loading configuration (i.e. in -bound loading on one side and out -bound load'i�ng on the opposite; side) nor can the building offer trailer storage on site, this will discourage; a heavy truck operation to locate at this project. The facility also has only one point of access along South 16th Street, which would deter a warehousing group that required multiple points of access for a significant number of truck trips per day. Moreover, with the additional design limitations that I have placed on the facility, specifically a red;uced number of dock doors anit' reduced dock maneuvering space, this industrial bu,ilding will be less attractive to a high - trucking warehouse use. The following design changes have been made to the building - The number of dock doors has been reduced by 50% to 7 dock doors. The length of the dock maneuvering area has been reduced from 125 Feet to 102 Feet. Passenger vehicle parking has been added along the South property line. The dock maneuvering area has been further set back from South 16 1h Street. Attached as Exhibit B is a design manual: developed by NAlOP, a leading national commercial real estate association and HPA, Inc., one of the nation's largest industrial architects. This man:ual designates m�inimum design features for "warehouse" design. As depicted on Exhibit B the minimum truck turning radius for standard semi -trucks designates the, minimum maneuvering distance for a single truck, which is 111 Feet and the minimum maneuvering distance for multiple trucks, which is 131 Feet. The manual further states that a 131-foot to 130-foot maneuvering yard is the most functional for users. Therefore, by reducing the dock maneuvering area to 102 feet in my proposed industrial building, this site feature will discourage a high trucking operation due to this operational inefficiency relative to semi -truck loading/u,n loading and circulation. I respectfully request your favorable consideration of my Zoning Change and Special Conditional Permit Use Requests. I look forward to our visit on July 22, 2019, and please contact me if you have any questions regarding this matter. Very Truly Yours, �Astin, E. Bennett cc: F. Carrington Weems m E z LU U CL 0 > a) W W a) c E z E < o i U -j CL PAINT I . LIGHT FIELD PAINT 1111W .1.11111- IA.E PAINT GLAZING PRELMNARY ELEVATIONS SCHEME10 26 June 2019 PHELAN -BEN N ETT .4�q Ll000 L U44 uj RQ co < o V3 o LD LZ U� & M AL AL A ALa Ao AL M M M A, a M A & AL a A a a A a A At, AL AL AL AL, aL i a omis qjqj qlnoS S� A M TELEPHONE INVESTMENTS, INC, 19 PECAN GORGE COURT SUGAR LAND, TEXAS77479 June 27, 2019 City of La Porte City Mayor Members of City Council 604 West Fairmont Parkway La Porte, Texas 77571 Re: Phelan -Bennett Development= Proposed South 16L Street Project Zoning Change and Special Conditional Use Permit Request Dear Mr. Mayor and Members of City Council: Telephone Investments, Inc. owns that certain 2.29 acres of undeveloped land along South 131M Street and M Street in La Porte, Texas. My partners and I understand that our immediate neighbor to the West has requested City Council's approval with respect to a zoning change (Commercial to Planned Unit Development) and a Special Conditional Use Permit for the development of a 108,000 square -foot industrial/distribution type facility. I have met with Justin, Bennett of Phelan -Bennett Development who is the applicant regarding the above -referenced requests, Mr. Bennett provided my partners and me a detailed overview Of his proposed project. We understand the design, function and speculative nature of his project, and we approve of this use of the neighboring land and his related industrial improvements. This letter shall serve as our full support of Mr. Bennett's project, and we believe his intended zone change to Planned Unit Development and related Special Conditional Use Permit request is consistent with a land use/improvement adjacent to a high frequency truck court within the vicinity of an established industrial park. As adjacent neighbors to Mr. Bennett's proposed project, we respectfully request City Council's approval of the same, ly Niza'rlwOesia , Teleph4he Investments, Inc. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Ian Clowes, City Planner Department: Planning & Development Report ir Resolution 4' Ordinance Exhibits: Ordinance No. 2019-3752 Proposed SCUP P&Z Recommendation Letter Aerial Map Zoning Map Applicant Information Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes ir' No SUMMARY & RECOMMENDATION Applicant, Justin Bennet of Phelan -Bennett Development; on behalf of Carrington F. Weems, owner, is seeking approval of a Special Conditional Use Permit (SCUP) to allow for an office/warehouse facility in the PUD zoning district; on approximately 5.051 acres of land, legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts 1-16, Block 1143, La Porte Subdivision. The subject site is located at the NE Corner of S. 16th St. and W. M St. The property is currently undeveloped. The owner of the property is in the process of changing the zoning from GC to PUD. The proposed SCUP, will allow them to construct a spec office/warehouse facility. Preliminary layouts for the project show a 109,000 square foot building fronting onto S. 161h St. with the truck docks to the south. The truck bays will be screened from view of S. 161h and SH 146 by architectural elements on the proposed building. The requested item was previously heard by the Planning and Zoning Commission on March 21, 2019 where it was recommended for approval on a 9-0 vote. The item was not heard by the City Council due to the failure of the requested zone change, making the SCUP unnecessary. Staff did not receive any returned comment sheets for the proposed SCUP. The Planning and Zoning Commission, at their June 20, 2019 regular meeting, voted 4-3 to recommend approval of the proposed SCUP, as presented with three (3) additional conditions highlighted in red. Below is a list of all proposed conditions. 1. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106-310, Table A "Commercial and Industrial Uses" of the City of La Porte Code of Ordinances) as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. " s II Iu.,�u�ulL..,.ir . I III Ilnu,��hn .,i.. �s.� .�IlnaIIII IL..e to no uiu. re i.Laun 7 for a i. i.aII unu.,�uiulL..,.ir of arge 3auITage t11pe doors not t exceed . (IlNs lis a uIT�?ductli n fronn the iJgi ina1 in:?q sect IINch Droposed 14. 11 IIn1i311n doors and 2 3auITage doors for a i ia11 of ` 6) y. I t 11 ;n a. are footage of the Il:x,Jll6n3 footpiJni sha11 not exceed 109,000 ;n a.saru :? feet 4 A1 surfaces on salte intended for IDaii 11,Jn3, di1ve alslesl or outsde storage amass be ��Daved Wth n,^Iiillner apllnak or n rIT:?b� 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored "off chassis" overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A "Industrial Area Requirements", of the City of La Porte Code of Ordinances, as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. 8. The front of the building will face 16th Street. 9. The truck docks will be designed such that they are screened from view from 16th Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided Any substantive modifications to this Special Conditional Use Permit will require an amendment to this SCUP in accordance with Chapter 106, "Zoning" of the City's Code of Ordinances. ACTION REQUIRED BY COUNCIL 1. Conduct public hearing. 2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #19-91000003 Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-3752 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 19-91000003, TO ALLOW FOR AN INDUSTRIAL OFFICE/WAREHOUSE USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 5.051 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 1-32, BLOCK 1143, LA PORTE SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED 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, TEXAS Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit 419-91000003 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for an Industrial Office/Warehouse use on a 5.051 acre tract of land located at the NE corner of S. 161h St. and the W. M Street R.O.W. and legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision, LaPorte, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district. 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. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. 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 is 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 Chapter 551, TX. Gov't 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 5 The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the 26th day of AUGUST, 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark Askins, Assistant City Attorney This permit is issued to For Development of Legal Description: Zoning: Use: Permit Conditions: 1W14:11011111011 City of La Porte Special Conditional Use Permit #19-91000003 Justin E. Bennet of Phelan -Bennet Development Owner or Agent 5301 Polk St., Bldg. 25, Houston, TX 77023 Address Spec Office/Warehouse Development Name 0 S. 16t" Street, La Porte. TX WAD 0242030430001) Address Lots 1-32 of Block 1144 (including the 15' alley), Lots 1-32 of Block 1143 (including the 15' alley) and the 151" Street ROW from West L Street to West M Street PUD, Planned Unit Development Industrial Office/Warehouse This Special Conditional Use Permit (SCUP) 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. All uses permitted in the City of La Porte Zoning Ordinance Use Chart under BI and LI (Sec. 106-310, Table A "Commercial and Industrial Uses" of the City of La Porte Code of Ordinances) as may be amended from time to time, are permitted with the exception of any uses required to be located adjacent to a high frequency truck route. 2. Number of "dock high doors" shall be limited to no more than 7 for a total number of large garage type doors not to exceed 9. 3. Total square footage of the building footprint shall not exceed 109,000 square feet. 4. All surfaces on site intended for parking, drive aisles, or outside storage must be paved with either asphalt or concrete. 5. The following uses/activities shall NOT be permitted on the property: a. Shipping/tank containers, equipment or raw materials stored "off chassis" overnight anywhere on the property b. Stacking of shipping/tank containers anywhere on the property. c. Uses required to be located adjacent to a high frequency truck route. 6. The requirements for development will be in accordance with Sec 106-522, Table A "Industrial Area Requirements", of the City of La Porte Code of Ordinances, as may be amended from time to time. 7. The building facade of the building erected on the property will meet the Tier 2 design guideline requirements for the BI zoning district. 8. The front of the building will face 16t" Street. 9. The truck docks will be designed such that they are screened from view from 161" Street. 10. The development will meet all guidelines and permitting requirements of the Code of Ordinances of the City of La Porte in effect as of the date of permitting, including all set back requirements. 11. Screening will be provided along the northern and eastern property line and will meet the requirements of Sec. 106-444 of the City of La Porte Code of Ordinances. 12. All driving surfaces will be dust free in accordance with City of La Porte Code of Ordinances. 13. On site detention will be provided. Failure to start construction of the site 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 and Development City Secretary City of La Porte Planning and Development Department IlEistala11s1hed 11892 —ss III'ivai�s I )III-r-.toir June 21, 2019 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #19-91000003 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on June 20, 2019 to hear a Special Conditional Use Permit request by, Justin Bennet of Phelan -Bennett Development, applicant; on behalf of Carrington F. Weems, owner; for a Special Conditional Use Permit to allow for an industrial office/warehouse use. The subject site is located at the NE corner of S. 16t" St. and the W. M St. ROW, and is legally described as Lots 1-32, Block 1144 and Lots 1-32, Block 1143, La Porte Subdivision. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the PUD zoning district. The Commission voted 4-3 to recommend approval of the proposed SCUP with a number of additional conditions. These conditions have been added to the final SCUP document. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov I z(15 a� CL O U N U) 0 u a� 4— N N U Planning and Development Department 604 West Fairmont Parkway La Porte, Texas 77571 281-470-5057 OVERVIEW Approval of a Special Conditional Use Permit (SCUP) is required under the following circumstances: I. To consider approval of certain uses identified as "Conditional Uses" in the city's Commercial and Industrial Use table (Section 106-310 of City of La Porte Code of Ordinances) and Residential Use table (Section 106- 3,31). 2. When developing property in a Planned Unit Development (PUD) zone district, consideration of a SCUP is required in accordance with Section 106-659, of the Code of Ordinances. SCUP requests are reviewed by the Planning and Zoning Commission as a public hearing. The Commission consists of residents of the community appointed by City Council. The Commission meets on the third Thursday of every month, as necessary. The Commission will forward a: recommendation to the City Council for final consideration. SUBMITTAL REQUIREMENTS The following application package must be submitted to the Planning and Development Department at least three (3) weeks prior to the desired hearing date, r= IV( I Completed: application form. Application fee of $400; nonrefundable. Site plan, conceptual site plan or general plan, drawn to scale and dimensioned to Show the location of proposed improvements for the development, Project description/justification letter that thoroughly explains what is being requested and why such SCUP should be approved by the Planning and Zoning Commission and City Council, Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the property for at least 10 days prior to the Planning and Zoning Commission meeting date. Such sign will be provided by the Planning and Development Department. PROCESS Upon receipt of a complete application package by the Planning and Development Department, the SCUP request will be scheduled for the next available Planning and Zoning Commission meeting date as a public hearing. The Planning and Development Department will provide the applicant with a Notice of Public Hearing sign that must be posted on the property where the SCUP is being requested. The sign must be posted on the property visible and within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing. The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at City Hall in conformance with legal requirements. Additionally, the city will send notice of the public hearing to all property owners within 200 feet of the subject property where the SCUP is being requested. a Special Conditional Use Per Application; Planning and Development Department The Planning and Zoning Commission public hearing will be held in: the City Council Chamber at City Hall (604 W. Fairmont Parkway). At the meeting, the Planning and Zoning Commission will conduct a public hearing and provide a recommendation to the City Council on the proposed SCUP. if additional information is requested by the Commission, the public hearing may be continued to a future meeting date. The Commission and City Council may impose special conditions on an SCUP in an attempt to ensure compatibility of the proposed development with surrounding properties and the commuinity as a whole. The Commission is tasked to review the proposed SCUP and offer a recommendation to the City Council for approval, denial, or approval with conditions. Y Following the Commission's public hearing, their recommendation on the proposed SCUP is then forwarded to City Council for consideration. For the City Council public hearing, the Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and post notice at City Hall in conformance with legal requirements. The City Council public hearing will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway). At the meeting, the City Council will conduct a, public hearing and render a decision on the proposed SCUP. However, if additional information is requested by the City Council, the puibli;c hearing may be continued to a future meeting date. )ii The following is an excerpt from the City of La Porte's Code of Ordinances pertaining to SCUP requests. CODE REQUIREMENTS Conditional Use Permits Sec. 106-216. - General conditions for all conditional uses in: all zoning districts. (a) A special conditional use permit may be granted by the city council for the construction of a building andi/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. (b) Upon application for a, special conditional use permit and submission of a general plan, major development site plan, minor development site plan, or preliminary plat (as the case may be), the city planning and zoning commission shall conduct a public hearing, duly advertised and with proper notice being given to all parties affected, as provided jn,�cgj,)n 10(,-171 (Amendment procedures). The general site plan, major development site plain, minor development site plan, or preliminary plat shall be drawn to scale and shah show the arrangement of the project in detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information, together with the information required by the development ordinance of the city. W After public hearing and upon recommendation of the city planning and zoning commission, the city council may modify the final planned unit development plan and issue a special conditional use permit containing Such requirements and safeguards as are necessary to protect adjoining property. (d) Failure to begin construction within one year 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 zoninp, commission!. E"' I IN 531W Polk StreeL, B_lEkJng 5D A Hrxislon, f X 77023 P�-H...LAON BEI\NETT P13) F02 270/1 .... . ..... COM MEMIMIM The City of La Porte Attention: City Mayor/Ci!ty Council 604 West Fairmont Parkway La Porte, Texas 77571 Re,: South 16 1h Street Development Zoning Change/Special Conditional Use Permit M_ "UT1 =_ Since my last presentation to La Porte City Council with respect to the above -reference project requests, I have made several building design changes to address concerns expressedby Council Members. Please refer to Exhibit A. which depicts the revisions to the building site plan and!, elevations. As I previously presented, I bel�ieve it is noteworthy to explaiin the intended future use of the proposed facility. As designed, my industrial building is single -side loaded, and it can accommodate one to two users ranging from 30,000 square -feet up to 108,000 square -feet. Given; the smaller size of the building combined with the fact that it cannot provide a cross - dock loading configuration (i.e. in -bound loading on one side and out -bound load'i�ng on the opposite; side) nor can the building offer trailer storage on site, this will discourage; a heavy truck operation to locate at this project. The facility also has only one point of access along South 16th Street, which would deter a warehousing group that required multiple points of access for a significant number of truck trips per day. Moreover, with the additional design limitations that I have placed on the facility, specifically a red;uced number of dock doors anit' reduced dock maneuvering space, this industrial bu,ilding will be less attractive to a high - trucking warehouse use. The following design changes have been made to the building - The number of dock doors has been reduced by 50% to 7 dock doors. The length of the dock maneuvering area has been reduced from 125 Feet to 102 Feet. Passenger vehicle parking has been added along the South property line. The dock maneuvering area has been further set back from South 16 1h Street. Attached as Exhibit B is a design manual: developed by NAlOP, a leading national commercial real estate association and HPA, Inc., one of the nation's largest industrial architects. This man:ual designates m�inimum design features for "warehouse" design. As depicted on Exhibit B the minimum truck turning radius for standard semi -trucks designates the, minimum maneuvering distance for a single truck, which is 111 Feet and the minimum maneuvering distance for multiple trucks, which is 131 Feet. The manual further states that a 131-foot to 130-foot maneuvering yard is the most functional for users. Therefore, by reducing the dock maneuvering area to 102 feet in my proposed industrial building, this site feature will discourage a high trucking operation due to this operational inefficiency relative to semi -truck loading/u,n loading and circulation. I respectfully request your favorable consideration of my Zoning Change and Special Conditional Permit Use Requests. I look forward to our visit on July 22, 2019, and please contact me if you have any questions regarding this matter. Very Truly Yours, �Astin, E. Bennett cc: F. Carrington Weems W. � 2 ' cu �1 q Q � E / G 0 a O Q � S t �z \ k 7 'a m -j Uo -i E r9 Ili Ir I,I I I r� 17 r� I J Ir:: III II ,t Ill W r W o CN N LL.� N L � WM m 11I Ir l 'i 1I ,t III I.. ZU Q UA 00 W d i r 7 I r i :I 7 it r 7 li r r�l N 1 O- 7 LU Q -- ---. ---- -- -. - -- --- -.. W a T O ---� W w 0 Q Z177, - -�I-, z 00 II I I III I I o � I . FD co co aU � I ZOO I Q I W I I �� I I I II �QO I IL - p. Wu), �w— I IIWUIII I - - � - I � Q I I I I I II II I LO „0 „0�09 „06S „0-109Z I I � „0-,Z06 � N �— I� I � W W U U .N II > O a z o co ¢ OM LID cn Q W c �1 / of W W }� J V' o C1 lo N �� FED I I ..III I I I I I I II � N II II II I I I I t o I I I I I I N N I I I I I I I I I - ❑a❑ - 10 I I I I I � LO I I I I I I I I N (unoN monNi AON3n03NA H_01H) 1 133211S 439E H1f10S o 17" wul S ilig i qj noS \ \ \ \ \� \ 31 45 \ � } \ q \\} }\\� m .4�q Ll000 L U44 uj RQ co < o V3 o LD LZ U� & M AL AL A ALa Ao AL M M M A, a M A & AL a A a a A a A At, AL AL AL AL, aL i REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Corby Alexander, City Manager Department: Administration/CMO Report ir Resolution 4' Ordinance Exhibits: Ordinance Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' No SUMMARY CenterPoint Energy is coming forward to renew their gas franchise ordinance. This will be the second reading and final approval. The first reading was on June 24th (30 days minimum between readings, per the City Charter, Sec. 7.01). At the first reading staff brought forward to City Council for an increase in the gas franchise fee amount from 3% to 4.5% with the City maintaining original jurisdiction. During the first reading the La Porte City Council instructed staff to bring forward an ordinance without a rate increase. When staff brought the revision to the original request forward to CenterPoint they agreed without objection. The attached gas franchise fee ordinance allows CenterPoint Energy to use City right-of-way to deliver natural gas to its customers. In exchange for having this right granted, CenterPoint Energy pays the City 3.0% of its gross receipts for gas sold in La Porte and 7¢ per Mcf for natural gas transported by CenterPoint for its Transport Customers quarterly. The City of La Porte will continue to maintain original jurisdiction during the period of this agreement. City Charter 7.01. - Enfranchisement. a. Powerof council. City council shall have powerby ordinance to grant, amend, renewand extend all franchises of all public utilities of every character operating within the city. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. RECOMMENDED MOTION Consider and discuss approval or other action, then provide a second reading on a new ten year gas franchise ordinance with CenterPoint Energy. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date CITY OF LA PORTE, TEXAS ORDINANCE NO. AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF LA PORTE, TEXAS FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. GRANT OF AUTHORITY. Subject to the terms, conditions and provisions of this ordinance, the right, privilege and franchise is hereby granted to CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Texas Gas Operations, hereinafter called "Company", to construct, install, extend, remove, replace, abandon, operate and maintain its facilities within the Public Rights -of -Way of the City of La Porte, Texas for the transportation, delivery, sale and distribution of natural gas within the corporate limits of the City of La Porte, Texas as the same are now and as the same may from time to time be extended. Section 2. DEFINITIONS. A. "City" shall mean the City of La Porte, Texas. B. "City Group" shall have the meaning set forth in Section 13 of this Franchise Ordinance. C. "Company" shall mean CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Texas Gas Operations, a Delaware Corporation, and shall not mean any of its affiliates and subsidiaries who shall have no right, privilege or franchise granted hereunder. D. "Facilities" shall mean pipes, pipelines, natural gas mains, laterals, feeders, regulators, meters, fixtures, connections and attachments and other instrumentalities and appurtenances, used in or incident to providing transportation, distribution, supply and sales of natural gas for heating, lighting, power and any other purposes for which natural gas may now or hereafter be used. E. "Public Rights -of -Way" shall mean the areas in, under, upon, over, across, and along any and all of the present and future Streets (as defined herein) or streams now or hereafter owned or controlled by City. F. "Street" shall mean the surface and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way. G. "Transport Customer" shall have the meaning set forth in Section 8 of this Franchise Ordinance. Section 3. TERM OF FRANCHISE. This Franchise shall become effective on the Effective Date described in Section 21 of this Franchise Ordinance and shall be in full force and effect for a term of ten (10) years. Section 4. CONSTRUCTION AND MAINTENANCE OF NATURAL GAS DISTRIBUTION SYSTEM. All Facilities installed by Company shall be of sound material and good quality, and shall be laid so that they will not interfere with the artificial drainage of the City or its underground fixtures, or with navigation in or the natural drainage of any stream. All Facilities shall be installed in accordance with applicable Federal and State regulations and in the absence of such regulations in accordance with accepted industry practice. Within the Public Rights -of -Way, the location and route of the Facilities by the Company shall be subject to the reasonable and proper regulation, direction and control of the City or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent provided in Section 14 of this Franchise Ordinance, the relocation of Company's Facilities at Company's cost within the Public Rights -of -Way of the City whenever such relocation shall be reasonably necessary to accommodate the widening, change of grade, or relocation by City of Streets or Public Rights -of -Way, or construction or relocation by City of City utility lines or drainage facilities. Company shall keep current and up- to-date maps showing the physical location of Company's facilities and make such maps available for inspection by the City at no cost during normal working hours. Section 5. STREETS TO BE RESTORED TO GOOD CONDITION. Company and its contractors shall give City reasonable notice, via electronic mail, of the dates, location, and nature of all work to be performed on its Facilities within the Public Rights -of -Way. Following completion of work in the Public Rights -of -Way, Company shall repair the affected Public Rights -of -Way as soon as possible, but in all cases Company shall comply with all City ordinances (including but not limited to Chapter 62, Article IV "Management of Public Rights -of -Way of the City of La Porte Code of Ordinances) governing time periods and standards relating to excavating in the Public Rights -of -Way. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Section 6. PERMITS. Company and its contractors shall obtain a permit prior to its commencement of any planned engineering work, including replacements, extensions and public relocations, within the Public Rights -of -Way, except as otherwise provided below. No permit shall be required for Routine Maintenance in the Public Rights -of -Way, but the Company must provide email notification to the City at least one day prior to the Company's commencement of such work. Company shall be exempt from any existing or future professional engineering stamp or certification requirement of the City. No permit shall be required to promptly initiate emergency repairs and repairs pursuant to the rules and regulations of the Railroad Commission of Texas. All work shall be preceded by an 811 call and be subject to the Texas One -Call Statute (Texas Utilities Code, Chapter 251, and any successor statutes). Company shall give the City telephone notice of the initiation of emergency repairs involving breaks in the paved surface of the Public Rights -of -Way, including sidewalks and curbs, as soon as practicable under the circumstances and shall submit a permit promptly following completion of the work. Company and contractors performing work for the Company shall not be required to obtain any permits for relocations of Facilities requested by the City, provided that the relocated facilities are placed in the location designated by the City and relocation is otherwise in accordance with the City's request to relocate. This Franchise shall constitute a permit to park vehicles in the Streets and other Public Rights -of -Way when necessary for the installation, replacement, abandonment, operation or maintenance of Company's Facilities. Company and contractors performing work for Company shall not be required to pay any fee in addition to the franchise fee in order to obtain a permit to perform work on Company's Facilities, or park within the Streets and other Public Rights -of -Way. City shall not be required to pay any fee in order to obtain a letter of consent from the Company regarding the City's abandonment of Public Rights -of -Way. However, any third parry associated with the City's abandonment shall pay all costs related to the abandonment process. Section 7. QUALITY OF SERVICE. The service furnished hereunder to the City and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas (Texas Administrative Code, Title 16, Part 1, Chapter 7), state and federal regulations. Company shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events the Company shall do all things reasonably within its power to restore normal service as quickly as practicable. Section 8. PAYMENT TO THE CITY. In consideration of the rights and privileges herein granted, the administration of the Franchise by the City, the temporary interference with the use of Public Rights -of -Way and cost and obligations undertaken by the City in relation thereto and in lieu of any license, charge, fee, street or alley rental or other character of charge for use and occupancy of the Streets, alleys, and public places of the City, and in lieu of any inspection fee, the Company agrees to pay to the City franchise fees in the amount and manner described herein as follows: Company agrees to pay to the City quarterly during the continuance of this Franchise a sum of money equal to three percent (3.00%) of the Company's gross receipts for the preceding calendar quarter received by the Company from the sale of gas within the corporate limits of the City plus seven cents (70) per Mcf for natural gas transported by Company for its Transport Customers during such quarter, without offset or exclusion of any amounts received by Company for receipts associated with Miscellaneous Service Charges, as defined and set forth in the Company's tariff. "Transport Customer" means any person or entity for whom Company transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May, August, November, and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided, however, the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. If the ten (10) year term of this Franchise provided for in Section 3 above ends on any day other than the last day of a calendar quarter, then the last payment shall be prorated as necessary. In no event shall the Company be required to remit to the City franchise fee amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money, the City Secretary shall deliver to the Company a receipt for such amount. If any payment due date required herein falls on a weekend or bank holiday, payment shall be made on or before the close of business of the first working day after the payment due date. Section 9. ANNEXATIONS BY CITY. This Franchise shall extend to and include any and all territory that is annexed by the City during the term of this Franchise. Within sixty (60) days from the receipt of notice from the City of any such annexation, the Company shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City of La Porte, Texas. After such sixty (60) day period the payment provisions specified in Section 7 of this Franchise Ordinance shall apply to gross receipts and transport fees received by the Company from customers located within such annexed territory. Company shall true -up its map of City boundaries to the City's map on an annual basis. Section 10. NON-EXCLUSIVE FRANCHISE. Nothing contained in this Franchise shall ever be construed as conferring upon the Company any exclusive rights or privileges of any nature whatsoever. Section 11. COMPLIANCE AND REMEDIES. (a) In the event the Company by act or omission violates any material term, condition or provision of this Franchise, the City shall notify the Company in writing of such violation. Should the Company fail or refuse to correct any such violation within thirty (30) days from the date of City's notice, the City shall, upon written notification to the Company, have the right to terminate this agreement. Any such termination and cancellation shall be by ordinance adopted by City Council; provided, however, before any such ordinance is adopted, the Company must be given at least sixty (60) days' advance written notice. Such notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise the Company that it will be provided an opportunity to be heard by City Council regarding such proposed action before any such action is taken and shall set forth the time, date and place of the hearing. (b) Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to the City required by this Franchise, the Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reasons beyond its control. (c) The rights and remedies of City and Company set forth herein shall be in addition to, and not in limitation of, any other rights and remedies provided at law or in equity and City's exercise of any particular remedy shall not constitute a waiver of its rights to exercise any other remedy. Section 12. RESERVE OF POWERS. Except as otherwise provided in this Franchise, the City by the granting of this Franchise does not surrender or to any extent lose, waive, impair or lessen the lawful powers, claims and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter and Ordinances of the City of La Porte or other applicable law, to regulate public utilities within the City and to regulate the use of the Streets by the Company; and the Company by its acceptance of this Franchise agrees that, except as otherwise provided in this Franchise, all lawful powers and rights, whether regulatory or otherwise, as are or as may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Section 13. INDEMNITY. THE COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS "CITY GROUP") HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE COMPANY'S NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF THE COMPANY OR THE CONTRACTORS, AGENTS OR EMPLOYEES OF THE COMPANY OR ITS SUCCESSORS AND ASSIGNS, AND SHALL REFUND TO CITY GROUP ALL SUMS WHICH CITY GROUP MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED OR BY THE ABUSE THEREOF, AND THE COMPANY OR ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD CITY GROUP HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY, A PERSON, PERSONS, COMPANY OR COMPANIES AT ANY TIME HEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF. Section 14. RELOCATION OF FACILITIES. The Company shall, upon written request of the City, relocate its Facilities within Public Rights -of -Way at Company's own expense, exclusive of Facilities installed for service directly to City, whenever such shall be reasonably necessary on account of the widening, change of grade, or relocation by City of Public Rights -of -Way, or construction or relocation by City of City utility lines or drainage facilities. City shall bear the costs of all relocations of Facilities installed for service directly to City and of any relocation of other Facilities requested by City for reasons other than the widening, change of grade, or relocation by City of Public Rights -of -Way, or construction or relocation by the City of City utility lines or drainage facilities. Section 15. GOVERNMENTAL FUNCTION. All of the regulations and activities required by this Franchise are hereby declared to be governmental functions and for the health, safety and welfare of the general public. Section 16. RECORDS AND REPORTS. (a) Books of Account. The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be kept at the company's principal office in Houston, Texas. (b) Access by City. The City may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than three (3) years before the commencement of such audit, inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry. Upon receipt of a written request from the City, all books and records related to Company's operations under this Franchise shall be made available for inspection and copying no later than thirty (30) days from receipt of such request. (c) Interest on Underpayments and Overpayments. (1) Amounts due to City for late payments shall include interest, compounded daily equal to the return on equity plus three percent (3%) granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. (2) If the City identifies, as a result of a franchise fee compliance review, amounts owed by the Company from prior periods or prior underpayments, then the Company shall pay simple interest on such amounts equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. Said interest shall be payable on such sums from the date the initial payment was due until it is paid and shall not be billed to customers. (3) Amounts due Company for past overpayments shall include simple interest equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City; provided, however, if there is a change in the approved return on equity during the time period subject to the City's audit or inquiry, then for each time period during which there was an overpayment, the approved return on equity in effect during such time period shall be used in calculating interest under this subparagraph (c). Interest payable on such sums shall be credited to customers. Section 17. EASEMENT. In consideration for the compensation set forth in Section 8 of this Franchise Ordinance, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right -of - Way that is being used by Company pursuant to this Franchise, City, to the maximum extent of its right to do so, shall first grant Company an easement for such use and the sale, conveyance, or surrender of possession of the Public Right -of -Way shall be subject to the right and continued use of Company. Section 18. ACCEPTANCE. The Company shall, within thirty (30) days following the final passage and approval of this Franchise, file with the City Secretary of the City of La Porte either 1) a written statement signed in its name and behalf in the following form or 2) this document duly executed below by the Vice President of Regional Operations: "To the Honorable Mayor: and City Council of the City of La Porte, Texas: CenterPoint Energy Resources Corp., D/B/A CenterPoint Energy Texas Gas Operations, its successors and assigns, hereby accepts the attached Franchise Ordinance and agrees to be bound by all of its terms and provisions." CENTERPOINT ENERGY RESOURCES CORP DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS in Talmage R. Centers Jr., Division Vice President, Regional Operations Dated this day of 2019. Section 19. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be unconstitutional, void, or invalid or for any reason unenforceable, the validity of the remaining portions of this Franchise shall not be affected thereby, it being the intent the City of La Porte, Texas in adopting this Franchise that no portion hereof or provision hereof shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and, to this end, all provisions of this ordinance are declared to be severable. Section 20. NOTICES. Every notice, order, petition, documents or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to: CenterPoint Energy Resources Corp. Vice President Regulatory Relations PO Box 4567 Houston, TX 77210-4567 With a copy to: General Counsel, Gas Division PO Box 2628 Houston, TX 77252-2628 Every such communication to the City or the City Council shall be sent to the: Mayor, City of LaPorte, Texas 604 W. Fairmont Pkwy. LaPorte, Texas 77571 With a Copy to: City Secretary 604 W. Fairmont Pkwy. LaPorte, Texas 77571 Section 21. PUBLICATION, PASSAGE AND EFFECTIVE DATE. This Franchise, having been published in the official newspaper of the City of La Porte, Texas once each week for four consecutive weeks after its final passage, shall take effect sixty days after final passage ("Effective Date"). The Company shall pay the cost of those publications. Section 22 COMPLIANCE WITH TEXAS OPEN MEETINGS LAW. 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 23. REPEAL. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 24. COMPLIANCE WITH CHARTER AND ORDINANCES. This Franchise, the rights granted hereby and the operations and activities performed by Company pursuant hereto shall be subject to applicable provisions of the Charter of the City of La Porte, Texas. Except to the extent otherwise expressly provided herein, the Franchise and rights granted hereby and the operations and activities performed by Company pursuant hereto, shall be subject to all valid ordinances and regulations of the City insofar as such ordinances and regulations (a) do not shorten the term hereof or terminate, abrogate, or materially and adversely affect the Franchise and right granted to Company hereby, (b) do not conflict with or are not inconsistent with the terms and provisions contained in this ordinance, (c) do not modify, preempt, or cause Company to violate the terms of a tariff approved by the Railroad Commission of Texas, Railroad Commission Rules, or the Gas Utility Regulatory Act, or (d) do not unreasonably regulate the Company's operations and activities in the City Right of Way. Section 25. APPROVAL. Read in full on its first reading at a regular meeting of the City Council of La Porte, Texas, on the 24th day of May 2019, and read in full and passed and adopted on its second reading at a regular meeting of the City Council of La Porte, Texas, on the day of 2019 and approved by the Mayor. APPROVED: MAYOR OF THE CITY OF LA PORTE, TEXAS ATTEST: CITY SECRETARY OF LA PORTE, TEXAS APPROVED AS TO FORM: CITY ATTORNEY OF LA PORTE, TEXAS THE STATE OF TEXAS § COUNTY OF HARRIS § I, the duly appointed, qualified and acting City Secretary of City of LaPorte, Texas, do hereby certify that the above and foregoing ordinance was read on first and second readings at regular meetings of the City Council of said City of La Porte, Texas, held on the 24th day of May, 2019 and on the day of 2019; that written notice of the date, place and subject of said meetings were posted on a bulletin board located at a place convenient to the public in the City Hall, as well as on the City of La Porte, Texas' website, for at least 72 hours preceding the day of said meetings; that Mayor Louis Rigby and six (6) Council members: 1. Steve Gillette 2. Brandon Lunsford 3. Jay Martin 4. Thomas Garza 5. Bill Bentley 6. Danny Earp were present at the meeting for the first reading of the above and foregoing ordinance and acted as the Council throughout; that the Mayor 1. 2. 3. 4. 5. 6. 7. 8. and Council members: were present at the meeting for the second reading of the above and foregoing ordinance and acted as the Council throughout; that the same has been signed and approved by the Mayor and is duly attested by the City Secretary; and that the same has been duly filed with the City Secretary and recorded by the City Secretary in full in the books for the purpose of recording the ordinances of the City of La Porte, Texas. EXECUTED under my hand and the official seal of the City of La Porte, Texas at said City, this day of , 2019. [SEAL] City Secretary City of LaPorte, Texas REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Lorenzo Wingate, City Engineer Department: Public Works Report ir Resolution 1�'°' Ordinance Exhibits: Conceptual designs and preliminary cost estimates Events and Activities Chart Appropriation Source of Funds: 015 Account Number: 015-7070-530-1100 Amount Budgeted: 015 $400,000 Amount Requested: N/A Budgeted Item: i; Yes ir' No SUMMARY & RECOMMENDATION The FY 2016-17 budget included an allocation from the La Porte Development Corporation of $400,000 for the design and construction of a covered open-air pavilion, restroom facility, storage facility, and parking at Five Points. The pavilion and facilities will serve the area during recurring events such as Movie in the Park, Main Street Trade Days, and other outdoor programming. The Director of Parks & Recreation has identified the following as potential programming for the Five Points area: • Shop La Porte — vendors at Five Points in conjunction with Main Street Trade Days during National Shop Small month (November) • Back to School Bash — movie, possible school supply handout (work with civic and non- profit organizations that already do this type of event), vendors, activities, etc. • Table Reservations — put picnic tables under the pavilion and do something similar to what is being done at Seabreeze Park, where residents can reserve tables (for a fee if applicable) for events • Programming — senior picnic, goat yoga, classes, etc. • If City Council decided to invest in a splash pad at this location, there could be a decrease in the opportunities for further programming based on splash pad usage. • Any added programming will require Parks & Recreation Department to budget additional funding for those added programs and staffing. • The attached exhibit shows current events and activities, as well as proposed events and activities at Five Points Plaza. Staff presented a proposal for design phase services at the March 26, 2018, City Council meeting, which the City Council denied and then directed staff to utilize the design -build procurement method to complete the project. At the May 13, 2019, City Council meeting, staff presented a proposal to complete the project using the design -build procurement method, which City Council rejected and directed staff to bring a new proposal for design. After conferring with staff regarding the project scope, Huitt-Zollars submitted a proposal in the amount of $28,740 to provide preliminary design phase services, including the provision of a proposed site plan, building floor plan, exterior 3D views, and a detailed probable construction cost estimate. Huitt-Zollars was authorized to proceed with preliminary design efforts on June 19, 2019. The proposed FY 2019-20 CIP Projects presented to City Council on July 8, 2019, included a proposed allocation of $350,000 to supplement the $400,000 allocated to the Five Points Plaza Project within the approved FY 206-17 budget. In the July 8, 2019, discussion of the proposed FY 2019-20 CIP Projects, the City Council directed staff to present Huitt-Zollars' conceptual plan(s) and associated opinion of probable costs to assist with determining funding allocations for the Five Points Plaza Project. ACTION REQUIRED BY COUNCIL Discuss options presented and provide staff direction on how to proceed with allocating additional funding for Five Points Plaza Improvements. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date T= N 0 z" O" CL z Q J W F— C/i z�w 00®®O \ ° J/zzzzJz zJZJ° /JJz 0 C __________________ ® 88, ---------- - ° ,z LU GG222000GGGGGG @e � 0 6 - 6,-- , . a « § _________________ - 2 �em,==s= u q q k k « « k § _ � § z ■ J « L k £ F— LU � � � � F— V w_ 0 � � w F— LU � � � 0 V E 19 riq O CL 06 m N a, CL N m C ON O .O N O .0 Lo 'j- O U U O N N O O (5 d d 0 0 r v Ln d O R � r N V V V V V V V V V V O r W d 3 N U 6 - o - - - M d N C c c c c J J J J J Jc1f) J z p a F � d � m ¢ t m o o co m LU oo co F - - j cn 19 0- A co m- 49 M LT s d� ocnc7.° `s N O U C7 m LT 2- in w w z a W�NM V Lnco�.0m0— � F o v o O N T r � d R N O F c T cA 0 O in N SEES - N O L .0 N CL cD CN �0 C W W W W J J J¢¢ J J J J J W W CL LO N co co co co W W co co W LO - O E U Z p a F � d � LU N LL W o L a co d E N (6 N - y _ - � L CO' 'o a u o ¢, z n o o � � a t C d m m .. _- ocn��.�_ �a.o_ _ L m - _ CL CL 0 O U C7 m o= in a¢ w U w 0 WN M V Lo V I W D) CD F 44 `Q I W H a Z W J a F— LU to C) MD W F- W /n/ I..L C) W , V ) /2 I..L 0 \ CL / ® 0 u E ƒ > e 5 on2 -a t 7 e u = / \ 0 / $ o u u ) \ k / > = ® \ / ± \ C \ ma u / o > 4 n $ n e O 7 e \ / f \ - / / 41 / 3 ° 4 / D § J \ C 2ILO ƒ 2 2 § / / u § / e / 2 $ _ -A " b ° ' - \ § 3 \ = = _ _ ._ — g f k 3 2 / 2 ƒ o E 5 2@® \ / / s o 2 3ƒ 7> 2% 2>/ ƒƒ 2 m> E / > / 4- f ° ° cu _ / G / / E - / §- / � m u ' u R > _ \ _ § / _ _ . a 2 g ± a f / c E � ® k $ ° = 2 2 \ / � \ 0 • - u _ Ln u G 7 _ J = M� Ln n n § oco > ma : 0 / 5 \ ole n e s o 2— _ g 0 M 2 f eon / J / u 0 coI e/ o 0 0 e 2 e £ K k f CU ƒ \ � > % e / / } $ au u— o n__ 7 a V) / « / \ 2 LL LL $ % ƒ \ 7 $ 41 a / � > v 0 cu m 2 3 _ am G \ ° ƒ f > k= 0 e » k > -0 LL 2 / # / \ f 2 cu / 3 u \ c \e �§ \/\ � y/ 3® / / / §\ CU � / -I-CU = ® f G 41 G b$ $ n E> 5 E t ƒ » on 7 % E ƒ £le 7 — ®� e > / 2 2 2 Q L / 4 I k a k J$ CL d 0 k o 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: R. Cramer, Econ. Dev. Coordinator Department: Administration/CMO Report 4" Resolution Ordinance Exhibits: Resolution, Enterprise Zone Application Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir No SUMMARY In May 2010, the City Council passed an ordinance electing to participate in the Texas Enterprise Zone Program. MRC Global (US) Inc. has approached the City asking for the City to designate their new project off of Highway 146 South as an enterprise project with the State. The Office of the Governor Economic Development and Tourism through the Economic Development Bank will consider MRC Global (US) as an enterprise project pursuant to a nomination and an application made by the City of La Porte. The Texas Enterprise Zone Program is a program which the State remits a portion of their sales and use tax collections back to a business in exchange for capital investment and job creation. The City pays or relinquishes nothing for a business to be a part of this program. MRC Global's capital investment will be $6 million and retained 435 jobs and create 65 new jobs for benefit. To be counted "for benefit" the job must average weekly wage which meets or exceeds the average county weekly wage in the county in which the qualified business site is located. Cities of our size get six nominations per biennium. As of September 1, 2019, the new State biennium will begin, refreshing the city's allotment of six nominations. This would leave us with five nominations to use by August 31, 2021. The City finds that MRC Global (US) meets the criteria for designation as an enterprise project since the business will be engaged in the active conduct of a trade or business at a qualified business site inside an enterprise zone and at least twenty-five percent (25%) of the business' new permanent jobs in the enterprise zone will be held by residents of any enterprise zone in this state, economically disadvantaged individuals, or veterans. There has been and will continue to be a high level of cooperation between public, private and neighborhood entities within the area. The designation of MRC Global (US) as an enterprise project will contribute significantly to the achievement of plans of the City for development and revitalization of the area. Additionally, MRC Global (US) meets the criteria for tax relief and shall pay sales tax when eligible and the City has adopted incentives MRC Global (US) could be eligible for and nominates MRC Global (US) for enterprise project status on the grounds it is located at a qualified business site inside an enterprise zone, will create a higher level of employment, economic activity and stability. RECOMMENDED MOTION Consider approval or other action regarding a resolution designating MRC Global (US) Inc. as an enterprise project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2019-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING MRC GLOBAL (US) INC. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM ("OOGEDT") THROUGH THE ECONOMIC DEVELOPMENT BANK ("BANK") FOR DESIGNATION AS AN ENTERPRISE PROJECT ("PROJECT") UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE ("ACT") WHEREAS, on the 101h day of May, 2010, the City of La Porte, Texas (City) passed and approved Ordinance No. 2010-3248 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance 2010- 3248; and WHEREAS, the Office of the Governor Economic Development and Tourism (OOGEDT), through the Economic Development Bank (Bank), will consider MRC Global (US) Inc. as an enterprise project pursuant to a nomination and an application made by the City; and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals and veterans; and WHEREAS, pursuant to Chapter 2303, Subchapter F, of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), MRC Global (US) Inc. has applied to the City for designation as an enterprise project; and WHEREAS, the City finds that MRC Global (US) Inc. meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F, of the Act on the following grounds: 1. MRC Global (US) Inc. is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site inside an enterprise zone, and at least twenty-five percent (25.0%) of the business' new permanent jobs in the enterprise zone will be held by residents of any enterprise zone in this state, economically disadvantaged individuals, or veterans; and 2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 3. The designation of MRC Global (US) Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. WHEREAS, the City finds that MRC Global (US) Inc. meets the criteria for tax relief and shall pay sales tax when eligible, and that the City has adopted incentives MRC Global (US) Inc. could be eligible for and nominates MRC Global (US) Inc. for enterprise project status on the grounds that it will be located at a qualified business site inside an enterprise zone, will create a higher level of employment, economic activity and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate MRC Global (US) Inc. as an enterprise project pursuant to the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted. BE IT FURTHER RESOLVED that MRC Global (US) Inc. is a "qualified business", as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Section 2303, Subchapter F, of the Act. BE IT FURTHER RESOLVED that the enterprise project designation shall take effect on the date of designation of the enterprise project by the OOGEDT through the Bank, and terminate five years from the date of designation. PASSED AND APPROVED this the day of )2019. ATTEST: Lee Woodward, City Secretary CITY OF LA PORTE Louis R. Rigby, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Texas Enterprise P rojm e Appli For Office Use Only: Date Received: ❑ Application Fee Submitted Project: Community: Received By: Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. City of La Porte ® Non-refundable Application Fee submitted, made payable to Office of the Governor in the amount of: ❑ $500 for a Half Enterprise Project ® $750 for an Enterprise Project ❑ $1,500 for a Double Jumbo Enterprise Project ❑ $2,250 for a Triple Jumbo Enterprise Project Copy Attached Public Hearing Held ❑ Government Posting (Tab z) ❑ Published in Newspaper of General Circulat ❑ Notice of Hearing to the Economic Develop ❑ Transcript or Minutes of all Public ❑ Interlocal Agreement (Tab 6),,,,iilllllll P1 ® Nominating Ordinance o der Date Passed ® Nominating Resolution Attache Date Passed Date ched (Tab 5) Ordinance/Order No. 2010-3248 5/10/2010 ble (Tab7) Resolution No. Enterprise Project (counts as one designation) Double Jumbo Enterprise Project (counts as two designations) Triple Jumbo Enterprise Project (counts as three designations) Number of Designations Allocated to this Jurisdiction per State Biennium (six or nine) 8/26/2019 Number of Designations Already Used this State Biennium Number of Designations Represented in this Application Number of Designations Applied for including Other Application(s) applied for during this Round Number of Project Designations Remaining for Governing Body if all Applications are Approved Not Applicable ® Yes —or- El Yes —or- El Yes 6 1 1 1 4 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 1 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application Nominating Jurisdiction Nominating Jurisdiction MRC Global (US) Inc. City of La Porte If Nominating Jurisdiction is a Municipality, skip to Primary Business Address of the Qualified Business Site Population of Nominating County at 2010 Census ❑ Population is Less than 1,000,000: The qualified business site IS NOT located in a municipality's ❑ Population is 1,000,000 or more: Is the qualified business site located in a municipality's If yes, which municipality? Primary Business Address of the Qualified Busi Street Address 1806 TX - City La Porte County where Qualified Business is Located Census Map: Official U.S. Census Map showing (location of qualified business site re mits or or ETJ ❑ It is Not ❑ Yes ❑ No Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 2 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. PROVIDE BACKUP DOCUMENTATION (choose one) ❑ Check here if located at a Qualified Business Site in a Distressed County* Poverty Level of the Distressed County at the 2010 Decennial Census Percent of Adult Population that Does Not Hold a High School Diploma or Equivalency 25 years and older at the 2010 Decennial Census Unemployment Rate for the Distressed County for the Most Recent Five Years Year: 20 Rate: Year: 20 Rate: Year: 20 u,. Rate: Year: 2 III Rate: Yea r:.,,,,,,uu1llllll120 llllll uu Rate: Backup Documentation Attached (Tab 9) --OR-- 2010 Census Tract 3437.00 Block Group: 5.❑ 6.❑ 7.❑ 8.❑ 9. ❑ ® Check here if located in a block group tha� nter zone Poverty Level of the 2010 Census k Gro 20% ore) Backup Documentation Attached — el (Tab 9) ❑ Check here if located in a k group th S an enterprise zone Poverty Level of the 201 sus Blo Group (less than 20%) Backup Documentation Attac 10 Poverty Data (Tab 9) List all additional census tract block groups that the qualified business site encompasses: ❑ Yes 24.86% ® Yes ❑ Yes *Note: Current updated listing of Distressed counties can be found at: htW://www.texaswideopenforbusiness.com/incentives-financing/tax/tez2hp under "Related Material" in the Texas Enterprise Zones Section and is helpful for obtaining much of the requested information in this section. Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 3 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. No Additional Addresses to be Included in Designation ❑ Provide the address of any additional location to be included in this designation and a detailed explanation how the activities that are performed at the additional location contribute to the project or activity at the qualified business site. List each additional address separately, with explanation following. Provide a map of the proximity of all locations including, the qualified business site behind this page. Location addresses and types of operations: 1) 1806 TX-146 S, La Porte, TX 77571 - Office 2) 1801 South 16th Street, La Porte, TX 77571 — Distribution Center 3) 1302 Wharton Weems Boulevard, La Porte, TX 77571 — Valve Modification Shop The three buildings operated by MRC Global in La Porte, Texas combine to Vthe company's Houston Operations Complex at La Porte. The addresses are listed with the same name in th ny locations listing with multiple mailing options and are commonly referred to as a single location as the oper t s of building are intertwined and more successful because individuals based at the complex work so closel °'ether. um. The 1806 TX-146 S Office building houses employees from sales representatives that work closely with individuals who building. This building is manned by a warehouse associ representatives, who support orders that are also mana representatives with desks in the office building may spe Weems Boulevard Valve Modification Shop or the alve a center. Valves that are stored in the distributi r are Valve and Engineering Center as part of th toma n prc & Engineering Center or Valve Modificati op technically in all three buildings. um ie " ve "ect of the company, including managers and work 801 South 16th Street Distribution Center ja ddtoadedicated group of project support ploy-n the office building. Technical sales h fof their time in either the 1302 Wharton eer Center that is held within the distribution nely shuttled to the Valve Modification shop, then to the The products that are packaged together in the Valve rt between employees whose workspaces are Investing solely in the Houston ation p La Porte instead of the previous three locations spread out around Houston, has allowed o further i eme many of our corporate strategies such as an increased focus on valves, automation, instrument and mea rement products, added quick -turn valve automation capabilities, expanded midstream automated v asse y capabilities, established central project -focused group and many more related strategies. Housing all of our -based operations employees together in one building results in additional efficiencies and productivity thanks to a anced collaboration by the various groups. Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 4 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Briefly describe efforts by the governing jurisdiction during the last year to encourage participation by residents, neighborhood groups, and other businesses in the area. Identify governing jurisdiction's efforts to revitalize the area. TBD Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 5 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Briefly describe the type of business activity that has occurred during the last two years to revitalize the area. Estimate and describe the privately -sponsored investment or in -kind services used to improve the area or create jobs. TBD Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 6 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Exact Legal Name Under Which the Business is Seeking Designation MRC Global (US) Inc. Federal Tax ID Number 20-4295602 Comptroller of Public Accounts Number 3-20-4295602-2 ® Attach Certificate of Corporate Resolution authorizing the Enterprise Project Application (Tab 10) Does the Qualified Business have a State Sales and Use Tax liability? Is business current on tax payments with the State of Texas? If not current on tax payments to the State, explain Not applicable. Does the company currently have facilities in Texas? Does the company have the authority to do business in Texas? 1►R�Mcr- ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No Check Applicable Documents indicating authority to do business in Texas from the Texas Secretary of State and attach a copy (Tab 11) ❑ Articles of Incorporation ® Certificate of Existence or Status ❑ Assumed Name Certificate ❑ Other ❑ Certificate of Formation Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 7 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. What is the structure of the company? ® Privately Held Corporation ❑ ❑ Publicly Held Corporation ❑ ❑ Limited Liability Corporation (LLC) ❑ ❑ Sole Proprietorship Is the Qualified Business a Franchise? Is the Qualified Business a Subsidiary? List any person or (Attach additional Number of Years Number of Emplo, Parent Company Years Parent Com Location of Par( Will any other ent Partnership Limited Partnership (LP) Other If yes, provide an Organization Chart of the Business Structure behind this page ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ❑ It is Attached Also, if yes, list each participating entity below and complete an Additional Participating Entities form (page 9 of this application) for each entity in the business controlled group participating in the project or activity Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 8 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Not Applicable Complete the following information, including a contact, for each related entity that is a member of a controlled group that is necessary to the project or activity Prefix Title Organization Street Address Mailing Address City Phone Number Email Address Federal Tax ID No. First Name Provide a detailed description of this ❑ Capital Investment for Us,, State Last Name Fax Zip of Public Accounts No. h resoffto the project for each applicable category. li i uBusiness Site ❑ Direct Payment of State Sales and Use Taxes for Itoms Used at the Qualified Business Sit e ❑ Employment of Employees at the Qualified Business Site Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 9 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Check all that apply ® Energy ❑ Consumer / Non -Cyclical ❑ Basic Materials ❑ Healthcare ❑ Capital Goods ❑ Financial ❑ Transportation ❑ Technology ❑ Consumer / Cyclical ❑ Telecommunication Services ❑ Services ❑ Utilities. ® Manufacturing NAICS Code: 423830 SIC Cod Primary Product or Service: If applicable identify the targeted industry cl„gl "r in whift this project falls. ❑ Advanced Technologies and Manu ri f'ur sub -clusters: Nanotechnology and Materials; Micro - electromechanical Systems; S icon r Manufacturing; Automotive Manufacturing ❑ Aerospace, Aviation and nse Biotechnology and Lifelllll nces not IudIIIIIIIIIIIIIIIIVu�^ medical services ❑ 9Y 9 ❑ Information and Computer) nol , including three sub -clusters: Communications Equipment; Computing Equipment and Semiconducto rmation Technology ® Petroleum Refining and Chemical Products ® Energy, including three sub -clusters: Oil and Gas Production; Power Generation and Transmission; Manufactured Energy Systems ❑ None Apply A m m m m m ® Local ® Exporter (International) ® Regional ❑ Non -Exporter ® National ® International Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 10 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application City MRC Global (US) Inc. Total Jobs, Other Texas Locations (Attach additional pages behind this page as needed.) Number of Jobs No other Locations in Texas ❑ Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 11 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Prefix Mr. First Name Jon Last Name Phillips Title Senior Director of Tax Organization MRC Global Street Address 835 Hillcrest Drive East Mailing Address 835 Hillcrest Drive East City Charleston State WV Zip 25311 - 1627 Phone Number 304.348.5899 Fax Num Email Address Company Website A Prefix Title Organization Street Address Mailing Address City Phone Number Email Address Company Website Is the Local Business Liaison currently located at the Qualified Business Site? ® Yes ❑ No If not, when do you anticipate relocation to the Qualified Business Site? ® Description of the project in the form of a letter addressed to the governing body liaison and the Economic Development Bank on company letterhead signed by the primary business representative attached (Tab 12) Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 12 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Check all that apply ® None Apply ❑ New Business / Start-up ❑ Relocation from Out -of -State ❑ Open New Location ❑ Expansion (newjobs) ❑ Relocation within Nominating Jurisdiction ❑ Consolidation (jobs being moved from one jurisdiction in Texas to ❑ Relocation within Texas (jobs being moved from one jurisdiction in Relocating From: be claimed for benefit) cannot be claimed for benefit) Provide a brief description of the circumstances of the move, inqWing t umber of jobs to be moved. Not applicable. uumuiillllll Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 13 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Check all that apply, provide a description of the related capital investment for each category ❑ Construct New Facility ( sq, ft.) ❑ Expand Existing Facility (by sq. ft.) ® Renovate Existing Facility ® Upgrade / Repair Facility ® Upgrade Existing Machinery & Equipment ® Purchase New / Additional Machinery & Equipment muiIIIIIIIIVu^ Provide the estimated date for each category (90-day does not apply, leave blank. Ma Equipment i Hir New Employees Begin Operations Fully Operational erational End Project Designation designations, exact date) 4/25/2019 4/25/2019 9/2/2024 4/25/2019 4/25/2019 4/25/2019 9/2/2024 9/2/2024 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 14 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. ® A Land Building Construction $3,475,255.00 Labor on Construction Building Expansion/Renovation Costs Machinery & Equipment $3,594,000.00 Other Total What percent of the projected capital investment is for routine and "turnarounds", required to maintain regular business operations? _ Provide a detailed description of each category of capital in, MRC Global anticipates spending in excess of $5 million in the capital investment plans is the build -out of new square Modification Shop located at 1302 Wharton Weems Blvd„m,,,1p,,, in the intenance, including, but not limited to proposeciiii�ltpject or activity. Tres over the next five (5) years. Included in rchases of equipment at the Valve ions complex. Attach a breakdown of types of existing full-time jobs by six -digit Standard Occupational Code and/or title, and the salary range or hourly rate for each (Tab 13) Full -Time Jobs 435 Part -Time Jobs 0 Contract Jobs 0 Total Jobs at the Qualified Business Site 435 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 15 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. ® New Jobs Attach a breakdown of types of new jobs to be created by six -digit Standard Occupational Code and/or title, and the salary range or hourly rate for each (Tab 14) Total Number of New Full -Time Jobs to be Created 65 Total Amount of Annual Payroll for New Jobs $4,875,000.00 ® Retained Jobs (cbeckonly iffor benefit) Attach a breakdown of types of jobs to be retained for benefit by six the salary range or hourly rate for each (Tab 15) 11111ll Total Number of Jobs to be Retained for Ben Total Amount of Annual Payroll for Retained Jobs Choose all that apply and include backup docu Permanent employees will be perma Business will permanently close IIII Business will relocate out of '''IIIII Business is able to Business facility other natural diE I have reviewed the request for "'I meets the criteria outlined above, as this application. Signature rd Occupational Code and/or title, and 406(a)(4)(A)) pter 3.406(a)(4)(B)) 6(a)(4)(C)) n accordance with Section 2303.402 (Chapter 2303.406(a)(4)(D)) astroyed or impaired due to fire, flood, tornado, hurricane, or any a)(4)(E)) �d job benefit under the Texas Enterprise Zone Program, and verify that it by statute. The backup documentation has been placed under Tab 14 of (Governing Body Liaison) Date Printed Name Ryan Cramer Title Ec. Dev. Coordinator Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 16 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. ® Yes ❑ No Commit to negotiate or cooperate in the achievement of the purposes of the Enterprise Zone Act. ❑ Yes ® No Commit to hire under -skilled, inexperienced, disadvantaged or displaced workers who reside in an enterprise zone. ® Yes ❑ No Commit to hire minority workers and to contract with minority -owned businesses. 11�=M ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No Commit to provide technical and vocational job training for enterprise zone residents or economically disadvantaged employees. Commit to provide child care for employees. Commit to implement and contribute to a tutoring Commit to work toward the prevention or red Commit to make contributions to the donation of land for parks or other pul Employee benefits provided (i. flexible spending accountlife i Outline the company's additional com contributions during the desi n Not applicable. ''uuiilllllllllllll ng of the g program for area students. le crime activity. nity, such as job training, or the ige, prescription drug coverage, dental plan, stock options, etc.) No Additional Commitments are Anticipated nity by specific recipient and dollar value of anticipated Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 17 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. The project will be financed by (check all that apply) ® Internal Sources ❑ External Sources The Project received (check all that apply): ❑ Texas Enterprise Fund Grant ❑ Texas Emerging Technology Fund Grant ❑ Industrial Revenue Bonds ❑ Tax Increment Financing Provide a brief narrative description of the method of financing the This project will be financed through internal cash flows. financial Check the appropriate box below and provide a copy of the executed documents indicating property access (Tab 16) ❑ Lease Agreement ❑ Purchase Agreement ❑ Lease / Purchase Agreement ® Other Harris County Appraisal District Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 18 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. ❑ Pending ® Current ❑ No Permits Required List any local, state or federal permits that are pending, along with the issuing agency and the expected date of receipt. Do not attach copies of permits. Not applicable. Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 19 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. This application for enterprise project status constitutes a concurrent designation If yes, complete this section in its entirety and provide requested attachments ❑ Yes ® No Provide a brief explanation of the capital investment and new and/or retained jobs for each designation, delineating what capital investment and jobs will apply to which designation with timelines for all. (Attach additional pages behind this page as needed.) Not applicable. Breakdown of Concurrent Attach a breakdown of types of j" for bei or hourly rate for each designation ,17) by six -digit Standard Occupational Code and/or title, and the salary range Baseline Jobs Number of Jobs at the 90-Day Window Date for the First Project Designation Date Jobs* Retained Date Aunroved Date Expires Certified Capital Investment New Jobs Jobs TOTAL *Last certification. If no jobs have been certified, provide an explanation as to why not and when application for certification ofjobs is expected to occur. Place the explanation behind this page. Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 20 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Total Distress of the Area Score (max. 85 pts.) 25 Total Local Effort Score (max. 53 pts.) 28 Total Private Effort Score (max. 75 pts.) 43 TOTAL PROJECT SCORE 96 For internal use only: Points Awarded for State P 'ority (max. 10 pts.) Provide backupdocumentation for ALL areas for which points are taken ]:f Ilhbo�;� iiii��,�ui:� c��lcmiiii��:vi �s " p (� � �rm��m liis ui��mo�m :!irrms�m�:�Jl��ii��,�°��JI lii m IILi illlbi ':'�III�.8 III`r!iciriits will ui� ci Ilhbi�ii��, ��illwzrc��tii��,d°��J �� Distress of the Area (Qualified Business Site) (40%) Jurisdiction Population Population of nominating Jurisdiction* is less than 50,000 ® Yes County Population 09 Population of County is less than ❑ Yes decennia/ census) um„„10 pts 10 5 pts 4 pts 6 pts 8 pts 12 pts 15 pts Poverty Level of Block Group 24.86% ® 20.0% - 29.9% poverty (2010 decennia/ census) 4 pts 4 ❑ 30.0% - 39.9% poverty (2010 decennia/ census) 6 pts ❑ 40.0% - 49.9% poverty (2010 decennia/ census) 10 pts ❑ 50.0% poverty and above (2010 decennial census) 15 pts Backup Attached Backup Attached Backup Attached ❑ Backup Attached *Note: Current updated listing of Distressed counties can be found at: httla://www.texaswideoi)enforbusiness.com/incentives-financing/tax/tez.phi) under "Related Material" in the Texas Enterprise Zones Section and is helpful for obtaining much of the requested information in this section. Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 21 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Poverty Level of nominating Jurisdiction* 10.00% ❑ 20.0% - 22.9% poverty (2010 decennial census) ❑ 23.0% - 24.99% poverty (2010 decennial census) ❑ 25.0% - 29.9% poverty (2010 decennial census) ❑ 30.0% poverty and above (2010 decennial census) Poverty Level of County ❑ 20.0% - 22.9% poverty (2010 decennial census) ❑ 23.0% - 24.9% poverty (2010 decennial census) ❑ 25.0% - 29.9% poverty (2010 decennial census) ❑ 30.0% poverty and above (2010 decennial census) Unemployment Level for County (most recent year) ® 5.0% - 6.49% unemployment ❑ 6.5% - 7.9% unemployment ❑ 8.0% - 9.9% unemployment ❑ 10.0% and above unemployment County Adult Population without High or Equivalent (2010 decennial census) ❑ 25.4% or above State or Federally -Declared C ® Yes -- ® State Date Disaster Declared Adversely Affected Defense Dependent ❑ Yes 16.80% m u n ity (BRAC** Impacted) 4 pts 6 pts 8 pts 10 pts 4 pts 1.1 5 pts 1 10 Backup Attached Backup Attached Backup Attached Backup Attached Backup Attached Backup Attached ❑ *If the nominating jurisdiction is a county, take points under both nominating jurisdiction and county, if earned. **Base Closure and Realignment Commission Total Distress of the Area Score (max. 85 pts.) 25 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 22 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Local Effort (25%) Based on the Nominating Ordinance or Order (incentive must be listed specifically in the nominating ordinance or order) Check local incentives offered and record points earned up to the maximum of 53 points. Take Points in black if included in the local order and take points in red if incentive is included in the local order AND actually delivered to the project. :v '�"�„�� 114�„��iuiit� uiui1 IIII'��'�Ilk.��,��1� di��f�f�di��;��m �ii��°�i�i�„��I�V ��i�„��I° ��,.��i��'��m��Ju°Ilk��,�°��I uiui��°�i�i��,f�m��, �ii��°�i�i�„��f�m��°�f��..) ui1111 1 1�1,1u1llli ':1II� 8�� ❑ Local Sales Tax Refund 2/'I pts ® Tax Abatement 2/'I pts 2 ❑ Tax Increment Financing 2/'I pts ® Freeport Exemption 2 0111' 2 ElEconomic Development Sales Tax (4A) Contribution s ® Economic Development Sales Tax (4B) Contribution /::I p 2 ® Chapter 380/381 u„ 2/ I p ® Other Tax Deferrals, Tax Refunds or Tax Incentives :I pts ® Zoning Changes / Variances 1 pt 1 ® Building Code Exemptions 1 pt 1 ®Impact /Inspection Fee Exemptions 2 is 2 ® Streamlined Permitting 1 pt 1 ® Improved Police and/or Fire Protection 1 pt 1 ® Community Crime Prevention Progr led 1 pt 1 ❑ Special Public Transportation Routes o Far 1 pt ® Capital Improvements in W e �ilities 1 pt 1 ® Road Repair lull "011jIIIVu^ 1 pt 1 ® Creation or Improvemenllt rks 1 pt 1 ❑ Low -Interest Loans for Housin h ation or New Construction 1 pt ❑ Transfer Abandoned Housing to I iduals or Community Groups 1 pt ❑ Low -Interest Loans for Business 2/'I pts ❑ Use of Surplus School Buildings for Incubators 1 pt ® Provision of Publicly Owned Land for Development Purposes 1/'I pt 1 ® One -Stop Permitting, Problem Resolution Center or Ombudsmen 1 pt 1 ® Promotion and Marketing Services 1 pt 1 ® Job Training and Employment Services 1/'I pt 1 ® Retraining Program 1/'I pt 1 ® Literacy and Employment Skills Programs 1/'I pt 1 ® Vocational Education 1/'I pt 1 ® Customized Job Training 1/'I pt 1 Total Local Effort Score (max. 53pts.) 28 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 23 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Private Effort (35%) Commitment to the Community (If taking 3 points for any program below, please provide a description of the program and contact name & numbers in Tab 18.) 1°"d11,,0b, "I'llnentation liis ium„�A liiunciiiiided 114 points wlii I um„A be dui'lwiiilir4r��Ied ® Negotiate or cooperate in the achievement of the 1 pt 1 purposes of the Enterprise Zone Act ® Hire under -skilled, inexperienced, disadvantaged or 1 pt 1 displaced workers who reside in an enterprise zone ® Hire minority workers and contract with minority- 1 pt 1 owned businesses ® Provide technical/vocational training for enterprise zone 3 pts 3 residents and economically disadvantaged employees Vu^ ❑ Provide child care for employees 3 pts ❑ veterans or tment program(s) 3 pts 00 Imeme t or co teibute to at tori or ment rin 3 program for area students Vu^ ® Participate in juvenile crime prevention program t Vu ® Contribute to the well-being of the community, such 3 3 as job training, or donation of land for parks or other public purposes Vu^ Average Job Wage Level Note; In order ® Attached County Averi First Quarter Second Quarter Third Quarter Fourth Quarter TOTAL $5,424.00 - 4 = $1,356.00 (County AWW) AWW) Backup Attached _ (year) Calculate the average weekly wage in the formula below including only the new and/or retained jobs represented in this application for state benefit. $46,454,490.50 - 435 = $106,791.93 Total Annual Payroll # ofJobs Avg. Annualized Wage County AWW $1,356.00 110% of County AWW $1,491.60 Choose One ❑ AWW >_ AWW for County ❑ AWW >_ 110% of AWW for County ® AWW >_ 120% of AWW for County Rev.06.01.17 (Texas Enterprise Zone Program) 52 = $2,053.69 AWW 120% of County AWW $1,627.20 3 pts 8 pts 10 pts 10 Tab 1, Page 24 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Number of Jobs for Benefit (choose applicable category and range) ® 10 to 199 new jobs for benefit ❑ 200 to 299 new jobs for benefit ❑ 300 to 399 new jobs for benefit ❑ 400 to 499 new jobs for benefit ❑ 500 and Above new jobs for benefit --AND-- 1 10 to 99 retained jobs for benefit 100 to 199 retained jobs for benefit 200 to 299 retained jobs for benefit 300 to 399 retained jobs for benefit 400 to 499 retained jobs for benefit 500 and Above retained jobs for benefit Capital Investment (choose applicable range) ❑ $40,000 to $399,999 ❑ $400,000 to $999,999 ❑ $1,000,000 to $4,999,999 ® $5,000,000 to $149,999,999 ❑ $150,000,000 to $249,999,999 ❑ $250,000,000 and Above pp „ 4 pts 4 8 pts 12 pts 16 pts 25 pts 1 pt 2 pts 2 Ott 1 pt u„ 2 pts 3 pts 4 pts 4 8 pts 10 pts Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 25 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Employee Benefits Provided Backup Attached ® Employee benefits provided (i.e., medical coverage, prescription 2 pt 2 drug coverage, dental plan, flexible spending accounts, life insurance, 401K, stock options, etc.) Type of Jobs ® Jobs are Primary Jobs as defined in the Dev. Corp. Act, as amended 2 pt 2 Industry Cluster ® Business is a targeted industry cluster as listed on page 10 2 pt 2 max. 75 pts.) 43 Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 26 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. Governing Body Liaison Prefix Mr. First Name Ryan Last Name Cramer Title Economic Development Coordinator Organization City of La Porte Economic Development Corporation Street Address 604 W Fairmont Parkway Mailing Address City La Porte State Phone Number 281.470.5016 FqgNumber Email Address Community Website To the best of my knowledge and belief, correct and I have read the Texas Enterpr provisions contained therein, as evidenced Signature Printed Name Kyan Cramer GIVEN under my hand and seal of office this (Notary Seal) Zip 77571 - 6215 ined in this Enterprise Project Application is true and erprise Zone Program Rules and am familiar with the Date Title Ec. Dev. Coordinator day of , Notary Public, State of Texas My commission expires Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 27 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. The nominated Enterprise Project hereby certifies and agrees that it: is located in, or has committed to locate in City of La Porte , Texas, in Harris County, Texas; and 2. will maintain separate payroll and tax records of the business activity conducted at the qualified business site, or other information as required by local and state government units; and 3. commits to participate in local efforts to achieve development and revitalization of the area; and 4. understands that before obtaining a state benefit, the qualified business must submit to the Comptroller a certified report of the actual number of jobs created and/or retained and the capital investment made; and 5. E 10. understands that to be a qualified business eligible for enterprise project the new or additional employees hired must be residents of an enterpri persons or veterans if the qualified business site is located in an ent qualified business site is located outside of an enterprise zone; and commits that 25% percent of its new employees will be disadvantaged persons, or veterans; and understands that the project must maintain the level of e received to the end of the designation period or for use taxes, whichever is later, or it may become liabl It Comptroller of Public Accounts (Comptroller); and will report to the Comptroller the status a certifies that the project, or a branch, an undocumented worker; and understands that the state sa the Tax Code and applicable Administrative Code, Secti contract price is divided int stated agreed contract price f This certification and agreement is enterprise project. of an en Jnation, twenty-five percent (25%) of e or economically disadvantaged „ne, or thirty-five percent (35%) if the ne, economically and the jobs for which a refund has been ears from the date of refund of state sales and funded taxes and interest by the Texas the designation; and of the business, does not and will not knowingly employ `und is subject to approval by the Comptroller and the requirements of — specifically Section 151.429 of the Tax Code and Title 34 Texas °'contracts must be "separated" (i.e. contract in which the agreed I agreed contract price for incorporated materials and a separately and not "lump -sum" in order to claim a refund of state sales tax. from the date of designation through the date of expiration as an To the best information and belief, the information contained in this Enterprise Project Application is true and correct and I, as primary business representative, have read the Texas Enterprise Zone Program Act and the Enterprise Zone Program Rules and am familiar with the provisions contained therein as evidenced by my signature below. Signed (PrimaryBusiness Representative) Printed Name Jon Phillips Title Sr. Director of Tax Date GIVEN under my hand and seal of office this day of , Notary Public, State of My commission expires (Notary Seal) Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 28 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. The nominated Enterprise Project hereby certifies and agrees that it: 1. is located in, or has committed to locate in City of La Porte , Texas, in Harris County, Texas; and 2. will maintain separate payroll and tax records of the business activity conducted at the qualified business site, or other information as required by local and state government units; and 3. commits to participate in local efforts to achieve development and revitalization of the area; and 4. understands that before obtaining a state benefit, the qualified business must submit to the Comptroller a certified report of the actual number of jobs created and/or retained and the capital investment made; and 5. understands that to be a qualified business eligible for enterprise proj esignation, twenty-five percent (25%) of the new or additional employees hired must be residents of an a rise zone or economically disadvantaged persons or veterans if the qualified business site is located in an it a zone, or thirty-five percent (35%) if the qualified business site is located outside of an enterprise FI ; and 6. commits that 25% percent of its new employees wi ts of a terprise zone, economically disadvantaged persons, or veterans; and ' u. 7. understands that the project must maintain the level of a III ent and the jobs for which a refund has been received to the end of the designation period or t least t (3) years from the date of refund of state sales and use taxes, whichever is later, or it may beco r re ure of refunded taxes and interest by the Texas Comptroller of Public Accounts (Comptrolle an 8. will report to the Comptroller the statu ecti ss of the designation; and 9. certifies that the project, or a brandivisi or de ment of the business, does not and will not knowingly employ an undocumented workertl')ll 10. understands that the state d x refund is subject to approval by the Comptroller and the requirements of the Tax an lic Administrative Rules — specifically Section 151.429 of the Tax Code and Title 34 Texas Ad ill strative Co Se n 3.329. Construction contracts must be "separated" (i.e. contract in which the agreed con price is ided into a separately stated agreed contract price for incorporated materials and a separately d ag d contract price for skill and labor) and not "lump -sum" in order to claim a refund of state sales tax. Ill um .. muillllll This certification and agreement is effective from the date of designation through the date of expiration as an enterprise project. To the best information and belief, the information contained in this Enterprise Project Application is true and correct and I, as the local business liaison, have read the Texas Enterprise Zone Program Act and the Enterprise Zone Program Rules and am familiar with the provisions contained therein as evidenced by my signature below. Signed Printed Name Title Date (Coca/Business Representative) GIVEN under my hand and seal of office this day of , Notary Public, State of Texas My commission expires (Notary Seal) Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 29 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. No Consultant Participating ❑ Complete the following information for each consultant involved with this project (Attach copy of the Power ofAttomey, if applicable — Tab 19) First Name Sharon Last Name Welhouse Title Organization Street Address Mailing Address City Austin State Phone Number Mobile Number Email Address ❑ Application Preparer Fq Representing Brief Description of Consultant's Nu ip 78701 - 4072 htti)://www.rvan.com/ Represent and assist MRC Global (US) Inc. with all areas of I confirm that the above -named co" Cant has been retained to participate in this application process as outlined above. Signature (Authorizing Participant) Printed Name Date Title To the best of my knowledge and belief, the information contained in this Enterprise Project Application is true and correct. Signature (Participating Consultant) Printed Name Sharon Welhouse Date Title Principal Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 30 Office of the Governor Economic Development and Tourism Texas Enterprise Project Application MRC Global (US) Inc. City of La Porte TO: Office of the Governor Attn: Financial Services Post Office Box 12878 Austin, Texas 78711 Subject: Submission of Texas Enterprise Zone Program Application Fee an Enterprise Project Application Submitted by City of La Porte September 2, 2019 Quarterly Application Round muillllll Financial Services, please send this form along with a copy of payable to Office of the Governor, Interagency to the Econorl Zone Program Staff, Economic Development Bank for the Septer City of La Porte on behalf of MRC Global (US) Inc.. ❑ $500 for a Half Enterprise Project ® $750 for an Enterprise Project ❑ $1,500 for a Double 3umbo Ent ❑ $2,250 for a Triple Jumbo Ent If you have questions regarding contact: ayable to Office of the Governor for alf of MRC Global (US) Inc. for the ;d Non -Readable Application Fee made rent and Tourism Division, Attn: Enterprise 9 Enterprise Project Round submitted by the First Name Sharon 1111ffiF Last Name Welhouse Title Principal Organization Ryan, LLC Street Address 100 Conaress Avenue, Suite 1900 Mailing Address 100 Congress Avenue, Suite 1900 City Austin State Zip 78701 - 4072 Phone Number 512.476.0022 Fax Number 512.476.0033 Email Address sharon.welhouse@ryan.com Rev.06.01.17 (Texas Enterprise Zone Program) Tab 1, Page 31 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 26, 2019 Requested By: Matt Hartleib, HR Manager Department: Administration/Human Resources (;' Report (- Resolution _ Ordinance Exhibits: RFP Analysis and Recommendation Appropriation Source of Funds: Employee Health Services Account Number: Amount Budgeted: $8,158,000 Recommendation will Amount Requested: result in lowering of cost Budgeted Item: row Yes few No SUMMARY In April 2019, an RFP process was initiated for providers of medical claims administration, pharmacy claims administration, and the voluntary dental coverage program. The request yielded five (5) responses each for medical and pharmacy claims and six (6) for dental coverage. The City's benefits consultant completed analysis of the responses and identified finalists. On Tuesday July 30, 2019, the Ch. 172 Employee, Retiree Insurance and Benefits Board met to receive and discuss the results of the RFP. After reviewing the responses, the Board voted to approve the following recommendations to Council: Medical claims administration — renew with the incumbent provider Aetna for three (3) years. Aetna's proposal includes a lower base administrative cost, a comparable network to BCBS, no fee increase in Year 2, 3% increase in Year 3, and $3,000 wellness credits for each year of the agreement. The total per employee per month administrative fee will reduce from $37.49 to $30.07 for an annual reduction of $35,794 ($180,852 to $145,058). Pharmacy claims administration — carve out this service from the current bundle with medical and select RxBenefits/Express Scripts. Based on an estimated 21.45% reduction in drug ingredient cost and projected increased rebates, the total combined savings are estimated at $849,339. The full impact of the rebates will not be realized in the fiscal year 2019-20 due to a lag in rebate processing. Also, this change carries zero impact to members. • Dental — renew with Cigna for the 2020 plan year. This is a voluntary benefit offering with no fiscal impact to the budget. RECOMMENDED MOTION I move to approve the recommendations of the Ch. 172 Employee, Retiree Insurance and Benefits Board with regard to medical, pharmacy, and dental plan administration. Approved for the City Council meeting agenda Corby D. 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ADMINISTRATIVE REPORTS • City Council Meeting, Monday, September 9, 2019 • Planning and Zoning Commission Meeting, Thursday, September 19, 2019 • City Council Meeting, Monday, September 23, 2019 • Zoning Board of Adjustment Meeting, Thursday, September 26, 2019 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 10. ADJOURNMENT ******************************************************************