Loading...
HomeMy WebLinkAbout02-10-20 Regular Meeting of the La Porte City Council Recognition of the Retirement of Donald Ladd, Assistant Fire Chief Donald Ladd started his career with the La Porte Fire Department in October of 1985 as a volunteer firefighter. Donald continued a long tradition of firefighting as his grandfather Earl Ladd, was the Fire Chief in Muleshoe, Texas area for 25 a member of La Porte Fire Department from 1972 to 2008, achieving the rank of Asst. Chief. As a child, Donald was in the fire station all the time until he was old enough to join the department as a volunteer member. The love for the department that started well before he was old enough to join made perfect since as a career path for Donald. Donald moved from the volunteer ranks in January 1989 when he was hired as a career firefighter and was assigned to Station 4 and later in his career, moving to Station 2. In 2009, long-time Asst. Chief John Dunham retired, opening a position in the administration ranks of the department. Donald was promoted to Asst. Chief and became the supervisor for career personnel and managed day-to-day activities of the departmentis a volunteer position. Donald was instrumental in many department activities such as: training; purchasing initiatives that Donald brokered with Sutphen Corp. for fire trucks, which has saved the City thousands of dollars; the construction of Fire Station 1; and the creation of the Fire Control and Emergency Services District, which now contributes in excess of $1 million dollars to the City budget annually. Managing the La Porte Fire Department organization that consists of a combination of career and volunteer firefighters, is a huge challenge that requires an in-depth understanding and appreciation for both career and volunteer groups having been raised in the department as a volunteer and later a career firefighter made him a perfect fit for the Asst. Chiefs position that he has held for the last 11 years. During that 11 years, Donald has responded day and night to calls and in addition, attended department training sessions every Tuesday night, only missing when he was out of town. Outside of the department, Donald had other passions. He has continued to be involved with the La Porte High School annual theatrical musicals and to get away from city life, he loved his time relaxing and fishing at his lake house. On February 21, 2020, Donald will be hanging up his bunker gear as he retires after more than 34 years of service with the La Porte Fire Department. In true dedication form, Donald has submitted his application to the volunteer organization so that he can continue being a firefighter after his retirement until he finalizes his move from La Porte to his lake house. Donald, we bid you a fond farewell, and thank you for your years of dedicated service to the fine citizens of La Porte. LOUIS RIGBY BILL BENTLEY Mayor Councilperson District 3 BRANDON LUNSFORD Mayor Pro-Tem Councilperson At Large A THOMAS GARZA STEVE GILLETT Councilperson District 4 Councilperson At Large B JAY MARTIN DANNY EARP Councilperson District 5 Councilperson District 1 NANCY OJEDA CHUCK ENGELKEN Councilperson District 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JANUARY 27, 2020 The City Council of the City of La Porte met in a regular meeting on Monday, January 27, 2020, 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, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza, Jay Martin, Nancy Ojeda Councilpersons absent: Steve Gillett 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 AND PLEDGES The invocation was given by Pastor Walter Brumley, La Porte River of God, the pledges of allegiance to the U.S. and Texas flags were led by Councilperson Thomas Garza. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. ExxonMobil and Wink to Webster Pipeline, LLC First Responders Grant Program presentations to the City of La Porte Police and Fire Departments. \[Jason Weeks, Assistant City Manager\] b. Recognition - Employee of the Fourth Quarter 2019 - Lindsey Campuzano (Benefits Specialist - City of La Porte Human Resources Department). \[Mayor Rigby\] c. Recognition - Employee of the Year 2019 - Ashley Lovercheck (Buyer, City of La Porte Purchasing Division). \[Mayor Rigby\] d. Recognition - Manager of the Year 2019 - Lieutenant Doug Ditrich- (City of La Porte Police Department). \[Mayor Rigby\] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) Donna Medford Tobias spoke of her concerns about the proposed Trap, Neuter, Return Program for cats. 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with 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 meeting held on January 13, 2020. \[Mayor Louis Rigby\] b.Approve a Joint Election Agreement and Election Services Contract with the La Porte Independent School District (LPISD) for the May 2, 2020 election. \[Mayor Rigby\] c. Appoint Rachel Cotton to fill a vacant position on the La Porte Development Corporation Board. \[Mayor Rigby\] d.Award RFP #20502 to Crosspoint Communication for the Whelen Siren Project in the amount of $175,954.40. \[Kristin Gauthier, Emergency Management Coordinator\] Page 1 of 5 January 27, 2020, Council Meeting Minutes e. Adopt Resolution 2020-01 authorizing the City Manager to execute documents in connection with the Selective Traffic Enforcement Program (STEP) Impaired Driving Mobilization Grant award. \[Chief Ron Parker, LPPD\] f. Adopt Ordinance 2020-37 Division 1 of the City of La Porte Code of Ordinances, to establish a Trap, Neuter, and Return Program within the City of La Porte. \[Matt Daeumer, Assistant Chief of Police\] Councilperson Garza pulled 5f. Councilperson Engelken moved to approve the consent agenda items 5a-e; the motion was adopted, 8-0. Councilperson Engelken moved to postpone 5f until additional information is received from the Police Department; the motion was adopted, 8-0. 6. PUBLIC HEARINGS AND ASSOCIATED ITEMS a. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3772 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.23-acre tract of land located at 11813 Fieldcrest Drive, legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, by changing possible action to consider adopting Ordinance 2020-3772 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.23-acre tract of land located at 11813 Fieldcrest Drive, legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision, by changing Mayor Rigby opened the public hearing at 6:45 p.m. City Planner Ian Clowes gave a brief presentation on items 6 a and b together. Mayor Rigby closed the public hearing at 6:51 p.m. Councilperson Ojeda moved that the Council adopt Ordinance 2020--acre tract of land located at 11813 Fieldcrest Drive, and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision. The motion was adopted, 8-0. b.The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3773 amending the Code of Ordinances of the Change #19- 92000007, a change from General Commercial (GC) to Low Density Residential (R-1) for a 0.23-acre tract of land located at 11813 Fieldcrest Drive and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision; followed by discussion and possible action to consider adopting Ordinance 2020-3773 amending the Code of -92000007, a change from General Commercial (GC) to Low Density Residential (R-1) for a 0.23-acre tract of land located at 11813 Fieldcrest Drive and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision. \[Ian Clowes, City Planner\] Mayor Rigby opened the public hearing at 6:56 p.m. City Planner Ian Clowes gave a brief presentation during item 6a. Mayor Rigby closed the public hearing at 6:56 p.m. Councilperson Earp moved that the Council adopt Ordinance 2020-3773 for zone change request #19-92000007, for a 0.23-acre tract of land located at 11813 Fieldcrest Drive, and legally described as Lots 32 and 33, Block 2, Pinegrove Valley Subdivision. The motion was adopted, 8-0. c. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3774 amending the Code of Ordinances of the - 92000008, a change from Low Density Residential (R-1) to Neighborhood Commercial (NC) for a 0.39-acre tract of land located at 10105 W. Fairmont Parkway and legally described as a Commercial Park Subdivision Amending Plat; followed by discussion and possible action to consider adopting Ordinance 2020-3774 amending the Code of Ordinances of the City of La Porte, Chapter 106 Zone Change #19-92000008, a change from Low Density Residential (R-1) to Neighborhood Commercial (NC) for a 0.39-acre tract of land located at 10105 W. Fairmont Parkway and legally described Subdivision Amending Plat. \[Ian Clowes, City Planner\] Page 2 of 5 January 27, 2020, Council Meeting Minutes Mayor Rigby opened the public hearing at 6:58 p.m. City Planner Ian Clowes gave a brief presentation. Monica Rogers, just prior owner of the property, spoke in support. Mayor Rigby closed the public hearing at 7:05 p.m. Councilperson Garza moved that the Council adopt Ordinance 2020-3774 for zone change request #19-92000008, for a 0.39-acre tract of land located at 10105 Fairmont Parkway, and legally described as a portion of Restricted . The motion was adopted, 8-0. d.The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3775 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625 R. Pearsall Survey, by changing the land use - possible action to consider adopting Ordinance 2020-3775 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625 R. Pearsall Survey, by changing the land use -Hi \[Ian Clowes, City Planner\] Mayor Rigby opened the public hearing at 7:07 p.m. City Planner Ian Clowes gave a brief presentation on items 6 d and e. Mayor Rigby closed the public hearing at 7:29 p.m. Councilperson Garza moved that the Council adopt Ordinance 2020--acre tract of land located at 11007 W. Fairmont Parkway, and legally described as Tract 1H, Abstract 625 R, Pearsall Survey. There was no second and the motion was not considered. Councilperson Earp moved to deny Ordinance 2020- Future Land Use Plan for a 3.38-acre tract of land located at 11007 W. Fairmont Parkway, and legally described as Tract 1H, Abstract 625 R, Pearsall Survey; the motion was adopted, 7-1, Councilperson Garza voting against. e. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3776 amending the Code of Ordinances of the -92000009, a change from Planned Unit Development (PUD) to Business Industrial (BI) for a 3.38-acre tract of land located at 11007 W. Fairmont Parkway and legally described as Tract 1H, Abstract 625 R, Pearsall Survey; followed by discussion and possible action to consider adopting Ordinance 2020-3776 amending the Code of Ordinances of the City of La Porte, -92000009, a change from Planned Unit Development (PUD) to Business Industrial (BI) for a 3.38-acre tract of land located at 11007 W. Fairmont Parkway and legally described as Tract 1H, Abstract 625 R, Pearsall Survey. \[Ian Clowes, City Planner\] Mayor Rigby opened the public hearing at 7:33 p.m. City Planner Ian Clowes gave a brief presentation during item 6d. Mayor Rigby closed the public hearing at 7:33 p.m. Councilperson Garza moved that the Council adopt Ordinance 2020-3776 for zone change request #19-92000009, for a 3.38-acre tract of land located at 11007 W. Fairmont Parkway, and legally described as Tract 1H, Abstract 625 R, Pearsall Survey. There was no second and the motion was not considered. Councilperson Earp moved that application for zone change request #19-92000009, for a 3.38-acre tract of land located at 11007 West Fairmont Parkway, and legally described as Tract 1H, Abstract 625 R, Pearsall Survey. The motion was adopted, 7-1, Councilperson Garza voting against. f. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3777 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 6.921-acre tract of land located at the 3400 Block of Canada Road, legally described as Reserve A, Block 1 , Dawson Subdivision, by changing the land -High Density and possible action to consider adopting Ordinance 2020-3777 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 6.921-acre tract of land located at the 3400 Block of Canada Road, legally described as Reserve A, Block 1, Dawson Subdivision, by changing the land - Clowes, City Planner\] Page 3 of 5 January 27, 2020, Council Meeting Minutes City Manager Corby Alexander noted an error in the write up and the ordinance, resulting in an error in the posting and the fact that Councilperson Engelken moved to postpone items 6f-h until the staff could correct the error (restated by the chair and adopted by the Council as the February 10 meeting). The Council took a five-minute recess. The motion was adopted, 8-0. g.The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3778 amending the Code of Ordinances of the - 92000010, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 6.921-acre tract of land located at the 3400 Block of Canada Road and legally described as Reserve A, Block 1, Dawson Subdivision; followed by discussion and possible action to consider adopting Ordinance 2020-3778 amending the Code of Ordinances of the -92000010, a change from Mid Density Residential (R-2) to Planned Unit Development (PUD) for a 6.921-acre tract of land located at the 3400 Block of Canada Road and legally described as Reserve A, Block 1, Dawson Subdivision. \[Ian Clowes, City Planner\] Postponed until the February 10 meeting in the motion on item 6f. h.The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3779 amending the Code of Ordinances of the -91000009, to allow for a Boat and RV storage facility on a 6.921-acre tract of land, located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1, Dawson Subdivision in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2020-3779 Conditional Use Permit #19-91000009 to allow for a Boat and RV storage facility on a 6.921-acre tract of land, located at the 3400 Block of Canada Road, and legally described as Reserve A, Block 1, Dawson Subdivision in the Planned Unit Development (PUD) zoning district. \[Ian Clowes, City Planner\] Postponed until the February 10 meeting in the motion on item 6f. 7. REPORTS (a) Receive a report on the La Porte Development Corporation Board of Directors meeting. \[Councilperson Ojeda\] Councilperson Ojeda provided a short report on the items covered in the Committee meeting. 8. ADMINISTRATIVE REPORTS Drainage and Flooding Committee meeting, February 10 City Council meeting, February 10 Planning and Zoning Commission meeting, February 20 City Council meeting, February 24 Zoning Board of Adjustment meeting, February 27 Fiscal Affairs Committee meeting, March 9 Mr. Alexander said there were no reports. 9. 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. Councilpersons congratulated the employees and departments recognized at the beginning of the meeting; wished for a similarly- Soul Food Cookoff at the Jennie Riley Center on February 14; spoke on the use of social media in the upcoming general election and recent posts against Councilpersons, also urging civility; lauded the Finance rating to AA+; wished Councilperson Gillett a speedy recovery; discussed the need for planning and land use controls and reminded all of the regular Planning and Zoning Page 4 of 5 January 27, 2020, Council Meeting Minutes Councilperson Gillett; shared the successe Area-Houston Economic Partnership Quasar Banquet. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 8:07 p.m. _______________________________ Lee Woodward, City Secretary Page 5 of 5 January 27, 2020, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Source of Funds: N/A Requested By: Corby Alexander, City Manager Department: Administration/CMO Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Copy of Ordinance and Copy of 2019 Industrial Budgeted Item: Yes No District Agreement SUMMARY The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements expired on December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. The City mailed 171 Industrial District Agreements on September 20, 2019. Council has previously approved a total of 133 agreements at the October 28, 2019, November 11, 2019 and January 13, 2020 meetings. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: Ordinance Number Industrial Company 2020-IDA-134 A&J Leasing 2020-IDA-135 Braskem America, Inc. 2020-IDA-136 Metton America, Inc. 2020-IDA-137 CBSL Transportation Service 2020-IDA-138 Truck Locker Houston, LLC RECOMMENDED MOTION I move to approve Ordinances 2020-IDA-134 through 2020-IDA-138 authorizing the execution by the City of La Porte of Industrial District Agreements listed above. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2020-IDA-01 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC, A _______________________ CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. ________________________, Inc, a ___________ Corporation has executed an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED and APPROVED, this ________________ day of ___________________, 2019. CITY OF LA PORTE, TEXAS ________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: ___________________________________ __________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney NO. 2020 IDA-__' ' STATE OF TEXAS ' ' 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 ____________________________ ______________, a _______________________ 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: 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, 1) 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 rules and regulations attached hereto as Exhibit "C" and made a part hereof, 2) intermodal shipping containers (including but not limited to freight and tank containers) placed on Land belonging to Company shall be permitted to be stacked wide portion of Land contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146; strip, intermodal shipping containers shall be eligible to be stacked one additional container in height within and for each behind and following height, regardless of distance from Fairmont Parkway, State Highway 225, or State Highway 146; and 3) 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. II. 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 2 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" 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. III. 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 B. On or before the later of December 31, 2020, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2031, Company shall pay to City an amount 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 Value Year 2020: 64% Value Year 2021: 64% Value Year 2022: 64% Value Year 2023: 64% Value Year 2024: 64% Value Year 2025: 64% Value Year 2026: 64% Value Year 2027: 64% Value Year 2028: 64% Value Year 2029: 64% Value Year 2030: 64% Value Year 2031: 64% Company agrees to pay to City an amount of 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, 2020, 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, 2019, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%), where construction is completed in Value Years 2020 through 2031, 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. The eligible period for application of said thirty percent (30 total of six (6) Value Years. In the case of new construction which is completed in Value Year 2028 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 Thirty percent (30%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2034. In the case of new construction which was completed in Value Years 2016 through 2019 in accordance with the previous Industrial District Agreement between City and Company, such new construction shall be subject to a Twenty percent 20%)valuation through Value Year 2022, and a Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) Value Years. (b) Application of the thirty percent (30 rate for Substantial Increase in value of the Land, 4 improvements, and tangible personal property dedicated to new construction is limited to new construction purposed for or related to manufacturing and processing uses. In no case shall Company be entitled to application of the thirty percent (30%) Increase in value of the Land, improvements, and tangible personal property dedicated to new construction where the new construction is purposed for or related to uses for warehousing, storage, distribution, and/or general freight trucking and transportation, as well as general commercial uses, such as truck stops, rental facilities, or repair shops. (c) 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, 2019; or ii. a cumulative value of at least $3,500,000.00. 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. (d) If existing Property values have depreciated below the Property value established on January 1, 2019, 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, 2019, 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, 2020, 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 5 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 within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article 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. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31, 2031, 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, 2031, 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 Local Government Code Section , is amended, or any new legislation is thereafter 6 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 laws as the same existed on January 1, 2019. 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 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem 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 , 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 7 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 valuations 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. 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. 8 This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. 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 9 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: ______________________________ (COMPANY) Attention:___________________ Department ______________________________ ______________________________ Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ Tax Agent/Billing Contact Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ ENTERED INTO effective the 1st day of January, 2020. ________________________________ (COMPANY) By: ______________________________ Name:______________________________ Title:_____________________________ Address:___________________________ ____________________________ ATTEST: CITY OF LA PORTE, TEXAS ___________________________ By: ______________________________ City Secretary Louis R. Rigby Mayor 10 APPROVED: ___________________________ By: ______________________________ Knox W. Askins Corby D Alexander City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE, TEXAS La Porte, TX 77572-1218 604 West Fairmont Parkway 281.471.1886 La Porte, TX 77571 281.471.2047 fax knoxaskins@comcast.net STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the __ day of ___________, 20__, by ____________________, _____________________ of ______________________ corporation, a __________ corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the ____ day of ___________, 20__, by Louis R. Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds Description of Land) 12 "EXHIBIT B" Attach Plat reflecting 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.) 13 "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, as well as the stacking of intermodal shipping containers. 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. 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 lines. 2. Intermodal shipping containers (including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two (2) containers in height in the said In those instances where shipping containers are the screening requirements established in paragraph 3 immediately below shall apply. 3. 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 14 "EXHIBIT C" Page 2 of 3 of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 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 shall 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 (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 4. 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. "EXHIBIT C" 15 Page 3 of 3 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. 5. 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. 6. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Source of Funds: General & General CIP Requested By: Michael G. Dolby, Director Department: Finance Account Number: 001/015 Amount Budgeted: $0 Report Resolution Ordinance Amount Requested: $230,000 Exhibits: Ordinance, Exhibits A & B and Detail Information Budgeted Item: Yes No SUMMARY The City Council adopted the Fiscal Year 2019-20 Budget on September 9, 2019. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2019-20 Budget. (*denotes funds with current changes) FY 2020 Proposed FY 2020 Original Budget Amended Budget General Fund $ 54,429,634 $ 54,659,634 * Grant Fund 8,857,843 8,857,843 Street Maintenance Sales Tax Fund 3,195,000 3,195,000 Emergency Services District Sales Tax 1,273,334 1,273,334 Fund Hotel/Motel Occupancy Tax 809,777 809,777 Economic Development Corporation 2,929,197 2,929,197 Tax Increment Reinvestment Zone 5,383,569 5,383,569 Utility 8,287,115 8,287,115 Airport 90,680 90,680 La Porte Area Water Authority 2,307,665 2,307,665 Motor Pool 2,834,770 2,834,770 Insurance Fund 9,043,630 9,043,630 Technology Fund 278,828 278,828 General Capital Improvement 8,695,869 8,925,869 * Utility Capital Improvement 1,715,000 1,715,000 Sewer Rehabilitation Capital 350,000 350,000 Improvement Drainage Improvement Fund 480,000 480,000 General Debt Service 4,657,119 4,657,119 Total of All Funds $115,619,030$116,079,030 At the January 13, 2020 City Council meeting, the Council approved the Recreation and Fitness Center roof replacement project to Lessman Roofing and Sheetmetal LLC, by authorizing the City Manager to execute a construction contract in the total sides. At that time, staff informed Council that a budget amendment would be brought to Council to provide budget authority for this project. Staff is requesting the City Council consider and discuss the adoption of ordinance 2020-3781 approving an amendment 9-20 Budget for additional funding of $230,000 to replace the roof at the Recreation and Fitness Center. RECOMMENDED MOTION I move to approve the adoption of Ordinance 2020-3781 approving an amendment to the Ci-20 Budget for additional funding of $230,000 to replace the roof at the Recreation and Fitness Center. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE2020-3781 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2019, through September 30, 2020, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 23, 2019, and a public hearing scheduled for September 9, 2019 was duly advertised and held, and said Budget was finally approved by ordinance on September 9, 2019; WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after final adoption of the budget, the governing body of the municipality may spend municipal funds only in strict compliance with the budget, except in emergency, where in such cases the governing body of the municipality may authorize an emergency expenditure as an amendment to the original budget only in the case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of a municipality may make changes to its budget for municipal purposes; WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the best interest of the health, safety and general welfare of the inhabitants of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention, the Budget must be amended and revised with respect to those appropriations set forth in Exhibit B, attached hereto by reference and made part hereof. In support thereof, the City Council finds that additional expenditures are necessary for 1) $230,000 for the roof replacement at the Recreation and Fitness Center. Such additional expenditures are more specifically described on Exhibit C. SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as , as the Budget for the said City of La Porte, Texas, for the period of October 1, 2018, through September 30, 2019. SECTION 3. The several amounts stated in Exhibit C as the amended expenditures are hereby appropriated to and for the objects and purposes therein named, and are found to be for municipal purposes. SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the resources of each fund, as so amended and revised. SECTION 5: The City Council finds that all things requisite and necessary to the adoption of said Budget and the amendments made hereto have been performed as required by charter or statute. SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with the City Secretary, who shall attach a copy of same to the original budget. SECTION 7: 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 8: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 10th day of February, 2020. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: ClarkT. Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Source of Funds: Requested By: Shelley Wolny Department: Finance Account Number: Amount Budgeted: Report Resolution Ordinance Amount Requested: Exhibits: Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item: Yes No SUMMARY If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at any time by public or private sale. The City of La Porte has had the nd property located at 0 South 2 Street on the public resale list since 2003 and has received a minimum bid from James Sumra in the amount of $2,229.04, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Council to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 1999-37587 Lot 12, Block 110, Town of La Porte Offer $2,229.04 (cost + taxes) RECOMMENDED MOTION I move to approve of a bid by James Samura to acquire a tax resale property described as: Tract 2: Lot 12, Block 110, Town of La Porte in Harris County, Texas according to the map or plat thereof filed in the Real Property Records of Harris County, Texas. Account No. 023-219- 010-0012. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION 2020-02 WHEREAS, the City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District and San Jacinto Community College District ("Taxing Authorities") foreclosed on a property ("the property") through a delinquent tax lawsuit and judgment identified as follows: Tract 2: Lot 12, Block 110 of the Town of La Porte in Harris County, Texas, according to the map or plat thereof, filed in the Real Property Records of Harris County, Texas. Account No. 023-219-010-0012; and WHEREAS, the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to the Taxing Authorities, including conducting a public auction of the property by the Harris County Constable whereby the property was struck off to the Taxing Authorities; and WHEREAS, being no bids for the property at the tax sale on July 2, 2002, the City of La Porte, Trustee for itself and the other Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owed to all Taxing Authorities participating in the foreclosure judgment; and WHEREAS, the property held in trust by the City of La Porte, Trustee for itself and the other Taxing Authorities, is exempt from taxation and it is in the best interest of the Taxing Authorities to have the property returned to the active tax roll as a taxable property; and WHEREAS, the City of La Porte has received an offer of $2,229.04 to purchase the property from the James Sumra, NOW, THEREFORE, IT IS ORDERED by the City Council of the City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porte and all the other Taxing Authorities, and as such they are hereby incorporated in full and made part of this resolution; 2.That the City of La Porte accepts the tax resale offer by James Sumra and authorizes the Mayor of the City of La Porte to sign and execute the deed on behalf of the City of La Porte as Trustee for itself and the other Taxing Authorities, to transfer title to the person submitting the offer to purchase the property. PASSED AND APPROVED this, the ________ day of _________________, 2020. CITY OF LA PORTE, TEXAS ____________________________________ Louis R. Rigby, Mayor ATTEST APPROVED AS TO FORM _____________________________ ___________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney Page 1 of 1 S 2nd St -Google Maps Image capture: Apr 2011© 2020 Google La Porte, Texas Google Street View https://www.google.com/maps/@29.6594162,-95.0213015,3a,75y,88.32h,90t/data=!3m7!1...1/16/2020 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Source of Funds: N/A Requested By: Rosalyn Epting, Director Department: Parks & Recreation Account Number: Amount Budgeted: Report Resolution Ordinance Amount Requested: Exhibits: New Agreement Markup, Old Agreement, New Budgeted Item: Yes No Agreement Final Version SUMMARY The La Porte Girls Softball Association (LPGSA) runs their softball program out of Little Cedar Bayou Park. LPGSA utilizes four (4) youth softball fields, one (1) combination concession/restroom facility, two (2) batting cages, and one (1) storage building. LPGSA is responsible for routine field marking, dragging, watering, and preparation for play. The previous agreement with the City was for five (5) years. It was signed on December 8, 2014 and expired on December 8, 2019. The new agreement will have an initial term beginning with the date of execution and expiring on December 31, 2020. At the conclusion of the initial term, the agreement shall automatically renew for two (2) one-year renewals. The new agreement has been reviewed by the Assistant City Attorney and is very similar to the notable changes being proposed: Introduction: Removed the wor Section I: The previous agreement had LPGSA usage listed as March-November. The new agreement includes usage of January-November, at the request of LPGSA. There were also some minor wording changes and additions in this section. Section IX: The new agreement includes that LPGSA is to maintain a written policy requiring criminal background checks by April 1, 2020 for all board members, coaches, employees, and volunteers. Section XII: Agreement terms were added to this section. The initial term begins at execution and expires December 31, 2020. At the conclusion of the Initial Term, the agreement shall automatically renew for two (2) one-year renewal terms. This section also states that either party may terminate the Agreement without cause, at any time, by providing thirty (30) days written notice to the other party. Section XIII: Minor grammatical changes. Signature Page: The year, City Secretary, and LPGSA Commissioner were changed. Exhibit A: One (1) storage building was added to the list that was not included in the previous agreement. RECOMMENDED MOTION I move to approve authorizing the City Manager to execute an agreement with the La Porte Girls Softball Association for the use of the Little Cedar Bayou Park Softball Facilities for operations of their league. The initial term will be the date of execution through December 31, 2020, with two (2) additional one-year renewals after the initial term concludes. With renewals, the agreement will expire December 31, 2022. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE GIRLS SOFTBALL ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES Deleted: BECAUSE WHEREAS, the City of La Porte, Texas (the "City") is the owner and operator of various youth softball facilities as part of the parks and recreational facilities of the community; and Deleted: Because WHEREAS, the La Porte Girls Softball Association (the "Association") has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various softball facilities owned by the City; and Deleted: Because WHEREAS, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. at Little Cedar Bayou Park and the continuing contribution of youth recreation for girls in the La Deleted: T Porte community, the City will provide limited use of the youth softball facilities as described in ion for conduct of its league games, practice games, league/team practices, tournament games, and Deleted: March league playoff games from the first week in January through the last weekend in November for each year or part of a year that this Agreement is in effect. Use of the youth softball facilities is Deleted: is limited to Monday through Sunday available daily, from 7:00 a.m. until 11:00 p.m. each day. The Association shall have exclusive right and responsibility for scheduling, organizing, providing rules of conduct, and conducting youth softball league games, practice games, league/team practices, tournament games, and league playoff games at the youth softball facilities listed in Exhibit A. Said rules of conduct shall be in conformance with laws and ordinances of the State of Texas and the City of La Porte. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. II. The City will assume responsibility for maintenance of all structures located on City property at Little Cedar Bayou Park as set forth in this Agreement. Except for routine marking, dragging, watering, and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth softball facilities listed in Exhibit A. The Association will be responsible for routine marking, and field preparation of the youth softball facilities either existing or in the future. The present youth softball facilities covered in this agreement are those specific areas listed in "Exhibit Page 1 of 7 A". The City will manage all operations related to facility and grounds maintenance at the softball facilities designated in Exhibit A. The City has provided, with assistance from the Association, a concession/restroom facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and permanent attachments to said facility are the property of the City. Except as set out herein, the City agrees to maintain plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Little Cedar Bayou Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Little Cedar Bayou Park are not reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the Concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth softball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages. The Association agrees to clean the restr assure that the restrooms are clean and operable. The Association agrees to clean the concession portion and the batting cage area of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A and at any future youth softball facilities located on City property. IV. Batting cages shall not be open for use by the general public by the Association under any circumstance, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other softball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth softball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered Page 2 of 7 by this Agreement, the public shall have the right to play pickup softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. To the extent allowed by law the City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall maintain a written policy requiring criminal background checks by April 1, 2020. The adopted policy shall require that all board members, coaches, employees, and volunteers of the Association submit to a criminal background check on an annual basis. Page 3 of 7 X. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XII. Deleted: ¶ This Agreement shall be in force for a period of five (5) years The Initial Term of this Agreement shall be for a period, beginning with the date of its execution by beginning with the date of its execution. At the end of the term of the Agreement, both the City and the Association have the option to both parties and extending until December 31, 2020. At the conclusion of the Initial Term the continue the Agreement for an additional five (5) year term. Such Agreement shall automatically renew for two (2) one-year Renewal Terms on January 1 of each option shall be executed in writing by the Commissioner of the Association and the City Manager, or his designee. Should either successive year, unless either Party provides thirty (30) days written notice to the other party, party choose not to exercise their option, the Agreement shall be before the end of the Initial Term or Renewal Term, as the case may be. considered at an end. During the term of this Agreement, the Association and the City may enter into separate Agreements regarding future capital improvement projects or other softball During the initial Term or during any Renewal Term, either Party may terminate the Agreement facilities that may be contemplated in the City. without cause at any time by providing thirty (30) days written notice to the other party. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other girl may be contemplated in the City. XIII. The Association shall maintain a favorable financial position during the term of this agreement. The Association will provide an official annual report to the City comprised of a combined expense statement/balance sheet controller and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests.The Annual Deleted: S sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit Deleted: of will prompt a formal notification from the City to the Association that the agreement is in danger Deleted: D of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not the agreement will be considered in Default. Page 4 of 7 Deleted: II XIV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Deleted: I XV. Nothing herein shall be construed as creating any personal liability on any part of any officer, employee or agent of the City. The Parties agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or liability that the City has or may have by operation of law. The Parties further agree that no provision of this Agreement extends the liability of the City beyond the liability provided in the Texas Constitution and the laws of the State of Texas, including the Texas Tort Claims Act. Neither the execution of this Agreementnor any other conduct of CITY relating to this Agreement shall be considered a waiver of any right or defense under the Texas Constitution or the laws of the State of Texas, including the Texas Tort Claims Act. Page 5 of 7 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: Deleted: 14 (A) It has been executed on behalf of the City on the ___th day of __________, 2020 by its City Manager and attested by its City Secretary, pursuant to affirmative vote of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the __th day of , Deleted: 14 2020 by its Commissioner and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Girls Softball Association, authorizing such execution. CITY OF LA PORTE, TEXAS By: Corby D. Alexander, City Manager ATTEST: Deleted: Patrice Fogarty Lee Woodward, City Secretary LA PORTE GIRLS SOFTBALL ASSOCIATION By: Deleted: Albert Ramirez Dickie Pollard, Commissioner ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 6 of 7 EXHIBIT A There are currently four (4) designated youth softball fields, one (1) combination Deleted: and concession/restroom facility, two (2) batting cages, and one (1) storage building covered by this Agreement at the date of execution. Additional fields and facilities that may be added in the future shall be considered a part of this agreement by signature of both parties. The designated youth softball facilities covered by this agreement are as follows: LITTLE CEDAR BAYOU PARK Deleted: three At the date of execution of this agreement, there are four youth softball fields located at Little Cedar Bayou Park, 600 Little Cedar Bayou Drive, La Porte, Texas. La Porte #1 - designated as the youth softball field located north of the restroom/concession facility, and south of the entrance to Little Cedar Bayou Park, coming east off Little Cedar Bayou Drive. La Porte #2 - designated as the youth softball field directly south of La Porte #1, and south of the restroom/concession facility. La Porte #3 - designated as the youth softball field directly south of La Porte #2, bounded on the west side by the Multi-purpose Soccer Field, on the east by the adult soccer field, and on the south by Bay Forest Golf Course. La Porte #4- designated as the youth softball field bounded on the west side by the adult soccer field, bounded on the north side by the Little Cedar Bayou Wave Pool, and on the south by Bay Forest Golf Course. Softball Concession/Restroom Facility - located between La Porte #1 and La Porte #2 as designated above. Youth Softball Batting Cages - located directly east of La Porte #3 and west of the adult soccer field, as designated above. Storage Building located directly east of the youth softball batting cages and west of the adult soccer field, as designated above. Page 7 of 7 AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE GIRLS SOFTBALL ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES WHEREAS, the City of La Porte, Texas(the "City") is the owner and operator of various youth softball facilities as part of the parks and recreational facilities of the community; and WHEREAS, the La Porte Girls Softball Association (the "Association") has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various softball facilities owned by the City; and WHEREAS, the City wishes to recognize and commend the funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in considerationof the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. In consideration of the Association’s past contributions of funding for the construction of facilities at Little Cedar Bayou Park and the continuing contribution of youth recreation for girls in the La Porte community, the City will provide limited use of the youth softball facilities as described in “Exhibit A", which is attached and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in January through the last weekend in November for each year or part of a year that this Agreement is in effect. Use of the youth softball facilities is available daily, from 7:00 a.m. until 11:00 p.m. each day. The Association shall have exclusive right and responsibility for scheduling, organizing, providing rules of conduct, and conducting youth softball league games, practice games, league/team practices, tournament games, and league playoff games at the youth softball facilities listed in Exhibit A. Said rules of conduct shall be in conformance with laws and ordinances of the State of Texas and the City of La Porte. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. II. The City will assume responsibility for maintenance of all structures located on City property at Little Cedar Bayou Park as set forth in this Agreement. Except for routine marking, dragging, watering, and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth softball facilities listed in Exhibit A. The Association will be responsible for routine marking, and field preparation of the youth softball facilities either existing or in the future. The present youth softball facilities covered in this agreement are those specific areas listed in "Exhibit Page 1 of 7 A". The City will manage all operations related to facility and grounds maintenance at the softball facilities designated in Exhibit A. The City has provided, with assistance from the Association, a concession/restroom facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and permanent attachments to said facility are the property of the City. Except as set out herein, the City agrees to maintain the concession/restroom, and storage structure’s various components including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Little Cedar Bayou Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Little Cedar Bayou Park arenot reserved and are available on a first-come, first-served basis. III. The Association agrees to operate the Concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth softball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages. The Association agrees to clean the restroom facilities, in addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use of the facilities to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion and the batting cage area of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concessionoperations, batting cage operations, and conduct of all its activities at the youth softball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A and at any future youth softball facilities located on City property. IV. Batting cages shall not be open for use by the general public by the Association under any circumstance, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other softball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to use the various youth softball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered Page 2 of 7 by this Agreement, the public shall have the right to play pickup softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. To the extent allowed by law the City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a maximum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude participants in the Association’s scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall maintain a written policy requiring criminal background checks by April 1, 2020. The adopted policy shall require that all board members, coaches, employees, and volunteers of the Association submit to a criminal background check on an annual basis. Page 3 of 7 X. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. XI. This instrument contains the entire Agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XII. The Initial Term of this Agreement shall be for a period, beginning with the date of its execution by both parties and extending until December 31, 2020. At the conclusion of the Initial Term the Agreement shall automatically renew for two (2) one-year Renewal Terms on January 1 of each successive year, unless either Party provides thirty (30) days written notice to the other party, before the end of the Initial Term or Renewal Term, as the case may be. During the initial Term or during any Renewal Term, either Party may terminate the Agreement without cause at any time by providing thirty (30) days written notice to the other party. During the term of this agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other girl’s softball facilities that may be contemplated in the City. XIII. The Association shall maintain a favorable financial position during the term of this agreement. The Association will provide an official annual reporton the Association’s fiscal condition to the City comprised of a combined expense statement/balance sheet as approved by the City’s controller and mutually agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. The Annual Report on the Association’s Fiscal Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association that the agreement is in danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the City’s satisfaction within that time, the agreement will be considered in Default. Page 4 of 7 XIV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. XV. any Nothing herein shall be construed as creating any personal liability on any part of officer, employee or agent of the City. The Parties agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or liability that the City has or may have by operation of law. The Partiesfurtheragree that noprovisionof this Agreement extends the liability of the City beyond the liability provided in the Texas Constitution and the laws of the State of Texas, including the Texas Tort Claims Act. Neither the execution of this Agreement nor any other conduct of CITY relating to this Agreement shall be considered a waiver of any right or defense under the Texas Constitution or the laws of the State of Texas, including the Texas Tort Claims Act. Page 5 of 7 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the ___th day of __________, 2020 by its City Manager and attested by its City Secretary, pursuant to affirmative vote of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the __th day of , 2020 by its Commissioner and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Girls Softball Association, authorizing such execution. CITY OF LA PORTE, TEXAS By: Corby D. Alexander, City Manager ATTEST: Lee Woodward, City Secretary LA PORTE GIRLS SOFTBALL ASSOCIATION By: Dickie Pollard, Commissioner ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 6 of 7 EXHIBIT A There are currently four (4) designated youth softball fields, one (1) combination concession/restroom facility, two (2) batting cages, and one (1) storage buildingcovered by this Agreement at the date of execution. Additional fields and facilities that may be added in the future shall be considered a part of this agreement by signature of both parties. The designated youth softball facilities covered by this agreement are as follows: LITTLE CEDAR BAYOU PARK At the date of execution of this agreement, there are four youth softball fields located at Little Cedar Bayou Park, 600 Little Cedar Bayou Drive, La Porte, Texas. La Porte #1- designated as the youth softball field located north of the restroom/concession facility, and south of the entrance to Little Cedar Bayou Park, coming east off Little Cedar Bayou Drive. La Porte #2- designated as the youth softball field directly south of La Porte #1, and south of the restroom/concession facility. La Porte #3- designated as the youth softball field directly south of La Porte #2, bounded on the west side by the Multi-purpose Soccer Field, on the east by the adult soccer field, and on the south by Bay Forest Golf Course. La Porte #4- designated as the youth softball field bounded on the west side by the adult soccer field, bounded on the north side by the Little Cedar Bayou Wave Pool, and on the south by Bay Forest Golf Course. Softball Concession/Restroom Facility - located between La Porte #1 and La Porte #2 as designated above. Youth Softball Batting Cages - located directly east of La Porte #3 and west of the adult soccer field, as designated above. Storage Building – located directly east of the youth softball batting cages and west of the adult soccer field, as designated above. Page 7 of 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Requested By: Source of Funds: N/A Jason Weeks, Asst. City Mgr. Department: Administration/CMO Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Agreement, Special Warranty Deed, IRS 501 c3 Tax- Budgeted Item: Yes No Exempt Determination Letter and Secretary of State Certificate of Formation SUMMARY At the 2017 City Council budget retreat held on April 22, 2017, the City Council discussed three items related to La Porte Cemetery 1) mowing, 2) property donation, and 3) road paving. The City Council considered conveying the City-owned parcel of land located at the northeast th corner of South 8 M to the cemetery to accommodate future growth of the cemetery. Staff has researched the history related to this parcel of land. On November 5, 2001 the City Attorney, Knox Askins presented Ethel Mae Smith an offer to purchase the parcel of land. At that time the fair market value of the property was $27,500 for the 1.14 acres. On January 15, 2002 the property was transferred to the City of La Porte. Current fair market value of the property is $149,000 ($3.00 psf), based on the size and configuration of th the lot, along with availability of existing utilities along S. 8 Street. Also, this parcel of land is zoned for general commercial and can be occupied by a number of office or retail uses as well as some minor office industrial operations. There is also a high probability that this site could be desirable for future single-family homes, if the required zone change were to be approved. th Additionally, there is a major sanitary sewer line that runs along S. 8 Street, which will require significant easements (30 ft) along those two streets. In February 2018, staff brought the land conveyance item to City Council for approval. However, the Assistant City Attorney noticed that the La Porte Cemetery Association was not classified as a 501 c-3 non-profit, which prevented the City from conveying the property to the cemetery. In November 2019, staff received all the paperwork necessary to move forward with the land conveyance. The La Porte Cemetery Association worked with the Internal Revenue Service for the creation of the 501 c-3 nonprofit corporation, Friends of La Porte Cemetery. According to Local Government Code 253.011, a municipality can transfer the land to the association, with exemption from bidding, as long as there is 1) an agreement between the parties that the land will be used for a public purpose (which our legal counsel has concluded that operation of a public cemetery meets this standard) and 2) the deed contains a reverter clause so that if the property ceases to be used as a cemetery the title transfers back to the City of La Porte. Attached to this agenda request is the Agreement and a Special Warranty Deed that meets these two requirements. Furthermore, the agreement specifies that the Friends of La Porte Cemetery, a Texas nonprofit corporation will be responsible for maintaining this property once deeded to them. If the City Council still wishes to convey this property to the cemetery, staff recommends approving the agreement with the La Porte Cemetery Association via Friends of La Porte Cemetery, a Texas nonprofit corporation and conveying the property to them with the expectation that the La Porte Cemetery Association and Friends of La Porte Cemetery will utilize the property for public purposes, not use the easement areas for earthen burials and shall maintain the property once deeded to them. RECOMMENDED MOTION I move to approve a reverter agreement and special warranty deed with the Friends of La Porte Cemetery, a Texas nonprofit corporation pertaining to the conveyance of approximately 1.14 acres of land noted as Lots 1-16, inclusive, in Block 1151, of Town of La Porte, a subdivision in Harris County, Texas to the La Porte Cemetery Association to be utilized for public purposes. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: FEBRUARY 10th, 2020 Grantor: City of La Porte, Texas, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Friends of La Porte Cemetery, a Texas nonprofit corporation Mailing Address: P.O. Box 1756, La Porte, Texas 77571 Consideration: Use of conveyed tract for public cemetery purposes and other good and valuable considerations Property (including any improvements): Lots One (1) through Sixteen (16), inclusive, in Block 1151, of TOWN OF LA PORTE, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320 of the Deed Records of Harris County, Texas, RESERVATION OF A SANITARY SEWER EASEMENT ALONG THE ENTIRE EXTENT OF THE SOUTHERN AND WESTERN PROPERTY LINES OF THE CONVEYED PROPERTY, AND WHICH SANITARY SEWER EASEMENT SHALL EXTEND FROM SAID SOUTHERN AND WESTERN PROPERTY LINES OF THE CONVEYED PROPERTY THIRTY (30) FEET INTO THE INTERIOR OF THE CONVEYED PROPERTY. GRANTEE SHALL BE PROHIBITED FROM ERECTING OR PLACING ITEMS OR STRUCTURES OF ANY TYPE ON THE SURFACE AND WITHIN THE SUBSURFACE PORTION OF THE EASEMENT AREA. Use of Property for public cemetery purposes; reverter: In accordance with Texas Local Government Code Section 253.011 this conveyance is subject to the condition that the Property is to be used for the public purpose of operating a public cemetery and thereafter to be used solely for public cemetery purposes. Grantee is to hold the Property while, and for so long as, the property is used for the purposes of operating a public cemetery and is properly maintained. If and when the Property is ever used for purposes other than a public cemetery or is abandoned by Grantee, its successor or assigns, or the Property is not properly maintained, this conveyance shall be null and void, and title to the Property shall absolutely and automatically revert to Grantor, its successors and assigns, without the necessity of re-entry or suit; and no act or omission on the part of Grantor or its successors and assigns shall be or constitute a waiver of the operation of this provision. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year, to the extent applicable, are assumed by Grantee. This conveyance is made subject and all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CITY OF LA PORTE, TEXAS By: __________________________________________ LOUIS R. RIGBY Mayor ATTEST: ___________________________________ City Secretary STATE OF TEXAS § § COUNTYOF HARRIS § This instrument was acknowledged before me on the 10th day of FEBRUARY, 2020, by LOUIS R. RIGBY, Mayor of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Askins & Askins, P.C. Askins & Askins, P.C. P.O. BOX 1218 P.O. BOX 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this 10th day of FEBRUARY, 2020, by and between the City of La Porte, Texas, a municipal corporation, having an address of 604 W. Fairmont Pkwy., and the Friends of La Porte Cemetery, a Texas nonprofit corporation, having an address of P.O. Box 1756, La Porte, Texas 77571. RECITALS A. WHEREAS Texas Local Government Code Section 253.011 authorizes a municipality with a population less than 1.9 million to transfer real property to a nonprofit organization, without complying with the notice and bidding requirements of Local Government Code Section 272.001(a) or other law, conditioned on the execution of a Reverter Agreement wherein the nonprofit organization promises to use the property B. WHEREAS the Reverter A provision that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose and that further provides that ownership of the property automatically reverts to the municipality if the nonprofit organization at any time fails to use the property in such a manner. C. WHEREAS the City of La Porte owns in fee simple real estate described as Lots 1 through 16, Block 1151, Town of La Porte, and located adjacent to property currently used as a public cemetery and commonly known as the La Porte Cemetery. D. WHEREAS the City of La Porte has determined that the Property is surplus property, and due to its proximity to the La Porte Cemetery, would best serve the needs of the citizens of La Porte if utilized in connection with the operation of a public cemetery. E. WHERAS the Friends of La Porte Cemetery has expressed its desire to acquire the Property from the City of La Porte for use as a public cemetery. F. WHEREAS the City of La Porte is only willing to convey the Property to the Friends of La Porte Cemetery on the condition that Friends of La Porte Cemetery execute a Reverter Agreement wherein it promises to use the Property for the public purpose of operating a public cemetery. G. WHEREAS the City of La Porte finds that Friends of La Porte Cemetery is an organization that is exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended, and that the La Porte Cemetery is a public cemetery. NOW THEREFORE, in consideration of the transfer of the Property to the Friends of La Porte Cemetery and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Section 1. In accordance with Texas Local Government Code Section 253.011 the City agrees to convey to Friends of La Porte Cemetery that certai pursuant to a Deed of even date herewith between the City and Friends of La Porte Cemetery with right conferred to Friends of La Porte Cemetery to own and occupy the Property so long as and on the condition that the Property 1) is used by the Friends of La Porte Cemetery for the public purpose of operating a public cemetery and 2) is properly maintained. Section 2. In the instance that the Property is ever used for a purpose or function other than for public cemetery purposes or is abandoned by Friends of La Porte Cemetery, or should the Property not be properly maintained, then title to the Property shall absolutely and automatically revert to the City of La Porte. For such purposes Friends of La Porte Cemetery expressly agrees that upon the occurrence an event causing title to revert to the City of La Porte it shall not be required that the City of La Porte file suit or re-enter the property, and furthermore, Friends of La Porte Cemetery agrees that no act or omission on the part of any beneficiary of this clause shall be a waiver of the operation of this provision. Section 3. In the event the Property reverts to the City of La Porte under the terms of this Agreement and the Deed executed in connection therewith, then if necessary, Friends of La Porte Cemetery will provide a warranty deed to the Property in form and substance acceptable to City of La Porte, evidencing the re-conveyance of the Property. Section 4. Friends of La Porte Cemetery agrees that conveyance of the Property is expressly subject to the terms of this Agreement and the Deed executed by the City of La Porte in connection therewith. Section 5. Friends of La Porte Cemetery will not place any additional liens or encumbrances on the Property except as consented to by the City of La Porte, and in accordance with the reservation of a thirty (30) foot sanitary sewer easement contained in the aforementioned Deed, refrain from placing any items or structures on the surface or in the subsurface portion of the easement area, including but not limited to the erection of headstones or grave markers, and the interment of remains below the surface. Section 6. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. Section 7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Section 8. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. CITY OF LA PORTE, TEXAS ________________________ By: Louis R. Rigby, Mayor ATTEST ___________________________ City Secretary STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on 10th day of FEBRUARY, 2020, by Louis R. Rigby, Mayor of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas FRIENDS OF LA PORTE CEMETERY _____________________________________ By: Debbie Grasso, President of the Friends of La Porte Cemetery STATE OF TEXAS § § COUNTY OF HARRIS § th This instrument was acknowledged before me on 10 day of FEBRUARY, 2020, by Debbie Grasso, president of the Friends of La Porte Cemetery, a Texas nonprofit corporation. ____________________________________ Notary Public, State of Texas EXHIBIT A Lots One (1) through Sixteen (16), inclusive, in Block 1151, of TOWN OF LA PORTE, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320 of the Deed Records of Harris County, Texas, SUBJECT TO RESERVATION OF A SANITARY SEWER EASEMENT ALONG THE ENTIRE EXTENT OF THE SOUTHERN AND WESTERN PROPERTY LINES OF THE CONVEYED PROPERTY, AND WHICH SANITARY SEWER EASEMENT SHALL EXTEND FROM SAID SOUTHERN AND WESTERN PROPERTY LINES OF THE CONVEYED PROPERTY THIRTY (30) FEET INTO THE INTERIOR OF THE CONVEYED PROPERTY. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Requested By: Corby Alexander Source of Funds: N/A Department: Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: Budgeted Item: Yes No Petition to Revoke Business Permit; Notice to Permit Holder of Petition and Hearing SUMMARY On January 29, 2020 at approximately 3:06 pm Detectives of the La Porte Police Department The Police Department arrested an employee for violation of the City of La Porte Code of Ordinances Section 22-423 (a). Section 22-423 (b) of the City of La Porte Code of Ordinances allows the City to revoke the massage business permit operation. Specific language follows below: Sec. 22-423. - Suspension and revocation of permits (a) A massage business permit may be revoked or suspended in any case where any of the provisions of this article are violated, or where any licensee or employee of the licensee is engaged in any conduct which violates any of the state laws or city ordinances at the permittee's place of business, including, but not limited to, working without a state license, engaging in sexual contact with customers, or working in the nude, and the permittee has actual or constructive knowledge thereof by due diligence. The revocation proceedings shall be as prescribed by subsection (b) of this section. (b) A massage business permit may be revoked or suspended by the city council after notice and hearing for any cause set forth in this section. The director of planning and development or his authorized agent shall initiate such proceedings by petition to the city secretary in writing setting forth specifically the grounds for revocation or suspension, and if a suspension, the length of time for which such suspension is requested. A copy of such petition shall be mailed to the last known address of the permit holder. Notice of the time and date of the hearing, again setting forth the specific grounds upon which the director of planning and development's petition is based, shall be given in writing by the city secretary through certified United States mail to the permittee at his last known address at least five days prior to the date set for such hearing. The city council shall, by a majority vote, determine whether or not such permit shall be revoked or suspended, and such action shall be final and conclusive. Staff requests City Council hold a hearing to receive comment regarding the request to revoke the massage business permit issued to the owners and operators of the business for Perfect Massage located at 11001 C Fairmont Parkway for violation of Section 22-423(a) of the City of La Porte Code of Ordinances, followed by discussion and possible action to revoke the massage business permit issued to the owners and operators of the business for Perfect Massage. RECOMMENDED MOTION I move to revoke the massage business permit for Perfect Massage located at 11001 C Fairmont Parkway, La Porte, Texas 77571. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 10, 2020 Requested By: Matt Daeumer, Asst. Chief Source of Funds: N/A Department: Police Account Number: N/A Amount Budgeted: N/A Report Resolution Ordinance Amount Requested: N/A Exhibits: 2019 Racial Profiling Report Budgeted Item: Yes No SUMMARY The attached report is provided in accordance with Article 2.132 (7) of the Texas Code of Criminal Procedures. The Code requires that the police department annually report, to its governing body, data collected on the race or ethnicity of individuals stopped for traffic violations and subsequently cited, searched and/or arrested. The report indicates that the La Porte Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training, and the collection of data in compliance with the law. As a result of this analysis, and the listed statistics, it is believed that the officers of the La Porte Police Department are operating appropriately and without bias relating to individual violator race, ethnicity, or national origin. RECOMMENDED MOTION Acceptance of the 2019 La Porte Police Department Racial Profiling Report as presented by the Chief of Police. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Council Agenda Item February 10, 2020 8 (b) Receive report of the Drainage and Flooding Committee Meeting Councilmember Jay Martin