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HomeMy WebLinkAbout04-13-20 Regular Meeting of the La Porte City CouncilLOUIS R. RIGBY Mayor BRANDONLUNSFORD CouncilmemberAt Large A STEV E G I L L ETT CouncilmemberAt Large B DANNY EARP Cauncilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Councilmember District 2 BILL BENTLEY Mayor Pro -Tern Cauncilmember District 3 THOMAS GARZA Cauncilmember District 4 JAY MARTIN Cauncilmember District 5 NANCY OJ EDA Cauncilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held April 13, 2020, beginning at 6:00 PM in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas , for the purpose of considering the following agenda items. All agenda items are subject to action. To attend the meeting remotely, via the Zoom meeting app, use the link https://zoomus/j/542772053, with Meeting ID 542 772 053. To attend by phone only, dial 888-475-4499 or 877-853-5257, both are toll -free in the U.S. CALL TO ORDER 2. INVOCATION — The invocation will be given by Philip Dunn of Lighthouse Baptist Church. PLEDGES — Will be led by Councilperson Nancy Ojeda. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Proclamation in recognition of National Public Safety Telecom m unicators Week. [Mayor Rigby] (b) Proclamation in recognition of National Volunteer Week. [Mayor Rigby] (c) Proclamation in recognition of National Animal Control Officers Appreciation Week. [Mayor Rigby] 4. CITIZEN COMMENT (Generallylimited to five minutes per person; in accordance vuth state law, the time may be reduced if there is a high number of speakers or other considerations.) 5. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance vwth 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 special meetings on March 20, 2020 and March 30, 2020 and the regular meeting on March 23, 2020. [Mayor Rigby] (b) Approve Ordinance 2020-3788 to adopt proposed updates to the City of La Porte Water Conservation Plan. [Ray Mayo, Director of Public Works] (c) Adopt Resolution 2020-07 authorizing the resale of tax delinquent property described at Tract 1, Lot 38, Block 10 of Battleground Estates, Section 2, a Subdivision of Harris County, Texas. [Shelley Wolny, Treasurer] (d) Adopt Resolution 2020-08 authorizing the resale of tax delinquent property described as Tract 1, Lots 20 & 21, Block 1 of Pinegrove Valley, a Subdivision of Harris County, Texas. [Shelley Wolny, Treasurer] (e) Adopt Resolution 2020-09 authorizing the resale of tax delinquent property described as Tract 1, Lots 24, 25 & 26, Block 88 of Bay Front Addition to the Town of La Porte. [Shelley Wolny, Treasurer] (fJ Approve the issuance of a pipeline permit to Baymark Pipeline LLC for the construction of a 12" ethylene pipeline within the City of La Porte. [Lorenzo Wingate, Assistant Director of Public Works] 6. STATUTORY AGENDA (a) Presentation, discussion, and possible action to approve a temporary water service agreement with Enterprise Products, LLC. [Ray Mayo, Director of Public Works] (b) Presentation, discussion, and possible action to provide direction concerning the recently passed Families First Coronavirus Response Act (FFCRA). [Matt Hartleib, HR Manager] (c) Presentation, discussion, and possible action to adopt Ordinance 2020-3783, for the purpose of vacating, abandoning, and closing a portion of the N. 8th Street right-of-way situated in Block 12, Nebraska Syndicate, and reserving an easement for City utilities. [Corby Alexander, City Manager] 7. ADMINISTRATIVE REPORTS • City Council meeting, April 27 • City Council meeting, May 11 • City Council meeting, May 25 8. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 9. EXECUTIVE SESSION (a). City Council will meet in closed session pursuant to Texas Government Code Section 551.074 - personnel matters - for deliberation related to the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - regarding Municipal Judge Denise Mitrano. 10. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 11. ADJOURN If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. CERTIFICATE I, Lee Woodward, City Secretary, do hereby certify that a copy of the April 13, 2020, City Council agenda was posted on the City F-bll bulletin board, a place convenient and readily accessible to the general public at all tirres, and to the City's website, www.LaWrteTXgov, in corrpliance with Chapter 551, Texas Governrrent Code. DATE OF POSTING TIME OF POSTING TAKEN DOWN Lee Woodward, City Secretary rortamatton Office of the vapor 1HEREAS, emergencies can occur at any time that require police, fire or emergency medical services, and when an mergency occurs, the prompt response of the police officers, firefighters and paramedics is critical to the protection f life and preservation of property; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained from citizens who telephone the La Porte Police and Fire Communications Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services and are the single most vital link for our police officers, firefighters, and paramedics by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Dispatchers of the La Porte Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of theirjob in the past year; NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 12 through 18, 2020, as Pational Public *af etp-Telecommunicatorg Veep In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of April, 2020. CrCitp of la J)orte Louis R. Rigby, Mayor rortamatton Office of the vapor 1HEREAS, the entire community can inspire, equip, and mobilize people to take action that changes the world, as Dlunteers connect with local community service opportunities through hundreds of community service rganizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference and find that the giving of oneself in service to another empowers both the giver and the recipient; and WHEREAS, during this week all over the nation volunteers will be recognized for their commitment to service; and WHEREAS, our La Porte Citizen Police Academy Alumni Association provided 6,612 hours of volunteer service to the City of La Porte last year, making possible countless meaningful community initiatives; and WHEREAS, these volunteers are recognized as a great treasure to our community and an essential part of our future as a caring and productive city; and NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 19 through 25, 2020, as In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of April, 2020. CCitp of 7a Vorte Louis R. Rigby, Mayor rortamatton Office of the vapor /HEREAS, the National Animal Control Association has designated the second week of April each year as Animal ontrol Officer Appreciation Week; and /HEREAS, various federal, state, and local government officials throughout the country take this time to recognize, thank and commend all Animal Control officers and staff for the dedicated service they provide to various public safety and public service agencies and departments across the country, and WHEREAS, the City of La Porte Animal Control officers and staff provide outstanding service on a daily basis to the residents of the City; and WHEREAS, Animal Control officers and staff dedicate many long hours of service to this community and fulfill the Animal Control Department's commitment to providing the highest and most efficient level of customer service; and WHEREAS, the service provided by the Animal Control officers and their staff is in keeping with the long and distinguished tradition of the animal control profession. NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 12 through 18, 2020, as In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13th day of April, 2020. CCItp of la J)orte Louis R. Rigby, Mayor LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 20, 2020 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a special meeting on Friday, March 20, 2020, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 3:00 p.m., with the following in attendance: Councilpersons present: Brandon Lunsford, Steve Gillett, Danny Earp, Bill Bentley, Thomas Garza, Jay Martin Councilpersons absent: Louis Rigby, Nancy Ojeda, Chuck Engelken Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mavor Pro-Tem Bentlev called the meetina to order at 3:00 o.m. 2. 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.) Chuck Rosa spoke in opposition to the extension of the disaster declaration and any postponement of the May 2, 2020, election. 3. STATUTORY AGENDA (a) Presentation, discussion, and possible action to approve the extension of the March 13, 2020 Disaster Declaration for the City of La Porte, Texas, resulting from COVID-19 (novel coronavirus). [Corby Alexander, City Manager] Councilperson Gillett moved to approve the Extension of Disaster Declaration rextending the disaster declarationl issued by the Mavor on March 13, 2020, amended to continue until April 3, 2020, at midnight, unless renewed by the City Council, the motion was adopted, 6-0. 4. 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. There was no comment. ADJOURN — Without obiection. Mavor Pro-Tem Bentlev adiourned the meetina at 3:41 o.m. Lee Woodward, City Secretary Page 1 of 1 March 20, 2020, Council Meeting Minutes LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 30, 2020 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of La Porte met in a special meeting on Monday, March 30, 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, Steve Gillett, Thomas Garza Councilperson attending remotely: Danny Earp, Chuck Engelken, Bill Bentley, Jay Martin, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER — Mayor Rigby called the meeting to order at 6:00 p.m. 2. INVOCATION AND PLEDGES — The invocation was given by Clark Askins, Assistant City Attorney, and the pledges of allegiance to the U.S. and Texas flags were led by Councilperson Danny Earp. 3. 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.) Chuck Rosa spoke in opposition to the extension of the disaster declaration and some provisions of the juvenile curfew and in support of a May election date. Ti O'Daniel thanked the Council for their service and inquired if the City had implemented its emergency pay plan. 4. STATUTORY AGENDA (a) Presentation, discussion, and possible action to approve an extension of the disaster of declaration issued by the Mayor on March 13, 2020, in connection with COVID-19. [Corby Alexander, City Manager] Councilperson Oieda moved to approve an extension of Disaster Declaration issued by the Mayor on March 13, 2020, and any orders, rules, and regulations issued by the Mayor pursuant thereto rto continue in effect until such time as the COVID-19 Disaster Declaration issued by Texas Governor Greg Abbott on March 13, 2020, expires or is withdrawn, unless sooner terminated by executive order of the Mayor or by the City Councill. Councilperson Garza moved to amend to require that the Bay Forest Golf Course be closed while the City's Disaster Declaration is in effect. The motion to amend was not seconded and was not considered. The main motion was adopted, 8-1, Councilperson Garza voting against. (b) Presentation, discussion, and possible action to adopt Ordinance 2020-3785, extending the City's Juvenile Curfew Ordinance, as amended, for an additional three-year term. [Steve Deardorff, Chief of Police] Councilperson Garza moved to adopt Ordinance 2020-3785 for a Juvenile Curfew as amended, with an amendment to insert rin Section 42-74 (13)1 a defense to prosecution to be that a business must receive a warning letter before beina ticketed for an offense. for an additional three-vear term. Page 1 of 2 March 20, 2020, Council Meeting Minutes Councilperson Gillett moved to amend by striking Section 3 of the ordinance. The motion to amend was not adopted, 3-6, Councilpersons Lunsford, Gillett, and Garza voting in support. The main motion with amendment rby Councilperson Garzal was not adopted, 3-6. Councilpersons Lunsford, Gillett, and Garza voting in support. Councilperson Engelken moved to adopt Ordinance 2020-3785 for a Juvenile Curfew as amended, for an additional three-year term; the motion was adopted, 7-2, Councilpersons Lunsford and Garza voting against. 5. ELECTION MATTERS (a) Presentation, discussion, and possible action to adopt Ordinance 2020-3787, revising the order of election for the May 2, 2020, general election, to consolidate polling locations or to move the election date. [Mayor Rigby] Councilperson Bentley moved to maintain the polling locations as they exist rtwo for early voting, three on election dayl. The motion was ruled out of order in that it was not a change to the order of election ordinance as it exists now. Councilperson Oieda moved to adopt Ordinance 2020-3787 amending the order of election for the May 2, 2020, General Election in order to postpone to November 3, 2020, or a date made available by the state before that date; the motion was adopted, 8-1, Councilperson Martin voting against. 6. 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 thanked the Council for their work tonight; supported protecting the citizens of La Porte; encouraged the protection of the City's employees with necessary precautions and personal protective equipment; shared the sentiment behind #StayStrongLaPorte; reminded all that the difficult decisions made tonight were health decisions; offered encouragement to the Council candidates and commended them for their behavior thus far; and wished for safety for all. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 7:52 p.m. Lee Woodward, City Secretary Page 2 of 2 March 20, 2020, Council Meeting Minutes LOUIS RIGBY Mayor BRANDON LUNSFORD Councilperson At Large A STEVE GILLETT Councilperson At Large B DANNY EARP Councilperson District 1 CHUCK ENGELKEN Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 23, 2020 BILL BENTLEY Councilperson District 3 Mayor Pro-Tem THOMAS GARZA Councilperson District 4 JAY MA RTI N Councilperson District 5 NANCY OJEDA Councilperson District 6 The City Council of the City of LaPorte met in a regular meeting on Monday, March 23, 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, Steve Gillett, Thomas Garza, Jay Martin Councilpersons attending remotely: Danny Earp, Chuck Engelken, Bill Bentley, Nancy Ojeda Councilpersons absent: None Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney ii W41-A1I M COX61 :111 =1 ;M • FiRM::1RW59I WeM a - - Me • • .[�iFi%3[iI• . u 2. INVOCATION AND PLEDGES — The invocation was given remotely by Minister Alicia Green, Pleasant Hill Church of Deliverance, and the pledges of allegiance to the U.S. and Texas flags were led by Councilperson Danny Earp. 3. 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.) David Janda spoke in concern of a November election date and offered suggestions to mitigate public health concerns. Chuck Rosa said La Porte was experiencing communism, in opposition to moving the May election date. Mayor Rigby reminded the Council that the adopted parliamentary authoritywas Robert's Rules of Order, which provides for each member to be recognized twice for no more than ten minutes each time, on each question. 4. 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 regular session held on March 9, 2020. [Mayor Rigby] b. Approve the continuance of utilizing Gall's for the purchase of La Porte Police Department uniform items under Buy Board Contract #587-19. [Steve Deardorff, Chief of Police] Councilperson Engelken moved to approve the consent agenda; the motion was adopted, 9-0. PUBLIC HEARINGS a. The City Council will hold a public hearing to receive comments regarding adoption of Ordinance 2020-3785, extending the Juvenile Curfew Ordinance as written for an additional three- (3-) year term. [Steve Deardorff, Chief of Police] Mayor Rigby opened the public hearing at 6:22 p.m. Police Chief Steve Deardorff gave a brief presentation. Kyle Roebuck spoke in support of the ordinance and supported sending it to local businesses. Mayor Rigby closed the public hearing at 6:44 p.m. The item was not posted for action and will come back at a future meeting. Page 1 of 3 March 23, 2020, Council Meeting Minutes 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to award RFP #20503 for Delinquent Ad Valorem Tax Collection Services. [Michael Dolby, Finance Director] Councilperson Earp moved to cancel this RFP and go out again without including information from other cities; the motion was adopted, 6-3, Councilpersons Gillett and Martin and Mayor Rigby voting against, b. Presentation, discussion, and possible action on the 2020 annual evaluation process for City Council appointed employees of the City of La Porte. [Mayor Rigby] Councilperson Garza moved to suspend the rules and take up 6b after item 7a; the motion was adopted, 9-0. Councilperson Garza moved to direct the Human Resource Manager to revise the process for the 2020 evaluations for the City Manager, City Secretary, and Municipal Judge to hold the evaluations before the May 2 election and annually thereafter plater clarifying that the employees' anniversary dates would not changel. Councilperson Gillett moved to amend the motion so that outgoing Councilpersons would provide evaluations and the employees' review and anniversary dates would not be changed. The amendment was adopted, 9-0. The main motion, as amended, was adopted, 9-0. c. Presentation, discussion, and possible action to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting an item 6.06 (F) relating to the limits of debate. [Mayor Rigby] Councilperson Garza moved to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting new language as 6.06 (F) to eliminate the general limits of debate; the motion was not seconded. Councilmember Garza moved to adopt Ordinance 2020-3786 amending the City Council Rules of Procedure by inserting new language as 6.06 (F) to allow a total of twenty minutes per member per question. The motion did not receive a second and was not considered. ELECTION MATTERS a. Presentation, discussion, and possible action to postpone the May 2, 2020, General Election to November 3, 2020, as per the provisions to Governor Abbott's March 18, 2020, proclamation and the direction of the Texas Secretary of State. [Mayor Rigby] Councilperson Garza moved that the City Council direct staff to keep the May uniform election date and consolidate election precincts to City Hall, and have the staff bring forward for consideration an ordinance to amend the order of election. Councilperson Oieda moved to amend by striking to keep the May uniform election date and consolidate election precincts to City Hall and insert Option 5 rto move to November and contract with Harris County, while keeping open the option of other election dates, if offered and palatablel. Councilperson Garza appealed from the decision of the chair that the amendment was germane; the decision was sustained, 5-4, Councilpersons Garza, Gillett, Lunsford, and Bentley voting against. The amendment did not receive a second and was not considered. The main motion was adopted, 7-2, Councilpersons Gillett and Oieda voting against. Without objection, the Council agreed to meet for a special session on March 30 to amend the order of election. 8. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment meeting, March 27 • Drainage and Flooding Committee meeting, April 13 • City Council meeting, April 13 Page 2 of 3 March 23, 2020, Council Meeting Minutes • City Council meeting, April 27 Mr. Alexander thanked the IT Department for their diligence in providing the remote access options. He proposed that the budget retreat be rescheduled for May 9. Mr. Alexander noted the staff was keeping abreast of the COVID-19 recommendations and that staffing changes may be enacted. 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 thanked the members and City staff for the remote meeting participation and social distancing precautions; encouraged adherence to the hygiene recommendations; asked that updates to the City website and social media platforms continue to be kept current; wished good health to all; thanked the Mayor and City leadership for their work during these trying times; noted that it's respectful to maintain efficient meeting practices; urged candidates to work in the confines of the current conditions; felt it was responsible to push back the budget retreat; asked the Council to consider including the successful candidates from the election in the budget retreat; expressed concern for the employees and citizens; urged all to use good judgement in preparing for COVID-19; asked for reconsideration of the number of times members were able to speak on an item; noted the meeting was somewhat unprecedented; confirmed that the disaster declaration would be on the special meeting agenda for March 30; recognized how the community was turning out to support local restaurants and businesses; announced the Harris County Judge would be providing an additional order in the morning; the Mayor let the public know the ways in which he has been in touch throughout the current disaster and offered words of optimism and resilience. ADJOURN — Without objection, Mayor Rigby adjourned the meeting at 9:25 p.m. Lee Woodward, City Secretary Page 3 of 3 March 23, 2020, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Ray Mayo, Director Department: Public Works Report �r Resolution Ordinance Exhibits: 2015 Water Conservation Plan, Proposed 2020 Conservation Plan with markups, Final 2020 Version with attachments and Draft Ordinance Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY Texas Administrative Code, Title 30, Part 1, Chapter 288.2 requires a review and update every five (5) years to La Porte's Water Conservation Plan. City Council last adopted this plan on March 9, 2015. The five year update is used to measure the effectiveness of the current plan and develop future 5-year and 10-year goals. The intent of a water conservation plan is to achieve an overall reduction in per -capita use and a reduction in waste of water resources. All water providers throughout Texas that have more than 3,300 retail connections are required to develop a Water Conservation Plan, submit annual reports and submit five- year updates to the plan. Five-year updates are required to be adopted by the governing body as an ordinance or resolution. Highlights of the changes were administrative in nature, such as new language requirements for water conservation plans or numerical changes from usage patterns, as noted in future 5 and 10 year goals (goals are non -enforceable). Minor changes were made in the Education section to demonstrate more reliance on website or electronic media usage. The remainder of the changes were for grammar or clarity. Staff has included a "marked up" copy as reference to these changes. RECOMMENDED MOTION Water I move to adopt Ordinance 2020-3788 updating the 2020 La Porte Water Conservation Plan. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE 2020-3788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING AND AUTHORIZING AMENDMENTS TO THE CITY OF LA PORTE WATER CONSERVATION PLAN; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City of La Porte is required by Texas Administrative Code, Title 30, Partl, Chapter 288, to develop and maintain a Water Conservation Plan; and WHEREAS, The City of La Porte has maintained a Water Conservation Plan since 1987; and WHEREAS, The Texas Water Development Board requires five-year updates to said plan; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The City Council of La Porte hereby approves and authorizes amendments to the City of La Porte Water Conservation Plan, and a copy of which amended plan is on file in the office of the City Secretary. Section 2. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any provision contained herein is hereby repealed to the extent of any conflict. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance; and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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. PASSED and APPROVED this, the 13'h day of April, 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 Revised 2020 A. PURPOSE AND INTENT The purpose of a Water Conservation Plan is to reduce the quantity required for each water using activity, insofar as is practical, through the implementation of efficient water use practices, The plan defines objectives and specific targets to reduce the loss and waste of water resources and improve efficiency in the use of water. Many communities throughout the United States have used conservation measures to successfully cope with various water and wastewater problems. Reduction in water use as much as 25% or more have been achieved, but the normal range is from 5 to 15%, As a result of reduced water use, wastewater flows have also been reduced by 5to 10%. Nine (9) principal water conservation methods to be considered in preparing-.7, water conservation plan are as follows: Education and Information 2, Plumbing codes for new construction 3. Retrofit programs 4. Conservation oriented water rate structures 5. Universal metering and meter repair and replacement 6. Water conserving landscaping T Leak detection and repair 8. Recycling and reuse 9. Means of implementation and enforcement The City of La Porte holds regular City Council meetings on the second and fourth Monday of each month. The meetings are open to the public, and citizens are free to speak on any subject during the portion of the meeting designated for this purpose, 1. La Porte-Bayshore Chamber of Commerce 2. Homeowner's Associations 3. Various civic and religious organizations Revised 2020 1. System Audit-. a. Average, seasonal, peak use patterns. Figure I illustrates average, seasonal and peak use patterns. Historical use data indicates that the City of La Porte follows most cities in having higher average water use in the summer months from lawn watering. The peak to average use, ratio (average daily summer use divided by average annual daily use) is 44-9-1 , 09, This ratio is relatively low because of the very humid climate and high average rainfall the area receives. b. Unaccounted water volumes and likely causes. Figure 1 also illustrates the relationship between water production and sales. The difference between production and sales can typically be attributed to all or some of the following: 1. Flushing of water mains 2. Fire fighting 1 Inaccurate metering 4. System leaks 5. Unauthorized water use 6. Unmeter'ed water use Adequacy of treatment, storage, and distribution system. The surface water is purchased by the City from the La Porte Area Water Authority, The remaining 10% of their water needs are supplied from groundwater wells. The water is tested on a regular basis in accordance with all state and federal regulations. The City of La Porte currently has adequate storage facilities required to meet TCEQ requirements and currently is classified as a "Superior Public Water System", The City of La Porte does not operate a surface water reservoir therefore an operations plan is not a component of this water conservation plan. Limit of existing supply/potential new sources. It is apparent from the systems audit that the City of La Porte is very capable of providing water to its customers from groundwater sources. IIn addition, the distribution and transmission systems are adequate to supply its needs for several years. With the conversion to surface water, the adequacy of groundwater supplies to meet peak load demands in any drought contingencies that might occur are apparent. However, due to the constraints imposed by the Harris -Galveston Subsidence District on groundwater withdrawal, these sources will only be used to supply peak demand in possible drought contingencies. e. Wastewater collection and treatment system. Currently, the City of La Porte treats the bulk of its, own wastewater. The remainder of the La Porte wastewater flows is pumped to a regional wastewater facility owned by the Gulf Coast Waste Disposal Authority. Revised 2020 2, System Problems:. The City of La Porte currently has no serious water supply problems,. The storage and distribution systems are adequate to supply surface water to its customers through the La Porte Area Water Authority from the City of Houston Southeast Water Purification Plant. E, ArrERNATIVES: Water conservation methods are typically divided into two (2) categories, Demand Management Methods and Supply Management Methods. Demand Management Methods deal with water use on the downstream side of a customer meter. Demand management provides for education or incentives to reduce the water use by the consumer. This method of conservation generally results in a decrease in water revenues because less water is purchased from the City. Supply Management Methods deals with the utflity's water system upstream of the customer's meter. The goal of supply management is to improve efficiency and reduce waste within the production, treatment, and distribution system. Supply management Usually results in decreased costs to the utility as water losses in the system are reduced. 1. DEMAND MANAGEMENT ALTERNATIVES Education and Information: The most readily available and lowest cost method of promoting water conservation is to inform water users about ways to save water inside homes and other buildings, in landscaping and lawn uses, and in recreational uses. An effective education and information program can be easily and inexpensively administered by the City of La Porte. Materials available from, the American Water Works Association, Texas, Water Development Board, and other like associations are made available to its customers throwqh-4aiRd-outs maii out-, and ether SGUFGe . The City of La Porte can utilize its website and quarterly newsletters to provide links and informative information concerning water conservation. IN rr oftl -0 MINX.- ................. 1-01-1 b. Plumbing Codes� Water saving plumbing codes for new construction and for replacement of plumbing in existing structures may be adopted. The standards recommended by the Texas Water Development Board represent readily available technologies and do not involve additional costs when compared with, "standard" fixtures. Water conserving plumbing codes are adopted for this cause. The City of La Porte utilizes standard codes whenever possible. Revised 2020 C, Retrofit Programs-, The City makes information available through its education program for plumbers and customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances. Information regarding retrofit devices such as low -flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances should also be provided. Water Rate Structures: A water conservation oriented rate structure usually takes the form of all increasing block rate, although continuously increasing rate structures, peak. or seasonal load rates, excess use fees, and other rate forms can be used. The increasing block rate structure is the most commonly used water conservation rate structure. Separate rate structures are usually used for commercial, institutional, and industrial customers. The City of La Porte uses a form of increasing block rate structure. Water Conserving Landscaping: In order to reduce the demands placed on a water system by landscape watering, the city or utility should consider methods that either encourage, by education and information, or require, by code or ordinance, water conserving landscaping by residential customers and' commercial establishments engaged in the sale or installation of landscape plants or watering equipment. Because the City of La Porte is located on the Gulf Coast, it has a very high annual average rainfall. The need for outdoor watering is not as high as for arid climates. Agricultural land in the area is not irrigated. Although not made a specific section of the Conservation Plan, water conserving landscaping information will be made available through the Information/Education Section. 2SUPPLY MANAGEMENT ALTERNATIVES a. Universal Metering All public water supply utilities should master meter their water sources. In addition, all users, including the utility itself, should be metered. A regularly scheduled maintenance program of meter repair and replacement also needs to be established to ensure that proper metering is taking place. Metering and meter repair and replacement, can be used in conjunction with other programs such as leak detection: and repair and, thereby, save significant quantities of water. All sales in the City of La Porte are metered. Currently, the City of La Porte has a regular metier repair and replacement program with production meters being tested yearly. Revised 2020 Leak Detection and Repair: A continuous leak detection, location, and repair program can be an important part of a water conservation plan. Utility employees for the City of ILa Porte periodically check for leaks when reading meters and while (performing regular maintenance. Major leaks are usually quickly detected by either city employees or customers and are repaired immediately. Soil in the area is generally clay and, therefore, leaks show up at the ground surface quite readily. Leak detection technology is .also available in, the form of electronic sonic devices., C. Recycling and Reuse: A city or utility should evaluate the potential of recycling and reuse because these methods may be used to increase water supplies in the utility's service area. Reuse can be especially important where the use of treated effluent from an industry or a municipal system, or agricultural return flows replace an existing use that currently requires fresh water from a city's or utility's supply. Recycling of in - plant process or cooling water can reduce the amount of fresh water required by many industrial operations. Currently, the City of La Porte has a water reuse program (Reclaimed Water Authorization #R10206001). Because of its size and daily flows, the reuse of treated effluent for treatment plant process and washdown water has proven quite economical for the City of La Porte. The City of La Porte's municipal golf course along with one of the City parks, are irrigated with plant effluent. This reuse program results in a savings of approximately 100,000,0010 gallons of potable water per year. PLAN OBJECTIVES To reduce water consumption from levels that would prevail without conservation efforts To reduce the loss and waste of water To improve efficiency in the use of water To implement a system to quantify the effects of the plan In accordance with 30 TAC Chapter 288.2, the following five and ten year targets have been established: See Attached Table Revised 2020 Facility Name: City of La Porte Water Conservation Plan Year: 2020 Historic Syr Average Baseline 5-yr Goal for year 2026 1 0-yr Goal for year 200 Total GPCD 108 12,2 107 106 Residential GPCD 2 66 1 78 65 64 Water Loss (GPCIDi' 14 16 13 12 Water Loss (Percentage)4 13% 13% 12% 11 % 1. Total GPCD =(TolalGakm InSyslern+ PemianentPopulation) #365 2, Residential GPCD = (GaIms Used for ResIdinliat Use + Residential PoNalion) + 365 3. WalerLm GPCD = jolaMater Loss + Pemanent Population) + 365 4. Walei toss Pircenlaga = (Total)ftef Lm + Told Gallons in $1sifni) x 100; of l)Vabef Lois GPCD + Total GPCD) x 100 Revised 2020 G. Pl,..AN DESCPJRrK)N Based on the, evaluation of alternatives available to the City of La Porte for conserving water, the following elements have been selected as those best suited to the needs of the City for water conservation: Continuing Public Educatlon and Information Water conserving plumbing code for new construction Retrofit programs Water rate structures Supply Management Universal metering Meter repair and replacement Leak detection and repair Recycling/reuse CONTINUING PUBLIC EDUCATION AND, INFORMATION A program of public education and information to promote water conservation by the public has been instituted. The program includes the following: -.+- Conservation messages printed on customers monthly water bills The City provides support tie Harr's Galveston Coastal-Subsklence istrr . . . . . . . . . .meter --Eons ation Education Program" that provides -water to the residents through the-4- elementa"chool r_hHdrPn water conservation messages in quarterly newsletters to citizens. There are links on the City websfte to information provided by Texas Commission on Environmental Quality and Texas Water Development Board. New customers are provided water conservation literature at the time they initially sign up for service. The public education program utilizes pamphlets such as those exhibited in, Appendix A . The City places speclal emphasis on the need to insulate pipes to prevent freezing in cold weather, repairing household leaks, retrofitting of plumbing fixtures and devices, and landscaping conservation methods. The energy savings associated with a water conservation program are also be emphasized. Publications and materials for the program are obtained from: Texas Water Development Board, Texas Commission on Environmental Quality, American Water Works Association; Texas Water Utilities Association, American Public Works Association, and the Environmental Protection Agency. 2. WATER CONSERVING PLUMBING CODE The City of La Porte has adopted the Uniform Plumbing Code (2012 version). Revised 2020 3. RETROFIT PROG13AMS The City of La Porte makes information available through its education program for Plumbers and customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances. Informatbn regarding retrofitting devices such as low -flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances will also be provided. 4. UNIVERSAL METERING The City of La Porte currently meters all water sales from its system, with the exception of a few public uses. All wells are currently metered at the well head. Well production meters and surface water meters are tested on an annual basis. The !source water meters are maintained within an accuracy of plus or minus 5%. Based on the results of the accuracy tests, the meters are calibrated, repaired or replaced as needed. Universal metering is a standard of this utility will be an element of this plan. 1, 1 0- ft"­ 2W.18IM-STAMMM 5. WATER RATE STRUCTURES The City of La Porte has adopted an Increasing Block Rate structure. A copy of the current water rate structure is attached in Appendix B and is made part of the Water Conservation Plan. 6. METER REPAIR AND REPLACEMENT The City of La Porte Gurr tly owns an perate,6--equiprnept.4,G�F small meter testing. The testing of large meters Meter testing is conducted by contract forces. The meter repair and testing program is structured per AWWA recommendations as follows: I , Major Production meters - test once per year 2. Meters larger than four inch — random testing every 5 years 3. Meters larger than one inch - random testing every 7 years 4. Meters smaller than one inch - random testing every 10 years In addition, the City will verify that each meter in the system is properly sized for the average volume of water being used in accordance with the manufacturers' specification for the meter. Based on testing and field evaluation, meters are repaired or replaced as needed. Large meter (1 inch and larger) replacement is prioritized based on usage volume, functionality and age. Residential meter replacement is prioritized based on functionality and age. Revised 2020 7. LEAK DETECTION AND REPAIR The City of La Porte currently has leak detection programs which will be maintained. The program includes: a. Monthly water use accounting by the Billing Department which identifies high water usage after the service meters which may indicate leaks, b. Visual inspections by utility employees, who keep a constant watch out for abnormal conditions indicating leaks or illegal connections. C. Visual inspections of storm water outfalls are conducted during periods of dry weather to locate leaks that may be entering storm drain systems, d. System pressures in the system are monitored continuously with a SCADA system, e. Maintaining an adequate maintenance staff, inventory of repair parts and equipment necessary to repair any leaks. f. An annual water accounting or audit is considered be part of the program. Sources of water loss, once located:, are immediately corrected. Data from the audit is used to monitor and evaluate system conditions, RECYCLING/REUSE As previously noted, the City of La Porte has the capability of reuse and recycling of treated effluent. Current use includes the recycling of approximate one million gallons per month at the La Porte Wastewater Treatment Plant used in process water, belt press operation and wash down. Ad6tionally, as indicated above, re- use water is made available and used by the La Porte Municipal Bay Forest Golf Course and the Little Cedar Bayou Park for irrigation purposes. The amount will vary during the year according to the season. The City of La Porte maintains a records management system to monitor and track customer account information and usage. The Billings Department has the ability to segregate usage groups such as residential, multi -family, commercial, institutional and industrial users. The data for water produced is monitored and recorded to enable accurate tracking of monthly water usage. hydam The City of La Porte Public Works Director acts as the Administrator of the Water Conservation Program. The Administrator oversees the execution and implementation of all elements of the program. IHe is also responsible to oversee the keeping of adequate records for program verification. The program will be enforced through adoption of the Water Conservation Plan by Ordinance or Resolution. A copy of this instrument is attached in Appendix B. Revised 2020 J. COORDINATION WITH REGIONAL WATER PLANNING GROUPS The service area of the City of La Porte is located within Region H of the regional water planning area. The City of La Porte has provided a copy of this Water Conservation Plan to the Texas Water Development Board and Region H. A copy of this notification is found in Appendix D. MMETRAM The effectiveness and efficiency of this program will be monitored annually by annual report to the TWDB. This water conservation plan will be reviewed and updated, as appropriate, based on an assessment of previous five-year and ten- year targets and any other new or updated information. A utility profile is provided with this plan as Appendix E. The City will review and update its Water Conservation Plan every five years to coincide with the regional water planning group. Future amendments or updates will be evaluated by the Administrator to determine if a substantial modification exists that would warrant additional review by City Council. 11 Revised 2020 Ci'ty of [,.,,.a Porte 01�'ce of Eke City Secretary 1-staklisked 1892 Patrice Fogarty, City Secretary THE STATE OF TEXAS § COUNTY OF HARRISC § I hereby certify in the performance of the functions of my office that the attached City of La Porte Water Conservation Plan was approved and adopted by the City Council of the City of La Porte, Texas, at fits regular City Council meeting held on Monday, March 9, 2015,,are true and correct copies as same appears of'record in my office, and that said document is an official record from the office of the City Secretary, City of La Porte, Harris County, State of Texas, and kept in said office. I further certify that 1, Patrice Fogarty, am the City Secretary of the City of La Porte, have legal custody of said records, and that I am the lawful possessor and keeper of the records for the City of La Porte, In witness whereof I have hereunto set my hand and affixed the official seal of said office this 1 oth day of March, 2015. Patrice Fogarty, 0)y SecrOary 9 A City of La Porte, Texas 604 W. Fairmont Parkway m La Porte, Texas 77571 mi (281)470-5021 m www.laportetx.gov CITY OF LAPORTE, WATER CONSERVATION PLAN AURPOSE AND INTENT The purpose of a Water conservation Plan is to reduce the quantity required for each water using activity, insofar as is practical, through the imphwiontation of efficient water use P"actices. The Plan defines objectives and specific targets to reduce the loss and waste of water resources and improve efficiency in the use of water. Many con-imuniffes t/?r0Ug1?0Ut tile United States have used conservation measures to successfully cope with various water and wastewater problems, Reduction in water use as much as 25% or more have beet) achieved, but the normal range is from 5' to 15%, As a result of reduced water use, wastowater flows have also been reduced by 5 to 10%. Nine (9) principal water conservation methods to be considered in preparing a water conservation plan are as follows: 1. Education and information 2. Plumbing codes for new construction 1 Retrofit programs 4. Conservation oriented water rate structures 5. Universal metering and ureter repair and replacement 6. Water conserving landscaping 7. Leak detection and repair 8. Recycling and reuse 9. Means of implementation and enforcement The City of La Porte holds regular City Council meetings on the second and fourth Monday of each month. The meetings are open to the public, and citizens are free to speak on any subject during the portion of the meeting designated for this purpose. G. SPECIAL INTEREST GROUPS 1. La Portc-Bayshore Chamber of Commerce 2. Florneowner'sAssoclations 3. Various civic and religious, organizations 2 D. SYSTEM AUDIT I PROBLEMS ay-st—OMALIJ Elt-1 a. Average, seasonal, peak use patterns, Figure I illustrates average, seasonal and peak use patterns, Historical use data indicates that the City of La Porte follows most cities in having higher average water use in the summer rnoriths from lawn watering. The ped( to average use ratio (average daily summer use divided by average annual daily use) is 119. This ratio is relatIvely low because of the very humid climate and high average rainfall the area receives. 1). Unaccounted water volumes and likely causes. Figure 1 also illustrates the relationship between water production and sales. The difference between production and Sales Can typically be attributed to all or some of the following: 1. Flushing of water mains 2. Firefighting 3. Inaccurate metering 4. System leaks 6. Unauthorized water use 6. U n metered water use C. Adequacy of treatment, storage, and distribution system. The GLIrfaCO water is purchased by the City from the La Porte Area Water Authority, The remaining 10% of their water needs are supplied from groundwater wells. The water is tested on a regular basis in accordance with all state and federal regulations, The City of La Porte Currently has adequate storage facilities required to meet TCEQ requirements and currently is classified as a "Superior Public Water System". The City of La Porte does not operate a surface water reservoir therefore an operations plan is not a component of this water conservation plan. d. Limit of existing supplylpotential new sources. It is apparent frorn the systerns audit that the City of La Porte is very capable of providing water to its customers from groundwater sources. In addition, the distribution and transmission systems are adequate to supply its needs for several years. With the conversion to surface water, the adequacy of groundwater supplies to meet peak load demands in any drought contingencies that might Occur are apparent. However, due to the constraints imposed by the Harris -Galveston Subsidence District on groundwater withdrawal, these sources will only be used to Supply peak demand in possible drought contingencies. a. Wastewater collection and treatment system. Currently, the City of La Porte treats the bulk of its own wastewater. The remainder of the La Porte wastewater flows Is pumped to a regional wastewater facility owned by the Gulf Coast Waste Disposal Authority. Z System Problems: The City of La Porte currently has no serious water supply problems. 'The storage and distribution systems are adequate to supply Surface water to lt8 customers through the La Porte Area Water Authority from the City of Houston Southeast Water Purification Plant, E. All-TERNANIVES: Water conservation methods are typically divided into two (2) categories, Demand Management Methods and Supply Management Methods, Demand Management Methods deal with water use on the downstream side of a customer ureter. Demand management provides for education or incentives to reduce the water use by the consumer. This method of conservation generally results in a decrease in water revenues because less water is purchased from the City. Supply Managernent Methods deals with the utility's water system upstream of the CUStOrner's meter. The goal of supply management is to improve efficiency and reduce waste within the production, treatment, and distribution SyStOM, Supply management usually results in decreased costs to the utility as water losses in the system are reduced. 1. DEMAND MANAGEMENT ALTERNATIVES a. Education and Information: The most readily available and lowest cost method of promoting water conservation is to inform water users about ways to save water inside homes and Otll(-)r buildings, in landscaping and lawn uses, and in recreational uses. An effective education and information prograrn can be easily and inexpensively administered by the City of La Porte. Materials available from the American Water Works Association, Texas Water Development Board, and other like associations are made available to its Customers, through hand outs, mail outs, and other sources. The City of La Porte can utilize its websRe to provide links to informative sources concerning water conservation. The City of La Porte currently participates in the Idarris-Galveston Coastal Subsidence District's program for education of elementary school students in the iropor(ance and methods of water conservation. The City sponsors the program by funding the program for the La Porte Students in the school district. b. Plumbing Codes: Water saving plumbing codes for new construction and for replacement of plumbing in existing structures may be adopted. The standards recommended by the Texas Water Development Board represent readily available technologies and do not involve additional costs when compared with "standard" fixtures. Water conserving plumbing codes are adopted for this cause. The City of La Porte utilizes standard codes whenever possible. C. Retrofit PmgLarns' The City makes information available through its education program for plumbers and Customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances, Information regarding retrofit devices such as low -flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances should also be provided, Water Rate -Structures: A water conservation oriented rate structure usually takes the form of an increasing block rate, although continUOUSly increasing rate Structures, peak or seasonal load rates, excess use foes, and other rate forms can be used. The increasing block rate structure is the most commonly used water conservation rate structure. Separate rate structures are usually used for cornrnercial, institutional, and industrial custorners. The City of La Porte uses a form of increasing block rate structure, Water QonseLyjr7q Landscaping1 In order to reduce the demands placed on a water system by landscape watering, the city or utility should consider methods that either encourage, by education and information, or require, by code or ordinance, water conserving landscaping by residential customers and cornmerclal establishments engaged in the sale or installation of landscape plants or watering equipment. Because the City of La Porte is located on the Gulf Coast, it has a very high annual average rainfall. The need for outdoor watering is not as high as for arid climates. Agricultural land in the area is not irrigated. Although not made a specific section of the Conservation Plan, water conserving landscaping information will be made available through the Information/Education Section. 2. SUPPLY MANAGEMENTALTERNATIVES a. Universal Met ering: tering: All public water Supply utilities should master meter their water sources. In addition, all users, including the utility itself, should be metered. A regularly scheduled maintenance program of meter repair and replacement also needs to be established to ensure that proper metering is taking place. Metering and meter repair and replacement, can be used in conjunction with other programs such as leak detection and repair and, thereby, save significant quantities of water. All sales in the City of La Porte are metered. Currently, the City of La Porte has a regular meter repair and replacement program with production meters being tested yearly. b. Leak Detection and Repair: A continuous leak detection, [OCati,Dfl, and repair program can be an important part of a water conservation plan. Utility employees for the City of La Porte periodically check for leaks when reading meters and while performing regular maintenance. Major leaks are usually quickly detected by either city employees or customers and are repaired immediately, Soil in the area is generally clay and, therefore, leaks show up at the ground surface quite readily. Leak detection technology is also available in the form of electronic sonic devices, 5 0. Recyclinci and Reuse: A city or utility should evaluate the potential of recycling and reuse because these rnethods may be used to increase water Supplies in the utility's service area. Reuse can be especially important where the use of treated effluent from all industry or a municipal systems or agricultural return flows replace an existing use that currently requires fresh water frorn a City's or utility's Supply, Recycling of in - plant process or cooling water can reduce the amount of fresh water required by many industrial operations. Currently, the City of La Porte has a water reuse program, Because of its size and daily fiows,, the, reuse of treated effluent for processed water has proven quite economical for the City of La Porte. Tile City of La Porte's Municipal Golf Course along with one of file City parks, Little Cedar Bayou, are irrigated with plant effluent. This reuse program results in a savings of approximately 100,000,000 gallons of potable water per year. F. PLAN OBJECTIVES To reduce water C011SUMPU011 frOln levels that would prevail without conservation efforts To reduce the loss and waste of water To improve efficiency in the use of water To implement a system to quantify the effects of the plan In accordance with 30 TAG Chapter 288.2, the following five and ten year targets have been established: See Attached Table THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Colrser%-dion Man God-s �Iabl,- TAID R a;vise�d 12/", 412012 i :53 i',V- Facility Name- City of La Porte Water Conservation Plan Year 2014 Historic Syr Average Baseline S-yr Goal for year 2019 10-yr Goal for year 2024 Total GPCD' 123 1221 120 118 Residential GPCD 2 76 78 1 72 69 Water Loss (GPCD):3 17 M i 14 13 Water Loss (Percentage)4 14%] 13% 12% 11 % 1. Total GPCD = (7otal Gallons In System - Permanent Population).;. 365 2, Residenfial GPCD = (Gallons Used for Residential Use — Residential Population) N 365 3. Water Loss GPCD = (TotalWater Loss � Permanent Population) +:365 4. Water Loss Percentage = (Total Water Loss :- Total Gallons in System) x 100; or (Water Loss GPCO — Total GPCD) x 100 GPLAN DE-SCHr9`10N Based on the evaluation of alternatives available to the City of La Porte for conserving water, the following elements have been selected as those best suited to the needs of the City for water conservation: Continuing Public Education and Information Water conserving plumbing code for new construction Retrofit programs Water rate structures Supply Management Universal metering Metor repair and replacement Leak detection and repair Recycling/reuse CONTINUING PUBLIC EDUCATION AND INFORMATION A program of public education and information to promote water conservation by the public has been instituted. The program includes the following: -.'+ Conservation messages printed on custorners monthly water bills. 4- The City provides support to the Harris Galveston Coastal Subsidence District's "Water Conservation Education Program," that provides water conservation information to the residents through their elementary school children, New customers are provided water conservation literature at the time they initially sign up for service. The public education program utilizes parnphlets such as those exhibited in Appendix A . The City places special ornphasis on the need to insulate pipes to prevent freezing In cold weather, repairing household leaks, retrofitting of plumbing fixtures and devices, and landscaping conservation methods. The energy savings associated with a water conservation program are :also be emphasized. Publications and materials for the program are obtained from: Texas Water Development Board, Texas Commission on Environmental Quality, American Water Works Association; Texas Water Utilities Association, American Public Works Association, and the Environmental Protection Agency. 2. WATER CONSERVING PLUMBING CODE The City of La Porte has adopted the Uniform Plumbing Code (20,12 version). S. RETRORTPROG'RAMS The City of La Porte makes information available through its education prograill for plumbers and customers to use when purchasing and installing plurnbing fixtures, lawn watering equipment, or water using appliances. Information regarding retrofitting devices such as low -flow Shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures at, appliances will also be provided. 4. UNIVERSAL METERING The City of La Porte currently meters all water sales from its system, with the exception of a few public uses. All wells are currently metered at the well head. Well production meters and surface water nieters are tested on an annual basis. The SOLI Me water meters are maintained within an accuracy of plus or Minus 5%, Based oil the results of the accuracy tests, the meters are calibrated, repaired or replaced as needed. The program of universal metering will continue and is made a part of the Water Conservation Plan. 5. WATER RATE STRUCTURES The City of La Porte has adopted an Increasing Block Rate Structure. A copy of the Current water rate Structure is attached in Appendix B and is made part of the Water Conservation Plan. 6. METER REPAIR AND REPLACEMENT The City of La Porte currently owns and operates equipment for small meter testing. The testing of large meters is conducted by contract forces. The meter repair and' testing program is structured per AWWA recomme tided ation s as follows: 1, Major Production meters - test once per year 2. Meters larger than four inch — random testing every 5 years 3. Meters larger than one inch - random testing every 7 years 4. Meters smaller than one inch - randorn testing every 10 years In addition, the City will verify that each meter, in the system is property Sized for the average volume of water being used in accordance with the manufacturers' specification for the moter. Based an testing and field evaluation, meters are repaired or replaced as needed. Ell 7. LEAK DETECTION AND REPAIR The City of La Porte currently has leak detection programs which will be, maintained. The prograrn includes: a. Monthly water use accounting by the Billing Department which identifies high water usage after the service meters which may indicate leaks. Visual inspections by utility employees who keep a constant watch Out for abnormal conditions indicating leaks or illegal connections. c. Visual inspecUons of storm water outfalls are conducted during periods of dry weather to locate leaks that may be entering storm drain systems, d. Maintaining ann adequate maintenance staff, inventory of repair parts and equipment necessary to repair any leaks. 0. An annual water accounting or audit is considered be part of the program. Sources of water loss, once located, are immediately corrected. Data from the audit is used to monitor and evaluate system conditions. 8. RECYCLING/REUSE As previously noted the City of La Porte has the capability of reuse and recycling of treated effluent. Current use includes the recycling of approximate one million gallons per month at the La Porte Wastewater Treatment Plant used in process water, belt press operation and wash down, Additionally, as indicated above, recycled water is made available and used by the I -a Porte Municipal Golf Course: and the Little Cedar Bayou Park for Irrigation purposes. The amount will vary during the year according to the season. The City of La Porte maintains ai records management system to monitor and track cListomer account information and usage. The Billing Department has the ability to segregate usage groups such as residential, multi -family, commercial, institutional and industrial users. The data for water produced is monitored and recorded to enable accurate tracking of monthlywater usage, MAPILEMENTATIONIENFORGEMENT The City of La, Porte Public Works Director acts as the Administrator of the Water Conservation Program. The Administrator oversees the execution and implementation of all elements of the program.He is also responsible to oversee the keeping of adequate records for program verification. The program will be enforced through adoption of the Water Conservation Plan by Ordinance or Resolution. A copy of this instrument is attached in Appendix B. J. GOORDINATION WITH REGIONAL WATER PLANNING GROUPS The set -vice area of the City of La Porte is located within Region 1-i of the regional water planning area, The City of La Porte has provided a copy of this Water Conservation Plan to the Texas Water Development Board. K, PLAN REVIEW AND UPDATE This water conservation plan will be reviewed and updated, as appropriate, based on an assessment of previous five-year and ten-year targets and any oth0-,.r new or updated Information. The City will review and update its Water Conservation Plan every five years to coincide with the regional water planning group. Future amendments or updates, will be evaluated by the Administrator to determine if a Substantial modification oxists that would warrant additional review by City Council. 1E luo, Revised 2020 The purpose of a Water Conservation Plan is to reduce the quantity required for each water using activity, insofar as is practical, through the implementation of efficient water use practices. The plan defines objectives and specific targets to reduce the loss and waste of water resources and improve efficiency in the use of water. Many communities throughout the United States have, used conservation measures to successfully cope with various water and wastewater problems. Reduction in water use as much as 25% or more have been achieved, but the normal range is from 5 to 15%. As a result of reduced water use, wastewater flows have also been reduced by 5 to 10%. ftine (9) principal water conservation methods to be considered in preparing a water conservation plan are as follows: 2. Plumbing codes for new construction 3. Retrofit programs 4. Conservation oriented water rate structures 5. Universal metering and meter repair and replacement 6. Water conserving landscaping 7. Leak detection and repair 8. Recycling and reuse 9. Means of implementation and enforcement The City of La Porte holds regular City Council meetings on the second and fourth Monday of each month. The meetings are open to the public, and citizens are free to speak on any subject during the portion of the meeting designated for this purpose. 1. La Porte-Bayshore Chamber of Commerce 2. Homeowner's Associations 3. Various civic and religious organizations Revised 2020 1 . System Audit: Average, seasonal, peak use patterns. Figure 1 illustrates average, seasonal and peak use patterns. Historical use data indicates that the City of La Porte follows most cities in having higher average water use in the summer months from lawn watering. The peak to average use ratio (average daily summer use divided by average annual daily use) is 1,09. This ratio is relatively low because of the very humid climate and high average rainfall the area receives. Unaccounted water voiumes and likely causes. Figure 1 also illustrates the relationship between water production and sales. The difference between production and sales can typically be attributed to all or some of the following: Flushing of water mains Fire fighting Inaccurate metering System leaks Unauthorized water use Unmetered water use C. Adequacy of treatment, storage, and distribution system.. The surface water is purchased by the City from the La Porte Area Water Authority. The remaining 10% of their water needs are supplied from groundwater wells. The water is tested on a regular basis in accordance with all state and federal regulations. The City of La Porte currently has adequate storage facilities required to meet TCEQ requirements and currently is classified as a "Superior Public Water System". The City of La Porte does not operate a surface water reservoir therefore an operations plan is not a component of this water conservation plan. d. Limit of existing supply/potential new sources, It is apparent from the systems audit that the City of La Porte is very capable of providing water to its customers from groundwater sources. In addition, the distribution and transmission systems are adequate to supply its needs for several years. With the conversion to surface water, the adequacy of groundwater supplies to meet peak load demands in any drought contingencies that might occur are apparent. However, due to the constraints imposed by the Harris-Galiveston Subsidence District on groundwater withdrawal, these sources will only be used to supply peak demand in possible drought contingencies. e, Wastewater collection and treatment system. Currently, the City of La Porte treats the bulk of its own wastewater, The remainder of the La Porte wastewater flows is pumped to a regional wastewater facility owned by the CuIf Coast Waste Disposal Authority. Revised 2020 2. System Problems: The City of La Porte currently has no serious water supply problems. The storage and distribution systems are adequate to supply surface water to its customers through the La Forte Area Water Authority from the City of Houston Southeast Water Purification Plant, E. ALTERNATIVES: Water conservation methods are typically divided into two (2) categories, Demand Management Methods and Supply Management Methods. Demand Management Methods deal with water use on the downstream side of a customer meter. Demand management provides for education or incentives to reduce the water use by the consumer. This method of conservation generally results in a decrease in water revenues because less water is, purchased from the City. Supply Management Methods deals with the utility's water system upstream of the customer's meter. The goal of supply management is to improve efficiency and reduce waste within the production, treatment, and distribution system. Supply management usually results in decreased costs to the utility as water losses in the system are reduced, 1. DEMAND MANAGEMENT ALTERNATIVES a. Education and Information: The most readily available and lowest cost method of promoting water conservation is to inform water users about ways to save water inside homes and other buildings, in landscaping and lawn uses, and in recreational uses. An effective education and information program can be easily and inexpensively administered by the City of La Porte. Materials available from the American Water Works Association, Texas Water Development Board, and otherlike associations are made available to its customers. The City of La Porte can utilize its website and quarterly newsletters to provide links and informative information concerning water conservation, b. Plumbing Cc Water saving plumbing codes for new construction and for replacement of plumbing in existing structures may be adopted. The standards recommended by the Texas Water Development Board represent readily available technologies and do not involve additional costs when compared with, "standard" fixtures. Water conserving plumbing codes are adopted for this cause. The City of La Porte utilizes standard codes whenever possible. Revised 2020 Retrofit Programs: The City makes information available through its education program for plumbers and customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances. Information regarding retrofit devices such as low -flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances should also be provided. d. Water Rate Structures: A water conservation oriented rate structure usually takes the form of an increasing block rate, although continuously increasing rate structures, peak or seasonal load rates, excess use fees, and other rate forms can be used. The increasing block rate structure is the most commonly used water conservation rate structure. Separate rate structures are usually used for commercial, institutional, and industrial customers, The City of La Porte uses a form of increasing block rate structure. e, Water Conserving Landscaping:_ In order to reduce the demands placed on a water system Iby landscape watering, the city or utility should consider methods that either encourage, by education and information, or require, by code or ordinance, water conserving landscaping by residential customers and commercial establishments engaged in the sale or installation of landscape pllants or watering equipment. Because the City of La Porte is located on the Gulf Coast, it has a very high annual average rainfall. The need for outdoor watering is not as high as for and climates. Agricultural land in the area is not irrigated. Although not made a specific section of the Conservation Plan, water conserving landscaping information will be made available through the Information/Education Section. 2. SUPPLY MANAGEMENT ALTERNATIVES a. Universal Metering: All public water supply utilities should master meter their water sources. IIn addition, all users, including the utility itself, should be metered. A regularly scheduled maintenance program of meter repair and replacement also needs to be established to ensure that proper metering is taking place. Metering and meter repair and replacement, can be used in conjunction with other programs such as leak detection and repair and, thereby, save significant quantities of water. All sales in the City of ILa Porte are metered. Currently, the City of La Porte has a regular meter repair and replacement program with production meters being tested yearly, Revised 2020 b, Leak Detection and Repair: A continuous leak detection, location, and repair program can be an important part of a water conservation plan. Utility employees for the City of La Porte periodically check for leaks when reading meters and while performing regular maintenance. Major Ileaks are usually quickly detected by either city employees or customers and are repaired immediately. Soil in the area is generally clay and, therefore, leaks show up at the ground surface quite readily. Leak detection technology is also available in the form of electronic sonic devices, C. Recycling and Reuse: A city or utility should evaluate the potential of recycling and reuse because, these methods may be used to increase water suppfles, in the utility's service area. Reuse can be especially important where the use of treated effluent from an industry or a municipal system or agricultural return flows replace an existing use that currently requires fresh water from a city's or utility's supply. Recycling of in_ plant process or cooling water can reduce the amount of fresh water required by many industrial operations. Currently, the City of La Porte has a water reuse program (Reclaimed Water Authorization #R1110206001), Because of its size and daily flows, the reuse of treated effluent for treatment plant process and wash -down water has proven quite economicali for the City of La Porte. The City of La Porte's municipal golf course along with one of the City parks, are irrigated with plant effluent. This reuse program results in a savings of approximately 100,000,000 gallons of potable water per year. To reduce water consumption from levels that would prevail without conservation efforts To reduce the loss and waste of water To improve efficiency in the use of water To implement a system to quantify the effects of the plan In accordance with 30 TAC Chapter 288.2, the following five and' ten year targets have been established: See Attached Table Revised 2020 V"A rHulu PAVU f (x;I Noj'04 R('v&'J M140'11.+ Oil N M 111%11 AIMI %Id to] "IM1171A I A"' Facility Name: City of La Porte Water Conservation Plan Year, 2020 Historic Syr Average Baseline S-yr Goal for year 2025 10-yr Goal for year 2030 Total GPCD1 108 122 107 106 Residential GPCD 2 66 78 65 64 Water Loss (GPCDi3 14 16 13 12 Water Loss (Percentagef 13 °Ja 13% 12% 11 % i Total GPCD m (Total GaHms in System + Permanent Population) + 385 2, Residential GPCD - (Gallons Used for Residential Use + RaAenflal Popuation) + 365 3, W*rl.oss GPCD - (TolslWalor Loss + Ponamord Polowlafion) + 365 4. Water Loss Percentap = jolalftei Loss + Totaf Gallons fn System) x 100; or (Water Loss GPCD + Taal GPCD) x 100 Revised 2020 VF0]49NVF91 Ic N Based on the evaluation of alternatives available to the City of La Porte for conserving water, the following elements have been selected as those best suited to the needs of the City for water conservation: Continuing Public Education and Information Water conserving plumbing code for new construction Retrofit programs Water rate structures Supply Management Universal metering Meter repair and replacement Leak detection and repair Recycling/reuse CONTINUING PUBLIC EDUCATION AND INFORMATION A program of public education and information to promote water conservation by the public has been instituted. The program includes the following: -.*- Conservation messages printed on customers monthly water bills. The City provides water conservation messages in quarterly newsletters to citizens. There are links on the City website to information provided by Texas Commission on Environmental Quality and Texas Water Development Board. New customers are provided water conservation (literature at the time they initially sign up for service. The pu!b,lic education program utilizes information such as those exhibited in Appendix A . The City places special emphasis on the need to insulate pipes to prevent freezing in cold weather, repairing household leaks, retrofitting of plumbing fixtures and devices, and landscaping conservation methods. The energy savings associated with a water conservation program are also be emphasized. Publications and materials for the program are obtained from: Texas Water Development Board, Texas Commission on Environmental Quality, American Water Works Association; Texas Water Utilities Association, American Public Works Association, and the Environmental Protection Agency. 2. WATER CONSERVING PLUMBING CODE The City of La Porte has adopted the Uniform Plumbing Code (2012 version). Revised 2020 The City of La Porte makes information available through fits education program for plumbers and customers to use when purchasing and installing plumbing fixtures, lawn watering equipment, or water using appliances. Information regarding retrofitting devices such as low -flow shower heads or toilet dams that reduce water use by replacing or modifying existing fixtures or appliances will also be provided. 4, UNIVERSALMETERING The City of La Porte currently meters all water sales from its system, with the exception of a few public uses. All wells are currently metered at the well head. Well production meters and surface water meters are tested on an annual basis. The source water meters are maintained within an accuracy of plus or, minus 5%. Based on the results of the accuracy tests, the meters, are, calibrated, repaired or replaced as needed. Universal metering is a standard of this utility will be an element of this plan. 5. WATER RATE STRUCTURES The City of La Porte has adopted an Increasing Block Rate structure. A copy of the current water rate structure is attached in Appendix B and is made part of the Water Conservation Plan. 6. METER REPAIR AND REPLACEMENT Meter testing is conducted by contract forces. The meter repair and testing program is structured per AWWA recommendations as follows; 1. Major Production imeters - test once per year 2. Meters larger than four inch — random testing every 5 years 3. Meters larger than one inch - random testing every 7 years 4. Meters smaller than one inch - random testing every 10 years In addition, the City will verify that each meter in the system is properly sized for the average volume of water being used in accordance with the manufacturers' specification for the meter. Based on testing and field evaluation, meters are repaired or replaced as needed. Large meter (1 inch and larger) replacement is prioritized based on usage volume, functionality and age. Residential meter replacement is prioritized based on functionality and age. Revised 2020 7, LEAK DETECTION AND REPAIR The City of La Porte currently has leak detection programs which will be maintained. The program includes: a. Monthly water use accounting by the Billing Department which identifies high water usage after the service meters which may indicate leaks. b. Visual inspections by utility employees who keep a constant watch out for abnormal conditions indicating leaks or illegal connections. C. Visual inspections of storm water outfalls are conducted during periods of dry weather to locate leaks that may be entering storm drain systems. d. Distribution system pressures are monitored continuously with a SCADA system. e. Maintaining an adequate maintenance staff, inventory of repair parts and equipment necessary to repair any leaks. An annual water accounting or audit is considered be part of the program. Sources of water loss, once located, are immediately corrected. Data from the audit is used to monitor and evaluate system conditions, RECYCLING/REUSE As previously noted, the City of La Porte has the capability of reuse and recycling of treated effluent. Current use includes the recycling of approximate one million gallons per month at the La Porte Wastewater Treatment Plant used in process water, belt press operation and wash down. Additionally, as indicated above, re- use water is made available and used by the La Porte Bay Forest Golf Course and the Little Cedar Bayou Park for irrigation purposes. The amount will vary during the year according to the season. H. WHOLESALE WATER CONTRACTS Wholesale water contracts entered into or renewed, after the official adoption of this plan,, and including any contract extension, shall include that each successive wholesale customer develop and implement a water conservation plan or water conservation measures using applicable elements in accordance with T.A.C.30,Partl,Chapter 288, Subchapter A. V *q$l V DR171 V-11 a 4 J1 I q 611 The City of La Porte maintains a records management system to monitor and track customer account information and usage. The Billing Department has the ability to segregate usage groups such as residential, multi -family, commercial, institutional and industrial users, The data for water produced is monitored and recorded to enable accurate tracking of monthly water usage, UTIMIII A-MINUFM [0] 0, 040 [IM N01 A M I -MIK I The City of La Porte Public Works Director acts as the Administrator of the Water Conservation Program. The Administrator oversees the execution and implementation of all elements of the program. He is also responsible to oversee the keeping of adequate records for program verification. The program will be enforced through adoption of the Water Conservation Plan by Ordinance or Resolution. A copy of this instrument is attached in Appendix C. The service area of the City of La Porte is located within Region H of the regional water planning area. The City of La Porte has provided a copy of this Water Conservation Plan to the Texas Water Development Board and Region H. Confirmation of this notification is found in Appendix D. The effectiveness and efficiency of this program will be imonitored annually by annual reporting to the TWDB, This water conservation plan will be reviewed and updated, as appropriate, based on an assessment of previous five-year and ten- year targets and any other new or updated information. A utility profile is provided with this plan as Appendix E. The City will review and update its Water Conservation Plan every five years to coincide with the regional water planning group. Future amendments or updates will be evaluated by the Administrator to determine if a substantial modification exists that would warrant additional review by City Council,. 21025 2030 2035 Revised 2020 140000 1.O0000 ..n,m. ,, 80000 60000 40000 20000 0 6000 5000 4000 3000 2000 1000 0 Production / Sales 2019 Jan-19 Feb-19 Mar-19 Apr-19 May-19 Jun-1,9 Jul-19 Ru9-19 Sep-19 Oct-19 Nov-19 Dec-19 ---Water Pro duced -Water Safes Maximum / Average Daily Use 2019 Jan-19 Feb-19 Mae-19 Ap r-19 May-19 Jun-19 Jul-19 Aug-1.9 Sep-19 Oct-19 Nov-19 Dec-19 ^ ^Maximum Daily Use -Average Daily Use 41<NJI111n 2111 muwl'lollo,,� Revised 2020 Texas Water HELP CONSERVE TODAY Inside your home, toilets consume the most water, followed by washing machines and showers. Outdoor use can account for more than 30 percent of total home water use. Here are a few easy things you can start doing today to save water.* & Fix leal<s — Leaks waste both water and energy and can account for 10 percent or more of your water bill. Frequently check for leaks in your toilets, washing machines, and sinks. A slow drip adds up. Shorten shower time — Reducing your sil ower time from ............ 10 to 5 minutes could save at least 12.5 gallons per "MWW)Plr,I-', shower with efficient showerheads. That's over 4,500 gallons a year. 6 Turn off the faucet — Don't let water run when you wash your hands, brush your teeth, and shave. Turn it off until you need it again. 6 Lower washing machine water level — Use the lowest water level setting on your washing machine whenever possible, 6 Water more officiently — Limit your yard watering to no more than once a week, and prevent water ev I aporation by watering eady I in the morning —and newr on windy Oys pavement or other unnecessary areas. rain sensors to your irrigation system, 6 Washing machines — High -efficiency washing machines can save almost 25 gallons ECO "of water per load, and they save energy. Toilets .The average flush F of an older toilet uses about "3.6 gallons of water, compared to newer, high efficiency toilets that use just 1.3 gallons per flush. 6 Sprinklers — Install rain shut-off devices so you don't water the yard unnecessarily during or after a rain. * indoor water use numbers are from the Alliance for Water Efficiency, www.allignceforwaterefficiency,org I ur n�eed for woter is growing, but over time., More 4nwAtor d More .M, u I 2020 1 1 2040 2050 2060 2070 Texas Water Development Board wwwAwdb.texas.ggv 1700 North Congress Avenue Austin, TX 78701 Tel: 51,2-463-7847 6 Fax: 512-475-2053 Stay connected: ( 1) V @ a [M WATER )IQ Know your wateu'. l= �YT Ml 61 0 , rev. 07/19 �I M Mfr IIMF IIII DMINAMMIN in your home? How is water used 4% miscellaneous 24% needs /P�oP4"MV':w,W!wM MiWlt1' wq' I C J flushing the toilet F1 1,1� 7111"0 19% showering washing machine bathers 3 00 % g NOMM 19% 1 % 14% from the faucet dishwashe leaks up to 220 gallons a week for a family of four. Plug the sink instead of running the waterto rinse your razor and save up to 200 gallons a month. 131�900 Water -efficient jaII-ris toilets can save up to 13,000 gallons of water a year. If your toilet flapper doesn't close properly after flushing, replace it, M all IN M 111 3 ty 14010 TH Save UP 'pf �A 1 0 1, 1 S to 3,400 gallons of waterayear by washing laundry only when the machine is full, wq IV A faucet leaking at a rate of one drop per second can waste LIP to 3,000 gallons of water a year., mW "AA/d/y/dAl" 010 V,ii I Milk, Water wisely Avoid watering your lawn or garden in the middle of the day, Watering before dawn and after dusk allows for water to be absorbed instead of evaporating in midday heat Reducing a 1 O-minute shower using a standard showerhead to 5 minutes will save 12.5 gallons of water in each occasion. a A water -efficient showerhead can save the average family 2,900 gallons of water and $70 in energy and water costs a year, I Using an ENERGY STAR certified .—dishwasher will save about 3,870 gallons of water over its lifetime. Collect and use rainwater. By 10% collecting rainwater from just 10 percent of the residential roof area in =31 Texas, we could conserve more than 1, Al Bon 31 billion gallons of water annually. TakeCareOfTexas.org/ publications gf Cierre la Ilave 1;' mlentras secepiII dlentes y ahorre pasta r Vi5 galones de aqua par minuto Instale dispositivos r ii, „r % Esto seria pasta 220 galones de plameria mas por semana Para, Una familia ,mm ,k eficlentei de cuatro. ` Un cahezal de Tape el lavabo en Lugar de n %� °` regadera eficlente en detar que corra el agua Para Una Have que Reduclr Una ducha aqua puede ahorrarle enjuagar su rastrillo de a gotea Una gota de 10 minUtos 2,900 galones de agua afeitar y ahorre hasty 200 par Segundo usando Lin cabezal y $70 en costal de galones al mes. puede de regadera estandar energfa y agUa al any desperdidar a 5 minutos ahorrara a la familia promedio, m pasta 3,000 12.5 galones de agua en calla ocasian, N galones de p 111adara5 eficientes en agua 31000 r agua al ano. fir l YB"le!s� a z m pueden ahorrar hasta 13,000 galones de agua al ano, o " r, Si el sello, o sapo, de su inadoro no sierra Wen des ues de la o 'r„ descarga, cAmbiela Usar.l lei %%r/i ao /%ir //i /iia r i//iiiii% xis lavapin anes p atos Ahorre� 1/� �/ r r "r //�� con la hasta ,,/ r ,,,, �%, i/i x certiCicad6n 3,4013 ", ( EEIEfiY51RR ahorrari galones de / °/r' Yr%%%%r,%/'%%/ m 111 alredediar l rld dI dno // r' FREM////00/d/1,/ de lavando� ropdsto ,'I i���IVIIJ galones ' �� °' de agua �. xxxx� cuando la l 4 � i �e rr mmu�i maquina t durantesu a ;, ifs, este Ilena p e wf villa UtII, � flu 'a ull°I4 ,.� .. Capte y use agua de Iluvid. ente E u�., rUden' r � Captando agua de lluvia de solo Evite regar su c6sped o jiardfn en pleno dfa, CU el lit par ciento de Los techos Regar antes deb amanecer o despues del w residenciales en Texas, podrfamos dtdrdecer permite que el dgUd se dbsorbd en conservar mas die 31 mil millones IUgar de evap�ararse en el calor del medlodfa. ,,,i,u,,� P de galones de agua anualmenite. Page I of I littps:Hsmarteraboutwater.org/wp-coi-itent/uploads/2Ol8/ll/ll-2l—HGSD—Web-spring_60... 3/31/2020 Page I of I 1-ittps:Hsmalleraboutwater.org/wp-conteiit/tip1loads/2Ol8/ll/ll-2l—HGSD—Web-summer-6.,.. 3/31/2020 Issuit reader embeds Page I of 2 SHARE http,://e.issuu.com/embed.html?djul_aug_sep-2019—newsletter&u=cityoflaporte - I- Ir- , ir' - - - 3/31/2020 I Revised 2020 La Porte, TX Code of Ordinances Page 3 of 16 Description Amount Section this Code Chapter 62. Streets, Sidewalks and Other Public Places Article A Vacating, Abandoning and Closing Streets and Alleys 7(a) Application fee to vacate, abandon or close (minimum) ..... 300.00 62-32(a) Chapter 74. Utilities Article H. Industrial Waste Division 3. Public Sewer Use Subdivision 1. In General (a) Application fee for wet industry classification permit ...... 25.00 Article ///, Water and Sewer Service Charges Division 1. Generally (a) Collection cost of lien for delinquent utility bill 50.00 74-224(c) Division 2, Water Service Rates and Charges (a,) Water service rates: 74-246 about:blank 3/30/2020 La Portc,'I'X Code of Ordinances Page 4 of 16 Description Amount Section this Code (1) Residential use: A minimum charge, per 7.95 month (2) Apartment units, duplex units, individual 535 mobile homes in mobile home parks, with units not individually metered for water: A minimum charge per month, per living unit ..... (3) Commercial and industrial use: A minimum charge pier month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance with thie following schedules a. 3/4-inch meter, or smaller, meter ... 935 bi. 1-inch meter..... 12.85 c. 11/2-inch meter..— 22.75 d. 2-inch meter ..... 36.65 e, 3-inch meter, (including fire hydrant 76.35 meters leased from city) ...... f. 4-inch meter ... 131.85 g.16-inch meter ...... 290.60 aboutNank 3/30/2020 La Forte, TX Code of Ordinances Page 5 of 16 Description Amount Section this Code h. I 8-inch meter or larger 51180 (4) Volume charges: a. Each minimum bill of residential, commercial and industrial shall include 2,000 gallons of water per month. b. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall include 2,0100 gallons of water per unit per month, c�, Each additional 1,000 gallons used by a customer each month shall be charged in accordance with the following schedule 1. For the next additional 8,000 gallons 2.98 exceeding 2,000 gallons (per 1,000 gallons) ..... 2. For the next additional 15,0001 gallons 3.28 exceeding 10,000 gallons (per 1,000 gallons) ...... about:blard�, 3/30/2020 La Polle,'-rX Code of Ordinances Page 6 of 16 Description Amount Section this Code 3, Each additional 1,000 gallons 3.77 consumed exceeding 25,000 gallons (per 1,000 gallons) d. The volume charge to commercial and industrial shall be in accordance with the schedule in volume charges, (4.)c, e. The volume charge to apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually mietered for water, shall be in accordance with the schedule in volume charges, (4)c after the usage, of the amount of water exceeds the number of units billed, times 2,000 gallons each month. (b) Certain water services: 74-249 (1) New service fee 10.00 (2) Transfer of service fee ..... 15.00 (3) Meter replacement fee ..... 25.00 (4) Pressure testing of service lines 25.00 (5) Rereading of meter ..... 5.010 about:bIank 3/30/2020 La, Porte,TX Code of Ordinances Page 7 of 16 Description Amount Section this Code (6) 1 Fire hydrant meter: 74-249 a, Rental deposit fee 1,500.00 b. Daily rental usage -fee 15M c. Initial attachment fee 25.00 d. Relocation fee ..... 25.00 (c) Service restoration fee: 74-251 (c) (1) Regular hours .... 25.00 (2) After regular hours 35.00 (d) Discontinuance of service: 74-251 (e) (1) With locking mechanism ..... 25M (2) Additional fee for removal of or tampering with locking mechanism ..... 25.00 (e) Administrative penalty for unauthorized tap or hookup ..... 200.00 74-251 (f) (f) Deposits for service: 74-252(c) (1) Owner -occupied, single-family residence consurners 90,00 about:blank 3/30/2020 La Porte, TX Code of Oyditiatices Page 8, of 16 Description Amount Section this Code (2) Other single-family residence consumers ..... 125.O�O Division,3. Sewer Service Rates and Charges (a) Rates for sewer service 74-276 Thie following rates shall be applicable for sewage treatment by the city computed on a monthly basis: (1) Residential use: A minimum charge (per 9.75 month) ..... (2) Apartment units, duplex units, individual 5.75 mobile homes in mobile home parks, with units not individually metered for water: A minimum charge per month, per living u n it (3) Commercial and industrial use. A minimum charge per month shall be made in accordance with the size of the meter utilized to measure service to the customer in accordance, with the following schedules a. 3/4-inch meter or smaller meter ..... 16.95 b. 1 -inch meter - ... 25.95 c, 11/2-inch meter ..... 50.95 about:bIank 3/30/2020 ]-,,a Porte, TX Code of Ordinances Page 9 of 16 Description Amount Section this Code dT2-inch meter ..... 85.95 e. 3-inch meter ..... 186.95 f. 4-inch meter or larger ..... 326.95 (4) "volume charges: a. Since sewer discharge is not metered, all volume charges shall be based on the total water volume charged to the customer. L Each minimum NI of residential, commercial and, industrial shall include 2,000 gallons of sewage discharge treated each month. c. Each minimum bill of apartment units, duplex units, individual mobile homes in mobile home parks, with units, not individually metered for water, shall include 2,000 gallons of sewage discharge treated per unit, each month per unit. d. Each additional 1,000 gallons treated for a customer each month, shall be charged in accordance with the following schedule: about:blank 3/30/2020 La Porte, TX Code cif Ordinances Page 10 of'16 Description, Amount Section this Code Residential, per 1,000 3.00 gallons 2. Commercial and 3.00 industrial, per 1,000 gallons ..... 3. Apartment units, 3.00 duplex units, individual mobile homes in mobile home parks, with uniits not individually metered for water, per 1,000 gallons ..... e, Computation of volume based on water purchased aboutNarAc 3/30/2020 La Porte, TX Code of Ordinances Page I I of 16 Description Amount Section this Code 1.Residential: The 35.00 volume of sewage treated shall be based on 85 percent of the resident's water volume billed each month. However, the maximum residential charge will be limited to 2. Commiercial and industrial: The volume of sewage treated will be based upon 85 percent of the monthly water consumption. aboutblank 3/30/2020 La Porte, TX Code of Ordinanecs Page 1.2 of 1.6 Description Amount Section thi,s Code 3. Multiunits: The volume charge to apartment units, duplex units, individual mobile homes in mobile home parks, with units not individually metered for water, shall be based on 85 percent of the amount of water billed each month. f. Senior citizen discount: Residential customers 60 years of age or older shall be entitled to a $2.00 monthly discount on their primary account. Division 4, Utility Development Fees (a) Water Development fee (equal to or under 2.5 acres): Rates, per 100 square feet of the Ilot, tract or parcel of land to which waiter connections may be made, plus a water tapping fee listed below: (1) Residential .... None (2) Commercial/Industrial..... None about:b1ank 3/30/2020 N Revised 2020 ORDINANCE 2020-3788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING AND AUTHORIZING AMENDMENTS TO THE CITY OF LA PORTE WATER CONSERVATION PLAN; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City of La Porte is required by Texas Administrative Code, Title 30, Partl, Chapter 288, to develop and maintain a Water Conservation Plan; and WHEREAS, The City of La Porte has maintained a Water Conservation Plan since 1987; and WHEREAS, The Texas Water Development Board requires five-year updates to said plan; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The City Council of La Porte hereby approves and authorizes amendments to the City of La Porte Water Conservation Plan, and a copy of which amended plan is on file in the office of the City Secretary. Section 2. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any provision contained herein is hereby repealed to the extent of any conflict. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance; and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 subj ect 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. PASSED and APPROVED this, the 13'h day of April, 2020. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney " ......... 11,00 f Revised 2020 City ofla Porte Puklic Worl(s, DepartMent uu Estakksked 1892 Providing essential publicservices to the citizens of La Porte in AI-eXAS the most efficient and cost effective manner possible. Aprii17,2020 Texas Water Development Board 1700 North Congress Avenue P.O. Box 132,31 Austin, Texas 78711-3231 Reference: Submittal of Water Conservation Plan City of La Porte PWS 1010018 In order to comply with Title 30, Texas Administrative Code, Chapter 288, Subchapter 13, Rule 288, The City of La Porte submits its current Water Conservation Plan. Should any further action be necessary please contact me at (281) 471-9650, or at rn y jj Respectfully, Ray Mayo Director of Public Works City of La Porte Attachmeints; One (1) Copy of Water Conservation Plan with Appendices and Utility Profile 2963 N. 23rd St. m La Porte, Texas 77571 ma (281)471-9650 m www.laporletx.gov City of I a Porte PAliC Wolf-6 Department [staklisked 1892 Providing essential public services to the citizens of La Porte in the most efficient and cost effective manner possible. April 20, 2020 Sonia: Zamudio 1577 Dam Site Road Water Conservation Group Region I -I Conroe, Texas 77304 Reference: Submittal of Water Conservation Plan City of La Porte PWS 1010018 In order to comply with Title 30, Texas Administrative Code, Chapter 288, Subchapter B, Rule 288, The City of La Porte submits its current Water Conservation Plan. Should any further action be necessary please contact me at (281) 471-96SO, or at n1aU( @Ippqrtgjx,gc:rv. Respectfully, Ray Mayo Director of Public Works City of La Porte Attachments: One (1) Copy of Water Conservation Plan with, Appendices and Utility Profile 2963N.23rdSt. m LaPorte, Texas 77571 m (281)471-9650 n www.laporietx.gov ��Iqll ... .. ... ... . . . ..... A Revised 2020 Name of Utility: City of La Porte Public Water Supply Identification Number (PWS l[)): TX1010018 Certificate of Convenience and Necessity (CCN) Number: Surface Water Right ID Number: Wastewater ID Number: Contact: First Name: Robert Last Name: Banks Title: Utility Superintendent Address: 2963 N. 23rd St. City: La Porte Zip Code: 77571 Zip+4: Email:: ban I(sr@laportetx.go,, Telephone Number: 2814705108 Date: Is this person the designated Conservation Yes 0 No Coordinator? Regional Water Planning Group: H Groundwater Conservation District: Our records indicate that you: Z Received financial assistance of $500,000 or more from TWDB V Have 3,300 or more retail connections M Have a surface water right with TCEQ A. Population and Service Area Data 1. Current service area size in square miles: 32 Attached file(s): 9le Name File Description 'apture,PNG I Page 1 of 12 loxas Water DM*Ment State: TX lexas Water kvd*nmt iiW Historical service area population for the previous five years, starting with the most current year. Year Historical Population Historical Population Historical Population Served By Served By Served By Retail Water Service Wholesale Water Wastewater Water Servico Service 2019 34,733 1,476 34,733 2018 34,733 0 34,733 2017 34,733 0 34,733 2016 34,733 0 34,733 2015 34,733 0 34,733 3. Projected service area population for the folflowing decades. Year Projected Population Projected Population Projected Population Served By Served By Served By Retail Water Service Wholesale Water Wastewater Water Service Service 2020 33,703 441� 33,703 2030 34,449 479 34,449 2040 34,963 509 34,963 2050 35,785 541 35,7135 2060 36,729 570 36,729 4. Described sources)/method(s) for estimating current and projected populations. �TWDB WEBSITE- 2021 REGIONAL PLAN; 2019 LAPORTE ANNUAL WATER CONSERVATION PLANIREPORT; NOTE- ON #2 ABOVE, PLEASE CHANGE WHOLESALE POP FROM 1446 TO 441 Page 2 of 12 'rexa s ftiv kvdwmtkw C. System Input System input data for the previous five years. Tout System hipw = Si?If wppAed a Irnpo(ted- Expwted Year Water Produced In Purchased I Imported Exported Water In Total System Total GPCD Gallons Water in Gallons Gallons Input 2019 117,5S9,237 1,207,318,452 79,321 1,324,798,3613 104 20ILS 85,463,783 1,324,640,281 0 1,410,104,064 111 2017 120,209,419 1,215,740,891 01 1,335,950,310 105 2016 114,368,787 1,254,080,000 0 1,368,448,787 108 2015 122,251,246 1,290,972,084 0 1,413,223,330 111 Historic 111,970,494 1,258,550,342 15,864 1,370,504,972 108 Average C. Water Supply System Attached file(s): File Name File Description WATER.pdf 1, Designed daily capacity of system in gallons 3,,695,000 2. Storage Capacity 2a. Elevated storage in gallons: 1,850,000 2b. Ground storage in gallons: 1,845,000 Page 3 of 12 rexas watvr kvie4mont bw D. Projected Demands I., The estimated water supply requirements for the next ten years using population trends, historical water use,, economic growth, etc. Year Population Water Demand (gallons) --2021 33,778 1,331,628,760 2022, 331853 1,334,485,260 202,3 33,928 1,33 7,441, 760 202'4 34,003 1,340,398,260 2025 34,078 1,343,354,760 2026 �34,153 1,346,311,260 2027 34,228 1,349,267,760 2028 34,303 1,352,224,260 2029 34,378 1,355,180,760 2030 34,449 1,357,9791,580 2. Description of source data and how projected water demands were determined, III TWDB REGIONAL WATER PLAN & LAPORTE UTILITY PROFILE REPORT I E. High Volume Customers The annual water use for the five highest volume RETAIL customers. Customer Water Use Category Annual Water Ilse Treated orRaw CHEMICAL LIME CORP. Commercial 44,534,700 Treated FOREST VISTA MOBILE HOME PARK Residential 21,156.000 Treated PECAN MHP INVESTORS, LLC, Residential 12,334,300 Treated Albemarle Corporation Industrial 10,945,200 Treated Harbour Bay Office Residential 8,401,900 Treated 2. The annual water use for the five highest volume WHOLESALE customers. Customer Water Use Category Annual Water Use Treated or Raw City of Morgan's Point Municipai 79,400 Treated Page 4 of 12 lexasWater, Dmh"Ontowd J.11 NIX k %Tfil"a N012 I NA F. Utility Data Comment Section Additional cornments about utility data. secflcm lk systown, F)ata A. Retail Water Supplier, Connections 1. List of active retail connections by major water use category. Water Use Category Total Retail Percent of Total Type, Connections (Active + Connections Inactive) Residential - Single Family 11,555 72A9 % Residential - Multi Family 3,111 19Z2 % Industrial 71 0.45% Commercial 1,102 6.91 % Institutional 101 0.63% Agricultural 0 0.00% I Total 15,9401 100.0 2. Net number of new retail connections by water use category for the previous five years Net Number of New Retail Connections Year 2019 Residential,- i� Single Family 183 Residential - Multi -Family 0 Industrial 2 Commercial 12 institutional 0 Agricultural 0 Total 1971 2018 73 0 6 10 0 0 89 2017 33 2 0 21 0 0 56 2016 74 0 1 27 4 0 106 2015 79 3 1 34 7 0 124 Page 5 of 12 B. Accounting Data The previous five years' gallons of DETAIL water provided in each major water use category, Year Residential - Residential - Industrial Commercial Institutional Agricultural Total Single Family Multi -Family 2019 621,401,940 184,431,300 29,030,900 283,614,400 39,159,293 0 1,157,637,833 2018 674,586,600 135,879 300 34,222,100 274,050,757 35,281,843 0' 1,154,020,900 2017 662,882,800 134,136,000 24,574,200 260,684,300 34,863,370 0 1,117,140,670 2016 645,329,800 134,287,300 25,833,500 256,074,320 35,663,500 0 1,097,188 420 201 693,990,600 168 055 700 16 228 100 � 228 591 700 r 28r 179 100 0 1,135,045, 200 G. Residential Water Use The previous five years residential GPCD for single family and multi -family units. Total Residential 1,. M d M Page 6 of 12 Texas Water kW1kNmw* NW D. Annual and Seasonal Water Use 1, The previous five years' gallons of treated water provided to RETAIL customers. Total Gallons of Treated Water Meath January 2019 103,337,000 2018 121,193,000 2017 105,257,000 2010 109,459,000 2015 1.09,773,000 February 92,542,000 99,031,000 96,541,000 102,915,000 99,811,000 March April 108,351,000 107,823,000 113,277,000 109,516,000 105,713,000 1.08,726,000 112,605,000 103,634,000 107,410,000 110,367,000 May 118,173,000 139,963,000 120,828,000 112,109,000 115,433,000 June 115,421,000' 128,619,000, 110,392,000 113,260,000 119,554,000 July 122,441,000 136,310,000' 113,884,000 140,005,000 139,914,00,0 August 125,929,000 134,693,000 114,576,000 131,194,000 153,935,000 September 119,480,000 110,206,000 112,027,000 118,245,000 116,804,000 October 114,933,000 113,909,000 120,123,000 125,560,000 124,316,000 November 102,371,0001 95,792,000 108,326,000 1.18,802,000M f�e�cember 103,265,000 104,433,000 104,128,000 1,12,699,000 Total 1,334,066,000 1,406,942,000 1,320,521,000 1,400,487,000' Rage 7 of 12 lexas Vlabu Dmbpnmt Bad 2. The previous five vears' gallons of raw water provided to RETAIL customers. Total Gallons of Raw Water Month 2019 _ 2018 2017 2016 2015 January 0 0 0 0 0 ._... u February 0 0 0 0 0 March 0 0 0 10 0 April 0 0 0 10 0 May 0 0 0 0 0 July 0 0 0 0 0 August 0 0 0 0 0 September 0 0 0 0 0 October 0 ( 0 0 0 November 0' 0' 0 0 0 December 0 0 0 0 0 iota) 0 0 0 0 0 3. Summary of seasonal and annuals water use. Summer RETAIL (Treated + Raw) Total RETAIL (Treated + Raw) 2019 2018 363,791,000 399,622,000 1,334,066,000 1,406,942,000 2017 338,852,000 1,320,521,000 2016 384,4S9,000 1,400,487,000 2015 413,403,000 1,417,460,000 Average in Gallons 380,025,400.00 1.,375,895,200.00 Page 8of1 lexas Mak"Ont kod E. Water Loss Water Loss data for the previous five, years, Year Total Water Loss Water Loss In Water Loss as a in Gallons GPCD Percentage 2019 111,707,515 9 8.43% 2018 196,601,182 16 13,94% 2017 161,763,705 13 12.11 % 2016 214,582,085 17 15,68% 20 IS 219,077,1481 17 15.50% Average 180,746,3271 14 13,13% F. Peak Day Use Average Daily Water Use and Peal< Day Water Use for theprevious five years. Year Average Daily Peak Day Use Ratio use (gal) (gal) (peaklavg) 2019 3,654,975 3954250 1.0819 2018 3,854,635 4343717 1J269 ZU17 3,617,865, 3683173 1.0181 2016 3,836,950 4178902 1,0891 2015 3,883,452 4493510 1.1571 G, Summary of Historic Water Use Water Use Category Historic Average Percent of Connections Percent of Water Use Residential - Single Family 659,638,348 72A9 % 58,26% Residential - Multi -Family 151,357,920 19.52 % 13,37% Industrial Commercial 25,977,820 260,603,095 OAS % 6. 2.29% 23.02% Institutional 34,629,421 0.63 % 3O 6 0/. Agricultural 0 000 % ala Page, 9 of 12 lexas kukWEA DOW 1-1. System Data Comment Section I sec'Con HL syste"rin -')�"itna A. Wastewater System Data Attached ffle(s): File Name File Description WASTEWATER.pdf 1. Design capacity of wastewater treatment plant(s) in gallons per day: 7,,560,000 2. List of active wastewater connections by major water use category, Water Use Metered Unmetered'i Total Percent of category Connections Total Connections Municipal 14,666 014,666 95,38 % Industrial 57 0 57 0.37% Commercial 553 0 553� 3.60 % Institutional 101 0 101 0,66 % Agricultural0 0 0 0 .00% D Total 15,3771 0, 15,377[EEE100.00 1%)IG 3. Percentage of water serviced by the wastewater system: 96,40% Page 10 of 12 V 4, Number of gallons of wastewater that was treated by the utility for the previous five years. Total Gallons of Treated Water Month 018 2017 2016 2015 January 178,624,000 143,180,000 124,518,000 115,117,000 143,029,000 February 155,109,000 139,684,000 79,940,000 77,921,000 69,631,000 March 95,090,000 96,470,000 117,614,000 110,386,000 163,703,000 April 90,120,1000 97,386,000 103,988,000 118,024,000 129,891,000 May 162,611,000 86,225,000 81,187,000 117,733,0010 185,358,000 June 123,892,000 96,393,000 121,136,000 162,301,000 152,628,000 July 106,452,000 121,712,000 111,711,000 83,326,000 68,520,000 August 102,926,000 1102,183,000 176,391,000 148,315,000 85,068,000 September 160,526,000 236,091,000 112,951,000 95,984,000 106,423,000 October 134,137,0010 150,735,000 94,806,000 72,887,000 113,205,000 November 114,602,000 130,921,000 76,580,000 72,258,000 147,987,000 December 89,155,000 148,332,000 112,985,000 108,329,000 110,802,000 Totall 1,513,244,00011,549,312,000 1,313,807,00011,282,581,00011,476,245,000 5, Could treated wastewater be substituted for potable water? 0 Yes (j) No B. Rouse Data 1. Data by type of recycling and reuse activities implemented during the current reporting period. Type of Reuse Total Annual Volume (in gallons) On -,site Irrigation Plant wash down 53,341,000 19,415,430 Chlorination/de-chlorination 1,941,5�70 Industrial Landscape irrigation (park,golf courses) 0 Agricultural Discharge to surface water 1,456,159,000 Evaporation Pond 0 Other Totall Page 11 of 12 MWEIIIIJAINIP11112 rim 11A C. Wastewater' yysem Data Comment Additional comments and files to support or explain wastewater system data listed below. On the previous page, the amount listed for onsite irrigation is actually the, amount for the landscape irrigation at the nearby Golf Course,The City of La Porte has a Type 2 Reclaimed Water Permit, Authorization #R 10206001. Also, not included in A. 4, (amount of wastewater treated), there was an additional 474,000,780 gallons of wastewater (total for the last 5 years) pumped to another wastewater treatment facility. This wastewater system belongs to LaPorte, but is not piped to our city wastewater treatment plant. But this area is part of the water service area. Page 12 of 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Shelley Wolny Department: Finance Report 4" Resolution Ordinance Exhibits: Resolution, Deed, Attorney Letter, Analysis, Bid & Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' 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 property located on 0 Easy Street, La Porte on the public resale list since 2014 and has received a minimum bid from Blacksmith Holdings, LLC in the amount of $6,989.38, 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. 1999-18236 — 0 Easy Street, La Porte, Texas 77571— Offer $6,989.38 (cost + taxes) RECOMMENDED MOTION I move to approve of a bid by Blacksmith Holdings, LLC to acquire a tax resale property described as: Tract 1, Lot 383, Block 10 of Battleground Estates, Section 2, a Subdivision of Harris County, Texas according to the map or plat thereof filed in the Real Property Records of Harris County, Texas. Account No. 080-026-000-0383. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Map LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713.844.3400 February 20, 2020 Email: Chips@1gbs. com Direct: 713,576 7264 Shelley Wolny, City Treasurer HAND DELIVERED City of La Porte Finance Department 604 W. Fairmont Parkway LaPorte, Texas 77571 RE: Tax Resale Bid in Lawsuit No. 1999-18236; City of LaPorte, Et Al vs. Rafael Reyes; Account # 0800260000383 Dear Ms. Wolny: A private tax resale bid in the amount of $6,989.38 has been received from Blacksmith Holdings LLC for a property that is owned in trust by the City of La Porte, La Porte ISD, Harris County and San Jacinto Community College District pursuant to a constable's tax sale. I have attached to this letter the tax resale bid, a tax resale bid analysis, a tax resale resolution, a proposed tax resale deed, and a Harris County Appraisal District map of the subject property. The amount of the tax resale bid is sufficient to allow the City of La Porte to consider acceptance of this bid and convey the subject property without the approval of La Porte ISD, Harris County and San Jacinto Community College District. Therefore, I would respectfully request that this tax resale bid be placed on an upcoming agenda of the City Council of the City of La Porte. I am available to attend the Council Meeting in order to address any questions that arise. A suggested wording of the agenda item is as follows: Consider approval of a bid by Blacksmith Holdings LLC to acquire a tax resale property described as: Lot 383, Block 10 of Battleground Estates, Section 2, a Subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 42, Page 23 of the Map Records of Harris County, Texas. Account No. 0800260000383. Please do not hositate to contact me if you have any questions, need additional information or would like to meet with me with respect to this or any other matter. Best Re rds-; --, _... . Charles Austin "Chip" Sutton Capital Partner Enclosures cc: Corby Alexander, City Manager City of La Porte City Manager's Office 604 W, Fairmont Parkway LaPorte, Texas 77571 City of La forte Tax Resale Biel Form The property is being sold for taxes, and all sales are made subject to a right to redeem within the time and manner provided by law. Purchasers do have a legal right to possession of the property during the redemption period. Purchasers will receive a Tax Resale Deed, which is without warranty. The Finn will not give out information on the title to the property other than the existence of post judgment taxes.' It is the bidder's responsibility to do their own title examination and satisfy themselves as to the condition of the title before submitting a bid. It is also the bidder's responsibility to satisfy themselves concerning the location and condition of the roe on the ground before subrnittin a hid. All properties are sold "As Is." If a higher bid is received any time before the City of La Porte has approved a previous bid, the Firm will contact all of the bidders so each bidder will have the opportunity to submit a higher bid. All bids must be submitted on this form. The completed form may be submitted to Linebarger Gown Blair & Sampson, LLP, Attention Chip Sutton at 4828 Loop Central Three, Suite 600, Houston, TX 77081. All bids will be subject to approval by the City Council of the City of La Porte. The bidder is r uired to pgy the full amount of their bid within ten ( 10) days of their notification of the acceptance of their bid. he A.rna lnl oi' EVid Includes then minimum bid at the ariainn] tax :fbrcclosurc Salo.<nd the i'mount duc. for _lics Bidder a cki1C3's�ie't��L� �'�.zt,lltt ,�itilL3ltrit due �i�r' t1(>4t jCfG��111�.fFL �� ��:s titCYc35Cs c aa it Cite fltil..°ci s tl3Lit� F?I The Firm and the City of La forte will not supply or pay for any closing costs, including, but riot limited to: Owner Financing Abstract of Title Appraisal Titie Policy Survey Termite Certificate Subject to the terms and conditions stated herein, I submit the following bid on the property described below: Amount of Sid: S 6989.38 Tax Lawsuit: 1.999-18236; CITY OR LA PORTE, ET AIL VS. R.AFAEL REYES, ET AL Tax Account No. 0800260000383 Legal Description: TRACT 1: LOT 383, BLOCK 10 OF BATTLEGROUND ESTATES, SECTION 21 CITY OF LA PORTE, HARRIS COUNTY, TEXAS Bidder's Nam.e(s): BLACKSMITH HOLDINGS LLC Address: 4312 PINE HARVEST LN MANVEL, TX, 77578 Telephone Numbers: 856-217-5430 Signed: / �/A�,;�� (MICHAEL SCHMIDT, RESIDENT AGE Dated: ( 1/28/2020 LiNEBARGER GOGGAN BLAIR &. SAMPSON, LLP ATTORNEYS AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713.844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 1999-18236; City of La Porte, Et Al vs. Rafael Reyes, Et Al Legal Description: Lot 383, Block 10 of Battleground Estates, Section 2, City of La Porte, Harris County, Texas; Account # 0800260000383 Situs Address: 0 Easy Street, La Porte, Texas 77571 Bidder: Blacksmith Holdings, LLC, 4312 Pine Harvest Ln, Manvel, Texas 77578 Pate of Sale: October 5,1999 Amount of Bid: $6,989.38 Judgment Amount: $5,722.68 Cost of Sale: $541.00 Adjudged Value: $7,800.00 % of Total Due: 100% (Of Judgment Amount, Costs and Post -Judgment Taxes) % of Adjudged Value: 90% JUDGMENT TAX YEARS: Entity Amount Due Amount You Name Each Entity Will Receive City of La Porte(1984-1998) $2,192,24 $2,192.24 LaPorte 1SD(1984-1998) $3,115.67 $3,115.67 Harris County(1994-1998) $354.84 $354.84 San Jacinto CCD(1994-1998) $59.93 $59.93 Totals $5,722.68 $5,722.68 POST -JUDGMENT TAX YEARS: Entity Amount Due Each Entity Amount You Name Will Receive City of La Porte(1999) $170.42 $170.42 La Porte ISD(1999) $396.09 $396.09 Harris County(1999) $136.10 $136,10 San Jacinto CCD(1999) $23.09 $23.09 Totals $725,70 $725.70 RESOLUTION 2020-07 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RESOLUTION AND ORDER WHEREAS, the City of LaPorte, LaPorte 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: Lot 383, Block 10 of Battleground Estates, Section 2, a Subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 42, Page 23 of the Map Records of Harris County, Texas. Account No. 0800260000383. 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 October 5, 1999, 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; 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; WHEREAS, the City of La Porte has received an offer of $6,989.38 to purchase the property from the Blacksmith Holdings LLC. NOW, THEREFORE, IT IS ORDERED by 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 Blacksmith Holdings LLC 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. Pagel of 2 APPROVED, PASSED AND ORDERED this the day of , 2020. LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and 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, acting through its duly elected officials (hereinafter "GRANTOR") as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BLACKSMITH HOLDINGS LLC (hereinafter "GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 1999-18236, City of La Porte, Et Al vs. Rafael Reyes, in the 1571h District Court of Harris County, said property described as follows: Lot 383, Block 10 of Battleground Estates, Section 2, a Subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 42, Page 23 of the Map Records of Harris County, Texas. Account No. 0800260000383. This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Suit No. 1999-18236 Page I Taxes for the 1999 tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and 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 has caused these presents to be executed this day of , 2020. CITY OF LA PORTE, TRUSTEE wo STATE OF TEXAS LOUIS R. RIGBY, MAYOR CITY OF LA PORTE X COUNTY OF HARRIS X This instrument was acknowledged before me on this day of , 2020, by Louis R. Rigby, Mayor of the City of LaPorte. Printed Name: Notary Public, State of Texas My Commission Expires: After recording return to: Blacksmith Holdings LLC 4312 Pine Harvest Ln. Manvel, Texas 77578 Snit No. 1999-18236 Page 2 5 I� STAASHEN OW-22Z- tv�t b'1 b704AJ 395 ...._121.92 394 •• 374 822 gpa8 —Oi3zxS:oi s396 393 375 -0374 0 806 � -0392 51397 g392 376 isn sso �398 172.36 �391 377 399 gg � 390 _ - - ~'' 378 820 -------- lip LLLI g -0398 g-0390�' -0377 EY_ 400 Q 389 379 0 50 100 200 m - - - ''_?0`�—° — Feet 401 - 9388 38€i 828Cr PUBLICATION DATE: Ito_-0350 -- 5/2/2019 LL- 397 381 "a $402 832 s f Lj A 619 �, Geospatial or map data � -_ 0- _____ maintained by the Harris ^t 382 832 CountyAppralsal District I N 3 g �38b R 0393 a is for informational purposes ,xxt3 s+o CM and may not have been 404 385 383 U prepared for or be suitable „g -0420 $ S. W) for legal, engineering, or � - —--------- -fl383. - r surveying purposes. It 405 828 384 tC does not represent an 2 0421 on -the -ground surveyarrd -0384'"w 6 rj only represents the 406 +� approximate location of property boundaries. is �6 MAP LOCATION �124a9 F244245 5 246� _408 g08 d ao`r$S0�----o ,rz+•a 92 291410o"FACET 41I 91 so sa �4i'-0-4 - DEAF 61 55C �413 0413 7 295 ; 296'' 297 '' 298 414 rrl� gzQ 11346 sa ry415345'344 343 �� , c" 416 -04g2 0 0 oc unman nm%11®® ®©man REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Shelley Wolny Department: Finance Report 4" Resolution Ordinance Exhibits: Resolution, Deed, Attorney Letter, Analysis, Bid & Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' 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 property located on North L Street, La Porte on the public resale list since 2014 and has received a minimum bid from Jose Angel Garcia in the amount of $26,600.00, 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. 2010-78247 — North L Street, La Porte, Texas 77571— Offer $26,600.00 (cost + taxes) RECOMMENDED MOTION I move to approve of a bid by Jose Angel Garcia to acquire a tax resale property described as: Tract 1, Lots 20 & 21, Block 1, of Pinegrove Valley, a Subdivision in Harris County, Texas according to the map or plat thereof filed in the Real Property Records of Harris County, Texas. Account No. 099-419-000-0020. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Map LINEBARGER GOGGAN BLAIR & SAMPsoN, LLP ATTORNEYS AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713.844.3400 February 20, 2020 Shelley Wolny, City Treasurer City of La Porte Finance Department 604 W. Fairmont Parkway La Porte, Texas 77571 Email: Chips@lgbs.com Direct: 713.576.7264 HAND DELIVERED RE: Tax Resale Bid in Lawsuit No. 2010-78247; La Porte ISD, Et Al vs. Leana Manderscheid, Individually and as sole heir of Robert Manderscheid; Account # 0994190000020 Dear Ms. Wolny: A private tax resale bid in the amount of $26,600.00 has been received from Jose Angel Garcia for a property that is owned in trust by the City of La Porte, La Porte ISD, Harris County and San Jacinto Community College District pursuant to a constable's tax sale. I have attached to this letter the tax resale bid, a tax resale bid analysis, a tax resale resolution, a proposed tax resale deed, and a Harris County Appraisal District map of the subject property. The amount of the tax resale bid is sufficient to allow the City of La Porte to consider acceptance of this bid and convey the subject property without the approval of La Porte ISD, Harris County and San Jacinto Community College District. Therefore, I would respectfully request that this tax resale bid be placed on an upcoming agenda of the City Council of the City of La Porte. I am available to attend the Council Meeting in order to address any questions that arise. A suggested wording of the agenda item is as follows: Consider approval of a bid by Jose Angel Garcia to acquire a fax resale properly described as: Lots 20 & 21, Block 1, of Pinegrove Valley, a Subdivision in Harris County, Texas as shown on the on the map or plat thereof recorded in Volume 152, Page 34 of the Map Records of Harris County, Texas. Account No. 0994190000020. Please do not hesitate to contact me if you have any questions, need additional information or would like to meet with me with respect to this or any other matter. Best Regards, ` -- Charles Austin "Chip" Sutton Capital Partner Enclosures cc: Corby Alexander, City Manager City of La Porte City Manager's Office 604 W. Fairmont Parkway La Porte, Texas 77571 City of La Porte Tax Resale Bid Form The property is being sold fbr taxes, and all sales are made subject to a right to recleeln within the tinge and rllanner provided by law. Purchaser's do have a legal right to possession of the property during the redemptlon period. i)urcllasers will.,rc4ceive as Tax R sale Deed which is without warranty. The flt'lil will not give otlt IElfbrrnatiorl oil the title to the property other than the existence of post judgment taxes. 'It is the blddets 1'E'tiI)C]11SII71Ilt () C�Q i�1Ctr_()5ti'r)_trtle G. naniinatlon and satls_Fy themselves as to the Condition of the title before submitting_il b1d, It IS also thebidder's re5pollsibjtity to_satisly themselves concerning gj rgr y the 1 eatlon and condition ofthOpoq file gr )un(I.bef7re stibill€ttlllb a bid All ..properties are sold "As Is." if a higher bid is received any time before the City of La Porte has approved a previous bid, the I-Irm will contact all ol'the bidders so each bidder will have the opportunity to submit a higher bid. All bids must be submitted on this form. The completed form may be submitted to Linebarger Goggan Blair &. Sampson, 1-1,11, Attention Chip Sutton at 4828 Loop Central Three, Suite 600, Houston, TX 77081. All bids will be subject to approval by the City Council of the City of 1,a Porte. The bidder is re(fuired to nav the full. �iirlount at�lheir, bid within Icn (10) days of their notification ofthe agMjtarlcc of theirs bid. .... ���€ �i' i3ic i� c�� t� _ ;�I bid al � the c.riLinai tax foreclosure safe and the ci;TTC u�tt c�uu ror Ocs€- 5 the MiT)i?I], �I� t ; ._.... ,c4 e�i ? P3U'tIC =� 5 tl.lzat €flu amount duo for JC3S� 1LL �C flT tF3Xe5 increases Scs each STtO:it ? l[iifil i i F[l The Firm and the City of l...a Porte will not supply or pay for any closing costs, including, but not linlited to: Owner I intlllein Abstract ofTitfe Appraisal 1'itic Policy Survey Termite certificate Subject to the €erI11S and conclitiolls stated Ilel•ein, 1 submit the following bid on the property described below: Aniount of Bid[: Tax Lawsuit: "Tax Account No. Legal Desel-iption: Bidder's Namc(s): Addt•ess: "I'c1epbolle Numbers: Si�nccl: rr• 2010-78247; LA TORTE ISD, ET AL, VS, LEANA MANDERSCIIEII), INDIVIDUALLY AND AS .SOLE HEIR TO ROBERT MANDERSCI-IEID, ET AL 0994190000020 TRACT 1: DOTS 20 & 21, 13LOCK 1, OF PINEGIZOVE, VALL EV SUPDIVISION, CITY OF LA PORTE, HARRIS COUNTY, `L'EXAS 2-' 3 A.`! - to033 Dated: LINEBARGER GOGGAN BLAIR & SAMPSGN, LLP ATTORNEYS AT LAIv 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713,844.3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2010-78247; La Porte ISD, Et Al vs. Leana Manderscheid, Individually and as sole heir of Robert Manderscheid Legal Description: Lots 20 & 21, Block 1, of Pinegrove Valley, City of La Porte, Harris County, Texas; Account # 0994190000020 Situs Address: North L Street, La Porte, Texas, 77571 Bidder: Jose Angel Garcia, 2002 Laura Lane, La Porte, Texas 77571 Date of Sale: December 3, 2013 Amount of Bid: $26,600 Judgment Amount: $25,193.38 Cost of Sale: $2,493.55 Adjudged Value: $25,000.00 % of Total Due: 91% (Of Judgment Amount, Costs and Post -Judgment Taxes) % of Adjudged Value: 106% JUDGMENT TAX YEARS: Entity Amount Due Amount You Name Each Entity Will Receive City of La Porte(1986-2012) $6,489.69 (26%) $5,851.70 LaPorte ISD(1986-2012) $13,370.03 (53%) $11,928.47 Harris County(1990-2012) $4,408.84 (18%) $4,051.18 San Jacinto CCD(1990-2012) $924.82 (3%) $675.20 Totals $25,193.38 $22,50655 POST -JUDGMENT TAX YEARS: Entity Amount Due Each Entity Amount You Name Will Receive City of La Porte(2013-2014) $396.94 $396.94 La Porte ISD(2013-20I4) $744.41 $744.41 Harris County(2013-2014) $355.01 $355.01 San Jacinto CCD(2013-2014) $103.54 $103.54 Totals $1,599.90 $1,599.90 RESOLUTION 2020-08 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RESOLUTION AND ORDER 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: Lots 20 & 21, Block 1, of Pinegrove Valley, a Subdivision in Harris County, Texas as shown on the on the map or plat thereof recorded in Volume 152, Page 34 of the Map Records of Harris County, Texas. Account No. 0994190000020. 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 December 3, 2013, 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; 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; WHEREAS, the City of La Porte has received an offer of $26,600.00 to purchase the property from the Jose Angel Garcia. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: I. 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 Jose Angel Garcia 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. Page 1 of 2 APPROVED, PASSED AND ORDERED this the day of , 2020. LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and 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, acting through its duly elected officials (hereinafter "GRANTOR") as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by JOSE ANGEL GARCIA (hereinafter "GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2010-78247, La Porte Independent School District, Et Al vs. Leana Manderscheid, Individually and as sole heir to Robert Manderscheid, Et Al, in the 269t' District Court of Harris County, said property described as follows: Lots 20 & 21, Block 1, of Pinegrove Valley, a Subdivision in Harris County, Texas as shown on the on the map or plat thereof recorded in Volume 152, Page 34 of the Map Records of Harris County, Texas. Account No. 0994190000020. This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. GRANTEE accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Suit No. 2010-78247 Page 1 Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Taxes for the 2013 and 2014 tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and 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 HAS CAUSED THESE PRESENTS TO BE EXECUTED THIS DAY OF .2020. STATE OF TEXAS CITY OF LA PORTE, TRUSTEE LOUIS R. RIGBY, MAYOR CITY OF LA PORTE X COUNTY OF HARRIS X This instrument was acknowledged before me on this day of , 2020, by Louis R. Rigby, Mayor of the City of La Porte. Printed Name: Notary Public, State of Texas My Commission Expires: _ After recording return to: Jose Angel Garcia 2002 Laura Ln. La Porte, Texas 77571 Suit No. 20 E 0-78247 Page 2 615410 O to J AC Ip ___-__-__ - ________________________ I n O C3 023-137-000-0341 00 n m N m °1 1,0040 AC 450 .......__ .......-._.. 11622 n °trj o S N o� w n , 023-136-000-0338 2.0673 AC --------------------- cs 4s 20 11624 y g - I CA5 24109 N......... N +N.1 �' I -0377 738 N N . .... . __.....24...:-:. .: 2 tJ -_--- ' N A Y ' 186- �....:.... tw PT1 pppp A � ' o I , o w A a W i ISO __......... .p w _ w _ k' 125 N W 6 ng� (0rn a 11706 -0296 ------ w------- rn Y 06 ____...- , N IDD N - �- - - - N 0020 T� 11706 _ ---- - I N � � _ _ N! -0017� N 0 N I p0) 11707 - -, w 0, o 0by p -0015 --------- corn 1") ------W---; - --------- a N $.... O N- y oo JcA to .-_I.n _ 10R .,...... 1171� a .__ s n Np n ° ' " N -0024 -0037_ _ m o ..._._ N ---------- v no - _ T1 __-___ -___ k39 N ].J I N / p - 1 1 oN, ©b I ow,, 11717 w 0036 a o ;a'8- W N o p 0 owro I O b 0 ; _ Oo29_ --t80......-__._ M 1 O N C7 c Horn w 1 11n$1060 ONO' w 1 O Q owu11808` ......_ .. - o �a nd sna- _ . pg 11808 Ot308 Illd � -OW co�b A o11811 �1181�?'0 00 oti 'I ,......: 0�2 . - D p 0 r -sek 814 1D813 w s; 0 � iCA y ��0�06 11815 ; 0005 IDD (n rn W�3 w 1181$ A 0004 to a cn Ill o� . v Dorn w 0035 - �� iA n 0003 - 9 I ' , Tm II N OO I 11 i19 N I ... 45 I 120... ....-� ( VOF\ i H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Shelley Wolny Department: Finance Report 4" Resolution Ordinance Exhibits: Resolution, Deed, Attorney Letter, Analysis, Bid & Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: ir Yes ir' 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 property located on 0 East Main Street, La Porte on the public resale list since 2000 and has received a minimum bid from Matthew A. Martinez in the amount of $17,000.00, 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. 2013-22072 — 0 East Main Street, La Porte, Texas 77571 — Offer $17,000.00 (cost + taxes) RECOMMENDED MOTION I move to approve of a bid by Matthew A. Martinez to acquire a tax resale property described as Tract 1, Lots 24, 25 & 26, Block 88, of Bay Front Addition to the Town of La Porte according to the map or plat thereof filed in the Real Property Records of Harris County, Texas. Account No. 006-178-088-0022. Approved for the City Council meeting agenda Map Corby D. Alexander, City Manager Date LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ArromFys AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713.844.3400 February 20, 2020 Email: Chips@lgbs.com Direct: 713.576 7264 Shelley Wolny, City Treasurer HAND DELIVERED City of La Porte Finance Department 604 W. Fairmont Parkway LaPorte, Texas 77571 RE: Tax Resale Bid in Lawsuit No. 2013-22072; La Porte ISD, Et Al vs. Jno S, Stewart, aka John Stewart, Et Al; Account ## 0061780880022 Dear Ms. Wolny: A private tax resale bid in the amount of $17,000.00 has been received from Matthew A. Martinez for a property that is owned in trust by the City of La Porte, La Porte ISD, Harris County and San Jacinto Community College District pursuant to a constable's tax sale. I have attached to this letter the tax resale bid, a tax resale bid analysis, a tax resale resolution, a proposed tax resale deed, and a Harris County Appraisal District map of the subject property. The amount of the tax resale bid is sufficient to allow the City of La Porte to consider acceptance of this bid and convey the subject property without the approval of La Porte ISD, Harris County and San Jacinto Community College District. Therefore, I would respectfully request that this tax resale bid be placed on an upcoming agenda of the City Council of the City of LaPorte. I am available to attend the Council Meeting in order to address any questions that arise. A suggested wording of the agenda item is as follows: Consider approval of a bid by Matthew A. Martinez to acquire a tax resale property described as: Lots 24, 25 & 26 in Block 88, of Bay Front Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 53, Map Records of Harris County, Texas. Account No. 0061780880022. Please do not hesitate to contact me if you have any questions, need additional information or would like to meet with me with respect to this or any other matter. Best _R_ egards, Charles Austin "Chip" Sutton Capital Partner Enclosures cc: Corby Alexander, City Manager City of La Porte City Manager's Office 604 W. Fairmont Parkway LaPorte, Texas 77571 -14 City of La Porte Tax Resale Bid Farm The property is being sold for taxes, and all sales are made subject to a right to redeem within the time and manner provided by law. Purchasers do have a legal right to possession of the property during the redemption period. A ha a will ce' e xResale Deed. wbi-clisThe firm will not give out information on the title to the property other than the existence of post judgment taxes. 1111 ft bidder's s o sibi i(y to do their a title examina 'on and icfvhem v the Igion 2f 1he litle before submitting a bid. It i§ also the bidder's M���-themsclyes 0oncerningthe location Ind conditio of e pLoppdy on the ound before submi in a bid, All properties arc sold "As 11" If a higher bid is received any time before the City of La Porte has approved a previous bid, the Firm will contact all of the bidders so each bidder will have the opportunity to submit a higher bid. All bids must be submitted on this form. The completed form may be submitted to Linebarger Goggan Blair & Sampson, LLP, Attention Chip Sutton at 4828 Loop Central Three, Suite 600, Houston, TX 77081. All bids will be subject to approval by the City Council of the City of La Porte, The -bidder is required to 12ay the full a oun of their bid within ten 00) da s of thei n c #ion of a acce ticg of their bid. l lie Ar2iount of I3iIi �nedurle the rni i un d a t o ' +i al to ' l = osu a sate „fir d the_amouW_duelar nost- jud grnent tapes. 'I) e irfter ntvl $ ea a a o n t•'u c as e t i 111 The Firm and the City of La Porte will not supply or pay for any closing costs, including, but not limited to; Owner Financing Abstract of Title Appraisal ' Tide Policy Survey Termite Certificate Subject to the terms and conditions stated herein, I submit the following bid on the property described below: Amount of Bid: 1-1,,000 Tax Lawsuit: 2013-22072; LA PORTE I.S,D., ET AL VS. JNO S. STEWART, AKA JOHN STEWART, ET AL Tax Account No. 0061780880022 Legal Description: LOTS 24, 25 & 26, BLOCK 88, OF BAYFRONT ADDITION TO THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS /"14 Bidder's Name(s): L�A_910 ), A dJAA7 e2 Address: 7" J7 A q or Telephone Numbers: Signed: Dated: Scanned with CamScanner LINEBARGER GOGGAN BLAIR & SAMPSON, LLP ATTORNEYS AT LAW 4828 Loop Central Drive Suite 600 Houston, TX 77081 Main: 713,844,3400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit No. 2013-22072; La Porte ISD, Et Al vs. JNO S. Stewart, aka John Stewart, Et Al Legal Description: Lots 24, 25 & 26, Block 88, Of the Bayfront Addition to the Town of La Porte, Harris County, Texas; Account # 0061780880022 Situs Address: 0 East Main Street, La Porte, Texas 77571 Bidder: Matthew A. Martinez, 728 S. Utah Street, La Porte, Texas 77571 Date of Sate: September 2, 2014 Amount of Bid: $17,000.00 Judgment Amount: $ 14,696.79 Cost of Sale: $2,570.00 .Adjudged Value: $13,200 % of Total Due: 95% (Of Judgment Amount, Costs and Post -Judgment Taxes) % of Adjudged Value: 129% JUDGMENT TAX YEARS: Entity Amount Due Amount You Name Each Entity Will Receive City of La Porte(] 990-2013) $3,644.30 (25%) $3,471.75 La Porte ISD(1990-2013) $7,803.65 (53%) $7,360.11 Harris County(1993-2013) $2,698.79 (18%) $2,499.66 San Jacinto CCD(1993-2013) $550.05 (4%) $555.48 Totals $14,696.79 $13,887.00 POST -JUDGMENT TAX YEARS: Entity Amount Due Each Entity Amount You Name Will Receive City of La Porte(2014) $129.31 $129.31 La Porte ISD(2014) $264.08 $264.08 Harris County(2014) $115.81 $115,81 San Jacinto CCD(2014) $33.80 $33.80 Totals $543.00 $543.00 RESOLUTION 2020-09 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § RESOLUTION AND ORDER WHEREAS, the City of LaPorte, LaPorte 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: Lots 24, 25 & 26 in Block 88, of Bay Front Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 53, Map Records of Harris County, Texas. Account No. 0061780880022, 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 September 2, 2014, the City of LaPorte, 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; 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; WHEREAS, the City of La Porte has received an offer of $17,000,00 to purchase the property from the Matthew A. Martinez. NOW, THEREFORE, IT IS ORDERED by the City of La Porte: I. 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 Matthew A. Martinez 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. Page 1 of 2 APPROVED, PASSED AND ORDERED this the day of , 2020. LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2 of 2 Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. (Language pursuant to Section 11.008 of the Texas Property Code) STATE OF TEXAS X X TAX RESALE DEED COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for itself and LA PORTE INDEPENDENT SCHOOL DISTRICT, HARRIS COUNTY, 14ARRIS 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, acting through its duly elected officials (hereinafter "GRANTOR") as authorized by Section 34.05 of the Texas Property Tax Code, for and in consideration of the sum TEN DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by MATTHEW A. MARTINEZ (hereinafter "GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and does hereby convey unto said GRANTEE all of the right, title and interest of GRANTOR and all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Suit No. 2013-22072, La Porte Independent School District, Et Al vs. Jno S. Stewart, aka John Stewart, Et Al, in the 157"' District Court of Harris County, said property described as follows: Lots 24, 25 & 26 in Block 88, of Bay Front Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 53, Map Records of Harris County, Texas. Account No. 0061780880022. This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time: any and all rights of redemption, restrictions, covenants, conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the hereinabove described property, but only to the extent that they are still in effect and shown of record in the hereinabove mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relate to the hereinabove described property. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said GRANTEE, his heirs and assigns forever, so that neither the Grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any paid thereof. GRANTEE accepts the property in "AS IS, WHERE IS" condition and subject to any environmental conditions that might have or still exist on said property, and subject to any title defects and deficiencies, and also subject to the right of redemption, if any, provided under the Texas Property Suit No. 2013-22072 Page 1 Tax Code. GRANTEE acknowledges and agrees that this conveyance is expressly made without warranty. Taxes for the 2014 tax years and also the present tax year are to be paid by GRANTEE herein. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for itself and 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 has caused these presents to be executed this day of , 2020. CITY OF LA PORTE, TRUSTEE I0 STATE OF TEXAS LOUIS R. RIGBY, MAYOR CITY OF LA PORTE X COUNTY OF HARRIS X This instrument was acknowledged before me on this day of , 2020, by Louis R. Rigby, Mayor of the City of La Porte. Printed Name: Notary Public, State of Texas My Commission Expires; _ After recording return to: Matthew A. Martinez 728 S. 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C t Y` O `, 5t �5W N', � ,,� 51 t,`�. 5ti5 \O0 , \\yz`�'�` j+1')✓ �. ,� . r�,�'�' ^ N , �i''W Ny`, \ �� � ,5t'yU•-a c'\��'�c'-'�`` `' `5'�,� 4 ^�", p' �.,4'• � ��lJ '�' "�'Oro�A"'-�'re �' ' 6254D8 .. p... 0 "n ... .... .. . 3 = Mo n — p II�a .vg ,vcco maq Na co0 ',- WmM',. 0 Zam�� om'H m o `n o ice- 2 a i n N CO A J w cn REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Lorenzo Wingate, Asst. Dir. Department: Public Works Report i' Resolution 1�'°' Ordinance Exhibits: Cover letter, Pipeline Permit application, MSDS Sheets, Vicinity Map, Construction Drawings, and Safety Monitoring Letter Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY Baymark Pipeline LLC (Baymark) has made application with the City of La Porte to construct a 12" ethylene pipeline project through the City. The project will provide a discharge line from a soon to be constructed surface site, located approximately 400 feet north of the eastbound u-turn where Fairmont Parkway crosses the railroad tracks. The discharge line will extend ninety-two (92) miles across Harris, Galveston, Brazoria, and Matagorda Counties, Texas to a facility site near Markham, TX. The pipeline will be monitored at all times by trained and qualified personnel via a Supervisory Control and Data Acquisition (SCADA) system which monitors conditional changes in pressure and flow. The SCADA system allows for remote operation of valves upon identification of any problem along the pipeline. Staff has reviewed Baymark's plans for the 12" pipeline project and determined the company's plans for construction meets the requirements of the City's ordinance and presents no conflicts with existing water, sewer or drainage facilities along its route. Baymark has provided the attached Upon approval by the City Council, staff will execute a construction permit to Baymark Pipeline LLC, in duplicate originals, one which shall be delivered to the permittee and one which shall be retained by the City, as required by ordinance. RECOMMENDED MOTION I move that the Council authorize the City Manager to execute a Pipeline Permit with Baymark Pipeline LLC for the construction of a 12" crude pipeline within the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Enterprise Products Baymark Pipeline LLC February 26, 2020 City of La Porte ,Attention: Lorenzo Wingate, P.E., C.F.M. / City Engineer 2963 N. 23rd. Street La Porte, TX, 77571 RE: Pipeline Permit Application: Baymark Pipeline LLC Proposed 12-inch pipeline La. Porte, Harris County, TX Mr. Lorenzo: City of La Porte, Texas Sec. 102-235 Baymark Pipeline LLC (Baymark) is requesting approval to install approximately 747.6 feet of 12 inch carbon steel pipeline within the City of La Porte, TX. 'rhe project will commence from an existing site within the City of La Porte and continue to a facility site near Markham, TX. Bayrnark Pipeline LLC (Baymark) proposes to construct, operate and maintain a new 92-mile long, 12 inch diameter Ethylene pipeline in Harris, Galveston, Brazoria and Matagorda Counties, Texas, referred to as the Bayport to Markham Pipeline (Project). The proposed pipeline has been designed and will be constructed in accordance with the requirements of applicable federal, state and local rules and regulations. Design and construction shall be performed in accordance with US Code of Federal Regulations, Title 49 Para 195. The pipeline will be of Carbon Steel with 12.750" O.D. x 0.,472" W.T. Pipe specification is API 5L, X-60, 1.5-22 MILS Fusion Bonded Epoxy (FBE) and 30 to 40 MILS Abrasion Resistant Overlay (ARO). Pipe will be cathodic protected of Impressed Current. Design pressure of21.6,0 PSIU and a Design Factor 0.72. During typical pipeline construction, the construction spread (crew and equipment) will proceedd along the temporary construction ROW in one continuous operation. Construction will employ a combination of methods including the open - cut., horizontal directional drill (HDD), and conventional bore techniques using bulldozers, track -hoes, conventional bore, and. HDD equipment. The pipeline crossing under W. Fairmont Pkwy. Road is planned for a Horizontal Directional. Drill (HDD) installation., Baymark Pipeline LLC's Contractor will use its vehicles in such a manner as to not block or unreasonably interfere with other traffic. Contractor will implement reasonable safety measures necessary for the transportation of materials and equipment during construction which would incorporate appropriate Texas Department of Transportation Traffic Control Plans as need be. Baymark Pipeline LLC plans to go to construction for tine entire pipeline starting May 15, 2020. Baymark. Pipeline LLC will be in continuous contact and notify the City of La Porte officials 48 hours prior to construction of the timing of the exact start date of construction and the time to complete work. P.O. Box 4324 1100 Louisiana Street Houston, Texas 77210-4324 Houston, Texas 77002.5227 713.381.6500 www.enterpriseproducts,carn In response to the questions per The City of La Porte Code of Ordinances, Chapter 102, .Article IV - Pipeline Transportation, Section 102-235 - Application for Permit, the applicant responds as follows: (1) The name, business address and telephone number of the pipeline owner and operator; Response: Baymark Pipeline LLC - 1100 Louisiana. St., Attn: Capital Products, Land, Jeffrey L. Waldo, Houston, TX. 77002 - 713-381-6500 I E (2) The names, titles and telephone numbers of the following persons: a. The person submitting the information; FEB 2 B 2. Response: Patty Riddels, Permit Agent - 903-814-1671 b. The principal contact for° submittal of information; : Y Response: Jeffrey L. Waldo, Agent & Attorney -in -Fact -713-3811-6500 c. The 24-hour emergency contact (and an alternate 24-hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or - its jurisdiction, and 3. Can furnish the common name of the material then being carried by the pipeline. Response: Gail Wyatt -Chief Inspector-601-382-1717-hgwyatt@aol.corn during construction. After construction, J.R. Logan, Regional Manager - Last Texas Region, 281-756-42.01 or 713-542-2328, JLoganeprod.corn (3) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. Response: Baymark Pipeline's origin is approximately .24 miles west of the intersection of S. 16th. Street and W. Fairmont Pkwy and continues through. Harris, Galveston, Brazoria and Matagorda counties ending near- Markham, Texas. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available, Response: Baymark Pipeline LLC is an Ethylene product (5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and State Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; Response: 2160 PSIG (6) The normal operating pressure range of the pipeline; Response: 1500 P'SIG (7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or Permitted to flow through any and all of the particular portions of the pipeline, if applicable; Response: 1 OOF (8) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate limits and ETJ of the city. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet; Response: See attached drawing (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director„ b. A plan accurately showing the location, course and alignment of the proposed pipeline, including valve locations (existing and proposed), and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) neaps. Response: Construction is scheduled to begin May 15, 2020.- See attached drawings (10) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations, and Response: The pipeline will comply with applicable standards required by this article as well as all. applicable federal, state and local laws and regulations. (11) A statement that the permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee"s sole expense, when the city reasonably requires such action incidental to public construction or public improvement. Construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed and certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. Response: The permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improvement: Construction, maintenance and improverent of streets, water lines, sanitary sewer lines, storm sewers, ditches ad public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed and certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but o later than one hour after commencing repairs or maintenance. Response: The permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance. if any additional information is required, please do not hesitate to contact me at 903-814-1671 or patty.riddels cr percheronllc.com. Please send any correspondence to my attention at. Patty Riddels - 3121 Nichols Ave, Bay City, TX 77414, Sii 11 y, Fatty KAme'rs Permit Agent - Field Services "IVED t"J" F .B 2 8 2020 BY.___..m .... �� IECE- 1, �VE D F"EB 2 8 20ne: City of La Porte .470.5073 Planning & Development Departmen fl 604 W, Fairmont P,kwy. Fax: 2U470.5005 La Porte, TX 77571 PIPELINE PERMIT APPLICATIO14 www. ortetx,gov . .. . . ........ . 1. PIPELINE PROJECT DATA: Project Name: BaYPont.Markham Project Origin: L@Porlejexas Project Destination: Markham, Texas Pipeline Diameter: 12' Pipeline Commodity: Ethylene Normal Operating Pressure: PSI; Max, Operation Pressure 2160 PSI; Max. Allowable Temp. 100'F 2. PIPELINE OWNER: Owner Name: 138ymarkPipeline LLC Owner Address: P.O. Box 4324Houston„ TX77210-4324 Attention: Jeffrey L. WaMo Owner Phone: 713-381,613100 owner FaX: NA Owner Email: Iiwaldoaeprodmrn 3. PERMIT APPLICANT (Owner's Agenit): Company Name: Pwcheron Company Address: 3121 Nichols Awe. Bay city Tx. 77414 Agent Name: PaVty Riddels Agent Title: Permit Agent Agent Phone: 803-814-1671 Agent Fax: NfA Agent Email:' patlysiddelsopercheronk.com 4. PIPELINE CONTRACTOR:TBD Company Name: TDD CompanyAddreSS: T13D Primary Contact Name: TBD Primary Contact Title: Primary Contact Phone 1: TDD Primary Contact Phone 2: Primary Contact E-Mail: TSD 5. 24-HOUR EMERGENCY CONTACTS: Primary Contact Name: 24-HourErnergency Contact Primary Contact Title: Emergency Hatfine Primary Contact Phone 1: 600-895-2396 Primary Contact Phone 2: Primary Contact E-Malk Secondary Contact Name: J.R. Logan Secondary Contact Title: Regional Manager -East Texas Region Secondary Contact Phone 1: 281-756-4201 Secondary Contact Phone 2: 713-542-2328 Secondary Contact E-Mail: JLDW@eProd-corn 6. APPLICATION CHECKLIST& SUPPORTING DOCUMENTATION (Check applicable boxes): COMPLETE ITEMS 1-6 OF PERMIT APPLICATION' SCHEDULED START DATE OF CONSTRUCTION: SUBMIT PROJECT PLANS (3 HARCCOPIES —OR- DIGITAL.PDF) MAY 2020 ATTACH PIPELINE APPLICATION FEE OF $1,000.00 ESTIMATE DURATION OF CONSTRUCTION: PRINT & SIGN APPLICANT NAME BELOW I year J,ffray L. Waldo. Agent a.d Attorney -in -Fact APPLICANT'S PRINTED NAM E: APPLICANT'S SIGNATURE: (STAFF USE ONLY).,, PERMIT NO V PERMITAPPROVED BY., DATE OFAPPROVAL: FE8 2 8 2G?0 CHAPTER 102, ARTICLE IV, LA PORTE CODE OF ORDINANCES "PIPELINE TRANSPORTATION" *Editor's note. Ordinance No. 2004-2755, § 1, adopted July 12, 2004, repeated the former Art. IV, §§, 102-231--102-237, 102-261--102-265, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, § 1(,18-A- 1)-- (11 8-A- 12), 3-6-72. Cross references: Businesses, ch. 22. State law references: Transportation of gas and gas pipeline facilities, safety standards, preemption, Vernon's Ann. Civ. St. art. 6053-1 . Sec. 102-231. Declaration of policy. The city council declares that the policy of the city in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be stated in this article. The provision of this article shall be administered by the director of planning or his designee. (Ord. No. 2004-2,755, § 1, 7-12-04) M-411MINFENE M111 11: 11•MIT-T11 R! r, I "M All terms used herein shall be taken in their ordinary signification except the following: City shall mean the City of La Porte now incorporated and as hereafter expanded by annexation or consolidation. Commodity shall mean any liquid or gaseous substance or other product capable of being, transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. Director shall mean the director of planning or his designee. Operational boundary shall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intended to extend to rights -of - way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and: operational facilities. Permittee shall mean the person to whom a permit is issued under the provisions of this ordinance. Person shall mean an individual, corporation, partnership, association or any other entity, however organized, Pipeline shall mean any pipeline or part thereof, including pipe, valves and any appurtenances thereto, which is used for the transportation of a commodity into, across, under or over the city, "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline "EIVED 1- 1:1:'3 2 020 �3 Y crossing the operational boundary of any industry operating, in whole or part, in the city, "Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on, within or under a person's operational boundary. Relocation shall mean the horizontal or vertical movement of a pipeline. Reposition shall mean the movement of a pipeline when such movement is necessary for the public construction, or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. (Ord. No. 2004-2755, § '1, 7-12-04) ,Cross references: Definitions generally, § 1-2. Sec. 102-233. Exemiption. This article shall not extend to, (1) Any person now or hereafter providing natural gas service for residential and business use only within the city pursuant to a franchise from the city as a gas distribution utility; (2) Raw or potable water pipelines, valves and appurtenances, or (3) City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and appurtenances, except industrial wastes transported by pipeline to treatment facilities outside the corporate city limits. (Ord, No. 2004-2755, § 1, 7-12-04) Sec. 102-234. Permit required. No person shall commence the construction, relocation or reposition of a pipeline within the city without a permit being obtained from the city for such pipeline under the terms of this chapter. (Ord. No, 2004-2755, § 1, 7-12-04) Sec. 102-236. Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (1) The name, business address and telephone number of the pipeline owner and operator; (2) The names, titles and telephone numbers of the following persons., a. The person submitting the information; b. The principal contact for submittal of information; and F L WE FOR 2 c, The 24-hour emergency contact (and an alternate 24-hour contact), Ao 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its, jurisdiction; and 3. Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the submittal if the owner or operator is required by federal or state law to have material :safety data sheets available; (5) The maximum allowable operating pressure on the pipeline as determined according to the U,S,. Department of Transportation and State Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; (6) The normal operating pressure range of the pipeline; (7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable; (8) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate limits and ETJ of the city. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director; b., A plan accurately showing the location, Course and alignment of the proposed pipeline, including valve locations (existing and proposed), and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) maps. (10) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations, and (11) A statement that the permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility righit-of-way, drainage way or public way existing or projected at the time the permit is issued, reposition such 2 2(12 1) pipeline (which shall include lowering or raising the pipeline, as well as casing it, if the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improvement: Construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning, (12) A statement that the permittee shall notify the director at least 48 hours, prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance. The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the permittee to the director within ten days, excluding weekends and city holidays, of the permittee's receipt of the director's written request. While awaiting the requested information, the period in, which the city must process the application shall be suspended. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-236. City council consideration. (a) Within 60 days from the date on which the official application is received at the official address for the director, the director shall advise the applicant whether, based on the director's professional judgment, the contemplated construction, relocation, replacement or reposition is in compliance with this article. If the director does not deem the contemplated construction to be in compliance with this article, the director shall notify the applicant, in writing, of any deficiencies found, (b) After the notice described in subsection (a) of this section is given to the applicant, the director, based upon the assessment of the director and other city personnel, shall report to the city council upon his examination of such application and plans, including such changes in the plans as the applicant may have made upon his suggestion, with his recommendation as to the granting or denying of the permit application, based upon compliance or noncompliance with this article, at the next regularly scheduled city council meeting for which: adequate notice may be given, The director shall in such report and recommendation state whether the proposed course or alignment of the pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas, location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches and pubd�ic utilities incident to such probable future development. (c) After the report and recommendation, is made to the city council, the city council shall consider approval or denial of the permit,, (Ord. No. 2004-2755, § 1, 7-12-04) 4 Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original shall be delivered to the permiftee and the other shall be retained by the city. A copy of the permit shall be conspicuously displayed at each point where the pipeline construction, relocation or repositioning intersects any public street, right-of-way, easement or public property within the corporate limits of the city. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-238. Permit transference. Permits may be transferred after prior written notice to the director, on a form provided by the director, which notice shall set forth the full name and address of the transferee, the full name and address of the transferee's registered agent or owner (if an unincorporated: entity) and an agreement that the transferee shall be bound by all provisions of the application and permit as originally acted upon and granted by the city. The transfer application shall be signed by an authorized officer, owner or representative of both the transferor and transferee and shall be accompanied by a non-refundable transfer fee. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-239. Permit fees. (a) Every permit requested under the terms and conditions of this article, with the exception of those permits necessitated due to a repositioning of a pipeline at the request or required, by the city or another governmental entity, shall provide for the payment by the applicant to the city of a non-refundable application fee of $1,1000,00 per pipeline, (b) Every permit granted under the terms and conditions of this article shall provide for the payment of an annual 'fee thereafter in the amount of $800.00 per pipeline per year, payable annually in, advance on or before July 1 of each year, (c) Every permit transfer shall be accompanied by a non-refundable transfer fee of $300.00, (Ord, No. 2004-2755, § 1, 7-12-04) Sec. 102-240. Permit expiration. (a) If construction, relocation or reposition of the pipeline does not commence within one year from the date of the permit, the permit shall be void unless the permittee makes written application for an extension. The city council may grant an extension for one additional year only. (b) Pipelines abandonedafter the date of this article shall have their permit voided and shall not thereafter be subject to the terms of this article except as follows: (1): The owner or operator shall report to the director, in writing, the abandonment of a pipeline that has been permitted in accordance with, this article. 0 E "' -CEIVED FE13 7 1), 2020 (2) All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas, hazardous liquids and' chemicals and shall be capped or sealed at each end within the city limits. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-241. Construction requirements. All pipelines shall be constructed in accordance with the following guidelines: (1) All pipelines shall be constructed in accordance with the latest applicable minimum standards, if applicable, established by the, United States Department of Transportation, Texas Railroad Commission, or any other entity having regulatory authority over pipeline safety and construction matters. (2) All pipelines shall be buried to specified depths, as follows: a. Pipelines which run under or within 20 feet of any street or streets and/or any proposed street which has been designated on the master plan for the city or the official city map of the city, shall be buried to a depth of at least six feet measured between the top of the pipeline and the natural surface of the ground. b. Pipelines which run under any ditch and/or drainage area or structure shall be buried to a depth of at least five feet measured between the top of the pipeline and the ultimate channel or structure depth. Permittee is responsible for determining the ultimate depths from the appropriate agency and reporting said information with permit application. Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of four feet measured between the top of the pipeline and the natural surface of the ground. Provided further, if at any particular point or points the director determines that a greater or lesser depth be required, such permit shall not be granted except upon agreement by the permittee to, comply with, such depth requiremient, (3) All pipelines shall cross public streets, public properties and public rights -of -way as closely as possible to a right (900) angle. (4) All public streets, roads and ways in existence at the time of construction of a pipeline shall be bored under and shall not be cut for the purpose of constructing, relocating or repositioning a pipeline. (5) All pipeline related excavations in any public right-of-way shall be Ibackfilled in a manner satisfactory to the city; and if after once refilling such excavation the earth within the excavated area settles so as to leave a depression, the permittee shall be required to make further necessary fills as ordered by the city. All' areas shall be graded and maintained so as to provide drainage of the area. ED FEB 2 8 2020 (6) The permittee shall be required to repair all portions of any street across or along and under which pipelines are laid and place, the same in as good a state of repair and condition, as they were at the time the construction, repair or removal was commenced, such repairs to be to the satisfaction of the city. (7) Ulpon completion of the pipeline, the permittee shall provide the director with three as -built (or record) drawings of the pipeline, showing the route, distances and shut-off valve locations. These drawings shall be submitted in digital format acceptable to, the city., (Oird. No. 2004-2755, � 1, 7-12-04) Sec. 102-24,2. Pipeline location. (a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The, feasibility of locating new pipelines in, established corridors in the city shalil be considered from, the perspective of the pipeline owner or operator, taking into consideration the following: (1) The availability and cost of corridor space; (2) The availability and cost of right-of-way to and from the corridor; (3) Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the pipeline that would be, located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; (4) Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor; (5) The availability of an alternative right-of-way to the owner or operator; and (6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline. Provided that the owner or operator has considered in good faith the use of existing corridors within the city, the, determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should, to the extent practical: (1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except if following: a. Manmade or topographical features, is in the public interest; b. Boundary lines, or existing easements is impractical under the circumstances; c. Boundary lines or existing, easements poses safety concerns; or d. Boundary lines or existing easements would not be feasible. (2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive, areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and W ----'VED R`J`,,,1 2 fi 20,20 74 .. . .... . ...... . ...... (3) Avoid conflict with existing or planned urban developments as well as the location of planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. (Ordl. No. 2004-2755, § 1, 7-12-04) Sec. 102-243., Liability. A condition of granting any permit shall require the permiiftee to save the city harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to the city by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. (1) Except in an emergency, the permittee shall notify the director 48 hours before commencing at any time excavation in any portion of any said unpaved or unimproved street, and not wholly close any street, but shall at all times maintain a route of travel along and within such roadway area, to the extent such travel was allowed prior to the excavation. (2) In the event of an emergency, it being evident that immediate action is necessary for the protection of the public and to minimize property damage and loss of investment, permittee may, at its, own responsibility and risk make necessary emergency repairs, notifying the city police dispatch of this action as soon as practical, but not laterthan one hour after commencing repairs or maintenance. (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-244. Insurance and bonding requirements. (a) Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation, reposition, or replacement, and shall further maintain at all times during the life of the permit, commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of $1,0010,000.010 as it pertains to all pipelines or other facilities owned by the permittee in the public way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as additional insureds. (b) A certificate of insurance specifying the coverage required in subsection (b) of this section with an insurance company having acceptable insurance rating shall be furnished to the director prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30 days prior written notice for the termination or modification of the required insurance shall be given to the city, (c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which, demonstrates the applicant's qualifications as a self -insurer. Such evidence may take the form of the most recent corporate financial report which is acceptable to the city council as giving assurance of the applicant's financial ability to comply with the requirements of this section. F-01 LCE) VED F1?,o (Ord. No. 2004-2755, § 1, 7-12-04) B Y" Sec. 102-246. Pipeline permit updates. It shall be the responsibility of the permittee to provide, in writing, updated information on the following aspects of each permit: (1) Name and mailing address of the pipeline owner. (2) Name and telephone number of two officers, or persons available on a 24-hour basis who can furnish or obtain immediately, information as to the pressure at the point or points of input nearest to the city and the common name of the commodity carried by the pipeline. (3) A description of the commodity(s) being, transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the update if the owner or operator is required by federal or state law to have imaterial safety data sheets available. This information will be provided with the annual update or upon transference or any change in ownership, (Ord. No. 2004-2755, § 1, 7-12-04) Sec. 102-246. Pipeline signs. Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain, indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in the pipeline right-of-way where said pipeline rights -of -way cross public streets, public properties or public rights -of -way. (Ord. INo. 20,04-2755, § 1, 7-12-04) Sec. 1012-247. Penalties. Any violation, of any section, subsection or part of this article shall be deemed a misdemeanor and such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor; and upon final conviction, every person, firm, association, corporation or partnership gulilty of such violation shall be fined in a sum not more than $2,000.00 per each day of violation. (Ord. No. 2004=2755, § 1, 7-12-04) 9 Section 1. Identification GHS product identifier Chemical nanie Other means of identification Product type Product use Synonym SDS # Supplier's detailis, 24-hour telephone Ethylene ethylene Ethene,; Ethene (ethylene);, impure; ethylene, pure Liquefied gas Synthetic/Analytical chemistry. Ethene; Ethene (ethylene); impure; ethylene, pure 001022 Airgas USA, LLC and its affiliates 259 North Radnor -Chester Road Suite 100 Radnor, PA 19087-5283 1-610-687-5253 � 1-866-734-3438 Section 2. Hazards identification 0SHA/HCS status This material is considered hazardous by the OSHA Hazard Communication Standard (29 CFR 1910.1200)., Classification of the FLAMMABLE GASES - Category 1 substance or mixture GASES UNDER PRESSURE - Liquefied gas SPECIFIC TARGET ORGANTOXICITY (SINGLE EXPOSURE) (Narcotic effects) - Category 3 GIBS label elements Hazard pictograms < 000" > < Signal word aDanger Hazard statements Extremely flammable gas, May form explosive mixtures with air, Contains gas under pressure; may explode if heated. May cause frostbite. May displace oxygen and cause rapid suffocation. May cause drowsiness or dizziness. P .crLggjjjjjganaLr .y_gjaWrnents General Read and follow all Safety Data Sheets (SDS'S) before use. Read label before use. Keep out of reach of children. If medical advice is needed, have product container or label at hand. Close valve after each use and when empty, Use equipment rated:: for cylinder pressure. Do not open valve until connected to equipment prepared for use. Use a back flow preventative device in the piping. Use only equipment of compatible materials of construction. Always keep container in upright position, Approach suspected leak area with caution. Prevention Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking, Use only outdoors or in a well -ventilated area, Avoid breathing gas. Response o IF INHALED: Remove person to fresh air and Ikeep comfortable for breathing. Call a POISON CENTER or physician if you feel unwell. Leaking gas fire: Do not extinguish, unless leak can, be stopped safely. Eliminate all ignition sources if safe to do so. Storage Store locked up. Protect from sunlight. Store in a well -ventilated place. Ethylene Section 2. Hazards identification Disposal Dispose of contents and container in accordance with all local, regional, nationals and international regulations. Hazards not otherwise Liquid can cause burns similar to frostbite. classified Section 3. Compiosition/information on i I ngredients Substance/mixture Chemical narne Other means of identification Product code Q LA 5_rl jj bjrL M L) t1i e HdgaLt i f i re r sp � _ CAS number Substance ethylene : Ethene; Ethene (ethylene); impure; ethylene, pure 74-85-1 ECEIVED EB 2 6 2020 BY:_- . .................. ­'­ . . . ......... ingredient name 1% CAS number ethylene 100 74-85-1 Any concentration shown as a range is to protect confidentiality or is due to batch variation. There are no additional ingredients present which, within the current knowledge of the supplier and in the concentrations applicable, are classified as hazardous to health or the environment and hence require reporting in this section. Occupational exposure limits, if available, are listed in Section 8. Section 4. First aid measures QescjjpLioD_of li_p essary first aid meascl Eyle contact Immediately flush eyes with plenty of water, occasionally lifting the upper and lower eyelids., Check for and remove any contact lenses. Continue to rinse for at least 10 minutes. Get medical attention if irritation occurs. Inhalation Remove victim to fresh air and keep at rest in a position comfortable for breathing. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. If not breathing, if breathing is irregular or if respiratory arrest occurs, provide artificial respiration or oxygen by trained personnel. It may be dangerous to the person providing aid to give mouth-to-mouth resuscitation. Get medical attention. If necessary, call a poison center or physician. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. Skin contact Flush contaminated skin with plenty of water. Remove contaminated clothing and shoes. To avoid the risk of static discharges and gas ignition, soak contaminated clothing thoroughly with water before removing it. Get medical attention if symptoms occur. In case of contact with liquid, warm frozen tissues slowly with, lukewarm water and get medical attention. Do not rub affected area. Wash clothing before reuse. Clean shoes thoroughly before reuse, ingestion Remove victim to fresh air and keep at rest in, a position comfortable for breathing. Get medical attention. If necessary, call a poison center or physician. Ingestion of liquid can cause burns similar to frostbite. If frostbite occurs, get medical attention. Never give anything by mouth to an unconscious person. If unconscious, place in recovery position and get medical attention immediately. Maintain an open airway. Loosen tight clothing such as a collar, tie, belt or waistband. As this product rapidly becomes a gas when released, refer to the inhalation section. MuLim.p9j.I.Li a tom. .06mmis-.0A dedms.d &L.QED cbi, Eye contact Liquid can cause burns similar to frostbite. Inhalation A Can cause central nervous system (CIS) depression. May cause drowsiness or dizziness. FEB 2 8 2020 Ethylene �Section 4. First aid measures Skin contact Dermal contact with rapidly evaporating liquid could result in freezing of the tissues or frostbite. Frostbite Try to warm up the frozen tissues and seek medical attention. ingestion Can cause central nervous system (CNS) depression. Ingestion of liquid can cause burns similar to frostbite. Over &x-not up p i9n_sLsY.mP_fir. Ym Eye contact Adverse symptoms may include the following:, frostbite Inhalation Adverse symptoms may include the following:, nausea or vomiting, headache, drowsiness/fatigue, dizziness/verfigo, unconsciousness Skin contact Adverse symptoms may include the followinig:, frostbite Ingestion : Adverse symptoms may include the following:, frostbite Indication of immediate medical attention and kULiL1_jr(jaLvLieijt free tar if n(g eSEd[y Notes to physician Treat symptomatically. Contact poison, treatment specialist immediately if large quantities have been ingested or inhaled. Specific treatments No specific treatment. Protection of first-aiders No action shall be taken involving any personal risk or without suitable training. If it is suspected that fumes are still present, the rescuer should wear an appropriate mask or self-contained breathing apparatus. It may be dangerous to the person providing aid to, give mouth-to-mouth resuscitation. See toxicological information (Section 11) Section 5. Fire -fighting measures E.'2Ltjag_uis1)jn9 mELdia Suitable extinguishing Use an extinguishing agent suitable for the surrounding fire. media Unsultable extinguishing None known. rnedia Specific hazards arising Contains gas under pressure. Extremely flammable gas. In a fire or if heated, a from the cherrwicW pressure increase will occur and the container may burst, with the risk of a subsequent explosion. Hazardous thertnal Decomposition products may include the following materials: decomposition products carbon dioxide carbon monoxide Special protective actions Promptly isolate the scene by removing all persons from the vicinity of the incident if f:o r fire-fighters there is a fire. No action shall be taken involving any personal risk or without suitable training. Contact supplier immediately for specialist advice. Move containers from fire area if this can be done without risk. Use water spray to keep fire -exposed containers cool. If involved in fire, shut off flow immediately if it can be done without risk. If this is impossible, withdraw from area and allow fire to burn, Fight fire from protected location or maximum possible distance. Eliminate all ignition sources if safe to do so. Special protective Fire-fighters should wear appropriate protective equipment and self-contained breathing equipment for fire-fightors, apparatus (SCBA) with a full face -piece operated in positive pressure mode. For incidents involving large quantities, thermally insulated undergarments and thick textile or leather gloves should be worn. E E�' 1 V E D F E B 2 8 2020 Ethylene 11111i�llillill 11111,11111111 111�i IL lip Wqwt Me, ILI ease measures, qLftiLyc!_n_tcj EL -L Yu f"5 _g jkjELpn�� a -Lc , For non-lernergericy Accidental releases pose a serious fire or explosion hazard. INo action shall be taken personnel involving any personal risk or without suitable training, Evacuate surrounding areas, Keep unnecessary and unprotected personnel from entering. Do not touch or walk through spilled material, Shut off all ignition sources, No flares, smoking or flames in, hazard area. Avoid breathing gas. Provide adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Put on appropriate personal protective equipment. For olinergency responders If specialized clothing is required to deal with the spillage, take note of any information in Section 8 on suitable and unsuitable materials. See also the information in "For non - emergency personnel)". Environmental precautions, a Ensure emergency procedures to deal with accidental gas releases are in place to avoid contamination of the environment, Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. Inform the relevant authorities if the product has caused' environmental pollution (sewers, waterways, soil or air). MSI(lac LQ. mate rila ls for.con in ent .sjj]Sj, Small sili Immediately contact emergency personnel. Stop leak if without risk, Use spark -proof tools and explosion -proof equipment. Large spill Immediately contact emergency personnel. Stop leak if without risk. Use spark -proof tools and explosion -proof equipment. Note: see Section 1 for emergency contact information and Section 13 for waste disposal. Section 7. Handling and storage Pr fUlgfe..haL1.4finq Protective measures w Put on, appropriate personal protective equipment (see Section 8). Contains gas under pressure. Do not get in eyes or on skin or clothing. Avoid breathing gas. Use only with adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Do not enter storage areas and confined spaces unless adequately ventilated. Do not puncture or incinerate container. Use equipment rated for cylinder pressure. Close valve after each use and when empty. Protect cylinders from physical damage; do not drag, roll, slide, or drop. Use a suitable hand truck for cylinder movement. Use only non -sparking tools. Empty containers retain product residue and can be hazardous, Store and use away from heat, sparks, open flame or any other ignition source. Use explosion -proof electrical (ventilating, lighting and material handling) equipment. Advice on general Eating, drinking and smoking should be prohibited in, areas where this material is occupational hygiene handled, stored anid processed. Workers should wash hands and face before eating, drinking and smoking. Remove contaminated clothing and protective equipment before entering eating areas. See also Section 8 for additional information on hygiene measures., Conditions for safe storage, . Store in accordance with local regulations. Store in a segregated and approved area. including any Store away from direct sunlight in a dry, coot and well -ventilated area, away from lincompatibilitles incompatible materials (see Section 1'0). Eliminate all ignition sources. Cylinders should be stored upright, with valve protection cap in place, and firmly secured to prevent falling or being knocked over. Cylinder temperatures should not exceed 52 'C (125 T), Store locked uip. Keep container tightly closed and sealed until ready for use. See Section 14 for incompatible materials before handling or use, ECEIVED FEB 2 8 2020 Ethylene Section 8. Exposure controls/p ersonial protection C LM Q.r__(d,M9Ai LO 1"UtIZIA.01111LUMM Ingredient narne Exposure finilts ethylene ACGIH TLV (United States, 3/2017). TWA: 200 ppm 8 hours. Appropriate engineering Use only with adequate ventilation. Use process enclosures, local exhaust ventilation or controls other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits. The engineering controls also need to keep gas, vapor or dust concentrations below any lower explosive limits. Use explosion -proof ventilation equipment. Environmental exposure Emissions from ventilation or work process equipment should be checked to ensure controls they comply with the requirements of environmental protection legislation. In some cases, fume scrubbers, filters or engineering modifications to the process equipment will be necessary to reduce emissions to acceptable levels. Hygiene rneasures Wash hands, forearms and face thoroughly after handling:, chemical products, before eating, smoking and using the lavatory and at the end of the working: period. Appropriate techniques should be used to remove potentially contaminated clothing. Wash contaminated clothing before reusing. Ensure that eyewash stations, and safety showers are close to the workstation location. Eyelface protection, Safety eyewear complying with an approved standard should be used when a risk assessment indicates this is necessary to avoid exposure to liquid splashes, mists, gases or dusts. If contact is possible, the following protection shouild be worn, unless the assessment indicates a higher degree of protection: safety glasses with side - shields, 11and protection Chem ical-resistanit, impervious gloves complying with an, approved standard should be worn at all firnes when handling chemical products if a risk assessment indicates this is necessary. If contact with the liquid is possible, insulated gloves suitable for low 'temperatures should be worn. Considering the parameters specified by the glove manufacturer, check during use that the gloves are still retaining their protective properties. It should be noted that the time to breakthrough for any glove material! may be different for different glove manufacturers. In the case of mixtures, consisting of several substances, the protection time of the gloves cannot be accurately estimated. Body protecflon Personal protective equipment for the body should be selected Ibased on the task being performed and the risks involved and should be approved by a specialist before handling this product. When there is a risk of ignition from static electricity, wear anti- static protective clothing. For the greatest protection from static discharges, clothiing should include anti -static overalls, boots and gloves. Other sidn proteeflon Appropriate footwear and any additional skin protection measures should be selected based on the task being performed and the risks involved and should be approved by a specialist before handling this product. Respiratory protection Based on the hazard and potential for exposure, select a respirator that meets the appropriate standard or certification. Respirators must be used according to a respiratory protection program to ensure proper fitting, training, and other important aspects of use. Thernial hazards, If there is a risk of contact with the liquid, all protective equipment worn should be suitable for use with extremely low temperature materials, IEthylene 12,ection 9. Physical and chemical properties Apeq'� Physical state Color Odor. Odor threshold PH Melting point Boiling point Critical ten'tperalrure Flash point Evaporation rate Flanirriability (solid, gas) Lower and upper explosive (flanrrro able) limits Vapor pressure Vapor density Specific Volurne (ft '11b) Gas Density (lb/ft Relative density Solubility Solubility in water Partition coefficlent: n- octarmilwater Auto -ignition ternperature Decornposition temperature Viscosity Flow fine (ISO 24,31) Molecular weight errrsdgffc Heat of combustion Gas. ECEIVED Colorless, Characteristic. 1EB 8 2021) i Not available. BY Not available. -169.15°C (-272.5°F) -103.77°C (-154.8°F) 9.95'C (49.9°F) Closed cup: -135.85°C (-212,57) Not available. Extremely flammable in the presence of the following materials or conditions: oxidizing materials. Lower: 2.7% Upper: 36% @ 70°F (21 . 1'C) = Above critical temperature 1 (,Air = 1) Liquid Density BP: 35.3 lb/ft3 (566 kg/m3) 13.8007 0,07246 Not applicable. Not available. 0.13 g/l 1A3 450°C (842'F) Not available. Not applicable. Not available, 28.06 g/molle -47194540 Ji/kg . .. .. ..... ........ . .... Section-1 0. Stability and reactivity Reactivity : No specific test data related to reactivity available for this product or its ingredients. Cheinic,M stabifity : The product is stable. Possibility of hazardous a Under normal conditions of storage and use, hazardous reactions will not occur. reactions Condition's to avold Avoid all possible sources of ignition (spark or flame). Do not pressurize, cut, weld, braze, solder, drill, grind or expose containers to heat or sources of ignition. Incompatible materials, : Oxidizers Hazardous decomposition Under normal conditions of storage and use, hazardous decomposition products should products not be produced. Hs7,nrrimj#; m1vrncwi7Aflnr1 ° I Indpr nnrmA rnndifinn,-, of -.tnr;;np and w-rs h;;7;;rdnn,; nr+tmR.ri7Afir)n wifl not r)rrnpr IEthylene 7 I iSection 11. Toxicological inliform,ation lnfmjggL�a -2L� t gxi c o Wi-caLO -,-qtba Aoiu Le-tq4jg& Not available. Lafta /C 41g.a.—gmLo 11 rs) Not available. Sensitization Not available, f#-Lj "m cntpjty Not available. .-Arc MILli C --LLLQ Not available. C,L4 ification EIVED FEB 2 8 2020 E� Y ti Prod uct/Ing red lent narne OSHA IARC NTP ethylene 3 - 9PI—Od-11CMUMA.12. Not available, Le—ratoaWL101Y. Not available, 'jp LtpLgan Lo—xk,—ft4j9j—eqxp gurej -- Name Category Route of exposure Target organs ethylene Category 3 Not applicable, Narcotic effects jLe_q Im _q jpMgk (IMiLn too; igft',yjjgM(9—ds,aWosire Not available. Aspira Lioarhazqrd Not available. Information on the likely Not available. routes of exposure —Pote f ec ts Eye contact Liquid can cause burns similar to frostbite. Inhalation w Can cause central nervous system (CNS) depression. May cause drowsiness or dizziness. Skin contact Dermal contact with rapidly evaporating liquid could result in freezing of the tissues or frostbite. Ingestion Can cause central nervous system (CNS) depression. Ingestion of liquid can cause burns similar to frostbite. cjievnical and toxicoloor a(Q11lAr --g t Lc.ffisfics Eye contact Adverse symptoms may include the folllowing;, frostbite Inhalation n Adverse symptoms may include the following:, nausea or vomiting, headache, drowsiness/fatigue, dizziness/vertigo, unconsciousness Skin contact Adverse symptoms may include the following:, frostbite Ingestion Adverse symptoms may include the following:, frostbite -gnd any d Q_jfgLts-...anj alsochroniftggt 1qg)jshort andlon EM&X 2tLe Section 11. Toxicological information Short U"_wnmuag;IL(q .— I Potential invnediate Not available. effects Potential delayed effects, e Not available, L0x19_1P"r11LLm2.Q_Saq Potential hnniediate Not available. effects Potential delayed effects Not available. Potential chrork h afth eMggQ. Not available. General Carcinogenicity Mutagenicity Teratogeinicity Developmental effects Fertility effects A c u t e to, x i gAX&_k Luq_kt%q Not available. No known significant effects or critical hazards. No known significant effects or critical hazards. No known significant effects or critical hazards. No known significant effects or critical hazards. No known significant effects or critical hazards. No known significant effects or critical hazards. Section 12.; Ecological information ------ i2xldly Not available. E lkn isterirya c A.e sLUX Not available. LCEIVED j:j':j:j 2, 18 21112.0 ProductAngredient name L,ogP,,, BC Potential ethylene 1.13 low Soiltwater partition n Not available. coefficierit (Koc� Other adverse effects -. No known significant effects or critical hazards. Section 1-3. Disposal considerations Disposal methods The generation of waste should be avoided or minimized wherever possible. Disposal of this product, solutions and any by-products should at MI times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Dispose of surplus and non -recyclable products via a licensed waste disposal contractor. Waste should not be disposed of untreated to the sewer unless fullly compliant with the requirements of all authorities with Jurisdiction. Empty Airgas-owned pressure vessels should be returned to Airgas. Waste packaging should be recycled. Incineration or landfill should only be considered when recycling is not feasible. This material and its container Must be disposed of in a safe way. Empty ECEIVEID Ethylene �ection 13. Disposal considerations F2) y containers or liners may retain some product residues. Do not puncture or incinerate container. .. ......... ..... . ........... . ... . ...... ... 6-�ection 14. Transport information I DOI' TDG Mexico IMDG IATA LIN number UN1962 UN1962 UN1962 UN1962 UN1962 UN proper ETHYLENE ETHYLENE ETHYLENE ETHYLENE ETHYLENE shipping name 'Transport 2.1 2.1 2.1 2.1 hazard class(es) I ell ii 14 01 #0 or < OF '0 Packing group Environatental No, No. No. No. No. hazards "Refer to CF'R 49 (or authority having jurisdiction) to determine the information requiredfor stdprneint of the product." Additional information DOT Classification Limitedl uanj Ut Yes. Quyantity li!nitafl—on Passenger aiircraft/rail: Forbidden, Cargo, aircraft: Forbidden, Special provisions T75, TP5 TDG Classification Product classified as per the following sections of the Transportation of Dangerous Goods Regulations: 2,13-2,17 (Class 2). Explosive Limit and Limited! Quantity Index 6.125 ESAP Index 3000 Pi1gr22!iger Carrying 5hil2 Index Forbidden Passenger Carrying Road or Rail Index Forbidden IAA Quantity limitation Passenger and Cargo Aircraft: Forbidden. Cargo Aircraft Only: 150 kg. Special precautions for user . Transport within user's premises: always transport in closed containers that are upright and secure. Ensure that persons transporting the product know what to do in the event of an accident or spillage. Transport in bulk according : Not available, to Asittex Ill of MARPOL and the IBC Code ;-:,ection 15. Regulatory information U.S. Federal regulations TSCA 8(a) CDR ExemptlPartial exemption: Not determined Clean Air Act (CAA) 1112 regulated flammable substances: ethylene Clean Air Act Section 112 Not listed (b) Hazardolus Air Pollutants (HAPs) Clean Air Act Section 602 Not listed Glass, I Substances Clears Air Act Section 602 Not listed Class U Substances IDEA 1-ist I Chernicals Not listed (Prelf-pimnr rheirnirnk-1 C Ethylene Section 15., Regulatory information DEA Ust it Chemicals Not listed (E%sentWl Chernicals) SARA 302/30d j:P in-fts No products were found. SARA 04 RO Not applicable, SARA 31 1_4,117 Classification Refer to Section 2: Hazards Identification of thi's SIDS for classification of substance, SARA 313 Product name CAS number 11/6 Forin R - Reporting requirernonts ethylene 74-85-1 100 Supplier notification ethylene 74-85-1 100 SARA 313 notificaflons must not be detached from the SIDS and any copying and redistribution of the SIDS shall include copying, and redistribution of the notice attached to copies of the SIDS subsequently redistributed. .$WAQ-W.91d&UQnA Massachusetts This material is listed. New Yor' a This imateriaI is not listed, Neer Jersey This material is listed. Pennsylvania This material is listed. I rite rlLkfionp� I rq(jLjjatLo.Lj,, gheLrj,i e Convention I-ist Schedules _1,,,rj1 & III Chemicals _qdffiLAp&qn Not listed. Montreal Protogo _jAAnneKcs BC. Not listed. Stoc:kholrn ConvenUon on Persistent Or_qAnicjL -Eo uLqnts Not listed. F-0-enLon -92mmitioLo Not listed. Not listed. I.Ln—n q .ry.l....is.t AUSftafia Canada China Europe Japan Malaysia New Zealand Philippines Republic of Korea TaKura n Thailand Turkey Urtited States This material is listed or exempted. This material is listed or exempted. This material is listed or exempted. This material is listed or exempted. Japan inventory (ENCS): THs material is listed or exempted. Japan inventory (ISHL): Not determined. Not determined. This material is listed or exempted. This material is listed or exempted. This material is listed or exempted. This material is listed or exempted. Not determined. This material is listed or exempted. This material is listed or exempted, ECEIVED F0,13 2 8 2(32(l I Ethylene 15'y: — I � Section 15. Regulatory information Viet Nang : Not determined. Section 16. Other information 4 NO 111111111111 01 3 Caution: HMIS@ ratings are based on a 04 rating scale, with 0 representing minimal hazards or risks, and 4 representing significant hazards or risks. Although HMISO ratings and the associated label are not required on SDSs or products leaving a facility under 29 CFI 19,10.1200, the prepares may choose, to provide them. HMISO ratings are to be used with a fully implemented HMISV program. HMIS@ is a registered trademark and service mark of the American Coatings Association, Inc. The customer is responsible for determining the PPE code for this material. For more information on HMIS@ Personal Protective Equipment (PPE,) codes, consult the HMIS@ Implementation Manual. tMt N o a I re Protection As Flammability I-iealth < 11111 2> instability/Reactivity Special Reprinted with permission from NFPA 704-2001, Identification of the Hazard's of Materials for Emergency �Response Copyright @1997, National Fire Protection Association, Quincy, MA 02269. This reprinted material is not the complete and official position of the National Fire Protection Association, on the referenced subject which is represented only by the standard in its entirety. Copyright @2001, National Fire Protection Association, Quincy, MA 02269. This warning system is intended to be interpreted and applied only by properly trained individuals to identify fire, health and reactivity hazards of chemicals. The user is referred to certain limited number of chemicals with recommended classifications in NFPA 49 and NFPA 325, which would be used as a guideline only. Whether the chemicals are classified by NFPA or not, anyone using the 704 systems to classify chemicals does so at their own risk. I Classification I Justification I FLAMMABLE GASES - Category 1 Expert judgment GASES UNDER PRESSURE - Liquefied gas Expert judgment SPECIFIC TARGET' ORGAN TOXICITY (SINGLE EXPOSURE) (Narcotic effects) - Expert judgment Category 3 am= Date of printing 2/12/2018 Date of issue/Date of 2/12/2018 revision Date of previous issue 8/2812017 Version 1 Key to abbreviations ATE = Acute Toxicity Estimate BCF = Bioconcentiration Factor GHS = Globally Harmonized System of Classification and Labelling of Chemicals IATA = International Air Transport Association IBC = Intermediate Bulk Container IMDG = International Maritime Dangerous Goods LogPow = logarithm of the octanioI/water partition coefficient MARPOL = International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978. ("MarpoI" = marine pollution) UN = United Nations References Not available. Ethylene No A bc -t � EME1 I'h n emrin & u M2.0 1-1), Y : To the best of our knowledge, the information contained herein is accurate. However, neither the above-niamed supplier, nor any of its subsidiaries, assumes any liability whatsoever for the accuracy or completeness of the information contained herein. Final determination, of suitability of any material is the sole responsibility of the user. All materials may present unknown hazards andl should be used with caution. Although certain hazards are described herein, we cannot guarantee that these are the only hazards that exist. M 2019 Google LLC, used with permission, Google and the Google logo are registered Ifademarks of Google LLC (imagery Date: 02123119) IMAGERY OBTAINED FROM GOOGLE EARTH PRO USING PLEXEARTH AND WAS NOT MODIFIED OR ALTERED BY MORMS P. HEBERT, INC., OTHER THAN TO IMPROVE VISIBILITY, MORRIS P. HEBERT, INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE IMAGERY, AND RELIANCE ON THE ACCURACY OF THE IMAGES IS AT THE USER'S RISK, VICINITY MAP GRAPHIC SCALE MMMMMMPMMMMMMMM F"EB 21020 . . . . ......... I DANIEL ALCORN, REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, P.E. NO. 79234, AN EMPLOYEE OF NC NORTH STAR ENERGY SERVICES, INC, TX FIRM NO, F-14939, HAVE REMENED THE PIPELINE DESIGN AND PIPE TESTING SPECIFICATIONS OF THIS EXHIBIT AND HAVE FOUND THEM ACCURATE AND SUITABLE FOR THE PROPOSED PROJECT. I DO NOT ATTEST TO THE ACCURACY, COMPLETENESS, OR CORRECTNESS OF OTHER ASPECTS OF THE EXHIBIT, INCLUDING BUT NOT LIMITED TO, SURVEY, RIGHT—OF—WAY, PROPERTY OWNERSHIP DETERMINATION. AND LOCATION OF EXISTING FACILITIES THAT ARE THE RESPONSIBILITY OF OTHER PAFMES, VICINITY MAP' PROPOSED -12"' ETHYLENE PIPELINE ACROSS W. FAIRMONT PKWY. LOCATED IN RICHARD PEARSALL: SURVEY, A-625 HAR:RiIS-, ,COUNTY, TEXAS /Vo"�rihSlar A qU'ANTA SMVICES COMPANY DRAWN BY: AB SHEET. I OF 3 CHKD./APPD. BY: BB SCALE: I = 2000' UPDATED BY: DATE: 01/15/2020 1 DATA BASE: 13714 JOB NO. 13714 M 2019 Google LLC, used with permission, Google and the Google logo are registered Ifademarks of Google LLC (imagery Date: 02123119) IMAGERY OBTAINED FROM GOOGLE EARTH PRO USING PLEXEARTH AND WAS NOT MODIFIED OR ALTERED BY MORMS P. HEBERT, INC., OTHER THAN TO IMPROVE VISIBILITY, MORRIS P. HEBERT, INC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE IMAGERY, AND RELIANCE ON THE ACCURACY OF THE IMAGES IS AT THE USER'S RISK, VICINITY MAP GRAPHIC SCALE MMMMMMPMMMMMMMM F"EB 21020 . . . . ......... I DANIEL ALCORN, REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, P.E. NO. 79234, AN EMPLOYEE OF NC NORTH STAR ENERGY SERVICES, INC, TX FIRM NO, F-14939, HAVE REMENED THE PIPELINE DESIGN AND PIPE TESTING SPECIFICATIONS OF THIS EXHIBIT AND HAVE FOUND THEM ACCURATE AND SUITABLE FOR THE PROPOSED PROJECT. I DO NOT ATTEST TO THE ACCURACY, COMPLETENESS, OR CORRECTNESS OF OTHER ASPECTS OF THE EXHIBIT, INCLUDING BUT NOT LIMITED TO, SURVEY, RIGHT—OF—WAY, PROPERTY OWNERSHIP DETERMINATION. AND LOCATION OF EXISTING FACILITIES THAT ARE THE RESPONSIBILITY OF OTHER PAFMES, VICINITY MAP' PROPOSED -12"' ETHYLENE PIPELINE ACROSS W. FAIRMONT PKWY. LOCATED IN RICHARD PEARSALL: SURVEY, A-625 HAR:RiIS-, ,COUNTY, TEXAS /Vo"�rihSlar A qU'ANTA SMVICES COMPANY DRAWN BY: AB SHEET. I OF 3 CHKD./APPD. BY: BB SCALE: I = 2000' UPDATED BY: DATE: 01/15/2020 1 DATA BASE: 13714 JOB NO. 13714 i ECEIVED Fll I 111,11, U 1 -','j Lilloo CUM)= U 0fj 0k4.**fj l MLIPJ Nkl WM-.A='pFobl -HR-0061,05200 WWEN ROAD CORPORATION E-3226106Z3 LAT,=N29'39'08" LONG.-WM2'23- IEUM It— PROPERTY LINE — FENCE 0 CALCULATED POINT TOP OF SLOPE ------ EXISTING PIPEUNE OF ROAD J..,MnSED 12- INE OF DITCH GRAPHIC SCALE yi HDD ENTRY C/L OF ROAN *250, Y *433' C/L OF DITCH PLAN 0 100' 200' 400' rn cq 0 *0' '0 U6 0 F 00 +' 'N' i + � A a a 0 8 0 A g+o+o og 8 E; w w L log zw z 101 9 m (L :3 O U. I U 0 (n 0 0 W LL Lu LL0" 0 wo ...... ............ LL 20' 0 1 10 10 PEW$ --. F-1-- O. - - - - - � 0. PROPOSED 12' PIPMJNE PROFILE HORIZONTAL GRAPHIC SCALE 0 100' 200' 400' 0 50' 100' 200' VERTICAL GRAPHIC SCALE TRACT NO: TX-HR-MOSM BAYMARK PIPELINE, LLC PLAN & PROFILE PROPOSE ' D 12" ETHYLENE PIPELINE ACROSS W. FAIRMONT PKWY. LOCATED IN RICHARD PEARSALL SURVEY, A-625 HARRIS COUNTY, TEXAS W='i �80746.77 E-3226126.70 LAT.-N29'39'06" LONG,=W95'02'23"' TX—HR-0001-05900 KAVER UMITED PARTNERSHIP ad HDD EXIT= - ±1256' PROPOSED VALVE SITE= *7.1 MILES DRAWN BY: AB SHEETI 2 OF 3 C'HKD./APPD, BY. BB SCALE- AS SHOWN UPDATED BY, DATE: 01/15/2020 DATA BASE: 13714 JOB NO, 13714 11011001mal #06 EICEIVE FEB 2 8 2020 1.1 APPLICANT/OWNER., BAYMARK PIPELINE, LLC 1.2 PIPELINE NAME: PROPOSED BAYPORT TO MARKHAM PIPELINE 1.3 PRODUCT. ETHYLENE 2.0 PIPELINE DESIGNED DATA 2.1 DESIGN CODES. THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 031.4 2.2 BORED SECTIONS WILL EXTEND MINIMUM 5-FEET BEYOND EDGE OF CONCRETE PAVEMENT OR 10-FEET BEYOND EDGE OF ASPHALT PAVEMENT (INCLUDING ALL PUBLIC CROSS STREETS) PLUS ANY ADDITIONAL WIDTH NECESSARY TO CLEAR AN EXISTING SIDEWALK. 2.3 DESIGN PRESSURE. 2160 PSIG 2.4 HYDROSTATIC TEST PRESSURE: 3240 IPSIG MAX 270D PSfG MIN. E OF 2.5 DESIGN FACTOR: 0.72 3,0 CATHODIC PROTECTION DANIIII(L R. ALvo�N' 3.1 RECTIFIER IMPRESSED CURRENT �,. 79234 4.0 CONSTRUCTION$ METHOD GISTE4 -- . t*sll­­- - - t404 4.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL (HDD) I DANIEL ALCORN, REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF TEXAS, P.E. NO. 5.0 79234. AN EMPLOYEE OF NO NORTH STAR ENERGY SERVICES, INC. TX FIRM NO. F-14939, HAVE REVIEWED THE PIPELINE DESIGN AND PIPE 5.1 OUTSIDE DIAMETER: 12.750" TESTING SPECIFICATIONS OF THIS EXHIBIT AND HAVE FOUND THEM ACCURATE AND SUITABLE 5.2 WALL THICKNESS" 0.472" FOR THE PROPOSED PROJECT. I DO NOT ATTEST TO THE ACCURACY, COMPLETENESS, OR 5.3 MATERIAL: CARBON STEEL CORRECTNESS OF OTHER, ASPECTS OF THE EXHlBrr, INCLUDING BUT NOT LIMITED TO, 5.4 PIPE SPECIFICATION: API 5L SURVEY, RIGHT-OF-WAY, PROPERTY OWNERSHIP DETERMINATION. AND LOCATION OF EXISTING 5.5 SPECIFIED MINIMUM YIELD STRENGTH. X60 (60,000 PSI) FACILITIES THAT ARE THE RESPONSIBILITY OF OTHER PARTIES. 5.6 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) 13'AYM6RK PIPELINE, PIPELINE DESIGN DATA PROPOSED 12" ETHYLENE PIPELINE ACROSS W. FAIRMONT PKWY. LOCATED ■IN RICHARD PEARSALL SURVEY, A-625 HARRIS COUNTY, TEXAS /Vor laar A qUANTA SERMCES COMPANY DRAWN BY: AB SHEET. 3 OF 3 CHKD,/APPD, BY: BB SCALE: AS SHOWN UPDATED BY: DATE: 01/15/2020 DATA BASE: 13714 JOB NO. 13714 Enterprise Products Baymark pmpetlne LLC March 30, 2020 City of La Porte Attn: Lorenzo Wingate, P.E., C.F.M. Assistant Director of Public Works 2963 N. 23rd. Street LaPorte, Tx. 77571 281-470-5058 RE: Baymark Pipeline Safety Monitoring Dear Mr. Wingate, Per our phone conversation this morning see below the requested information pertaining to the Baymark Pipeline LLC safety monitoring. PIPELINE MONITORING The pipeline will be monitored via a Supervisory Control and Data Acquisition (SCADA) system which is monitored 24/7/365 by trained and qualified personnel in a pipeline control center. Continuous pressure and flow data will be transmitted to the control center where electronic algorithms are employed to alert the operator upon certain conditional changes of pressure and flow. The pipeline controller will have the ability, via the SCADA system to start and stop pressure sources and close remotely operated valves on the pipeline upon the notification or suspicion of any problem on the pipeline. In addition to the SCADA system and electronic leak detection software, the company regularly performs air, vehicle or foot patrol as a means of detecting signs of an issue. Internal inspections are conducted periodically by passing sophisticated computerized equipment called "smart pigs" through most of the company's pipelines to confirm pipeline integrity. The pipeline will be included in the "call -before -you -dig" program. Thank you, Patty If/iddels Permit Agent - Field Services c. 903-814-1671 patty.riddels@percheronllc.com P.O. Box 4324 1100 Louisiana Street Houston, Texas 77210-4324 Houston, Texas 77002-5227 713.381.6500 www.enterpriseproducts.com REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Ray Mayo, Director Department: Public Works Report �r Resolution Ordinance Exhibits: Water Service Agreement and Jones Carter Water Report Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY The City has been approached by Enterprise Products for temporary water use in order to perform hydrostatic testing on a large tank that is currently under construction at their Morgan's Point facility. The total capacity required is approximately 12.5 million gallons. Enterprise intends to provide approximately 40% of the needed amount with their process water supply from Coastal Water Authority. The amount needed from La Porte will be approximately 8 million gallons to be delivered over a two -week period at a rate of 400 gallons per minute (gpm). To add perspective, that would be more than the average water system usage for a 2-day period. This activity is scheduled to take place in July, a month that historically has high water use. The water system has to maintain a pressure of 35 psi during normal operating conditions to meet TCEQ regulations. Normal City of La Porte system pressure is 52 psi for the City of La Porte. Staff approached Jones & Carter to run a water model to determine if this exercise would create pressure or delivery problems downstream to other customers. The water model indicated pressure drops within with system to 44.3 psi, 43.4, psi, 40.9 psi, and 38.5 psi at the respective water demands of 300 gpm, 400 gpm, 500 gpm, and 600 gpm. Also, staff conducted flow/pressure tests in the water system to verify the consultant's report findings. This water use would be outside the City limits of La Porte. The standard water service agreement form has been modified to provide clear restrictions, conditions and termination criteria. The rate charged for the water will be charged at two times the normal water rate of customers inside the City limits. The estimated revenue from this activity is $65,630, which includes the $5,000 administrative fee. Enterprise Products Model indicated that the water would be re -used as feasible. The draft agreement allows for the provision of 8 million gallons to complete the initial hydrostatic test and additional 8 million gallons for retesting. Enterprise Products would not be allowed any more than 16 million gallons of water to perform testing. Should Enterprise Products use any more than 16 million gallons of water, the cost of the excess water would be four hundred percent (400%) of the City's water rate, as penalty. Re -use of the water is strongly encouraged and would be more compliant with water conservation efforts. The negative impacts of this activity will be increased demand on the water system during summer months and reduction of fire protection capabilities to the Enterprise Products Administrative offices located within the City limits of La Porte. This fact is noted in the water model report and the service agreement. There is potential for customers to experience reduced water pressures, due to the proposed added demand. Water system pressure could also further decrease if a water main break occurs during this time. Should water system pressure drop below 20 psi, a boil water notice will be required in accordance with TCEQ requirements. To monitor water system pressures, real-time pressure monitors with immediate alter/alarm capabilities will be required. MOTION OPTIONS 1. 1 move to deny the execution of a temporary water supply agreement with Enterprise Products. or 2. 1 move to approve the execution of a temporary water supply agreement with Enterprise Products with the restrictions stipulated at the direction of City Council. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date I STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE, TEXAS TEMPORARY WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ENTERPRISE PRODUCTS OPERATING LLC, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated beyond the corporate limits of the CITY, with an address of 1200 N. Broadway Morgan's Point, Texas 77571. COMPANY is desirous of purchasing potable water provisions from the CITY, on a temporary basis, to partially fill a 12,600,000 gallon tank for hydrostatic testing purposes. In conducting the required testing, COMPANY will provide approximately 45% of the required water to fill its 12,600,000 gallon tank for hydrostatic testing purposes with process water already available to COMPANY at the site. However, COMPANY has requested that CITY provide the balance of the needed water to complete the hydrostatic testing by provision of potable water. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of properties located outside the corporate limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide temporary and limited potable water service to COMPANY, but only for the purpose of partially filling a 12,600,000 gallon tank for hydrostatic testing purposes. For and in consideration of CITY furnishing domestic potable water to COMPANY on a temporary basis for the purpose of partially filling a 12,600,000 gallon tank for hydrostatic testing purposes, the parties hereto agree as follows, to -wit: III CITY has determined that adequate resources are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: (A) CITY shall have the right to terminate, interrupt, or temporarily suspend said water service to COMPANY if: pressure drops below 40 psi within the distribution system; exceedance of maximum allowed flow rate; an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte; increased system demand inside City Limits of La Porte; enactment of any stage of CITY's Drought Contingency Plan; any reason that would cause CITY to become non -compliant with Texas Commission on Environmental Quality (TCEQ) regulations. 2 (B) COMPANY agrees purchase, install, and provide CITY with at least one wireless, cellular, battery powered communication pressure monitoring systems that will provide immediate phone and/or e-mail alerts and alarms in response to pressure faults within CITY water distribution system. System shall be tested to ensure proper functionality prior to CITY providing water supply to COMPANY. (C) CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. (D) The normal flow rate of potable water approved to COMPANY is established at four -hundred gallons per minute (400 GPM). (E) The maximum flow rate of potable water approved to COMPANY is established at four - hundred fifty gallons per minute (450 GPM). (F) COMPANY shall pay the standard fees based on CITY'S current tap/meter fee schedule. Upon final approval of COMPANY'S on -site and/or off -site utility construction by CITY, COMPANY shall pay the CITY'S standard water deposit fee through CITY'S Utility Billing Division prior to receiving water service from CITY. Additional fees that shall be assessed shall include: deposit for meter rental ($1500); daily meter rental fee ($15.00); initial meter attachment fee ($25.00); (G) The cost of water shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits, plus the minimum monthly fee billed for a three-inch (3") meter of seventy-six dollars and thirty-five cents ($76.35), except as provided in Paragraph IV of this Agreement. (H) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (1) A Physical air gap will be the only allowed method to protect CITY from any possible cross - connections. Lack of a physical air gap will be cause for termination of service. (J) COMPANY'S temporary potable water supply system will be segregated from any existing and future water systems. (K) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (L) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (M) There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (N) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. 3 IV. The term of this Temporary Water Service Agreement shall be six (6) months, beginning on April 1, 2020 and expiring on September 30, 2020. During such term COMPANY shall be entitled to purchase 8,000,000 gallons of potable water from CITY in order to partially fill its 12,600,000 gallon tank in order to complete a hydrostatic test. Furthermore, in the event a retest is required, COMPANY is entitled to purchase another 8,000,000 gallons of potable water from CITY in order to execute the retest. COMPANY agrees to provide CITY with at least 48 hours' notice before either a test or retest is executed. COMPANY also agrees to notify CITY in writing at such time as the testing is complete and the acquisition of potable water from CITY is no longer required. COMPANY is authorized to purchase a maximum of 16,000,000 gallons of potable water during the term of this Temporary Water Service Agreement. After acquisition of 16,000,000 gallons of potable water CITY maintains the right to immediately suspend provision of water service and to termination this Agreement. Should COMPANY acquire more than 16,000,000 gallons of potable water, with or without prior authorization from CITY, the cost of supply of the excess water shall be four hundred percent (400%) of the CITY'S rate as established from time to time for commercial customers. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement immediately 1) without cause; 2) upon F. COMPANY'S use and purchase of the maximum allowable allotment of 16,000,000 gallons of potable water as provided in Paragraph IV of this Agreement; or 3) in the event of violation of the terms and provisions hereof by COMPANY. In such case CITY will provide written notice to COMPANY, and such termination will be effective upon receipt of the notice by COMPANY. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Provision of water service by CITY to COMPANY shall terminate immediately upon receipt of written notice of termination. X. ENTERED INTO and effective the day of , 2020. ENTERPRISE PRODUCTS OPERATING LLC Signature of Company's Authorized Representative Printed Name: Company Representative's Title: Company's Address: 5 ATTEST: Lee Woodward City Secretary APPROVED AS TO FORM: Clark T. Askins Assistant City Attorney CITY OF LA PORTE, TEXAS Louis R. Rigby Mayor Corby D. Alexander City Manager R, EXHIBIT "A" Temporary Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive water service from CITY per the terms of the Water Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: I. Physical Air Gap on piping to break tank. No physical connection of any pump or pumping device upstream of the air gap. 2. Establish a hydrant meter account 3. Notification that available fire flow to the Enterprise Administrative site will be sacrificed during this operation. 4. Follow all TCEQ and EPA requirements for discharge permit (de -chlorination, removal of ammonias). 5. Strict adherence to all regulatory agency requirements. Initial for Approval: CITY APPROVAL: COMPANY APPROVAL: 0 JONEs; rAFZTER SUMMARY OF FINDINGS MEMORANDUM TO: City of La Porte • ..e ..........s... . KYLE H.KASPAR.. > ,,� .,114352 r FROM: Kyle Kaspar, P.E. DATE: March 4, 2020 RE: City of La Porte Water System Analysis for Temporary Service to Enterprise Products Introduction Jones I Carter (JC) was authorized to perform a water system analysis for the City of La Porte (the City) to determine the ability and impact of providing temporary water service to an Enterprise Products site (Enterprise), located at 1200 N Broadway Street, La Porte, Tx 77571 (the Point of Use). Enterprise was recently extended water service for potable use and for use in fire protection of their administration building. The current request is to use a larger than typical flowrate for an extended period of time for onsite purposes in addition to the normal potable and (emergency condition only) fire protection uses. JC developed a computer model of the City's water distribution system in conjunction with the 2018 Water Master Plan Update, dated April 17, 2019. The purpose of this water system analysis was to assess the flow and pressure conditions through existing infrastructure with the additional requested demand conditions and determine compliance of the City's system with 30 TAC §290.44(d) in Texas Commission on Environmental Quality's (TCEQ) Rules and Regulations for Public Water Systems. 30 TAC §290.44(d) states that the system must maintain residual pressures above 35 psi during normal operation and above 20 psi during an emergency condition. Existing Conditions The City of La Porte serves an Average Daily Flow (ADF) of 3.98 MGD with six (6) water plants, three (3) Elevated Storage Tanks (ESTs) and approximately 213 miles of waterlines. See the 2018 Water Master Plan Update for further details of the overall existing City system. From the 2018 computer model, the City's closest water infrastructure to the point of delivery is a 12-inch waterline east of SH 146, south of the SH 225 interchange with SH 146 and north of the railroad tracts. Exhibit A presents the existing infrastructure from the model in this area. Based on the 2018 model, this location had a minimum pressure of 52.5 pounds per square inch (psi) during an ADF condition, 49.1 psi during a Max Daily Flow (MDF) condition, and an available fire flow of approximately 1,400 gpm during an ADF condition, while maintaining 20 psi. The model has an accuracy of ±5 psi for any given location as presented in the 2018 Master Plan Update. In 2019, approximately 1,000 linear feet (LF) of public 12-inch waterline was extended southeast along Private Enterprise Drive to a hydrant for potable water and fire service to Enterprise (the Take Point). m JONES (CARTER Texas Board of Professional Engineers Registration No, F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 City of La Porte — Enterprise Products Service Page 2 Water System Analysis Proposed Conditions Based on information provided by the City, Enterprise is requesting water supply in increments of 100 gallons per minute (gpm) from 300 gpm to 600 gpm for 24 hours per day. The City has a maximum desirable delivery flowrate of 450 gpm based on the accuracy of the proposed 3-inch hydrant meter proposed to be utilized. Enterprise has requested delivery during the month of July. July is a summer month that usually includes at least one, if not multiple MDF condition days. Attached Exhibit A presents Water System Layout of the area of proposed service. Water System Analysis A computer model of the water system was analyzed utilizing WaterGEMS CONNECT Edition by Bentley Water Systems. The parameters of the computer model followed guidelines outlined in AWWA M32 Computer Modeling of Water Distribution Systems and as outlined in the 2018 Water Master Plan. The computer model was analyzed based on a constant demand of variations of 300-600 gpm. Pressures were analyzed to maintain above 35 psi during Peak Hour Demand conditions and above 20 psi during fire flow conditions. Scenarios of ADF, MDF, and Fire Flow conditions were evaluated to determine the available pressure at the Take Point as well as impacts to the City's existing upstream infrastructure and customers. Table No. 1 presents a summary of the results. Exhibits B through F attached present the minimum pressure and maximum velocity during the MDF condition for each set of scenarios. Table No. 1 Model Results 1 Exist ADF 50.5 52.3 i 2 Exist MDF 47.1 48.9 3 Exist Fire Flow 1,300 4 Exist ADF + 300 gpm 47.5 49.0 5 Exist MDF + 300 gpm 44.3 45.9 6 Exist Fire Flow + 300 gp►r 1,000 7 Exist ADF + 400 gpm 45.8 47.1 8 Exist M DF + 400 gpm 43.3 44.6 9 Exist Fire Flow + 400 gpm 900 10 Exist ADF + 500 gpm 43.9 45.0 11 Exist MDF + 500 gpm 40.9 42.0 12 Exist Fire Flow + 500 gpm 800 13 Exist ADF + 600 gpm 41.5 42.3 14 Exist MDF + 600 gpm 38.5 39.2 15 Exist Fire Flow + 600 gP►r 700 01) JON ES�CARTER Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 City of La Porte — Enterprise Products Service Page 3 Water System Analysis The following is an analysis of the results presented in Table No. 1. ■ All existing and proposed conditions as presented maintained minimum residual pressures during ADF, MDF, and Fire Flow scenarios as required in TAC §290.44(d). ■ The addition of the requested demand will have a measurable affect on the existing City customers' water pressure in this area. The pressure reduction will vary from 5 psi to 10 psi, as allowable take flowrate is increased from 300 gpm to 600 gpm. These changes will be more noticeable during the MDF condition, which is anticipated during the requested take timeframe of July 2020. ■ Due to the fact that the model has an accuracy of±5 psi, it is not recommended that the City allow delivery of more than 500 gpm, as this would result in the potential to drop City pressures below TCEQ requirements under normal conditions. (38.2 psi is the modeled condition of 600 gpm take rate during an MDF condition. This value — 5 psi would be 33.2 psi, which is less than the TCEQ requirement of 35 psi during normal conditions). ■ Available fire flow to the Enterprise site will be sacrificed with the increasing take flowrate. If 1,000 gpm of fire flow is desired to be available to the Enterprise site, then 300 gpm is the maximum allowable take flowrate. This analysis was completed with available provided and collected data for the City of La Porte 2018 Water Master Plan Update. Site specific field flow and pressure tests are recommended to confirm the analysis presented herein prior to providing the maximum take flowrate desired. 0 J 0 N E S f CARTER Texas Board of Professional Engineers Registration No. F-439 I Texas Board of Professional Land Surveying Registration No. 10046100 EXHIBIT A - EXIST INFRASTRUCTURE La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Color Coding.. Lege Junction: Elevation < 6.00 < 8.00 < 10.00 < 12.00 < 14.00 — 16.00 c 18.00 — 20.00 — 22.00 — 24.00 — 26.00 = 28.00 < 30.00 _ 3200. Other WaterGEMS CONNECT Edition Update 2 [10.02.03.06] Page 1 of 1 EXHIBIT B - EXIST MDF RESULTS WaterGEMS CONNECT Edition Update 2 La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.03.06] 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 1 +1-203-755-1666 EXHIBIT C - 300 GPM MDF RESULTS WaterGEMS CONNECT Edition Update 2 La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.03.06] 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 1 +1-203-755-1666 EXHIBIT D - 400 GPM MDF RESULTS Color Coding Legend Junction: Pressure (Minimum) (psi) <= 20.0 40.0 45.0 50.0 55.0 60.0 Omer 4 Color Coding Legend Pipe: Velocity (M.i... ) (Ws) — 1.00 — 2.00 — 4.00 uuuuuuuuuuuuuuuuuuuuu — 6.00 other WaterGEMS CONNECT Edition Update 2 La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.03.06] 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 1 +1-203-755-1666 EXHIBIT E - 500 GPM MDF RESULTS Color Coding Legend Junction: Pressure (Minimum) (psi) <= 20.0 40.0 45.0 50.0 55.0 60.0 Omer Color Coding Legend Pipe: Velocity (M.i... ) (Ws) — 1.00 — 2.00 — 4.00 uuuuuuuuuuuuuuuuuuuuu — 6.00 other WaterGEMS CONNECT Edition Update 2 La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.03.06] 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 1 +1-203-755-1666 EXHIBIT F - 600 GPM MDF RESULTS Color Coding Legend Junction: Pressure (Minimum) (psi) <= 20.0 40.0 45.0 50.0 55.0 60.0 Omer Color Coding Legend Pipe: Velocity (M.i... ) (Ws) — 1.00 — 2.00 — 4.00 uuuuuuuuuuuuuuuuuuuuu — 6.00 other WaterGEMS CONNECT Edition Update 2 La Porte Water Model 2018-Enterprise Products Assessment.wtg Bentley Systems, Inc. Haestad Methods Solution Center [10.02.03.06] 2/25/2020 27 Siemon Company Drive Suite 200 W Watertown, CT 06795 USA Page 1 of 1 +1-203-755-1666 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Matt Hartleib, HR Manager Department: Administration/HR Report i' Resolution 1�'°' Ordinance Exhibits: FFCRA Presentation Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY The Families First Corona Response Act (FFCRA) came into effect on April 1, 2020. Part of this legislation mandates employers such as the City provide paid leave to employees who meet certain criteria related to COVID-19. There are two main aspects of the leave: Emergency Paid Sick Leave (EPSL) and Emergency Paid FMLA or Expanded FMLA (FMLA+). The EPSL is capped at 80 hours for each employee ("EE") that meets requirements for one of six criteria- 1 . EE subject to federal/state/local quarantine or isolation order 2. EE advised by Health Care Physician to self -quarantine 3. EE is experiencing symptoms and is seeking medical diagnosis 4. EE is caring for an individual subject or advised to quarantine or isolation 5. EE is caring for child whose school or place of care, or childcare provider, is unavailable due to COVID-19 precautions 6. EE is experiencing substantially similar conditions as specified by HHS Criteria 1-3 are paid at 100% of the employees regular pay, with criteria 4-6 paid at 2/3 regular pay. Employees are able to supplement the 2/3 pay with personal accrued pay. The FMLA+ is available for only one criteria: employee is unable to work or telework due to a need for leave to care for the son or daughter under the age of 18, if the school or place of care has been closed, or the child care provider is unavailable due to public health emergency. Up to an additional ten (10) weeks of paid leave at the 2/3 rate. The legislation allows for employers to exclude certain "emergency responders." This option allows municipalities to maintain staffing and service levels to the community. Employers have the option to define exclusions for both or either one of the leave aspects (EPSL or FMLA+). The HR Manager will deliver an expanded presentation of the topic including some market data on how other cities are proceeding and answer any questions. Options include: 1. Exclude no employees from either aspect 2. Exclude emergency responders from both aspects 3. Exclude emergency responders from one of the aspects Recommendation: Based on guidance from La Porte's public safety leadership, staff's recommendation is option 3 — exclusion of emergency responders from the FMLA+ aspect of this legislation. Emergency responders at City of La Porte will include sworn Police, Fire, EMS, and Dispatch positions. RECOMMENDED MOTION I move to direct staff to implement the Families First Corona Response Act (FFCRA) according to option Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date TEXAS The Families First Corona Response Act (FFCRA) came into effect on April 1, 2020 and will sunset on December 31, 2020. Among other benefits, the act requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVI D-19. As a government entity, the City of La Porte is one of those certain employers. Mc spects of Pa"Id There are two main aspects of the mandated paid leave: • Emergency Sick Leave (ESL) and Emergency Paid FMLA (FMLA+) Emergency Sick Leave Capped at 80 hours No eligibility requirements Full pay or 2/3 pay depending on which of the six criteria are met Subject to monetary caps that would have no impact to most of our employees ESL Categories There are six reasons where an employee is unable to work that qualifies them for ESL 1. EE subject to federal/state/local quarantine or isolation order 2. EE advised by HCP to self -quarantine 3. EE is experiencing symptoms and is seeking medical diagnosis 4. EE is caring for an individual subject or advised to quarantine or isolation . EE is caring for child whose school or place of care, or childcare provider, is unavailable due to COVID-19 precautions . EE is experiencing substantially similar conditions as specified by HHS. 0 Applies only to category S - caring for child whose school or place of care, or childcare provider, is unavailable due to COVID-19 precautions • Up to 12 weeks total -Weeks 1 and 2 are unpaid Weeks 3 to 12 are % paid Eligibility - Must be employed 30 calendar days. Protects all 12 weeks but only PAYS for weeks 3 to 12. Exclusion of Emergency Responders The law allows for an employer to exclude from either or emergency responders is reflective of a balance struck by the FFCRA . . . \[to\] provide for paid sick leave and expanded family and medical leave so employees will not be forced to choose between their paychecks and the individual and public health measures necessary to combat COVID-19 . . . \[and that\] providing paid sick leave or expanded family and medical leave does not come at the expense of fully staffing the necessary functions of Emergency Responders Per DOL guidance: Wl Baytown Bellaire League City* Pearland *These cities have stated they reserve the right to implement exemptions later. Friendswood Galveston Sugar Land Texas City Deer Park Missouri City Pasadena Seabrook Options & recommendation 7v- �CXA9 Exempt no emergency responders from either ESL or FMLA+ Exempt emergency responders from both ESL and FMLA+ Exempt emergency responders from either ESL or FMLA+ Recommendation — Exempt emergency responders from FMLA+ only. Include sworn Police, Dispatch, Fire, and EMS. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 13, 2020 Requested By: Corby Alexander, City Mgr. Department: Administration/CMO Report i' Resolution l�'*' Ordinance Exhibits: Ordinance 2020-3783, Deed, Current Photos, Map, Survey, and Appraisal Summary Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: ir Yes i; No SUMMARY The City received an application from Jana Gutierrez, on behalf of Crenshaw Real Properties II, LTD to vacate, abandon and close a portion of the N 8t" Street right of way, adjacent to the property legally described as Tracts 12, 12B, 12C, and 12D, Block 12, Nebraska Syndicate, located along SH 146 north of the H Street right of way. Staff has included "current photos" to better familiarize the City Council of the location. Based on the provided current photos, the property owner of the laydown yard has enclosed portion of the current right-of-way with a chain -link fence which runs along the eastern side of the City's right-of-way. Currently, the fencing the property owner has placed in the right- of-way needs significant work due to the fence nearly parallel with the ground in areas. Additionally, the property owner has place entrance/exit gates at both the north and south portions of the fenced in right-of-way area. Based upon the easement map documents provided in the Ordinance and Deed, the City's waterline runs north & south in the grassed area of the current photos, while the main sewer line also runs north & south, but is within the fenced in area of the laydown yard. The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. La Porte Real Property, LLC, the only other adjacent property owner, decided not to participate in the request and has authorized conveyance of their portion of the right of way in its entirety to Crenshaw Real Properties II, LTD. The total area of the requested closure equals 68,800 square feet. Staff has identified the location of existing water and sewer mains that currently exist within the right of way proposed for closure. Comcast, AT&T, and Centerpoint, the three franchise utility companies, have all provided letters of no objection to the proposed right of way closure. Area In order to close the requested ROW, City will need an easement requiring unobstructed access. The proposed deed includes language reserving the easement to cover the water and sewer lines. Additionally, staff has proposed to include a deed restriction baring any construction in the easement. The water and sewer lines located in the N 8tn Street right-of-way are the only means of service for the industrial areas to the north. The materials for both the water and sewer infrastructure are no longer utilized and they are nearing the end of their useful life. Full replacement of the existing utility lines could be necessary in the near future. In accordance with Sections 62-32 of the City's Code of Ordinances, the City obtained an appraisal of the subject rights of way to establish fair market value. The appraisal report established a value of $2.50 per square foot. The applicant has submitted closing fees in the amount of $172,000 (68,800 sq. ft. x $2.50) to the City. These funds are being held in escrow subject to final consideration and action by Council. RECOMMENDED MOTION I move that the Council adopt Ordinance 2020-3783 for street and alley closure request #19- 25000007, vacating and abandoning a portion of then N 8t" St. right-of-way, adjacent to the property legally described as Tracts 12, 12B, 12C, and 12D, Block 12, Nebraska Syndicate, and authorize the City Manager to execute a deed to the adjacent property owner for the subject right of way. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2020-3783 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE PORTION OF THE NORTH 8TH STREET RIGHT-OF-WAY SITUATED BETWEEN THE H STREET RIGHT-OF-WAY AND THE J STREET RIGHT-OF-WAY, AND RESERVING PUBLIC UTILITY EASEMENTS TO THE CITY OF LA PORTE FOR WATER AND SANITARY SEWER MAINS; AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS WITH RESTRICTIVE COVENANT AS TO ERECTION OF STRUCTURES, FACILITIES OR IMPROVEMENTS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of the properties abutting the portion of the N. 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way, to vacate, abandon and close said right-of-way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the portion of the N. 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way are not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the portion of the N. 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way is for the protection of the public and for the public interest and benefit, and that the portion of the N. 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the portion of the N. 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way is hereby permanently vacated, abandoned, and closed by the City of La Porte, Texas, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: Being a tract of land containing 1.506 acres, being a portion of N. 8th Street, Nebraska Syndicate, recorded in Volume 83, Page 34S. Harris County Deed Records and being located in the Johnson Hunter League, Abstract No. 35, Harris County, Texas, and being more fully described as follows: BEGINNING, at the southerly corner of said street. said COMENCING POINT having a Texas State Plane Coordinate System, South Central Zone (4204) Value of X=3,229,599.17 and Y= 13,814,674.1S (GRID); THENCE, South 86 degrees 55 minutes 55 seconds West over and across said street, a distance of 80 feet to the southwesterly comer of Lessee's Land Space; THENCE, North 03 degrees 04 minutes 05 seconds West over and across said street, a distance of 860.04 feet to the northwesterly corner of Lessee's Land Space; 2 THENCE, North 86 degrees 55 minutes 55 seconds West continuing over and across said street, a distance of 80.00 feet to the Northeasterly corner of Lessee's Land Space; THENCE, North 86 degrees 01 minutes 30 seconds East continuing over and across said Parent Tract a distance of 40.00 feet to the northwesterly corner of Lessee's Land Space; THENCE, South 03 degrees 04 minutes 05 seconds East continuing over and across said street, a distance of 860.0 feet to the POINT OF BEGINING. RESERVATION OF EASEMENT AND RESTRICTION ON USE: The City of La Porte hereby retains a ten (10) foot public utility easement, being five (5) feet on each side of the centerline of the existing water main located within the aforementioned portion of the North 81h Street right- of-way, and a twenty (20) foot public utility easement, being ten (10) feet on each side of the centerline of the existing sanitary sewer main located within the aforementioned portion of the North 81h Street right-of-way, with the location of said public utility easements being generally illustrated on Exhibit "B" incorporated herein. Furthermore, the City of La Porte prohibits the erection of any structures, facilities or improvements on or below the surface of the right-of-way and public utility easement areas illustrated on Exhibit A and Exhibit B. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non -apparent, aerial, surface or underground, including the public utility easements reserved to the City of La Porte as described herein. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the portion of the N 81h Street right-of-way situated between the H Street right-of-way and J Street right-of-way, as described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. 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. 3 Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS 13' day of April 2020. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney 8th Street Easement Exhibit 0 r I �r N J St. ROW ON I/ I I it 1002 h II ZA j G �j' f j l D � N H St. ROW 4/1/2020 1:47:10 PM Base Map Layer - City Limits Water System - Water Mains Sanitary Sewer - Sewer Mains Parcel Layer - Address Parcels N.T.S. Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community City of La Porte Online Maps. For informational purposes only. This map is not a legal document. DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: April 13, 2020 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Crenshaw Real Properties II, LTD Mailing Address: 1655 Louisiana Street, Beaumont, TX 77701-1120 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 1.506 acres, being a portion of N. 8 h Street, Nebraska Syndicate, recorded in Volume 83, Page 34S. Harris County Deed Records and being located in the Johnson Hunter League, Abstract No. 35, Harris County, Texas, and be more fully described as follows: BEGINNING, at the southerly corner of said street. said COMENCING POINT having a Texas State Plane Coordinate System, South Central Zone (4204) Value of X=3,229,599.17 and Y= 13,814,674.IS (GRID); THENCE, South 86 degrees 55 minutes 55 seconds West over and across said street, a distance of 80 feet to the southwesterly comer of Lessee's Land Space; THENCE, North 03 degrees 04 minutes 05 seconds West over and across said street, a distance of 860.04 feet to the northwesterly corner of Lessee's Land Space; THENCE, North 86 degrees 55 minutes 55 seconds West continuing over and across said street, a distance of 80.00 feet to the Northeasterly corner of Lessee's Land Space; THENCE, North 86 degrees 01 minutes 30 seconds East continuing over and across said Parent Tract a distance of 40.00 feet to the northwesterly corner of Lessee's Land Space; THENCE, South 03 degrees 04 minutes 05 seconds East continuing over and across said street, a distance of 860.0 feet to the POINT OF BEGINING. SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS: The City of La Porte hereby retains a ten (10) foot public utility easement, being five (5) feet on each side of the centerline of the existing water main located within the aforementioned portion of the North 8�h Street right-of-way, and a twenty (20) foot public utility easement, being ten (10) feet on each side of the centerline of the existing sanitary sewer main located within the aforementioned portion of the North 81h Street right-of-way, with the location of said public utility easements being generally illustrated on Exhibit "A" incorporated herein. RESTRICTION ON USE: As a condition of the conveyance of the Property the City of La Porte expressly prohibits the erection of any structures, facilities or improvements on or below the surface of the Property and the public utility easements reserved to the City of La Porte herein and illustrated on Exhibit A. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of LaPorte, Texas Lee Woodward City Secretary Approved as to form: Clark T. Askins Assistant City Attorney Corby D. Alexander City Manager STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on day of APRIL, 2020, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 LaPorte, TX 77572-1218 8th Street Easement Exhibit 0 r I �r N J St. ROW ON I/ I I it 1002 h II ZA j G �j' f j l D � N H St. ROW 4/1/2020 1:47:10 PM Base Map Layer - City Limits Water System - Water Mains Sanitary Sewer - Sewer Mains Parcel Layer - Address Parcels N.T.S. Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community City of La Porte Online Maps. For informational purposes only. This map is not a legal document. 8t" Street Current Photos R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 League City, Texas 77574 November 18, 2019 City of La Porte P.O. Box 1115 LaPorte, Texas 77572 Office- 281-338-9633 Fax- 281-338-9533 RE: Restricted Appraisal regarding the estimated Market Value of a portion of North 8th Street unopened right of way between Avenue H and Avenue J, LaPorte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as a total of +-1.506 acres of land situated a portion of North 8th Street unopened right of way between Avenue H and Avenue J, La Porte, Harris County, Texas. (See attached survey know as Exhibit "A" located in the addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. Per instructions from the client the market value indicated reflects the unit value of the subject property before any discounting for use as a public right of way application. This market value indication does not reflect any discounting for use as a public right of way. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject .....Page 2 Continued...... to the preparation of a detailed appraisal report. The subject property as described by the survey as provided, contains a total of +-1.506 acres or 65,601 square feet of land area. The subject property consists of a portion of the unopened North 8th Street right of way which is 80' X 860.04'. This right of way is located north of Barbour's Cut Blvd and east of State Highway 146 in north La Porte. The subject site is generally flat and level in terms of topography. It is not located in the 100 year flood plain. Adjacent property uses consist primarily of commercial and light industrial property uses. The adjacent properties area zoned for light industrial and business industrial use by the City of La Porte. The Highest and Best Use of the subject property is determined to be for use either for a street right of way, however it may have an alternative use by adjacent property owners due to its configuration. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal and inspection is November 6, 2019. The date of the report is November 8, 2oig. The estimated exposure time is up to 24 months. Other sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. A unit value range of between $2.00 PSF to over $8.0o PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.50 PSF before any additional discounting by the "City". Therefore the unit market value of the subject tract is estimated at $2.50 PSF which is based on 100% fee simple ownership with no discounting applied for use as a public right of way. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES, INC. PIP J. STREET PI 80' R.O.W., VOL- 83, PG 345 H.C.D.R. 1 W W W a 0 0 {IJ o d CALLED 47.709 ACRES m LA PORTE LANDFILL o RESTRICTED RESERVE "A" FILM CODE NO 664044 00 H.C.M.R. i� F U w � �oM on on ,- STREET TO BE STREET VACATED - P.O.B. LSO-000 S86' 55' 55"W (UNIMPROVED) H. STREET (80' R.O.W.) VOL. 83, PG 345, H.C.D.R. V:C N ," MAP N.T,S. 'El VA? 540'r'1 PARCEL DESCRIPTION A tract of land containing 1.506 acres, being a portion of the lith street Nebraska Syndicate, recorded in Volume $3, Pagc 345, Harris County Deed Roconis and being located in the Johnson Hunter League, abstract No. 35. Harris County, Texas. And be more fully described as follows: COMMENCING at the southeasterly comer of said streot, said COMMENCING POINT having a Texas State Plane Coordinate System, South Central Zone (4204) Value of X= 3,229,599.17 and Y- 13,814,674.15 (GRID); THENCE, South 86 degrees 55 minutes 55 seconds Wcst over and across said street, a distance of 80 feet to the southwesterly corner of Lessee's Land Space; THENCE, North 03 degrees 04 minutes 05 seconds West over and ncrnss said 'street, a distance of M 04 feet to the northwesterly corner of Lessee's Land Space: THENCE. North 86 degrccs 55 minutcs 55 scennds Wost continuing over and across said street, a distance of 80.00 feat to the Northeasterly comer of lessee's Land Space: THENCE, North 86 dcgrces Ol minutcs 30 seconds East continuing over and across said Parent Tract, a distance of 40.00 Feet to the northwesterly comer of Lessee's Land Space; THENCE, South 03 deyaees 04 minutes 05 seconds Lest continuing over and across said strccl, a distance or E60.0 feet to the POINT OF BEGINNING. SURVEY OF 1.506 ACRE TRACT A PORTION OF THE BTH STREET NEBRASKA SYNDICATE VOLUME 83, PAGE 345, HARRIS COUNTY DEED RECORDS AND BEING LOCATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS