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HomeMy WebLinkAbout07-13-20 Regular Meeting of the La Porte City Council Office of the Mayor WHEREAS,parks and recreation programs are an integral part of communities throughout this country, including inthe City of La Porte; and WHEREAS,our parks and recreationfacilities and programmingare vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a communityand region; and WHEREAS,our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS,the U.S. House of Representatives has designated July as National Parks and Recreation Month; I, Louis R. Rigby, Mayor, do hereby proclaim the month of July2020, as NOW, THEREFORE, Parks and Recreation Month th In Witness Whereof:I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 13day of July, 2020. City of La Porte ______________________________ Louis R. Rigby, Mayor LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 BRANDON LUNSFORD Mayor Pro-Tem Councilmember At Large A THOMAS GARZA STEVE GILLETT Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Councilmember District 5 Councilmember District 1 NANCY OJEDA CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULARMEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JUNE 22, 2020 The City Council of the City of La Portemet in aregularmeetingonMonday,June22,2020,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., with the following in attendance: Councilpersonspresent: Brandon Lunsford, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza(6-6:19 p.m.), Jay Martin, Nancy Ojeda Councilpersons attending remotely:Louis Rigby Councilpersonsabsent: Thomas Garza left meeting at 6:19 p.m. Council-appointed officers present: Corby Alexander, City Manager;Lee Woodward, City Secretary; Clark T. Askins, Assistant City Attorney CALL TO ORDER Mayor Pro Tem Bentley presided and called the meeting to order at 6:07p.m. Councilperson Gillett moved to require all persons attending the meeting to wear amask. Councilperson Gillett amended his motion to only include those sitting at the dais; the motion was adopted, 7-2, Councilpersons Garza and Earp voting against. Mayor Pro Tem Bentley recessed the Council at 6:16 p.m. The Council reconvened at 6:19 p.m.and Mayor Pro Tem Bentley had the Sergeant at Arms to escort Councilperson Garza from the room. 2. INVOCATIONAND PLEDGES-The invocation wasgiven by Assistant City Attorney Clark Askins,and pledges wereled by Councilperson Brandon Lunsford. 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.) Jami Rodriguez, Susy Smith, Carole Kimbel, Gene Sanchez, and Robert Guy spoke in support of reopening the Fairmont Park West pool. Chuck Rosa spoke against wearing masks. Randy Rowan askedquestions about the Fairmont Park West pool and park. 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 June 8, 2020,City Council meeting.\[Mayor Louis R. Rigby\] Page 1of3 June 22, 2020,Council Meeting Minutes b.Accept a dedication deed from Bayway Homes, Inc. to the City of La Porte, Texas, of a public alley right-of-way to be situated in Block 103, Town of La Porte, located between N. 6th Street and Dr. Martin Luther King Jr. Drive. \[Ian Clowes, City Planner\] c.Approve BuyBoard Contract 610-20 for acquisition of EMS Medical Supplies. \[Lisa Camp, EMS Chief\] d.Award Bid #20011 for the Broadway Trail Lighting Project Phase 1 to Leggio Electric in the amount of $349,000.00, and approve a project contingency of $34,900.00, for a total authorization of $383,900.00. \[Rosalyn Epting, Director of Parks & Recreation\] e.Authorize the City Manager to issue a letter of intent to Mac Haik Dodge Chrysler Jeep to purchase an Ambulance Module with a Dodge Ram 4500 Chassis in the 2020-2021 Fiscal Year under a BuyBoard contract. \[Lisa Camp, EMS Chief\]\] f.Approve an interlocal agreement between Harris County and the City of La Porte for local bus transit services for twelve (12) month term. \[Jason Weeks, Assistant City Manager\] CouncilpersonMartinmoved to approve the consent agenda; the motion was adopted, 8-0. 5. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES aThe City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2020-3790 amending the Code of Permit #20-91000002, to allow for a floral shop and tea roomuse to locate on a 0.75-acre tract of land, legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J Survey in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2020-3790 amending the Code of Ordinances of - 91000002 to allow for a floral shop and tea room use to locate on a 0.75-acre tract of land, legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J Survey in the Planned Unit Development (PUD) zoning district. \[Ian Clowes, City Planner\] (Councilperson Lunsford signed a Conflict of Interest affidavit and did not participateinthe discussion or vote onthis item.)Mayor Pro Tem Bentleyopened the public hearing at 6:46p.m.Ian Clowes, City Plannergave a brief presentation. Mayor Pro Tem Bentleyclosed the public hearing at 6:50p.m. Councilperson Ojedamoved to uphold the Planning and Zoning Commission approval and adopt Ordinance 2020- by granting Special Conditional Use Permit #20-91000002 to allow for a floral shop and tea room use to locate on a 0.75-acre tract of land, legally described as a portion of Lots 3 & 4, and a portion of Tract 5, Block 2, Payne W J Survey in the Planned Unit Development (PUD) zoning district; the motion was adopted, 7-0. 6. STATUTORY AGENDA a.Receive an Annual Presentation from the Economic Alliance Houston Port Region. \[Ryan Cramer, Economic Development Coordinator Chad Burke, President and CEO,provided an annual presentation from the Economic Alliance Houston Port Region. b.Presentation, discussion,and possible approval of a Sublease Agreement between Tri-Star Aviation Inc. and Brandon Lunsford/Garden of Eden for the operation of a restaurant/flower shop on the La Porte Municipal Airport. \[Corby Alexander, City Manager\] Page 2of3 June 22, 2020,Council Meeting Minutes (Councilperson Lunsford signed a Conflict of Interest affidavit and did not participate in the discussion or vote on this item.) Councilperson Ojedamoved to approve the sublease agreement between Tri-Star Aviation, Inc. and Brandon Lunsford/Garden of Eden for the operation of a restaurant/flower shop at the La Porte Municipal Airport; the motion was adopted, 7-0. c.Presentation, discussion, and possible action to provide staff direction on the Parks, Recreation, and Open Space Master Plan. \[Rosalyn Epting, Director of Parks & Recreation\] Aaron Tuley of Halff Associates, Inc. presented the work accomplished in creating the master plan. d.Presentation, discussion, and possible action regarding Ordinance 2020-3791, authorizing the Mayor to enter into an agreement with Fairmont Park West HOA for the lease of swimming pool at Fairmont Park West, from June 22, 2020, to December 31, 2020. \[Corby Alexander, City Manager\] No action was taken. 7. ADMINISTRATIVE REPORTS Drainage and Flooding Committee meeting, July 13 City Council meeting, July 13 Planning and Zoning Commission meeting, July 16 Zoning Board of Adjustmentmeeting, July 23 City Manager Corby Alexander said Ryan Cramer was leaving to go to graduate school at the University of Texas. Councilperson Gillett asked for a copy of the ESD budget before the meeting was held. 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. Councilpersons mused on why some areunwilling to wear masks in public safe; thanked theLa PortePolice Department for their service; reminded others that not all neighborhoods have pools or parks; shared that regional politicians from both major parties have asked that mask wearing not be politicized during a public health emergency; thanked Mayor Pro Tem Bentley for presiding; asked all opportunity to serve; shared disappointment over how the issue of Fairmont Park West had turned out; 10. ADJOURN Without objection, Mayor Pro Tem Bentleyadjourned themeeting at 9:05p.m. _______________________________ Lee Woodward, City Secretary Page 3of3 June 22, 2020,Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Requested By:Source of Funds:003Utility CIP Ray Mayo, Director Department: Public Works Account Number:003-7071-531-1100 Amount Budgeted:$202,084.00 ReportResolutionOrdinance Amount Requested:$65,214.00 Exhibits:Bid #20017Bid Notification and Access Report,Bid Budgeted Item:YesNo Tabulation,Project Area MapandBid from Android Construction,LLC SUMMARY th Bids were openedon June 16, 2020for 8Street Aerial Crossing Water Line Replacement - CLPBid #20017.The general scope of work consists of replacing approximately two-hundred (200) linear feet of existing ductile iron water mainand two (2) 45 degree bends,and multiple th pipe supportsattached tothe S. 8Street bridge.Fifty-seven(57) bidders were notified of the bid opportunity, with thirty-three(33) downloading the bid documents, and two (2) bidders responding. Thelow bid was submitted by Android Construction Services, LLCin theamount of fifty-nine thousand,two hundred eighty-six dollars ($59,286.00).The bid is secured by a bid bond. Android Construction has performed a similar project for La Porte with excellent results. Staff recommends approval of this bid with an added project contingency of $5,928.00(10%) for a total authorization of $65,214.00. Benefits: Replacementof the aging water main will reduce potential leaksand improve the appearance of the aerial pipe crossing. Structural integritywill be improvedwithnew bridge-mounted pipe supports. Liabilities: Thepotential for pipe failurewill likely increase if work is deferred for an extended period of time. RECOMMENDED MOTION I move to award Bid#20017to Android ConstructionServices,LLCand authorize the City Manager to execute a contract with Android ConstructionServices, LLC in the amount of $59,286.00,and approve aproject contingency of $5,928.00, for a total authorization of $65,214.00. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate Bid Tabulation to Sealed Bid #20017 - 8th Street Aerial Crossing Water Line Replacement Android Construction Services, LLC WadeCon, LLC Item No. DescriptionLump Sum PriceLump Sum Price All materials, equipment, parts, labor , on site supervision and clean-up as specified to complete the 8th Street Aerial Crossing water line replacement project. 1$125,000.00$59,286.00 Bid Bond ReceivedYesYes Bid Tabulation is preliminary and not an indication of award. Other factors may apply. 1202 0 1231 8 " A 1222 . C . 0 8" 1301 1301 1302 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Requested By:Source of Funds:016-LPAWA Ray Mayo, Director Department: Public Works Account Number:016-7075-533-8021 Amount Budgeted:$102,000.00 ReportResolutionOrdinance Amount Requested:$92,950.00 Exhibits:Bid #20015Bid Notification and Access Report,Bid Budgeted Item:YesNo Tabulation,Project Area MapandBid from Android Construction, LLC SUMMARY The La Porte Area Water Authority (LPAWA) owns and maintains a transmission main from the City of Houston Southeast Water Plant to each of the delivery points in La Porte, Shoreacres Point. An item for valve replacement was approved by LPAWA Board and City Council in the FY 2019-20 Budget. Bids were opened on May 21, 2020 for LPAWA Transmission Valve Replacement project -CLP Bid #20015.Thegeneral scope of work consists of replacing three (3) gate valves, ranging from 6inchto 20 inch diameter, flush valve,associated fittings and restraints with thrust blocking. The valves and all fittings are 250 pressure class.The depth of the work and site conditions exceed capabilities of city-owned equipment. This work will require a temporary shutdown of the transmission system and will be coordinated with customers during a low-demand period. Fifty-seven(57) bidders were notified of the bid opportunity, with thirty-three(33) downloading the bid documents, and one(1)bidder responding.The bidwas submitted by Android Construction Services, LLCin the amount of eighty-four thousand,five-hundred dollars ($84,500.00).Android Constructionperformed a similar project of this type, earlier this year for the La Porte Area Authoritywith excellent results. The bid costs are also consistent withthe previous workperformed.Staff recommends approval of this bid with an added project contingency of $8,450 (10%),for a total authorization amount of $92,950.00. Benefits: Replacement of the aging water valveswillimprove reliability in operation of the transmission system.Proper and complete isolation of the system is required for leak testing and maintenance tasks. Liabilities: Thepossibility of valve failurewill likely increase if work is deferred for an extended period of time. Unscheduled, emergency work of this type is not preferred and would be more costly. RECOMMENDED MOTION I move to award Bid#20015to Android Construction Services, LLC and authorize the City Manager to execute a contract with Android Construction Services, LLC in the amount of $84,500.00,and approvea project contingency of $8,450.00, for a total authorization of $92,950.00. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate Notification and Access Report to Sealed Bid #20015 Notifications:Reason 3J Ryan, Inc.Bid Notification AAA Asphalt Paving Inc.Bid Notification Advanced Facility MaintenanceBid Notification AGR CONSTRUCTION,LLCBid Notification AHRG, CorporationBid Notification All Pro General Construction, InBid Notification Anderson Pollution Control, Inc.Bid Notification Angel Brothers Enterprises, LtdBid Notification Baukus ElectricBid Notification Bergeron Emergency Services, Bid Notification Blastco Texas, Inc.Bid Notification Boyer, Inc.Bid Notification Calco Contracting, Ltd.Bid Notification CDC NewsBid Notification Chief Solutions, Inc.Bid Notification Construction JournalBid Notification Crescent Engineering Co IncBid Notification D DavilaBid Notification D.H. Griffin of Texas,IncBid Notification derk harmsen const. co incBid Notification DM Construction LLCBid Notification Dort & O'Connor ContractorsBid Notification DRC Emergency ServicesBid Notification El Dorado Services Inc.Bid Notification ERS, Inc.Bid Notification F&L Coatings and Concrete, LLBid Notification Fielder's Choice IncBid Notification Florida Traffic Control Devices, Bid Notification Follis ConstructionBid Notification Forde Construction Company, IBid Notification G&A BoringBid Notification General Contractor Services, InBid Notification Graham County Land Company Bid Notification Granite InlinerBid Notification Greenlee Plumbing Services, In Bid Notification Greenscapes Six, LLCBid Notification GRZ Mechanical LLCBid Notification GW Phillips Construction, INC. Bid Notification HDR Engineering, Inc.Bid Notification Horseshoe Construction, IncBid Notification inCon-trol Water SystemsBid Notification IPR South Central LLCBid Notification ISC Global Services, Inc.Bid Notification ISI Contracting, Inc.Bid Notification iSqFt / AGC HoustonBid Notification J&G Concrete ProductsBid Notification JDC ServicesBid Notification JERDON ENTERPRISE, L.P.Bid Notification JIm Kodam Inc.Bid Notification K2 Services, LLCBid Notification Kessler PaintingBid Notification KING SOLUTION SERVICES LBid Notification Locus ConstructionBid Notification MHB Construction, Inc.Bid Notification Mid Plains PowerBid Notification Midwest Energy Solutions, Inc.Bid Notification NEC Construction, LtdBid Notification OnviaBid Notification Paskey IncorporatedBid Notification Pfeiffer & Son, Ltd.Bid Notification PLW Waterworks, LLCBid Notification Polston Applied Technologies CBid Notification R J Construction Company, IncBid Notification R. L. UtilitiesBid Notification R.H. Shackelford, Inc.Bid Notification RAC Industries, LLCBid Notification Royal Media Network Inc.Bid Notification SAK Construction, LLCBid Notification SJ&J CONSTRUCTION, LLCBid Notification Southern Road & BridgeBid Notification Stone Castle IndustriesBid Notification T & A Turf and Irrigation, LLC.Bid Notification TCH Directional DrillingBid Notification Teamwork Construction Service Bid Notification texas pride utilities, llcBid Notification THE DRC GROUPBid Notification TLC Trucking & Contracting, IncBid Notification TMI Coatings, Inc.Bid Notification TROJAN WORLDWIDE INC,Bid Notification Utility Service Co IncBid Notification W.W. Payton CorportionBid Notification Webber, LLCBid Notification Access:Documents 54 Construction Android Construction Services LSealed Bid #20015.pdf AR TurnKee Construction Com Sealed Bid #20015.pdf Arceneaux Wilson & Cole LLCSealed Bid #20015.pdf BidClerkSealed Bid #20015.pdf Boyer, Inc. CMD CMS ConstructConnect Construction JournalSealed Bid #20015.pdf D.H. Griffin of Texas,Inc Dale DobbinsSealed Bid #20015.pdf. Dodge Data & AnalyticsSealed Bid #20015.pdf G&A BoringSealed Bid #20015.pdf Hearn CompanySealed Bid #20015.pdf Horseshoe Construction, Inc L&L SuppliesSealed Bid #20015.pdf North America Procurement Co OnviaSealed Bid #20015.pdf Perkens WS CorporationSealed Bid #20015.pdf School Wholesale Supplies LLC SmartProcureSealed Bid #20015.pdf SO Tukmol General Contractor Wayne Enterprises Webtech Bid Tabulation to Sealed Bid #20015 - LPAWA Transmission Valve Replacement @ Farrington Near Big Island Slough ater Shed Android Construction Services, LLC Lump Sum Price ItemDescription 1Materials, tools and equipment, as specified$68,000.00 2Labor and supervision, as specified$16,500 Total Bid$84,500.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds:N/A Requested By:Corby Alexander, City Manager Department:CMO/Administration Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinanceand 2019 Industrial District Agreement Budgeted Item:YesNo SUMMARY The City of La Porte and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve (12) year period. The current agreements expiredon December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. The City mailed 171Industrial District Agreements on September 20, 2019.CityCouncil has approved a total of 138agreements.After removing duplicate accounts and working with legal, staff has reduced the outstanding agreements to 17. completion of the remaining contracts. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: OrdinanceNumberIndustrial Company 2020-IDA-139 Houston Petrochemicals, Inc. 2020-iDA-140 Houston Petrochemicals, Inc. 2020-IDA-141 Schutz Container Systems, Inc. 2020-IDA-142 Baker Petrolite, LLC RECOMMENDED MOTION I move to for approval of Ordinances 2020-IDA-139through 2020-IDA-142 authorizing the execution by the City of La Porte of Industrial District Agreements listed above. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate ORDINANCE NO.2020-IDA-01 AN ORDINANCE AUTHORIZINGTHE EXECUTION BY THE CITY OF LA PORTE, TEXASOF AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC, A_______________________CORPORATION,FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031;MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1.________________________, Inc, a ___________Corporationhasexecuted an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto,incorporated by reference herein, and made a part hereof for all purposes. Section 2.The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas,be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof. Section 3.The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law precedingthis 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 timesduring which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves andconfirms such written notice and the contents and posting thereof. Section 4.Thisordinance shall be effective from and after itspassage and approval, and it is so ordered. PASSEDand APPROVED,this________________day of ___________________, 2019. CITY OF LA PORTE, TEXAS ________________________________ LouisR. Rigby, Mayor ATTEST:APPROVEDAS TO FORM: _____________________________________________________________________ Lee Woodward, City SecretaryClarkT.Askins,AssistantCity Attorney NO. 2020 IDA-__' ' STATE OF TEXAS ' ' COUNTY OF HARRIS ' INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ____________________________ ______________, a _______________________ corporation, hereinafter called "COMPANY", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, 1) any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof, 2) intermodal shipping containers (including but not limited to freight and tank containers) placed on Land belonging to Company shall be permitted to be stacked wide portion of Land contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146; strip, intermodal shipping containers shall be eligible to be stacked one additional container in height within and for each behind and following height, regardless of distance from Fairmont Parkway, State Highway 225, or State Highway 146; and 3) it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize 2 that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be for purposes of computing entitled to an agricultural use exemption B. On or before the later of December 31, 2020, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2031, Company shall pay to City an amount in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). C. Company and City agree that the following percentages Value Year 2020: 64% Value Year 2021: 64% Value Year 2022: 64% Value Year 2023: 64% Value Year 2024: 64% Value Year 2025: 64% Value Year 2026: 64% Value Year 2027: 64% Value Year 2028: 64% Value Year 2029: 64% Value Year 2030: 64% Value Year 2031: 64% Company agrees to pay to City an amount of personal property in the unannexed area equal to the sum of: 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2019, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%), where construction is completed in Value Years 2020 through 2031, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. The eligible period for application of said thirty percent (30 total of six (6) Value Years. In the case of new construction which is completed in Value Year 2028 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Thirty percent (30%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2034. In the case of new construction which was completed in Value Years 2016 through 2019 in accordance with the previous Industrial District Agreement between City and Company, such new construction shall be subject to a Twenty percent 20%)valuation through Value Year 2022, and a Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) Value Years. (b) Application of the thirty percent (30 rate for Substantial Increase in value of the Land, 4 improvements, and tangible personal property dedicated to new construction is limited to new construction purposed for or related to manufacturing and processing uses. In no case shall Company be entitled to application of the thirty percent (30%) Increase in value of the Land, improvements, and tangible personal property dedicated to new construction where the new construction is purposed for or related to uses for warehousing, storage, distribution, and/or general freight trucking and transportation, as well as general commercial uses, such as truck stops, rental facilities, or repair shops. (c) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2019; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (d) If existing Property values have depreciated below the Property value established on January 1, 2019, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2019, value; and 3.Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2020, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas 5 Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31, 2031, unless extended for an additional period or periods of time upon mutual consent of Company and City, as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2031, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Local Government Code Section , is amended, or any new legislation is thereafter 6 enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said laws as the same existed on January 1, 2019. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving , give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also 7 submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1.A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. 8 This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager 9 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: ______________________________ (COMPANY) Attention:___________________ Department ______________________________ ______________________________ Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ Tax Agent/Billing Contact Name: _________________________ Address:_________________________ _________________________ Phone: _________________________ Fax: _________________________ Email: _________________________ ENTERED INTO effective the 1st day of January, 2020. ________________________________ (COMPANY) By: ______________________________ Name:______________________________ Title:_____________________________ Address:___________________________ ____________________________ ATTEST: CITY OF LA PORTE, TEXAS ___________________________ By: ______________________________ City Secretary Louis R. Rigby Mayor 10 APPROVED: ___________________________ By: ______________________________ Knox W. Askins Corby D Alexander City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE, TEXAS La Porte, TX 77572-1218 604 West Fairmont Parkway 281.471.1886 La Porte, TX 77571 281.471.2047 fax knoxaskins@comcast.net STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the __ day of ___________, 20__, by ____________________, _____________________ of ______________________ corporation, a __________ corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas STATE OF TEXAS ' ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the ____ day of ___________, 20__, by Louis R. Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. ______________________________ Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds Description of Land) 12 "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers, as well as the stacking of intermodal shipping containers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. Freestanding identification signs for multiple businesses shall not exceed 350 square feet. Freestanding identification signs shall not exceed 45 feet in height. Minimum setback for sign construction shall be ten (10) feet from property lines. 2. Intermodal shipping containers (including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two (2) containers in height in the said In those instances where shipping containers are the screening requirements established in paragraph 3 immediately below shall apply. 3. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a)Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening 14 "EXHIBIT C" Page 2 of 3 of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 4. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" 15 Page 3 of 3 Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 5. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 6. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item:YesNo 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 on606 S. Utahon the public resale list since2005and has received a minimum bid from BP Coastal Builders & Developers, LLC in the amount of $11,900.00, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the City Councilto pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2004-23385606 S. Utah Street, La Porte, Texas 77571Offer $11,900.00 (cost + taxes) RECOMMENDED MOTION I move to approvea bid by BP Coastal Builders & Developersto acquire a tax resale property described as: Lots 25 and 26, Block 252 of the Town ofLa Porte, according to the map or plat thereof filedin the Real Property Records of Harris County, Texas. Account No. 024-017-052-0025. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate RESOLUTION 2020-16 THE STATE OF TEXAS§ §KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS,the City of La Porte, La Porte IndependentSchool 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 DistrictTaxing A onadgment identified as follows: Lots 25 & 26, Block 252, Town of La Porte, Harris County, Texas, according to the map or plat thereof recorded in Volume 8, Page 16, Map Records of Harris County, Texas. Account No. 024-017-052-0025 WHEREAS,the Taxing Authoritiesremain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to theTaxing 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 saleonSeptember 6, 2005,theCity of La Porte, Trustee for itself and theother 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 andtheother 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 asataxable property; WHEREAS,theCity of La Porte has received an offer of $11,900.00to purchase the property from theBP Coastal Builders & Developers, LLC. NOW, THEREFORE, IT IS ORDEREDbythe City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porteandall the other Taxing Authorities, andas such they are hereby incorporated in full and made part of this Resolution; 2.Thatthe City of La Porteaccepts the tax resaleofferbyBP Coastal Builders & Developers, LLCand authorizes the Mayorof the City of La Porteto sign and execute the deed on behalf of the City of La Porteas Trustee for itself and the other Taxing Authorities,to transfer title to the entity submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____day of ______________,2020. Page 1of2 _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2of2 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 TEXASX XTAX RESALE DEED COUNTY OF HARRISX 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 COLLEGEDISTRICT, acting through itsduly elected officials Section 34.05 of the Texas Property Tax Code, for and in consideration ofthe sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BP COASTAL BUILDERS & DEVELOPERS, LLC RANTEE conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTORand 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. 2004-23385;City of La Porte, Et Al vs. James Sparks, Jr.,in rd the333DistrictCourt of Harris County, said property described as follows: LOTS25 & 26, BLOCK252, TOWN OFLAPORTE,HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOFRECORDED IN VOLUME8, PAGE 16, MAP RECORDS OFHARRIS COUNTY, TEXAS. Account No. 024-017-052-0025 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 effectandshown 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 relateto the hereinabovedescribedproperty. 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,hisheirs 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. GRANTEEmental 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. GRANTEEacknowledges and agreesthat this conveyance is expressly made without warranty. Suit No. 2004-23385Page 1 Taxes for the 2005tax year and also the present tax year are to be paid by GRANTEEherein. 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 COLLEGEDISTRICThas caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OFHARRISX This instrument was acknowledged before me on this _______ day of ______________________, 2020, byLouis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: BP Coastal Builders & Developers, LLC 133 N. Friendswood Dr., Suite # 273 Friendswood, Texas 77546 Suit No. 2004-23385Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item:YesNo 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 on0 S. Carroll Streeton the public resale list since 2014and has received a minimum bid from BP Coastal Builders & Developers, LLC in the amount of $13,450.00, which includes judgment value plus costs and post-judgment taxes. Currently, the property is vacant. At this time staff is asking the CityCouncil to pass a resolution to approve the sale of the property listed below for the amount that has been offered. 2012-401580 S. Carroll Street, La Porte, Texas 77571Offer $13,450.00 (cost + taxes) RECOMMENDED MOTION I move to approvea bid by BP Coastal Builders & Developersto acquire a tax resale property described as: Lots 21 and 22, Block 73, Bay Front Addition to the CityofLa Porte, according to the map or plat thereof filedinthe Real Property Records of Harris County, Texas. Account No. 006-163-000-0021, 006-163-000- 0042, 006-163-000-0043 and 006-163-000-0044. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate RESOLUTION 2020-17 THE STATE OF TEXAS§ §KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS,the City of La Porte, La Porte IndependentSchool 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 DistrictTaxing A onadgment identified as follows: Lots 21 & 22, Block 73, BayFront Addition to the Cityof La Porte, Harris County, Texas. Account No. 0061630000021, 0061630000042, 0061630000043, 0061630000044 WHEREAS,the Taxing Authorities remain unpaid after exhaustingall legal means to satisfy the collection of the delinquent taxes due and owing to theTaxing 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 saleonFebruary 4, 2014,theCity of La Porte, Trustee for itself and theother Taxing Authorities, now holds the property in trust to secure the payment of taxes, penalties, interest and costs owedto all Taxing Authorities participating in the foreclosure judgment; WHEREAS,the property held in trust by the City of La Porte, Trustee for itself andtheother 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 asataxable property; WHEREAS,theCity of La Porte has received an offer of $13,450.00to purchase the property from theBP Coastal Builders & Developers, LLC. NOW, THEREFORE, IT IS ORDEREDbythe City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porteandall the other Taxing Authorities, andas such they are hereby incorporated in full and made part of this Resolution; 2.Thatthe City of La Porteaccepts the tax resaleofferbyBP Coastal Builders & Developers, LLCand authorizes the Mayorof the City of La Porteto sign and execute the deed on behalf of the City of La Porteas Trustee for itself and the other Taxing Authorities,to transfer title to the entity submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____day of ______________,2020. Page 1of2 _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST:____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2of2 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 TEXASX XTAX RESALE DEED COUNTY OF HARRISX 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 COLLEGEDISTRICT, acting through itsduly elected officials Section 34.05 of the Texas Property Tax Code, for and in consideration ofthe sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BP COASTAL BUILDERS & DEVELOPERS, LLC RANTEE conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTORand 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. 2012-40158;La PorteISD, Et Al vs.Ethel Barde, Et Al,in th the157DistrictCourt of Harris County, said property described as follows: Lots 21 & 22, Block 73, BayFront Addition to the Cityof La Porte, Harris County, Texas. Account No. 0061630000021, 0061630000042, 0061630000043, 0061630000044 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 effectandshown 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 relateto the hereinabovedescribedproperty. 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,hisheirs 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 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. GRANTEEacknowledges and agreesthat this conveyance is expressly made without warranty. Taxes for the 2013 & 2014tax yearsand also the present taxyear are to be paid by GRANTEEherein. Suit No. 2012-40158Page 1 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 COLLEGEDISTRICThas caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OFHARRISX This instrument was acknowledged before me on this _______ day of ______________________, 2020, byLouis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: BP Coastal Builders & Developers, LLC 133 N. Friendswood Dr., Suite # 273 Friendswood, Texas 77546 Suit No. 2012-40158Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item:YesNo 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 th had the property located on606 N. 4Streeton the public resale list since 2014and has received a minimum bid from BP Coastal Builders & Developers, LLC in the amount of $22,000.00, 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. th 2012-62291606 N. 4Street, La Porte, Texas 77571Offer $22,000.00(cost + taxes) RECOMMENDED MOTION I move to approvea bid by BP Coastal Builders & Developersto acquire a tax resale property described as: Lots 1, 2 & 3, Block 105, in the Town ofLa Porte, according to the map or plat thereof filedin the Real Property Records of Harris County, Texas. Account No. 023-217-005-0001. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate RESOLUTION 2020-18 THE STATE OF TEXAS§ §KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS,the City of La Porte, La Porte IndependentSchool 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 DistrictTaxing A onadgment identified as follows: Lot 1, 2, & 3, Block 105, in the Town of La Porte, Harris County, Texas, according to the Map recorded in Volume 8, Page 16, Map Records of Harris County, Texas. Account No. 023-217-005- 0001 WHEREAS,the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to theTaxing 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 saleon July 1, 2014,theCity of La Porte, Trustee for itself and theother 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 andtheother Taxing Authorities,is exempt from taxation and it is in the bestinterest of the Taxing Authorities to have the property returned to the active tax roll asataxable property; WHEREAS,theCity of La Porte has received an offer of $22,000.00to purchase the property fromBP Coastal Builders & Developers, LLC. NOW,THEREFORE, IT IS ORDEREDbythe City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porteandall the other Taxing Authorities, andas such they are hereby incorporated in full and made part of this Resolution; 2.Thatthe City of La Porteaccepts the tax resaleofferbyBP Coastal Builders & Developers, LLC and authorizes the Mayorof the City of La Porteto sign and execute the deed on behalf of the City of La Porteas Trustee for itself and the other Taxing Authorities,to transfer title to the entitysubmitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____day of ______________,2020. Page 1of2 _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2of2 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 TEXASX XTAX RESALE DEED COUNTY OF HARRISX 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 COLLEGEDISTRICT, acting through itsduly elected officials Section 34.05 of the Texas Property Tax Code, for and in consideration ofthe sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BP COASTAL BUILDERS & DEVELOPERS, LLC RANTEE conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTORand 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. 2012-62291;City of La Porte, Et Al vs.Elizabeth Brough, Et th Al,in the 129DistrictCourt of Harris County, said property described as follows: LOTS 1, 2, & 3, BLOCK 105, IN THE TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED IN VOLUME 8, PAGE 16, MAP RECORDS OF HARRIS COUNTY, TEXAS. ACCOUNT NO.023-217-005-0001 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 effectandshown 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 relateto the hereinabovedescribedproperty. 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,hisheirs 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 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. GRANTEEacknowledges and agreesthat this conveyance is expressly made without warranty. Suit No. 2012-62291Page 1 Taxes for the 2013 and 2014 tax yearsand also the present taxyear are to be paid by GRANTEEherein. 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 COLLEGEDISTRICThas caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OFHARRISX This instrument was acknowledged before me on this _______ day of ______________________, 2020, byLouis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: BP Coastal Builders & Developers, LLC 133 N. Friendswood Dr., Suite # 273 Friendswood, Texas 77546 Suit No. 2012-62291Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item:YesNo 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 on0 S. Utah Avenueon the public resale listsince 2014and has received a minimum bid from BP Coastal Builders & Developers, LLC in the amount of $13,200.00, 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. 2013-066690 S. Utah Avenue, La Porte, Texas 77571Offer $13,200.00 (cost + taxes) RECOMMENDED MOTION I move to approvea bid by BP Coastal Builders & Developersto acquire a tax resale property described as: Lots 3 and 4, Block 67, Bay Front Addition to the Town ofLa Porte, according to the map or plat thereof filedinthe Real Property Records of Harris County, Texas. Account No. 006-157-000-0003. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate RESOLUTION 2020-19 THE STATE OF TEXAS§ §KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS,the City of La Porte, La Porte IndependentSchool 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 DistrictTaxing A onadgment identified as follows: Lots 3 & 4, Block 67,BayFront Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1Page 53, Map Records of Harris County, Texas. Account No. 0061570000003 WHEREAS,the Taxing Authorities remain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to theTaxing 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 saleonNovember 4, 2014,theCity of La Porte, Trustee for itself and theother 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 andtheother Taxing Authorities,is exempt from taxation and it is inthe best interest of the Taxing Authorities to have the property returned to the active tax roll asataxable property; WHEREAS,theCity of La Porte has received an offer of $13,200.00to purchase the property from theBP Coastal Builders & Developers, LLC. NOW, THEREFORE, IT IS ORDEREDbythe City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porteandall the other Taxing Authorities, andas such they are hereby incorporated in full and made part of this Resolution; 2.Thatthe City of La Porteaccepts the tax resaleofferbyBP Coastal Builders & Developers, LLCand authorizes the Mayorof the City of La Porteto sign and execute the deed on behalf of the City of La Porteas Trustee for itself and the other Taxing Authorities,to transfer title to the entity submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____day of ______________,2020. Page 1of2 _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2of2 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 TEXASX XTAX RESALE DEED COUNTY OF HARRISX 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 COLLEGEDISTRICT, acting through itsduly elected officials Section 34.05 of the Texas Property Tax Code, for and in consideration ofthe sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BP COASTAL BUILDERS & DEVELOPERS, LLC RANTEE conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTORand 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. 2013-06669;La PorteISD, Et Al vs. Irma Grote a/k/a Ima th Cihat Grote, Et Al,in the 269DistrictCourt of Harris County, said property described as follows: Lots 3&4, Block 67,BayFront Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume1Page 53, Map Records of Harris County, Texas. Account No. 0061570000003 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 effectandshown of record in the hereinabove mentioned county and state, andto 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 relateto the hereinabovedescribedproperty. 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,hisheirs 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. GRANTEEnvironmental 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. GRANTEEacknowledges and agreesthat this conveyance is expressly made without warranty. Suit No. 2013-06669Page 1 Taxes for the 2014tax year and also the present tax year are to be paid by GRANTEEherein. 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 COLLEGEDISTRICThas caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OFHARRISX This instrument was acknowledged before me on this _______ day of ______________________, 2020, byLouis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: BP Coastal Builders & Developers, LLC 133 N. Friendswood Dr., Suite # 273 Friendswood, Texas 77546 Suit No. 2013-06669Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Shelley Wolny, Treasurer Department:Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Resolution, Deed, Attorney Letter, Analysis, Bid & Map Budgeted Item:YesNo 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 on235 S. Holmes Streeton the public resale list since 2016 and has received a minimum bid from BP Coastal Builders & Developers, LLC in the amount of $12,750.00, 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. 2014-25245235 S. Holmes Street, La Porte, Texas 77571Offer $12,750.00 (cost + taxes) RECOMMENDED MOTION I move to approvea bid by BP Coastal Builders & Developersto acquire a tax resale property described as: Lots 17and 18, Block 73, Bay Front Addition to the Town ofLa Porte, according to the map or plat thereof filedinthe Real Property Records of Harris County, Texas. Account No. 006-163-000-0017. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate RESOLUTION 2020-20 THE STATE OF TEXAS§ §KNOWALL MEN BY THESE PRESENTS: COUNTY OF HARRIS§ RESOLUTION AND ORDER WHEREAS,the City of La Porte, La Porte IndependentSchool 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 DistrictTaxing A onadgment identified as follows: Lots 17 & 18, Block 73, BayFront Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas. Account No. 0061630000017 WHEREAS,the Taxing Authoritiesremain unpaid after exhausting all legal means to satisfy the collection of the delinquent taxes due and owing to theTaxing 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 saleonJanuary 5, 2016,theCity of La Porte, Trustee for itself and theother 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 andtheother 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 asataxable property; WHEREAS,theCity of La Porte has received an offer of $12,750.00to purchase the property from theBP Coastal Builders & Developers, LLC. NOW, THEREFORE, IT IS ORDEREDbythe City of La Porte: 1.That all of the above paragraphs are true, correct and in the best interest of the City of La Porteandall the other Taxing Authorities, andas such they are hereby incorporated in full andmade part of this Resolution; 2.Thatthe City of La Porteaccepts the tax resaleofferbyBP Coastal Builders & Developers, LLCand authorizes the Mayorof the City of La Porteto sign and execute the deed on behalf of the City of La Porteas Trustee for itself and the other Taxing Authorities,to transfer title to the entity submitting the offer to purchase the property. APPROVED, PASSED AND ORDERED this the _____day of ______________,2020. Page 1of2 _____________________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE ATTEST: ____________________________________ LEE WOODWARD, CITY SECRETARY CITY OF LA PORTE Page 2of2 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 TEXASX XTAX RESALE DEED COUNTY OF HARRISX 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 COLLEGEDISTRICT, acting through itsduly elected officials Section 34.05 of the Texas Property Tax Code, for and in consideration ofthe sum TEN DOLLARS($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by BP COASTAL BUILDERS & DEVELOPERS, LLC RANTEE conveyed and does hereby convey unto said GRANTEEall of the right, title and interest of GRANTORand 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. 2014-25245;La PorteISD, Et Al vs.Jeanette LaFosseEt Al, th in the 295DistrictCourt of Harris County, said property described as follows: Lots 17&18, Block 73,BayFront Addition to the Town of La Porte, according to the map or plat thereof recorded in Volume 1, Page 27, Map Records of Harris County, Texas. Account No. 0061630000017 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 effectandshown 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 relateto the hereinabovedescribedproperty. 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,hisheirs 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 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. GRANTEEacknowledges and agreesthat this conveyance is expressly made without warranty. Suit No. 2014-25245Page 1 Taxes for the 2015& 2016 tax yearsand also the present taxyear are to be paid by GRANTEEherein. 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 COLLEGEDISTRICThas caused these presents to be executed this ______ day of ____________________, 2020. CITY OF LA PORTE, TRUSTEE By: _____________________________________ LOUIS R. RIGBY, MAYOR CITY OF LA PORTE STATE OF TEXASX COUNTY OFHARRISX This instrument was acknowledged before me on this _______ day of ______________________, 2020, byLouis R. Rigby, Mayor of the City of La Porte. _______________________________________ Printed Name: ___________________________ Notary Public, State of Texas My Commission Expires: __________________. After recording return to: BP Coastal Builders & Developers, LLC 133 N. Friendswood Dr., Suite # 273 Friendswood, Texas 77546 Suit No. 2014-25245Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Requested By:Ian Clowes, City Planner Source of Funds:N/A Department:Planning & Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance2020-3793, P&Zletter of Budgeted Item:YesNo recommendation,Aerial map,Zoning map,Future Land Use map, Citizen Comment Sheets, and Applicant information SUMMARY Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner,is seekingapproval of a Zone Change from the HighDensity Residential (R-3) zoning districtto the Planned Unit Development (PUD) zoning district. The subject propertyis located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as the East-16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave.rights-of-way.This is the vacant proper and SPORT Building on Broadway Street. Currently, the property is undeveloped.The applicant would like to develop the site for a residential duplex development. Under the current zoning of R-3, the applicant has the legal right to develop any type of residential use on the site including zero lot line and duplex development. The applicant is requesting the zone change, along with a proposed SCUP, in order to facilitate a number of possible conditions and variances. These variances dealmostly with lot size, setbacks, and driveway separation. The Planning &Zoning Commission, at their May 21, 2020,regular meeting,voted on a motion to table the proposed zone change. The motion was made in response to a number of concerns that were voiced by neighboring property owners regarding the number of proposed lots and driveways that would front Oregon Street. The Planning &Zoning Commission asked the applicant to look at the possibility of reducing the number of lots on OregonStreetand limit the type of units on Oregon to one-story standalone single family. The vote was 6-0, and the item was tabled. The item was placed on the agenda ofthe June 18, 2020 regularPlanning & Zoning Commissionmeeting. The applicant amended the proposal, limiting the homes on Oregon Streetto one-story but not reducing the number of proposed lots along Oregon. The Planning & Zoning Commission voted on a motion to deny the zone change as submitted. The vote was 5-3, and the motion to DENY passed.Commissioners Kendrick, Walter, and Barrerawere the dissenting votes. Chairman Lawlerabstained from the vote.TheCommission discussion focused on a desire to see standalone single family along Oregon Streetwith a reduced number of driveways. The applicant has since amended their plan for a third time, reducing the number of new lots along Oregon Streetto four (4) and has committed to constructing standalone Per Sec. 106-171.(8)Vote tooverrule.-fourths of the CityCouncil is required tooverrulea recommendation of the CityPlanning & Zoning Commission that a proposed change to this chapter or boundary be denied. City Council approval of the proposed zone change will require seven (7) affirmative votes. Staff mailedtwenty three(23)public noticesto property owners located within 200 feet of the subject property.Staffreceivedthree (3)returned comment sheets for the proposed zone change, all inopposition to therequest. RECOMMENDED MOTION Should the Council wish to uphold motion could be as follows: the application for zone change request #20-92000001, for a 5.498-acre tract of land located at the 1300 Blocks of SouthBroadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. Should the Council wish to approvethe request (not to follow the Planning and Zoning I move that the Council adopt Ordinance 2020-3793for zone change request #20- 92000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29& Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. Approved for City Council Agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. 2020-3793 AN ORDINANCE AMENDING CHAPTER 106 ORDINANCESOF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A5.798-ACRETRACT OF LANDLOCATEDAT THE 1300 BLOCKSOFSOUTHBROADWAY AND OREGON STREETSAND LEGALLY DESCRIBED AS THE EAST-16, LOTS 17-32, & ABANDONED ALLEY, BLOCK 1159, LOTS 4-29 & TRACTS 3A & 30A, BLOCK 1160, LA PORTE SUBDIVISION, LOT 5, BLOCK 19, SYLVAN BEACH SUBDIVISIONS AND A PORTION OF THE EAST L ST. AND TEXAS AVERIGHTS-OF-WAY,FROM HIGH DENSITY RESIDENTIAL (R-3) TO PLANNED UNIT DEVELOPMENT (PUD);MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1.changing the zoning classification of the following described property, to wit: a5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets. and legally described as the East -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave rights-of-way, Harris County, Texas, from High Density Residential (R-3) to Planned Unit Development (PUD). Section 2. Allordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly properties under consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this ordinance as amendments thereto are desirable and in furtherance of the goals Section 8. This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this, the 13day of July, 2020. CITY OFLA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED: ______________________________________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director June 19, 2020 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #20-92000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the May 21, 2020 meeting on a zone change request by Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner; for a zone change of property legally described as the -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave,from High Density Residential (R-3) to Planned Unit Development (PUD). The site is a 5.798 acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets. The Commission voted 6-0 on a motion to TABLE. The item was brought back to the commission on June 18, 2020. The Commission voted 5-3 on a motion to recommend DENIAL. The motion passed, resulting in a recommendation to DENY the proposed zone change. Commissioners Kendrick, Walter, and Barrera were the dissenting votes. Chairman Lawler abstained from the vote. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov AREA MAP Zone Change L #20-92000001 Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT ZONING MAP Zone Change L #20-92000001 1300 Block .Broadway Legend GC Subject Parcel GC R-3 R-3 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT FLUP MAP COM MHDR Zone Change L #20-92000001 1300 Block .Broadway Legend PI Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Source of Funds:N/A Requested By:Ian Clowes, City Planner Department:Planning and Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance 2020-3794,Proposed SCUP, P&Zletter Budgeted Item:YesNo of recommendation,Aerial map,Zoning map,Citizen Comment Sheets,andApplicant information SUMMARY Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner;is seeking approval of a SCUP(Special Conditional Use Permit)to allow for azero lot line/duplex residential development located at the 1300 Blocks of SouthBroadway and Oregon Streets and legally described as the East-16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way; City of La Porte, Harris County, Texas.This is the vacant Building on Broadway Street. Currently, the property is undeveloped.The applicant would like to develop the site for a residential duplex development. The site is in the process of being rezoned to Planned Unit Development (PUD). Under the previous zoning of R-3, the applicant had the legal right to develop any type of residential use on the site including zero lot line and duplex development. The applicant is requestingthe zone change, in conjunction with this proposed SCUP, in order to facilitate a number of possible conditions and variances. These variances dealmostly with lot size, setbacks, and driveway separation. The Planning &Zoning Commission, at their May 21, 2020,regular meeting,voted on a motion to table the proposed zone change. The motion was made in response to a number of concerns that were voiced by neighboring property owners regarding the number of proposed lots and driveways that would front Oregon Street. The Planning &Zoning Commission asked the applicant to look at the possibility of reducing the number of lots on OregonStreetand limit the type of units on Oregon to one-story standalone single family. The vote was 6-0, and the item was tabled. Due to the fact that the zone change was tabled, no action was taken on the SCUP at that time. Thepublic hearing for this SCUP request was held atthe June 18, 2020 Planning & Zoning Commission regular meeting. The applicant amended the proposal, limiting the homes on Oregon Streetto one-story but not reducing the number of proposed lots along Oregon. The Commission voted on a motion to deny the SCUP as submitted. The vote was 5-3, and the motion to DENY passed. Commissioners Kendrick, Walter, and Barrera were the dissenting votes. Chairman Lawler abstained from the vote. Planning & Zoning Commission discussion focused on a desire to see standalone single family along Oregon Streetwith a reduced number of driveways. The applicant has since amended their plan for a third time, reducing the number of new lots along Oregon Streetto four (4) and has committed to constructing standalone . A list of eleven (11)conditions of approvalhas been provided based on staff and Commission input.Should the City Council choose to approve the SCUP request, staff recommends the finalSCUP documentbe approved with the following conditions: 1.A site development plan shall be submitted, if necessary, in accordance with Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.The underlying zoning is Mid Density Residential. All R-2 zoning and development requirements will need to be met, outside of any conditions listed below. 3.Permitted use is limited to residential zero lot line, duplex or standalone single family. No other uses are permitted. 4.For lots facing Oregon St., the minimum lot area shall be 6,000 square feet 5.For all lots not fronting Oregon St., the minimum lot area shall be 3,000 square feet, with a minimum lot width of 30 feet. 6.Minimum setbacksshall be as follows: a.Front b.Rear c.Side d.Minimum distance between primary structures 7.Maximum height of any structure shall be 35 feet. 8.Maximum dwelling units per acre shall be 8 with a maximum lot coverage of 60%. 9.Minimum distance between driveways shall be 2 feet with a minimum of 1 foot distance between side property lines and each driveway. 10.All necessary documentation for building permit review must be submitted in conjunction with the ci building improvements. 11.Any substantive modifications to this Special Conditional Use Permit will require nances. Per Sec. 106-171.(8)Vote tooverrule.-fourths of the city council is required tooverrulea recommendation of the city planning and City Council approval of the proposed zone change will require seven (7) affirmative votes. Staff mailedtwenty three (23)public noticesto property owners located within 200 feet of the subject property. Staffreceived three (3)returned comment sheets for the proposed SCUP, all in opposition to the request. RECOMMENDED MOTION Should the Council wish to upholddenial, a motion could be as follows: denialof the application for Special Conditional Use Permit (SCUP) #20-91000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. Should the Council wish to approvethe request (not to follow the Planning and Zoning ,a motion could be as follows: I move that the Council approveOrdinance 2020-3794for Special Conditional Use Permit (SCUP) #20-91000001, for a 5.798-acre tract of land located at the 1300 Blocks of South Broadway and Oregon Streets, and legally described as the E -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. 2020-3794 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OFLA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TOAS THE ZONING ORDINANCE OF THE CITY OFLA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 20-91000001, TO ALLOW FOR AZERO LOT LINE SINGLE FAMILY DEVELOPMENT TO LOCATE IN THE PLANNED UNIT DEVELOPMENT (PUD)ZONING DISTRCT, ON 5.798 ACRES OF LAND LOCATED AT THE 1300 BLOCKS OF SOUTH BROADWAY AND OREGON STREETS AND LEGALLY DESCRIBED AS THE EAST -16, LOTS 17-32, & ABANDONED ALLEY, BLOCK 1159, LOTS 4-29 & TRACTS 3A & 30A, BLOCK 1160, LA PORTE SUBDIVISION, LOT 5, BLOCK 19, SYLVAN BEACH SUBDIVISIONS AND A PORTION OF THE EAST L ST. AND TEXAS AVE. RIGHTS- OF-WAY; CITY OF LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFLA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #20-91000001 attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a zero lot line single family residential development to locate on a 5.798 acre tract of land located at the 1300 Blocks of South Broadway and Oregon, and legally described as the East -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4- 29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. rights-of-way; City of La Porte, Harris County, Texas, and situated within the Planned Unit Development (PUD) zoning district. Section 2.All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or partof this ordinance be held unconstitutional, illegal, or invalid, or the application toany person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall inno way affect, impair or invalidate the remaining portions thereof; but asto such remaining portion or portions, the same shall beand remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter551, TX. Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City ofLa Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City ofLa Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City ofLa Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable andin furtherance of the goals and objectives stated in the City ofLa Comprehensive Plan. Section 7.This ordinance shall be effective after its passage and approval. th PASSED AND APPROVED this, the 13 day of July, 2020. CITY OFLA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED: ______________________________________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney City ofLaPorte Special Conditional Use Permit #20-91000001 This permit is issued to: Charles Anders, Bayway Homes Inc. Owner or Agent PO Box 1244, Friendswood, TX 77549 Address For Development of: Sylvan Beach Enclave - Residential Duplex Development Development Name 1300 Block of S. Broadway St. Address Legal Description: 5.798 acre tract of land legally described as East -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivision and a portion of the East L St. and Texas Ave. rights-of-way, Harris County, TX ____ Zoning: PUD, Planned Unit Development_________________________________ Use: Residential Duplex Development Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which Project development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable all provisions of Chapter department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2. The underlying zoning is Mid Density Residential. All R-2 zoning and development requirements will need to be met, outside of any conditions listed below. 3. Permitted use is limited to residential zero lot line, duplex or standalone single family. No other uses are permitted. 4. For lots facing Oregon St., the minimum lot area shall be 6,000 square feet with, with a 5. For all lots not fronting Oregon St., the minimum lot area shall be 3,000 square feet, with a minimum lot width of 30 feet. 6. Minimum setbacks shall be as follows: a. Front b. Rear c. Side sides abutting public right of way) d. Minimum distance between primary structures 7. Maximum height of any structure shall be 35 feet. 8. Maximum dwelling units per acre shall be 8 with a maximum lot coverage of 60%. 9. Minimum distance between driveways shall be 2 feet with a minimum of 1 foot distance between side property lines and each driveway. 10. All necessary documentation for building permit review must be submitted in building improvements. 11. Any substantive modifications to this Special Conditional Use Permit will require an of Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City ofLa Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Teresa Evans City Secretary Director of Planning and Development City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director June 19, 2020 Honorable Mayor Rigby and City Council City of La Porte RE: SCUP Request #20-91000001 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the June 18, 2020 meeting to hear a Special Conditional Use Permit (SCUP) request by Charles Anders, applicant, on behalf of Bayway Homes and Jack McCoy, owner; for a Special Conditional Use Permit to allow for a zero lot line/duplex residential development in the Planned Unit Development (PUD) zoning located at the 1300 Blocks of South Broadway and Oregon Streets., and legally described as the -16, Lots 17-32, & Abandoned alley, Block 1159, Lots 4-29 & Tracts 3A & 30A, Block 1160, La Porte Subdivision, Lot 5, Block 19, Sylvan Beach Subdivisions and a portion of the East L St. and Texas Ave. The Commission voted 5-3 to recommend denial of the proposed SCUP. Commissioners Kendrick, Walter, and Barrera were the dissenting votes. Chairman Lawler recused himself. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov AREA MAP SCUP L #20-91000001 1300 Block .Broadway Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT ZONING MAP SCUP L #20-91000001 1300 Block .Broadway Legend GC Subject Parcel GC R-3 R-3 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT FLUP MAP COM MHDR SCUP L #20-91000001 1300 Block .Broadway Legend PI Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 107 feet MAY 2020 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By:Mayor Louis R. Rigby Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Ordinance2020-3792 Budgeted Item:YesNo SUMMARY & RECOMMENDATION , for which canvassing will not occur before mid-November, at the soonest. However, the current Mayor Pro Tem would like the next Mayor Pro Tem to have an opportunity to serve a full year, if possible, and at the City . Section 2.08 of the City Charter provides that at the first meeting of the City Council after canvassing the general election, City Council shall select one of its members to serve as Mayor Pro Tem for a one-year term or until a successor is appointed and has qualified. If a vacancy occurs in the office of Mayor, or in the case of absence or disability, the Mayor ProTem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume the duties of the office. The City the Councilpersons have joined the Council. Councilperson Steve Gillett was elected to the Council in December 2018, and Councilperson At-Large Position A Brandon Lunsford and Councilperson District 4 Thomas Garza were elected in May 2019. IthasbeentheCity ordinance naming the member elected. ACTION REQUIRED BY COUNCIL I move tonominate_____________________________ to serve as the City and adoption of Ordinance 2020-3792in support of same. \[A nomination does not require a second.\] ORDINANCE NO. 2020-3792 AN ORDINANCE PROVIDING FOR THE ELECTION OF A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PROTEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JULY13, 2020, THROUGH NOVEMBER 31, 2020, OR UNTIL A SUCCESSOR HAS BEEN APPOINTED AND HAS QUALIFIED; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1.The City Council of the City of La Porte hereby elects_________________ _____________________to serve as Mayor ProTem of the City of La Porte, Texas,for the period July13, 2020, throughNovember31, 2020, or until asuccessor hasbeen appointed and has qualified. Section 2.The Mayor ProTem shall serve in such office during said term, and pursuant to the Charter of the City of La Porte shall during the vacancy, absence or disability of the Mayor have all powers and duties of the Mayor of the City of La Porte during such vacancy, absence ordisability of the Mayor. The Mayor ProTem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume his duties of office, as the case may be. Section 3.The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4.Thisordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED AND APPROVED this,the13day of July 2020. CITY OF LA PORTE, TEXAS ____________________________________ Louis R. Rigby,Mayor ATTEST:APPROVED AS TO FORM: ____________________________________________________________________ Lee Woodward, City SecretaryClark T. Askins,Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Requested By:Bill Bentley, Mayor Pro Tem Source of Funds:N/A Department:City Council Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance Budgeted Item:YesNo SUMMARY On October 1, 1978, the City of La Porte entered into a 40-year agreement with the Fairmont Park West Community Improvement Association (HOA) for the lease/rent of the park & swimming pool property located at Oakmont Drive, Rustic Gate Road, and Cedarmont Drive in the Fairmont Park West subdivision (9801 Rustic Gate). The HOA paid $40 in advance ($1 per year for the 40-year agreement) for the right to operate and maintain the park and pool property. This agreement expired on September 30, 2018. Last year, the City Council renewed a new agreement with the Fairmont Park West HOA for a seven-month period, which ended on December 31, 2019. According Mayor Pro Tem Bill Bentley and Councilmembers Nancy Ojeda& Brandon Lunsford have requested this item to be on the July 13, 2020 City Council agenda for a consideration, presentation and discussion of a request by them to designate the City- owned property located at 9801 Rustic Gate (also known as Fairmont Park West park and pool) as a City park. A neighborhood parks is defined as a park withtypically 3-10 acres and serve a 0.25 to 0.50 mile radius. The Fairmont Park Westpark is somewhat similar to Brookglen, which is also a Neighborhood Park. Community Parks are bigger, with more amenities, and serve a larger radius; therefore, the recommendation from staff would be to designate this location as a Neighborhood Park, which would have the same hours as the other neighborhood parks, 7am to 9:30pm. RECOMMENDED MOTION I move to approve Ordinance 2020-3795that designates the City-owned property located at 9801 Rustic Gate as a Neighborhood City park, with the hours of 7am to 9:30pm. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. 2020-3795 AN ORDINANCE DEDICATING A 1.162 ACRE TRACT OF LAND LOCATED AT 9801 RUSTIC GATE AS A PUBLIC PARK, TO BE KNOWN AS FAIRMONT PARK WEST PARK, AND AMENDING ORDINANCES OF THE CITY OF LA PORTE TO ADD TO THE CITY PARK SYSTEM AND ESTABLISH HOURS OF OPERATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1:The property generally located at 9801 Rustic Gate, La Porte, Texas,and legally described as indicated below,ishereby dedicated as a public park and shall hereinafter be known as Fairmont Park West Park: That certain lot, tract, or parcel of land, known as "Reserve 'A'," containing 1.162 acres, more or less, as shown on the Plat of Section Three (3), FAIRMONT PARK WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County, Texas, reference to which is here made for all purposes. Section 2:That In GeneralSection 50- of the Code of Ordinances, La Porte, Texas, is hereby amended and shall hereinafter readas follows: -2.-Parks and park areas defined. The parks, park areas, park related facilities, and rental facilities which comprise the City of La Porte Parks System are listed below and their location within the city established. (1) Parks, neighborhood: Name of Park Location th 500 North 14 Fourteenth St. Park Street Bay Oaks Park 254 Dwire Brookglen Park 3324 Somerton Creekmont Park 700 Willow Creek 200800 North "D" Street Linear Park "D" Street Glen Meadows Park 5100 Valley Brook Ohio St. Park 300 South Ohio Pete Gilliam Park 200 North Holmes Pfeiffer Park 900 South Virginia 1322 Bayshore Seabreeze Park Drive Spenwick Park 19225 Carlow Tom Brown Park 300 South Lobit Wood Falls Park 3800 Driftwood Fairmont Park West Park9801 Rustic Gate (2) Parks, community: Name of Park Location Central Park 618 San Jacinto Fairmont Park 3540 Farrington th 322 North 4 Northside Park Street (3) Parks, regional: Name of Park Location Five Points Town Plaza 101 S. Broadway @ Main Street Little Cedar Bayou Park 600 South Little Cedar Bayou Drive Lomax Park 1508 Lomax School Road Northwest Park 10200 North "P" Street Pecan Park 3600 Canada Road (4) Park related and rental facilities: Name of Park Location Brookglen Recreation Center 3324 Somerton th Charles Walker Annex 322 North 4 Street Evelyn Kennedy Civic Center 618 San Jacinto th Jennie Riley Recreation Center 322 North 4 Street La Porte Recreation and Fitness Center 1322 South Broadway La Porte Rodeo/Riding Arena 1508 Lomax School Road La Porte Special Programs Center 1320 South Broadway Lomax Community Center 1508 Lomax School Road Sylvan Beach Fishing Pier 812 North Bayshore Drive (5) Park areas defined.Park areas shall be defined as any City of La Porte property or grounds which are maintained by the parks and recreation department, including parkways, esplanades, subdivision entrances, and other areas which are under the control of the parks and recreation department. (6) Parks, park areas, park related facilities, rental facilities, additions. Future addition of dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by city council or placed under the control of the parks and recreation department by executive order; shall be subject to and be governed by the provisions described herein. Section 3:- is hereby amended and shall hereinafter readas follows: Sec. 50-18. -Establishing public hours of operation for park use generally. The City Council for the City of La Porte establishes hours of public operation for all city parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the city park system shall be open to, and be closed to the general public each day according to the schedule described herein. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. (1) Parks, neighborhood: Hours of Name of Park Operation 7:00 a.m.9:30 Fourteenth St. Park p.m. 7:00 a.m.9:30 Bay Oaks Park p.m. 7:00 a.m.9:30 Brookglen Park p.m. 7:00 a.m.9:30 Creekmont Park p.m. 7:00 a.m.9:30 "D" Street Linear Park p.m. 7:00 a.m.9:30 Glen Meadows Park p.m. 7:00 a.m.9:30 Ohio St. Park p.m. 7:00 a.m.9:30 Pete Gilliam Park p.m. 7:00 a.m.9:30 Pfeiffer Park p.m. 7:00 a.m.9:30 Seabreeze Park p.m. 7:00 a.m.9:30 Spenwick Park p.m. 7:00 a.m.9:30 Tom Brown Park p.m. 7:00 a.m.9:30 Wood Falls Park p.m. 7:00 a.m.9:30 Fairmont Park West Park p.m. (2) Parks, community: Name of Park Hours of Operation Central Park 7:00 a.m.10:00 p.m. Fairmont Park 7:00 a.m.10:00 p.m. Northside Park 7:00 a.m.10:00 p.m. (3) Parks, regional: Name of Park Hours of Operation Five Points Town Plaza 7:00 a.m.11:00 p.m. Little Cedar Bayou Park 7:00 a.m.11:00 p.m. Lomax Park 7:00 a.m.11:00 p.m. Northwest Park 7:00 a.m.11:00 p.m. Pecan Park 7:00 a.m.11:00 p.m. (4) Park Related and Rental Facilities: Name of Facility Hours of Operation Brookglen Recreation Center Daily as scheduled, except Sunday Charles Walker Annex Daily as scheduled, except Sunday Evelyn Kennedy Civic Center Daily as scheduled, except Sunday Jennie Riley Recreation Center Daily as scheduled, except Sunday MondayFriday La Porte Recreation and Fitness Center* 5:30 a.m.9:00 p.m. Saturday and Holidays Open* 10:00 a.m.6:00 p.m. Sundays 1:00 p.m.6:00 p.m. La Porte Rodeo/Riding Arena** 7:00 a.m.11:00 p.m. La Porte Special Programs Center Daily as scheduled, except Sunday Sylvan Beach Fishing Pier*** 5:00 a.m.11:00 p.m. *The La Porte Recreation & Fitness Center is closed to the public on the following holidays -Christmas Eve Day, Christmas Day, Thanksgiving Day, Easter Sunday, and New Year's Day. **The Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. ***The Sylvan Beach Fishing Pier may remain open 24 hours per day during certain fishing days as determined by the concessionaire, per agreement between the City of La Porte and the concessionaire. Section 3:All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative ofother ordinances regulating and governing the subject matter covered by this ordinance. Section 4:Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5.The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. 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 andthe contents and posting thereof. Section 6.This Ordinance shall be effective immediately upon passage its passage and approval. PASSED AND APPROVED this the13thday ofJULY 2020. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 13, 2020 Requested By:Source of Funds:N/A Corby Alexander, City Mgr. Department: Administration/CMO Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Policy Budgeted Item:YesNo SUMMARY On July 2, 2020, Governor Abbott issued Executive Order GA-29 requiring everyone to wear a face covering when inside a commercial entity, building or space open to the public, or when in an outdoor public space, wherever it is not feasible to maintain six (6) feet of social distancing. In order to protect the health and welfare of all individuals while in City buildings and facilities during times of active viral illness that are spread person to person, staff has developed the attached policy in regards to the use of facial coverings for individuals in City buildings and facilities. This policy is to provide guidance regarding the required use of face coverings for employees, elected officials, appointed board and commission members, vendors, customers, and other individuals on City property. Staff request City Council to review the requested policy with any deemednecessary changes and approve the policy to be effective immediately. RECOMMENDED MOTION I move toapprove the City of La Porte policy regarding the use of facial coverings for individuals in City buildings and facilities. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate CITY OF LA PORTE POLICIES/PROCEDURES MANUAL Date:July 13, 2020Revised: Approved: Subject:Use of facial coverings for individuals in City buildings Responsible Agency: Policy Objective:To protect the health and welfare of all individuals while in City buildings during times of active viral illnesses that are spread person to person. Authority:City Manager Purpose To provide guidance regarding the required use of face coverings for employees, elected officials, appointed board and commission members, vendors, customers, and other individuals on City property. Policy Because the COVID-19 virus and other similar illnesses pass from person to person undetected, the following requirements apply to all individuals on City propertywhen this policy is in effect: All individuals over the age of ten (10)must wear a face covering over their mouth and nose. Acceptable face coverings include surgical masks, cloth masks, handkerchiefs,scarves, bandanas, clear face shields, or other coverings that provide a physical barrier limiting the spread of respiratory droplets. Instances where the requirementto wear a face covering may be lifted include the following: When the individual is at an outdoor City facility where social distancing is easily maintained from people not in theirhousehold. This may include, but is not limited to, City parks, trails, pools, playgroundsand any other outdoor areas. When the individual is working in a City office alone. If another individual enters the office or area, a face covering must be worn. If an individual leaves that space and enters aspace where social distancing will be unguaranteed (hallway, breakroom, etc.), a face covering must be worn. 1 When the individual isalone while operating apersonally owned or City owned or leased vehicle or piece of equipment while carrying out City-related business. Individuals riding together in a vehicle must wear face coverings. Steps should be taken to limit the frequency and duration of sharing a vehicle as much as operationally feasible. When the individual has a medical condition or disability that prevents the wearing of a face covering. When the individual is consuming food or drink. When the individual is obtaining a service that requires temporary removal of the face covering for security surveillance, screening, but only to the extent necessary for the temporary removal. When the individual is in a swimming pool. When the individual is voting, assisting a voter, serving as a poll watcher, or actively administering an election, but wearing a face mask is strongly encouraged. When the individual is actively providing or obtaining access to religious worship, but wearing a face covering is strongly encouraged. When the individual is giving a speech for broadcast or to an audience. The requirement of the use of face coverings is not intended to lessen the practice of other risk mitigation steps for individuals on City property. While on City property, all individuals areencouraged to: Practice social distancing by maintaining six (6)feet of distance between yourself and others. Practice good hygiene to prevent the spread of viruses by washing hands frequently with soap and water. In the absence of soap and water use hand sanitizer with at least a 60% alcohol content level. Avoid touching your eyes, nose, and mouth as much as possible. Avoid crowds and large gatherings, especially indoors. If you are experiencing symptoms of active viruses, stay home as much as possible. Do not enter City property if you are sick, or suspect you may be sick. Enforcement This policy runs concurrent with any pandemic emergency declarations issued by City, County, or State officials. 2 Violations of this policy may include the following: Employeesdisciplinary action in accordance with other applicable City policies and procedures. Non-employees willbe requested to vacate the property until they are in compliance with the policy Definitions City propertyany building, structure, or land owned by the City of La Porte. For purposes of this policy, there is a differentiation between buildings and facilities. Buildingsenclosed structures with walls and a roof. Examples include but are not limited City Hall, Municipal Court, Recreation and Fitness Center. Facilitiesoutdoor spaces and unenclosed structures. Examples include,butare not limited to, parks, walking trails, pools, covered pavilions, and playgrounds. Social distancingthe practice of avoiding close proximity with other individuals as measured by maintaining at least six(6)feet of distancebetween yourself and others. 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July13, 2020 Source of Funds: Requested By: Shelley Wolny, Treasurer Department: Finance Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Budget Calendar Budgeted Item:YesNo SUMMARY Local Government Code, City Council shall determine the place and time of the Public Hearing on the proposed budget, andshall cause to be published a Notice of the place and time. Not less than ten (10) days after date of publication, City Council will hold a Public Hearing on the proposed budget. Staff is recommending that a Public Hearing for the Fiscal Year 2020-2021 Proposed Budget be held on Monday, September 14, 2020, at a regular called meeting of the La Porte City Council to begin at 6:00 p.m. RECOMMENDED MOTION Consider and discussapproval of the recommended date for the Public Hearing Fiscal Year2020-2021Proposed Budget to be conducted on September 14, 2020 at 6pm in the City of La Porte Council Chambers located at 604 W. Fairmont Parkway, La Porte, Texas 77571. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate BUDGET CALENDAR FY 2020-2021 DAY DATE ACTIVITY Saturday May 9 Pre-Budget Workshop with Council **Monday April 20 Budget Kickoff – Initial Discussion and Packet Distribution Begin Departmental Input of 2019-2020 Estimates (Level 150) Begin Departmental Input of 2020-2021 Projections (Level 200) Friday May 1 Overtime Projections due from Divisions for FY 2019 Estimates and FY 2020 Projections Friday May 15 Complete Departmental Input of 2019-2020 Estimates (Level 150) Complete Departmental Input of 2020-2021 Projections (Level 200) Revenue Estimates and Projections due to Finance Goals, Objectives and Performance Measures due to Finance Friday May 29 Proposed budgets to City Manager (Revenues & Expenditures) Week June 8-12 City Manager review with Departments Thursday June 18 Final Revenue Estimates Prepared Friday July 3 Budget review compilations completed by City Manager Monday July 13 City Council to determine place and time of Public Hearing Monday Jul 27 City Manager sends City Council Proposed Budget Monday Aug 10 City Council to decide on dates of Public Hearings on tax rate (if needed) 15 days Week Aug 10-12 City Manager Budget Workshops with Council 30 days* 10 days Thursday Sept 3 Post Notice of Public Hearing and Notice of Property Tax Revenue Increase Monday Sept 14 City Council Adopts Budget/Public Hearing Monday Sept 28 City Council Adopts Tax Rate– IF NOT ADOPTED WITH BUDGET *30 days prior to setting the tax levy. thth **Worksheets emailed to department heads remotely April 20and completed by Friday, May 15.