HomeMy WebLinkAbout05-24-21 Regular Meeting of the La Porte City Council
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds: N/A
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Economic Alliance presentation
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
As a part of our agreement, the Port Region Economic Alliance is to make an annual
presentation to the Economic Development Corporation and City Council. Due to
COVID-19, no presentation occurred in 2020; therefore, Chad Burke with the Economic
Alliance will present an update on their activities in the Port area and La Porte.
ACTION REQUIRED BY CITY COUNCIL
No action necessary.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
LOUIS R. RIGBY
CHUCK ENGELKEN
Mayor
Mayor Pro Tem, Councilperson District 2
BRANDON LUNSFORD
BILL BENTLEY
Councilmember At Large A
Councilmember District 3
BRENT Mc CAULLEY
THOMAS GARZA
Councilmember At Large B
Councilmember District 4
TREY KENDRICK
JAY MARTIN
Councilmember District 1
Councilmember District 5
ROBBIE MCLARRIN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
MAY 10, 2021
The City Council of the City of La Porte met in a regular meeting on Monday, May 10, 2021, at the City Hall Council
Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance:
Councilpersons present: Louis Rigby, Brandon Lunsford, Brent McCaulley, Chuck Engelken, Bill Bentley, Thomas
Garza (left at 6:01 p.m.), Jay Martin, Robbie McLarrin
Councilpersons attending remotely: None
Councilpersons absent: Trey Kendrick
Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins,
Assistant City Attorney, attended remotely
1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m.
to wear a mask during Council meetings. The Mayor reminded Councilperson Garza that he had the opportunity to
attend the meeting electronically and could go to his office in City Hall. The Mayor asked the Sergeant-at-Arms to
remove Councilperson Garza. ch he
termed as illegal. The motion did not receive a second and was not considered. Councilperson Garza left the room.
2. INVOCATION The invocation was given by Rev. Brian Christen, La Porte Community Church, and pledges were led
by Councilperson Jay Martin.
3.ELECTION MATTERS
a. Presentation, discussion, and possible action to adopt Ordinance 2021-3827 to canvass the results of
the May 1, 2021, general election for the purpose of electing a Mayor, a Councilperson-District 2, and a
Councilperson-District 3, and the special election for the purpose of adoption or rejection of proposed
amendments to the City of La Porte Charter. \[Louis R. Rigby, Mayor\]
Mayor Pro Tem Engelken moved the adoption of Ordinance 2021-3827 to canvass the results of the May 1, 2021,
general election for the purpose of electing a Mayor, a Councilperson-District 2, and a Councilperson-District 3, and
the special election for the purpose of adoption or rejection of proposed amendments to the City of La Porte Charter;
the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0.
b.Swear in newly elected Councilpersons. \[Louis R. Rigby, Mayor\]
City Secretary Lee Woodward swore in the newly elected Mayor Louis R. Rigby, Councilperson-District 2 Chuck
Engelken, and Councilperson-District 3 Bill Bentley. Mayor Rigby presented the certificates of election.
c. Presentation, discussion, and possible action to elect a Mayor Pro Tem. \[Louis R. Rigby, Mayor\]
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May 10, 2021, Council Meeting Minutes
Mayor Pro Tem Engelken nominated Councilperson Jay Martin; Councilperson McCaulley seconded the motion.
There were no additional nominations; the motion was adopted, 7-0.
4.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
a. Proclamation National Public Works Week \[Mayor Louis R. Rigby\]
b.Proclamation Emergency Medical Services Week \[Mayor Louis R. Rigby\]
c. Proclamation National Police Week \[Mayor Louis R. Rigby\]
5. 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.)
Thaddeus Fine spoke in support of the La Porte Police Department, in search of Memorial Day events, and in support
of H.B. 749 on lobbying.
6.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.)
Approve the minutes of the April 26, 2021, regular session and the April 6, 2021, special session of the La
a.
Porte City Council. \[Louis R. Rigby, Mayor
\]
b.Adopt Resolution 2021-43 authorizing the City Manager to accept and execute the TXDOT Click it or Ticket
(CIOT) grant award and other documents for the TCDOT Click It or Ticket STEP Grant. \[Steve Deardorff,
Chief\]
Councilperson Engelken moved to approve the consent agenda; the motion was seconded by Councilperson
Bentley; the motion was adopted, 7-0.
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
a.The City Council will hold a public hearing to receive comments regarding a recommendation by the
Planning and Zoning Commission to adopt Ordnance 2021-3822 amending the Code of Ordinances of the
City of LA Porte, Chapter l Use Permit #20-91000003, to allow
for a residential and commercial development to locate on a 56.7-acre tract of land, legally described as
Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and Tracts 5 & 5L,
Abstract 30, W. P. Harris Survey Subdivision in the Planned Unit Development (PUD) zoning district;
followed by discussion and possible action to consider adopting Ordinance 2021-3822 amending the Code
of Ordinances of the City of La Porte, Chapter 106 ranting Special Conditional Use Permit
#20-91000003 to allow for a mixed residential and commercial development to locate on a 56.7-acre tract of
land, legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter
Survey, and Tracts 5 and 5L, Abstract 30, W. P. Harris Survey Subdivision in the Planned Unit Development
(PUD) zoning districts. \[Teresa Evans, Director\]
Planning Director Teresa Evans provided an update on the project, following the TIRZ meeting and approval of a
development agreement for the same. Mayor Rigby opened the public hearing at 6:30 p.m. Alan Mueller, a
representative of Gromax Development and HistoryMaker Homes spoke in support of the amendments to the
SCUP. DeeAnne Thomson, HOA President, Lakes of Fairmont Green, asked a number of questions about, and
spoke in opposition to, aspects of the project. Maggie Anderson, HOA President, Baypointe Townhomes, spoke in
opposition to including any commercial development in the project. Mayor Rigby closed the public hearing at 7:12
p.m.
Mayor Pro Tem Martin moved to adopt Ordinance 2021-3822 approving amending the Code of Ordinances of the
-91000003, to allow for a
residential development only, with no commercial development permitted, to locate on a 56.7-acre tract of land,
legally described as Lots 1-33, Block 1267, La Porte Subdivision, Tract 1M, Abstract 35, J Hunter Survey, and
Tracts 5 and 5L, Abstract 30, W. P. Harris Survey Subdivision in the Planned Unit Development (PUD) zoning
district, with additional residential conditions that Townhouses shall have a minimum lot area of 1,870 sf, the
minimum lot area shall be 5,000sf, the minimum width shall be 40 feet and the number of dwelling units shall not
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May 10, 2021, Council Meeting Minutes
exceed 5.5 du/acre and uses shall be limited to single family detached only. The motion was seconded by
Councilperson McCaulley. Without objection, an amendment by Councilperson Bentley was accepted to require a
masonry wall on the project property along Wharton Weems. The motion, as amended, was adopted, 7-0.
8.REPORTS
Receive report on the Drainage and Flooding Committee meeting. \[Councilperson Jay Martin
a.\]
Mayor Pro Tem Martin announced the Committee received updates on Harris County Flood Control District projects
and that the Committee chose to meet again on June 14.
9.ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, May 20
City Council meeting, May 24
Zoning Board of Adjustments meeting, May 27
City Manager Corby Alexander introduced Lindsay French, who is overseeing Parks and Recreation and will be
restarting Senior programming, noting French has been successfully leading areas in Parks for a number of years.
10. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community
interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor,
Councilmembers, and City staff, for which no formal action will be discussed or taken.
Councilpersons congratulated the newly elected Mayor and Councilpersons and expressed their appreciation for those
who received proclamation recognition this evening; congratulated Mayor Pro Tem Martin on his election; expressed
appreciation to City staff for their expertise and work; and the Mayor mentioned that the recent Harris County Precinct
2 food distribution in La Porte he had volunteered at, noting how much it was needed and appreciated by residents.
ADJOURN Without objection, the Council adjourned at 7:34 p.m.
_______________________________
Lee Woodward, City Secretary
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May 10, 2021, Council Meeting Minutes
REQUEST FOR LA PORTE CITY COUNCIL
AGENDA ITEM
Appropriation
Agenda Date Requested: May 24,, 2021
Special Programs
Requested By: Corby D. Alexander Source of Funds:
Department: Administration/CMO
038-6030-565-9997
Account Number:
$135,000
Amount Budgeted:
Report Resolution Ordinance
N/A
Amount Requested:
Exhibits: New Amended Development Agreement,
Budgeted Item: Yes No
Redline Amended Development Agreement,&
Incentive Application
SUMMARY & RECOMMENDATION
The La Porte City Council (Council) has approved an original and amended & restated
development agreement related to the project at 100 W. Main Street. The applicant
Marion (Marty) and Vicki Campise have purchased the Main Street bank building
located at 100 W. Main Street.. The initial investment of the applicant was increased
from $500,000 to $700,000, with the total investment of $850,000, including land and
building at $150,000 and the total renovations. However, the development agreement
states the applicant must invest a minimum of $650,000 exclusive of the cost to
purchase the land and building.
On February 24th, the La Porte Development Corporation Board discussed the project
and approved to move forward with an incentive package for this project in an amount
not to exceed of $85,000. The development original agreement provided the below
benchmarks:
Total cash incentive of $85,000 with following payment schedule: two payments
of $40,000 and $45,000
o First payment of $40,000, within 30 days of substantial completion of
construction/ renovations. This payment is estimated to occur around
January 2021.
o Second payment of $45,000 when building is occupied with four (4) full-
time jobs (confirmed by documentation from each business stating such).
The applicant will be responsible for maintaining jobs 5 years after 2nd
payment. This payment is estimated to occur around June 2021.
Due to several delays in starting and performing the work, the applicant had not been
able to satisfy the requirements of the 1st benchmark. At the April 26, 2021 LPDC Board
and City Council meeting, the Board and Council approved an amended and restated
development agreement by extending the first benchmark to May 15, 2021.
Staff has been in close contact with the applicant. While, the applicant has been working
very diligently, at the time of this report it is unlikely that substantial completion will be
reach when commonly used
and understood term in the construction industry, which means the point where the
owner can occupy and/or use the project site for its intended purpose. Staff is
requesting a 60 day extension to both benchmark. Staff believes that the applicant is
very close and may reach substantial completion by the time of the meeting of City
Council. However, 60 days would be ample time to satisfy development agreement
requirements.
Staff is recommending Council approve the attached amended and restated
development agreement for the 100 W. Main Street project to include extending both
benchmark dates by 60 days as follows:
Total cash incentive of $85,000 with following payment schedule: two payments
of $40,000 and $45,000
o First payment of $40,000, within 30 days of substantial completion of
construction/ renovations. This payment is estimated to occur around July
15, 2021.
o Second payment of $45,000 when building is occupied with four (4) full-
time jobs (confirmed by documentation from each business stating such).
The applicant will be responsible for maintaining jobs 5 years after 2nd
payment. This payment is estimated to occur around August 31, 2021.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny an amended and restated economic development incentive
agreement between the La Porte Development Corporation, and Marion Campise
and Vicki Campise, for the use of Type B Development Corporation Sales Tax
Funds for refurbishment/renovation of the old bank building located at 100 W.
Main Street in La Porte, Texas.
Approved for the La Porte Development Corporation Board meeting agenda.
Corby D. Alexander, City Manager Date
AMENDED AND RESTATED ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN
THE LA PORTE DEVELOPMENT COPRPORATION, AND MARION CAMPISE AND VICKI
CAMPISE, FOR USE OF TYPE B DEVELOPMENT CORPORATION SALES TAX FUNDS
That AGREEMENT made by and entered into the 24th day of August 2020 between the La Porte
Development Corporation, a Type B non-profit corporation operating under authority of Texas Local
Government Code Chapters 501 and 505 Marion Campise, hereinafter
, is hereby amended and restated as follows:.
WITNESSETH:
WHEREAS, the voters of the City of La Porte authorized the levying of additional sales tax within
the City for promotion of economic development and the LPDC is authorized to use such tax revenues
for certain qualifying projects and other economic development related purposes; and
WHEREAS, Recipient is a Texas based commercial development company that specializes in
rehabilitating underutilized commercial buildings; and
WHEREAS, Recipient wishes to renovate the exterior and interior of a the building located at
100 West Main Street., and make associated site improvements, for the purpose of operating a mixed
use commercial and residential facility and which would 1) result in the expenditure by Recipient of an
estimated $650,000.00 in capital improvements; and 2) employ an estimated four (4) full time
personnel; and
WHEREAS, Recipient has requested that LPDC provide financial incentives to Recipient to
contribute towards the cost of renovation of the property at 100 West Main Street under a qualifying
project of the LPDC for infrastructure, site and related improvements, as authorized by Texas Local
Government Code Chapters 501 and 505, and it is the desire of LPDC to assist in the funding of same,
finding that such expenditures will promote or develop new or expanded business enterprises.
WHEREAS, Texas law and the by-laws of the LPDC require that certain expenditures and
projects by the LPDC be approved by the governing body of the City; and whereas the LPDC Board
has duly approved such project and the expenditures for same have been authorized by the La Porte
City Council; and
NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the
citizens of the City of La Porte, Texas, the parties have agreed and do hereby agree as follows:
ARTICLE I
1
In consideration of Recipientrenovating the existing structure at 100 West Main Street and
operating a mixed use commercial and residential facility at the subject site Building, which
proposal was considered in that certain public hearing authorizing a proposed project for the
expenditure of LPDC funds for the promotion or development of new or expanded business enterprises,
held before the LPDC on July 27, 2020, LPDC agrees to provide Recipient an incentive package
consisting of a cash payment in a total sum not to exceed $85,000.00, to be distributed in two
increments of $40,000 and $45,000.00 each, with each distribution conditioned on the attainment of
certain performance thresholds, more specifically outlined as follows:
1) A cash incentive payment in an amount equal to $40,000.00 will be distributed to
Recipient by LPDC, upon a) receipt by LPDC of proof of substantial completion of
renovation of the Building and b) proof of minimum capital investment in the amount of
$650,000.00 applied towards renovation of the Building and related infrastructure and
site work, exclusive of the cost to Recipient to purchase the existing real estate tract
and vacant building. However, in no case will the $40,000.00 payment be made by
LPDC if documentation substantiating 1) substantial completion of the renovation of
the Building and 2) the expenditure of no less than $650,000.00 applied towards capital
improvements to the Building is not delivered to and received by LPDC by July 15,
2021. In the case that proof of substantial completion of renovation of the Building and
minimum capital investment of $650,000.00 applied towards capital improvements to
the Building is presented to LPDC on or before said July 15, 2021 deadline, the LPDC
shall convene a meeting of the LPDC Board of Directors for a date no later than forty-
five (45) days after receipt of proof of substantial completion of the renovation of the
Building and minimum capital investment of $650,000.00 by LPDC from Recipient.
Upon verification of the substantial completion of the Building and minimum capital
investment of $650,000.00, as reflected by formal vote of the LPDC Board of Directors
that Recipient has satisfied the requirements of this paragraph, LPDC will then remit
the $40,000.00 to Recipient within a period not to exceed thirty (30) days.
In the case where Recipient fails to submit proof of substantial completion of renovation
of the Building and proof of a minimum capital investment in the amount of
$650,000.00 by the July 15, 2021 deadline, despite being disqualified for the incentive
payment Recipient will remain eligible to qualify for receipt of the $45,000.00 incentive
payment under Paragraph 2 below, in so far as the conditions precedent for permanent
employment of four positions is established in such paragraph is met. However, in such
case Recipient will be required to submit proof of substantial completion of renovation
of the Building in order to qualify for the incentive payments outlined in Paragraph 2
below.
2) A cash incentive payment in an amount equal to $45,000.00 will be distributed to
Recipient by LPDC upon delivery to the LPDC of a) an employment roster evidencing
that entities leasing space within the Building cumulatively employ a minimum of four
(4) full time employees at the Building site as of August 31, 2021. However, in no case
will the $45,000.00 payment be made by LPDC if proof of the employment of a
minimum of four (4) full time personnel as of August 31, 2021 is not delivered to and
received by LPDC by October 31, 2021. Proof of employment, for purposes of this
2
agreement, may be satisfied by submission to LPDC by the saidOctober31, 2021
deadline of a) copies of 941 Report to the Internal Revenue
Service and C3 Report to the Texas Workforce Commission for each employee (but
with social security numbers of each employee redacted) and b) a notarized statement
executed by Building site lessees affirming that a cumulative four (4) full time
employees are employed in positions permanently located at the Building site.
In the case that proof of employment of four (4) full-time personnel is presented to
LPDC on or before said October 31, 2021 deadline, the LPDC shall convene a meeting
of the LPDC Board of Directors for a date no later than forty-five (45) days after receipt
of proof of employment by lessees at the Building site by Recipient. Upon verification
of employment as reflected by formal vote of the LPDC Board of Directors, LPDC will
then remit the $45,000.00 to Recipient within a period not to exceed thirty (30) days.
In the event that Recipient qualifies for the $45,000.00 incentive installment based upon proof of
employment of four (4) full-time positions by lessees located at the Building site pursuant to Article 1,
Paragraph 2, above, then in such case Recipient shall be required to prove the continuous employment
by lessees at the Building site of a cumulative minimum of four (4) full-time positions, for a continuous
five (5) year period. At the conclusion of each calendar year during such five (5) year period, beginning
on December 31, 2021, through and including December 31, 2025, Recipient shall be required to
submit to the LPDC proof of employment of a minimum of four (4) full-time positions at the Building
site, in the manner required under Article 1, Paragraph 2, above. Should Recipient fail to provide proof
of the employment of four (4) full-time employees at the end of a calendar year, then for that year
Recipient shall be responsible for remitting to the LPDC the sum of $17,000.00 representing recapture
out of the previously awarded $85,000.00 incentive paid under this Agreement. However, in the
instance that Recipient provides proof of employment of a minimum of four (4) full-time positions at the
end of a calendar year, Recipient shall be relieved from the obligation to remit to the LPDC $17,000.00
recapture for that year.
If Recipient fails to qualify for the $40,000 incentive installment provided for in Article I, Paragraph 1
but qualifies for payment of the $45,000.00 payment under Article 1, Paragraph 2, then in that case the
obligations of Recipient to maintain the continuous employment of four (4) full-time personnel at the
Building site shall continue to apply, but in the case of failure to maintain employment of four (4) full-
time employees at the Building site shall subject Recipient to the requirement to remit to the LPDC
$9000.00 as recapture out of the previously awarded $45,000 incentive paid under this Agreement,
instead of $17,000.00.
ARTICLE II
All funds received as herein provided shall be solely for the purpose of contributing towards
Recipient in the renovation of the exterior and interior of the building located at 100 West Main
Street and for the making of associated site and infrastructure improvements, to operate a mixed-use
commercial and residential facility. Recipient further acknowledges that the incentive grant provided for
herein is tied to a project of the LPDC for the promotion or development of new or expanded business
enterprises, as authorized by Texas Local Government Code chapters 501 and 505.
3
ARTICLE III
Disbursement and/or retention of the cash incentive identified in Article I of this Agreement shall
be made as follows:
A. Disbursement shall be made to Recipient, subject to the satisfaction of the conditions precedent
or conditions subsequent contained within Article I of this Agreement.
B. LPDCobligation to Recipient shall not exceed $85,000.00, nor shall LPDC be obligated to
reimburse Recipient for requests delivered to LPDC after the termination of this Agreement.
ARTICLE IV
Recipient understands that the funds paid to Recipient by the LPDC are derived from tax
revenues collected under Texas Local Government Code 505.252, and that LPDC has estimated the
tax revenues to be collected during the term of this Agreement. Recipient further understands,
acknowledges, and agrees that if the tax revenue actually collected is less than 90% of the estimated
tax revenues to be collected in any fiscal year during the term of this Agreement, LPDC will be under
no obligation to provide funding to Recipient for any payment or payments during or after the fiscal year
for which there is a revenue shortfall. Upon execution of the Agreement, funds will be placed in a City
of La Porte designated commitment account for purposes of this Agreement.
ARTICLE V
In the event of any default by Recipient hereunder, including, but not limited to, use of the funds
provided herein for purposes other than those stated in Article I of this Agreement, LPDC may cease
all future payments hereunder and terminate this Agreement. In addition, LPDC shall have the right to
reclaim and recapture, and Recipient shall refund, any funds that are not spent in accordance with the
terms of this Agreement, including 1) LPDC funds spent by Recipient in contravention of this Agreement
and 2) any LPDC funds previously paid to Recipient but not yet spent by Recipient. In each such case,
the previously paid cash payment or payments shall be remitted to the LPDC within sixty (60) of receipt
of written demand for same.
Any breach of this covenant shall be grounds for immediate termination of the distribution of
funds.
ARTICLE VI
The term of this Agreement is for a period beginning on the date of approval by LPDC and ending
July 31, 2026.
ARTICLE VII
All funds provided by the LPDC pursuant to this Agreement may be used only for the purposes
authorized by this Agreement. Notwithstanding Article I, above, City shall be under no obligation to
4
make any fund disbursements if the reports required under this Article have not been delivered to the
LPDC.
ARTICLE VIII
This Agreement does not create any joint venture, partnership, or agency relationship between
the LPDC and Recipient. Recipient shall have exclusive control of, and the exclusive right to control
the details of the work to be performed by Recipient hereunder and all personnel performing same, and
shall be solely responsible for the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event shall
any person par
considered an officer, agent, servant, or employee of the LPDC.
ARTICLE IX
Recipient agrees to assume and does hereby assume all responsibility and liability for damages
sustained by persons or property, whether real or asserted, by or from the carrying on of work by
Recipient or in the performance of services performed and to be performed by Recipient hereunder.
Recipient covenants and agrees to, and does hereby indemnify, defend, and hold harmless LPDC and
all their respective officers, agents, and employees from all suits, actions, claims, and expenses of any
character, includi
whether real or asserted, sustained by any person or property by or in consequence of any intentional
or negligent act, omission, or conduct of Recipient, its agents, servants or employees.
ARTICLE X
This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be
attached to and incorporated into this Agreement.
ARTICLE XI
Recipient shall adhere to all local, state, and federal laws and regulations that may affect its
actions made pursuant to this Agreement, and shall maintain in effect during the term of this Agreement
any and all federal, state, and local licenses and permits which may be required of Recipients generally.
ARTICLE XII
Recipient may not assign this Agreement, or any of the benefits provided herein including but
not limited to incentive payments identified in Article I, without the written consent of LPDC.
ARTICLE XIII
The waiver by LPDC of any breach of any term, condition, or covenant herein contained shall
not be deemed a waiver of any subsequent breach of the same, or any other term, condition, or
covenant.
5
ARTICLE XIV
The obligations of the Parties to this Agreement are performable in Harris County, Texas and if
legal action is necessary to enforce same, venue shall lie in Harris County, Texas.
ARTICLE XV
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas.
ARTICLE XVI
This Agreement may be executed in triplicate, each of which shall be deemed an original and
constitute one and the same instrument.
ARTICLE XVII
Neither LPDC nor Participant shall be required to perform any term, condition, or covenant in
this Agreement so long as such performance is delayed or prevented by force majeure, which shall
mean Acts of God, civil riots, floods, and any other cause not reasonably within the control of LPDC or
Recipient except as herein provided, and which by the exercise of due diligence LPDC or Recipient is
unable, wholly or in part, to prevent or overcome.
ARTICLE XVIII
In submitting this application, the applicant whose signature appears below affirms its intent and
commitment to comply in full with Section 2264.052 of the Government Code and certifies that it does
not and will not knowingly employ an undocumented worker during any time period associated with
the public subsidy for which the application is being submitted. The applicant further certifies its
understanding and agreement that if it is convicted of a violation of 8 U.S.C. Section 1324a(f), providing
for civil and/or criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing
to employ unauthorized aliens, it shall repay the amount of the public subsidy with interest, at the rate
and according to the terms of the agreement signed under Section 2264.053 of the Government Code,
not later than the 120th day after the date the city notifies the business of the violation.
ARTICLE XIX
The Agreement embodies the complete agreement of the parties hereto, superseding all oral or
written pervious and contemporary agreements between the Parties, which relate to matters in this
Agreement.
SIGNED AND AGREED to by LPDC and Recipient and EFFECTIVE on the date indicated below.
LA PORTE DEVELOPMENT CORPORTION
6
__________________________
Richard Warren, President
ATTEST
___________________________
Secretary of the Corporation
___________________________
Marion Campise
_________________________________
Vicki Campise
________________________________
DATE
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
038 EDC Fund
Source of Funds:
Requested By: Jason Weeks, Asst. City Mgr.
Department: Administration/CMO
038-6030-565-3001
Account Number:
$20,000
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: $20,000
Exhibits: New Agreement and Old Agreement
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The current agreement with the
expires on June 30, 2021. W
development services agreement with the Alliance for thirty-six (36) month period
beginning July 1, 2021 and ending June 30, 2024 in the annual amount of $20,000. La
to the Alliance. There are no changes other than the date in the renewal agreement.
The annual economic development services agreement includes:
One educational seminar specific to La Porte for local economic and community
development professionals, as well as government officials, local business and
community leaders.
Establish an ongoing program to develop quality prospect leads, focusing on the
targeted industries of greatest importance to La Porte.
Undertake or update workforce analyses to provide current data targeted to
prospective industries.
Interact with local, state, and federal officials, and local economic development
organizations and chambers of commerce on a regular basis.
Compile and disseminate economic and business related data to La Porte on at
least an annual basis.
Interact with the Texas Department of Economic Development on behalf of La
Porte and other economic development groups to acquire economic business
related data.
Promote small or disadvantaged business development.
Present La Porte in Alliance's marketing materials, including its website.
Provide annual or more frequent reports to La Porte on the performance of the
services.
Prepare press releases and act as media liaison publicizing the La Porte efforts.
Quality of Life initiative, which focuses upon regional marketing and regional
aesthetic improvements within the San Jacinto Texas Historic District. This
service provides to the La Porte that the Alliance will communicate grant
opportunities regarding this project to city, at no obligation to the city.
Invitation to city officials and staff to all events organized and/or hosted by the
Alliance.
The Alliance will provide full membership on its board of directors for a designee
of the City of La Porte.
Furthermore, the Alliance will make available to La Porte the following:
Access to information in its library and databases with the exception of company
economic development prospects who are not seeking to locate in La Porte.
Copies of the Alliance studies reports and evaluations relating to economic
development issues with the exception of work related to confidential prospects.
Copies of the Alliance publications.
Since the funds are budgeted in the La Porte Development Corporation budget, the
agreement needs both the approvals by the La Porte Development Corporation Board
and City Council. The La Porte Development Corporation Board acted upon this
agenda item at their May 24, 2021 meeting.
ACTION REQUIRED BY CITY COUNCIL
Consider approval or other action authorizing the Mayor to sign a thirty-six (36)
month economic development services agreement in the amount of $20,000.00
per year with the Economic Alliance Houston Port Region beginning July 1, 2021
and ending June 30, 2024.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ECONOMIC DEVELOPMENT SERVICES AGREEMENT
THIS Economic Development Services Agreement ("Agreement") is made and entered into by
and between the ECONOMIC ALLIANCE HOUSTON PORT REGION, a Texas non-profit
corporation; 203 Ivy Avenue, Ste 200, Deer Park, Texas 77536 (hereinafter "THE ECONOMIC
ALLIANCE"), and the City of La Porte, Texas and the La Porte Economic Development Corporation;
604 Fairmont Parkway, La Porte, Texas 77571, (hereinafter "THE CITY").
WHEREAS, THE ECONOMIC ALLIANCE is a non-profit corporation organized to promote
economic development with an emphasis on performance in the southeast portion of Harris County,
and;
WHEREAS, THE CITY promotes economic development in La Porte, Harris County, Texas;
and;
WHEREAS, THE CITY seeks assistance to fulfill its economic development initiatives in La
Porte, Texas; and
WHEREAS, THE ECONOMIC ALLIANCE is qualified and willing to perform such assistance
functions,
NOW THEREFORE, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits that will accrue to each of the parties hereof, as well as to the
citizens of La Porte, Texas, the Parties have agreed and do hereby agree as follows:
ARTICLE I
Goals
Section 1.0 I: THE CITY represents its goals in its Economic Development Program to include, but
may not be limited to the following:
a. Creating economic diversification to provide for stable, consistent and balanced
growth;
b. Building La Porte's business/commercial tax base;
c. Retaining existing jobs;
d. Creating an economic climate conducive to the development and growth of business
investment and commerce;
e. Enhancing the quality of life for all citizens residing or working within La Porte, Texas;
f. Promoting La Porte, Texas as the location of choice for new, expanding and relocating
businesses;
g. Attracting new businesses and development to La Porte, Texas;
h. Encouraging the expansion and development to La Porte, Texas;
i. Retaining businesses currently located in La Porte, Texas;
j. Establishing new partnerships for the promotion of economic development.
ARTICLE II
Qualifications of THE ECONOMIC ALLIANCE
Section 2.01: THE ECONOMIC ALLIANCE represents that:
a. THE ECONOMIC ALLIANCE is a non-profit entity that is authorized to promote
economic development in all or a portion of Harris County and is currently in good
standing with the State and Federal government;
b. THE ECONOMIC ALLIANCE is engaged in an on-going effort to attract new
businesses, to encourage the expansion of existing businesses, or to retain existing
businesses in Harris County, including La Porte, Texas;
c. THE ECONOMIC ALLIANCE hereby agrees to participate in joint projects and
coordinate its activities with THE CITY and in an effort to reduce duplication of
services and to enhance cooperation.
ARTICLE III
Scope of Services
Section 3.01: Services to be Provided: THE ECONOMIC ALLIANCE will provide to THE
CITY the services described in the following paragraphs:
a. Conduct one educational seminar specific to THE CITY for local economic and
community development professionals, as well as government officials, local business
and community leaders;
b. Establish an ongoing program to develop quality prospect leads, focusing on the
targeted industries of greatest importance to THE CITY;
c. Undertake or update workforce analyses to provide current data targeted to prospective
industries;
d. Interact with local, state, and federal officials, and local economic development
organizations and chambers of commerce on a regular basis;
e. Compile and disseminate economic and business related data to THE CITY on at least
an annual basis;
f. Interact with the Texas Department of Economic Development on behalf of THE CITY
and other economic development groups to acquire economic business related data;
g. Promote small or disadvantaged business development;
h. Present THE CITY in ECONOMIC ALLIANCE's marketing materials, including its
website;
1. Provide annual or more frequent reports to THE CITY on the performance of the
services described and outlined herein;
J. Prepare press releases and act as media liaison publicizing THE CITY's efforts.
k. THE CITY will be included as a participant in ECONOMIC ALLIANCE's Quality of Life
initiative, which focuses upon regional marketing and regional aesthetic improvements
within the San Jacinto Texas Historic District. This service provides to the City that the
Economic Alliance will communicate grant opportunities regarding this project to city, at
no obligation to the city.
l. Invitation to city officials and staff to all events organized and/or hosted by THE
ECONOMIC ALLIANCE;
m. THE ECONOMIC ALLIANCE will provide full membership on its board of directors for
a designee of THE CITY.
Section 3.02: Upon request, THE ECONOMIC ALLIANCE will make available to THE CITY the
following:
a. Access to information in its library and databases with the exception of company economic
development prospects who are not seeking to locate in THE CITY;
b. Copies of THE ECONOMIC ALLIANCE studies reports and evaluations relating to
economic development issues with the exception of work related to confidential prospects;
c. Copies of THE ECONOMIC ALLIANCE publications;
ARTICLE IV
Term of Contract
Section 4.01: This agreement is for three (3) years, covering the thirty-six (36) month period beginning
July 1, 2021, and ending June 30, 2024.
ARTICLEV
Terms of Payment
Section 5.01: THE CITY agrees to pay THE ECONOMIC ALLIANCE a total amount of TWENTY
THOUSAND AND NO/100ths Dollars ($20,000.00) for each contract year (twelve-month period) this
agreement is in effect, said $20,000.00 payments being for the performance of services provided herein
by THE ECONOMIC ALLIANCE during each of the three (3) contract years established in Section
4.01 of this agreement. Performance update reports shall be provided to THE CITY on at least an
annual basis. Furthermore, and without limiting Section 6.01, CITY retains the right to terminate this
Agreement at any point should funds not be appropriated for the
continued financing of this agreement in any fiscal year budget, or amendment to same. THE
ECONOMIC ALLIANCE agrees and recognizes that CITY must budget for and approve of all
purchases on a yearly basis and is unable to obligate revenues beyond the current fiscal year.
Section 5.02: THE ECONOMIC ALLIANCE, as part of the payment for services received, shall
perform services outlined in this document.
Section 5.03: THE ECONOMIC ALLIANCE shall present annual billing statements to THE
CITY describing the services performed. THE CITY shall promptly process such statements, and
make payment within thirty (30) days of receipt.
ARTICLE VI
Termination
Section 6.01: THE CITY may terminate this Agreement at any time by giving 30 days' written
notice to THE ECONOMIC ALLIANCE. THE CITY's right to terminate this Agreement for
convenience is cumulative of all rights and remedies, which exist now or in the future.
Section 6.02: On receiving the notice, THE ECONOMIC ALLIANCE shall, unless the notice
directs otherwise, immediately discontinue all services under this Agreement and cancel all
existing orders and subcontracts that are chargeable to their Agreement. Within 30 days of the
termination date THE CITY shall pay to THE ECONOMIC ALLIANCE, pro-rated on a monthly
basis, the fees for services rendered under this Agreement unless the fees exceed the allocated
funds remaining under this Agreement.
Section 6.03: TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR
SERVICES RENDERED ARE THE ECONOMIC ALLIANCE'S ONLY REMEDIES FOR THE
CITY'S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A
DEFAULT OR BREACH OF THIS AGREEMENT. THE ALLIANCE WAIVES ANY CLAIM
(OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY
HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES
RESULTING FROM THE CITY'S TERMINATION FOR CONVENIENCE.
Section 6.04: Termination for Cause by THE ECONOMIC ALLIANCE: THE ECONOMIC
ALLIANCE may terminate its performance under this Agreement only if THE CITY defaults and
fails to cure the default after receiving written notice of the alleged default. Default by THE CITY
occurs if THE CITY fails to perform one or more of its material duties under this Agreement. If
a default occurs and THE ECONOMIC ALLIANCE wishes to terminate the Agreement, then
THE
ALLIANCE must deliver a written notice to the CITY describing the default and the proposed
termination date. The date must be at least 30 days after the CITY receives notice. THE
ECONOMIC ALLIANCE, at its sole option, may extend the proposed termination date to a later
date. If THE CITY cures the default before the proposed termination date, then the proposed
termination is ineffective. If THE CITY does not cure the default before the proposed termination
date, then THE EC9NOMIC ALLIANCE may terminate its performance under this Agreement
on the termination date. To effect final termination, THE ECONOMIC ALLIANCE must notify
THE CITY in writing.
Section 6.05: Termination for Cause by THE CITY: If THE ECONOMIC ALLIANCE defaults
under this Agreement, THE CITY manager may either terminate this Agreement or allow THE
ECONOMIC ALLIANCE to cure the default as provided below. THE CITY's right to terminate
this Agreement for THE ECONOMIC ALLIANCE's default is cumulative of all rights and
remedies, which exist now or in the future. Default by THE ECONOMIC ALLIANCE occurs if:
a. THE ECONOMIC ALLIANCE fails to perform any of its duties under this Agreement;
b. THE ECONOMIC ALLIANCE becomes insolvent;
c. All or a substantial part of THE ECONOMIC ALLIANCE's assets are assigned for the
benefit of its creditors; or
d. A receiver or trustee is appointed for THE ECONOMIC ALLIANCE.
Section 6.06: If a default occurs, the CITY may, but is not obligated to, deliver a written notice
to THE ECONOMIC ALLIANCE describing the default and the termination date. The CITY, at
its sole option may extend the termination date to a later date. If the CITY allows THE
ECONOMIC ALLIANCE to cure the default and THE ECONOMIC ALLIANCE does so to the
CITY'S satisfaction before the termination date, then the termination is ineffective. If THE
ECONOMIC ALLIANCE does not cure the default before the termination date, then the CITY
may terminate this Agreement on the termination date, at no further obligation of the Corporation.
Section 6.07: To effect final termination, THE CITY must notify THE ECONOMIC ALLIANCE
in writing. After receiving the notice, THE ECONOMIC ALLIANCE shall, unless the notice
directs otherwise, immediately discontinue all services under this Agreement, and promptly
cancel all orders or subcontracts chargeable to the Agreement.
ARTICLE VII
Miscellaneous
Section 7.01 The relationship of THE ECONOMIC ALLIANCE to THE CITY shall be that of an
independent contractor. THE CITY shall have no authority to direct the
day-to-day activities of any of THE ECONOMIC ALLIANCE's employees or representatives, shall
have no authority over THE ECONOMIC ALLIANCE's decisions, and shall have no rights to
ownership of internal working papers or other information or data of TIIE ECONOMIC ALLIANCE,
except as otherwise specifically authorized or required herein.
Section 7.02 This Agreement shall be binding upon and inure to the benefit of THE CITY and THE
ECONOMIC ALLIANCE and shall not bestow any rights on any third parties.
Section 7.03. Failure of either party hereto to insist on the strict performance of any of the provisions
hereof, or failure of performance, shall not be considered a waiver of the right to insist on or enforce,
by an appropriate remedy, strict compliance with any other obligation hereunder, or to exercise any
right or remedy occurring as a result of any future failure of performance.
Section 7.04. This Agreement shall be subject to and construed in accordance with the laws of the State
of Texas and of the United States of America and is performable in Harris County, Texas.
Section 7.05. All notices required or allowed hereunder shall be given in writing and shall be deemed
delivered when actually received or on the third day following its deposit into a United States Postal
Service post office or receptacle with prepaid postage affixed thereto, and sent by certified mail, return
receipt requested, addressed to the respective party at the address set forth below, or at such other
address the receiving party may have theretofore prescribed by written notice to the sending party:
If to THE CITY OF LA PORTE
City of La Porte
Attention: Corby Alexander
604 W. Fairmont Parkway
La Porte, Texas 77571
If to THE ECONOMIC ALLIANCE:
Economic Alliance Houston Port Region
Attention: Chad Burke, President/CEO
203 Ivy Avenue, Ste 200
Deer Park, Texas 77536
Section 7.06. This Agreement contains the entire agreement of the parties and any changes and
amendments hereto must be in writing and signed by both parties. This Agreement is executed in two
originals.
ECONOMIC ALLIANCE
HOUSTON PORT REGION
By
Chad D. Burke, President/CEO
DateSigned: ______________________
ATTEST
By _______________________________
Name_____________________________
Title ______________________________
LA PORTE DEVELOPMENT CORPORATION: CITY OF LA PORTE:
By ________________________________ By __________________________________
Richard Warren, Chairman Louis R. Rigby, Mayor
Date Signed: ________________________ Date Signed: __________________________
ATTEST ATTEST
By _______________________________ By __________________________________
Name_____________________________ Name ________________________________
Title ______________________________ Title _________________________________
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds: N/A
Requested By: Lindsay French, Interim Director
Department: Parks & Recreation
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution of Contractor
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
Prior to any letting of contract agreements from the City of Houston to Providers for
Nutrition and Transportation Services, it is required that they receive a signed Ethics
Form 1295, a Resolution of Contract Form as well as an Authorization Form. This is
in preparation for completing the Request for Proposal (RFP) with the City of Houston
for our homebound and congregate meal programs for the Norman L. Malone Senior
Center.
Staff recommends City Council approving the Resolution of Contractor which
designates the City Manager s representative and grants the City Manager
signing authority on matters regarding the City of Houston Nutrition and
Transportation Services.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution of Contractor authorizing the City Manager to sign
on behalf of the City of La Porte
Transportation Services.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds: 050 2010 G.O. Bond
Requested By: Ray Mayo, Director
Department: Public Works
Account Number: 050-7071-531-1100
$950,000 (original)
Report Resolution Ordinance
Amount Budgeted: $437,356 (available)
Amount Requested: $321,000
Exhibits: Project Area Map; Bid Access; Bid Tabulation; Award
Recommendation;
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The General Land Office-Community Development & Revitalization (GLO-CDR) has
nd 2 from the 2015 Floods CDBG-
DR funds for infrastructure that failed to function during the declaration period and
improvements that principally benefit those of low and moderate income areas. To
access the funding allocated to the City of La Porte, the GLO required submission of a
Non--housing projects to
repair or mitigate damage that occurred during the Presidentially-declared Federal
Emergency Management Agency (FEMA) 4223-DR-TX (2015 Memorial Day) and
FEMA 4245-DR-TX (2015 Halloween) disasters. The Northside Neighborhood
Drainage Improvement Project (also referred to as the 6th Street Drainage
Improvements from Madison to Main), within the Little Cedar Bayou (F216) Watershed,
was awarded funding effective March 9, 2019, with a termination date of August 5,
2021. Prior to receiving notification of grant award, this project was funded within the
FY17 budget. As such, the budgeted amount will be utilized to pay for project costs
upfront, and grant will be utilized as a reimbursement to the City for the project costs.
The goal of the Northside Neighborhood Drainage Improvement Project is to improve
the functionality of the storm sewer system and increase the level of service in the
region. This phase of the project consists of improving the downstream storm water
infrastructure to provide the ultimate capacity required for upstream improvements.
Responses to Bid #21016 Northside Neighborhood Drainage Improvements Project
Contract No. 19-231-000-B675 were received on May 6, 2021. The Bid was advertised
in the Bay Area Observer and posted on Public Purchase. Four (4) bidders responded,
with Tandem Services, LLCsubmitting the lowest responsive bid in the amount of
$291,716.00.
Staff recommends awarding Bid #21016 Northside Neighborhood Drainage
Improvements Project Contract No. 19-231-000-B675 to Tandem Services, LLC for an
amount of $291,716.00 and authorizing a contingency amount of $29,284, for a total
authorization of $321,000. In October 2020, this contractor completed the Sylvan and
Jefferson Paving Rehabilitation Project for the City with exceptional performance.
Benefits:
Awarding this contract keeps the project on schedule for the target completion
date of August 5, 2021, as identified within the GLO agreement.
Project provides downstream improvements needed to facilitate upstream
improvements that are anticipated to be constructed as part of Phase 2 of this
project.
Liabilities:
If not awarded, risk not meeting August 5, 2021 project completion date, which
could result in forfeiture of $325,775 GLO grant award.
th
Flooding along 6 street remains unmitigated.
ACTION REQUIRED BY CITY COUNCIL
Approval or other action to award Bid #21016 Northside Neighborhood
Drainage Improvements Project Contract No. 19-231-000-B675 to Tandem
Services, LLC in the amount of $291,716.00 with a contingency amount of
$29,284, for a total authorization of $321,000.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
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Notifications & Access Report - Sealed Bid #21016
Vendor NameReason
1st General Contractor LLCBid Notification
3J Ryan, Inc.Bid Notification
AAA Asphalt Paving IncBid Notification
Bid Notification
AGR CONSTRUCTION,LLCBid Notification
AHRG, CorporationBid Notification
Alamo Concrete Products ComBid Notification
All Pro General Construction, InBid Notification
American Pavement SolutionsBid Notification
Angel Brothers Enterprises, LtdBid Notification
Baukus ElectricBid Notification
Boyer, Inc.Bid Notification
Brooks Concrete IncBid Notification
Calco Contracting, Ltd.Bid Notification
cdcBid Notification
CDC NewsBid Notification
Chief Solutions, Inc.Bid Notification
Conrad Construction Co., LTDBid Notification
CRB Construction, IncBid Notification
Crescent Engineering Co IncBid Notification
D DavilaBid Notification
derk harmsen const. co incBid Notification
DM Construction LLCBid Notification
Dort & O'Connor ContractorsBid 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
Frost Construction Company, InBid 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
GW Phillips Construction, INC. Bid Notification
Hayden Paving, Inc.Bid Notification
HDR Engineering, Inc.Bid Notification
Horseshoe Construction, IncBid 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
J.R.'S LandscapingBid Notification
JDC ServicesBid Notification
Jegon Industrial LLCBid Notification
JERDON ENTERPRISE, L.P.Bid Notification
K Tillman Construction LLCBid Notification
K2 Services, LLCBid Notification
KING SOLUTION SERVICES LBid Notification
L & M Contractors. Inc.Bid Notification
Legion Contracting Services, InBid Notification
Locus ConstructionBid Notification
MAR-CON SERVICES, LLCBid Notification
MHB Construction, Inc.Bid Notification
Midwest Energy Solutions, Inc.Bid Notification
National PowerRodding Corp. Bid Notification
National Works, Inc.Bid Notification
NEC Construction, LtdBid Notification
Paskey IncorporatedBid Notification
Pfeiffer & Son, Ltd.Bid Notification
PLW Waterworks, LLCBid Notification
Polston Applied Technologies CBid Notification
QC Laboratoires, Inc.Bid Notification
R J Construction Company, IncBid Notification
R. L. UtilitiesBid Notification
R.H. Shackelford, Inc.Bid Notification
RAC Industries, LLCBid Notification
SAK Construction, LLCBid Notification
SJ&J CONSTRUCTION, LLCBid Notification
South Ranger Construction Inc.Bid Notification
Southern Road & BridgeBid Notification
Stone Castle IndustriesBid Notification
Storm-Tex Services, LLCBid Notification
T & A Turf and Irrigation, LLC.Bid Notification
T&TBid Notification
Taylor & Taylor ConstructionBid Notification
TCH Directional DrillingBid Notification
Teamwork Construction Service Bid Notification
texas pride utilities, llcBid Notification
TFR Enterprises, IncBid Notification
THE DRC GROUPBid Notification
Thompson General Constructio Bid Notification
TLC Trucking & Contracting, IncBid Notification
TriKings Construction Bid Notification
W.W. Payton CorportionBid Notification
Webber, LLCBid Notification
Z-Master ConcreteBid Notification
Vendor Name:Documents
Alpha Testing, Inc.Bid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
AR TurnKee Construction Com Bid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
CivilTech Engineering, Inc.
CMS
Construction Journal
Dale DobbinsBid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Dannenbaum EngineeringBid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Dodge Data & AnalyticsBid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
ERS, Inc.Bid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Fugro Consultants, Inc.Bid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Greenscapes 6Bid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Hearn CompanyBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Horseshoe Construction, Inc
HT&J, LLCBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
IMS
LJA Engineering, Inc.Bid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Mar-Con ServicesBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
North America Procurement CoBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
OnviaBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Perkens WS CorporationBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
RFx AnalystBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
SAK Construction, LLC
SmartProcureBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Tandem Services, LLCBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
TUCON, LLC
Tukmol General Contractor
WadeCon, LLCBid #21016 Northside Neighborhood Drainage Improvements Project (1).pdf
Wayne Enterprises
WebtechBid 21016 Northside Neighborhood Drainage Improvements Project (1).pdf
90
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at N. 4th Street on the public resale list since
2012 and has received a bid from Juan L. Solitaire in the amount of $18,700.00, which
includes judgment value plus costs and post-judgment taxes. Currently, the property is
vacant. At this time staff is asking the City Council to pass a Resolution to approve the
sale of the property listed below for the amount that has been offered.
2010-05746 N. Fourth St., La Porte, Texas 77571 Offer $18,700.00 (cost +
taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Juan L. Solitaire to acquire a
tax resale property described as: Lots 21, 22 & 23, Block 1114, Town of La Porte,
Harris County, Texas, as shown on the map or plat thereof recorded in Volume
60, Page 115, of the Deed Records of Harris County, Texas; Account No. 024-191-
000-0021.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at N. 4th Street on the public resale list since
2012 and has received a bid from Juan L. Solitaire in the amount of $12,500.00, which
includes judgment value plus costs and post-judgment taxes. Currently, the property is
vacant. At this time staff is asking the City Council to pass a Resolution to approve the
sale of the property listed below for the amount that has been offered.
2010-05746 N. Fourth St., La Porte, Texas 77571 Offer $12,500.00 (cost +
taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Juan L. Solitaire to acquire a
tax resale property described as: Lots 36 & 37, Block 1114, Town of La Porte,
Harris County, Texas, as shown on the map or plat thereof recorded in Volume
60, Page 115, of Deed Records of Harris County, Texas; Account No. 024-191-
000-0036.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
RESOLUTION 2021-45
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at N. 4th Street on the public resale list since
2012 and has received a bid from Juan L. Solitaire in the amount of $15,200.00, 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.
2010-05746 N. Fourth St., La Porte, Texas 77571 Offer $15,200.00 (cost +
taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Juan L. Solitaire to acquire a
tax resale property described as: Lots 38, 39, 40, & 41, Block 1114, Town of La
Porte, Harris County, Texas, as shown on the map or plat thereof recorded in
Volume 60, Page 115, of Deed Records of Harris County, Texas; Account No. 024-
191-000-0038.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
RESOLUTION 2021-46
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at N. 4th Street on the public resale list since
2002 and has received a bid from Juan L. Solitaire in the amount of $16,700.00, 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.
1999-37587 N. Fourth St., La Porte, Texas 77571 Offer $16,700.00 (cost +
taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Juan L. Solitaire to acquire a
tax resale property described as: Lots 32, 33, 34 & 35, Block 1114, Town of La
Porte, Harris County, Texas, as shown on the map or plat thereof, also described
in a deed filed in the Real Property Records of Harris County, Texas under Harris
; Account No. 024-191-000-0032.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
RESOLUTION 2021-47
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at Nugent St. on the public resale list since 2015
and has received a minimum bid from Blacksmith Holdings LLC in the amount of
$1,616.47, which is less than the 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.
2014-03096 Nugent St., La Porte, Texas 77571 Offer $1,616.47
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Blacksmith Holdings LLC to
acquire a tax resale property described as: Lots 1 & 2, Block 189, Town of La
Porte, an Addition to Harris County, Texas, according to the map or plat thereof
recorded in Volume 8, Page 16, of the Map Records of Harris County, Texas;
Account No. 024-002-089-0001.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
RESOLUTION 2021-48
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at 3256 Bernard St. on the private resale list
since 2014 and has received a minimum bid from Miguel Angel Serrano & Virginia Ixta
Serrano in the amount of $15,000.00, which includes judgment value plus cost, post-
judgment taxes and demolition liens. 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.
2013-19351 3256 Bernard St., La Porte, Texas 77571 Offer $15,000.00 (cost
+ taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Miguel Angel Serrano & Virginia
Ixta Serrano to acquire a tax resale property described as: South ½ of Lot 20,
Spencer Highway Estates, An Unrecorded Subdivision in Abstract 482, The
Williams Jones Survey La Porte, Harris County, Texas, more particularly
described in a deed filed in the Real Property Records of Harris County, Texas
under Harris CE510997; Account No. 043-148-001-
0020.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
RESOLUTION 2021-49
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at 0 State Highway 146 on the private resale
list since 2002 and has received a minimum bid from Blacksmith Holdings LLC in the
amount of $8,264.01, 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.
2000-35440 0 State Highway 146, La Porte, Texas 77571 Offer $8,264.01
(cost + taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Blacksmith Holdings LLC to
acquire a tax resale property described as: Lot 1, Block 52, Town of La Porte,
Harris County, Texas, more particularly described in a deed filed in the Real
Property Records of Harris County, Texas under Volume 781, Page 350. Account
No. 023-185-000-0001.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
RESOLUTION 2021-50
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Laura Reid, Deputy Tax Clerk
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution, Deed, Attorney Letter,
Budgeted Item: Yes No
Analysis, Bid & Map
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to a judgment, the taxing
unit may sell the property at any time by a public or private sale. The City of La Porte
has had this particular property located at 0 State Highway 146 on the private resale
list since 2002 and has received a minimum bid from Blacksmith Holdings LLC in the
amount of $8,264.01, 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.
2000-35440 0 State Highway 146, La Porte, Texas 77571 Offer $8,264.01
(cost + taxes)
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution accepting a bid by Blacksmith Holdings LLC to
acquire a tax resale property described as: Lot 34, Block 52, Town of La Porte,
Harris County, Texas, more particularly described in a deed filed in the Real
Property Records of Harris County, Texas under Volume 781, Page 350. Account
No. 023-185-000-0029.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
RESOLUTION 2021-51
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
N/A
Source of Funds:
Requested By: Michael Dolby, Director
Department: Finance
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The City of La Porte would like to issue approximately $13.5 million in Certificates of
Obligation bonds for the planning, acquisition, design and construction of a new City
Hall and professional services; and preserve the option to spend any unspent proceeds
on other City infrastructure. Therefore, staff is requesting consideration and approval
of a Resolution authorizing publication of otice of Intent to issue Certificates of
This notice wiOrdinance authorizing
the issuance of up to $13,500,000 in Certificates of Obligations bonds at a regular City
Council meeting on July 12, 2021.
e City has multiple options for
financing. The bond market can be time sensitive and interest rate sensitive, therefore,
the Finance Department would like to utilize the best method available for selling the
debt. Staff recommends using the negotiated sale method, which allows entering the
market during favorable conditions. The City has utilized this method in the past and it
has provided favorable outcomes. Staff is recommending using JP Morgan as the
underwriter.
attorneys will be present at the meeting to
answer any questions.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny a Resolution authorizing publication of Notice of Intent to issue
up to $13.5 million of Certificates of Obligation.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION NO. 2021-52
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENT TO ISSUE
CERTIFICATES OF OBLIGATION
STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTE §
WHEREAS, the City Council has
determined that it is in the best interests of the City to issue certificates of obligation in a principal amount not to
exceed $13,500,000 pursuant Subchapter C of Chapter 271, Texas Local Government Code,
in accordance with the notice hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. The facts and recitations contained in the preamble of this Resolution are hereby found and
declared to be true and correct.
Section 2. The City Secretary is hereby authorized and directed to prepare and cause to be published
a notice of intent to issue the Certificates in substantially the form attached hereto as Exhibit A
The Notice shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation
in the City, the date of the first publication to be at least forty-six (46) days before the date tentatively set in said
Notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. In addition,
the Notice shall be posted connternet website for at least forty-five (45) days before the
date tentatively set for the passage of the order or ordinance authorizing the issuance of the Certificates.
Section 3. For purposes of the Notice, the City hereby designates as self-supporting those public
securities listed in the attached Exhibit B, the debt service on which the City currently pays from sources other
than ad valorem tax collections.
Section 4. The City hereby authorizes the preparation and distribution of a Preliminary Official
Statement relating to the Certificates, and authorizes the Director of Finance or City Manager to approve the final
form of and deem final such Preliminary Official statement within the meaning and for the purposes of paragraph
(b)(1) of Rule 15c2-12 of the United States Securities and Exchange Commission.
Section 5. The Mayor, City Secretary, City Manager, Director of Finance and other officers and agents
of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the
provisions of this Resolution.
Section 6. This Resolution shall take effect immediately upon its passage.
HOU:3738151.1
PASSED AND APPROVED the 24th day of May, 2021
CITY OF LA PORTE, TEXAS
Mayor
ATTEST:
City Secretary
S-1
HOU:3738151.1
EXHIBIT A
NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION
at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas
at 6:00 p.m. on July 12, 2021, which is the time and place tentatively set for the passage of an ordinance
authorizing in a principal amount not to
exceed $13,500,000 to pay all or any part of contractual obligations to be incurred for the construction of public
works and the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for
authorized needs and purposes, to wit: (i) planning, acquisition, design, construction and equipment of a new City
Hall, (ii) renovation, improvement and equipment of existing City buildings, (iii) construction, improvement,
extension, upgrade and development of City streets, including drainage, streetscaping, signalization and other
traffic controls, sidewalks, street lights and the acquisition of any right-of-way, (iv) drainage improvements, (v)
, (vi) purchase of
land for and construction, renovation, i Bay Forest Golf Course and
related facilities, and (vii) the cost of professional services rendered in connection the above listed projects. The
Certificates shall bear interest at any rate or rates, not to exceed the maximum interest rate now or hereafter
authorized by law, as shall be determined within the discretion of the City Council at the time of issuance, and
shall mature over a period of years not to exceed thirty (30) years from their date. The Certificates shall be
It is estimated that the combined principal and interest required to pay the Certificates is $18,995,348.
Such estimate is provided for illustrative purposes only, and is based on an assumed interest rate of 3.00%. Such
conditions, and are provided by the City without assurance that such projections will be realized. The City cannot
guarantee that such conditions will continue through the date of the sale of the Certificates. As of the date of this
notice, the aggregate principal amount outstanding of tax-supported debt obligations of the City is $21,041,001,
and, b
pay all of the outstanding tax-supported debt obligations of the City on time and in full is $23,791,967 (in each
case excluding public securities secured by an ad valorem tax but designated by the City as self-supporting
pursuant to a resolution adopted by the City Council on May 24, 2021, which resolution is available from the City
upon request).
CITY OF LA PORTE, TEXAS
A-1
HOU:3738151.1
EXHIBIT B
SELF-SUPPORTING DEBT
Outstanding
Percentage
Principal Amount
Designated as
Designated as Self
Series Designation Self-Supporting Supporting
General Obligation Refunding Bonds, Series 2012 49.82% $2,857,177
General Obligation Refunding Bonds, Series 2014 54.78% $1,911,822
General Obligation Refunding Bonds, Series 2016 100% $2,465,000
Total Principal Amount Designated as Self- $7,233,999
Supporting
B-1
HOU:3738151.1
NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION
at its regular meeting place at City Council Chambers, City Hall, 604 West Fairmont Parkway, La Porte, Texas
at 6:00 p.m. on July 12, 2021, which is the time and place tentatively set for the passage of an ordinance
exceed $13,500,000 to pay all or any part of contractual obligations to be incurred for the construction of public
works and the purchase of materials, supplies, equipment, machinery, buildings, land and rights-of-way for
authorized needs and purposes, to wit: (i) planning, acquisition, design, construction and equipment of a new City
Hall, (ii) renovation, improvement and equipment of existing City buildings, (iii) construction, improvement,
extension, upgrade and development of City streets, including drainage, streetscaping, signalization and other
traffic controls, sidewalks, street lights and the acquisition of any right-of-way, (iv) drainage improvements, (v)
land for and construction, renovation, improvement, and equipment o
related facilities, and (vii) the cost of professional services rendered in connection the above listed projects. The
Certificates shall bear interest at any rate or rates, not to exceed the maximum interest rate now or hereafter
authorized by law, as shall be determined within the discretion of the City Council at the time of issuance, and
shall mature over a period of years not to exceed thirty (30) years from their date. The Certificates shall be
payable from ad
It is estimated that the combined principal and interest required to pay the Certificates is $18,995,348. Such
estimate is provided for illustrative purposes only, and is based on an assumed interest rate of 3.00%. Such
conditions, and are provided by the City without assurance that such projections will be realized. The City cannot
guarantee that such conditions will continue through the date of the sale of the Certificates. As of the date of this
notice, the aggregate principal amount outstanding of tax-supported debt obligations of the City is $21,041,001,
pay all of the outstanding tax-supported debt obligations of the City on time and in full is $23,791,967 (in each
case excluding public securities secured by an ad valorem tax but designated by the City as self-supporting
pursuant to a resolution adopted by the City Council on May 24, 2021, which resolution is available from the City
upon request).
CITY OF LA PORTE, TEXAS
Robert V. Henderson
Managing Director,
Phone: (210) 805-1118
Facsimile: (210) 805-1119
robert.henderson@rbccm.com
C ITY OF L A P ORTE, T EXAS
P RELIMINARY P LAN OF F INANCE
D ATED: M AY 12, 2021
I NTRODUCTION:
City Administration has advised RBC Capital Marketsa
financing in the amount of $13.5mm to finance a new City Hall and other public infrastructure. The purpose of
this Preliminary Plan of Finance is to provide background analysis, outline a strategy for pursuing the financing
and an analysis of the potential financial impact of such a financing.
F INANCIAL B ACKGROUND:
The City of La Porte currently has six ad valorem property tax secured debt obligations outstanding:
Original Currently Final
Issue: Amount: Outstanding: Maturity:
General Obligation Ref. Bonds, Series 2012 9,435,000 $ 5,735,000 3/15/2025
General Obligation Ref. Bonds, Series 2014 9,300,000 3,490,000 3/15/2025
Certificates of Obligation, Series 2015 7,770,000 5,585,000 3/15/2030
General Obligation Ref. Bonds, Series 2016 3,165,000 2,465,000 3/15/2029
Certificates of Obligation, Series 2017 10,635,000 8,715,000 3/15/2037
General Obligation Ref. Bonds, Series 2020 2,705,000 2,285,000 3/15/2026
$28,275,000
Three important notes about this debt. First, it is very modest; with a City tax base of $3.5 billion, and over ½ of
this debt being serviced by enterprise funds, the net debt to tax base ratio is less than 0.25%. Second, the debt is
very short in duration; just over 53.5% pays off in just 4 years; over 78.5% of it pays off in 9 years (rating
agencies look for 50% in 10 years). Third, due to aggressive debt management, the maximum interest rate the
City is paying on any portion of the debt is 5% and in eight years, the only debt outstanding will be paying
interest rates between 1.52% and 1.82%. The City has no revenue bonds or contract revenue bonds outstanding.
T HE P ROPOSED D EBT:
Historically, the City has issued Certificates of Obligation to finance public infrastructure. The term of these
have varied depending on the useful lives of the projects being financed. Given the expected useful life of the
building, it is anticipated that the final maturity of the debt would be approximately 20 years.
and Sinking (I&S) tax rate strategy that maintained a tax rate
of 10.5 cents per $100 assessed valuation. With growth in the tax base, the payoff of old debt and strategic
structuring of new debt, the City has been able to issue debt on a regular basis without an increase in taxes.
ent
I&S tax rate did fall to 9.3 cents. However, the City intends to resume its historical rate at 10.5 cents and this
debt issue will not require a tax rate in excess of that rate.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
City of La Porte, Texas
May 12, 2021
Page 2
S ELLING THE D EBT:
There are three generally prescribed methods for selling public debt; Selling by competitive bid, selling on a
negotiated sale basis and conducting a private placement. The first two methods involve sales to the general
public, obtaining bond ratings, preparing offering documents and involving underwriters. The private placement
method entails presenting the debt to a number of commercial banks (both locally and on a regional basis) and
requesting bids. We would then present the City with a bond purchase agreement between the winning bidder
and the City reflecting those terms. Given the nature and size of this issue, we recommend the debt be sold on a
negotiated sale basis. Given the size of the issue, it is our recommendation that the City utilize a single
underwriting firm for maximum focus on distribution. The underwriting firm the City used in its last negotiated
sale has experienced personal changes. The individual banker that worked with the City has relocated to
JPMorgan but has continued to actively cover the City. City administration has indicated a desire to utilize
JPMorgan as the sole underwriter. We concur with that recommendation.
Certificates of Obligation require the giving of Notice of Intent to Issue (NOI) that must be published in a local
newspaper twice, the first time being not less than 45 days prior to the date the City anticipates the approval of
the ordinance authorizing the issuance. Given that requirement
th
it is anticipated that the Council would consider the NOI at its meeting on May 24, the first publication would
thth
occur on May 27, the sale of the Certificates would on July 12 and the closing could occur on or about
th
August 10. A more detailed timetable is attached hereto as an exhibit.
S UMMARY:
The City of La Porte has developed a strong base from which to fund capital improvements in the community
without the need for I&S tax rates in excess of its historical rate of 10.5 cents. Current market conditions and
rate parameter.
303 Pearl Parkway, Suite 220 (210) 805-1118 RBC Capital Markets
San Antonio, TX 78215 Member NYSE/SIPC
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Requested By: Source of Funds: N/A
Corby Alexander, City Mgr.
Department:
Administration/CMO
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: City Facial Coverings Policy
Budgeted Item: Yes No
G Executive Order GA-36
SUMMARY & RECOMMENDATIONS
Since July 2, 2020, the GovernorExecutive Order GA-29 has required 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, City Council adopted a policy in regards to the use
of facial coverings for individuals in City buildings and facilities.
On July 13, 2020, the City of La Porte City Council approved a policy mandating
masks/face coverings for employees, elected officials, board and commission
members, vendors, customers, and other individuals on City property. The policy was
revised by the City Council on March 8, 2021.
On May 18, 2021, the Governor issued Executive Order GA-36, which prohibits
governmental entities and officials from mandating face coverings or restricting
activities in response to the COVID-19 disaster. As a result, it is necessary to rescind
the policy mandating masks/face coverings for employees, elected officials, board and
commission members, vendors, customers, and other individuals on City property.
Nevertheless, staff will still be actively encouraged to employ any and all protective
measures to reduce the spread of the virus.
ACTION REQUIRED BY CITY COUNCIL
Rescind 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 Manager Date
CITY OF LA PORTE
POLICIES/PROCEDURES MANUAL
Date: July 13, 2020 Revised: March 8, 2021 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 property when 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 requirement to 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 their household. This may include, but is not limited to, City parks, trails,
pools, playgrounds and 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 a space
where social distancing will be unguaranteed (hallway, breakroom, etc.), a face covering must
be worn.
1
When the individual is alone while operating a personally 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 are encouraged
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 will be effective immediately and shall remain in effect until rescinded by City Council.
2
Violations of this policy may include the following:
Employees disciplinary action in accordance with other applicable City policies and
procedures.
Non-employees will be requested to vacate the property until they are in compliance with the
policy
Definitions
City property any building, structure, or land owned by the City of La Porte. For purposes of this
policy, there is a differentiation between buildings and facilities.
Buildings enclosed structures with walls and a roof. Examples include but are not limited City Hall,
Municipal Court, Recreation and Fitness Center.
Facilities outdoor spaces and unenclosed structures. Examples include, but are not limited to,
parks, walking trails, pools, covered pavilions, and playgrounds.
Social distancing the practice of avoiding close proximity with other individuals as measured by
maintaining at least six (6) feet of distance between yourself and others.
3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Requested By: Source of Funds: N/A
Louis R. Rigby, Mayor
Department:
City Council
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: G Order GA-36
Budgeted Item: Yes No
Proposed Ordinance 2021-3830
SUMMARY & RECOMMENDATIONS
On July 27, 2020, City Council approved Ordinance 2020-3796 amending the City
Council Rules of Procedure and Ethics Policy, for a second paragraph to be inserted in
Section 6.09 Item (a) to provide that, during any period in which face masks or face
coverings are required in public by a local disaster declaration or other law, all
Councilpersons in the Council chamber must wear an appropriate face mask or face
covering over both the mouth and nose during City Council meetings.
On March 8, 2021, in response to the Governor Executive Order GA-34, the City
Council adopted Ordinance 2021-3820, again amending the City Council Rules of
Procedure and Ethics Policy by inserting new language in Section 6.09. Decorum. for
a second paragraph to be amended in item (A) By Councilpersons.
Executive Order, GA-36, took effect, which
authority, and no governmental official may require any person to wear a face covering
or to mandate that anoth
-covering requirement imposed by any local
governmental en, necessitating an update to the City Council Rules of
Procedure and Ethics Policy.
ACTION REQUIRED BY CITY COUNCIL
Adopt Ordinance 2021-3830, amending the City Council Rules of Procedure and
Ethics Policy by removing the second paragraph of Section 6.09. Decorum. (A)
By Councilpersons, which reads All Councilpersons in the Council chamber
must wear an appropriate face mask or face covering over both the nose and
mouth during City Council meetings until the City Council deems it appropriate
to rescind this requirement.
ORDINANCE NO. 2021-3830
AN ORDINANCE AMENDING PROCEDURE
FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE TEXAS OPEN
MEETINGS ACT; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, Section 2.07. Meetings. b. Rules. of the City Charter of the City of La Porte provides that
WHEREAS, Section 6.09. Decorum. A. By Councilpersons. of the City Council Rules of Procedure and
Ethics Policy 6.09. Decorum.
(A)By Councilpersons. While the Council is in session, the members must preserve order and decorum,
and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of
the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided.
All Councilpersons in the Council chamber must wear an appropriate face mask or face covering over both
the nose and mouth during City Council meetings until the City Council deems it appropriate to rescind this
WHEREAS, considering issues related to the spread of COVID-19 and the ensuing local, county, state, and
national disaster declarations and applicable restrictions and/or guidelines concerning face masks and face
coverings and the protection of those participating in Council meetings; and
WHEREAS, the Governor for the State of Texas has issued Executive Order GA-36,
governmental entity, including a county, city, school district, and public health authority, and no
governmental official may require any person to wear a face covering or to mandate that another person
wear a face covering
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council Rules of Procedure and Ethics Policy are hereby amended by removing the
second paragraph of Section 6.09. Decorum A. By Councilpersons, which reads, All
Councilpersons in the Council chamber must wear an appropriate face mask or face covering
over both the nose and mouth during City Council meetings until the City Council deems it
appropriate to rescind this requirement.
Section 2. Open Meetings Act Notice. 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 Act, 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 3. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 4. Effective Date. This ordinance shall take effect immediately upon its passage and approval.
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PASSED AND APPROVED, this 24 day of May, 2021.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
Exhibit A
Current wording Proposed amendment Wording if adopted
6.09. Decorum. 6.09. Decorum. 6.09. Decorum.
(A) By (A) By Councilpersons. (A) By Councilpersons.
Councilpersons. While While the Council is in session, While the Council is in session,
the Council is in the members must preserve the members must preserve
session, the members order and decorum, and a order and decorum, and a
must preserve order member shall neither, by member shall neither, by
and decorum, and a conversation or otherwise, conversation or otherwise,
member shall neither, delay or interrupt the delay or interrupt the
by conversation or proceedings or the peace of the proceedings or the peace of the
otherwise, delay or Council nor disturb any Council nor disturb any
interrupt the member while speaking or member while speaking or
proceedings or the refuse to obey the orders of the refuse to obey the orders of the
peace of the Council Council or its Presiding Officer, Council or its Presiding Officer,
nor disturb any except as otherwise herein except as otherwise herein
member while provided. provided.
speaking or refuse to
obey the orders of the All Councilpersons in the All Councilpersons in the
Council or its Presiding Council chamber must wear an Council chamber must wear an
Officer, except as appropriate face mask or face appropriate face mask or face
otherwise herein covering during City Council covering during City Council
provided. meetings until the City Council meetings until the City Council
deems it appropriate to rescind deems it appropriate to rescind
During any period in this requirement. this requirement.
which face masks or
face coverings are
required in public by a
local disaster
declaration or other
law, all Councilpersons
in the Council chamber
must wear an
appropriate face mask
or face covering during
City Council meetings.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Requested By: Teresa Evans, Director Source of Funds: N/A
Department: Planning and Development
AccountNumber: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Chapter 94- Floods- SHOWING
Budgeted Item: YesNo
CHANGES; Chapter 94- Floods- CLEAN; Public
Improvement Criteria Manual (PICM) Chapter 5
Stormwater Design Criteria – SHOWING
CHANGES; Harris County May 12, 2020 Letter; Harris County July 9, 2020 Clarification Letter; La Porte
Minimum Measures Message; Detention Area Table; County Region 3 IDF Curves
SUMMARY & RECOMMENDATION
The City of La Porte’s Drainage & Flooding Committee met on February 8 and May 10
of 2021 to discussHarris County’s recommended minimum standards for drainage
criteria. Cobb Fendley & Associates, who currently providesCity Engineer and
Floodplain Management services to the City, presented the County’s recommendations
and potential impacts to La Porte development. The Committee voted to move the
recommendations forward for City Council consideration.
The proposed changes are outlined in a letter dated May 12, 2020, from the Harris
County Engineer and the Executive Director of Harris County Flood Control District
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(HCFCD), and in a letter dated July 9, 2020. The July 9letter from the Harris County
Engineer provides clarification on Coastal and Stillwaterrequirements related to the
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minimum standards presented in the May 12letter.
Harris County provided professional engineering services to assist communities with
determining the feasibility of implementing the proposed Harris County requirements.
The potential changes and associated impact(s) to the City of La Porte were evaluated
by EHRA Engineering and are summarized in the attached message, prepared by
Alexa Nichols, PE and entitled “La Porte Minimum Measures”.
In addition to the Harris County recommended minimum standards, the proposed
amendments to “Chapter 94 – Floods”include the latest National Flood Insurance
(NFIP) Community Rating System (CRS) Class 8 Prerequisite which states: 1) at least
1 foot freeboard should be included for the mechanical and electrical equipment for all
residential and for manufacturedhome finished floors (or frame) and manufactured
home mechanical and electrical equipment; and 2) removal of the option to install at
36” above grade for manufactured homes.
The City’s participation in Harris County grant programsis contingent on the City’s
adoption of the County’s new minimum standards for drainage. Cobb Fendley staff will
presenttheir evaluation of the Harris County recommended changes and FEMA’snew
Class 8 Prerequisite to City Council. Part of Cobb Fendley’s evaluation will also include
discussion of Cobb Fendley’s recommendation for a higher standard.
Staff recommends City Council consider adoption of Harris County’s recommended
minimum standards for drainage criteria.
ACTION REQUIRED BY CITY COUNCIL
Approve or Deny the proposed Amendments to Chapter 94 – Flooding and the
Public Improvement Criteria Manual (PICM) -Chapter 5 Stormwater.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-_________
AN ORDINANCE AMENDING CHAPTER 94 “FLOODS” OF THE CODE OF
ORDINANCESBY ADDING NEW DEFINITIONS AND INCORPORATING UPDATED
REGULATIONS RELATED TO FLOOD HAZARDS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94, “Floods”, of the La Porte, Texas,Code of Ordinances is hereby
amended in its entirety and shall hereinafter read as follows:
“Chapter 94- FLOODS
ARTICLE I. -IN GENERAL
Secs. 94-1—94-30. - Reserved.
ARTICLE II. -FLOOD HAZARD REDUCTION
DIVISION 1. -GENERALLY
Sec. 94-31. -Definitions.
Unless specifically defined below, words or phrases used inthis chapter shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of
erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant structure means a structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of moderate flood hazard is the land between the limits of the base flood and the 0.2-
percent annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled
with the letters B or X (shaded).
Area of future conditions flood hazard means the land area that would be inundated by the one
percent annual chance (100-year) flood based on future conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a
community's flood insurance rate map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. The area may be designated as zone A on
the flood hazard boundary map (FHBM). After detailed rate making has been completed in
preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE,
A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year.
Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Coastal AE zone means the area subject to inundation by the one-percent annual-chance flood
event that is also within the area of limited to moderate wave action as shown on the
community's FIRM.
Critical feature means an integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Development means any manmade change to improved and unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
Elevated building means, for insurance purposes, a non-basement building, which has its lowest
elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Existing construction means for the purposes of determining rates, structures for which the "start
of construction" commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing construction" may also be referred to as "existing
structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
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to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
Five-hundred (500) year floodplain elevation means the elevation of surface water resulting from
a flood that has a 0.2-percent chance of equaling or exceeding that level in any given year. The
500-year floodplain elevation is shown on the flood insurance rate map for zones B and X
(shaded).
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood insurance study (FIS). See "flood elevation study."
Floodplain or flood-prone area means any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term
describes such state or local regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
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Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. See "regulatory floodway."
Functionally dependent use means a use, which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic pre
servation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior or;
b. Directly by the Secretary of the Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
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connected to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on
a community's flood insurance rate map are referenced.
Moderate flood hazard area. See "area of moderate flood hazard."
New construction means, for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later,and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change
from a relatively steep slope to a relatively mild slope.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or
less when measured at the largest horizontal projections; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area." See "area of special flood hazard."
Start of construction (For other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the
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date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of
the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This term includes structures which have
incurred "substantial damage", regardless of the actual repair work performed. The term does not,
however, include either: (1) Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions or (2) any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
Variance means a grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Sec. 94-32. -Statutory authorization.
The Legislature of the State of Texas has in Article 8280-13 V.T.C.S. delegated the
responsibility of local governmental units to adopt regulations designed to minimize flood losses.
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Sec. 94-33. -Findings of fact.
(1) The flood hazard areas of La Porte, Texas are subject to periodic inundation, which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
Sec. 94-34. -Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood
blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 94-35. -Lands to which this article applies.
The article shall apply to all areas of special flood hazard and moderate flood hazard within
the jurisdiction of City of La Porte, Texas.
Sec. 94-36. -Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this article and other applicable regulations.
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Sec. 94-37. -Interpretation.
In the interpretation and application of this article, all provisions shall be; (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under state statutes.
Sec. 94-38. - Basis for establishing the areas of special flood hazard and moderate flood
hazard
.
The areas of special flood hazard and moderate flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering report entitled, "The
Flood Insurance Study (FIS) for City of La Porte, Texas" dated June 18, 2007, with accompanying
flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) dated June
18, 2007, and any revisions thereto are hereby adopted by reference and declared to be a part of
this article. A true and correct copy of said study and maps is on file in the office of the City
Engineer of the City of La Porte.
Sec. 94-39. -Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times
of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
Sec. 94-40. - Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
Sec. 94-41. -Warning and disclaimer of liability.
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The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be increased by manmade or natural
causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this article or any administrative decision lawfully made
hereunder.
DIVISION 2. -ADMINISTRATION
Sec. 94-61. -Designation of the floodplain administrator.
The city engineer or his/her designated appointee is hereby appointed the floodplain
administrator to administer and implement the provisions of this ordinance and other appropriate
sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain management.
Sec. 94-62. -Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the floodplain administrator shall include, but not be limited
to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(2) Review permit application to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this article.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the floodplain
administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating
agency which is Texas Commission on Environmental Quality, prior to any
9
alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(7)Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
withsection 94-38, the floodplain administrator shall obtain, review and reasonably
utilize any base flood elevation data and floodway data available from a federal,
state or other source, in order to administer the provisions of division 3.
(9) When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted within zones A1—30 and AE on
the community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in zones A1-30, AE, AH, on the community's FIRM which increases
the water surface elevation of the base flood by more than one foot, provided that
the community first completes all of the provisions required by Section 65.12.
Sec. 94-63. -Establishment of development permit.
A floodplain development permit shall be required to ensure conformance with the
provisions of this article.
Sec. 94-64. -Permit procedures.
(1) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard or moderate flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all
new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed;
(c) A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure shall meet the floodproofing criteria of section 94-87(2);
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(d)Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development;
(e)Maintain a record of all such information in accordance withsection 94-62(1);
(2) Approval or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
(a)The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
Sec. 94-65. -Variance procedures.
(1) The appeal board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this article.
(2) The appeal board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this article.
(3) Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(4) The floodplain administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of historic
places, without regard to the procedures set forth in the remainder of this article.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the relevant factors
in section 94-64(2) have been fully considered. As the lot size increases beyond the one-
half half acre, the technical justification required for issuing the variance increases.
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(7)Upon consideration of the factors noted above and the intent of this article, the appeal
board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this article (section94-34).
(8) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(9)Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a)Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b)Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined insection 94-65(1)—(9) are met, and
(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
Secs. 94-66—94-85. - Reserved.
DIVISION 3. -STANDARDS
Sec. 94-86. -General standards.
In all areas of special flood hazards and moderate flood hazards the following provisions
are required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
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(2)All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3)All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed and/or located to be elevated at least one foot above the base flood
elevation,so as to prevent water from entering or accumulating within the components
during conditions of flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(8) Compensating floodplain mitigation will be required for any fill placed below the riverine
base flood elevation and/or riverine 500-year floodplain elevation for any new construction or
substantial improvements.
Sec. 94-87. -Specific standards.
In all areas of special flood hazards and moderate flood hazards where base flood
elevation and/or riverine 500-year floodplain elevation data has been provided as set forth in
(i) section 94-38, (ii) subsection 94-62(8), or (iii) subsection 94-88(3), the following provisions are
required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated one
foot above the base flood elevation or at or above the riverine 500-year floodplain
elevation, whichever is higher. A registered professional engineer, architect, or land
surveyor shall submit a certification to the floodplain administrator that the standard
of this subsection as proposed in section 94-64(1)(a), is satisfied.
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to or above the base flood elevation or to
or above the riverine 500-year floodplain elevation, whichever is higher, base flood
level or together with attendant utility and sanitary facilities, be designed so that
below the base flood elevation or the riverine 500-year floodplain elevation,
whichever is higher; base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
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having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in relation to mean sea level) to
which such structures are floodproofed shall be maintained by the floodplain
administrator.
(3) Enclosures. New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking of vehicles,
building access or storage in an area other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a. A minimum of two openings on separate walls having a total net area of
not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within zone A on a
community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially
improved within zones A1-30, AH, and AE on the community's FIRM on
sites (i) outside of a manufactured home park or subdivision, (ii) in a
new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on
a permanent foundation such that the lowest floor of the manufactured
home, as well as any electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities affixed thereto, is
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elevated to or above at least one foot above the base flood elevationor
at least one foot above the riverine 500-year floodplain elevation,
whichever is higher, and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with zones A1-
30, AH and AE on the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that either:(i)the
lowest floor of the manufactured home is at least one foot above the
base flood elevation or at or above the riverine 500-year floodplain
elevation, whichever is higher. or
(ii)The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no less
than 36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
(5) Recreational vehicles. Require that recreational vehicles placed on sites within
zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway
use, or (iii) meet the permit requirements of section 94-64(1), and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
Sec. 94-88. -Standards for development proposals.
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with sections94-33, 94-34, and 94-39.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet floodplain development permit
requirements of section 94-63; section 94-64; and the provisions of division 3 of this
ordinance.
(3 ) Base flood elevation and/or riverine 500-year floodplain elevation data shall be
generated for subdivision proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is greater than 50 lots or
five acres, whichever is lesser, if not otherwise provided pursuant to section 94-38or
subsection94-62(8) of this article.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
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(5)All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
Sec. 94-89. -Standards for areas of shallow flooding.
Located within the areas of special flood hazard established insection 94-38, are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of one to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no depth number is
specified).
(2) All new construction and substantial improvements of nonresidential structures;
a. Have the lowest floor (including basement) elevated to or above the base
flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least two feet if no
depth number is specified), or
b. Together with attendant utility and sanitary facilities be designed so that
below the base specified flood depth in an AO zone, or below the base
flood elevation in an AH zone, level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
floodplain administrator that the standards of this section, as proposed in section
94-63 are satisfied.
(4) Require within zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
Sec. 94-90. -Floodways.
Located within areas of special flood hazard established insection 94-38of this chapter
are areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
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(1)Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologicand hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
(2) Ifsection 94-90(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
division 3.
(3) Under the provisions of 44 CFRChapter 1, Section 65.12, of the National Flood
Insurance Program Regulation, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first completes all of the provisions
required by Section 65.12.
Sec. 94-91. -Coastal high hazard areas.
Located within the areas of special flood hazard established insection 94-38of this
chapter are areas designated as coastal high hazard areas (zones V1-30, VE, and/or V). These
areas have special flood hazards associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, in addition to meeting all provisions outlined in this chapter, the
following provisions must also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a
basement. The floodplain administrator shall maintain a record of all such
information.
(2)All new construction shall be located landward of the reach of mean high tide.
(3)All new construction and substantial improvements shall be elevated on pilings
and columns so that:
(i)The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood
level;
(ii)The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Water
loading values used shall be those associated with the base flood. Wind
loading values used shall be those required by applicable state or local
building standards. A registered professional engineer or architect shall
develop or review the structural design, specifications and plans for the
construction, and shall certify that the design and methods of construction
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to be used are in accordance with accepted standards of practice for
meeting the provisions of (3)(i) and (ii) of this section.
(4) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structuraldamage to the elevated portion of the building or supporting foundation
system.
For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local or state codes) may be
permitted only if a registered professional engineer or architect certifies that the
designs proposed meet the following conditions:
(i)Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
(ii)The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading values
used shall be those associated with the base flood. Wind loading values
used shall be those required by applicable state or local building standards.
Such enclosed space shall be useable solely for parking of vehicles,
building access, or storage. Such space shall not be used for human
habitation.
(5) Prohibit the use of fill for structural support of buildings.
(6) Prohibit manmade alteration of sand dunes and mangrove stands that increase
potential flood damage.
(7) Manufactured homes. Require that manufactured homes placed or substantially
improved within zone V1-30, V, and VE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing manufactured home
park or subdivision, or (iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage" as the result of a
flood, meet the standards of paragraphs (1) through (6) of this section and that
manufactured homes placed or substantially improved on other sites in an existing
manufactured home park or subdivision within zones V1-30, V, and VE on the
community's FIRM meet the requirements of subsection 94-87(4) of this article.
(8) Recreational vehicles. Require that recreational vehicles placed on sites within
zones V1-30, V, and VE on the community's FIRM either (i) be on the site for fewer
than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or
18
(iii) meet the requirements insection 94-63of this article and paragraphs (1)
through (6) of this section. A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
Sec. 94-92. -Coastal AE zone.
Located within the special flood hazard area established in section 94-87 of this article are
areas within the AE flood zone designated for limited to moderate wave action. These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave
wash; therefore, all development must meet the criteria set forth in section 94-91 and subsection 94-
87(3) of this article.
Sec. 94-93. - Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,000.00 for each violation, with each day
constituting a separate violation, and in addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent City of La Porte from taking such other lawful action
as is necessary to prevent or remedy any violation.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($500.00).
Section 3.Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
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. Gov’t Code; and that this meeting has
19
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 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance.
PASSED AND APPROVED this the______ day of _________________, 2021.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVEDAS TO FORM:
Clark Askins, Assistant City Attorney
20
ORDINANCE NO. 2021-_________
AN ORDINANCE AMENDING CHAPTER 94 “FLOODS” OF THE CODE OF
ORDINANCESBY ADDING NEW DEFINITIONS AND INCORPORATING UPDATED
REGULATIONS RELATED TO FLOOD HAZARDS; PROVIDING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR
AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94, “Floods”, of the La Porte, Texas,Code of Ordinances is hereby
amended in its entirety and shall hereinafter read as follows:
“Chapter 94- FLOODS
ARTICLE I. -IN GENERAL
Secs. 94-1—94-30. - Reserved.
ARTICLE II. -FLOOD HAZARD REDUCTION
DIVISION 1. -GENERALLY
Sec. 94-31. -Definitions.
Unless specifically defined below, words or phrases used inthis chapter shall be interpreted to
give them the meaning they have in common usage and to give this ordinance its most reasonable
application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform
which originates at the apex and is characterized by high-velocity flows; active processes of
erosion, sediment transport, and deposition; and unpredictable flow paths.
Apex means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
Appurtenant structure means a structure which is on the same parcel of property as the principal
structure to be insured and the use of which is incidental to the use of the principal structure.
Area of moderate flood hazard is the land between the limits of the base flood and the 0.2-
percent annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled
with the letters B or X (shaded).
Area of future conditions flood hazard means the land area that would be inundated by the one
percent annual chance (100-year) flood based on future conditions hydrology.
Area of shallow flooding means a designated AO, AH, AR/AO, AR/AH, or VO zone on a
community's flood insurance rate map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. The area may be designated as zone A on
the flood hazard boundary map (FHBM). After detailed rate making has been completed in
preparation for publication of the FIRM, zone A usually is refined into zones A, AO, AH, A1-30, AE,
A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V.
Base flood means the flood having a one percent chance of being equaled or exceeded in any
given year.
Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
Breakaway wall means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
Coastal AE zone means the area subject to inundation by the one-percent annual-chance flood
event that is also within the area of limited to moderate wave action as shown on the
community's FIRM.
Critical feature means an integral and readily identifiable part of a flood protection system, without
which the flood protection provided by the entire system would be compromised.
Development means any manmade change to improved and unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials.
Elevated building means, for insurance purposes, a non-basement building, which has its lowest
elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
Existing construction means for the purposes of determining rates, structures for which the "start
of construction" commenced before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing construction" may also be referred to as "existing
structures."
Existing manufactured home park or subdivision means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are
2
to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
Five-hundred (500) year floodplain elevation means the elevation of surface water resulting from
a flood that has a 0.2-percent chance of equaling or exceeding that level in any given year. The
500-year floodplain elevation is shown on the flood insurance rate map for zones B and X
(shaded).
Expansion to an existing manufactured home park or subdivision means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation study means an examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Flood insurance rate map (FIRM) means an official map of a community, on which the Federal
Emergency Management Agency has delineated both the special flood hazard areas and the risk
premium zones applicable to the community.
Flood insurance study (FIS). See "flood elevation study."
Floodplain or flood-prone area means any land area susceptible to being inundated by water from
any source (see definition of "flooding").
Floodplain management means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain management regulations means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term
describes such state or local regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Flood protection system means those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed specifically to modify
flooding in order to reduce the extent of the area within a community subject to a "special flood
hazard" and the extent of the depths of associated flooding. Such a system typically includes
hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works
are those constructed in conformance with sound engineering standards.
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Floodproofing means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. See "regulatory floodway."
Functionally dependent use means a use, which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related manufacturing
facilities.
Highest adjacent grade means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of water so as
to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated
in accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor; provided
that such enclosure is not built so as to render the structure in violation of the applicable non-
elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
Manufactured home means a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
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connected to the required utilities. The term "manufactured home" does not include a "recreational
vehicle".
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on
a community's flood insurance rate map are referenced.
Moderate flood hazard area. See "area of moderate flood hazard."
New construction means, for the purpose of determining insurance rates, structures for which the
"start of construction" commenced on or after the effective date of an initial FIRM or after
December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such
structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
Primary frontal dune means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change
from a relatively steep slope to a relatively mild slope.
Recreational vehicle means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or
less when measured at the largest horizontal projections; (iii) designed to be self-propelled or
permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Sand dunes mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area." See "area of special flood hazard."
Start of construction (For other than new construction or substantial improvements under the
Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the
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date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for basement, footings, piers or foundations or the erectionof temporary
forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of
the building.
Structure means, for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure
before "start of construction" of the improvement. This term includes structures which have
incurred "substantial damage", regardless of the actual repair work performed. The term does not,
however, include either: (1) Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions or (2) any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
Variance means a grant of relief by a community from the terms of a floodplain management
regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program
regulations.)
Violation means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in Section
60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
Sec. 94-32. -Statutory authorization.
The Legislature of the State of Texas has in Article 8280-13 V.T.C.S. delegated the
responsibility of local governmental units to adopt regulations designed to minimize flood losses.
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Sec. 94-33. -Findings of fact.
(1) The flood hazard areas of La Porte, Texas are subject to periodic inundation, which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, and extraordinary public expenditures for flood protection and
relief, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains
which cause an increase in flood heights and velocities, and by the occupancy of flood
hazard areas by uses vulnerable to floods and hazardous to other lands because they are
inadequately elevated, floodproofed or otherwise protected from flood damage.
Sec. 94-34. -Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare and
to minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood
blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
Sec. 94-35. -Lands to which this article applies.
The article shall apply to all areas of special flood hazard and moderate flood hazard within
the jurisdiction of City of La Porte, Texas.
Sec. 94-36. -Compliance.
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this article and other applicable regulations.
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Sec. 94-37. -Interpretation.
In the interpretation and application of this article, all provisions shall be; (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed
neither to limit nor repeal any other powers granted under state statutes.
Sec. 94-38. - Basis for establishing the areas of special flood hazard and moderate flood
hazard
.
The areas of special flood hazard and moderate flood hazard identified by the Federal
Emergency Management Agency in the current scientific and engineering report entitled, "The
Flood Insurance Study (FIS) for City of La Porte, Texas" dated June 18, 2007, with accompanying
flood insurance rate maps and/or flood boundary-floodway maps (FIRM and/or FBFM) dated June
18, 2007, and any revisions thereto are hereby adopted by reference and declared to be a part of
this article. A true and correct copy of said study and maps is on file in the office of the City
Engineer of the City of La Porte.
Sec. 94-39. -Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times
of flood, or cause excessive increases in flood heights or velocities;
(2)Require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development which may increase
flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
Sec. 94-40. - Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
Sec. 94-41. -Warning and disclaimer of liability.
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The degree of flood protection required by this article is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare occasions
greater floods can and will occur and flood heights may be increased by manmade or natural
causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not
create liability on the part of the community or any official or employee thereof for any flood
damages that result from reliance on this article or any administrative decision lawfully made
hereunder.
DIVISION 2. -ADMINISTRATION
Sec. 94-61. -Designation of the floodplain administrator.
The city engineer or his/her designated appointee is hereby appointed the floodplain
administrator to administer and implement the provisions of this ordinance and other appropriate
sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program
Regulations) pertaining to floodplain management.
Sec. 94-62. -Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the floodplain administrator shall include, but not be limited
to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(2) Review permit application to determine whether to ensure that the proposed
building site project, including the placement of manufactured homes, will be
reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by
adoption of this article.
(4) Review permits for proposed development to assure that all necessary permits
have been obtained from those federal, state or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act Amendments of
1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the floodplain
administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state coordinating
agency which is Texas Commission on Environmental Quality, prior to any
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alteration or relocation of a watercourse, and submit evidence of such notification
to the Federal Emergency Management Agency.
(7)Assure that the flood carrying capacity within the altered or relocated portion of
any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
withsection 94-38, the floodplain administrator shall obtain, review and reasonably
utilize any base flood elevation data and floodway data available from a federal,
state or other source, in order to administer the provisions of division 3.
(9) When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted within zones A1—30 and AE on
the community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
(10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in zones A1-30, AE, AH, on the community's FIRM which increases
the water surface elevation of the base flood by more than one foot, provided that
the community first completes all of the provisions required by Section 65.12.
Sec. 94-63. -Establishment of development permit.
A floodplain development permit shall be required to ensure conformance with the
provisions of this article.
Sec. 94-64. -Permit procedures.
(1) Application for a floodplain development permit shall be presented to the floodplain
administrator on forms furnished by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions, and elevation of proposed
landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard or moderate flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure
shall be floodproofed;
(c) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria ofsection
94-87(2);
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(d)Description of the extent to which any watercourse or natural drainage will be
altered or relocated as a result of proposed development;
(e)Maintain a record of all such information in accordance withsection 94-62(1).
(2) Approval or denial of a floodplain development permit by the floodplain administrator
shall be based on all of the provisions of this ordinance and the following relevant factors:
(a)The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use.
Sec. 94-65. -Variance procedures.
(1) The appeal board, as established by the community, shall hear and render judgment on
requests for variances from the requirements of this article.
(2) The appeal board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this article.
(3) Any person or persons aggrieved by the decision of the appeal board may appeal such
decision in the courts of competent jurisdiction.
(4) The floodplain administrator shall maintain a record of all actions involving an appeal
and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of historic
places, without regard to the procedures set forth in the remainder of this article.
(6) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level, providing the relevant factors
in section 94-64(2) have been fully considered. As the lot size increases beyond the one-
half half acre, the technical justification required for issuing the variance increases.
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(7)Upon consideration of the factors noted above and the intent of this article, the appeal
board may attach such conditions to the granting of variances as it deems necessary to
further the purpose and objectives of this article (section94-34).
(8) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(9)Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary to
preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a)Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b)Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that
the structure will be permitted to be built with the lowest floor elevation below the
base flood elevation, and that the cost of flood insurance will be commensurate
with the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined insection 94-65(1)—(9) are met, and
(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety.
Secs. 94-66—94-85. - Reserved.
DIVISION 3. -STANDARDS
Sec. 94-86. -General standards.
In all areas of special flood hazards and moderate flood hazards the following provisions
are required for all new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
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(2)All new construction or substantial improvements shall be constructed by methods and
practices that minimize flood damage;
(3)All new construction or substantial improvements shall be constructed with materials
resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities
that are designed to be elevated at least one foot above the base flood elevation, so as to
prevent water from entering or accumulatingwithin the components during conditions of
flooding;
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the system and discharge from the systems into
flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(8) Compensating floodplain mitigation will be required for any fill placed below the riverine
base flood elevation and/or riverine 500-year floodplain elevation for any new construction or
substantial improvements.
Sec. 94-87. -Specific standards.
In all areas of special flood hazards and moderate flood hazards where base flood
elevation and/or riverine 500-year floodplain elevation data has been provided as set forth in
(i) section 94-38, (ii) subsection 94-62(8), or (iii) subsection 94-88(3), the following provisions are
required:
(1) Residential construction. New construction and substantial improvement of any
residential structure shall have the lowest floor (including basement), elevated one
foot above the base flood elevation or at or above the riverine 500-year floodplain
elevation, whichever is higher. A registered professional engineer, architect, or land
surveyor shall submit a certification to the floodplain administrator that the standard
of this subsection as proposed in section 94-64(1)(a), is satisfied.
(2) Nonresidential construction. New construction and substantial improvements of
any commercial, industrial or other nonresidential structure shall either have the
lowest floor (including basement) elevated to or above the base flood elevation or to
or above the riverine 500-year floodplain elevation, whichever is higher, or together
with attendant utility and sanitary facilities, be designed so that below thebase
flood elevation or the riverine 500-year floodplain elevation, whichever is higher; the
structure is watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and
13
hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall develop and/or review structural design, specifications, and plans for
the construction, and shall certify that the design and methods of construction are
in accordance with accepted standards of practice as outlined in this subsection. A
record of such certification which includes the specific elevation (in relation to mean
sea level) to which such structures are floodproofed shall be maintained by the
floodplain administrator.
(3)Enclosures.New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking of vehicles,
building access or storage in an area other than a basement and which are subject
to flooding shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or
architect or meet or exceed the following minimum criteria:
a. A minimum of two openings on separate walls having a total net area of
not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within zone A on a
community's FHBM or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement,
manufactured homes must be elevated and anchored to resist flotation,
collapse, or lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
b. Require that manufactured homes that are placed or substantially
improved within zones A1-30, AH, and AE on the community's FIRM on
sites (i) outside of a manufactured home park or subdivision, (ii) in a
new manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on
a permanent foundation such that the lowest floor of the manufactured
home, as well as any electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities affixed thereto, is
elevated at least one foot above the base flood elevationor at least one
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foot above the riverine 500-year floodplain elevation, whichever is higher,
and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse, and lateral movement.
c. Require that manufactured homes be placed or substantially improved on
sites in an existing manufactured home park or subdivision with zones A1-
30, AH and AE on the community's FIRM that are not subject to the
provisions of paragraph (4) of this section be elevated so that the lowest
floor of the manufactured home is at least one foot above the base flood
elevation or at or above the riverine 500-year floodplain elevation,
whichever is higher.
(5) Recreational vehicles. Require that recreational vehicles placed on sites within
zones A1-30, AH, and AE on the community's FIRM either (i) be on the site for
fewer than 180 consecutive days, or (ii) be fully licensed and ready for highway
use, or (iii) meet the permit requirements of section 94-64(1), and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices, and has no permanently attached additions.
Sec. 94-88. -Standards for development proposals.
(1) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall be consistent with sections94-33, 94-34, and 94-39.
(2) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet floodplain development permit
requirements of section 94-63; section 94-64; and the provisions of division 3 of this
ordinance.
(3 ) Base flood elevation and/or riverine 500-year floodplain elevation data shall be
generated for subdivision proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is greater than 50 lots or
five acres, whichever is lesser, if not otherwise provided pursuant to section 94-38or
subsection94-62(8) of this article.
(4) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(5) All subdivision proposals including the placement of manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize or eliminate flood damage.
Sec. 94-89. -Standards for areas of shallow flooding.
15
Located within the areas of special flood hazard established insection 94-38,are areas
designated as shallow flooding. These areas have special flood hazards associated with flood
depths of one to three feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow; therefore, the following provisions apply:
(1)All new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated to or above the base flood
elevation or the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no depth number is
specified).
(2)All new construction and substantial improvements of nonresidential structures;
a. Have the lowest floor (including basement) elevated to or above the base
flood elevation or the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least two feet if no
depth number is specified), or
b. Together with attendant utility and sanitary facilities be designed so that
below the base specified flood depth in an AO zone, or below the base
flood elevation in an AH zone, level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification to the
floodplain administrator that the standards of this section, as proposed in section
94-63 are satisfied.
(4) Require within zones AH or AO adequate drainage paths around structures on
slopes, to guide flood waters around and away from proposed structures.
Sec. 94-90. -Floodways.
Located within areas of special flood hazard established insection 94-38of this chapter
are areas designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of flood waters which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
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(2)Ifsection 94-90(1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of
division 3.
(3) Under the provisions of 44 CFRChapter 1, Section 65.12, of the National Flood
Insurance Program Regulation, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided that the community first completes all of the provisions
required by Section 65.12.
Sec. 94-91. -Coastal high hazard areas.
Located within the areas of special flood hazard established insection 94-38of this
chapter are areas designated as coastal high hazard areas (zones V1-30, VE, and/or V). These
areas have special flood hazards associated with high velocity waters from tidal surges and
hurricane wave wash; therefore, in addition to meeting all provisions outlined in this chapter, the
following provisions must also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures, and whether or not such structures contain a
basement. The floodplain administrator shall maintain a record of all such
information.
(2) All new construction shall be located landward of the reach of mean high tide.
(3) All new construction and substantial improvements shall be elevated on pilings
and columns so that:
(i)The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to or above the base flood
level;
(ii)The pile or column foundation and structure attached thereto is anchored
to resist flotation, collapse and lateral movement due to the effects of wind
and water loads acting simultaneously on all building components. Water
loading values used shall be those associated with the base flood. Wind
loading values used shall be those required by applicable state or local
building standards. A registered professional engineer or architect shall
develop or review the structural design, specifications and plans for the
construction, and shall certify that the design and methods of construction
to be used are in accordance with accepted standards of practice for
meeting the provisions of (3)(i) and (ii) of this section.
(4) Provide that all new construction and substantial improvements have the space
below the lowest floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
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structural damage to the elevated portion of the building or supporting foundation
system.
For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten and no more than 20 pounds per square foot. Use of
breakaway walls which exceed a design safe loading resistance of 20 pounds per
square foot (either by design or when so required by local or state codes) may be
permitted only if a registered professional engineer or architect certifies that the
designs proposed meet the following conditions:
(i)Breakaway wall collapse shall result from a water load less than that
which would occur during the base flood; and
(ii)The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural damage
due to the effects of wind and water loads acting simultaneously on all
building components (structural and nonstructural). Water loading values
used shall be those associated with the base flood. Wind loading values
used shall be those required by applicable state or local building standards.
Such enclosed space shall be useable solely for parking of vehicles,
building access, or storage. Such space shall not be used for human
habitation.
(5) Prohibit the use of fill for structural support of buildings.
(6) Prohibit manmade alteration of sand dunes and mangrove stands that increase
potential flood damage.
(7) Manufactured homes. Require that manufactured homes placed or substantially
improved within zone V1-30, V, and VE on the community's FIRM on sites (i)
outside of a manufactured home park or subdivision, (ii) in a new manufactured
home park or subdivision, (iii) in an expansion to an existing manufactured home
park or subdivision, or (iv) in an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial damage" as the result of a
flood, meet the standards of paragraphs (1) through (6) of this section and that
manufactured homes placed or substantially improved on other sites in an existing
manufactured home park or subdivision within zones V1-30, V, and VE on the
community's FIRM meet the requirements of subsection 94-87(4) of this article.
(8) Recreational vehicles. Require that recreational vehicles placed on sites within
zones V1-30, V, and VE on the community's FIRM either (i) be on the site for fewer
than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or
(iii) meet the requirements in section 94-63 of this article and paragraphs (1)
through (6) of this section. A recreational vehicle is ready for highway use if it is on
its wheels or jacking system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached additions.
Sec. 94-92. -Coastal AE zone.
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Located within the special flood hazard area established in section 94-87 of this article are
areas within the AE flood zone designated for limited to moderate wave action. These areas have
special flood hazards associated with high velocity waters from tidal surges and hurricane wave
wash; therefore, all development must meet the criteria set forth in section 94-91 and subsection 94-
87(3) of this article.
Sec. 94-93. -Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this article and other applicable regulations.
Violation of the provisions of this article by failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with conditions) shall constitute
a misdemeanor. Any person who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $2,000.00 for each violation, with each day
constituting a separate violation, and in addition shall pay all costs and expenses involved in the
case. Nothing herein contained shall prevent City of La Porte from taking such other lawful action
as is necessary to prevent or remedy any violation.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shallviolate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($500.00).
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
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. Gov’t Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effectivefourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
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hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance.
PASSED AND APPROVED this the______ day of _________________, 2021.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVEDAS TO FORM:
Clark Askins, Assistant City Attorney
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CHAPTER 5
STORMWATER DESIGN CRITERIA
5.1 GENERAL PROVISIONS
Drainage Criteria for development within the City of La Porte, and where applicable within La Porte’s
Extraterritorial Jurisdiction (E.T.J.) is dependent upon the size and type of development, the conditions
within the individual watershed, the conditions or design of the receiving stream, bayou, channel, roadside
swale, culvert, or roadway.
The basic objective of this policy is to minimize the threat of flooding to areas within the City and its E.T.J.
and to minimize the effect of continued development on individual watersheds.
1. The City believes that the best long-term means of accomplishing its objective is a continued
program of improvement and extension of the Harris County Flood Control District’s system of
open channels. This statement recognizes the technical reality that an essential prerequisite to an
effective flood control program is a system of open channels capable of carrying storm runoff of
any type in Harris County to Galveston Bay without adversely impacting existing urban areas
adjacent to the channels.
2. The City recognizes that both District’s and City’s existing open channel system is, in many
instances, inadequate to accomplish the goal of eliminating existing flooding conditions for
existing levels of urban development, or for ultimate development in the watershed.
3. The City therefore recommends that where required, certain additional flood control facilities be
utilized to supplement the open channel system. Such flood control facilities shall be designed to
preclude flooding in areas that do not presently flood and not increase flood levels where flooding
now occurs. Specifically, the City supports the use of storm water detention to supplement the
open channel system until long-term channel improvements can be completed, or as permanent
facilities where additional open channel improvements are not feasible. The result will be that
new development will limit or restrict the impact downstream.
5.1.1 All the drainage plans and construction shall meet or exceed the requirements of the City of La
Porte, Harris County Flood Control, Harris County, TxDOT, or any other entities having
jurisdiction over a facility (i.e. roadway, channel, etc.).
5.1.2 Unless otherwise provided for in these policies, development shall follow the Harris County Flood
Control District Criteria Manual for the design of Flood Control and Drainage Facilities in Harris
County, Texas.
5.1.3 If application of the policies and criteria contained in this document conflict with the City’s duties
under the Flood Hazard Prevention Ordinance, the regulations of the Flood Hazard Prevention
Ordinance shall apply.
5.1.4 Drainage structures shall be constructed in such locations and of such size and dimensions to
adequately serve the development and the contributing drainage area. In new developments, the
developer shall provide all the necessary easements and rights-of-way required for drainage
structures, including storm sewer and open or lined channels.
5.2 CONSTRUCTION PLAN REQUIREMENTS
5.2.1 A drainage map shall be included in the construction plans. The drainage area map shall include:
Stormwater Criteria Page 1 of 10
A. Drainage areas, including areas draining from off-site onto or adjoining the project
B. Design storm runoff, based on the type of facility and storm frequency listed in Section
5.4.
C. 100 – year runoff sheet flow pattern.
D.Route of overland flow including the overflow to a drainage channel or detention facility
E. Water surface profiles for the 25-year and/or 100-year storms in the outfall channel. All
available information will be considered when making this determination.
F. Flow per inlet
G. Maximum ponding elevation
H. For bridge designs the 100-year WSEL must be shown on the plans and the low chord of
the bridge must be a minimum of eighteen inches above the 100-year WSEL.
5.2.2 Detailed drainage calculations shall be submitted with the construction plans.
5.2.3 A lot grading plan should demonstrate that the finished grading plan will drain to approved
collection and discharge points and that the overland flow of water from adjacent properties will
not be impacted. In no instance will plans be approved without specific detail as to how the 100-
year event will sheet flow from the development to the outfall without adversely impacting
structures.
5.2.4 The hydraulic gradient for the design storm may be shown on the construction drawings.
Calculations for the elevation for the hydraulic gradient shall be provided with the design storm
drainage calculations. The hydraulic gradient must be below the gutter line for the design storm.
The tailwater elevations based on a 25-year frequency in the outfall channel shall be used for
calculations of the hydraulic gradient. If the 25-year WSEL is not available then use 80% of the
ultimate channel height. In areas which are tidally influenced the mean high tide elevation will be
used unless it is lower than the 25-year WSEL, in which case the higher value will be used. In
instances where the 25-year WSEL in the receiving channel is lower than the top of pipe then the
top of pipe shall be used as the starting point for HGL calculations.
5.3 USE OF PREVIOUSLY DESIGNED AND INSTALLED INFRASTRUCTURE
Situations where previously installed infrastructure is in place but not yet utilized to its design
capacity will be considered on a case by case basis. The developers engineer shall after
consultation with the City, prepare a report that:
a. outline the original design criteria
b. evaluates the impact of the original design on the receiving stream, adjoining
properties and/or the 100 year Floodplain.
Based on the report, the City Engineer may allow full or partial use of the previously installed
infrastructure and may require it to be supplemented with detention or other facilities.
5.4 STORM FREQUENCY, RUNOFF AND DATUM
A. Storm Frequency
All drainage improvements shall be designed for the following storm frequencies based
on Atlas 14 rainfall data for Harris County Region 3.
Type of Facility
Road Side Ditches and Culverts 3 year 5 year
Storm Sewers 3 year 5 year
Ditches & Culverts Drainage 100 acres and more 25 year
Bridges 100 year
Creeks 100 year
Stormwater Criteria Page 2 of 10
Detention Facilities Refer to Section 5.5
B. Storm Runoff
Design flow of storm water runoff is to be calculated using the Rational Method.
The Rational Method is based on the direct relationship between rainfall and runoff, and
the method is expressed by the following equation:
Q = CIA, where
Q is the storm flow at a given point in cubic feet per second (c.f.s).
C is a coefficient of runoff (see Table 1).
I is the average intensity of rainfall in inches per hour for a period equal to the
time of flow from the farthermost point of the drainage area to the point under
consideration. (See figure 1, I-D-F Curves and Figure 2, Determination of Time
of Concentration)
A is the drainage area in acres
The size and shape of the watershed must be determined for each installation. The area
of each watershed may be determined through the use of planimetric-topographic maps of
the area, supplemented by field surveys in areas where topographic data has changed or
where the contour interval is insufficient to adequately determine the direction of flow.
The outline of the drainage area contributing to the system being designed and outline of
the sub-drainage area contributing to each inlet point shall be determined.
When calculating the peak flow rate of storm water runoff, rainfall intensity will be
determined from the rainfall intensity, duration and frequency curves, shown in Figure 1.
The storm frequency used for this determination will be according to the facility to be
designed as listed in Section A.
1. Runoff Coefficients and Time of Concentration
Runoff coefficients, as shown in Table 1, shall be the minimum used, based on
total development under existing land zoning regulations. Where land uses
other than those listed in Table 1 are planned, a coefficient shall be developed
utilizing values comparable to those shown. Larger coefficients may be used if
considered appropriate to the project by the City Engineer.
The time of concentration is defined as the longest time, without unreasonable
delay, that will be required for a drop of water to flow from the upper limit of a
drainage area to the point of concentration. The time of concentration to any
point in a storm drainage system is a combination of the “inlet time” and the
time of flow in the drain. The inlet time is the time for water to flow over the
surface of the ground to the storm drain inlet. Because the area tributary to most
storm sewer inlets is relatively small, it is customary in practice to determine the
inlet time on the basis of experience under similar conditions. Inlet time
decreases as the slope and the imperviousness of the surface increases, and it
increases as the distance over which the water has to travel and retention by the
contact surfaces.
Time of concentration shall be computed from Figure 2 and in no case shall the
inlet time be more that the time shown in Table 1.
Stormwater Criteria Page 3 of 10
Table 1
Zone Zoning District Name Runoff Maximum Inlet
Coefficient “C” Time in Minutes
R-1Low Density Residential 0.50 15
R-2Mid Density Residential 0.60 15
R-3High Density Residential 0.80 10
MH Manufactured Housing District 0.55 15
NCNeighborhood Commercial District0.80 10
GCGeneral Commercial District 0.85 10
BI Business Industrial Park District0.85 10
LI Light Industrial0.85 10
HI Heavy Industrial0.85 10
PUD Planned Unit Development District variable 10 to 15
Miscellaneous Land Uses
Land Use Runoff Coefficient “C”
Church 0.70 to 0.90
School 0.50 to 0.90
Park 0.30 to 0.70
C. Datum
All drainage plans shall be prepared based on United States Geodetic Survey datum, 1978
adjustment, North American Vertical Datum of 1988, 2001 adjustment, consistent with
National Flood Insurance Program, Flood Insurance Study for the City of La Porte.
5.5 REQUIRED DETENTION
Detention will be required at a minimum rate of 0.55 acre-ft/acre of development unless outfalling directly
into a stream or body of water impacted by coastal flooding as determined by the FEMA Flood Insurance
Study or Flood profiles (i.e. tidal impacts, Stillwater elevations, storm surge). Minimum storage rate does
not apply for single family residential structure and/or accessory buildings proposed on an existing lot.
For projects outfalling to a stream or body of water that is impacted by coastal flooding, any increase in
flows for the 10- and 100-year events must be contained within the banks of the receiving stream or body
of water.
Hydrograph timing may not be used as a substitute for detention when detention is required.
5.5.1 Design Standards for Detention Basins
Detention requirements for developments less than 50 acres shall be according to the following table. For
developed areas of 10 acres or less, the required volume equals the total development area times the
appropriate storage coefficient. For areas greater than 10 acres and less than 50 acres the volume is
determined by applying Harris County Flood Control District criteria for small watersheds.
Table 2 (Also, See Figure 4)
Developed Area Storage Coefficient
0 to 3 1 acres 0.20 acre ft. / acre
3 1 to 10 acres 0.55 acre ft. / acre
Stormwater Criteria Page 4 of 10
10 to 50 acres per HCFCD criteria
For developments which are larger than 50 acres, Harris county Flood Control District and/or the City
Engineer shall approve the detention facility criteria, however, a minimum detention storage rate of 0.55
acre-ft/acre will be required.
5.2.2 Outlet Sizing
1. The outlet structure shall be designed using the orifice equation as follows:
½
Q = CA x (2gh)
Where,
C = 0.8
A = cross sectional area
g = 32.2 feet / sec^2
h = head differential
For head differential use 2’ or the 100-year water surface in pond minus the 25-year
water surface in receiving channel, if available.
2. Minimum restrictor shall be 6” diameter.
5.5.3 Additional Standards for Detention Basins
The detention facility shall be designed for easy maintenance. For smaller developments the designer is
encouraged to use parking lots, underground piping, swales, green spaces, etc. to achieve the volume
required.
For larger developments every consideration shall be given to designing of the facility for multipurpose
use, such as playgrounds, ballfields, miniparks, required green spaces, etc. to assure that maintenance will
be accomplished. The design shall include the following:
1. an earthen detention basin shall have minimum side slopes of 4:1 and a minimum bottom width
of ten feet;
2. the bottom of the detention basin shall have a minimum 0.50% cross slope to facilitate quick
drainage.
3. a v-shaped trickle channel a minimum of 5’ wide, six-inch thick, reinforced concrete shall be
constructed through the detention basin at a longitudinal slope of 0.20% to accommodate low flow
and facilitate rapid drainage. For developments less than 3 acres, the trickle channel may be 2 feet
wide and 4” thick.
4. a minimum 12-foot wide maintenance berm shall be provided around the perimeter of the
detention facility.
5. ingress and egress for maintenance including a dedicated right-of-way if required, shall be
provided to the detention basin and clearly shown on the construction drawings or site plan
subdivision plat.
6. the detention basins, slopes, bottom, maintenance berm, and other associated right-of-way shall
be final graded with a minimum of 6” top soil then hydro-mulch or drill-seeded and watered to
facilitate full grass coverage.
7. parties responsible for maintenance of the detention facility must be shown on the plat and or
plans.
8. Pumped detention systems may be allowed with specific approval from the City Engineer.
5.5.4 Ownership and Maintenance of Facilities
Stormwater Criteria Page 5 of 10
The City will not accept maintenance of on site facilities that serve only one tract or development, unless it
is determined to have other public benefits, is recommended by staff and approved by the Planning and
Zoning Commission.
Harris County Flood Control District may, at their discretion, accept maintenance of facilities, provided
they are designed in accordance with the District’s criteria manual. Requests for Harris County Flood
Control District to assume maintenance of any facility should be coordinated with the City prior to any
development approvals.
5.6 ADDITIONAL DESIGN REQUIREMENTS
5.6.1 Discharge Points
The developer shall terminate all drainage improvements at a discharge point approved by the City. The
developer shall design and construct such discharge point, or outlet, to prevent damage to or overflowing
into adjacent property. The City may require creek improvement, channel lining, energy dissipaters or
other improvements for such outlet to prevent erosion or increase the flow capacity.
Finished elevations of new pavement, parking areas, or other improvements shall be designed so that each
succeeding high point is lower when moving in a downstream direction. This ensures the 100-year
discharge has an unobstructed path to the discharge point whether discharging to a channel or detention
pond.
5.6.2 Public Streets as Drainage Facilities
1. Maximum depth of water to be allowed in local streets during design flow shall be at the top
crown, or top of curb, whichever is least less.
2. Maximum spread of water in collector streets during design flow shall allow for one clear lane
of traffic (12 feet wide).
3. Maximum spread of water in arterial streets during design flow shall allow for two clear lanes
of traffic (24 feet wide).
4. The street is to be designed to convey the 100-year event to the outfall point by successively
lower high points. A dedicated easement must be provided at the terminus to allow the 100-year
event to sheet flow to the ultimate outfall. In lieu of sheet flow it is allowable for the developer to
construct an underground system to convey the 100-year event.
5.6.3 Drainage Channels and Structures
1. The developer shall install an underground storm drain on curb and gutter streets beginning at
the point where calculated storm water runoff is of such quantity that it exceeds the height
specified above. The developer shall construct the storm drain system from the point to an
approved outlet.
2. For non-curb and gutter streets, the developer may use open channel (channel or ditch) methods
to dispose of storm water specified above. Such channels may be in dedicated draining easements
outside the standard street right-of-way upon City approval of the location and alignment of such
easements. Alternatively, the developer may widen the street right-of-way to accommodate an
open channel of greater capacity than the standard street/ditch section.
3. If the developer locates the channel in a widened street right-of-way, the City shall approve the
right-of-way width and channel configuration. The depth of flow in the channel shall not exceed
one (1) foot as measured from the ditch flowline to the point on the roadway established as the
high water level in this section.
4. The developer shall design and construct all channels to terminate at an approved outlet.
5.6.4 Habitable Structures
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The developer shall provide adequate means for storm water run-off in excess of the “design storm”
capacity (i.e., 3, 10-year storm) to flow around habitable structures.
a.) The developer shall provide a grading/drainage plan which shows that all building sites can
provide a finished floor elevation:
(1) At least one foot (1’) above the top of the curb using the highest point along the
portion of such curb fronting the building site, or
(2) At least eighteen inches (18”) one foot (1’) above the crown of the road elevation,
using the highest point along the portion of such road fronting the building site.
(3) At least one foot above the ground elevation along all sides of the building site.
b.) In addition to paragraph (a) above, the developer shall provide a grading/drainage plan which
meets or exceeds the provisions of Chapter 94, Code of Ordinances, Flood Hazard Reduction.
c.) The developer shall design and construct all streets to minimize any fill required to bring
building pads into compliance with this code.
d.) Alternate methods of building protection may be accepted by the City upon submittal of
detailed information, review and approval by the City Engineer.
5.6.5 Drainage System Criteria
If an underground drainage system is required, and a 60-inch or smaller pipe will handle the
design flow, pipe shall be used. If a 60-inch pipe is not adequate, the developer has the option to
use concrete pipe or natural and/or a lined open drainage channel. If pipe is selected, the
maximum allowable velocity shall be 8fps in the pipe. Lining materials, if used, shall be approved
by the City.
5.6.6 Public storm sewers are defined as sewers and appurtenances that provide drainage for a public
right-of-way, or more than one private tract, and are located in public right-of-way or easement,
private storm sewers provide internal drainage for a reserve or other tract. Private storm or sewer
connections to public storm sewers shall occur at a manhole or at the back of an inlet as approved
by the City Engineer. All private storm sewers within the public right-of-way shall be constructed
in conformance with the Standards.
5.6.7 All construction shall conform with the City of La Porte Construction Details.
5.6.8 All storm sewers shall meet or exceed the requirements of the “Drainage Criteria Manual for
Harris County, Texas” and the requirements of the City of La Porte.
5.6.9 All storm sewer shall be sized based on Atlas 14 rainfall data as described in Section 5.4. Any
new development proposed to discharge to a City of La Porte conveyance system (i.e. storm sewer system,
roadside ditch, etc.) will require detention at a minimum storage rate of 0.55 acre-ft/acre.
5.7 LOCATION OF STORM SEWER
5.7.1 Public storm sewers shall be located within a public street right-of-way or storm sewer easement,
dedicated to the public and adjoining a public street right-of-way. Storm sewers through side lot
drainage easements are highly discouraged. Limited use may be approved at the discretion of the
City Engineer. If approved, a minimum twenty-foot (20’) wide easement is required (10’ on each
lot).
5.7.2 Recommended alignment within a public street right-of-way.
A. Boulevard pavement section with median – along centerline of the right-of-way.
B. Undivided pavement section five feet (5’) inside the right-of-way. For storm sewer
located in a public street right-of-way, a minimum of two-foot (2’) shall be maintained
Stormwater Criteria Page 7 of 10
inside the right-of-way line to the outside edge of the storm sewer unless otherwise
accompanied by an adjacent easement.
C. Alternate locations for a storm sewer will be permitted by the City Engineer.
5.7.3 Recommended alignment within an exclusive storm sewer easement.
A. Storm sewers placed in easements shall conform to the requirements of Section 2.4.5
B. Storm sewers within easements shall be placed no closer than five feet (5’) measured
from the outside edge of the pipe to the edge of an easement, except when adjoining
another easement or public right-of-way where the distance may be reduced to two feet
(2’). The storm sewer shall be placed in the center of the easement. When the storm
sewer easement adjoins a public right-of-way, the easement may be reduced to a
minimum of ten feet (10’) and the storm sewer may be aligned close to the right-of-way
line, as long as required clearances are met, with specific approval of the City Engineer.
5.8 STORM SEWER MATERIALS
5.8.1 Storm sewer and culvert pipe shall be precast reinforced concrete pipe, unless specifically
approved by the City Engineer. Concrete pipe shall be manufactured in conformance with the
requirements of ASTM C 76, “Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe,”
current revision. Reinforced concrete pipe shall be Class III or stronger. The design engineer
shall provide for increased pipe strength when conditions of the proposed installation exceed the
allowable load for Class III pipe. All concrete pipe constructed in water-bearing soil or forty-two
inches (42”) in diameter or larger, shall have rubber gasket joints meeting the requirements of
ANSI/ASTM C 443, “Joints for Circular Concrete Sewer and Culvert pipe, Using Rubber
Gaskets”, current revision. Concrete pipe with diameter of less than forty-two inches (42”) may
be installed using pipe with tongue and groove type joint and Ram-nek, or approved equal, as a
joint filler. When specifically approved by the City Engineer, reinforced concrete arch and
elliptical pipe conforming to ASTM C506 and ASTM C507, respectively, current revision, may be
installed in lieu of circular pipe. Reinforced concrete box culverts shall meet the minimum
requirements of ASTM C789, “Precast Reinforced Concrete Box Sections for Culverts, Storm
Drains, and Sewers”, current revision. Pipe joints for arch and elliptical pipe and box culverts
shall be sealed using Ram-nek or approved equal.
5.8.2 Storm sewer outfalls into open channels shall be constructed using corrugated steel pipe.
Corrugated steel pipe shall be manufactured in conformance with the requirements of
AASHTO Designation M-36-82, current revision. Pipe material shall be Aluminized Steel Type
2, meeting the requirements of AASHTO Designation M-27-79I, current revision, or Pre-coated
Galvanized Steel, AASHTO M-246, 10 mil coating on both sides. All pipe shall have a full
double coating, Type A, in accordance with AASHTO Designation M-190, current revision. Pipe
joints and fittings shall meet the minimum requirements of these specifications and shall have an
O-ring gasket seal meeting the requirements of AASHTO C-361, current revision. (See City of La
Porte Construction Details).
5.8.3 Storm sewer outfalls shall have a slope protection to prevent erosion. Slope protection may be
constructed of slope paving or rip rap. Slope paving shall be four-inch (4”) five (5) sack concrete
with six-inch by six-inch (6” x 6”) welded wire mesh (W14 x W14) or three eighths inch (3/8”)
steel rebar on twenty-four-inch (24”) centers, each way. Rip rap shall be a minimum of six-inch
(6”) broken concrete rubble with no exposed steel or well-rounded stone and shall be a minimum
of eighteen inches (18”) thick. Slope protection texturing shall be required where public access
likely. Refer to the Construction Details for minimum dimensions.
5.9 ADDITIONAL REQUIREMENTS
Stormwater Criteria Page 8 of 10
5.9.1 Minimum depth of storm sewer (measured to the top of pipe) shall be twenty-four (24”) below the
top of curb or finished grade, whichever is lower. Minimum size storm sewer for main and
inlet lead shall be eighteen inch (18”) twenty-four inches (24”).
5.9.2 Storm sewers shall be bedded using cement stabilized sand (see specification in Section 4.2.3) as
shown in the City of La Porte Construction Details.
5.9.3 Pipe requirements.
A. Reinforced concrete pipe installed at a depth greater than thirty feet (30’) shall be designed by the
engineer for the specific installation and approved by the City Engineer, Reinforced concrete pipe
shall be designed in accordance with the American Concrete Pipe Association, “Concrete Pipe
Design Manual”, Maximum cover on the pipe shall be measured from the top of pipe to the
ultimate finished grade or natural ground, whichever is greater.
B. Corrugated steel pipe shall have a minimum thickness as follows:
PIPE SIZE MINIMUM THICKNESS
(Inches) Corrugations (Inches)
242-2/3” X 1/2” 0.052
30- 482-2/3” X 1/21 0.064
54- 723’t X 1” or 511 X 1” 0.064
78- 102311 X 1” or 5” X 1” 0.079
Bedding for corrugated steel pipe shall be cement-stabilized sand. Corrugated steel pipe less than
or equal to fifty-four inches (54”) in diameter and less than thirty feet (30’) deep shall have the
minimum thickness given above.
C. Design storm flow in a street shall not exceed the capacity of the street, for the water surface equal
to the top or curb and shall not exceed the inlet capacity. Design storm flow shall meet Harris
County criteria.
D. All bridges must be a minimum of eighteen inches (18”) above the 100-year water surface
elevation or in accordance with the Federal Emergency Management Agency (FEMA)
regulations , latest revisions, or HCFCD requirements, whichever is greater.
5.9.4 Storm sewers less than forty-two inches (42”) in diameter shall be constructed on a straight
horizontal and vertical alignment between manholes. Storm sewers greater than or equal to forty-
two inches (42”) in diameter may be laid along a curve using manufactured bends of less than or
equal to 11¼’.
5.10 APPURTENANCES
5.10.1 Manholes
A. Manholes shall be placed at all changes in alignment, grade and size of the storm sewers;
at the intersection of two or more storm sewers; at all inlet leads; and at the end of all
storm sewers.
B. Maximum spacing between manholes shall be six hundred feet (600’) four hundred feet
(400’).
C. Manhole covers shall be cast iron, traffic bearing, type ring and cover with the words
“storm sewer” cast into the cover.
Stormwater Criteria Page 9 of 10
5.10.2 Inlets
A. Curb inlets shall be spaced and sized to intercept the calculated runoff for the design
storm. The water surface elevation at the inlet shall be less than or equal to the top of
curbgutterfor the design storm flow.
B. Maximum travel distance of water in the street to a curb inlet shall be three hundred feet
(300’) on a major thoroughfare and in a commercial area. The maximum travel distance
of water in the street permitted in a single-family residential area shall be four hundred
feet (400’).
C. No Valley Gutter without prior approval.
D. Curb inlets should be on the intersecting side street at intersections with a major
thoroughfare. The City Engineer shall specifically approve locations at intersections.
E. Grated inlets will not be permitted in an open ditch.
F. Backslope swale interceptors shall be placed in accordance with the requirements of
Harris County.
G. Curb inlets shall have solid inlet lids. Grate or Curb and Grate inlets shall not be allowed
for residential subdivisions. Curb inlets shall be recessed, unless otherwise directed by
the City Engineer.
H. Backfill around inlets and to top of first stage inlet with cement stabilized sand.
Stormwater Criteria Page 10 of 10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
001 General Fund
Source of Funds:
Requested By: Carl Holley, Fire Chief
Department: Fire
Various
Account Number:
$20,000
Amount Budgeted:
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance 2021-3829
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The La Porte Fire Department is recommending City Council to move forward with the
implementation of Key Access Boxes, which allows the Fire Department to enter a
solution to provide rapid access for first responders in fire emergencies without having
to cause costly damage to a structure or gate using a forcible entry tool. The keys for
the building or property are stored in the box and only the La Porte Fire Department
can gain
rapid access into secure perimeters, gates, buildings, campuses, residential and
commercial properties. The master key is stored in a secure key retention device on
fire apparatus that provides accountability on access and records an audit trail when
the key is accessed by personnel. The primary focus of the ordinance would be
commercial properties that do not have 24 hour access, or have limited access,
properties with high life safety concerns like gated apartments, townhomes, and gated
housing subdivisions. Apartments, townhomes and subdivisions without access gates
would not be required to install individual key access boxes on each unit, unless they
would like to install the residential model. La Porte Independent School District
buildings would not be affected as the City and the District work together with their key
card access systems providing access to all school buildings for Fire Officers. Currently,
there are 941 commercial properties in the City.
The International Fire Code, 2018 Edition, Section 506.1 adopted by the City Council
on September 28, 2020 allows the City of La Porte to require a locking key box to be
restricted because of secured openings or where immediate access is necessary for
life-saving or firefighting purposes, the fire code official is authorized to require a key
box to be installed in an approved location. The key box shall be of an approved type
listed in accordance with UL 1037, and shall contain current keys to gain necessary
ernational Fire Code, 2018 Edition, Section 506.1.1 and
La Porte Ordinance 2020-3804.)
The City of La Porte will utilize key access equipment sold by the Knox Company. This
key access equipment will be required on all commercial establishments, and gated
current price for a standard commercial Knox Box is $429. The key access box will be
shipped to the purchaser with installation being coordinated through the LPFD, typically
on the exterior of the building to the right of the main entrance, no higher than 6 feet
above grade, or on a main entrance gate or other access point.
The La Porte Fire Department has budgeted $20,000 to help assist local business
owners who may have a financial hardship with purchasing the Key Access box.
Hardship would be determined on a case by case basis and would be limited to locally
owned businesses that are not franchised and employ fewer than 20 employees. An
application for assistance would have to be submitted to the LPFD with approval from
concerning these Key Access Boxes and these procedures would go into effect 30 days
after approval by City Council with a one (1) year effective date of the Ordinance.
ACTION REQUIRED BY CITY COUNCIL
Adopt Ordinance 2021-
Ordinances of the City of La Porte, Texas, by adopting
regulations mandating installation of key access boxes at certain commercial
and residential facilities to expedite fire department ingress during an
emergency.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3829
CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADPOTING REGULATIONS
MANDATING INSTALLATION OF KEY ACCESS BOXES AT CERTAIN COMMERCIAL AND
RESIDENTIAL FACILITIES TO EXPIDITE FIRE DEPARTMENT INGRESS; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1:
P
which article shall hereinafter read as follows:
- KEY ACCESS BOXES AND EMERGENCY ACCESS SYSTEMS
Sec. 38-220. - Key access box for commercial and high-occupancy residential structure.
(a) The owner of any commercial or high-occupancy residential structure constructed in the city shall install
on such structure a key access box after the effective date of this ordinance. Also, the owner of any existing
commercial or high-occupancy residential structure shall install on such structure a key access box within one
(1) year after the effective date of this ordinance. The key access box shall be of a type, and installed in a
location and in a manner, in accordance with guidelines established by the Fire Department. In cases of newly
constructed structures approved by the fire marshal; approval by the Fire Department of the type of key access
box installed and the location and manner of installation shall be obtained before, and shall be a condition of,
the issuance of a final certificate of occupancy for the structure.
(b) The owner or occupant of a commercial structure to which the provisions of this article apply shall maintain
in such key access box at all times a key for each locked point of entry or exit, whether on the interior or exterior
of the structure; for each locked mechanical room, for each locked elevator room, for each fire alarm or sprinkler
system control room; and for any other areas as directed by the fire official. Each such key shall be labeled in
a way that will enable the Fire Department to determine which lock it operates.
(c) The owner or occupant of any commercial or high-occupancy residential structure to which this article
applies shall immediately notify the Fire Department and provide a replacement key for the key access box if,
for any reason, the condition of a key access box requires that its key and/or the access box needs be replaced.
It is the responsibility of the occupant to maintain the key access box so that it is in good working order and is
easily visible by Fire personnel.
(d)Access boxes and keys will be inspected annually by the fire marshal for compliance and if out of compliance
given seven (7) working days to meet the requirements of the this ordinance.
(e) If found by the fire department during a response, the fire marshal will be contacted, which an inspection will
be schedule for compliance.
(f) For purposes of this article, a commercial structure is any building or facility other than a single-family
dwelling, duplex, tri-plex, or quadraplex.
(g) For purposes of this article, a high-occupancy residential structure is a townhouse, condominium, or any
multifamily building designed to accommodate more than four (4) family dwelling units, regardless of zoning
district.
Sec. 38-221. - Gated property access.
(a) The owner or occupant of any apartment complex, storage facility, residential community or other
commercial development having gated access that may impair fire department emergency access, as determined
by the fire marshal, shall install a key access box of a type approved by the Fire Department to allow for access
through the gate.
(b) If the gate is electrically operated, the gate activation mechanism shall be equipped with a key switch which:
(1) Is compatible with the fire department key access box system;
(2) Shall cause the gate to open fully and remain open for the fire apparatus access until the key switch
is returned to the "off" position; and
(3) Will enable the fire department master key to be removed with the switch in the "on" position.
If the gate is not electrically operated, it shall be secured in such a manner that fire department access is possible
using the fire department key access box system.
(a) In cases of newly constructed gate structures approved by the fire marshal, the type of key access box
installed and the location and manner of installation of the gate structure shall be determined by the Fire
Department before, and shall be a condition of, the issuance of a permit for the structure. The owner or occupant
of any such gated structure to which this article applies and which was existing at the time of the effective date
of the ordinance, shall have one (1) year from the effective date of the ordinance to install a key access box.
(b) Access boxes and keys will be inspected annually by the fire marshal for compliance and if out of
compliance given seven (7) working days to meet the requirements of the this ordinance.
(c) If found by the fire department during a response, the fire marshal will be contacted, which an inspection will
be schedule for compliance.
Sec. 38-222. - Penalties for noncompliance.
Any person who violates this article or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than $2,000.00 for each violation, with each day constituting a separate violation.
Nothing herein contained shall prevent City of La Porte from taking such other lawful action as is necessary to
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the
ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed
TWO THOUSAND DOLLARS ($2,000.00).
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been
separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or
unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict
only.
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.
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 6. This Ordinance shall be effective thirty (30) days after its passage and approval. The City Secretary
shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official
newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this the______ day of ______________, 2021.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark Askins, City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds:
Requested By: Louis R. Rigby, Mayor
Department: City Council
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: None
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
On May 1, the voters adopted all of the recommendations of the Charter Review
Commission. Once canvassed, the updates are in effect. The Council may choose to
include in its Rules of Procedure and Ethics Policy information to address how some of
the items will be handled, such as Councilperson absences from Council meetings.
Additionally, Councilpersons may wish to discuss and propose amendment to other
portions of the document.
ACTION REQUIRED BY CITY COUNCIL
Should changes be desired, it would be appropriate to direct staff to bring an
ordinance for amendment of the City Council Rules of Procedure and Ethics
Policy.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds:
Requested By: CMs Bentley, Engelken, Lunsford
Department: City Council
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Letters to the Editor, 4-29-21 BAO
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
Attached are two letters from residents printed in the April 29 edition of the Bay Area
Observer concerning City transparency and information. The Observer closes each
Monday at 5 p.m. for its Thursday publication.
State law requires that City agendas are posted 72 hours (three days) before a meeting
(1 hour for emergency meetings). Currently, the City Council and Council committee
agendas are posted and publicly available on Tuesday prior to the Monday meetings
uld like the
Council and City Manager to consider whether the agenda could be posted a day earlier
to allow the Observer to publish it. (This is not a request that the City pay for regular
to Councilperson Bentley that she would
be willing to print the agenda information.)
Should this change be approved, it will require an update by ordinance to the City
Council Rules of Procedure.
ACTION REQUIRED BY CITY COUNCIL
Discussion and possible request for ordinance to update the City Council Rules
of Procedure regarding agenda deadlines.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: May 24, 2021
Source of Funds:
Requested By: CMs Bentley, Engelken, Lunsford
Department: City Council
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Letters to the Editor, 4-29-21 BAO
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
Attached are two letters from residents printed in the April 29 edition of the Bay Area
Observer concerning City transparency and information. The sponsors of this item
would like the Council and City Manager to consider ways in which the website can be
made more user-friendly.
ACTION REQUIRED BY CITY COUNCIL
Discussion and possible request for updates to the City website.