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Home My WebLink About10-11-21 Regular Meeting LOUIS R. RIGBY BILL BENTLEY Mayor CouncilpersonDistrict 3 BRANDON LUNSFORD THOMAS GARZA CouncilpersonAt Large A CouncilpersonDistrict 4 BRENT McCAULLEY JAY MARTIN CouncilpersonAt Large B Mayor Pro Tem MANDI WILLIAMS CouncilpersonDistrict 5 CouncilpersonDistrict 1 ROBBIE McLARRIN CHUCK ENGELKEN CouncilpersonDistrict 6 Councilperson District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 27, 2021 The City Council of the City of La Portemet in a regularmeetingonMonday, September 27, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m.,with the following in attendance: Councilpersons present: Louis Rigby,Brandon Lunsford,Brent McCaulley, Mandi Williams, Chuck Engelken,Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: None Council-appointed officers present:Corby Alexander, City Manager;Lee Woodward, City Secretary; Clark Askins, AssistantCity Attorney CALL TO ORDER Mayor Rigbycalled the meeting to order at6:00p.m. 2.INVOCATION The invocation was given by Pastor Philip Dunn, Lighthouse Baptist Churchand pledgeswereled by Councilperson Brent McCaulley. 3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a.Recognition of City employees for years of service. \[Louis R. Rigby, Mayor\] 4.CITIZENCOMMENT(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.) Sue Sabinspoke of her displeasure regarding the approval of the zone change at Main and Utah, of her happiness at e Department for picking up all the natural waste after Hurricane Nicholas. Terry Matthews thanked Mayor Pro Tem Martin for his assistance and discussed theongoing property dispute with her neighbortorequest enforcement of local ordinances. 5.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a.Approve the minutes of the regular City Council meeting held on September 13, 2021. \[Louis R. Rigby, Mayor\] b.Approve thereappointment of Andy Wilborn to the District 3 position on the Fire Code Review Board. \[Louis R. Rigby, Mayor\] c.Ratify and approve proposed policy to waive residential permit fees related to repairs necessitated by Hurricane Nicholas. \[Teresa Evans, Director of Planning & Development\] d.Adopt Resolution 2021-56, authorizing the City Manager to sign the S.T.E.P. Comprehensive grant award and associated documents for the TXDOT S.T.E.P. Comprehensive Grant Award. \[Steve Deardorff, Chief of Police\] Page 1of 3 September 27,2021,Council Meeting Minutes e. Adopt Resolution 2021-57 authorizing the City Manager to sign the TXDOT S.T.E.P. Grant award and associated documents for the TXDOT Commercial Motor Vehicle S.T.E.P. Grant. \[Steve Deardorff, Chief of Police\] f. Award RFP #21502 Collection and Disposal of Containerized Solid Waste to Waste Corporation of Texas d/b/a GFL Environmental and authorize the City Manager to execute a franchise contract for an initial 5-year service term. \[Ray Mayo, Director of Public Works\] g. Authorize the City Manager to purchase Cityworks software using a cooperative contract, for a three-year expenditure totaling $118,055.56. \[Ray Mayo, Director of Public Works\] h. Authorize the City Manager to execute a contract with GrantWorks, Inc. for grant administration services based on the proposal provided in response to RFP #21503 (Administration Services for ARP Act of 2021) for grant application preparation and overall management of grant program projects. \[Lorenzo Wingate, Asst. Dir. of Public Works\] Councilperson Garza pulled item f. Tony Emilio of Green For Life Environmental (GFL) discussed the WCA/GFL merger and contract and answered Council inquiries. Councilperson Garza moved to not approve the award of the RFP in item 7 and allow the current solid waste contract to lapse. The motion was ruled out of order and was not considered. Councilperson Garza moved to postpone the item until the October 11 City Council meeting and ask staff to poll the 400 businesses in La Porte to renew the contract with this company; the motion was not seconded and was not considered. Councilperson Bentley moved to adopt consent items a-e, g, and h; the motion was seconded by Councilperson Engelken; the motion was adopted, 9-0. Councilperson Bentley moved to award RFP #21502 Collection and Disposal of Containerized Solid Waste to Waste Corporation of Texas d/b/a GFL Environmental and authorize the City Manager to execute a franchise contract for an initial 5-year service term; the motion was seconded by Councilperson Lunsford; the motion was adopted, 8-1, Councilperson Garza voting against. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3845 Special Conditional Use Permit #21-91000005, amending the Port Crossing SCUP #15- 91000004 regarding building height and facade requirements for buildings constructed adjacent to State Highway 146 on a 7.66-acre tract of land, legally described as Reserve E, Block 4, Port Crossing Amending Plat, in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2021- granting Special Conditional Use Permit #21-91000005, amending the Port Crossing SCUP #15-91000004 regarding building height and facade requirements for buildings constructed adjacent to State Highway 146 on a 7.66-acre tract of land, legally described as Reserve E, Block 4, Port Crossing Amending Plat, in the Planned Unit Development (PUD) zoning district. \[Teresa Evans, Planning and Development Director\] Mayor Rigby opened the public hearing at 6:52 p.m. Karl Hilprecht of AKA responded to Council inquiries. Mayor Rigby closed the public hearing at 7:05 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3845 amending the Code of Ordinances of the City of La Porte, Chapter -91000005, amending the Port Crossing SCUP #15-91000004 regarding building height and facade requirements for buildings constructed adjacent to State Highway 146 on a 7.66-acre tract of land, legally described as Reserve E, Block 4, Port Crossing Amending Plat, in the Planned Unit Development (PUD) zoning district; the motion was seconded by Mayor Pro Tem Martin; the motion was adopted, 8-1, Councilperson Garza voting against. Page 2 of 3 September 27, 2021, Council Meeting Minutes 7. STATUTORY AGENDA a. Presentation, discussion, and possible action to adopt Ordinance 2021-3846, setting the City of La Porte's ad valorem tax rate for the 2021-22 Fiscal Year. \[Michael Dolby, Finance Director\] Councilperson Garza moved to approve a $0.70 tax rate for the 2021-22 ad valorem tax rate; the motion was not seconded and was not considered. Councilperson McCaulley moved to adopt Ordinance 2021-3846, setting the City of La Porte's ad valorem tax rate for the 2021-22 Fiscal Year; the motion was seconded by Councilperson Bentley. The motion was adopted, 8-1, Councilperson Garza voting against (roll call vote). 8. REPORTS a. Receive report on the La Porte Development Corporation Board meeting. \[Councilperson Engelken, Chair\] Councilperson Engelken shared that the Board approved: a grant for 831-901 South Broadway, publishing notice of the 60-day comment period for CIP projects, funding for the La Porte Gold Star Families Monument, updates to the Enhancement Grant Program policy, and a proposal for financial incentives and publication of a 60-day notice for comment on the Battleground Saloon project. 9. ADMINISTRATIVE REPORTS Drainage and Flooding Committee meeting, Oct. 11 City Council meeting, Oct 11 Planning and Zoning Commission meeting, Oct. 21 City Council meeting, Oct. 25 Zoning Board of Adjustment meeting, Oct. 28 City Manager Alexander said there were no reports. 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 employees recognized for years of service; thanked Public Works for their work on Hurricane Nicholas storm recovery, as well as emergency services teams who kept everyone safe during the storm; congratulated Johnny Morales on his new position in Texas City and expressed that the City was sorry to lose him; and expressed feeling slighted that GFL sent a six-month employee to speak to the Council and asked that GFL contract be reviewed in six months to a year. ADJOURN Without objection, the Council adjourned at 7:24 p.m. _______________________________ Lee Woodward, City Secretary Page 3 of 3 September 27, 2021, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 N/A Requested By:Teresa Evans, Director Source of Funds: Department:Planning and Development N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance N/A Amount Requested: Exhibits:Map of MobileHome Parks;Ordinance2021- Budgeted Item:YesNo 3840 SHOWING CHANGES; Ordinance 2021-3840 CLEAN. SUMMARY& RECOMMENDATION A prospective buyer foran existing manufactured homepark located at 10914 N. L Street approached the Planning Departmentwith a request to provide a letter stating that the use of recreational vehiclesispermitted within manufactured housing parks.At this time,12of17 spacesat this manufactured housing parkare being usedby recreational vehicles. While researching the issue, staff identified a contradiction in the city code regarding the use of recreational vehicles. Chapter 106 –Zoning definesmanufactured housing parks as a development under single ownership intended for the rental or leasing only of manufactured housing units andrecreationalvehicles. Chapter 98 –Mobile Homes and MobileHome Parksprovides definitions for bothmobile homes and manufactured homes. The mobile home definition is silent on recreational vehicles. The manufactured home definition outright excludes recreational vehicles frombeing identified as manufactured homes. Per Section 98-4, the higher standard shall govern when there is a conflict with the zoning chapter. Staff concluded that Chapter 98 is the governing standard and only manufactured or mobilehomes are permitted within mobile/manufacturedhome parks andthe use of recreational vehicles isnotpermitted. In orderto rectify this contradiction and bring Chapter 98 into alignment with the zoning code, staff and legal have proposedamendments to Chapter 98 that willprovide additional detail andpermit the use of recreational vehicles within all existing mobile/manufacturedhome parksin the City of La Porte. Refer to the attached map for information regarding the location and number of pad sites for registered Manufactured Home Parks in the City of La Porte. The proposed amendments to Chapter 98 follow: 1.Amend the definitionof mobile home park to include manufacturedhomes, or recreational vehicles. 2.Definerecreational vehicle. 3.Amend Section 98-2 to include manufactured home, or recreational vehicle. Staff recommends City Council consider amendments to Chapter 98 to allow for recreational vehicles within mobile/manufactured home parks. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinance2021-3840 amending Chapter 98 of the City of La Porte Code of Ordinances to allow for recreational vehicles within mobile/manufacturedhome parksin the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date CITY OF LA PORTE PLANNING AND DEVELOPMENT MAP PREPARED: SEPTEMBER 2021 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 MOBILE HOME COMMUNITIES Map Imagery Disclaimer: The 2020 Aerial Imagery Data is the sole property of Houston-Galveston Area Council, which reserves all rights thereto. Use or reproduction of this data is strictly prohibited absent written consent from the Houston - Galveston Area Council, which may be contacted at www.h-gac.com. SEPTEMBER 2021 Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does CITY HALL not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encour- The City of La Porte embraces its heritage, 604 WEST FAIRMONT PARKWAY aged to independently verify all information contained in this product. The City of LA PORTE, TEXAS 77571 La Porte makes no representation or warranty as to the accuracy of this product community values, and opportunities, while or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, LAPORTETX.GOV WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) re- improving the quality of life for our residents. leases the City of La Porte from any damage, loss, or liability arising from such use. 281.471.5020 FamtraHdern Begdir Larcy 225 Iyrtsudn C lortnoTecivreS( cemiPtro AwhtuoS- sagrie,tsC)retne EetroPnolecx aLLetroP a Prewo GonhceTnarbludseigolnes KetroPaLyararu er Park Housto nShipC hannel N.CLL,xetlo AtcudorPrisaL- Petro AecaI yrDsagri Cavetro IroPaL -lugretnfet ES HT31 T CetroPaLuomehrs IograCyrtsudn wreta K- eitaNneota LetroP a RskcarTdaorlia P RETRORD Iyrtsudn PTC EKI L otnicaJS rewoayaBn wreta wreta µ Famerork HdnalsIggo PoP aL - riaxarIetrcn SdnalsInamlip SotnicaJna Bya HNOTSUO RD SroineSsilado Lgnivi LNL YKCU MD YSSO R MEMUNONDR T PecivreSriaxar, I.cn OP AL DLODR ETR SCAJ NAIRD OTN DMS FAEIRD HT BRAD SIOCRD AD OMALR wreta BD RAXER wreta BLGRAIRENL N CEKCORTRD T MTRAC CYNL wreta wreta LemtrapAxamonst wreta UeciffOsoP St BD EIWOR G NEDLO ST wreta CSSERPY NL TnisaBgninru wreta wreta NTS P MRD MALI wreta NTS P wreta NTS P wreta BTSIV YAA NTS P bbteksaall SWEIV YK GM NEERE WODADR NkraPewhtrost wreta RskcarTdaorlia wreta porgyaludnP1 etaGHO LanerAxamo NlooPewhtrost wreta LB ELTTIRKOO WVWOLLI ITS WE wreta wretaEtcudorPrpretni- ses MnagrostnioP BSKOORIRD ED PRBNIALODR KO porgyaludn srecco NS HT81 T wrewotretaPtirohtuAH fo troobraB( ynotsuosru CmreT tui)lan PRBNIALOKO wreta BanimreTruobrasltuC wreta S TESNUREGDI CetroP aLC dlihaer BVKOORIRD WE 3 DcilbuPaP reerk Lyrarbiwreta NTS L S TESNUREGDI porgyaludn P2 etaGHO EOOWMLFRCDLEIERD TS DEVA ETEBAZILHNL NTS L BGNIZAL TC RATS PreliarTtso Pkra SNAVILLU DR LnemelExamotyra L wrewotretawrewotretaSloohc FRC DLEIETS tkcar MtnioPnagro'sP3 etaGHO P02 etaGHOCetemery srecco DsetiuS &nI syan GtsitpaBecarbnyW ydma Chcruh porgyaludn wreta wreta BGNIZAL RD RATS FVOLGXONTS L P6 etaGHOP3 etaGHO ERD LcS hgiH xamoJloohroinu P8 etaGHO PB4 etaGHO S2 egat bdleifabesall wreta ttruocsinneBanimreTruobrasltuC P7 etaGHO BanimreTruobrasltuC P21 etaGHO wreta NTS J P3 egatSaG HOt4/eBgnihsiFetsellar Aaer T HSURHST VALOI P61 etaGHO 4 WTS NER ToM alliVP ytinireelibnac HP emoakr LEINNIVO wreta SWORRAP TS MELPA wreta CANIDRALTS FNALRIAE Morgan's RskcarTdaorlia LMOL COANL UtsitpaBwrednodo Chcruh BRIBEULDNL FhcruhCaB tsriptsit oamoL fx 5 HGNIMMUBDRI LMOL CO 6 ANL Point NTS H EBRAB OSRU B TUCLDV DD ENAU RTS NIBOR wreta WRAB BSRUO B TUCLDV BNAHCU wreta ANWRAB BSRUO B TUCLDV PaG HOtcehcerPTCB ek WRAB BSRUO B TUCLDV wreta GkraPsemir wreta wreta NEMLOH SEVA WTS E ETS GRAPNELKRD wreta NTS E porgyaludn CkraPmkeerotn MNOSIDA NA TIBOL W WOLLICD KEERRVE HnemelEegatiretyra SloohcwretaporgyaludnPnamlliGete 1teertSht4Pkra Pkra NEVA LORRAC CYRLAVA RRCEGDIERD TS RWSIDAM OTS N CD KEER W WOLLIGRAPNELKRD wreta NEVA SEMLOH MC ELPARRD KEE wreta GYABNELWIDAMSTSNO TC DtanretlAtlaweiev Sloohc FORTNILCK wreta R CnemelEegello yratkraP RD KOOAAWHCRYRD VB YELLA GwodaeMnels Pkra RRD KEERC REVI LK rehtuDrJ ,gniraM .rtniporgyaludn Pps kraldaphsa WTTSRELY NTS D PERCKRASRD T Cselrah ummoCeklaWrytin LgniniarTetroP a DFJummoCR einneiytinyelCretne FytilicaCretne WRELYT TS SWODAH D KEERCRSLLIH RAGUNCNEPS EDNAL RIGN GevorGawetay PERC ENIERD K Aemtrapnst bbteksaall KTC NIVE Atropri ETC NIR GEIVNELWRD DiromeMG sitoeadleiF laneS yisro NS HT11 (shtroNi)ed TRD AYNAAC EVTNTS HATU GEIVNELWTC VB YELLARC KOOT W WOLLICD KEERR porgyaludn B REVAECD KEERRSRECNEP NIDNALGNL RretneCnilcyceg WADAMTSS C NELLUCT JTC EIMA TkraPorB mown ETS B WSMADA TSETS A CAWTSERYRD NtsitpaBoH wepe LEVA TIBO Chcruh BRC RAIR TetemeChgil-iwtyr ETS KLOP ERD KE ZesiarPliH noil Cretne P hcruhCnasaeltfolliH RPS KCORD SGNIR Darevilenec JAW HSOY NalasureJwem Chcruh ETS D CNOYNA SGNIRPS PskroWcilbu wreta RDVV YELLAIRD WE WKLOPST porgyaludn NEVA TNEGU FGNIRRA TRD NO SC RAGURRD KEE BninraeLohsyarge BEDISYA NISSORCGRD HaroproClrobrainoitet OEVA OIH Cretne WPSKLOT WCNEPS EDNAL R porgyaludn IGN WS KLOP TM SstuN-oDyelpih WS KLOP T GsetiuSnedra MWODAE D ECALPR Hleto BAOC YA Nhtro SNL T BletoMtropya L& deeFetroP aKnujaK'nikciOkraPtS oihrtee SylppuShekomoesuTemtrapAnwonst(orgyalpu)dn SC ENOTRRD KEE C hcruhCdoG fonorfnotnoita NTS DR3 CneCytiter BORG YAVNL E BtsitpaBohsyare NS HT21 Chcruh T LeciloPetroP a WNIAM TS MtruoCpicinual GLAVNELLRD YE TibwonSsaxersdBemtrapAnwornst ETS D CtsitpaBmkeerotn Chcruh SCNEPEWH RYM .W / AS NIT.OaH ytiClanigirll (cirotsiH) SCNEPEWH RYM .W /ATS NI. 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Cretne SCRATON PesuoHsnosraLetemeCetroP ary wreta Park No. of No. of CopsnarTLSBrnoitatLtaerceRetroP ai& no SecivresF ssentiCretne WninraeLO esiwgl JNOSREFFE LylimaFetroP aCretne Dlatne BWKOORWRIAF M TNOPYWK ORD DO begdirH& nnIotpman Ssetiu JNOSREFFE LC ELTTIEAB RADYRD UO CEVOC SSERPYSNAVLY STS M OreliarTruhkast PkraPkraP VRC mlaotru begdir bliarteki CEVONF HTROO TSERRAEV P RALPO CSSERPY EVOC wreta WlooPevaGyaBtsevlaon GNEDRA KLAW plooKnnIB sgniay RssaH& mhoLuoyaBeC elttidra PoS krafF llabtisdle GetroP aLeydooar BetilortePreka PPO LVOCRA BC HCEEE OEV CC RADE OEV No. Spaces RVs TopsnarTcamirrnoitatporgyaludnLB radeCelttiauoy DaP gork GTS DLEIFRA Porgyaludn wretaDtropyaBwo MITSEJACEROHS SNL wreta CE DATSR 7 wreta HTS LEZA Galveston Bay AAISETR EGALLIV RD ERD TROPX VEGALLI CARRETENL E TROPXDR wretawreta 1 226 0 EcnI, SUtaceru. ICD Phplanaian STS R BROF YAERD TS KLAVOPyararuHroF yaBohtwartseen Aemtrapnst BoC floGroF yaeesruts AameblryaB-elptro EOWEGDOD begdir BFSA CNECSERTROHS EDVLB TD NOORR PKRA wreta Iafunamyrtsudncgnirut 2 5 0 HDLAWO TC Nnoyruo wreta Iafunamyrtsudncgnirutwreta wreta LygolocEatsenorSscinoIrehtuon BAYPORT INDUSTRIAL wreta DISTRICT Tarocer BoC floGroF yaeesruts 3 6 0 wreta LozirbulPB BRAH YABRO begdir NcimehCnassial wreta LLST SEWOP/TFNOMRIA S1HT6WTRAHOEW NEB SMLDVTNEERG S AWERDNSTC FYAWRIA RD wreta wreta RDLONYES Mobile Home Parks RkraP V PRC RA 4 31 4 ORUHKASEVA T CNECSER TROHS E WEIVTSE W BRC YEGO BTS YA wreta LarehtuLcruhC nfo thgi htsirhC BRIC EIDRI STS Y wreta BoC floGroF yaeesruts PSORMIRENL wreta wreta 5 17 12 JREPINU RD 8 5. Oakdale Estates porgyaludn FIATNUONRD FeliboMV tseroiats HP emoakr BnemelEohsyaryrate Sloohc CNECSERTWEIV 1. Pecan Plantation CD LAROR NRD FIATNUO CTS Snapet PffulBeni MAC CBDR E Pkra BOHS YAREVA E BemtrapAtropyanst FTS MAC CBDR E PULB ENIFTS F PemtrapAulB enifstnf 6. Trinity Pecan Villa Mobile Home Park PULB ENIFRD F RskcarTdaorlia 6 122 3 2. Weatherford Mobile Home Park DnedraGatles wretaAemtrapnst wrewotreta HREBKCAREVA Y 9 BalliVerB yaeezwrewotreta Aemtrapnst TohnwoThsnwoiemp DnediseRatleceCmodnoismuin FTC KLA BirtsudnIohsyarsee LetaohCednoylllesaBl HWOLLO VA EERTE BEDISYA RD 7. Palm Court RV Park BecarreTedisya Aemtrapnst wretaDemtrapAC atleostntru 3. Medlin Mobile Home Park PopyaB -Cyxorehtrme FEVA KLA 7 24 22 SS REVLI PD SGNIR R DsthgieHatle Aemtrapnst Pasadena BloohcSnocaeBkraPaO yaks (moh-nie) DD ERIWR BROHSYA EDVLB 8. Oakhurst Mobile Home Park SR YDAHIDR REV SR YDAHIREV VrenroCorela BKAO YASRD Serot BKAO YASRD 4. Post Trailer Park RskcarTdaorlia SOUTH LA PORTE INDUSTRIAL DISTRICT 8 19 15 9. Forest Vista Mobile Home Park PdnE 21rei KlavEyararu MkraPamarir PcnartnE21 reie PdnE 9rei AtropyaBuqiL riied PdnE 21rei ZnoePdekcoD(21 rei) BesuoHhtaEcnartnednE s 9 229 33 PcnartnE9 reie Shoreacres PdnE 11rei PdnE 01rei PcnartnE9 reiePdnE 2rei Houston PdekcoD(21 rei) EcnartnesPcnartnE2 reie PcnartnE9 reie 146 PcnartnE11 reie HthcaYnotsuo plooCbul PcnartnE01 reie PcnartnE2 reie bbteksaall cuohbulseporgyaludn KnotpeSyararu ScyciretleAmrofire C:\\Users\\Stewartc\\OneDrive - LaPorteTX\\Desktop\\RV project #2.mxd ORDINANCE NO. 2021-3840 RECREATIONAL VEHICLES AT MOBILE HOME PARKS; 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: Code of Ordinances is hereby amended in its entirety and shall hereinafter read as follows: Chapter 98 - MOBILE HOMES AND MOBILE HOME PARKS ARTICLE I. - IN GENERAL Sec. 98-1. - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings herein ascribed to them: Camper means any enclosed structure intended for human habitation mounted on any manufactured pickup truck or flatbed vehicle. HUD-code manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24. C.F.R. Section 3282.15. Manufactured housing or manufactured home means a HUD-code manufactured home or a mobile home and collectively means and refers to both. Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Mobile home park or Manufactured housing park means any area, lot or tract of land upon which two or more mobile homes, manufactured homes, or recreational vehicles occupied for dwelling or sleeping purposes are located. Such term shall be deemed to include mobile home parks existing and in operation in the city on January 13, 1969, or which may hereafter be created under the terms of this chapter. Mobile home park excludes sales areas or lots used exclusively for the sale of mobile homes. Recreational vehicle is: (1) A vehicle or vehicular structure not certified as a manufactured home; (2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either: (i) Built and certified in accordance with either NFPA 1192 (incorporated by reference, see § 3282.16) or ANSI A119.5 (incorporated by reference, see § 3282.16) as provided by paragraph (c) of this section; or (ii) Any vehicle which is self-propelled. Sec. 98-2. - Parking mobile homes outside authorized mobile home parks. It shall be unlawful for any person to park, place or locate any mobile home, manufactured home, or recreational vehicle being used for human habitation for living and sleeping quarters on any lot, tract or parcel of land in the city for a longer period than four hours, except in a licensed mobile home park. Sec. 98-3. - Application of chapter to campers or mobile home parks not used for human habitation. Nothing contained in this chapter shall be construed to prohibit parking or storing a camper or a mobile home on any tract or parcel of land within the city, so long as the same is parked or stored on such property in conformity with the requirements of the zoning ordinance, and, provided further, so long as the same is not used on such property for human habitation. Sec. 98-4. - Conflict of chapter provisions with zoning chapter. Wherever the zoning chapter requires higher standards than are required in this chapter, the provisions of the zoning chapter shall govern, and wherever the provisions of this chapter require a higher standard than is required by the zoning chapter, the provisions of this chapter shall govern. Without limitation of the foregoing, nothing contained in this chapter shall be deemed to waive the requirement for appropriate zoning or rezoning of any tract or parcel of land for mobile home park purposes, before issuance of any mobile home park permit. Secs. 98-598-30. - Reserved. ARTICLE II. - MOBILE HOME PARKS DIVISION 1. - GENERALLY Sec. 98-31. - Office and resident manager required. Each manufactured housing or mobile home park or subdivision shall maintain an office within the park with a resident manager or owner in charge. Secs. 98-3298-50. - Reserved. DIVISION 2. - PERMIT Sec. 98-51. - Required. No mobile home park shall be constructed, or opened and operated, within the city limits, unless the owner shall first obtain a mobile home park permit. Sec. 98-52. - Issuance. When the mobile home park plans required by section 98-91 have been approved in writing by the planning and zoning commission, the building official shall be authorized to issue the permit required by this division. Secs. 98-5398-70. - Reserved. DIVISION 3. - LICENSE AND OTHER FEES Sec. 98-71. - Annual license. (a) When the permit provided for in this section shall have been obtained, an annual license for the maintenance and operation of the mobile home park shall be issued to the owner thereof by the inspection services division, on payment of a fee in the amount established by the city council and listed in appendix A. Such license shall be valid until December 31 of the calendar year when issued, unless sooner suspended, revoked or surrendered. Such license shall be renewed annually thereafter, upon the payment of a fee in the amount established by the city council and listed in appendix A. (b) All licenses issued under this section shall be nontransferable and nonrefundable and no vested, irrevocable right is conferred upon issuance thereof by virtue of such issuance only. Sec. 98-72. - Suspension or revocation. Any mobile home park license may be suspended or revoked by the city for the violation by the holder of such license of any of the provisions of this article or any other applicable city ordinance. An appeal may be taken to the city from any order revoking or suspending such license. Sec. 98-73. - Resident service fee. Each mobile home park owner, in addition to any other fees provided in this article, shall pay a resident service fee in the amount established by the city council and listed in appendix A per month for each unit in actual occupancy at the park as of the first day of each month, and no later than the tenth of each month, each owner shall pay the total fees and furnish the city a signed sworn statement showing the number of occupied units in the park as of the first day of that month. Such amount shall be subject to a penalty of ten percent if paid later than the tenth of the month. Secs. 98-7498-90. - Reserved. DIVISION 4. - STANDARDS Sec. 98-91. - Construction or expansion plansGenerally. (a) Prior to any construction or installation of any building or utilities in a new or proposed mobile home park, and prior to any expansion of any existing mobile home park, the owner or operator thereof shall file with the planning and zoning commission four copies of complete and detailed plans of the mobile home park complying with the requirements of this article. In the event that an owner is not capable of developing plans and drawings acceptable to the building official, then all plans pertaining to sewer disposal, water supply systems, street paving and drainage, electrical systems, parking areas and recreational facilities, shall be prepared by a licensed professional engineer familiar with the design of such systems and facilities. (b) Two sets of the plans required by this section shall be provided by the planning and zoning commission to the building official for his review and approval. All such plans shall be drawn to scale and completely dimensioned. The building official shall refuse to examine any incomplete, unintelligible or indefinite drawings. (c) When the mobile home park plans required by this section show compliance with this article and all other applicable ordinances of the city, such plans shall be approved by the planning and zoning commission. All such construction and installation shall comply with such plans as approved. Sec. 98-92. - SameContents. (a) Plans required by section 98-91 for the design of any mobile home park shall meet the standards and requirements of the zoning chapter and shall clearly set forth the following information: (1) Name and address of the owner and operator. (2) Address, location and legal description of the property on which the mobile home park is to be located. (3) Extent of the area and dimensions of the mobile home park. (4) Size, location and number of mobile home sites segregated as to areas for dependent and independent mobile homes, if both are to be accommodated. (5) Entrances, exits, driveways, walkways and roadways. (6) Number, size and location of automobile parking accommodations. (7) Plan of storage facilities for use of the occupants of the mobile home park, if any. (8) Plans showing the number, size, location and equipment of all service buildings and other proposed structures, if any. (9) Location, size and design of recreation areas, if any. (b) Plans for any mobile home park shall be accompanied by additional plans meeting the requirements in the zoning chapter. Sec. 98-93. - Drainage and general maintenance requirements. (a) Mobile home park areas shall be well drained, free from trash and maintained in a clean and sanitary condition. The park operator shall maintain the entire area of the park free of rubbish, brush, leaves, weeds, rodents and vermin. (b) Occupants of mobile homes shall keep the site which they occupy in the mobile home park in a clean and sanitary condition. Sec. 98-94. - Access by fire apparatus. All mobile home parks shall have access to a public street by directly abutting thereon or by means of a private road for access by firefighting apparatus. The physical layout of any such park will be such that will permit fire department apparatus to approach within at least 100 feet of any part of any mobile home therein. Sec. 98-95. - Minimum area requirements generally. The area of a mobile home park shall be as required in the zoning chapter. Sec. 98-96. - Minimum area of mobile home sites. Each mobile home site in a mobile home park shall comply to the zoning chapter. Sec. 98-97. - Roadways for mobile home sites. All mobile home sites in a mobile home park shall abut a hard surfaced roadway having a minimum width as provided in the development ordinance. Sec. 98-98. - Vehicular parking facilities. Vehicular parking for mobile home sites shall be provided within a mobile home park in an amount which is required in the zoning chapter. Such area shall be in addition to the minimum area required for each mobile home site. Sec. 98-99. - Location of mobile homes with respect to property lines and public streets. No mobile home shall be parked within a mobile home park closer than 30 feet to any property line abutting a residential district, nor closer than 25 feet to any public street, or any street facing a residential district. Sec. 98-100. - Minimum spacing between mobile homes or campers. The minimum spacing between mobile homes or campers in a mobile home park shall be 18 feet, whether parked side by side or end to end. Sec. 98-101. - Water connections. Water connections for individual mobile homes in a mobile home park shall be provided and located on the same side of the site as the sewer lateral and shall consist of a riser at least four inches above the ground surface, with two one-half-inch valved outlets threaded for screw-on connections. Sec. 98-102. - Lighting for driveways, roadways and walkways. Adequate lighting shall be provided for all common driveways, roadways and walkways and shall deflect the light from adjoining properties. Sec. 98-103. - Direct-service utilities to be underground. All utilities on the site, for direct service to the user in a mobile home park, shall be installed 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 ($2000.00). 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 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 OCTOBER 2021. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney ORDINANCE NO. 2021-3840 RECREATIONAL VEHICLES AT MOBILE HOME PARKS; 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: Code of Ordinances is hereby amended in its entirety and shall hereinafter read as follows: Chapter 98 - MOBILE HOMES AND MOBILE HOME PARKS ARTICLE I. - IN GENERAL Sec. 98-1. - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings herein ascribed to them: Camper means any enclosed structure intended for human habitation mounted on any manufactured pickup truck or flatbed vehicle. HUD-code manufactured home means a structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. The term does not include a recreational vehicle as that term is defined by 24. C.F.R. Section 3282.8(g)15. Manufactured housing or manufactured home means a HUD-code manufactured home or a mobile home and collectively means and refers to both. Mobile home means a structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. Mobile home park or Manufactured housing park means any area, lot or tract of land upon which two or more mobile homes, manufactured homes, or recreational vehicles occupied for dwelling or sleeping purposes are located. Such term shall be deemed to include mobile home parks existing and in operation in the city on January 13, 1969, or which may hereafter be created under the terms of this chapter. Mobile home park excludes sales areas or lots used exclusively for the sale of mobile homes. Recreational vehicle is: (1) A vehicle or vehicular structure not certified as a manufactured home; (2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either: (i) Built and certified in accordance with either NFPA 1192 (incorporated by reference, see § 3282.16) or ANSI A119.5 (incorporated by reference, see § 3282.16) as provided by paragraph (c) of this section; or (ii) Any vehicle which is self-propelled. Sec. 98-2. - Parking mobile homes outside authorized mobile home parks. It shall be unlawful for any person to park, place or locate any mobile home, manufactured home, or recreational vehicle being used for human habitation for living and sleeping quarters on any lot, tract or parcel of land in the city for a longer period than four hours, except in a licensed mobile home park. Sec. 98-3. - Application of chapter to campers or mobile home parks not used for human habitation. Nothing contained in this chapter shall be construed to prohibit parking or storing a camper or a mobile home on any tract or parcel of land within the city, so long as the same is parked or stored on such property in conformity with the requirements of the zoning ordinance, and, provided further, so long as the same is not used on such property for human habitation. Sec. 98-4. - Conflict of chapter provisions with zoning chapter. Wherever the zoning chapter requires higher standards than are required in this chapter, the provisions of the zoning chapter shall govern, and wherever the provisions of this chapter require a higher standard than is required by the zoning chapter, the provisions of this chapter shall govern. Without limitation of the foregoing, nothing contained in this chapter shall be deemed to waive the requirement for appropriate zoning or rezoning of any tract or parcel of land for mobile home park purposes, before issuance of any mobile home park permit. Secs. 98-598-30. - Reserved. ARTICLE II. - MOBILE HOME PARKS DIVISION 1. - GENERALLY Sec. 98-31. - Office and resident manager required. Each manufactured housing or mobile home park or subdivision shall maintain an office within the park with a resident manager or owner in charge. Secs. 98-3298-50. - Reserved. DIVISION 2. - PERMIT Sec. 98-51. - Required. No mobile home park shall be constructed, or opened and operated, within the city limits, unless the owner shall first obtain a mobile home park permit. Sec. 98-52. - Issuance. When the mobile home park plans required by section 98-91 have been approved in writing by the planning and zoning commission, the building official shall be authorized to issue the permit required by this division. Secs. 98-5398-70. - Reserved. DIVISION 3. - LICENSE AND OTHER FEES Sec. 98-71. - Annual license. (a) When the permit provided for in this section shall have been obtained, an annual license for the maintenance and operation of the mobile home park shall be issued to the owner thereof by the inspection services division, on payment of a fee in the amount established by the city council and listed in appendix A. Such license shall be valid until December 31 of the calendar year when issued, unless sooner suspended, revoked or surrendered. Such license shall be renewed annually thereafter, upon the payment of a fee in the amount established by the city council and listed in appendix A. (b) All licenses issued under this section shall be nontransferable and nonrefundable and no vested, irrevocable right is conferred upon issuance thereof by virtue of such issuance only. Sec. 98-72. - Suspension or revocation. Any mobile home park license may be suspended or revoked by the city for the violation by the holder of such license of any of the provisions of this article or any other applicable city ordinance. An appeal may be taken to the city from any order revoking or suspending such license. Sec. 98-73. - Resident service fee. Each mobile home park owner, in addition to any other fees provided in this article, shall pay a resident service fee in the amount established by the city council and listed in appendix A per month for each unit in actual occupancy at the park as of the first day of each month, and no later than the tenth of each month, each owner shall pay the total fees and furnish the city a signed sworn statement showing the number of occupied units in the park as of the first day of that month. Such amount shall be subject to a penalty of ten percent if paid later than the tenth of the month. Secs. 98-7498-90. - Reserved. DIVISION 4. - STANDARDS Sec. 98-91. - Construction or expansion plansGenerally. (a) Prior to any construction or installation of any building or utilities in a new or proposed mobile home park, and prior to any expansion of any existing mobile home park, the owner or operator thereof shall file with the planning and zoning commission four copies of complete and detailed plans of the mobile home park complying with the requirements of this article. In the event that an owner is not capable of developing plans and drawings acceptable to the building official, then all plans pertaining to sewer disposal, water supply systems, street paving and drainage, electrical systems, parking areas and recreational facilities, shall be prepared by a licensed professional engineer familiar with the design of such systems and facilities. (b) Two sets of the plans required by this section shall be provided by the planning and zoning commission to the building official for his review and approval. All such plans shall be drawn to scale and completely dimensioned. The building official shall refuse to examine any incomplete, unintelligible or indefinite drawings. (c) When the mobile home park plans required by this section show compliance with this article and all other applicable ordinances of the city, such plans shall be approved by the planning and zoning commission. All such construction and installation shall comply with such plans as approved. Sec. 98-92. - SameContents. (a) Plans required by section 98-91 for the design of any mobile home park shall meet the standards and requirements of the zoning chapter and shall clearly set forth the following information: (1) Name and address of the owner and operator. (2) Address, location and legal description of the property on which the mobile home park is to be located. (3) Extent of the area and dimensions of the mobile home park. (4) Size, location and number of mobile home sites segregated as to areas for dependent and independent mobile homes, if both are to be accommodated. (5) Entrances, exits, driveways, walkways and roadways. (6) Number, size and location of automobile parking accommodations. (7) Plan of storage facilities for use of the occupants of the mobile home park, if any. (8) Plans showing the number, size, location and equipment of all service buildings and other proposed structures, if any. (9) Location, size and design of recreation areas, if any. (b) Plans for any mobile home park shall be accompanied by additional plans meeting the requirements in the zoning chapter. Sec. 98-93. - Drainage and general maintenance requirements. (a) Mobile home park areas shall be well drained, free from trash and maintained in a clean and sanitary condition. The park operator shall maintain the entire area of the park free of rubbish, brush, leaves, weeds, rodents and vermin. (b) Occupants of mobile homes shall keep the site which they occupy in the mobile home park in a clean and sanitary condition. Sec. 98-94. - Access by fire apparatus. All mobile home parks shall have access to a public street by directly abutting thereon or by means of a private road for access by firefighting apparatus. The physical layout of any such park will be such that will permit fire department apparatus to approach within at least 100 feet of any part of any mobile home therein. Sec. 98-95. - Minimum area requirements generally. The area of a mobile home park shall be as required in the zoning chapter. Sec. 98-96. - Minimum area of mobile home sites. Each mobile home site in a mobile home park shall comply to the zoning chapter. Sec. 98-97. - Roadways for mobile home sites. All mobile home sites in a mobile home park shall abut a hard surfaced roadway having a minimum width as provided in the development ordinance. Sec. 98-98. - Vehicular parking facilities. Vehicular parking for mobile home sites shall be provided within a mobile home park in an amount which is required in the zoning chapter. Such area shall be in addition to the minimum area required for each mobile home site. Sec. 98-99. - Location of mobile homes with respect to property lines and public streets. No mobile home shall be parked within a mobile home park closer than 30 feet to any property line abutting a residential district, nor closer than 25 feet to any public street, or any street facing a residential district. Sec. 98-100. - Minimum spacing between mobile homes or campers. The minimum spacing between mobile homes or campers in a mobile home park shall be 18 feet, whether parked side by side or end to end. Sec. 98-101. - Water connections. Water connections for individual mobile homes in a mobile home park shall be provided and located on the same side of the site as the sewer lateral and shall consist of a riser at least four inches above the ground surface, with two one-half-inch valved outlets threaded for screw-on connections. Sec. 98-102. - Lighting for driveways, roadways and walkways. Adequate lighting shall be provided for all common driveways, roadways and walkways and shall deflect the light from adjoining properties. Sec. 98-103. - Direct-service utilities to be underground. All utilities on the site, for direct service to the user in a mobile home park, shall be installed 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 ($2000.00). 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 n 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 OCTOBER 2021. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney REQUEST FOR CITY COUNCILAGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Teresa Evans, Director Source of Funds:N/A Department:Planning and Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Chapter 94-Floods-SHOWING Budgeted Item:YesNo CHANGES; Chapter 94-Floods-CLEAN SUMMARY& RECOMMENDATION The City of La Porte(City)has participated in the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP) since 1972. Participation in the NFIP is voluntary and based on a community's agreement to adopt and enforce, at a minimum, the Federal standards for building within a Special Flood Hazard Area (SFHA), also known as the FEMA floodplain or 100-year floodplain.The NFIP is designed so that floodplain management and flood insurance complement and reinforce each other.The partnership is established onthe provision that FEMA will make subsidized flood insurance available to the citizens of a community, provided that the community implements floodplain management regulations that meet or exceed the Federal minimum requirements. Effective October 1999, the City began participating in theNFIP Community Rating System (CRS).The CRS is a voluntary, federal program that rewards communities for exceeding the minimum standards of the NFIP in exchange for lower flood insurance premiums for eligible policy holders. The CRS is based on a points system whereby the number of points documented within the CRS series/activities translates to a flood insurance premium discount percentage. The City’s current Class 7 rating provides a 15% discount to flood insurance policyholders located in the floodplain, and a 5% discount to those outside the floodplain (excluding Preferred Risk Policies). Depending on the Class achieved, a community keeps its classification for three or five years. The City of La Porte’s 5-year Cycle Verification visit is scheduled for November 2021. Debbie Vascik ofCahoon Consulting is assisting the City with preparing for the five (5)year visit, with the additional goal of making a class improvement to a Class 6 rating.The goal of the modification is not onlyto reach 2,000 points for the Class 6, but also to provide a comfortable “credit cushion” in case activities and/or requirements change before the next cycle visit that might result in a loss of points.Cahoon Consulting has been successful in achieving class improvements in modifications or cycle visits for the following communities: City of Seabrook, City of League City, City of Galveston, City of Friendswood, City of Shoreacres, City of College Station, and Village of Tiki Island. This firm also assisted the City of La Porte in the City’s prior CRS 5-year Cycle Verification visit in 2016. Ms. Vascik has reviewed the City’s floodplain ordinance with the CRS Flood Specialist, the Floodplain Manager (Cobb Fendley), and City staff, and proposed the following amendments to Chapter 94- Floods: 1. Pg. 2-3 - Relocated definition for "expansion to an existing manufactured home park or subdivision" to be in alphabetical order. 2. Pg. 12 - Clarified freeboard requirement for lowest floor/HVAC for residential structures. 3. Pg. 13 - Reiterate "positive drainage" requirement in building code. 4. Pgs. 13-17 - Clarified freeboard requirement. Refer to the attached Flood Ordinance showing changes. The proposed amendments clarify and promote transparency for existing definitions and standards already in effect. Clarification of the freeboard requirement is necessary for the City to comply with the new Class 8 prerequisite of the National Flood Insurance Program (NFIP) Community Rating System (CRS). ‘Freeboard’ is defined as any additional amount of height above the Base Flood Elevation. Additionally, FEMA is updating the National Flood Insurance Program's (NFIP) risk rating methodology through the implementation of a new pricing methodology called Risk Rating 2.0. This new methodology is effective October 1, 2021 for new policyholders and effective April 1,2022 for existing policyholders. Property owners can likely expect a rate increase. Maintaining or increasing the City’s CRS classification will help to off-set premium increases. At the September 13, 2021 Drainage and Flooding Committee meeting, the Committee recommended these amendments for City Council approval. ACTION REQUIRED BY CITY COUNCIL Approveamendments to Chapter 94- Floods as recommended by the Drainage and Flooding Committee. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE 2021-384931 AN ORDINANCE AMENDING CHAPTER 94 FLOODS ORDINANCES BY 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 of the La Porte, Texas, Code of Ordinances is hereby amended in its entirety and shall hereinafter read as follows: - FLOODS ARTICLE I. - IN GENERAL Secs. 94-194-30. - Reserved. ARTICLE II. - FLOOD HAZARD REDUCTION DIVISION 1. - GENERALLY Sec. 94-31. - Definitions. Unless specifically defined below, words or phrases used in this 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 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. 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 2 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). 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. 3 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 connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". 4 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 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 5 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. 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 6 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. 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. 7 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. 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 8 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 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 with section 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 A130 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the 9 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); (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 with section 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; 10 (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. (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 (section 94-34). (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. 11 (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 in section 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. 94-6694-85. - 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; (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 residential 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, or at or above the riverine 500-year floodplain elevation, whichever is higher, 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; 12 (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) Require within all zones adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (89) 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, including fill placed in a Coastal AE zone that is below the riverine 100- or 500-year water surface elevations. 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 at least 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 atto or above the riverine 500-year floodplain elevation, whichever is higher, 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; 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 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, 13 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 at least one foot above the base flood elevation 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 elevation or at least one foot or 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 elevated at least one foot above the base flood elevation or at or above the riverine 500-year floodplain elevation, whichever is higher. 14 (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 sections 94-33, 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 94-38 or subsection 94- 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. Located within the areas of special flood hazard established in section 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 shall have the lowest floor (including basement) elevated at least to orone foot above the base flood elevation or at or above the riverine 500-year floodplain elevation, whichever is higher, or one foot above the or the highest adjacent grade at least as 15 high as the depth number specified in feet on the community's FIRM (at least two three feet if no depth number is specified). (2) All new construction and substantial improvements of nonresidential structures shall have ; a. Havethe lowest floor (including basement) elevated at least to orone foot above the base flood elevation, or one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two three feet if no depth number is specified), whichever is higher, or b. Together with attendant utility and sanitary facilities be designed so that below one foot above the base specified flood depth in an AO zone, or below one foot above 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 in section 94-38 of 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. (2) If section 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 CFR Chapter 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, 16 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 in section 94-38 of 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 at least one foot or above the base flood level or at or above the riverine 500-year floodplain elevation, whichever is higher. (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 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 17 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. 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. 18 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 ($2000). 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 meet 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 19 Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ ___________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney 20 ORDINANCE2021-3849 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 in this 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 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. 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 2 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). Five-hundred (500) year floodplainelevation 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). 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. 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." 3 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) Individuallylisted 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 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. 4 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 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 5 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. 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. 6 (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. 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 . 7 The areas of specialflood hazardand 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. 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. 8 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 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 with section 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 9 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 CFRChapter 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); (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 with section 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; 10 (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. (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 (section 94-34). (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. 11 (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; (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 residential 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, or at or above the riverine 500-year floodplain elevation, whichever is higher, 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; 12 (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) Require within all zones adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (9) Compensating floodplain mitigation will be required for any fill placed below theriverine base flood elevation and/or riverine 500-year floodplain elevation for any new construction or substantial improvements, including fill placed in a Coastal AE zone that is below the riverine 100-or 500-year water surface elevations. 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 at least 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 at or above the riverine 500-year floodplain elevation, whichever is higher, 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; 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 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, 13 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 at least one foot above the base flood elevation 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 elevation or at or 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 elevated at least one foot above the base flood elevation or at or above the riverine 500-year floodplain elevation, whichever is higher. 14 (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 94-38 or subsection 94- 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. 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 shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation or at or above the riverine 500-year floodplain elevation, whichever is higher, or one foot above the highest adjacent grade at least as high as the depth 15 number specified in feet on the community's FIRM (at least three feet if no depth number is specified). (2)All new construction and substantial improvements ofnonresidential structures shall have the lowest floor (including basement) elevated at least one foot above the base flood elevation, one foot above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), whichever is higher, or b.Together with attendant utility and sanitary facilities be designed so that below one foot above the base specified flood depth in an AO zone, or below one foot above the base flood elevation in an AH zone, 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 insection 94- 63are satisfied. Sec. 94-90. -Floodways. Located within areas of special flood hazard established in section 94-38 of 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. (2) If section 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. 16 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 at least one foot above the base flood level or at or above the riverine 500-year floodplain elevation, whichever is higher. (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 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 17 (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 insection 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. 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 18 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 ($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. 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 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 Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: 19 ____________________________________________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney 20 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Ray Mayo,Director Source of Funds:N/A Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Area Map; La Porte Ord.2021-3824(ILA); Budgeted Item:YesNo SUMMARY& RECOMMENDATION On January 23,2012, the La Porte City Council conducted a workshop to review the concept of a swap of Extraterritorial Jurisdiction (ETJ) with the City of Pasadena (Pasadena). In addition to the jurisdictional swap, a major component of the request improvements along Willow Springs Gully near the Pasadena Convention Center site. In order to facilitate the concepts discussed at the workshop, an inter-local agreement(ILA) was developed, providing for: the provision of 100 acre-feet of detention volume from the City of Pasadena to the City of La Porte(La Porte) to the City of Pasadena.On April 26, 2021, after approximately nine (9) years of the City of Pasadena making no progressiontowardsproviding the agreed upon detention volume, the terms of the ILA were amended, asagree to by both municipalities. The amendments entailed: modifying the project timeline; Pasadena delegating, to the City of La Porte, the authority to facilitate procurement of professional services forfeasibility assessment, design phase services,permitting,and other tasks associated with seeing this project to construction phase, with Pasadena remaining responsible for all associated costs; Pasadena agreeing to advertise the construction phase within 60 days of receipt of final construction plans, with construction to be completed withinone s City Council. City of La Porte staff, with the input of City of Pasadena City staff, has negotiated a professional services agreement with Halff Associates, Inc. (Halff) to provide study, design and construction phase services, including as-needed additional services, for a total fee of $341,942.00. Halffresponded to Request for Qualifications (RFQ) # 19601 Engineering Services for Grant Projects and was short-listed as one of the top four respondents. Halff has provided similar services to the City of La Porte, associated with the Bayside Terrace Subdivision Drainage Improvements Project, and has met performance expectations. In accordance with the amended terms of the inter-local agreement, La Porte intends to facilitate all necessary investigations, studies, permitting, and design, with all vendor invoices being paid by directly by Pasadena. Benefits: Initiates project that is approximately six years behind schedule; Project is a component of several projects aimed a reducing the flood risk(s) within the Brookglen Subdivision. Liabilities: Failure to approve would further delay project that was intended to be completed by 2015. The Drainage Committee is expected to discuss this item at the October 11, 2021 meeting and provide a recommendation to Council at the time of the October 11, 2021 Council Meeting. Staff recommends the entering into a professional services agreement with Halff Associates, Inc. for the 100 acre-foot Detention Pond Project associated with Ordinance No. 2021-3824. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to execute a professional services agreement with Halff Associates, Inc., in accordance with Ordinance No. 2021-3824. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date 26.3ac 98.8ac D 106.9ac 13430 NW. Freeway, Suite 700 Houston, Texas 77040 Legend Phone: 713-462-3178 TxEng Firm 2726 | TxSurv Firm 10110700 Rivers & Ditches CITY OF PASADENA Parcels (HCAD 2020-10) DRAINAGE TRACTS OF INTEREST Tracts Of Interest 02505001,000 *NearMap Aerials (Jan 2021)Feet U 1 inch = 500 feet Copyright nearmap 2015 August 31, 2021 Mr. Lorenzo Wingate Assistant Director of Public Works rd 2963 N. 23 Street La Porte, TX 77571 RE: Engineering Services Fee Proposal 100 Acre-Foot Interlocal Detention Project Dear Mr. Wingate: Halff Associates Inc. (Halff) is pleased to submit our proposal to provide engineering services for the 100 Acre-Foot Interlocal Detention Pond Project for the City of La Porte in conjunction with the City of Pasadena. The purpose of this project is to perform a hydraulic and hydrologic (H&H) study and prepare plans, specifications, and estimates (PS&E) for the construction of a 100 acre-foot detention pond required to fulfill the terms of an Interlocal Agreement established between the City of La Porte and the City of Pasadena. The project area is within a 100-acre tract owned by the City of Pasadena, generally bound by Harris County Flood Control District (HCFCD) channel ID B112-00-00 to the west and W. Fairmont Parkway to the north. This proposal will address development of a drainage report in the study phase, final design plans, and construction phase services. Basic necessary services include topographic survey, geotechnical analysis, cultural resource analysis, and environmental analysis. Additional services include more detailed environmental analysis, construction staking, and subsurface utility engineering (SUE) that can be authorized on an as-needed basis by line item. In the study phase, Halff will analyze existing conditions and evaluate the proposed 100 acre-foot detention pond alternatives in order to prepare an impact analysis report to be approved by the City of La Porte, City of Pasadena, and HCFCD. After the report is approved by both entities, Halff will design and prepare construction drawings, specifications, and cost estimates required to implement the proposed improvements. The construction drawings will adhere to City of La Porte and HCFCD standards and will be submitted at three milestones: 60%, 90%, and 100%. Halff will assist the City of La Porte through the bid phase process for all project components and into construction by reviewing and responding to submittals and RFIs, preparing revisions, and preparing record drawings. The City of La Porte will serve as project coordinator and approver, and the City of Pasadena will serve as project customer and approver. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 2 The basic services are divided into the following tasks, based on actual time and materials (T&M), and shall not exceed the anticipated level of effort and associated fees shown below. Basic Services 1. Study Phase Services $ 78,096 (T&M) 2. Design Phase Services $ 195,597 (T&M) 3. Construction Phase Services $ 11,034 (T&M) Total Basic Services:$ 284,727 Halff has scoped the following additional services to be authorized at a later date on an as-needed basis. Additional Services: CWA Nationwide Permit $ 10,440 (T&M) Cultural Resources Constraints Analysis $ 15,360 (T&M) Phase II ESA $ 23,640 (T&M) Subsurface Utility Engineering $ 4,820 (T&M) Construction Staking Services $ 2,955 (T&M) Total Additional Services: $ 57,215 Total Basic & Additional Services: $ 341,942 Line items are intended to be authorized and released contingent on available funding. We appreciate the opportunity to be of service to fulfill the terms of the Interlocal Agreement established between the City of La Porte and the City of Pasadena. Please feel free to contact me if you have any questions or comments concerning this proposal. Sincerely, Halff Associates, Inc. Approved by: ______________________________ Long Nguyen, P.E. Corby D. Alexander Public Works Team Leader City Manager, City of La Porte Attachments: Attachment ÐAÑ: Detailed scope of services Approved by: Attachment ÐBÑ: Detailed level of effort Attachment ÐCÑ: Vicinity map Attachment ÐDÑ: Project schedule ______________________________ Attachment ÐEÑ: Topographic survey proposal Robin S. Green, Jr., PE Attachment ÐFÑ: Geotechnical services proposal Director of Public Works, City of Pasadena Cc. File Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 3 Attachment ÐAÑ The purpose of this proposal is to complete a study phase, develop final design plans, and provide construction phase services for the 100 Acre-Foot Interlocal Detention Pond project. The proposed project area can be seen in Attachment ÐCÑ. The proposed project schedule can be found in Attachment ÐDÑ, and will be updated as needed. SCOPE OF SERVICES Study Phase Services: Task 1: Impact Analysis Report Halff will conduct an impact analysis and submit a report to the HCFCD for formal approval. Tasks will include: a) Project Management Î Conduct regular progress meetings and conference calls with City staff. Conduct a pre-submittal meeting with HCFCD to present the project. Conduct up to two (2) presentations to City Council. b) Data Collection Î Review previous HCFCD model and documentation for Armand Bayou Watershed Protection Plan (ABWPP). Conduct one site visit to understand existing site conditions. Should multiple site visits be necessary, the City will not be charged an additional fee. c) Existing Conditions Update Î Update the existing conditions H&H model from the ABWPP in preparation for the proposed 100-acre-foot detention facility including revision of cross sections and update of land use near the proposed facility. Scope assumes that the existing conditions model will only require minor updates. d) Proposed Conditions Analysis Î Analyze up to two (2) pond configurations of the detention facility based on design constraints and discussions with City Staff including preliminary grading of the facility. Incorporate upstream proposed projects as provided by the HCFCD as part of the ABWPP. Coordinate with HCFCD regarding the proposed improvements. e) Estimate Probable Construction Costs Î Develop an opinion of probable construction cost using preliminary grading and known utility information for the project. A 30% contingency will be included for this phase of the project. f) Impact Analysis Report Î Summarize the impact analysis and submit a draft and final drainage report to the City of La Porte for approval. Upon approval by the City, submit a sealed drainage report to the HCFCD. g) Quality Control Î Perform QA/QC on all deliverables Task 2: Environmental Analysis During the study phase, Halff will perform environmental services associated with delivery of the 100 Acre- Foot Interlocal Detention Pond project, including: a) Phase I ESA o As requested by the City of LaPorte, the Halff Environmental Team will conduct a Phase I Environmental Site Assessment (ESA) for each of the proposed pond locations. Phase I ESAs are relatively modest investigations of the conditions that exist at a given site at the time the observations are made. Typically, only visual observations of the condition of the site are made principally to determine if investigations that are more detailed are justified. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 4 The Phase I ESAs will be conducted in accordance with ASTM E1527-13 Standard Practices. b) Wetland Delineation and Jurisdictional Determination o Perform on-the-ground delineation within the full Project limits at both potential locations to identify the limits of WOTUS, including wetlands, as defined in the United States Army Corps of Engineers (USACE) ÐWetland Delineation Manual, Technical report Y-87-1Ñ and the ÐRegional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0).Ñ o Employ GPS surveying techniques per USACE Galveston District operating procedures to delineate the limits of potential WOTUS and/or wetlands. o Complete necessary wetland data forms and take on-site photography for representative site features. o Prepare draft and final reports describing the methodology and results of the investigation, so that the report may satisfy the jurisdictional determination requirement for any future permits. Geographic Information System (GIS) shapefiles of the field data collected shall be provided with the final report. o Prepare either an approved jurisdictional determination (AJD) or preliminary jurisdictional determination (PJD) form for submittal to the Environmental Protection Agency (EPA)/USACE. o Accompany USACE for field verification during the jurisdictional determination, if required by USACE. Make revisions to report as required. c) Threatened and Endangered Species Assessment o Halff will conduct a threatened and endangered (T&E) species and habitat assessment at both potential project locations as defined above by performing a literature review of federal-and-state-listed threatened and endangered species for Harris County and evaluating the study area for suitable habitat for identified species. The investigation will also include a search request for the Texas Natural Diversity Database (TXNDD). TXNDD is a record of occurrences for rare plant and animal resources that is based upon the best available information to Texas Parks and Wildlife Department (TPWD). The TXNDD data does not equate to absence of a species on the site, general observations during field visits shall be utilized. The Engineer shall provide a T&E report, signed by a qualified expert, addressing: Whether preferred habitat or designated critical habitat for any listed species is likely to be presented within the project area, Whether any listed species is likely to occur, and Whether the project will affect or has the potential to affect federally listed species, Whether the project is likely to result in a ÐtakeÑ of a state-listed species. d) Cultural Resources Desktop Analysis o Halff will conduct a review of THCÓs Archeological Sites Atlas and Historic Sites Atlas to identify any historical structures, cemeteries, or archeological sites that have been recorded within the projectÓs area of potential effects (APE) for archeological resources and non- archeological historic resources. Halff will also review available historical maps, aerial imagery, soils/geology maps, and USGS topographic maps to assess the likelihood of undocumented historical structures, cemeteries, and archeological sites to occur within the APE. Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 5 All environmental reporting will be completed before any clearing of the site. The City of PasadenaÓs review and approval of the Phase I ESA will be required prior to initiation and authorization of the Phase II ESA. Final Design Services: Task 3: Topographic Survey Halff has contracted Amani Engineering, Inc. to perform topographic surveying services for this project. Amani will perform topographic survey for the future pond location on a 100Ó cross grid. Survey will include all above ground appurtenances, trees, and utilities. Amani will coordinate with Spectra Energy to locate the 30Ñ pipeline location and depth of cover. Amani will perform 500Ó cross sections along B112- 00-00 between Fairmont Parkway and Red Bluff Road. Please see Attachment ÐEÑ for more details. Task 4: Project Management for Final Design Project management services include: a) Project progress meetings, design review meetings, and conference calls b) Project site visits c) Coordination with HCFCD d) Coordination with subconsultants e) Coordination and communication with private utility owners to resolve conflicts Task 5: Civil Design Services All design work will be completed using AutoCAD Civil 3D and will adhere to the stricter criteria of the City of La Porte standards found in Chapter 5 of the PICM Stormwater Design Criteria Manual and/or HCFCD PCPM. Halff will develop a 3D terrain model of the proposed pond and surrounding improvements for use by the contractor during construction. Plans, specifications, and estimates will be submitted in three phases: 60%, 90%, and final. The drainage design will be based upon decisions approved by the City of La Porte and the HCFCD in the study phase. Drawings that will be prepared include, but are not limited to the following: Title Page Index of Sheets Legends and Abbreviations General Notes Existing and Proposed Typical Sections HCFCD Express Review Sheet Project Layout Quantity Summaries Survey Control and Benchmark Data Sheets Horizontal and Vertical Control Sheets Drainage Area Maps Hydraulic Calculations Plan and Profiles Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 6 Detention Pond Grading Plan Detention Pond Horizontal Control Plan Cross-Sections with Cut and Fill Calculations Demolition Plans Construction Access Traffic Control Plans / Construction Phasing Plan Traffic Control Details Storm Water Pollution Prevention Plans Standard Details Task 6: Geotechnical Analysis Halff has contracted Ninyo and Moore to perform geotechnical services on this project. Ninyo and Moore will drill seven (7) borings to a depth of 25 feet and collect soil samples continuously to a depth of 20 feet and at 5-foot intervals after. Laboratory testing will analyze soil samples and a geotechnical report will be prepared outlining dewatering recommendations, earthwork recommendations, slope stability analysis, and erosion and slope paving recommendations. This proposal also includes effort necessary for three (3) days of clearing and grubbing for site access to conduct the field investigation. Please see Attachment ÐFÑ for more details. Task 7: Bid Phase Services a) Attendance at the pre-bid meeting and compilation of notes for distribution. b) Preparation of pre-bid responses and responding to questions. c) Attendance at the bid review meeting and providing input on the selection process. d) Preparation of bid recommendation letter and bid tabulation summary. Construction Phase Services Task 8: Construction Phase Services a) Responding to submittals as requested by the City of La Porte b) Responding to RFI as requested by the City of La Porte c) Design changes/plan revisions as requested by the City of La Porte d) Preparation of record drawings Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 7 Additional Services: The following services have been scoped to be authorized on an as-needed basis line item by line item. Task 9A: Section 404 Permitting If the selected project location is determined to contain WOTUS, authorization under Section 404 of the Clean Water Act (Section 404) for regulated activities (i.e. placement of fill) below the Ordinary High- Water Mark (OHWM) would be required prior to beginning construction. HalffÓs Environmental Team will work with engineering and USACE to secure the appropriate permit to allow construction of the proposed detention pond. This task will include preparation of all permit components as outlined in ENG Form 4345, as follows: Name, address, and telephone numbers of the prospective permittee; Location of the proposed project; A description of the proposed project; the projectÓs purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the activity, in acres, linear feet, or other appropriate unit of measure; Project schedule; Names and addresses of adjoining property owners; List of authorizations required by other federal, interstate, state, or local agencies for the work, including approvals or denials already received; Delineation of waters of the United States (see task description); Section 404(b)(1) alternatives analysis with discussion of avoidance and minimization measures; Compensatory mitigation plan Î It is anticipated that the proposed project will involve appropriate avoidance and minimization of adverse impacts to aquatic resources. In the event construction of the detention pond would result in permanent adverse impacts to aquatic function and values the applicant would be require to supply compensatory mitigation. The USACE preferred method (by rule) is purchase of mitigation bank credits. However, in the absence of appropriate bank credits, the Applicant may evaluate on-site/in-kind mitigation alternatives to achieve appropriate mitigation. Mitigation requirements will be informed by the functional value of the wetlands as determined during the delineation, post-project conditional estimates, and pre- application discussions with the USACE to ensure the that proposed project meets compensatory mitigation requirements and the purpose and need of the project (conveyance improvements and flood risk reduction); Threatened and endangered species assessment (see task description); and Cultural resources assessment (see task description). Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 8 Task 9B: Cultural Resources Survey and Reporting Because the project is being developed by City of La Porte, a political sub-entity of the State of Texas, it falls under purview of the Antiquities Code of Texas (Title 9, Chapter 191 of the Texas Natural Resources Code), which requires the Texas Historical Commission (THC) to review actions that have the potential to impact archeological historic properties within the public domain. In order to enable the City to meet Antiquities Code of Texas requirements, Halff will conduct an intensive archeological survey within the project corridor. The work will include the following tasks: Antiquities Permit o Background research will be performed to determine whether any archeological historic properties listed on or eligible for the National Register of Historic Places (NRHP) or designation as a State Antiquities Landmark (SAL) are documented within or adjacent to the project area and if any previous archeological surveys have been performed in the area. Background research will also include a review of local soil, geologic and land use data to evaluate the potential for buried and undisturbed archeological historic properties in the project area. An Antiquities Permit application will be prepared and submitted to the THC for review along with a Research Design that summarizes the background research and description of the field survey methods. Field Survey o Upon receipt of the Antiquities Permit number assigned to the project by the THC, an intensive archeological survey will be conducted within the proposed project area. The field survey will conform to the THC-approved Archeological Survey Standards for Texas and conducted in portions of the project area that have not been previously surveyed. Shovel tests will be hand-excavated on a judgmental basis and conducted where the project area exhibits potential to contain undisturbed archeological deposits. Reporting o Halff will prepare and submit a draft report that conforms to the Secretary of the Interior's Guidelines for Archaeology and Historic Preservation. The survey report will summarize the findings of the archeological survey and provide recommendations regarding any additional archeological work, if needed, with appropriate justifications. Following a period of City review and comment, the draft report will be submitted to THC for review. After addressing any agency comments, Halff will submit a final report to the City and THC. Curation o Pursuant to 13 TAC 26.17, and after acceptance of the final report by the THC, all field records, photographs, and collected artifacts will be prepared for permanent curation at the Center for Archaeological Studies located at Texas State University in San Marcos, Texas. Task 9C: Phase II Environmental Site Assessement Halff will conduct Limited Phase II Site Investigation activities for the above referenced property. The purpose of the assessment is to determine the presence or absence of volatile organic compounds (VOCs) which includes the benzene, toluene, ethylbenzene, and xylene (BTEX) compounds, total petroleum hydrocarbon (TPH), and/or polynuclear aromatic hydrocarbons (PAHs) impacted soil and/or groundwater at the Site which may have resulted from unknown and/or undocumented releases. The proposed investigation will include the installation of three soil Mr. Lorenzo Wingate City of La Porte August 31, 2021 Page 9 borings, conversion of the soil borings into temporary groundwater screening points, and the collection and laboratory analysis of soil and groundwater samples. Task 10: Subsurface Utility Engineering Depending on the final location of the detention pond, the pond outfall may cross above or below the existing 30Ñ Spectra natural gas pipeline. In order to avoid a utility conflict, one (1) quality-level A pothole is scoped to identify the depth of the pipeline. Task 11: Construction Staking Construction staking services will be performed by Amani Engineering. Amani will recover and reset survey controls delineated in the design phase. This effort does not include staking out the pond boundary. Halff will provide design CADD files to the contractor for reference. Services Not Included: Tier II Water Quality Certification NEPA Documentation Construction staking of pond limits including top of bank and toe List of Assumptions: 1. All consultant fees shown on are considered to be time and materials, unless otherwise noted. 2. The City of La Porte will provide any procedures, policies, data collection systems, engineering guidelines, standards, and design criteria that will be required for this project. 3. The City of La Porte will retain ownership of any deliverables and electronic files created for this project but will not be supplied with software applications or licenses as part of this project. 4. The scope of services does not include any preparation or attendance at any public meetings pertaining to the project design or construction. 5. The City of La Porte will prepare the project manual and front end documents for this project. Halff will prepare the bid form, specifications, general provisions, and special specifications. Attachment "B" 100 Acre-Foot Interlocal Detention Pond Revision 1 Date: July 30, 2021 Revision 1: August 27, 2021 Principal / Revision 2:Project Senior CADD Managing Project EngineerAdmin ManagerTechnician Total HoursTotal Cost Director HOURLY RATE 210$ 165$ 120$ 96$ 60$ ITEM 1: STUDY PHASE SERVICES: Task 1 Î Impact Analysis Report 1.A Project Management41616365,400$ 1.B Data Collection816243,240$ 1.C Existing conditions Hydraulics and Hydrology21640587,860$ 1.D Proposed conditions analysis424804014818,240$ 1.E Develop estimated construction costs2816263,660$ 1.F Impact Analysis Report284016668,076$ 1.G QAQC4168284,440$ Subtotal Hours18962160028 Subtotal Fee$ 15,8403,780$ 25,920$ -$ -$ 50,916$ Task 2: Environmental Analysis 2.A Phase I Environmental Site Assessment (ESA)12406,780$ 2.B Wetlands Delineation / WOUS Identification and Reporting220408,520$ 2.C AJD/PJD Preparation and Submittal24243,960$ 2.D Threatened and Endangered Species Habitat Assessmen24243,960$ 2.E Cultural Resources Desktop Analysis24243,960$ Subtotal Hours84415200204 Subtotal Fee$ 7,2601,680$ 18,240$ -$ -$ 27,180$ TOTAL FEES: STUDY PHASE SERVICES:$ 78,096 ITEM 2: FINAL DESIGN SERVICES: Task 3: Topographic Survey Services (Amani Engineering) a$ 26,320 3.A Topographic Survey of Project Are Subtotal Hours Subtotal Fee$ 26,320 Task 4 Î Project Management 4.A Project Progress Meetings88162,280$ 4.B Project Site Visits88162,280$ 4.C Coordination with HCFCD88162,280$ 4.D Coordination with subconsultants1616324,560$ 4.E Coordination with private utilities881,320$ Subtotal Hours0484000 Subtotal Fee$ 7,920-$ 4,800$ -$ -$ 12,720$ Task 5: Civil Design Services 5.A Project Drawings Title Page1225597$ Index of Sheets1225597$ Legend & Abbreviations1225597$ General Notes1225597$ Existing and Proposed Typical Sections248141,578$ HCFCD Express Review Sheet246810$ Project Layout128111,173$ Quantity Summary Sheet123357$ Existing Drainage Area Maps1247789$ Proposed Drainage Area Maps248141,578$ Hydraulic Calculations1247789$ Plan and Profile Sheet for Outfall141224414,614$ Detention Pond Grading Plan and Development of 3D Terrain Model44024024052459,280$ Detention Pond Horizontal Control Plan21624424,554$ Cross-Sections with Cut and Fill Calculations2840409010,380$ Demolition Plan2816262,826$ Construction Access Plan2816262,826$ Traffic Control Plan / Construction Phasing Plan128111,173$ Traffic Control Details1247789$ SWPPP Layout 2816262,826$ Modification of SWPPP Details1247789$ Modification of Storm Sewer Details1247789$ 5.B Estimate of Probable Construction (60%, 90%, and Final)1424293,750$ 5.C Specifications2824344,620$ Subtotal Hours10904144380952 Subtotal Fee$ 14,8502,100$ 49,680$ 42,048$ -$ 108,678$ Task 6: Geotechnical Analysis (Ninyo and Moore) s$ 35,999 6.A Geotechnical Analysi 6.B Site Clearing for Access (3 days @ $3,200/day)$ 9,600 Subtotal Hours Subtotal Fee$ 45,599 Task 7: Bid Phase Services pre-bid meeting & compile notes224570$ 7.A Attend 224570$ 7.B Prepare pre-bid responses & respond to question 7.C Attend bid review meeting224570$ 224570$ 7.D Prepare bid recommendation letter & bid tabulation Subtotal Hours0880016 Subtotal Fee$ 1,320-$ 960$ -$ -$ 2,280$ TOTAL FEES: FINAL DESIGN SERVICES$ 195,597 ITEM 3: CONSTRUCTION PHASE SERVICES: Task 8: Construction Phase Services 8.A Respond to submittals216182,250$ 881,320$ 8.B Respond to RFI 8.C Revisions 416202,580$ 8.D Preparation of Record Drawings41624444,884$ 0184824090 Subtotal Hours $ 2,970-$ 5,760$ 2,304$ -$ 11,034$ Subtotal Fee $ 11,034 TOTAL FEES: CONSTRUCTION PHASE SERVICES $ 284,727 TOTAL FEES: PER, FINAL DESIGN, & CONSTRUCTION PHASE ADDITIONAL SERVICES: Task 9: Additional Environmental Analysis 9.A Nationwide Permit / Regional General Permit (if required8244010,440$ 9.B Cultural Resources Constraints Analysis (pending results of THC424409615,360$ 9.C Phase II Environmental Site Assessment (pending results of Phase I ESA48080 $ 23,640 Subtotal Hours16128160096 Subtotal Fee$ 21,1203,360$ 19,200$ -$ 5,760$ 49,440$ Task 10: Subsurface Utility Engineering (Amani Engineering) 10.A QL-A and QL-B SUE for 30" Spectra Energy Pipeline$ 4,820 Subtotal Hours Subtotal Fee$ 4,820 Task 11: Construction Staking (Amani Engineering) $ 2,955 11.A Construction Staking Subtotal Hours Subtotal Fee$ 2,955 $ 57,215 TOTAL FEES: ADDITIONAL SERVICES $ 341,942 TOTAL FEES: STUDY, FINAL DESIGN, CONSTRUCTION PHASE SERVICES, AND ADDITIONAL SERVICES 8/30/2021Page1of1 C Q M D U @ N G J @ X V J O S M N L Q H @ E / ,/ 4 ,/ 01 +/- 100 Ac Ft A C D Q @ N M D F Mnsdr9 KDFDMC 05001,000 HCFCD Channels 1.NearMap 2021 Feet I Flow Paths Proposed Detention Pond 100 Acre-Foot Interlocal Detention Dwghahs Project Area B D R A F T Oqnidbs @qd` Document Path: I:\\45000s\\45765\\Prospect\\001\\GIS\\MXD\\ProjectArea_ExhibitC.mxdDate: 8/16/2021 August 17, 2021 Proposal No. 16-01103 Mr. Kurt Russell, PE Halff Associates 100 I-45 North, Suite 260 Conroe, Texas 77301 Subject: Proposal to Perform Geotechnical Evaluation Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project Southeast of Fairmont Parkway and Red Bluff Road La Porte, Texas Dear Mr. Russell: We are pleased to present this proposal to perform a geotechnical evaluation for the subject project. This proposal was prepared based on the information that we received from your office and it outlines our scope of services, anticipated schedule, and time and materials fee for this phase of work. SITE AND PROJECT DESCRIPTION We understand the City of La Porte in conjunction with the City of Pasadena plans to design and construct a new detention pond to be located south of Fairmont Parkway and approximately ½-mile east of Red Bluff Road in La Porte, Texas. There are two potential locations for the detention pond; however, a site has not yet been determined at the time of this proposal. It is anticipated the new detention pond will have an area of about 15 acres and will be about 10 feet deep with side slopes of 4:1 (Horizontal:Vertical). Based on a review of aerial photographs, the site appears to be heavily vegetated with trees and brush. We anticipate clearing will be needed to access some of the boring locations and have included a line item for clearing services within our cost estimate. SCOPE OF SERVICES Our field work and collection of samples will be in general accordance with Harris County Flood Control District (HCFCD) 2010 guidelines. 2313 W. Sam Houston Parkway N., Ste. 119 | Houston, Texas 77043 | p. 713.973.8400 | www.ninyoandmoore.com The scope of services we will perform for this phase of the project is outlined below: Perform a reconnaissance of the project site and mark out proposed boring locations. We will also contact Texas811 prior to exploration. Provide a dozer (or hydro ax) with operator to clear pathways to some of the boring locations. Drill, log, and sample seven exploratory borings at the selected site. The borings will be drilled with an ATV-mounted drilling rig equipped with straight flight augers and rotary wash equipment to depths of about 25 feet each below the existing ground surface (bgs). The borings will be covered to take measurements of the water level after 24 hours. Two of these borings will be converted to piezometers after completion of drilling. Collect geotechnical soil samples continuously to a depth of 20 feet and at 5-foot intervals thereafter. Samples will be taken using conventional split-spoon and/or thin-wall tube sampling techniques for laboratory testing and analysis. Perform laboratory testing that will generally consist of moisture content, No. 200 Wash, Atterberg limits, double hydrometers, crumb, and strength testing. We will also perform two Consolidated Undrained (CU) Triaxial Compression Tests. Prepare a geotechnical report presenting the results of our evaluation. The report will be sealed by a Professional Engineer licensed in the State of Texas and will include the following: Description of work scope, laboratory, and field procedures; Maps (including published faults in project vicinity) and boring plans; Boring logs and laboratory test results; Subsurface soil and groundwater conditions; Excavation characteristics of onsite soils; Dewatering recommendations; Earthwork recommendations, including OSHA soil classifications; Design recommendations for detention basin side slopes and liner (if needed). Slope stability analysis to evaluate allowable side slopes using estimated parameters; and Erosion and slope paving recommendations. ASSUMPTIONS The site is accessible to ATV-mounted drilling equipment and site access will be granted. We are estimating approximately three days of clearing will be needed to access the boring locations. The boreholes can be backfilled with soil cuttings from the drilling activities. 2 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 Some ground disturbance should be expected as a result of our fieldwork. Ninyo & Moore will contact Texas811 prior to performing our subsurface evaluation. We will not be responsible for damage to utilities encountered during subsurface exploration that have not been marked out or shown on plans. Ninyo & Moore will not need to obtain any permits or environmental clearance as a part of this project. Our field exploration does not include any sampling, testing, or chemical analysis of soil, groundwater, surface water, or other materials for the purpose of evaluating possible environmental hazards or risks. These services can be provided, if requested, as an additional scope of work. SCHEDULE We are prepared to initiate this project immediately upon receiving your authorization to proceed. Assuming that there are no delays due to inclement weather or site access restrictions, we anticipate that our fieldwork will be performed within about two weeks after receipt of the notice to proceed. We anticipate issuing a report within about six weeks after fieldwork is completed. FEE We propose to provide our services on a time-and-materials basis for an estimated fee of $45,599 (Forty-Five Thousand Five Hundred Ninety-Nine Dollars) as shown on the attached cost estimate. The above estimated fee assumes up to three days to clear pathways to the boring locations depending on which site is selected. Any additional services, not included in the aforementioned scope, will be charged on a time-and-materials basis in accordance with our current fee schedule. To authorize our services, please sign and return the attached Work Authorization and Agreement. We look forward to working with you. Respectfully submitted, NINYO & MOORE Jeff Rodgers, PE, PG Jay Sunderwala, PE Principal Engineer Managing Principal Engineer JSR/JTS/ls Attachments: Cost Estimate Work Authorization and Agreement 3 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 Willow Springs Bayou (B112-00-00) 100 ac-ft Detention PROPOSAL NO: TITLE: 16-01103 Pond ILA Project DATE: 8/17/2021 Ninyo & Moore Fee Schedule CODE FIELD STUDY/SUBSURFACE FIELD INVESTIGATION UNITQUANTITYUNIT COST TOTAL Mobilization/DemobilizationLS 1$700.00$700.00 Project Engineer, P.E. (Coordination) HR 2$185.00$370.00 Project Engineer, P.E. (Site Recon.) HR 0$185.00$0.00 Soil BoringFT 175$22.00$3,850.00 Piezometer InstallationFT 50$20.00$1,000.00 Graduate Engineer (Trips for water readings) HR 0$155.00$0.00 Vehicle ChargeHR 0$15.00$0.00 Clearing (includes dozer operator and staff time) DY 3$3,200.00$9,600.00 TOTAL FIELD / SUBSURFACE INVESTIGATION$15,520.00 BORING LOCATIONS & LOGGING Graduate Engineering (Locating Borings) HR 8$155.00$1,240.00 (Logging Borings) Graduate Engineering HR 20$155.00$3,100.00 Vehicle ChargeHR 28$15.00$420.00 TOTAL BORINGS$4,760.00 LABORATORY TESTING/SOIL TESTS Moisture Content of Soils by Mass (D2216) EA 66$9.00$594.00 Liquid and Plastic Limits (D4318) EA 28$65.00$1,820.00 Unconsolidated-Undrained Triaxial Compression EA 14$75.00$1,050.00 Unconfined Compressive Strength (D2166) EA 14$45.00$630.00 Percent Passing #200 Sieve (D1140) EA 28$60.00$1,680.00 Double Hydrometer (D4221) EA 7$175.00$1,225.00 Consolidated Undrained (D-4767) EA 2$1,980.00$3,960.00 Dispersive Characteristic by Crumb Test (D6572) EA 14$40.00$560.00 TOTAL LABORATORY / SOIL TESTS$11,519.00 ENGINEERING/REPORTING Principal, P.E.HR 6$210.00$1,260.00 (Comments) Principal, P.E. HR 2$210.00$420.00 Senior Engineer, P.E. HR 24$200.00$4,800.00 Senior Engineer, P.E. (Comments) HR 8$200.00$1,600.00 Project Engineer, P.E.HR 0$185.00$0.00 Graduate Engineer, E.I.T.HR 24$155.00$3,720.00 Graduate Engineer, E.I.T. (Comments) HR 8$155.00$1,240.00 Administrative Asst. / Clerical SupportHR 8$95.00$760.00 $13,800.00 TOTAL ENGINEERING / REPORTING TOTAL $45,599.00 1 WORK AUTHORIZATION AND AGREEMENT Please Sign and Return One Copy to: NINYO & MOORE 2313 W. Sam Houston Parkway, North, Suite 119 Houston, Texas 77043 PROPOSAL NO. 16-01103 1. PROJECT ADDRESS: Southeast of Fairmont Parkway and Red Bluff Road La Porte, Texas 2. PROJECT DESCRIPTION: Geotechnical Evaluation Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project 3. SCOPE OF STUDY: Please refer to proposal dated August 17, 2021. 4. FEE: $45,599 (Forty-Five Thousand Five Hundred Ninety-Nine Dollars Î Time and Materials) 5. PORTION OF FEE IN ADVANCE OF WORK: None 6. CLIENT: Halff Associates PHONE: 936-756-6832 100 I-45 North, Suite 260 Conroe, Texas 77301 CONTACT: Mr. Kurt Russell, PE PHONE: 936-777-6378 7. STATEMENT TO BE SENT TO: Client CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, hereinafter referred to as CONSULTANT, and Halff Associates, hereinafter referred to as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as No. 16-01103 dated August 17, 2021, and any exhibits or attachments noted in the Proposal. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of geotechnical consulting services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping. CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not part of this AGREEMENT unless so specified in the Proposal. 1 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANT's prevailing fee schedule and expense reimbursement policy. SAMPLE DISPOSAL CONSULTANT will dispose of remaining soil, rock, and water samples approximately thirty (30) days after submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENT's prior written request. MONITORING If CONSULTANT is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the Proposal, then this phrase applies. For the specified assignment, CONSULTANT will report observations and professional opinions to CLIENT or CLIENTÓs agent. No action of CONSULTANT or CONSULTANT's site representative can be construed as altering any AGREEMENT between the CLIENT and others. CONSULTANT will report to CLIENT or CLIENTÓs agent any observed geotechnically related work which, in CONSULTANT's professional opinion, does not conform with plans and specifications. The CONSULTANT has no right to reject or stop work of any agent or subcontractor of CLIENT; such rights are reserved solely for CLIENT. Furthermore, CONSULTANT's presence on the site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. If CONSULTANT is not retained by Client for the purpose of monitoring construction work or field activities, CONSULTANT will expressly not be held liable or responsible for such activities or for the geotechnical performance of the completed project. Monitoring of construction work or field activities and the geotechnical performance of the completed project is and will remain the sole and express responsibility of the CLIENT or other party designated by the CLIENT. CLIENT hereby agrees to indemnify and hold harmless CONSULTANT from and against any loss or judgment, suffered by the CONSULTANT as a result of a claim or lawsuit resulting from CLIENTÓs failure to monitor construction work or field activities for which CONSULTANT has not been retained. CONSULTANT will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT. It is mutually understood and agreed by CLIENT and CONSULTANT that CONSULTANT has no control or enforcement ability over any persons or parties who are not employees of CONSULTANT. CONSULTANT does not purport to be, nor is CONSULTANT responsible for, any safety precautions nor programs incident thereto for such non-employees of CONSULTANT. OWNERSHIP AND MAINTENANCE OF DOCUMENTS Unless otherwise specified in this Agreement or in an Addendum, and provided that CONSULTANT has been fully paid for the Services, CLIENT shall have the right to use the documents, maps, photographs, drawings and specifications resulting from CONSULTANTÓs efforts on the project, for purposes reasonably contemplated by the parties. CONSULTANT shall have the right, but shall not be obligated, to retain copies of all such materials and shall have the right to use the same for any purpose, unless such use would be expected to cause harm to CLIENT. CLIENT shall specify in advance, in writing, and be charged for all arrangements for special or extended-period maintenance of such materials by CONSULTANT. CONSULTANT retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services. Reuse of any material described by CLIENT, including publication to third parties, on extension of this project or on any other project without CONSULTANTÓs written authorization, shall be at CLIENTÓs risk, and CLIENT agrees to indemnify, defend, and hold harmless CONSULTANT from all claims, damages, and expenses, including attorneyÓs fees, arising out of such unauthorized reuse. BILLING AND PAYMENT CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. 2 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of three quarters of a percent (.75) per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by CLIENT to CONSULTANT per CONSULTANT's current fee schedules. In the event CLIENT fails to pay CONSULTANT within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the CONSULTANT's invoice as a breach of this AGREEMENT and CONSULTANT may cease work on the project. At CONSULTANTÓs option, CONSULTANT may waive said major breach upon payment by CLIENT of all arrearages and outstanding invoices. TERMINATION This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CONSULTANT's liability, CLIENT agrees to limit CONSULTANT's liability to CLIENT and to all other parties for claims arising out of CONSULTANT's performance of the services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent professional acts, errors, or omissions, including attorneyÓs fees and costs which may be awarded to the prevailing party, and CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit established above. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CONSULTANT as a third-party nor by an award of attorneyÓs fees and costs to the prevailing party in excess of the aggregate liability agreed upon herein by the parties. Parties means CLIENT and CONSULTANT and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. INDEMNIFICATION If any claim is brought against CONSULTANT, its employees, agents and subcontractors and/or CLIENT by a third party, relating in any way to the Services, the contribution and indemnification rights and obligations of CONSULTANT and Client, subject to the paragraph titled ÐRisk AllocationÑ above, such claim shall be determined as follows: 1. If any negligence, breach of contract, or willful misconduct of CONSULTANT caused any damage, injury, or loss claimed by the third party, then CONSULTANT and CLIENT shall each indemnify the other against any loss or judgement on a comparative negligence basis (CLIENT responsibility to include that of its agents, employees, and other contractors); and 2. Unless CONSULTANT was liable for negligence, breach of contract, or willful misconduct which in whole or in part, caused the damage, injury, or loss asserted in the third party claim, CLIENT shall indemnify CONSULTANT against the claim, liability, loss, legal fees, consulting fees, and other costs of defense reasonably incurred. 3 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CONSULTANT of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONSULTANT and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CONSULTANT agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense costs for injury or loss arising from CONSULTANT's discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CONSULTANT which are found to be contaminated. DISPUTE RESOLUTION If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation, then: 1. The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANT's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and; 2. The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' and expert witness fees, and other claim-related expenses. GOVERNING LAW AND SURVIVAL If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this AGREEMENT for any cause. The parties have read, or had the opportunity to read, the foregoing, including all attachments, addendums, and exhibits hereto, have had an opportunity to discuss the same, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. Printed Name of Client or Authorized Agent Signature of Client or Authorized Agent Date 08/17/21 Jeff Rodgers, PE / Principal Engineer Date PM: JSR 4 Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Ray Mayo, Director Source of Funds:N/A Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Area Map; Harris County Partnership Budgeted Item:YesNo Project Guideline; Inter-local Agreement SUMMARY& RECOMMENDATION The Bayside Terrace Subdivision Drainage Improvements Project was the second highest prioritized drainage project by the Drainage Committee at the August 13, 2018 Drainage Committee meeting. According to a drainage study conducted by Klotz Associates in 2009, the existing Bayside Terrace Subdivision was identified as having 3-year Level of Service (LOS), using old rainfall data. The existing drainage system consists of roadside ditches and underground reinforced concrete pipe ranging in size from 12-inch to42-inch. Halff Associates, Inc. (Halff) was commissioned, in 2020, to evaluate the existing drainage conditions within the subdivision and to provide recommended drainage improvements to accommodate a 100-year rain event. Halff has completed approximately90% of the final design of the proposed project, providing an opinion of probable construction cost of $6,947,215.00. Funding for the Bayside Terrace Subdivision Drainage Improvements Project has been allocated within the budgets for a total current project allocation of $5,405,000.00. On December 31, 2020,Harris County Precinct 2 began accepting applications for potential Capital Improvement Projects (CIP) and maintenance projects to be funded in partnership with other area agencies to serve the citizens of Harris County. The program provides funding for study, final design, right-of-way acquisition and construction of capital and maintenance projects. City staff submitted the Bayside Terrace project to Harris County for consideration, and received confirmation that Harris County selected the project to receive partnership funds. As outlined in the terms of the attached proposed inter-local agreement (ILA), Harris County would provide funding for 50% of all drainage related components of the project. The total anticipated project cost of $7,336,458.75is ascribed to: $6,945,172.30 construction costs (including a 10% contingency); $252,383.00 engineering costs; $138,903.45 material testing costs. Each of the respective costs will be split between the City and County 60/40; 100/0; and 50/50, respectively. The non-50/50 splits are due to the inclusion of non-drainage related components within the costs. The City of La Porte had entered into professional services agreement for preliminary engineering and final design efforts prior to applying for partnership funding, so Harris County partnership funds will not be utilized for those associated expenses. The total overall cost share equates to a 61/39 split or $4,462,940.37/$2,873,518.37 for the City and County, respectively. Benefits: Project reduces flood risks within the Bayside Terrace Subdivision. Project addresses recommended drainage improvement identified in 2008 City-wide Drainage Report. Project identified in Hazard Mitigation Action Plan. Liabilities: City would totally fund the project. The Drainage Committee is expected to discuss this item at the October 11, 2021 meeting and provide a recommendation to City Council at the time of the October 11, 2021 City Council meeting. Staff recommends the entering into an inter-local agreement with Harris County to receive Harris County partnership funds for the Bayside Terrace Subdivision Drainage Improvements Project. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to enter into an inter-local agreement with Harris County to receive Harris County partnership funds for the Bayside Terrace Subdivision Drainage Improvements Project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Harris County Precinct 2 Partnership Project Application For Fiscal Year 2021-2022 ¯¦ȁ ΐ Harris County Precinct 2 Partnership Project Application Process Partnership Project Rules: Harris County Precinct 2 is seeking potential Capital Improvement Projects (CIP) and maintenance projects to be funded in partnership with other area agencies to serve the citizens of Harris County. This program applies only to the allocation of Harris County resources: funding for study, final design, right-of-way acquisition and construction of capital and maintenance projects. Precinct staff Eligible applicants include Local Governments, MUDs, School Districts, Public Transit Providers, Economic Development Corporations, TIRZ, Management Districts and Public Ports. Other project sponsors must have a letter of support from the owner of the asset or government entity. Proposed Project must be partially or entirely located within Harris County Precinct 2. Only eligible costs identified in the project application will be considered. Estimated costs for planning, design, environmental determination and mitigation, right of way acquisition, and construction must be identified in the application. All projects must have a letter of funding commitment or a letter of support from the leadership expressing the support for the project. Projects within multiple jurisdictions must provide letters of support from each jurisdiction. Additionally, the recommendation of a potential project through the Prioritization Procedure does not guarantee county funding; funding must be approved by members of Harris County Project Submittal Process Harris County Precinct 2 will send requests for project submittal to the appropriate agencies on the date outlined in the project selection schedule. Project submittals should clearly address the project evaluation criteria listed herein and re- established annually under this procedure. Maps and similar graphic aids demonstrating prospective project elements are recommended. Additionally, where local master plans are referenced, copies of those master plans should be included. In addition to new projects, Harris County Precinct 2 requests agencies resubmit projects that were previously reviewed but have not been selected as a potential partnership project. Resubmitted projects will be re-evaluated under the most recent prioritization criteria. Requested projects will be evaluated based on the criteria outlined in the next section. The requesting ¯¦ȁ Α agency will be required to make a presentation to Harris County Precinct 2 staff. CIP Prioritization Criteria Established prioritization criteria will allow Precinct staff to uniformly evaluate agency requested CIP projects. Project submittals that do not incorporate LOIs are disqualified from consideration. Through the weighted criteria listed below, a maximum total of 100 points per project is possible. If insufficient data is provided for a criterion, no points will be awarded in that category. No set point threshold exists for criteria, maximum point value and associated submittal requirements are listed below: A. Project Description (0 Points) A summary of the proposed project, including a location map and information concerning project goals, problems to be addressed, anticipated project features, and relationships to any other planned, ongoing or completed infrastructure projects. B. Funding Commitment and Agency Priority (12 Points) integrated projects required to improve a particular watershed/corridor may be consolidated and classified as a single, phased project. Demonstration of financial commitment and timing to the project. The submittal should answer some or all these questions: Is the agency ready to fund and implement the project and enter into an Intergovernmental Agreement? Is the project a part of or consistent with an articulated, short or long-range CIP program, Harris the plan indicating the project should be included in the submittal. Does the project have a current schedule of funding, implementation, including anticipated milestones and deliverables? C.Master Plan Element (8 Points) Relationship to existing or ongoing transportation, mobility or drainage master plans. Points will be awarded based on the project's relative significance or priority within the overall plan. If the associated master plan was formally adopted (e.g., through council action) by the submitting agency, this should be indicated on the LOI for the project submittal. If the associated master plan was ¯¦ȁ Β completed by an agency other than the County, then a copy of the plan, or an executive summary, must be provided with the project submittal to receive points in this category. D. Flooding Threat/Safety/ Traffic Improvements (15 Points) Existing threats to property, congestion or safety issue that will be mitigated by the proposed project. Fewer points will be awarded to those projects that are intended to resolve issues caused by inadequate regulation by the requesting agency. The submittal should answer some or all these questions: Is the project intended to address an existing flooding hazard, roadway congestion, traffic mitigation, and or mobility issue? Has documented flooding of structures, vehicular or pedestrian crash related incident occurred that would be prevented or lessened in the future by the project? E. Level of Protection/Level of Service/ Connectivity (10 Points) For Street and mobility projects, priorities will be given to complete street type of project and project that includes future land use projection and growth. Project connectivity components will also be considered as a key element. For Drainage projects, Flood return frequency protection in comparison to protection under existing conditions. Preference is given to projects offering higher flood return frequency (10- year to 100-year) protection. When applicable, information regarding both the anticipated design level of protection and the effective level of protection, such as that provided by storm drains combined with curb and gutter roadways, should be provided. F. Project Area (25 Points) Characteristics of the geographic area of the proposed project. The submittal should answer these questions: What current population would directly and indirectly benefit from the project? What is the age of area development, and how long has the problem existed? What is the number of benefitted public buildings (schools, libraries, churches, etc.)? What amount of infrastructure (roads, drainage/flood control or wastewater facilities, etc.) would benefit or be enhanced (e.g., storm drain capacity increase from 2-10 years.)? G. Ancillary Benefits (12 Points) Other benefits of the submitted project. Benefits may include: Water conservation/recharge opportunities (e.g., three additional points may be earned by other identified ancillary benefits, if one of the following is applicable: Will promote the efficient reuse of storm water? Work to sustain or increase ground water levels? Improve aquifer quality?); Low Impact Development (LID) (e.g., two additional points may be earned by other identified ¯¦ȁ Γ ancillary benefits, if the project will include alternative stormwater management techniques (green stormwater infrastructure, low impact development methods or features.); Community Economic Impacts (e.g., two additional points may be earned by other identified ancillary benefits as described below, if one of the following is applicable; Does the project provide a benefit needed for economic development? Will the project enhance economic diversification, business expansion and economic growth? Is the project consistent with the agency plan?); Water quality implications (e.g., will storm-water be managed through basins or wetlands prior to its discharge to the receiving waters?); Vegetation and wildlife habitat implications (e.g., will an existing wildlife corridor be maintained/enhanced, or will new habitat areas be created through the provision of dedicated drainage/open space areas?; Does the design intent include disturbance mitigation elements and landscape restoration techniques that are regional in nature and compatible with existing native Sonoran Desert biomes?); Environmentally sensitive areas (e.g., designated wildlife areas or riparian corridors) to be protected; Multiple-use features, benefits, and contributions such as ground water enhancement (either through groundwater percolation, infiltration or direct recharge), support for alternative forms of transportation such as multi-use trails and bike paths, support for both passive and active recreation opportunities, restoration of riparian and native desert habitats, and other open space uses and activities; Contributions to the visual quality of the environment through preservation or enhancement of the natural character of the landscapes of Harris County and/or enhancement of local community character; Improvement of quality of life indicators such as preservation or enhancement of cultural and historic resources, improved shade and tree canopy/reductions in impervious surfaces, and opportunities for conservation education within the community; H. Level of Partner Participation (12 Points) Proposed cost-share contribution by the submitting agency or other agencies. Harris County Precinct 2 typically requires a fifty-percent cost share contribution from its partners. Preference is given to projects with maximum external agency participation. If the project has an economic development component, the agency and the development beneficiary is expected to contribute a higher level of cost ¯¦ȁ Δ share participation, with the county contributing the least cost share among the project partners and/or beneficiaries. If a future bond election is identified as a source of funding, this should be reported in the submittal. Forms of cost-share participation may include: Direct agency funding Non-cash contributions (e.g., rights of way); Previously acquired land required for the project (not to exceed 30% of an cost share credit); and Third-party funding sources (e.g., federal funds or private contributions). I. Operations and Maintenance Costs to Harris County (6 Points) Total operations and maintenance costs Ʒƚ ĬĻ ĬƚƩƓĻ ĬǤ ƷŷĻ /ƚǒƓƷǤ. Maximum ratings are assigned to requests with minimal operations and maintenance costs to be borne by the County or HCFCD. Maintenance Projects Prioritization Criteria Established prioritization criteria will allow Precinct staff to uniformly evaluate agency requested maintenance projects. Any assets repaired through this program shall remain maintained by its current agency. Project submittals that do not incorporate LOIs are disqualified from consideration. Through the weighted criteria listed below, a maximum total of 100 points per project is possible. If insufficient data is provided for a criterion, no points will be awarded in that category. No set point threshold exists for established following evaluation of a given yea Prioritization criteria, maximum point value and associated submittal requirements are listed below: A. Project Description (0 Points) A summary of the proposed project, including a location map and information concerning project goals, problems to be addressed, anticipated project features, and relationships to any other planned, ongoing or completed infrastructure projects. B. Safety (25 Points) Existing threats to life and property. Fewer points will be awarded to those projects that are intended to resolve issues caused by inadequate regulation by the requesting agency. The submittal should answer some or all these questions: Is the project intended to address an existing flooding hazard, traffic safety, and or mobility issue? ¯¦ȁ Ε Has documented flooding of structures, vehicular or pedestrian crash related incident occurred that would be prevented or lessened in the future by the project? C.Infrastructure Condition (20 Points) Condition of existing infrastructure requiring maintenance should include visual aids to support your application. D. Project Area (15 Points) Characteristics of the geographic area of the proposed project. The submittal should answer these questions: What current population would directly and indirectly benefit from the project? What is the age of area development and how long has the problem existed? What is the number of benefitted public buildings (schools, libraries, churches, etc.)? What amount of infrastructure (roads, drainage/flood control, etc.) would be repaired? E. Level of Partner Participation, Funding Commitment and Agency Priority (25 Points) Proposed cost-share contribution by the submitting agency or other agencies. Harris County Precinct 2 typically requires a fifty-percent cost share contribution from its partners. Preference is given to projects with maximum external agency participation. Rank in priority A number of integrated projects required to improve a particular asset may be consolidated and classified as a single, phased project. Demonstration of financial commitment and timing to the project. The submittal should answer some or all these questions: (1) Is the agency ready to fund and implement the project and enter into an Intergovernmental Agreement? (2) Is the project a part of or consistent with an articulated, short or long-range maintenance the component of the plan indicating the project should be included in the submittal. (3) Does the project have a current schedule of funding, implementation, including anticipated milestones and deliverables? F. Operations and Maintenance Costs to Harris County (15 Points) Total operations and maintenance costs Ʒƚ ĬĻ ĬƚƩƓĻ ĬǤ ƷŷĻ /ƚǒƓƷǤ. Maximum ratings are assigned to requests with minimal operations and maintenance costs to be borne by the County or HCFCD. ¯¦ȁ Ζ Points of Contact Questions regarding Partnership Project Procedures or General Questions should be directed to- CğǒƭƷźƓƚ .ĻƓğǝźķĻǩͲ t͵9͵ 5źƩĻĭƷƚƩ ƚŅ 9ƓŭźƓĻĻƩźƓŭ CğǒƭƷźƓƚ͵.ĻƓğǝźķĻǩθƦĭƷЋ͵ŷĭƷǣ͵ƓĻƷ hŅŅźĭĻʹ АЊЌΏЋАЍΏЋЌЏБ Year 2021 Project Selection Schedule Dec 31, 2020 Agency Notices Mailed Feb 1, 2021 Agency Project Proposals Submittal Deadline Feb 15, 2021 Precinct 2 -Evaluation and Agency Project Presentation Starts March 1, 2021 Precinct Recommendations ¯¦ȁ Η HCFCD AGREEMENT NO. 2022-72 INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter , and the Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafte WITNESSETH: WHEREAS, the City desires to improve the drainage system in the Bayside Terrace Subdivision located on City property and will design the demolition and reconstruction of the drainage system as illustrated on the documents attached hereto as Exhibit A; and WHEREAS, the District, whose mission is to provide flood damage reduction projects with appropriate regard for community and natural values, desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the City has estimated the cost of the Project to be $7,336,458.75, as shown on attached Exhibit B and the City is willing to contribute $4,462,940.38 () toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,873,518.37 () toward the cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: I. Within forty-five (45) days of the execution of this Agreement by both Parties, the District shall pay the City the sum of $2,873,518.37 as the District Contribution toward the cost of the Project. The City will contribute $4,462,940.38 as the City Contribution toward the cost of the Project. II. The City will be responsible for the hiring of consultants and/or awarding of contracts for the design and construction phases of the Project. The City will award the construction contract for determination of the lowest responsible bidder for the Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work on the Project until the Parties have discussed how to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with contamination. If this Agreement is terminated by the City because of environmental contamination, the City will be responsible for all costs of the Project to the point of termination. -1- HCFCD AGREEMENT NO. 2022-72 III. The City will strive to engage with prime contractors and subcontractors that represent the diverse businesses of Harris County. The City will ensure that historically underutilized minority- and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the procurement process. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to HCFCD or its designee who is authorized to review and approve said documents on behalf of HCFCD. HCFCD shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage-related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage-related costs and the total cost of any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The City will include the District in all Project design and construction progress meetings. VI. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District shall have available the total maximum sum of Two Million Eight Hundred Seventy-Three Thousand Five Hundred Eighteen And 37/100 Dollars ($2,873,518.37) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement -2- HCFCD AGREEMENT NO. 2022-72 for any reason other than as stated in Paragraph II herein, the City will refund to the District any unused portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain, at its own expense, the Project site once it is complete. IX. If the audit reveals that the bills and expenses billed to the Project do not correlate to the amount paid by the District, the City shall compensate the District for any amounts it did not expend on the Project and the City will pay the cost of the audit. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, pavement and sidewalk reconstruction, storm sewer improvement, and additional services related to the listed components. If the City spent any of the District Contribution on non-drainage components of the Project, the City will refund the portion of the District Contribution that it spent on non-drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The District will require its contractors to name the District and the City as additional insureds. XI. The Parties agree to give each other at least seventy-two (72)-hours-notice prior to the release of information regarding the Project to the news media, private citizens or community organizations. XII. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary@laportetx.gov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, TX 77571 Attention: City Manager -3- HCFCD AGREEMENT NO. 2022-72 XIII. No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. XV. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on ____________________________. APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By: ___________________________ By: ___________________________ LAURA FIORENTINO CAHILL LINA HIDALGO, Senior Assistant County Attorney County Judge ATTEST: CITY OF LA PORTE, TEXAS By: ___________________________ By: ___________________________ Name: ___________________________ Name: ___________________________ Title: ___________________________ Title: ___________________________ -4- HCFCD AGREEMENT NO. 2022-72 A-1 HCFCD AGREEMENT NO. 2022-72 B-1 HCFCD AGREEMENT NO. 2022-72 THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on ___________________________, with the following members present, to-wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to-wit: ___________________________ constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner ___________________________ introduced an order and made a motion that the same be adopted. Commissioner ___________________________ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain AYES: Judge Lina Hidalgo NAYS: Comm. Rodney Ellis ABSTENTIONS: Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to improve the drainage system in the Bayside Terrace Subdivision located on City property and will design the demolition and reconstruction of the drainage system WHEREAS, the District, whose mission is to provide flood damage reduction projects with appropriate regard for community and natural values, desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the City has estimated the cost of the Project to be $7,336,458.75, as shown on attached Exhibit B and the City is willing to contribute $4,462,940.38 the cost of the Project; and HCFCD AGREEMENT NO. 2022-72 WHEREAS, the District desires to contribute a maximum of $2,873,518.37 toward the cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, for a fee to be paid by the District in the amount of $2,873,518.37, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte 2022-72.docx Certificate Of Completion Envelope Id: 0440FDC091174FE1BC10B6CF883D1A08Status: Completed Subject: Please DocuSign: eng La Porte A104-12-01-Y001 2022-72.docx Source Envelope: Document Pages: 8Signatures: 1Envelope Originator: Certificate Pages: 5Initials: 0Keena Tarrant AutoNav: Enabled9900 Northwest Freeway EnvelopeId Stamping: EnabledHouston, TX 77092 Time Zone: (UTC-08:00) Pacific Time (US & Canada)keena.tarrant@hcfcd.hctx.net IP Address: 74.124.47.10 Record Tracking Status: OriginalHolder: Keena TarrantLocation: DocuSign 10/1/2021 7:28:34 AM keena.tarrant@hcfcd.hctx.net Security Appliance Status: ConnectedPool: StateLocal Storage Appliance Status: ConnectedPool: Harris County Flood Control DistrictLocation: DocuSign Signer EventsSignatureTimestamp Laura Fiorentino CahillSent: 10/1/2021 7:33:21 AM laura.cahill@hcfcd.orgViewed: 10/1/2021 7:35:23 AM Security Level: Email, Account Authentication Signed: 10/1/2021 7:35:43 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 73.76.8.220 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/27/2019 3:03:30 PM ID: 95d8aac6-45f9-4460-bb8f-ca0e5b84009c In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sandra FloresSent: 10/1/2021 7:35:45 AM sandra.flores@hcfcd.hctx.net Harris County Flood Control District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign FOR AGENDA Sent: 10/1/2021 7:35:46 AM wingatel@laportetx.govViewed: 10/1/2021 7:36:43 AM Asst. 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REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 11, 2021 Requested By:Ray Mayo, Director Source of Funds:Various 009 Department: Public Works Account Number:N/A Amount Budgeted:$1,248,810.00 ReportResolutionOrdinance Amount Requested:$1,026,741.97 Exhibits:Vehicle and Equipment Quotes Budgeted Item:YesNo SUMMARY& RECOMMENDATION Quotes were received through the Texas BuyBoardand GSA Cooperative Purchasing Programs for vehicles, equipmentand up-fittingeligible for replacement in the FY2021 22Vehicle Replacement Program.This is the first round of FY 2021-22 equipment replacement purchase approvals. There will be a replacement with the same type vehicle forfive (5) full-size sedans,one ambulance,andone six-yard dump truck.There are five(5) same-type replacements for Golf Courseequipment and four(4) same-type equipment replacementsfor the Street Department.There isone zero-turn mower for Airport Maintenance and one Utility Vehicle with ambulance moduleto become additions to the fleet. VENDORBUDGET ITEMBUDGETEDBIDUSER Grapevine PD Dodge Chysler (5) Dodge Chargers$244,179$145,730.00 Patrol Jeep Doggett Heavy (1)650K John Deere $112,974$119,800.00Streets MachineryDozer (1)Dodge 4500 w/ Mac Haik Dodge Frazer $278,755$251,978.00EMS Chrysler Jeepambulance module Doggett Heavy (1)Dyna Pack $54,819$54,000.00Streets MachineryAsphalt Roller (1)New Holland TS6 WC TractorsTractor w/28 ft. $174,147$117,356.60Streets boom VENDOR BUDGET ITEM BUDGETED BID USER 68 HP Kubota Skidsteer Wowco $47,874 $45,637.93 Streets w/ bucket Rush Truck Hino 6-Yard Dump $112,907 $91,612.00 Utilities Center Truck (2) Kubota Zero-turn Golf / Wowco $26,831 $27,906.44 mowers Airport (1) John Deere Brookside 7700A Fairway $62,160 $52,047.56 Golf Equipment mower (1) John Deere 2550 Brookside Precision cut $36,524 $30,983.10 Golf Equipment mower (2) John Deere Brookside $44,624 $36,674.37 Golf Utility Tractors Equipment (1) Kawasaki Utility Vehicle UVC w/ Custom $53,016 $53,015.97 EMS Powersports Medical Bed Enclosure Totals $1,248,810.00 $1,026,741.97 Miscellaneous: a) The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund, with the exception of one zero-turn mower and one Utility vehicle with ambulance module. b) The budgeted amount listed in the table for the replacement vehicles represents the total funds deposited by each department through FY 2020-21 in the form of lease fees paid by the department over the lease term designated for each vehicle. The funds for zero-turn mower were approved in the FY 2021-22 budget. c) The amounts listed in the table for vehicles/equipment are the funding amounts approved by Council for the FY 2021-22 budget for equipment replacement. Each division will pay lease fees over the life of the units to establish a funded amount for future replacements. d) The balance remaining (funded amount minus replacement costs) either remains in the divisional motor pool account to pre-fund a portion of the replacement vehicle or is sometimes utilized by the division for up-fitting equipment. (e.g. light bar, trailer hitch, patrol unit up-fitting). Staff recommends purchase of the listed vehicles and equipment through cooperative purchasing programs. The Purchasing Division of the Finance Department has reviewed the recommendation for vehicle and equipment purchases and is in support of this recommendation. Contract pricing was checked on Cooperative Purchasing Programs. ACTION REQUIRED BY CITY COUNCIL Approval or other action awarding the following purchases: 1. Five (5) Dodge Chargers to Grapevine Dodge Chrysler Jeep for $145,730.00; 2. One (1) John Deere Dozer to Doggett Heavy Equipment for $119,800.00; 3. One (1) Dodge Ram 4500 with Frazer ambulance module to Mac Haik Dodge Chrysler Jeep for $251,978.00; 4. One (1) Dyna-Pack Asphalt Roller to Doggett Heavy Machinery for $54,000.00; 5. One (1) New Holland Slope Mower to WC Tractors for $117,356.60; 6. One (1) Kubota Skid Steer to Wowco Equipment for $45,697.93; 7. One (1) Six Yard Dump truck to Rush Truck Center for $91,612.00; 8. Two (2) Kubota zero-turn mowers to Wowco Equipment for $27,906.44; 9. One (1) John Deere Fairway Mower to Brookside Equipment for $52,047.56; 10. One (1) John Deere Precision Cut Mower to Brookside Equipment for $30,983.10; 11. Two (2) John Deere Utility Tractors to Brookside Equipment for $36,674.37; and 12. One (1) Kawasaki Utility Vehicle with Ambulance module to UVC Powersports for $53,015.97 Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Customer Quote Order No.:Q2360-0001 Quote Date:4/28/2021 Expiration Date:7/21/2021 Salesperson: Invoice To:Attention:Paul Brown La Porte EMSpbrown@frazerbilt.com Paramedic City of La Porte Blake Brazzel 604 West Fairmont Parkway brazzelb@laportetx.gov La Porte TX 77571 US Unit Price No.ItemQuantityU/MNet Amount MODULE1.000EA$202,025.00$202,025.00 1 Type I 14' Module CHASSIS1.000EA$48,000.00$48,000.00 2 2022 RAM 4500 Diesel 4X2 Reg Cab DELIVERY1.000M0.00$0.00 $ 3 Customer Pick Up - FOB Frazer BUY-BOARD1.000EA800.00$800.00 $ 4 BuyBoard Fee BuyBoard fee per contract Ambulance 570-18 14389-BLK12.000EA23.00$276.00 $ 6 Bin-Hang/Stack, Large, Black (Customer requests "Tactical Black" if available) 14390-BLK48.000EA14.00$672.00 $ 7 Bin-Hang/Stack, Small, Black (Customer requests "Tactical Black" if available) 341811.000EA2,500.00$2,500.00 $ 8 Generator-Electric 6.3kw, RAM/Intl 359521.000EA322.00$322.00 $ 9 Pulley-2.55 in x 6 Groove Clutch, RAM Frazer, Ltd., 7219 Rampart Street, Houston, TX, 77081, P:713-772-5511www.frazerbilt.com Frazer Proprietary and Confidential Page1of2 Customer Quote Order No.:Q2360-0001 Quote Date:4/28/2021 Expiration Date:7/21/2021 Unit Price No.ItemQuantityU/MNet Amount STRYKER POWER-1.000EA24,383.00$24,383.00 $ 10 PRO XT Cot-Stryker Power-PRO XT 6506 TRADE-IN1.000EA$ -27,000.00$-27,000.00 11 X-1059/E-2102 Remit To: Per TMVCC, we are quoting this through our Sale Amount:251,978.00 licensed franchise dealer, Mac Haik Dodge Chrysler Jeep Sales Tax:0.00 Mac Haik Dodge Chrysler Jeep Total Amount:251,978.00 11000 I - 45 North Freeway Houston TX 77037 Payment Terms:Net 30 Special Instructions: Email this quote along with your PO to sales@frazerbilt.com. Graphics pricing includes two hoursdesign time in the base price. More extensive graphics or multiple changes will be billed at $100/hr. Frazer, Ltd., 7219 Rampart Street, Houston, TX, 77081, P:713-772-5511www.frazerbilt.com Frazer Proprietary and Confidential Page2of2 For your convenience, all pricing has been itemized below per quote Q2360-0001 for La Porte EMS Base Module$109,900.00 Chassis Exterior$21,000.00 Module Exterior$39,625.00 Chassis Interior$6,350.00 Module Interior$25,150.00 Total$202,025.00 Items included in above totals: 1.Type I 14' Module $incl 2.This is a CAAS Unit$incl Chassis Exterior: 3.Heat Shielding for Diesel Chassis$1,575.00 4.Chassis Options: (6) additional key fobs for a total of (8)$incl 5.Chassis : 2021 RAM 4500, Diesel, 4x2, Regular, 108" Cab to Axle, Dodge White $incl (PW7) 6.Suspension: LiquidSpring$11,550.00 7.Wheel type: Stainless steel covers $incl 8.Chassis Steps: ArcRite with Sure Grip$1,050.00 9.Grille Guard: Ranch Hand Grille Guard with Wraparounds$incl 10.10" and 12" Air Horns$1,125.00 11.Compressor Type: Fast Recovery$1,475.00 12.Switching Options: Truck Horn/ Air Horn$125.00 13.Siren Amplifier: Howler$1,325.00 14.Passenger's side Grille Light: Whelen M6 Red/Blue Light$100.00 15.Driver's side Grille Light: Whelen M6 Red/Blue Light$100.00 16.Passenger's side Intersect Light: Whelen M6 Red/Blue Light$100.00 17.Driver's side Intersect Light: Whelen M6 Red/Blue Light$100.00 18.Driver Fender Light: Whelen M6 Red/Clear Light$400.00 19.Passenger Fender Light: Whelen M6 Red/Clear Light$400.00 20.UNOC #1813 - Furnish and install Whelen 500V Series Red/Clear Fender lights in $1,575.00 lieu of M6: - Program D/S Fender light to go from flashing Red to steady Clear when D/S chassis door is open or D/S Scene Light is ON - Program P/S Fender light to go from flashing Red to steady Clear when P/S chassis door is open or P/S Scene Light is ON Page 1 of 8 Chassis Exterior Subtotal$21,000.00 Module Exterior: 21.Power Source: MEPS$15,000.00 22.Module Paint Layout: White - Frazer White (Frazer White)$incl 23.Rear Wall 3M Conspicuity Layout - Chevron : White Base Color and Yellow - $1,575.00 Translucent Overlay 24.Conspicuity Squares on Entry Doors Matching the Rear Wall$475.00 25.Frazer Provided Graphics$3,500.00 26.Body Drop on the Passenger's Side Forward of Rear Wheels$incl 27.Hidden Switch Behind the Driver's Side Front Corner Stone Guard$225.00 28.GPS Opticom$5,775.00 29. Opticom Switching: On with Primary and Cut-off with park$incl 30.Shore Power: Single 30 Amp on Front Wall$incl 31.Pigtail/Plug Option: Pigtail$incl 32.Install Ignition Kill Switch$275.00 33.Coax 1: Run coax from location 1 to Chassis$incl 34.Coax 2: Run coax from location 2 to Electrical Compartment terminated to GPS $incl Opticom 35.Coax 3: Run coax from location 3 to Chassis$incl 36.Coax 4: Run coax from location 4 to Chassis$incl 37.UNOC #1814 - Furnish and install electric locks on O2 compartment door$250.00 38.UNOC #1815 - Furnish an install (1) additional coax run from module roof to $125.00 electrical compartment; label as SPARE 39.UNOC #1816 - Furnish and install Whelen 4 Long Tracer Series Red/Blue/Clear $7,300.00 ground lights on D/S and P/S of module and below chassis steps: - Red/Blue lights to come on with SECONDARY - D/S lights to go from Red/Blue to Clear when D/S chassis door is open or when Scene Light is ON - P/S lights to go from Red/Blue to Clear when P/S chassis door is open or when Scene Light is ON 40.*Note to Graphics: Furnish and install LPEMS logo centered on conspicuity squares $incl on all 3 entry doors 41.Front Wall Light Layout: Lower 5 Lights$incl 42.Front Wall Light #1: Whelen M9 Blue Light$125.00 43.Front Wall Light #2: Whelen M9 Red Light$125.00 44.Front Wall Light #3: Whelen M9 Clear Light$125.00 Page 2 of 8 45.Front Wall Light #4: Whelen M9 Red Light$125.00 46.Front Wall Light #5: Whelen M9 Blue Light$125.00 47.Front Wall Driver Side Box Light: Whelen M9 Red Light$125.00 48.Front Wall Passenger Box Light: Whelen M9 Red Light$125.00 49.Driver Wall Front Box Light: Whelen M9Red Light$125.00 50.Driver Wall Rear Box Light: Whelen M9 Red Light$125.00 51.Driver Wheel Well Light: Whelen M9 Red Light$125.00 52.Scene Light Option: Spectra SPA900$incl 53.O2 Compartment Style: Laydown O2 with Adjustable Shelf$incl 54.O2 Rollers for an H Cylinder$incl 55.2 high D Cylinder Holder in the O2 Compartment Next to Laydown$175.00 56.O2 Cylinder Changing Wrench$75.00 57.Intermediate Compartment Style: Horizontal Adjustable Shelf$incl 58.Electrical Compartment Style: Taller Electrical Compartment$incl 59.Dometic Self-Contained A/C with Exhaust Fan$incl 60.Rear Storage Compartment Style: Rear Storage with Adjustable Shelf$incl 61.Additional Shelf in the Rear Storage$75.00 62.UNOC #1817 - Furnish and install 2-high "Jumbo" D cylinder holder in O2 $50.00 compartment in lieu of standard D cylinder holder 63.Module Window Option: Sliding Window$incl 64.Upper Rear Wall Light Layout: 3 Across$incl 65.Upper Light #1: Whelen M9 Load Light$175.00 66.Upper Light #2: Whelen M9 Blue Light$125.00 67.Upper Light #3: Whelen M9 Load Light$175.00 68.Lower Light #1: Whelen M9 Brake/Tail/Turn Red Light$200.00 69.Lower Light #2: Whelen M9 Brake/Tail/Turn Red Light$200.00 70.Lower Light #3: Whelen M9 Amber Light$125.00 71.Lower Light #4: Whelen M9 Amber Light$125.00 72.Rear Wall Driver Box Light: Whelen M9 Red Light$125.00 73.Rear Wall Passenger Box Light: Whelen M9 Red Light$125.00 74.Rear Backboard: 5" Compartment Shelf$225.00 75.Lower BTTs: 2 Grote Lights on each side$incl 76.Rear Bumper$incl Page 3 of 8 77.Door Grabbers$incl 78.License Plate Light$incl 79.Passenger Wall Front Box Light: Whelen M9 Red Light$125.00 80.Passenger Wall Rear Box Light: Whelen M9 Red Light$125.00 81.Passenger Wheel Well Light: Whelen M9 Red Light$125.00 82.Front Backboard Style: Double adjustable shelving$125.00 83.Interior Step Option: Double Step Well$incl 84.Passenger Rear Compartment Style: Passenger Side Storage Compartment$incl 85.Door Locks on Entry Doors and Front I/O$1,400.00 Module Exterior Subtotal$39,625.00 Chassis Interior: 86.Siren Speakers: Whelen SA 315 Speakers$incl 87.Tap-2 on Primary Siren$incl 88.Siren Option: Whelen C9 Siren in Console$incl 89.Mic 1 on driver's side slot 2$incl 90.Slot 1: Extended MDT plate - no swivel, no fuel gauge$75.00 91.Slot 2: Single Slot Switch Panel$incl 92.Slot 3: Radio Plate: 7.06 L X 2 W opening dims$incl 93.Slot 4: Radio Plate: 7.5 L X 2.5 W opening dims$incl 94.Slot 5: Siren 1$incl 95.Slot 6: Single Blank$incl 96.Kussmaul USB at Console$225.00 97.Console Switch Layout : Primary - Secondary - Air Horn - Howler - Side Scene $incl (Driver's Side) - Side Scene (Passenger's Side) - Rear Load - Interior Lights - Kussmaul USB - 98.New Armrest$225.00 99.Console Layout: 6-Slot Console$incl 100.Floor in Front of Console: (2) Survivor Flashlights wired Battery Hot$700.00 101.Front of Console: 12VDC wired Failsafe$125.00 102.Rear of Console: Single Mapholder with Cup Holder$325.00 103.Chassis Rear Wall: 2 High Glove Box Holder$175.00 104.Camera System: Voyager 7" Monitor with Back-Up Camera$1,700.00 105.White Back-up Camera$incl 106.Tremco Anti-Theft System$500.00 Page 4 of 8 107.Aftermarket Vinyl Seats$850.00 108.UNOC #1818 - 6-slot console layout:$incl - Slot 1: Extended MDT plate with riser - Slot 2: Radio Plate: 7.06 L x 2 W opening dims - Slot 3: Radio Plate: 7.5 L x 2 W opening dims - Slot 4: Siren 1 with mic on P/S of slot 4 - Slot 5: Single Slot Switch Panel - Slot 6: Single Blank 109.UNOC #1819 - Install customer provided radio equipment in chassis:$600.00 - Motorola XPR5000 self-contained radio in console slot 2; wired failsafe - Mic on P/S of console slot 3 - Speaker on front of console - Antenna on module roof - Motorola APX7550 self-contained radio in console slot 3; wired failsafe - Mic on D/S of console slot 1 - Speaker on front of console - Antenna on module roof 110.UNOC #1820 - Streamlight Survivor flashlights on floor in front of console to be $incl Yellow in lieu of Orange 111.UNOC #1821- 12VDC triple outlet to be installed on P/S of console towards the front $50.00 in lieu of on the front of the console; no medical diode; wire to charge guard (ref. to E-2880) 112.UNOC #1822 - Furnish and install charge guard in console (ref. to E-2880)$250.00 113.UNOC #889 - Furnish and install 3" high riser on Extended MDT plate at console slot $200.00 1 for computer mount (see E-2880) 114.UNOC #1823 - Install customer provided docking station on Extended MDT Plate $100.00 riser 115.UNOC #601 - Furnish and install Cast speakers installed on bumper in lieu of Whelen $250.00 SA315 Chassis Interior Subtotal$6,350.00 Module Interior: 116.Protek Cushions$incl 117.Grey Interior$incl 118.Powdercoated Aluminum Countertops$incl 119.Front I/O with Lexan Doors$incl 120.2 High Jumbo "D" Cylinder Holder in the Front I/O Facing the Rear Wall$225.00 Page 5 of 8 121.Duplex Outlet in the Cabinet Above the Front I/O$incl 122.15 Qt. Engel Fridge$950.00 123.Quad Outlet on the Front Wall$incl 124.Medvault w/ Wifi$2,850.00 125.Netting at the Front Corner Area$incl 126.UNOC #1824 - Furnish and install 120VAC duplex outlet inside front wall cabinet, $250.00 driver side lower corner 127.UNOC #1585 - Furnish and install fire extinguisher with Amerex 807 bracket (23545) $150.00 on the passenger side, below front wall cabinet 128.UNOC #477 - Furnish and install transit slide-lock for Engel fridge$350.00 129.Location 1: 4 Switch w/Thermostat$incl 130.Location 2: Single O2 Outlet$incl 131.Location 3: Electric O2 panel with monitor$1,800.00 132.Location 4: 12VDC wired Battery hot with Medical Diode $250.00 133.Location 6: Blank$incl 134.Location 7: Blank$incl 135.Location 8: Quad 120 VAC$incl 136.Location 9: Suction$incl 137.Action Wall Switch Layout : Interior Lights; Dimmer; Ventilation Fan; Electric O2; $incl 138.Technimount LP-15 Monitor Mount on the Action Wall Countertop$1,525.00 139.Sharps Container at Action Wall$incl 140.Acrylic Holder at the Action Wall Cabinet$incl 141.New 6pt Harness at the CPR Seat$525.00 142.Acrylic Holder Aft CPR Seat$incl 143.Rear Door Switch Layout : Blank; Blank; Dump/Bypass (Suspension); Rear Load; $incl 144.UNOC #1825 - Furnish and install SSCOR 2310 suction (Item 17320) with paddle $2,275.00 release mounted on the stainless at forward end of action wall countertop, 2" off the counter (ref. to E-2880) 145.UNOC #1826 - Install customer provided radio equipment in the module:$300.00 - Motorola XPR5000 self contained radio beneath action wall cabinet above location 1; wired failsafe - Mic on action wall above location 7 - Antenna on module roof 146.3 High Glove Box Centered on Rear Wall$225.00 147.Head knocker options: With Clock only$475.00 Page 6 of 8 148.Acrylic Holder and Sharps at Squad Bench$825.00 149.Two Seating Positions at the Squad Bench - 1 and 3$incl 150.Harness Type for Seat Position 1: New 6pt Harness$525.00 151.Harness Type for Seat Position 3: New 6pt Harness$525.00 152.Double Squad Bench Cabinet$650.00 153.New Cargo Net at the Head of the Squad Bench$800.00 154.Trashcan With Lid at the Head of the Squad Bench$incl 155.O2 Outlet at the Squad Bench Wall$incl 156.UNOC #1827 - Furnish and install Streamlight SL-20X Black LED flashlight in side $250.00 entry step well, forward end 157.O2 Outlet in Ceiling Raceway$325.00 158.Install Evergreen UV-C air and surface disinfection lamp in ceiling raceway with $4,750.00 control unit in electrical compartment 159.IV Hanger on Ceiling Raceway$incl 160.Overhead Grabrails on Both Sides$225.00 161.IV Hanger on Squad Bench Ceiling$incl 162.In-Module Camera at the Rear Position$600.00 163.UNOC #1296 - Furnish and install a second O2 outlet in the ceiling raceway near the $425.00 rear doors (ref. to E-2880 for location) 164.Floor Options: Customer Provided Stryker Power-LOAD$1,750.00 165.Stryker cot tower only ( no antler and bar ) $incl 166.Loncoin II Onyx Floor$incl 167.Captain's Chair Type: Captain's Chair with Child Safety Seat and 4pt. Harness$750.00 168.Customer Provided Items Processing Fee$600.00 Module Interior Subtotal$25,150.00 All new Frazer EMS Vehicles come standard with the following features: 120V generator-powered electrical system independent of the chassis electrical 120V self-contained module heater & proprietary best-in-class air conditioner Easily accessible electrical compartment located on exterior of vehicle All aluminum module construction - No wood products! Shear-plate method of attachment securing the module to the chassis All aluminum powder-coated 12" deep interior cabinetry Seamless cushions Page 7 of 8 All LED emergency warning and scene lighting All LED interior ceiling lights 120VAC outlets conveniently locatedthroughout unit Three oxygen outlets Action area with hinged service access panel to back of oxygen outlets and switches Page 8 of 8 UV COUNTRY, Inc. dba UVC POWERSPORTS TRACTORS & OUTDOORS KAWASAKI MULE PRO-FX/FXT Build Sheet Texas Veteran Woman Owned Small Business Company Name CITY OF LAPORTE FIRE DEPT Family Owned & Operated - HUB certificate 1421655301700 Name DONNIE POPLASKI GSA CONTRACT: GS07F5823R Address DUNS # 169-83-0523 City, State, Zip LAPORTE, TX 77571 FED ID# 42-1655301 Phone / Fax 281-470-5114 Cage Code 1SBN4 EMAIL POPLASKID@LAPORTETX.GOV TOTAL DUE IN FULL AT COMPLETION PRIOR TO DELIVERY & PURCHASE ORDER MUST BE RECEIVED NLT 10-20-2021 OR PRIOR TO 9/24/2021 HONOR THIS PRICING AS NOTED. MULE PRO-DX DIESEL - ONE BENCH SEAT - 3 passenger Inc 3 Custom 2022 MULE PRO-DX QTY MSRP UVC UNIT PRICE Year KAWASAKI STRONG Warranty MULE Total MULE PRO-DX EPS - green 2022 Kawasaki MULE PRO-DX DIESEL EPS 4x4 - One Bench, Three KDF1000ANFNN 1 converted to choice of 16,499.00 14,499.00 Passenger - Electric Power Steering with tilt steering, Includes 3 year 14,499.00 DXANFNN****** black hood or white hood. Kawasaki Strong Warranty. DESTINATION & SET UP FEE 1 Kawasaki Destination / Freight Charges for unit 1,140.00 1,140.00 1,140.00 Assembly & Prep 1 300.00 300.00 300.00 INSTALL TOTAL PRICE UV Price not TOTAL TOTAL $ LABOR TO ADDITIONAL ACCESSORIES & OPTIONS TIME PER INCLUDING Installed HOURS INSTALL Line Item INSTALLATION CUSTOM COMPLETE WITH ROOF ALUMINUM DIAMOND PLATE MED BED REPLACEMENT ON MULE PRO DX BED. INCLUDES BENCH SEATING FOR 2, UNDERSTORAGE LOCKER WITH LIGHTING INSIDE OF LOCKER FOR OUTSIDE 1HLSR AMB VERSION 20,950.00 2.00 2.00 230.00 21,180.00 ACCESS. DESIGNED TO FIT A STRYKER, HOOKS FOR STRYKER MUST BE INSTALLED TO FIT STRYKER THAT IS BEING USED IN MULE PRO MED BED. ***PLEASE NOTE: STRYKER W/HARDWARE IS NOT INCLUDED. 142012702 TOP WITH INSULATION 464.00 1.00 1.00 115.00 579.00 142022702 TIP OUT WINDSHIELD 1,009.00 0.50 0.50 57.50 1,066.50 PERRY CAB FX-DX 1420427 FIXED BACKSPLASH 432.00 0.50 0.50 57.50 489.50 1420607 SET OF 2 FULL DOORS 2,215.00 1.00 1.00 115.00 2,330.00 1WW1120 WIPER KIT 20: BLADE & MOTOR 273.00 1.00 1.00 115.00 388.00 ELKA-FXT-SHOCKS-2 1.00 1.00 1 ROGT lift kitELKA FXT STAGE 2 SHOCKS 1,957.99 125.00 2,082.99 HORN Install a horn to alert others of your presence while on the job site or 1 KAW 99994-0455 0.50 57.5097.45 39.95 0.50 the trail. Includes: Wire harness and switch 1UVCLEDTSKITPRO UVC 195.00 3.00 3.00 345.00 540.00 Turn Signal KIT INSTALLED ON PRO 1UVC9PM5 CURTIS Cab Enc Side Mirrors 154.95 0.50 0.50 57.50 212.45 46622701 1 fire extinguishers installed with brackets ЊЊЉ͵ЉЉ 110.00 fire ext MULE PRO FXT HD 2" LIFT KIT : ext front tie rod ends, rear bracket is I solid 1 HD 2" lift kit 399.99 1.00 1.00 125.00 524.99 piece . **req on custom HD tops and/or Elka Shocks FUEL GRIPPER 28X10X14: Fuel Gripper T/R/K is a 10 Ply kevlar radial (steel 10 PLY KEVLAR STEEL belted) tire from Fuel Offroad. Tested in some of the toughest conditions, 1.00 BELTED CURRENTLY IN so you'll never end your adventure early. The Gripper T/R/K UTV tire is 744.00 1.00 125.00 869.00 1 RFUT281000R14 STOCK strong enough to blast through the open desert and channeled to cut deep into the mud and loam. GOOD FOR ROCK, CONCRETE AND DIRT M39-045756 1.00 1.00 1 WHEELS 14" M39 CROSS BLACK (GOES WELL WITH THE RANCH EDITION) 600.00 125.00 725.00 0.50 0.50 1 wheel spacersWHEEL SPACERS 1 1/2" **REQ for all rear tires that are 10" wide or less 127.99 62.50 190.49 SP415612-V15 Heavy Duty Front Bumper Full Replacement inc 2" RECEIVER WITH UVC UVTBUMPREP-PROFXT 1 FR BUMPER REPLACE 649.99 1.00 1.00 125.00 774.99 CUT OUT. **Heavy Duty Springs OR ELKA SHOCKS required FRONT CV JOINT GUARDS While operating your vehicle in rough terrain these lightweight CV Joint Guards protect your a-arms, axles, brake-lines 99994-0428 0.50 0.50 1 body armor 159.95 62.50 222.45 and CV Boots. In addition to protection, the full-coverage design adds a custom look to your vehicle. REAR CV JOINT GUARDS While operating your vehicle in rough terrain these lightweight CV Joint Guards protect your a-arms, axles, brake-lines 99994-0429 0.50 0.50 1 body armor 159.95 62.50 222.45 and CV Boots. In addition to protection, the full-coverage design adds a custom look to your vehicle. 47-69646 0.10 0.10 1 WINCH PLATE *REQUIRED FOR FRONT BUMPER REPLACEMENT 29.99 12.50 42.49 2.00 2.00 1 winchWARN PROVANTAGE 4500 LB WINCH WIRE CABLE 399.99 250.00 649.99 374735 DUAL BATTERY KIT (ROUTES ALL ADDITIONAL ACCESSORIES TO A SECOND STD JOB BATTERY SO THAT YOUR OEM MAIN BATTERY IS NOT AFFECTED WITH 723.90 1.50 1.50 187.50 911.40 1 KAF080025 ADDITIONAL OUTFITTING. THIS QUOTE IS CONFIDENTIAL and/or PRIVILEGED MATERIAL Rocker Style USB Charger with Blue LED Light Voltmeter - Dual USB Ports UVCUSB2VOLT 0.100.10 1 39.95 12.50 52.45 Power Socket for Rocker Switch output LED Headlights. Five individual LEDs in each light emit a brighter 1.00 1.00 1 99994-1071LEDwhite temperature and increase total output by 20% when compared to 399.95 125.00 524.95 stock. Kit mounts into stock headlight location and retains high - low beam functionality. ACCESSORY FUSE BOX - The Accessory Fuse Box allows for seamless integration and the convenience of operating up to six Kawasaki Genuine Accessories from the comfort and confines of your vehicles cabin. Purchase 99994-1082 1 STD JOB LEDLIGHTBAR 379.95 2.00 2.00 250.00 629.95 as an optional accessory of the Kawasaki Genuine Hard Cab Enclosure. * KAF080-020 Harness Kit is req for installation Winch, wiper, cargo light & beacon light, Req prior to installation of rear accessory harness SYFLAT6-C 1 white domeCLEAR FLAT LED MODULE 6 Dome Light WITH SWITCH 0.50 0.50 62.50 161.50 99.00 SYFLAT6-C 6 white dome RED/BLUE LED MODULE 6 Dome Light WITH SWITCH - POLICE LIGHTS 99.00 3.00 0.50 375.00 969.00 LEGACY LED LIGHT BARS 1.00 1.0 1 LED-XS320LED 20 INCH STRAIGH 3 ROW 179.99 125.00 304.99 LEGACY LED LIGHT BARS 1 LED-XSSP35CLED CUBE PODS LIGHTS (SET OF 2) 99.99 1.00 1.0 125.00 224.99 TOTAL of your UV COUNTRY Custom MULE PRO 53,015.97 Please note price increase is due to the supply and demand of TOTAL DUE IN FULL AT COMPLETION PRIOR TO DELIVERY & aluminum as well the supply & demand of Side x Sides. Also, PURCHASE ORDER MUST BE RECEIVED NLT 10-20-2021 OR PRIOR 53,015.97 please note City of LaPorte must be provide stryker with TO HONOR THIS PRICING AS NOTED. mounting kit prior to med bed being complete THIS QUOTE IS CONFIDENTIAL and/or PRIVILEGED MATERIAL REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Louis R. Rigby, Mayor Source of Funds: Department:City Council Account Number: Amount Budgeted: ReportResolutionOrdinance Amount Requested: Exhibits:Proposed Reso. 2021-59 Budgeted Item:YesNo HCAD nomination packet Letter from Mike Sullivan SUMMARY The cities of the Harris County Appraisal District(HCAD), other than the City of Houston, are entitledto nominate and select a board member. Mike Sullivan, the former Harris County Tax Assessor-Collector, is the current representativefor the position, and has asked that he be nominated again. -year terms.The functions of the boardand additional information follow this cover sheet.Any nominating resolutions must be sent to the HCAD Chief Appraiser no later than October 15, 2021, to be considered for election. RECOMMENDED MOTION I move to adopt Resolution 2021-59, nominating Mike Sullivan as the Harris County Appraisal District (HCAD) board member representing cities other than the City of Houston, for a two- year term beginning January 1, 2022.(Should the desire be to nominate someone else, an amendment to the resolution would be necessary.) RESOLUTION NO. 2021-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT WHEREAS, those cities and towns other than the City of Houston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2022, and extending through December 31, 2023; and WHEREAS, the City Council of the City of La Porte, Texas, desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, that Section 1. The facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2. That Mike Sullivan, 4811 Shore Hills Drive, Kingwood, Texas, 77345, 713-898- 6969, be, and is hereby, nominated as a candidate for that position on the board of directors of the Harris County Appraisal District to be filled by those cities and towns other than the City of Houston within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2022. Section 3. That the Mayor of the City Council of the City of La Porte be, and is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15, 2021. PASSED AND APPROVED this, the __________ day of _________________________, 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 Harris County Appraisal District InterofficeMemorandum OFFICE OF CHIEF APPRAISER TO:PRESIDING OFFICERS OF TAXING UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM:ROLAND ALTINGER, CHIEF APPRAISER SUBJECT:SELECTION OF APPRAISALDISTRICT BOARD MEMBERS DATE:SEPTEMBER 1, 2021 Your taxing unit participates in selecting members of the Harris County Appraisal District’s board of directors. The board is composed of six memberswho serve two-year terms, all ofwhich expire December 31, 2021. This memorandum describes the process of selecting directors for the two-year term that begins January 1, 2022. Functions of the Board The appraisal district appraises all property in the county for ad valorem tax purposes. The board of directors is the governing body for the district. This board employs the chief appraiser, sets general policies for the district, and adopts the budget for the district. By law, board members cannot communicate with the chief appraiser regarding appraisals. There is no compensation for service on the appraisal district board of directors; however, directors are reimbursed for travel expenses if incurred. The board of directors typically meets once a month. Participating Units The current method of selecting directors was established by resolutions of the county, cities, and school districts participating in the appraisal district in 1981. The method of selection was modified in 1991 after the law was changed to provide a voting entitlement to conservation and reclamation districtsand has been modified to provide a voting entitlement for junior college districts. Sec. 6.031, Tax Code, authorizes an appraisal district to vary both the size and the method of selecting its board members. The six members of the Harris County Appraisal District’s board of directors are selected as follows: One member appointed by the Harris County Commissioners Court. One member appointed by the Houston City Council. One member appointed by the board of trustees of the Houston Independent School District. One member appointed by votes of the city councils of the cities other than Houston. Each city council casts a single vote. The candidate who receives the most votes is elected. One member appointed by vote of the boards of trusteesof the school districts other than Houston Independent School District and by boards of directors of the junior collegeswith territory in Harris County. Each school district board casts a single vote. The junior college districts collectively cast a single vote. The candidate who receives the most votes is elected. One member appointed by vote of the governing bodies of the conservation and reclamation districts that participate in the appraisal district. Each body casts a single vote. The candidate whoreceives the most votes is elected. In the event the county appoints someone other than the county assessor-collector to the board, the county assessor-collector will serve ex officio in a non-voting capacity as a seventh member. Board members whose termsexpire December 31, 2021, are: Mike Sullivan, Chairman, representing cities & towns, except City of Houston Martina LemondDixon,Assistant Secretary, representing junior college districts and school districts other than Houston ISD Al Odom, Member, representing City of Houston Jim Robinson,Member, representing Harris County Elizabeth Santos, Member, representingHouston ISD Jonathan Cowen, Member, representing conservation and reclamation districts Eligibility Requirements An individual must satisfycertainresidency, employment, and conflict-of-interest requirements to be eligible to serve on the board of directors. Residency:The candidate must be a resident of Harris County, and must have resided in the county for at least two years immediately precedingthe date he or she takes office. The appraisal district’s boundaries are the same as those for Harris County. Employment:An employee of a taxing unit served by the appraisal district may not serve, with one exception. An employee may serve if theemployeeis also a member of the governing body or an elected official of a taxing unitthat participates in the district. For example, a member of the governing body of a school district who is also a city employee would be eligibleto serve on the board. An individual is ineligibleto serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation inproceedings under this title in the appraisal district at any time during the preceding threeyears. Conflict-of-interest:A candidate may not serve if the candidate is related to a person who is in the business of appraising property or representing property owners for a fee in proceedings in the appraisal district. Relatives barredare those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: spouse;children;brothers and sisters; parents; grandparents; andgrandchildren. The spouse’s relatives in the same degree are included. A candidate who contracts with the appraisal district for any purpose, or who contracts with a taxing unit served by the districtfor a property tax related purpose, may not serve. Thesame rule applies to candidates who have a substantial interest in businesses contracting with the appraisal district (for any purpose) or with the taxing unit(for property tax purposes). A candidatehas a substantial interest if the candidate orthe candidate’s spousehas combined ownership of at least ten percent (10%) of the voting stock or shares ofthe business. A candidate also has a substantial interest if the candidate or the candidate’s spouse is a partner, limited partner, or an officerof the business. These prohibitions on contracting continue for the duration of the affected director’s term of office. The appraisal district may not employee any person who is related to an appraisal district director within the second degree by affinity or bythe third degree of consanguinity. This provision applies to existing employees at the time the director takes office and to employees hired during the director’s term. Delinquent taxes:Texas law makes a person ineligible to serve as an appraisaldistrict director if he or she has delinquent property taxes owing to any taxing unit 60days after the person knew orshould have known of the delinquency. Selection Procedures The procedures for selectingmembers of the board of directors for the two-year termbeginning January 1, 2022, are as follows: For Cities and Towns Other Than theCity of Houston The cities and towns other than the City of Houston appoint one member by majority vote of their city council. The process for these cities and townsinvolvestwo steps: nomination and election. Nomination The city council of each cityand town hasthe right to nominate a single candidate for the position. To nominate, the governing body must adopt a resolution nominating the candidate by formal action. Themayor, as presiding officer of the city council, must submit the nominee’s name to the chief appraiser of the Harris County Appraisal District no later thanOctober 15, 2021.The mayor must provide a certified copy of the resolution and may include a coverletter naming the nominee. Election BeforeOctober 30,2021,the chief appraiser will prepare a ballot listing the nominees in alphabetical order. The chief appraiser willdeliver a copy of the ballot to the mayor of each city or town. PriortoDecember 15, 2021,each city council must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votesand submit a certified copy to the chief appraiser. Ballots received by the chief appraiser after December 15may notbe counted. Prior toDecember 20, 2021, the chief appraiser will count the votes, declare the results, and notify the winner, the nominees and the managers ofeach city and town. A tie vote will be resolved bya method of chance chosen by the chief appraiser. For Junior Colleges and School Districts other than The Houston Independent School District With the exception describedbelow for junior college districts, exactly the same procedure described for cities and towns above applies to the selectionof the member who represents junior college districts and school districts other than Houston ISD. The board of trusteesof the school districts must nominate and elect following the deadlines and procedures described above. The four junior collegedistricts with territory in Harris Countymay participate in the selection of the member who represents school districts other than Houston ISD and the junior colleges. However, the junior college districts collectivelyhave the same voting authority as asingle school district. See Sec. 6.031(b-1), Tax Code.The boards of trustees of junior collegedistricts may each nominate a candidate following the deadlines and procedures described above. However, the four junior colleges collectively have a single vote in theelection. Each board of trustees may cast a vote by resolution and file the resolutionwith the chief appraiser. The collective vote will be automatically cast for the candidate who receives the most votes from among the junior colleges. As an example,ifone candidate receives three votes and another receives one vote, the junior colleges will be deemed to have collectively cast their vote for the candidate who received the three votes. For Conservationand Reclamation Districts The procedureand timetable for selecting the member who represents the conservation and reclamation districtsare the same as that described above for small cities and school districts. The conservation and reclamation districts that participate in the appraisal district maycast a single vote. The candidate who receives the most votes is elected. For Harris County, the City of Houston And the Houston Independent School District By December 15,2021,the governing body of each ofthese entities appoints a single person to represent it on the board. Each governing body must formally adopt a resolution naming the person who will serve as a board member and submit it to the chief appraiser at the address shown below: Roland Altinger Chief Appraiser Harris County Appraisal District 13013 Northwest Freeway P. O. Box 920975 Houston, Texas 77292-0975 To assist you in this process, I have enclosed a suggested form of resolution for the nomination of a candidate to the board of directors of the Harris CountyAppraisalDistrict. We invite your questions or comments on the board selection process. Please do not hesitate to call me at (713) 957-5274 Sincerely, Roland Altinger, RPA Chief Appraiser Attachments Cc:HCAD Board Members Tax Assessor Attorneys RESOLUTION NO. A RESOLUTION OF THE BOARD OF TRUSTEES OF THE_____________INDEPENDENT SCHOOL DISTRICT NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISALDISTRICT WHEREAS, thoseschool districts other thanthe Houston Independent School District within the Harris County Appraisal District and the junior college districts within the Harris County Appraisal District have the right and responsibility to elect one person tothe boardof directors of the Harris CountyAppraisal Districtfor a termof office commencing on January 1,2022, and extending through December 31, 2023; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such positiononsaid board ofdirectors; now, therefore BE IT RESOLVED BY THE BOARD OF TRUSTEES OF Section 1.That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2.That(name), (address, zip code)( phone number) be, and he or she is hereby nominated asa candidate for that position on the board of directors ofthe Harris County Appraisal District to be filled by thosejunior college districts and schooldistricts other than the Houston Independent School District within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2022. Section 3.That the presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorizedand directed to deliver or cause to be delivered a certified copy ofthis resolution to the chief appraiser of the Harris County Appraisal District no later than October15,2021. PASSEDAND APPROVED this day of ,2021. President, Board ofTrustees ATTEST: Secretary, Board of Trustees RESOLUTION NO. A RESOLUTION OF THE BOARDOF TRUSTEES OF THE JUNIOR COLLEGE DISTRICT NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRISCOUNTY APPRAISALDISTRICT WHEREAS, thoseschool districts other than the Houston Independent School District within the Harris County Appraisal District and the junior college districts within the Harris County Appraisal District have the right andresponsibility to elect one person tothe boardof directors of the Harris County Appraisal Districtfor a termof office commencing on January 1, 2022, and extending through December 31, 2023; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such positiononsaid board ofdirectors; now, therefore BE IT RESOLVED BY THE BOARD OF TRUSTEES OF : Section 1.That the facts and recitations set forth in the preamble of this resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2.That (name), (address, zip code)( phone number) be, and he or she is hereby nominated asa candidate for that position on the board of directors ofthe Harris County Appraisal District to be filledby those junior college districts and schooldistricts other than the Houston Independent School District within the Harris County Appraisal District for a two-year term of office commencing on January 1, 2022. Section 3.That the presiding officer of the governing body of this taxing unit be, andhe or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15,2021. PASSED AND APPROVED this day of ,2021. President, Board of Trustees ATTEST: Secretary, Board of Trustees RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ________________ TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISALDISTRICT WHEREAS, those cities and towns other than the City ofHouston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal Districtfora termofoffice commencing on January 1, 2022, and extending through December 31, 2023; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board ofdirectors; now,therefore BE IT RESOLVED BY THE CITYCOUNCIL OF : Section 1. That the facts and recitations set forth in the preamble ofthis resolution be, and they are hereby, adopted, ratified, and confirmed. Section 2.That (name), (address,zipcode)(phone number), be,and heorshe is hereby, nominated as a candidate for that position onthe board of directors ofthe Harris County Appraisal District tobe filled by those cities and towns other than theCity of Houston within the Harris County Appraisal District for a two-yeartermof office commencing on January 1, 2022. Section 3.Thatthe presiding officer of the governing body of this taxing unit be, and he or she is hereby, authorized and directedto deliver or cause to be delivereda certified copy of this resolution tothe chief appraiser of the Harris County Appraisal District no later than October 15,2021. PASSED AND APPROVED this day of ,2021. Mayor ATTEST: City Secretary RESOLUTION NO. _______ A RESOLUTION OF THE BOARD OF DIRECTORS OFTHE (CONSERVATION &RECLAMATION DISTRICT) NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISALDISTRICT WHEREAS, those eligible conservation and reclamation districtsparticipating in the Harris County Appraisal Districthave the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a termof office commencing on January 1, 2022, and extending through December 31, 2023; and WHEREAS, this governing body desirestoexercise its right to nominate a candidate for such position on said board ofdirectors; now, therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF : Section 1.That the facts and recitations set forthin thepreamble of this resolution be, and theyare hereby, adopted, ratified, and confirmed. Section 2.That (name), (address, zip code) ( phone number), be, and he or she is hereby, nominated as a candidate for that position on the board of directors oftheHarris County AppraisalDistrictto be filled by those eligible conservation and reclamation districts participating in the Harris County Appraisal District for a two-year term of office commencing on January 1,2022. Section 3.That the presiding officer of the governing bodyof thistaxing unit be, and he or she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the chief appraiser of the Harris County Appraisal District no later than October 15,2021. PASSED AND APPROVED thisday of ,2021. President, Board of Directors ATTEST: Secretary, Board of Directors REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2022 NA Requested By:Corby D. Alexander Source of Funds: Department:CMO NA Account Number: NA Amount Budgeted: ReportResolutionOrdinance NA Amount Requested: Exhibits:Resolutionof no objection forSeville Budgeted Item:YesNo Apartments, SETH Presentation SUMMARY& RECOMMENDATION The Seville Apartment is anaffordable housing, tax credit apartment complex located at 3701 Luella in La Porte.The Texas Department of Housing and Community Affairs (TDHCA)administers a program that awards tax credits toeligible participants to offset a portion of their federal tax liability in exchange for the production or preservation of affordable rental housing. The Seville Apartmentswere constructed in 2005. The complex is now in need to updates/improvements. The property owner, LSP Partners,in conjunction with the South East Texas Housing Finance Corporation(SETH)intendsto submit an application to the TDHCA for the 2022-2023 Housing Tax Credit to assist with the financing ofimprovements/investments in the property.This new application for tax credits requires the City conduct a public hearing and adopt a resolution of no-objection for the application to be considered. If approved, there is no financial commitment of behalf of the City for this project. The remodel project will include: Upgrades to granite countertops New floor covering in units Painting AC upgrades Roof replacement New appliances in units Landscaping and flatwork New fencing LSPPartners, LPexpects tospendapproximately $5 million on these upgrades. Representatives of SETH and the property owner will be present to discuss the project in greater detail. ACTION REQUIRED BY CITY COUNCIL the Texas Department of Housing and Community Affairs for 2022-2023 Housing Tax Credits for Seville Apartments located at 3701 Luella La Porte, Texas. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date •Organized in 1981 under the Texas Housing Finance Corporations Act, Local Government Code. •Instrumentality of local government Incorporating Counties: Austin, Brazoria, Chambers, Liberty, Matagorda, Walker, Waller and Wharton Incorporating Cities: Baytown, Pasadena, Deer Park, La Porte, Shoreacres, Tomball, Dickinson, League City, La Marque, Santa Fe and Texas City SETH Jurisdictions: 2021 HUD Area Median Incomes & TDHCA Urban/Rural Designations SETH Jurisdictions: 2021 HUD Area Median Incomes SETH Multi-Family Programs Tax-Exempt Bond Financing Total: $980 million in bonds, provided for 14,000 units of affordable & workforce housing. Current Portfolio: 8 multifamily developments comprising more than $90 million in bonds. SETH Multi-Family Programs Affiliated Partnerships Total: SETH Affiliates have previously owned housing developments with over 3,600 units. Current Portfolio: 6 multifamily developments comprising 850 units. SETH Single Family Programs Down Payment, Closing Cost Assistance & Homebuyer Education 6 single-family programs, 5 are administered nearly state-wide. Administered through 250+ mortgage companies & banks, many of which are active in your jurisdiction. Since 2012: •facilitated $3+ billion in favorable financing for first time home buyers, •provided over $125 million in down payment and closing cost assistance for 20,000 home buyers, and •provided SETH homebuyer training to over 30,000 households. SETH Single Family Programs Down Payment & Closing Cost Assistance City of La Porte Homebuyers Assisted since 2012: Total Households Assisted: 172 • Down Payment & Closing Cost Assistance Provided: $1,200,000 • Average Assistance per Household: $6,900 • Total Mortgage Funds Provided: $25,900,000 • 12 moAverage Home Sales Price: $201,000 Charitable Programs Granted over $3.2 million to our local jurisdictions to invest in affordable housing: •includes emergency repairs to homes owned by seniors or people with disabilities, •senior nutrition programs, •senior transportation vouchers, •correcting rural septic violations of low income residents, •rehabilitation of community centers serving low income residents, and •partnering with a homebuilder to provide a debt-free home to a disabled veteran's family. Active supporter of the non-profit Project Joy & Hope (PJH), which exists to enhance the quality of life and to prevent and relieve the suffering of children living with life-limiting conditions and their families. •Through our affiliate, Bayou Country Housing Trust Fund, a 501c3, we donated $275,000 to build a new duplexes in Pasadena, Texas •In total, SETH and our Board of Directors have donated over $1,000,000 to this non-profit. Advocacy Texas Association of Local Housing Finance Agencies (TALHFA): established in 1989 for the purpose of informing, planning and supporting the needs of local housing finance agencies in their delivery of affordable housing in the State of Texas. •All TALHFA members operate exclusively in Texas. Each represents a different part of the state, and are actively involved in the provision of economical housing for residents. National Association of Local Housing Finance Agencies (NALHFA): established in 1982, is a national association of housing finance agencies. •Advocates before Congress and federal agencies on legislative and regulatory issues affecting affordable housing and provides technical assistance and educational opportunities to its members and the public. •Members include city and county agencies, non-profits, and private firms, such as financial advisers and bond counsel, which help in producing housing from concept to completion. Contact Us: Rhonda Mitchell Jonathan Campbell Homeownership Program Director Executive Director 713.484.4663 x 110 713.484.4663 x 108 rmitchell@sethtexas.com jcampbell@sethfc.com RESOLUTION NO. RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR 2022-2023 TAX CREDITS FOR SEVILLE APARTMENTS, LOCATED AT 3701 LUELLA, LA PORTE, TEXAS STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE § WHEREAS, LSP Partners, LP has proposed an acquisition and rehabilitation for affordable rental housing of 180 units that will be located at 3701 Luella, La Porte, TX 77571 in the City of La Porte and WHEREAS, LSP Partners, LP intends to submit an application to the Texas Department of Housing and Community Affairs for 2022 or 2023 Housing Tax Credits for Seville Place Apartments. It is hereby §11.204(4), it is hereby found that: 1. §2306.67071(a); and 2. The Governing Body has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; and 3. The Governing Body has held a hearing at which public comment may be made on the proposed 4. After due consideration of the information provided by the Applicant and public comment, the Governing Body does not object to the proposed Application; and FURTHER RESOLVED that for and on behalf of the City Council of the City of La Porte, Texas, The Honorable Louis R. Rigby, Mayor is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. PASSED AND APPROVED the 11th day of October, 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 NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the 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 obligation 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) construction, renovation, , (vi) purchase of land for and construction, renovation, improvement 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 payable from ad valorem taxes and a limited 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%. financial advisor based upon current market 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 principal and interest required to 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 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2022 NA Requested By:Corby D. Alexander Source of Funds: Department:CMO NA Account Number: NA Amount Budgeted: ReportResolutionOrdinance NA Amount Requested: Exhibits:Resolutionof no objection forthe Seville Budgeted Item:YesNo Apartments, SETH Presentation SUMMARY& RECOMMENDATION The Seville Apartments is anaffordable housing, tax credit apartment complex located at 3701 Luella in La Porte.The Texas Department of Housing and Community Affairs (TDHCA)administers a program that awards tax credits toeligible participants to offset a portion of their federal tax liability in exchange for the production or preservation of affordable rental housing. The Seville Apartmentswere constructed in2005. The complex is now in need of updates/improvements. The property owner, LSP Partners,in conjunction with the South East Texas Housing Finance Corporation(SETH)intendsto submit an application to the TDHCA for the 2022-2023 Housing Tax Credit to assist with the financing ofimprovements/investments in the property.This new application for tax credits requires a resolution of noobjection fromthe City of La Porteto be considered. The remodel project will include: Upgrades to granite countertops New floor covering in units Painting AC upgrades Roof replacement New appliances in units Landscaping and flatwork New fencing LSP Partners expectstospendapproximately $5 million on these upgrades. Representatives of SETH and the property owner will be present to discuss the project in greater detail. ACTION REQUIRED BY CITY COUNCIL Consider and/or approve resolution ofno objection to application to the Texas Department of Housing and Community Affairs for 2022- 2023 Housing Tax Credits for Seville Apartments located at 3701 Luella. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2021-60 RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR 2022-2023 TAX CREDITS FOR SEVILLE APARTMENTS, LOCATED AT 3701 LUELLA, LA PORTE, TEXAS STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE § WHEREAS, LSP Partners, LP has proposed an acquisition and rehabilitation for affordable rental housing of 180 units that will be located at 3701 Luella, La Porte, TX 77571 in the City of La Porte and WHEREAS, LSP Partners, LP intends to submit an application to the Texas Department of Housing and Community Affairs for 2022 or 2023 Housing Tax Credits for Seville Place Apartments. It is hereby §11.204(4), it is hereby found that: 1. §2306.67071(a); and 2. The Governing Body has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Development; and 3. The Governing Body has held a hearing at which public comment may be made on the proposed 4. After due consideration of the information provided by the Applicant and public comment, the Governing Body does not object to the proposed Application; and FURTHER RESOLVED that for and on behalf of the City Council of the City of La Porte, Texas, The Honorable Louis R. Rigby, Mayor is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. PASSED AND APPROVED the 11th day of October, 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 NOTICE IS HEREBY GIVEN that the City Council of the City of La Porte, Texas (the 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 obligation 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) construction, renovation, , (vi) purchase of land for and construction, renovation, improvement, and equipm 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 payable from ad valorem taxes and a limited 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%. financial advisor based upon current market 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 principal and interest required to 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 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2022 015 -EDC Requested By:Lindsay French, Rec Superint.Source of Funds: Department:Parks & Recreation 015-8080-552-1100 Account Number: $2,873,929 Amount Budgeted: ReportResolutionOrdinance $2,959,990 Amount Requested: Exhibits:Phase 1 & 2 Conceptual Project Budget, Budgeted Item:YesNo Renovation Site Map SUMMARY& RECOMMENDATION Renovation of the Recreation and Fitness Center was first presented in FY2017. The approved budget for this project totals $2,873,929 and is funded through the Economic Development Corporation Fund. This project allows the Recreation and Fitness Center some much needed repairs and renovations. The Recreation and Fitness Center was opened in 1992 with the only major renovations being done in 2015 with the addition of the wood floors in the aerobics room as well as the gym and new carpet installed in the weight room and the main corridors. Due to the extent of renovations, repairs, and budget, we have phased out the repairs into two sections. Phase one would allow for some of the more pertinent items to be addressed with the second phase bringing in items to better update and allow more usability of the facility. Phase 1: The Recreation & Fitness Center phase one projected budget covers upgrades to the weight room, corridors, cardio room, lobby, locker rooms and administrative offices. The projected cost of phase one is $2,959,990. The weight room renovations consist of new flooring throughout, new paint and exposing the ceiling to make the entire area feel larger.New paint and flooring will allow us to lightenup the area and make it feel larger without the use of adding windows.Included with the weight room, the cardio area would also be getting the same upgrades. The locker rooms would be getting new paint, fixtures, counters, stalls, and flooring.We would also be repainting the lockers and upgrading them if the budget allows.Currently all of the amenities in the locker rooms are showing their age and are in need of replacement. The locker rooms are also very dark and with the new flooring and paint this will allow us to brighten up the space. The office renovation is also noted in phase one. The back office area will have two walls removed to open up the entry area and allow the recreation specialists to work together in a cubicle style setting. Included in the amount for the administrative offices will also be new paint throughout the area, an updated kitchen area, as well as furniture and fixtures. The lobby and corridors will be completely updated with a new center kiosk. This will completely change and update the entry to the facility and will make for a much better first impression. The total also includes all new flooring as well as painting throughout the lobby and the main hallways. The largest item of the phase one renovation plan will be the new HVAC system for the entire building. The current system we have has been band aided many times and is in desperate need of replacement. This will help the building maintain temperature better as well as prevent the constant leaks we get from the current system. Phase 2: The Recreation & Fitness Center phase two projected budget covers upgrades to the gym natatorium, cardio area, sauna, senior area and craft room, restrooms, as well as adding in a childcare center and lounge. The projected cost of phase two is $3,484,755. The renovations to the gym consist of adding windows from the gym looking into the weight rooms. This will allow for the more light to project into the gym and make both the gym and weight room feel larger. The weight room and cardio room will also see a change. The existing cardio room becomes additional space for the weight room moving the cardio room out towards the main corridor. The rooms that currently are the senior craft room and room two at the RFC will be combined and turned into a large cardio room. The entry and exit points for the new cardio room will be placed in the main hallway with the hallway wall being converted to windows. The natatorium exterior wall as well as the louvers will be completely replaced as well as getting all new pool equipment. The deck will be refinished and the room will be painted. The sauna, which is located within the natatorium, will also be completely overhauled. Another major change that phase two shows is a change to the senior center area. The current offices will be removed and we will add a child care center. This will allow for members to be able to drop their children off while they work out. The current senior front desk area will be moved to the current ramp area with the Special Services Superintendent office being moved to the main level of the Senior Center near the exterior doors. With this change we will also be able to incorporate a lounge area for members and guests near the restrooms. The Recreation and Fitness Center is a member driven facility for our residents. These upgrades are not only needed but will also bring in more members. Our facility has not seen any major upgrades since 2015 and the listed renovations would better improve out ACTION REQUIRED BY CITY COUNCIL The Recreation and Fitness Center project has been explored in many different ways over the past three years with these two current plans being presented having the most sustainability as well as being the most economical compared to other options. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date fmjnjobuf!xbmm REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Louis R. Rigby, Mayor Source of Funds:N/A Department:City Council Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:H-GAC letter onannualappointees& Budgeted Item:YesNo Proposed Reso. 2021-58 SUMMARY& RECOMMENDATION Per the bylaws of the Houston-Galveston Area Council (H-GAC), the City of La Porte is authorized to select one Councilperson as a representative and one as an alternate to the H-GAC General Assembly and Board of Directors. Additionally, the H- bylaws stipulate that the representative is the General Assembly delegate and, as such, is also designated to serve on H- The 2021representative is Mayor Pro Tem Chuck Engelken and the alternate is Councilperson Bill Bentley. Both are willing to continue serving in these roles.The 2022 representatives will begin the term of office the first of January2022. ACTION REQUIRED BY CITY COUNCIL Nominate and elect the-GAC 2022 GeneralAssembly and Board of Directors, and adopt Resolution 2021-58in support of same. HOUSTON-GALVESTON AREACOUNCIL Office of The Executive Director October 1, 2020 The Honorable Louis Rigby Mayor City of La Porte 604 W Fairmont Pkwy La Porte, TX 77571 Dear Mayor Rigby: -Galveston Area Council will be th entering our 55year of public service and we continue to explore opportunities to better serve our members. The General Assembly and Board of Directors are more active than ever and play an important and revitalized rolein setting the course for our agency. You have an opportunity to play a unique role in our future by designating the City Councilmember that will represent the City of La Porteat the annual gathering of our General Assembly and monthly Board meetings. H- 99,999 according to the last preceding Federal Census (2010) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-e the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H- yourcation actions. Please return the completed form by email to cynthia.jones@h-gac.com. The 2021designated representatives begin their terms of office onthe first of January 2021. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me at 713-993-4514 or Rick Guerrero at 713-993-4598. Thank you again for the City of La Portescontinuing participation and support for the Houston-Galveston Area Council. Sincerely, Chuck Wemple CW/cj Attachment cc: City Secretary Mailing AddressPhysical Address PO Box 227773555 Timmons Lane, Suite 120 Houston, Texas 77227-2777Houston, Texas 77027 Phone 713-627-3200Phone 713-627-3200 RESOLUTION 2020-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING CITY REPRESENTATIVES TO THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) 2021 GENERAL ASSEMBLY AND BOARD OF DIRECTORS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: 1. The following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2021: REPRESENTATIVE ___________________________________ ALTERNATE _______________________________ 2. They are hereby designated as the representative and alternate to the Board of Directors of the Houston- Galveston Area Council for the year 2021. 3. The Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. th PASSED and APPROVED this, the 26 day of October, 2020. CITY OF LA PORTE, TEXAS __________________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ __________________________________ Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney RESOLUTION 2021-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING CITY REPRESENTATIVES TO THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) 2022 GENERAL ASSEMBLY AND BOARD OF DIRECTORS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: 1. The following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2022: REPRESENTATIVE ___________________________________ ALTERNATE __________________________________ 2. They are hereby designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2022. 3. The Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. th PASSED and APPROVED this, the 11 day of October, 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 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:October 11, 2021 Requested By:Louis R. Rigby, Mayor Source of Funds:N/A Department:City Council Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits: None Budgeted Item:YesNo SUMMARY& RECOMMENDATION The City Council has traditionally cancelledthe secondmeeting of themonthin November and December. Special sessions can be scheduled if the need arises for additional meetings. Thesecond Mondays for these months are Nov. 8 and Dec. 13, and the fourth Mondays areNov. 22and Dec.27. ACTION REQUIRED BY CITY COUNCIL Select which dates to hold regular meetings in November and December.