HomeMy WebLinkAbout02-14-11 Regular Meeting and Workshop Meeting of La Porte City Council
B
-~"._--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14, 2011
Requested By: Michael Dolby, CPA
Department: Finance
Appropriation
Source of Funds: N/ A
Report:
Resolution:
Ordinance:
Account Number: N/A
xx
Amount Budgeted: N/A
Exhibits: Ordinance
Amount Requested: N/A
Exhibits: Excerpt from FY 2011 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2010-11 Budget on September 13, 2010.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2010-11 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Airport
La Porte Area Water Authority
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
Drainage Improvement Fund
2004 Certificates of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificates of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Original Budget
$36,721,763
831,499
700,000
351,000
373,519
1,215,599
1,919,250
7,885,956
22,068
1,040,920
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
o
647,184
330,000
3,516,576
316,496
689,488
$69,081,973
Previously
Amended Budget
$36,851,239
936,724
1,400,000
383,003
375,519
1,220,993
1,919,250
7,888,392
22,068
1,040,920
3,060,758
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
o
647,184
330,000
3,516,576
3] 6,496
689,488
$70,075,517
Proposed
Amended Budget
$36,855,148 *
1,009,210 *
1,400,000
383,003
375,519
1,220,993
1,919,250
7,888,392
22,068
1,040,920
3,060,758
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
35,615 *
647,] 84
330,000
3,516,576
316,496
689,488
$70,187,527
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2010-11 Budget for the following:
A. $3,909 in the General Fund for fire marshal training. The increase will be offset by LEaSE funds that have
been held in an escrow account.
B. $3,406 in the Grant Fund for LEaSE funds for the police department to be used for training. The increase
will be offset by LEaSE funds that have been held in a reserve account.
C. $35,615 in the 2006 General Obligation Bond Fund (048) to move funds obtained from the sale of excess
detention capacity credits to a developer into the Park Zone 1 Escrow Funds in the Grant Fund.
D. $35,615 in the Grant Fund for improvements to the Brookglen Park Recreation Center and outdoor
restroom facility. (This item was taken to Council on January 24th)
E. $30,465 in the Grant Fund for improvements to the RFC Pool. The funding will come from the Park Zone
#9 escrow account.
F. $3,000 in the Grant Fund for the painting of the light standards at Fainnont Park. The funding will come
from the Park Zone #2 escrow account.
Jlwh'
Ron Bottoms, City Manager
Date
ORDINANCE NO. '33 I 7
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require
that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas,
prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the
adoption of said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2010, through September 30, 2011, has
heretofore been presented to the City Council and due deliberation had thereon, was filed in the office
of the City Secretary on July 26, 2010, and a public hearing scheduled for September 13, 2010 was
duly advertised and held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2010, through September 30, 2011.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the ~y of ftbr Ua.A(-, 2011.
CITY OF -7r~~ T~XAS
Lo is Rj. Rigby, May. r
ATTEST: ~'Cj
~Ji{A. Atn( \,1I-CLMtp
~ nt City Secretary
A~D:
~ r~
lark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 10-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,721,763 36,721,763
Grant Fund 590,551 831,499
Street Maintenance Sales Tax 718,613 700,000
Community Investment 259,410 351,000
Hotel/Motel Occupancy Tax 419,000 373,519
Section 4B Sales Tax 1,443,226 1,215,599
Tax Increment Reinvestment 2,000,750 1,919,250
Total Governmental Types 42,153,313 42,112,630
Enterprise:
Utility 7,894,600 7,885,956
Airport 54,782 22,068
La Porte Area Water Authority 1,219,011 1,040,920
Total Enterprise 9,168,393 8,948,944
Internal Service
Motor Pool 2,095,815 3,043,748
Insurance Fund 4,548,418 4,903,465
Technology Fund 164,784
Total Internal Service 6,809,017 7,947,213
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2007 C/O Bond Fund 647,184
2010 C/O Bond Fund 10,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,550,626
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,163,553 69,081,973
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 10-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,735,672 36,855,148
Grant Fund 654,097 1,009,210
Street Maintenance Sales Tax 718,613 1,400,000
Community Investment 259,410 383,003
Hotel/Motel Occupancy Tax 419,000 375,519
Section 4B Sales Tax 1,443,226 1,220,993
Tax Increment Reinvestment 2,000,750 1,919,250
Total Governmental Types 42,230,768 43,163,123
Enterprise:
Utility 7,894,600 7,888,392
Airport 54,782 22,068
La Porte Area Water Authority 1,219,011 1,040,920
Total Enterprise 9,168,393 8,951,380
Internal Service
Motor Pool 2,095,815 3,060,758
Insurance Fund 4,548,418 4,903,465
Technology Fund 164,784
Total Internal Service 6,809,017 7,964,223
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2006 GO Bond Fund 35,615
2007 C/O Bond Fund 647,184
20 I 0 C/O Bond Fund 10,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,586,241
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,241,008 70,187,527
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c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14,2011
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
N/A
Department:
Parks & Recreation
Acc't Number:
Report: _Resolution: _Ordinance:---X.....
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Although a Harris County Park, Sylvan Beach is located within the City limits of La Porte. As
such, it is routinely patrolled by both the Harris County Sheriffs Office and the La Porte City Police
Department. Since Sylvan Beach is a County Park, however, it is not included in our City of La
Porte Park system. As such, La Porte Police Officers lack the authority to enforce the various
general use park provisions, including those prohibiting the possession of alcohol in a park.
The attached revision would revise the Code of Ordinances by extending the La Porte City general
use park provisions to Sylvan Beach Park, providing La Porte Police Officers with the proper
authority to enforce these provisions within the Park. The Park would continue to belong to Harris
County, which has approved the language included in the attached ordinance revision.
Staff is recommending the approval of this Ordinance as it will greatly enhance the safety and quality
of life for those using Sylvan Beach Park.
Action Reauired bv Council:
Consider approval of an Ordinance amending chapter 50 "Parks and Recreation" of the Code of
Ordinances of the City of La Porte, Texas; adopting Use Regulations for Sylvan Beach Park,
. cl ing Prohibition of Alcoholic Beverages.
.J.19 f, I
Date
ORDINANCE NO. 2011- 3.:) 18
AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; ADOPTING USE
REGULATIONS FOR SYLVAN BEACH PARK, INCLUDING PROHIBITION OF
ALCOHOLIC BEVERAGES; CONTAINING A SEVERABLITY CLAUSE;
CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS
CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I
"Generally" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by
amending Section 50-186 "Reserved", which said Section shall read as follows:
"Sec. 50-186. Alcohol prohibited.
(a) The possession, consumption, or display of alcoholic beverages at Sylvan Beach Park is
prohibited, nor shall any person sell, give away, or otherwise distribute any alcoholic
beverage at Sylvan Beach Park.
(b) Alcoholic beverages shall be allowed when authorized by Harris County pursuant to a
concession agreement, license, or permit. Approval of Harris County to distribute or sell
alcoholic beverages shall be conditional to any permit approvals, licensing requirements,
or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.)
(c) The prohibition contained within this section shall be subordinate to any contrary rule or
regulation of Harris County and to the extent of any conflict shall be of no force or
effect.
(d) Any person, as defined in V.T.C.A. Penal Code 9 1.07(27), who shall violate any
provision of this section shall be deemed guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed $500.00. Neither allegation nor evidence of a
culpable mental state is required for the proof of an offense defined in this section."
SECTION 2. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I
"Generally" of the Code of Ordinances ofthe City of La Porte, Texas is hereby amended by adding
new Section 50-187, which said Section shall read as follows:
Page 1 of7
"Sec. 50-187. Regulation of park use at Sylvan Beach Park.
(1)
Special use generally. No person shall hold, conduct, or cause to occur any special use of any
park, park area or facility without first obtaining the written permission of the Harris County
Precinct 2 Park Superintendent.
(2)
Special park facilities generally. No person shall visit, use or otherwise be within or upon any
park, park area, park related facility or rental facility outside the posted hours of operation
without the written permission of the Harris County Precinct 2 Park Superintendent, nor shall
any person during such posted hours be within or upon such facilities without first paying any
applicable fees and/or securing any required permits related thereto.
(3)
Concessions and sales generally. No person shall have the right to offer anything for sale or
barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or
other business for which any participation or admission fee is charged or revenue is otherwise
derived within Sylvan Beach Park related facility or rental facility without first obtaining the
written consent of the Harris County Precinct 2 Park Superintendent.
(4)
Playing of musical devices. No person shall play any musical instrument, radio, tape player,
compact disc player, or other musical device within Sylvan Beach Park other than for his/her
own enjoyment, provided that such person shall not thereby encroach upon the use and
enjoyment of the parks by others.
(5)
Glass containers prohibited; exception. No person shall bring into or upon Sylvan Beach Park,
or have in his/her possession while therein or thereupon, any glass receptacle including but not
limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The
prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum
bottles and glass lined picnic beverage coolers.
(6)
Litter prohibited. No person shall throw or otherwise dispose of any trash or litter in Sylvan
Beach Park except in the containers provided therefor.
Page 2 of7
(7)
Dumping prohibited. No person shall dump any debris, junk, garbage, waste, fill, or other
material onto or into Sylvan Beach Park or the water areas thereof.
(8)
Camping prohibited. No person shall establish a campsite upon or use any area of the Sylvan
Beach Park as a campsite without the prior written permission of the Harris County Precinct 2
Park Superintendent.
(9)
Building of fires prohibited. No person shall build or cause to be built any fires within Sylvan
Beach Park areas except in the camp stoves or grills provided therefor and only for the purpose
of food preparation. Personal stoves or grills brought to Sylvan Beach Park by the public for
such purposes shall be exempt from this provision, provided such apparatus is located so as not
to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon
the use and enjoyment of the parks by others. Exceptions may be provided, subject to written
permission and approval of the Harris County Precinct 2 Park Superintendent and the city fire
marshal.
(10)
Fireworks prohibited. No person shall discharge any fireworks upon or within Sylvan Beach
Park. Professional fireworks displays proposed as a part of an event of program shall be exempt
from this provision subject to the written permission and approval of the Harris County Precinct
2 Park Superintendent and the city fire marshal.
(11)
Flying of kites, radio controlled airplanes restricted. No person shall fly any kite, radio
controlled airplane or similar device within 100 feet of any park building or playing field in use
by other patrons, nor operate such device so as to endanger any park patron or thereby encroach
upon the use and enjoyment of the parks by others.
(12)
Amusement rides prohibited. No person shall erect or operate any mechanical amusement rides,
midway rides, air containing apparatus, or similar apparatus within Sylvan Beach Park, without
the prior written permission of the Harris County Precinct 2 Park Superintendent.
(13)
Page 3 of7
Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck,
sport utility vehicle, motorcycle, all-terrain vehicle, go-cart, trail bike, or any other vehicle over
or through Sylvan Beach Park except along or upon designated park drives, or parkways.
a.
Parking of vehicles. No person shall park any motorized vehicle in Sylvan Beach Park except in
the areas designated for such purpose.
b.
Commercial or heavy laden vehicles prohibited. No person shall drive, propel, or park any
heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any
moving van or truck within Sylvan Beach Park.
c.
Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for
accessibility and operated by senior citizens or physically challenged individuals, or where the
operation and/or usage of such vehicles or other vehicles are approved by the Harris County
Precinct 2 Park Superintendent as a part of routine maintenance, or a program, activity, or event.
In the event that motorized vehicles are allowed in park areas within Sylvan Beach Park, such
motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park
areas.
(14)
Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep,
donkey, mule, or other livestock over or through Sylvan Beach Park, except along or upon
designated bridle paths and driveways, or to or from loading or unloading points, or unless prior
approval has been received therefor by the Harris County Precinct 2 Park Superintendent as a
part of a program, activity or event.
(15)
Teasing, injuring, etc., animals, fowl or fish, prohibited. No person shall tease, annoy, molest,
catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or
weapon any animal in Sylvan Beach Park. This provision will not apply to fishing or fishing
activities in Galveston Bay unless there is clear visual evidence of abuse.
(16)
Gambling, games of chance prohibited. No person shall gamble, conduct or operate any bingo,
lottery or other games of chance within Sylvan Beach Park. This provision will not apply to
bingo games or other nonprofit games, which is approved in writing by the Harris County
Precinct 2 Park Superintendent.
Page 4 of7
(17)
Erecting structures, bill posting, etc., prohibited No person shall place, erect, or attach any
structure, sign, bulletin board, post, pole, or advertising device of any kind whatever in Sylvan
Beach Park; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence,
railing, post, or structure in Sylvan Beach Park unless authorized by a written, signed agreement
or permit issued by the Harris County Precinct 2 Park Superintendent.
(18)
Handbill distribution prohibited No person or bill distributor shall hand to or foist upon any
park patron a handbill or other material without the consent of such park patron, nor shall any
bill distributor thereby encroach upon the use and enjoyment of Sylvan Beach Park.
(19)
Walking, standing, or sitting on borders, flower beds, etc., prohibited No person shall walk,
stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in Sylvan
Beach Park unless the border, et aI, is clearly designed or designated for such purpose.
(20)
Removal of plants, tree cutting prohibited No person shall remove or cut any flower, shrub,
vine, tree, or other plant in of Sylvan Beach Park without the written permission of the Harris
County Precinct 2 Park Superintendent.
(21)
Planting of trees, plants, restricted No person shall plant any flower, shrub, tree, or other plant
in of Sylvan Beach Park without the written permission of the Harris County Precinct 2 Park
Superintendent.
(22)
Hunting, use offirearms prohibited No person shall hunt any animal or shoot, fire, or discharge
any pistol, shotgun, or rifle, other firearm or archery arrow in, on, along, or across Sylvan Beach
Park.
(23)
Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or
otherwise deface any real or personal property in, on, or within Sylvan Beach Park.
(24)
Page 5 of7
Dogs or other animals, pets, on park property other than buildings, facilities. No person may
bring into or possess at Sylvan Beach Park any animal other than a dog or domestic cat. Any
person bringing a dog or domestic cat into the park shall keep the dog or domestic cat confined
to a vehicle or secured by a leash not exceeding six (6) feet in length. It is the responsibility of
the owner/leash holder to remove and properly dispose of waste deposits discharged by a dog,
animal, or pet on park property.
The prohibitions contained within this section shall be subordinate to any contrary rule or
regulation of Harris County and to the extent of any conflict shall be of no force or effect. Any
person, as defined in V.T.C.A. Penal Code S 1.07(27), who shall violate any provision of this
section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
not to exceed $500.00. Neither allegation nor evidence of a culpable mental state is required for
the proof of an offense defined in this section."
SECTION 3. Appendix B "Fines", of the Code of Ordinances of the City of La Porte is hereby
amended by adding Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I
"Generally", which shall read as follows:
"(a) Fine for violation of S 50-186 .................... $500.00 ................. .50-186
(b) Fine forviolationofs 50-187 .................... $500.00 ..................50-187
SECTION 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
SECTION 4. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance
or their application to other persons or sets of circumstances shall not be affected thereby, it being
the intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
voidness or invalidity of any other portion hereof, and all provisions of this ordinance are
declared to be severable for that purpose.
SECTION 5. Any person who violates a provision of this Ordinance, upon conviction in the
municipal court of the City of La Porte shall be guilty of a misdemeanor and shall be subject to a fine
not to exceed five hundred dollars ($500.00).
Page 6 of7
SECTION 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting ofthe City Council was posted
at a place convenient to the public at the City Hall as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
SECTION 7. 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 Houston Chronicle at least once within the ten (10) days after
the passage of this ordinance.
PASSED AND APPROVED, !h;s ~\A Y OF f::-tbr U lll1j' 20 II
ATTEST:
~ nL \~),'11vL~ 'L{)
harris, Assistant City Secretary
APPtLA: T~ F~:
'~/.~
Clark T. Askins, Assistant City Attorney
Page 7 of7
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested. Februarv 14.2011
Requested By: K. Askms
Appropriation
Source of Funds: N/A
Department:
l.egal
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Industrial District Arreement
SUMMARY & RECOMMENDATION
Ordinance 2007-IDA-122 approves the Industrial District Agreement between the City of La Porte and Kuraray
America, Inc., for the term commencing January 21, 2011, and ending December 21,2019.
This Industrial District Agreement covers the unimproved 81 acres at 13100 Bay Area Boulevard, which the City of
La Porte sold to Kuraray America, Inc., on January 21,2011.
Action Required bv Council:
J, /8 !I'
Date
ORDINANCE NO. 2007-IDA-122
( --:"~~ IC/ )
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH KURARAY AMERICA, INC., FOR
THE TERM COMMENCING JANUARY 21, 2011, AND ENDING DECEMBER 31, 2019,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. KURARAY AMERICA, INC., has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 21, 2011, and ending December 31, 2019, a copy
of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of February, 2011.
ATTEST:
~ti(1l'l., ~4.~/)
a arr1.S
Assistant City Secretary
APPROVED:
~t1J
Knox W. Askins
City Attorney
By:
2
'7
----------------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
February 14.2011
Bud2et
Requested By:
Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted: Nt A
Exhibits: Opposing Heavy Haul Corridor Resolution
Amount Requested:
Exhibits: Supporting Heavv Haul Corridor Resolution
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Attached are two resolutions, one opposing any legislation increasing the truck haul weights within the City of La
Porte and the other resolution supporting legislation that would increase the truck haul weights within the City of La
Porte, including a heavy haul corridor(s).
Action Required bv Council:
Approve resolution opposin2 or supportin2 legislation that would increase truck haul weights and the
deve ill nt ofa truck heavy haul corridor(s) in the City of La Porte.
J I'd I II
Date
~(\I-eC \
RESOLUTION NO. 2011-
A RESOLUTION SUPPORTING LEGISLATION THAT INCREASES THE
MAXIMUM TRANSPORT HAULED OVER ROADWAYS IN THE CITY OF LA
PORTE, TO INCLUDE A HEAVY HAUL CORRIDOR(S); FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, legislation is being proposed to allow trucks to increase their haul capacity
from 80,000 pounds to 100,000 pounds along certain roadways within the City of La
Porte;
WHEREAS, the City of La Porte recognizes that local industry would benefit from
increasing the weight limits on transport hauled within the City of La Porte and
surrounding region;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The City of La Porte supports legislation that would increase the haul weights
for trucks within the City of La Porte; including Heavy Haul Corridors.
Section 2. 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 the 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 resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective upon its passage and approval.
Passed by the City Council this 14th day of February, 2011.
CITY OF LA PORTE
Louis R. Rigby
Mayor
ATTEST:
Sharon Harris
Assistant City Secretary
APPROVED:
1/l#tt /{ ~
Clark Askins
Assistant City Attorney
RESOLUTION NO. 2011- () I
A RESOLUTION OPPOSING ANY LEGISLATION THAT INCREASES THE
MAXIMUM TRANSPORT HAULED OVER ROADWAYS IN THE CITY OF LA
PORTE, TO INCLUDE A HEAVY HAUL CORRIDOR(S); FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, legislation is being proposed to allow trucks to increase their haul capacity
from 80,000 pounds to 100,000 pounds along certain roadways within the City of La
Porte;
WHEREAS, the City of La Porte is concerned about the safety of our citizens as a result
of increasing the haul weights;
WHEREAS, the City of La Porte is concerned about the effects to the transportation
infrastructure from the additional haul weights;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. The City of La Porte opposes any legislation that would increase the haul
weights for trucks within the City of La Porte; including Heavy Haul Corridors.
Section 2. 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 the 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 resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 3. This Resolution shall be effective upon its passage and approval.
Passed by the City Council this 14th day of February, 2011.
ATTEST:
YfLWld){, ~.
Sharon Harris
Assistant City Secretary
APPROVED:
~T~
Clark Askins
Assistant City Attorney
CITY OF 0~rE
(fl./,/
'.J '
\ I
'-- Louis R. Rigby
Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 14. 2011
Source of Funds: N/ A
Requested By: Tim Tietiens. Chief Adcox
Account Number:
Department: PlanniDl! and Police
Amount Budgeted:
Report: _Resolution: _Ordinance: ~
Amount Requested:
Exhibits: Budgeted Item: _YES _NO
1. Ordinance highlight-strikeout version
2. Ordinance as proposed
SUMMARY
Last year, the existing wrecker services serving La Porte requested the City consider some adjustments to
the current Wrecker Ordinance. Several public hearings were held to review the proposals. Additional
input was gathered from the Inspections Division who issues the wrecker licenses and the Police
Department who inspects the vehicles and administers the call-out rotation. After hearing testimony, the
Wrecker Committee evaluated and supported the proposal which recommends procedural changes as
listed below as well as cleans up some provisions to comply with state law:
· The rotation list would contain a slot for each wrecker company (regardless of the number of
vehicles in the company fleet) rather than a rotation slot for each individually permitted vehicle.
· Each wrecker would post a color-coded sticker in the windshield so the Police Department could
more easily determine annual permitted status of that vehicle. A level 1 CVSA inspection would
be required for heavy duty wreckers.
· Further clarified the condition that heavy duty wreckers are subject to the maximum non-consent
tow rate when towing a vehicle not requiring a heavy duty wrecker. Also provides a definition of
heavy duty wrecker.
· Requires that an applicant provide proof of ownership of a properly constructed vehicle storage
facility. A lease, license, or tenancy would not constitute proof of ownership.
· Adjusted the lettering sizes required on wreckers to conform to TDLR requirements.
Action Required bv Council:
Consider approval of ordinance amending Chapter 78, Vehicles for Hire of the Code of Ordinances by amending
A . e II, Automobile Wreckers and Towing Vehicles as recommended by the Wrecker Committee.
J!f!)/W
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III.
"AUTOMOBILE WRECKERS AND TOWING VEHICLES" REGARDING REGULATION
OF WRECKERS AND TOWING SERVICES, AND PERMITTING OF SAME; 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 ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 1 "Generally", Section 78-196 "Definitions," of the Code of
Ordinances, La Porte, Texas, by amending and/or adding the following definitions, which shall
read as follows:
"Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident
where a vehicle has collided with another vehicle or other object or which has been wrecked or
disabled in any manner for the purpose or expectation of towing, removing or hauling away the
wrecked vehicle from the scene of the accident \vithout having been expressly summoned there
by the police department or the owner of one of the vehicles involved in the accident."
Section 2: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision I "In General", Section 78-247 "Permits
are personal to owners; transferal," of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
Sec. 78-247. Permits are personal to owners; transferal.
A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal
permit to the owner and shall not entitle any other person or corporation to 0 erate such towing
vehicle or auto wrecker.
The permits issued pursuant to this article are transferable as between owners only upon
the express approval of the committee, and shall be subject to a transfer fee in an amount
established by the city and listed in appendix A of this Code, if approved. A denial of the right to
transfer a permit may be appealed to the city council, in compliance with the terms of section 78-
224. Upon cancellation of any permit no portion of the permit fee shall be refunded to the
owner."
Section 3: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-
297 "Application," subparagraph "5", of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
" (5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. Make, model and type of vehicle to be used;
c. Whether or not all insurance required by this article has been procured, or will be
procured;
d. That the applicant properly fenced storage facility
for wrecked vehicles, the size of his business location and lot, that the lot is located
within the city limits and conforms to the use, setbacks, parking, screening,
landscaping and any other a licable regulations as set forth in 106 of
the Code of Ordinances
. It is the responsibility of the applicant
to request a site inspection from the planning department, inspections division prior to
the hearing;
e. Determine that all city ad valorem taxes and other taxes of the applicant have been
paid;
f. Whether the vehicle shall be operated by the owner, or by his employee with a bona
fide employer/employee relationship;
g. Whether the applicant proposes to own, rent or lease the vehicle to be used;
h. The number of auto wreckers for the applicant then in existence and licensed;
i. Whether the applicant shall be able to demonstrate the ability to at all times respond to
police calls for emergency wreckers within 20 minutes of the call; and
j. Any and all other facts the committee may deem relevant."
2
Section 4: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-
301 "Issuance", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
"Sec. 78-301. Issuance.
After the owner has filed his application for an auto wrecker permit, a hearing has been held, the
applicant has been approved by the wrecker committee, the applicant has filed the required
insurance, the auto wrecker to be permitted has been presented to the police department for an
inspection, the auto wrecker has passed such inspection, a certificate of passage of inspection has
been presented by the police department to the chief building official, and the city secretary and
city attorney have examined same and found them to be in compliance with the terms of this
article, the city secretary shall issue to the owner a permit to operate an auto wrecker in the city
upon the public streets, which permit shall bear upon its face the make, model, motor number,
permit number and the license number of the auto wrecker. Such ermits shall be issued ~~t~~
secretary upon authorization of the wrecker committee, oithe
and shall be attached to the auto wrecker. Such permits shall be attached to the front
.... ......
permits are and shall always remain the property of the city. In the event of
suspension or revocation of a permit, for any cause, it shall be unlawful for the owner of the
permit to retain such permit, and he shall cause the permit to be destroyed or surrendered to the
city secretary immediately upon notification of such suspension or revocation, as is feasible."
Section 5: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-328 "Specifications and Required
Equipment," subparagraph "(e)", of the Code of Ordinances, La Porte, Texas, is hereby amended
to read as follows:
" (e) Required equipment. Each emergency auto wrecker, and all auto wreckers that are to be
eligible to be summoned to an accident scene when requested by a driver, shall be provided with
the following:
(1) Fire extinguishers. Such fire extinguishers are defined as that piece of equipment commonly
carried to extinguish fires caused as a result of an auto accident or collision. The fire extinguisher
shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires.
(2) Parking flares. The parking flares are defined as that piece of equipment commonly used in
motor transportation as a signal flare or light to warn of an obstruction on the highway.
3
(3) Tow bars. The tow bars are that piece of equipment sometimes known as the A-frame, which
is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing,
stability and to prevent swinging of the raised vehicle as it is being towed. When a vehicle is
being towed, the tow bar shall be in place to prevent swinging.
(4) Broom and sand box. There shall be a broom and a sand box with at least a three-gallon
capacity for the purpose of cleaning up oil and other liquids.
(5) Shovel and pinch bar. There shall be a shovel and pinch bar.
(6) Container for debris. There shall be a container to hold glass and debris.
Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned
to an accident scene shall carry the equipment required by this section at all times. Every
emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an
accident scene shall be annually ins ected by the police department of the city for com liance
with the equipment re uirement
Section 6: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-326 "Wrecker Rotation List," of the
Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
Sec. 78-326. Wrecker rotation list.
(a) All auto wrecker desiring to be called for wrecker service by the
city police department shall request in writing to be placed on a ualified auto wrecker rotation
list to be maintained by the police de artment.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is
requested by the city police department, except in a nonarrest situation, where the vehicle owner
has requested a specific wrecker.
( c) When a police officer investigating an accident determines that any vehicle which has been
involved in a collision or accident upon a public street is unable to proceed safely under its own
power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall
4
request the owner to designate the wrecker the owner desires to remove
that vehicle. When the owner has designated the wrecker company desired, the police
officer shall communicate the fact immediately to police department headquarters, and it shall be
the duty of the dispatcher receiving such information at headquarters to call the designated
company, provided the company can respond to the location within 20 minutes. If the company
cannot respond in the designated time, the owner shall be so informed and given an opportunity
to designate another company.
(d) If the owner of a vehicle involved in an accident or collision is physically unable to designate
the wrecker company desired, or refuses to designate one, the investigating officer shall
communicate the fact immediately to police department headquarters. The police department
shall maintain a wrecker rotation list which shall contain the names and addresses of each
wrecker company that complies with the provisions of this article in order that
such company might be called upon for wrecker service by the police department. The police
officer a call at police headquarters for wrecker service shall call the first wrecker
on the list to tow the disabled vehicle or move the vehicle from the
public streets of the
p~
.re . .After the company at the
top of the list receives a call, then the company's name shall be placed at the bottom of the list
and the next company shall be moved to the top of the list and it shall receive calls. This process
shall be repeated until each company providing wrecker service under the provisions
of this article has received calls. The police department shall notify each wrecker company in
sufficient time prior to its rendering such wrecker service in order that the company might
adequately provide the necessary men and equipment to answer the calls. Specifically requested
wreckers must be duly licensed by the state and able to respond to the scene within a 20-minute
time frame. If they cannot respond in that time frame, the officer in charge will advise the
requesting party and request a wrecker from the rotating list.
( e) If an wrecker service company is requested by the police department to make
a call and the company agrees to make the call, then the company shall proceed immediately to
the scene where it is directed and shall be given a 20-minute time frame to reach such location. If
the wrecker service company answering the call has not reached the location
within 20 minutes, then the officer at the scene may proceed to call the next wrecker
service on the list, and that company shall have priority over that particular call.
If the wrecker service company called fails to comply with the provisions of this
articl~ ~y proceed~g~...~g:t~e designated place within the time specified in this subsection, then
this flMtQ wrecker QIlJtQ-w1.ng service company shall be removed from the top of the list and placed
at the bottom of the list.
(t) This section only applies to accident scenes and not to custodial arrests. The 20-minute time
frame does not apply if the officer in charge deems the situation to be too dangerous in nature to
wait that period oftime."
Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-329 "Permissible fees and Charges for
Non-Consent Towing", subparagraph "(a)", of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
5
(a) "Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in
this section, the maximum charge for all non-consent tows from the scene of an accident
in the city limits to the place of business of the wrecker operator, or other location, shall
not exceed an amount established by the city and listed in appendix A of this Code. A
non-consent tow means picking up the vehicle or moving and towing the vehicle from the
street to a location, where the tow was not initiated by the vehicle owner or operator or
the consent of the vehicle owner or 0 erator has not been otherwise secured.
Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of this ordinance as codified in the Code of Ordinances herein, 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 11. 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 12. 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
6
PASSED AND APPROVED this the
day of
,2011.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
7
ORDINANCE NO.
j?)2n
AN ORDINANCE AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE III.
"AUTOMOBILE WRECKERS AND TOWING VEHICLES" REGARDING REGULATION
OF WRECKERS AND TOWING SERVICES, AND PERMITTING OF SAME; 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 ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 1 "Generally", Section 78-196 "Definitions," of the Code of
Ordinances, La Porte, Texas, by amending and/or adding the following definitions, which shall
read as follows:
"Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident
where a vehicle has collided with another vehicle or other object or which has been wrecked or
disabled in any manner for the purpose or expectation of towing, removing or hauling away the
wrecked vehicle from the scene of the accident having been expressly summoned there by the
police department or the owner of one of the vehicles involved in the accident."
"Heavy duty wrecker means an auto wrecker which is not less than five (5) tons in size."
Section 2: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision I "In General", Section 78-247 "Permits
are personal to owners; transferal," of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
"Sec. 78-247. - Permits are personal to owners; transferal.
A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal
permit to the owner and shall not entitle any other person or corporation to operate such towing
vehicle or auto wrecker. For such purposes permit holders are prohibited from subcontracting out
or leasing permitted vehicles to persons or corporations not holding a permit to operate the
vehicle. The permits issued pursuant to this article are transferable as between owners only upon
the express approval of the committee, and shall be subject to a transfer fee in an amount
established by the city and listed in appendix A of this Code, if approved. A denial of the right to
transfer a permit may be appealed to the city council, in compliance with the terms of section 78-
224. Upon cancellation of any permit no portion of the permit fee shall be refunded to the
owner. "
Section 3: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-
297 "Application," subparagraph "5", of the Code of Ordinances, La Porte, Texas, is hereby
amended to read as follows:
" (5) In determining whether the permit shall be granted, the committee shall take into
consideration the following:
a. The financial responsibility of the applicant;
b. Make, model and type of vehicle to be used;
c. Whether or not all insurance required by this article has been procured, or will be
procured;
d. That the applicant provides proof of ownership of a properly fenced storage facility
for wrecked vehicles, the size of his business location and lot, that the lot is located
within the city limits and conforms to the use, setbacks, parking, screening,
landscaping and any other applicable regulations as set forth in Chapter 106 of
this Code. For purposes of this section a lease, license or tenancy shall not
constitute proof of ownership. It is the responsibility of the applicant to request a site
inspection from the planning department, inspections division prior to the hearing;
e. Determine that all city ad valorem taxes and other taxes of the applicant have been
paid;
f. Whether the vehicle shall be operated by the owner, or by his employee with a bona
fide employer/employee relationship;
g. Whether the applicant proposes to own, rent or lease the vehicle to be used;
h. The number of auto wreckers for the applicant then in existence and licensed;
i. Whether the applicant shall be able to demonstrate the ability to at all times respond to
police calls for emergency wreckers within 20 minutes of the call; and
2
j. Any and all other facts the committee may deem relevant."
Section 4: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 3 "Permits", Subdivision III "Auto Wrecker Permit", Section 78-
301 "Issuance", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as
follows:
"Sec. 78-301. Issuance.
After the owner has filed his application for an auto wrecker permit, a hearing has been held, the
applicant has been approved by the wrecker committee, the applicant has filed the required
insurance, the auto wrecker to be permitted has been presented to the police department for an
inspection, the auto wrecker has passed such inspection, a certificate of passage of inspection has
been presented by the police department to the chief building official, and the city secretary and
city attorney have examined same and found them to be in compliance with the terms of this
article, the city secretary shall issue to the owner a permit to operate an auto wrecker in the city
upon the public streets, which permit shall bear upon its face the make, model, motor number,
permit number and the license number of the auto wrecker. Such permits shall be issued by the
city secretary upon authorization of the wrecker committee, and shall be delivered to the
applicant. In addition thereto, the city shall deliver a vehicle sticker indicating the permit number
and permit expiration date, which shall be displayed on the front windshield of the wrecker,
immediately above the inspection sticker. Such stickers shall be color coded, and issued at the
beginning of each permit year during the required annual inspection. Auto wrecker permits are
and shall always remain the property of the city. In the event of suspension or revocation of a
permit, for any cause, it shall be unlawful for the owner of the permit to retain such permit, and
he shall cause the permit to be destroyed or surrendered to the city secretary immediately upon
notification of such suspension or revocation, as is feasible."
Section 5: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-328 "Specifications and Required
Equipment," subparagraph "(e)", of the Code of Ordinances, La Porte, Texas, is hereby amended
to read as follows:
" (e) Required equipment. Each emergency auto wrecker, and all auto wreckers that are to be
eligible to be summoned to an accident scene when requested by a driver, shall be provided with
the following:
(1) Fire extinguishers. Such fire extinguishers are defined as that piece of equipment commonly
carried to extinguish fires caused as a result of an auto accident or collision. The fire extinguisher
shall be a standard type, chemical fire extinguisher designed to combat motor vehicle fires.
(2) Parking flares. The parking flares are defined as that piece of equipment commonly used in
motor transportation as a signal flare or light to warn of an obstruction on the highway.
3
(3) Tow bars. The tow bars are that piece of equipment sometimes known as the A-frame, which
is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing,
stability and to prevent swinging of the raised vehicle as it is being towed. When a vehicle is
being towed, the tow bar shall be in place to prevent swinging.
(4) Broom and sand box. There shall be a broom and a sand box with at least a three-gallon
capacity for the purpose of cleaning up oil and other liquids.
(5) Shovel and pinch bar. There shall be a shovel and pinch bar.
(6) Container for debris. There shall be a container to hold glass and debris.
(7) Sign. There shall be a permanently affixed sign, with a minimum one-inch lettering,
identifying the owner name and phone number of the emergency auto wrecker (if applicable),
three inch lettering identifying the permit holder's name, and two inch letter identifying such
permit holder's phone number, address and name of his or her business.
Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned
to an accident scene shall carry the equipment required by this section at all times. Every
emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an
accident scene shall be annually inspected by the police department of the city for compliance
with the equipment requirements. In addition, the police department shall perform a Level I,
CDSA inspection on all heavy duty wreckers as part of the annual equipment compliance
inspection. "
Section 6: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-326 "Wrecker Rotation List," of the
Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 78-326. Wrecker rotation list.
(a) All auto wrecker or towing service companies desiring to be called for wrecker service by the
city police department shall request in writing to be placed on a qualified auto wrecker rotation
list to be maintained by the police department. The auto wrecker rotation list shall contain a slot
for each company or persons owning a permit or permits to operate auto wreckers in the City.
However, a company shall never be entitled to more than one slot on the auto wrecker rotation
list, regardless of the number of individual vehicles a company is permitted to operate. The auto
wrecker rotation list shall contain the name, address and telephone number of each company.
(b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is
requested by the city police department, except in a nonarrest situation, where the vehicle owner
has requested a specific wrecker.
(c) When a police officer investigating an accident determines that any vehicle which has been
involved in a collision or accident upon a public street is unable to proceed safely under its own
power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall
request the owner to designate the auto wrecker or towing company the owner desires to remove
4
that vehicle. When the owner has designated the wrecker or towing company desired, the police
officer shall communicate the fact immediately to police department headquarters, and it shall be
the duty of the dispatcher receiving such information at headquarters to call the designated
company, provided the company can respond to the location within 20 minutes. If the company
cannot respond in the designated time, the owner shall be so informed and given an opportunity
to designate another company.
(d) If the owner of a vehicle involved in an accident or collision is physically unable to designate
the wrecker company desired, or refuses to designate one, the investigating officer shall
communicate the fact immediately to police department headquarters. The police department
shall maintain a wrecker rotation list which shall contain the names and addresses of each
wrecker or towing service company that complies with the provisions of this article in order that
such company might be called upon for wrecker service by the police department. The police
officer receiving a call at police headquarters for wrecker service shall call the first auto wrecker
or towing service company on the list to tow the disabled vehicle or move the vehicle from the
public streets of the city. A company holding more than one wrecker or tow truck permit is
permitted to respond with any available permitted vehicle, so long as the vehicle selected can
respond within the time frame established in subparagraph (e) below. After the company at the
top of the list receives a call, then the company's name shall be placed at the bottom of the list
and the next company shall be moved to the top of the list and it shall receive calls. This process
shall be repeated until each company providing wrecker or towing service under the provisions
of this article has received calls. The police department shall notify each wrecker company in
sufficient time prior to its rendering such wrecker service in order that the company might
adequately provide the necessary men and equipment to answer the calls. Specifically requested
wreckers must be duly licensed by the state and able to respond to the scene within a 20-minute
time frame. If they cannot respond in that time frame, the officer in charge will advise the
requesting party and request a wrecker from the rotating list.
(e) If an auto wrecker or towing service company is requested by the police department to make
a call and the company agrees to make the call, then the company shall proceed immediately to
the scene where it is directed and shall be given a 20-minute time frame to reach such location. If
the auto wrecker or towing service company answering the call has not reached the location
within 20 minutes, then the officer at the scene may proceed to call the next auto wrecker or
towing service company on the list, and that company shall have priority over that particular call.
If the auto wrecker or towing service company called fails to comply with the provisions of this
article by proceeding to the designated place within the time specified in this subsection, then
this auto wrecker or towing service company shall be removed from the top of the list and placed
at the bottom of the list.
(f) This section only applies to accident scenes and not to custodial arrests. The 20-minute time
frame does not apply if the officer in charge deems the situation to be too dangerous in nature to
wait that period oftime."
Section 7: That Chapter 78, "Vehicles for Hire," Article III. "Automobile Wreckers and
Towing Vehicles", Division 4 "Regulations", Section 78-329 "Permissible fees and Charges for
Non-Consent Towing", subparagraph "(a)", of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
5
(a) "Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in
this section, the maximum charge for all non-consent tows from the scene of an accident
in the city limits to the place of business of the wrecker operator, or other location, shall
not exceed an amount established by the city and listed in appendix A of this Code. A
non-consent tow means picking up the vehicle or moving and towing the vehicle from the
street to a location, where the tow was not initiated by the vehicle owner or operator or
the consent of the vehicle owner or operator has not been otherwise secured. Fees
charged for non-consent tows by heavy duty wreckers shall not be subject to this
regulation, except in those cases where a heavy duty wrecker is used for tows not
requiring a heavy duty wrecker."
Section 8: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 9: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 10. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of this ordinance as codified in the Code of Ordinances herein, 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 11. 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 12. 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
6
PASSED AND APPROVED this the ~day of 1it:rUll.1Zf
CITY OF L(1)RJ; ~.
By: >11 ~ ~
~oVis R. Rig~y} Mayor
ATTEST:
VJ(aAf!ts ~ l.u,
. CIty ecretary
APPROVED:
f~r~
Assistant City Attorney
7
, 2011.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14. 2011
Appropriation
Requested By: Donald r .add
Source of Funds:
N/A
Department:
Fire
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested
Exhibits:
Ordinance
Budgeted Item: YES No
Exhibits:
Bud!!:et Summary
Exhibits:
Strlltegie~ llDd EYlllullti<m~
SUMMARY & RECOMMENDATION
Hold public hearing on the two-year service plan and two year budget plan for the La Porte Fire Control, Prevention,
and Emergency Medical Services District. On February 8, 2011 a public hearing was held at the La Porte Fire
Control, Prevention, and Emergency Medical Services board meeting. After hearing input the Board's
recommendation was to proceed with ordinance to establish the district.
Action Required bv Council:
1. Conduct Public Hearing
2. Consider approval or other action to approve the Fire Board Recommendations on adopting ordinance.
J ~ 1ft
Date
ORDDlAHCB HO. 2011- 35;)/
D ORD:Dl.MICB APPROVING AND AUTHORIZnrG THE 'rIfO-DAlt I':tU COJrrROL,
PRBVBNTIOB, AND BKBRGDCY JIBl)ICAL SBRVJ:CBS PLAN AND TWO-YBAR. BUDGBT
PLAN OJ' THB LA PORTB :rIn CONTROL, PRBVBBTIOB, AND BJlBRGUCY
IIBDICAL SERVICBS DISTRICT, MAXDiG VARIOUS I'IBDIBGS AND PROnSIOHS
RBLATIBG TO TlIB SUBJECT, I'IBDIBG COIIPLIDCB WITH TlIB OPD JlBBT:IBGS
LAW, AHD PROVIDIHG .AJf BI'I'BCT:IVB DATE HERBO:r.
WHEREAS, the Temporary Board of Directors of the La Porte Fire
Control, Prevention, and Emergency Medical Services District (the
"District") has formulated a two-year fire control, prevention, and
emergency medical services plan and a two-year budget plan for the
District containing all of the elements enumerated in section
344.061 of the Texas Local Government Code; and
WHEREAS, on 14th day of February, 2011, the City Council of
the City of La Porte held a public hearing on the fire control,
prevention, and emergency medical services plan and the budget plan
after the requisite notice of the public hearing was published in
a newspaper with general circulation in the District; and
WHEREAS, at the public hearing, all residents of the District
were entitled to be present and to participate in the same; and
WHEREAS, after considering the public input and stUdying the
fire control, prevention, and emergency medical services plan and
the budget plan, as approved by the Temporary Board of Directors of
the District, the City Council of the City of La Porte desires to
approve both plans;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
approves and authorizes the La Port~ Fire ContrOl, Prevention, and
Emergency .Medical Services District's two-year fire control,
prevention, and emergency medical services plan and two-year bUdget
plan as submitted and approved by the Temporary Board of Directors
of the District, which are attached hereto as Exhibit "An and
incorporated herein for all intents' and purposes.
Section 2. The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the,public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all "times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSBD AND APPROVED, this 14th day of February, 2011.
CI~~RTE
~~ R. R~~. Mayor
By:
ATTEST: ,.
tJJlIJ:,aa~s ,JLtJ 1t/11A__)
Assistant city Secretary
APPRO~~ d
Knox W. Askins
City Attorney
2
EXHIBIT WAS
(Attach Service Plan and Budget summary)
Exhibit "t:>:'
TWO YEAR BrDGET SL\BIARY
YEAR 1
REVENUES (sales and use tax based upon ~ of one percent) $716,000
USES
Personnel $86,000
Supplies-Personal Protection Equipment-Medical $220,000
Training $46,000
Equipment $353,000
Cost of Administration of Strategies $0
TOTAL $705,600
AVAILABLE FOR YEAR 2 $11,000
YEAR 2
BEGINNING BALANCE $11,000
REVENUES (sales and use tax based upon Y4 of one percent) $716,000
Personnel $90,000
Supplies-Personal Protection Eauipment-Medical $220,000
Training $46,000
Equipment $303.000
Contingency $60.000
Cost of Administration of Strategies 0
TOTAL $719,000
AVAILABLE FOR YEAR 3 $8,000
La Porte Fire Control, Prevention,
and Emergency Medical Services District - 2011
Service Plan
1. Strategies
The mission for the City of La Porte's Fire Department is to provide the community with the
most efficient and progressive Fire Prevention, Protection, and Emergency Services possible in
an effective and responsible manner. This mission is accomplished by providing the best possible
training, updated equipment, and protocols for the people that respond. The Fire Control,
Prevention, and Emergency Medical Services District (LPFCPEMSD) will incorporate strategies
to help the Fire Department accomplish their mission.
Item 1- Additional Personnel
The LPFCPEMSD will provide funding for a Safety/Training Officer. Duties will include
responding to calls as a safety officer to help meet NFP A recommendations. This will assist in
the safety of fIrefighters and citizens. The position will also be responsible for the weekly
training of fIrefighters both career and volunteer.
Item 2 - Fire Response and Medical Supplies
The LPFCPEMSD will provide funding for response supplies including personal
protective equipment, safety equipment, and medical response equipment. This will ensure our
personnel have up to date protective and safety equipment to meet state and national standards.
Item 3 - Response Equipment
The LPFCPEMSD will provide funding for response equipment to include fire engines,
rescue trucks, ladder trucks, and, ambulances. Providing funding to replace these vehicles on a
regular basis will ensure response reliability, and a decrease in down time repairs.
Item 4 - Training
The LPFCPEMSD will provide funding for personnel to attend training classes and
seminars to keep up to date with the latest technologies and procedures available in the
surrounding areas, state, and country. Funding will also be made available to keep our fire
training facility functioning to insure the development of future firefighters.
La Porte Fire Control, Prevention,
and Emergency Medical Services District - 2011
2. Evaluations
The evaluation criteria for the LPFCPEMSD to insure all funds used are productive will be as
follows:
Performance Measurements - Additional Personnel
A Safety/Training Officer will be hired and in place by November 2011. Training goals
will be established and certifications up to level 3 Instructor will be acquired. Safety Officer
Certifications will be obtained by May of year 2.
Performance Measurements - Fire Response and Medical Supplies
Purchase 13 sets offirefighting gear as required by Texas Commission on Fire Protection
to meet NFP A standards by December 2011. Purchase new medical equipment and place on First
Response units to replace outdated equipment. Make new purchases of medical supplies and
equipment in year 2 as needed to maintain state and national response standards.
Performance Measurements - Response Equipment
Measurements of this strategy will include fleet monitoring on a biyearly basis. This will
include but is not limited to mileage, hours, and maintenance costs. Fleet of 9 engines, 2 ladder
trucks, 2 rescue trucks, 4 ambulances, and other support vehicles will be evaluated to see if the
current replacement plan needs to be revised. Acquiring new equipment as needed to assure
response reliability and personnel safety.
Performance Measurements - Training
Set up rotation of personnel to attend training seminars to assure certification
requirements are completed. Send personnel to area and out of state conventions to assure that
new technologies and procedures are being used for the safety of our citizens. Purchase new
training programs to allow personnel to practice skills. Repair and replace training props at Fire
Training Facility to assure safe and productive training. Establish training curriculum to provide
training to help all volunteers acquire their basic fire certification with the Texas State Fire and
Fire Marshals Association by second quarter of year 2.
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14, 2011 Budget
Requested By: Donald Ladd Source of Funds: GEN 601 Fund 15
Department: Fire Account Number:015- 9892 - 601 -1100
Report: Resolution: Ordinance: Amount Budgeted: X250,000.00
Exhibits: Draft Contract Amount Requested: $1
Exhibits: Budgeted Item: YES
Exhibits
SUMMARY & RECOMMENDATION
Staff reviewed and rated proposals from eighteen architectural firms. Staff entered into
negotiations with the firm having the highest rating. Negotiations were terminated on the basis the
firm was not responsive and their proposed design fee was beyond the City's budgetary
constraints. Thus, staff began negotiations with the second highest rated architectural firm, Ray &
Hollington Architects (R &H). As a result of the negotiations staff reached an informal agreement
with Ray & Hollington Architects for the design Fire Station # 1 at a cost of $183,750. Ray &
Hollington's proposal encompasses all phases of the project for a fee of 7.5% ($260,500) based on
an estimated construction cost of $3,500,000. Our current budget of $250,000 is for Design Phase
services only. Ray and Hollington's proposal surpasses our current need by including the Bidding
Phase, Construction Phase, and the Operational Phases of the project. Our recommendation is for
Council to consider entering into a contract with R &H, but to only fund the Design Phase Services
in the amount of $183,750.
During the design phase reimbursable expenses are expected to be around $4,000.00. This will
bring the total request amount to $187,750.
Action Required by Council:
Authorize the City Manger to execute an agreement with Ray & Hollington Architects for design
of New Fire Station # 1 at an amount of $183,750 and establish a reimbursable account in the
a • unt of $4,000.
AI
A s . l for C R , ouncil A. enda
• 1 .1. /8 I
Ron ottoms, City Manager Date
AGREEMENT
BETWEEN OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
NEW FIRE STATION #1
FOR
THE CITY OF LA PORTE, TEXAS
21 FEBRUARY 2011
TABLE OF CONTENTS
Paae( s)
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES/PROJECT DESCRIPTION ii
SECTION 1 BASIC SERVICES OF ARCHITECT 1-1 through 1-9
1.1 General
1.2 Schematic Design Phase
1.3 Design Development Phase
1.4 Construction Documents Phase
1.5 Bidding or Negotiation Phase
1.6 Construction Phase
1.7 Operational Phase
SECTION 2 ADDITIONAL SERVICES OF ARCHITECT 2-1 through 2-3
2.1 Services Requiring Authorization in Advance
2.2 Required Additional Services
SECTION 3 OWNER'S RESPONSIBILITIES 3-1 through 3-3
SECTION 4 PERIODS OF SERVICE 4-1 through 4-2
SECTION 5 PAYMENT TO ARCHITECT 5-1 through 5-3
SECTION 6 CONSTRUCTION COST AND OPINIONS OF COST 6-1 through 6-2
6.1 Construction Cost
6.2 Opinions of Cost
SECTION 7 GENERAL CONSIDERATIONS 7-1 through 7-2
7.1 Termination
7.2 Reuse of Documents
7.3 Insurance
7.4 Controlling Law
7.5 Successors and Assigns
7.6 Dispute Resolution
SECTION 8 SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES 8-1
Exhibit A "FURTHER DESCRIPTION OF ARCHITECT BASIC A-1 through A-3
SERVICES AND RELATED MATTERS"
Exhibit B "DUTIES, RESPONSIBILITIES AND LIMITATIONS OF B-1 through B-5
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE"
Exhibit C "PROJECT COMMUNICATION" C-1
Exhibit D "INSURANCE" D-1
Exhibit E "INITIAL INFORMATION" E-1
AGREEMENT
BETWEEN
OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of 21 February 2011 between the City of La Porte,
Texas (OWNER) and RAY + HOLLINGTON ARCHITECTS, INC. (ARCHITECT).
OWNER intends to: Design and construct a new Fire Station #1 to replace the existing
Fire Station #1 with six (6) drive-through apparatus bays as further described in
EXHIBIT E "INITIAL INFORMATION" (hereinafter called the PROJECT).
The OWNER and ARCHITECT agree as set forth below.
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SECTION 1 - BASIC SERVICES OF ARCHITECT
1.1 General
1.1.1 ARCHITECT shall provide for OWNER professional architectural services in all
phases of the Project to which this Agreement applies as hereinafter provided. These
services will include serving as OWNER's professional representative for the Project,
providing professional consultation and advice and furnishing customary civil, structural,
mechanical, and electrical engineering services incidental thereto. (Refer to SECTION 2
for ADDITIONAL SERVICES, as well).
1.1.2 The ARCHITECT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the work. The ARCHITECT
shall submit for the OWNER's approval a schedule for the performance of the
ARCHITECT's services, which shall include allowances for periods of time required for
the OWNER's review and for approval of submissions by authorities having jurisdiction
over the Project. Time limits established by this schedule approved by the OWNER
shall not, except for reasonable cause, be exceeded by the ARCHITECT.
1.1.3 The ARCHITECT's services consist of those services performed by the
ARCHITECT, ARCHITECT's employees and ARCHITECT's consultants employed as
hereinafter provided.
1.2 Schematic Design Phase
After written authorization to proceed with the Schematic Design Phase, the
ARCHITECT shall:
1.2.1 Consult with the OWNER to review and verify the OWNER'S requirements for the
Project, review available data. Any amended requirements shall be documented for
confirmation by the OWNER.
1.2.2 The ARCHITECT shall provide a preliminary evaluation of the OWNER'S program,
schedule and construction budget requirements, each in terms of the other, subject to
the limitations set forth.
1.2.3 The ARCHITECT shall review with the OWNER alternative approaches to design
and construction of the Project and provide a general economic analysis of various
alternatives in writing.
1.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the ARCHITECT shall prepare, for the OWNER, Schematic Design
Drawings and other related documents. The Schematic Design Documents will include
the ARCHITECT's opinion of probable costs for the project, including
the following, which will be separately itemized:
Construction Cost(s):
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- materials testing and equipment costs,
allowances for laboratory testing,
appropriate contingencies,
and special instructions,
Allowance for Architectural/Engineering Cost(s):
appropriate contingencies,
reimbursable expenses
and (if furnished by OWNER) allowances for such other items as charges of other
professionals and consultants, for the cost of land and rights-of-way, for compensation
for or damages to properties, for interest and financing charges and for other services to
be provided by others for OWNER pursuant to paragraphs 3.7 through 3.11, inclusive.
The total of all such costs, allowances, etc. are hereinafter called 'Total Project Costs".
The duties and responsibilities of ARCHITECT during the Schematic Design Phase are
amended and supplemented as indicated in paragraph 2 of Exhibit A "Further
Descriptions of Basic Services and Related Matters".
1.3 Design Development Phase
After written authorization to proceed with the Design Development Phase,
ARCHITECT shall:
1.3.1 In consultation with OWNER and based on the approved Schematic Design
documents and any adjustments authorized (in writing) by the OWNER in the program
schedule or construction budget, the ARCHITECT shall determine the general scope,
extent and character of the Project and submit documentation of such to the Owner for
confirmation.
1.3.2 The ARCHITECT shall prepare Design Development documents consisting of final
design criteria, preliminary drawings, outline specifications and written descriptions of
the Project.
1.3.3 Advise OWNER if additional data or services of the type described in paragraph
3.4 are necessary and assist OWNER in obtaining such data and services.
1.3.4 Based on the information contained in the Design Development documents, submit
a revised opinion of probable Total Project Costs (as defined in paragraph 1.2.4).
1.3.5 Furnish five copies of the above Design Development documents and present and
review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the Design
Development Phase are amended and supplemented as indicated in paragraph 3 of
Exhibit A "Further Description of Basic Services and Related Matters".
1.4 Construction Documents Phase
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After written authorization to proceed with the Final Construction Documents
Phase, ARCHITECT shall:
1.4.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the PROJECT, in the construction budget or in
the total PROJECT budget authorized in writing by the OWNER, the ARCHITECT shall
prepare, for approval by the OWNER, Construction Documents consisting of Drawings
(hereinafter called Drawings) and Specifications setting forth in detail the requirements for
the construction ofthe PROJECT by Contractor(s). The specifications shall be prepared in
conformance with the sixteen-division format ofthe Construction Specifications Institute.
1.4.2 See that the Construction Documents include applicable requirements/approvals
of governmental authorities having jurisdiction to approve the design of the project.
Provide technical criteria, written descriptions and design data for OWNER's use in filing
applications for permits with or obtaining approvals of such governmental authorities as
have jurisdiction to approve the design of the Project, and assist OWNER in completing
permit application and in consultation with appropriate authorities.
1.4.3 Advise OWNER of any adjustments to the latest opinion of probable Total Project
Costs (as defined in paragraph 1.2.4) caused by changes in general scope, extent or
character or design requirements of the Project or Construction Costs. Furnish to
OWNER a revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
1.4.4 Prepare for review and approval by OWNER, its legal counsel and other advisors
contract agreement forms, general conditions and supplementary conditions, and bid
forms, invitations to bid and instructions to bidders and other related documents.
The ARCHITECT will initiallv submit to OWNER the Contractor Aqreement
(in the form of AlA Document A101 - 1997 ), the General Conditions of the Contract for
Construction (in the form of AlA Document A201 - 1997) and Supplemental Conditions for the
ContractforConstrudionfor OWNER'S review, comment. -modification, and approval.
1.4.5 Furnish five copies of the above documents (following approval) and of the
Drawings and Project Manual and present and review them in person with OWNER.
The duties and responsibilities of ARCHITECT during the Construction
Documents Phase are supplemented as indicated in paragraph 4 of Exhibit A "Further
Description of Basic Services and Related Matters".
1.5 Bidding or Negotiation Phase
After written authorization to proceed with the Bidding or Negotiation Phase,
ARCHITECT shall:
1.5.1 Following the OWNER's approval of the Construction Documents and of the
latest preliminary estimate of Construction Cost the ARCHITECT shall assist OWNER in
advertising for and obtaining bids or negotiating proposals for the prime contract for
construction, materials, equipment and services; and, where applicable, maintain a
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record of prospective bidders to whom Bidding Documents have been issued, attend
pre-bid conferences and receive and process deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding
Documents.
1.5.3 Consult with and advise OWNER as to the acceptability of subcontractors,
suppliers and other persons and organizations proposed by the prime contractor (herein
called "Contractor") for those portions of the work as to which such acceptability is
required by the Bidding Documents.
1.5.4 Consult with OWNER concerning and determine the acceptability of substitute
materials and equipment proposed by Contractor when substitution prior to the award of
contracts is allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and assist OWNER in
evaluating bids or proposals and in assembling and awarding the contract(s) for
construction, materials, equipment and services.
The duties and responsibilities of ARCHITECT during the Bidding or
Negotiation Phase are amended and supplemented as indicated in paragraph 5 of
Exhibit A "Further Description of Basic Services and Related Matters".
1.6 Construction Phase
After written authorization to proceed with the Construction Phase,
ARCHITECT shall:
1.6.1 General Administration of Construction Contract
ARCHITECT shall consult with and advise OWNER and act as OWNER's
representative as provided in AlA Document A201 - 1997 General Conditions of the
Contract for Construction (as modified and approved bv OWNER per paraQraph 1.4.4).
The extent and limitations of the duties, responsibilities and authority of
ARCHITECT as assigned in said Standard General Conditions shall not be modified,
except to the extent provided in paragraph 6 of Exhibit A "Further Description of Basic
Services and Related Matters" and except as the ARCHITECT may otherwise agree in
writing. All of OWNER's instructions to Contractor(s) will be issued through ARCHITECT
who will have authority to act on behalf of OWNER to the extent provided in said
Standard General Conditions except as otherwise provided in writing.
1.6.2 Visits to Site and Observation of Construction.
In connection with observation of the work of Contractor(s) while it is in
progress:
1.6.2.1 ARCHITECT shall make visits to the site at intervals appropriate to the various
stages of construction as ARCHITECT deems necessary in order to observe as an
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experienced and qualified design professional the progress and quality of the various
aspects of Contractor(s)' work. In addition, the ARCHITECT and/or OWNER may
provide the services of a Resident Project Representative (and assistants as agreed) at
the site to assist ARCHITECT and to provide more continuous observation of such work
Based on information obtained during such visits and on such observations,
ARCHITECT shall endeavor to determine in general if such work is proceeding in
accordance with the Contract Documents and ARCHITECT shall keep OWNER
informed of the progress of the work.
1.6.2.2The Resident Project Representative (and assistants) may be ARCHITECT's
agent or employee and under ARCHITECT's supervision or may be the OWNER's
agent or employee and under OWNERS supervision. The duties and responsibilities of
the Resident Project Representative (and assistants) are set forth in Exhibit B "Duties,
Responsibilities and Limitation of Authority of Resident Project Representative".
Any exceptions or modifications to these responsibilities and limitations will be mutually
agreed upon by both parties in writing.
1.6.2.3The purpose of ARCHITECT's visits to and representation by the Resident
Project Representative (and assistant, if any) at the site will be to enable ARCHITECT
to better carry out the duties and responsibilities assigned to and undertaken by
ARCHITECT during the Construction Phase, and, in addition, by exercise of
ARCHITECT's efforts as an experienced and qualified design professional, to provide
for the OWNER a greater degree of confidence that the completed work of Contractor(s)
will conform generally to the Contract Documents and that the integrity of the design
concept as reflected in the Contract Documents has been implemented and preserved
by Contractor(s). On the other hand, ARCHITECT shall not, during such visits or as a
result of such observations of Contractor(s)' work in progress, supervise, direct or have
control over Contractor(s)' work nor shall ARCHITECT have authority over or
responsibility for the means, methods, techniques, sequences or procedures of
construction selected by Contractor(s), for safety precautions and programs incident to
the work of Contractor(s), for safety precautions and programs incident to the work of
Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations,
ordinances, codes or orders applicable to Contractor(s) furnishing and performing tAeff
his work.
1.6.4 Interpretations and Clarifications
ARCHITECT shall issue necessary interpretations and clarifications of the
Contract Documents in the form of Supplemental Instructions and as necessary prepare
and issue proposal requests and/or work directive changes; and after consultation with
owner, prepare change orders as required for Owner's review and approval.
1.6.5 Shop Drawings
ARCHITECT shall review and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in the General Conditions), product
data, sample(s) and other data which Contractor(s) is required to submit, but only for
conformance with the design concept of the Project and compliance with the information
given in the Contract Documents. Such reviews and approvals or other action shall not
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a.) relieve the Contractor(s) of his responsibility to conform with the requirements of the
Contract Documents; or b.) extend to means, methods, techniques, sequences or
procedures of construction or to safety precautions and programs incident thereto.
1.6.6 Substitutes
ARCHITECT shall evaluate and determine the acceptability of substitute
materials and equipment proposed by Contractor(s), but subject to the provision of
paragraph 2.2.2. (Required Additional Services). All substitutes shall be reviewed with
and approved by OWNER prior to final acceptance.
1.6.7 Inspections and Tests
ARCHITECT shall advise OWNER and OWNER shall approve of any
special inspection or testing of the work, and ARCHITECT shall receive and review all
reports, certificates of inspections, test results and approvals required by laws, rules,
regulations, ordinances, codes, orders or the Contract Documents (but only to
determine generally that their content complies with the requirements of, and the results
certified indicate compliance with the Contract Documents.)
1.6.8 Disputes between OWNER and Contractor
ARCHITECT shall act as initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the work thereunder and make
decisions on all claims of OWNER and Contractor(s) relating to the acceptability of the
work or the interpretation of the requirements of the Contract Documents pertaining to
the execution and progress of the work. ARCHITECT shall not be liable for the results of
any such interpretations or decisions rendered in good faith.
1.6.9 Applications for Payment
Based on ARCHITECT's on-site observations as an experienced and
qualified design professional, on information provided by the Resident Project
Representative (if any) and on review of applications for payment and the
accompanying data and schedules submitted by the Contractor(s):
1.6.9.1 ARCHITECT shall determine the amounts owing to Contractor(s) and recommend
in writing payments to Contractor(s) in such amounts. Such recommendations of payment
will constitute a representation to OWNER, based on such observations and review, that
the work has progressed to the point indicated, and that, to the best of ARCHITECT's
knowledge, information and belief, the quality of such work is generally in accordance with
the Contract Documents (subject to an evaluation of such work as a functioning whole
prior to or upon Substantial Completion, to the results of any subsequent tests called for in
the Contract Documents and to any other qualifications stated in the recommendation). In
the case of unit price work, ARCHITECT's recommendations of payment will include final
determinations of quantities and classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents).
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1.6.9.2 By recommending any payment ARCHITECT will not thereby be deemed to
have represented that exhaustive, continuous or detailed reviews or examinations have
been made by ARCHITECT to check the quality or quantity of Contractor(s)' work as it
is furnished and performed beyond the responsibilities specifically assigned to
ARCHITECT in this Agreement and the Contract Documents. ARCHITECT's review of
Contractor(s)' work for the purposes of recommending payments will not impose on
ARCHITECT responsibility to supervise, direct or control such work or for the means,
method techniques, sequences, or procedures of construction or safety precautions or
programs incident thereto or Contractor(s) compliance with laws, rules, regulations,
ordinances, codes or orders applicable to their furnishing and performing the work. It will
also not impose responsibility on ARCHITECT to make any examination to ascertain
how or for what purposed any contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims, security interests or
encumbrances, or that there may not be other matters at issue between OWNER and
CONTRACTOR that might affect the amount that should be paid.
1.6.10 Contractor(s)' Completion Documents
ARCHITECT shall receive and review maintenance and operating
instructions, schedules, guarantees, bonds and certificates of inspection, tests and
approvals which are to be assembled by Contractor(s) in accordance with the Contract
Documents (but such review will only be to determine that their content complies with
the requirements of, and in the case of certificates of inspection, test and approvals the
results certified indicate compliance with, the Contract Documents); and shall bind,
index and transmit them to OWNER together with written comments.
1.6.11 Inspections
ARCHITECT shall conduct one (01) inspection (subsequent to formal
written notification from the Contractor(s))to determine if the work is substantially
complete and one (01) final inspection (subsequent to formal written notification from
the Contractor(s)) to determine if the completed work is acceptable so that ARCHITECT
may recommend, in writing, final payment to Contractor(s) and may give written notice
to OWNER and the Contractor(s) that the work is acceptable (subject to any conditions
therein expressed), but any such recommendation and notice will be subject to the
limitations expressed in paragraph 1.6.9.2.
1.6.12 Limitation of Responsibilities
ARCHITECT shall not be responsible for the acts or omissions of any
Contractor, or of any subcontractor or supplier, or any of the Contractor(s) or
subcontractor's or supplier's agents or employees or any other persons (except
ARCHITECTs own employees and agents) at the site or otherwise furnishing or
performing any of the Contractor(s)' work; however, nothing contained in paragraphs
1.6.1 through 1.6.11 inclusive, shall be construed to release ARCHITECT from liability
for failure to properly perform duties and responsibilities assumed by ARCHITECT in
the Contract Documents.
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The duties and responsibilities of the ARCHITECT during the Construction
Phase are amended and supplemented as indicated in Paragraph 6, Exhibit A
"Further Description of Basic Services and Related Matters".
1.7 Operational Phase
During the Operational Phase, ARCHITECT shall:
1.7.1 Transmit to the Owner and review in person with the OWNER the deliverable
items referred to in Section 1.6.10 and in the Operational Phase.
1.7.2 Define in Contract Documents the Contractor(s)'s responsibility in connection with
the start up, refining, and adjustment of any equipment or system.
1.7.3 Define in Contract Documents the Contractor(s)'s responsibility for training Owner
to operate and maintain any equipment or system and for reviewing pertinent manuals,
submittals, shop drawings, and warranties supplied by the Contractor(s).
1.7.4 Coordinate, attend and participate in the start up and training orientations as
required of the Contractor(s) in the Contract Documents.
1.7.5 Record Drawings.
ARCHITECT shall furnish the OWNER a set of marked up prints, drawings
and other data kept by the Contractor(s), and Project Representative (if employed by
the ARCHITECT) in a form and manner that clearly depicts significant changes made
during the construction process.
1.7.6 At a time eleven (11) months following Substantial Completion of the project (one
month prior to expiration of the Contractor's warranty period), the ARCHITECT, in the
company of the OWNER, will visit the project to observe any apparent deficiencies in
the completed construction, and document any items observed in a written report issued
to the CONTRACTOR and OWNER.
1.7.7 During the Operational Phase, the ARCHITECT will assist the OWNER in
consultations and discussions with CONTRACTOR concerning the correction of
deficiencies brought to the ARCHITECT's attention, and when appropriate, review or
make written recommendations regarding replacement or correction of the Work as
proposed by the Contractor.
END OF SECTION 1
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SECTION 2 -ADDITIONAL SERVICES OF ARCHITECT
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, ARCHITECT shall furnish or obtain from
others Additional Services of the types listed in paragraphs 2.1.1 through 2.1.14,
inclusive. These services are not included as part of Basic Services except to the extent
provided otherwise in Exhibit A "Further Description of Basic Services and Related
Matters"; these will be paid for by OWNER as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in addition to those
furnished under Basic Services) for private or governmental grants, loans or advances
in connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design requirements of
the Project of any such statements and documents prepared by others; and assistance
in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
2.1.2 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by
OWNER.
2.1.3 Services resulting from significant changes in the general scope, extent or
character of the Project or its design including, but not limited to, changes in size,
complexity, OWNER's schedule, character of construction or method of financing; and
revising previously accepted studies, reports, design documents or Contract Documents
when such revisions are required by changes in laws, rules, regulations, ordinances,
codes or orders enacted subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond ARCHITECT's control.
2.1.4 Providing renderings or models for OWNER's use.
2.1.5 Preparing documents for alternate bids requested by OWNER for Contractor(s)'
work which is not executed or documents for out-of-sequence work.
2.1.6 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during
the course of design; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; assistance in obtaining financing for the
Project; evaluation processes available for licensing and assisting OWNER in obtaining
process licensing; detailed quantity surveys of material, equipment and labor, and
audits or inventories required in connection with construction performed by OWNER.
2.1.7 Furnishing services of independent professional associates and consultants for
other than Basic Services (which include, but are not limited to, customary civil, structural,
mechanical and electrical engineering and customary architectural design incidental
thereto); and providing data or services of the types described in paragraph 3.4 when
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OWNER employs ARCHITECT to provide such data or services in lieu of furnishing the
same in accordance with paragraph 3.4.
2.1.8 If ARCHITECT's compensation is on the basis of a lump sum or percentage of
Construction Cost or cost-plus a fixed fee method of payment, services resulting from
the award of more separate prime contracts for construction, materials, equipment or
services for the Project shall be compensated in accordance with paragraph 5.1.2.
2.1.9 Services during out-of-town travel required of ARCHITECT other than visits
to the site or OWNER s office as required by Section 1.
2.1.10 Assistance in connection with bid protests, rebidding or renegotiating contracts
for construction, materials, equipment or services, except when such assistance is
required to complete services called for in paragraph 6.2.2.5.
2.1.11 Providing any type of property surveys or related professional services needed
for the transfer of interests in real property and field surveys for design purposed and
any necessary surveys and staking to enable Contractor(s) to proceed with their work;
and providing other special field surveys.
2.1.12 Preparation of operating, maintenance and staffing manuals to supplement Basic
Services under paragraph 1.7.3.
2.1.13 Preparation of a set of reproducible record prints of drawings showing those
significant changes made during the construction process, based on the marked up
prints, drawings and other data furnished by Contractor(s) and Resident Project
Representative (if any) to ARCHITECT. Prior to preparation of record drawings, the
ARCHITECT and OWNER will mutually agree on which changes are considered
significant.
2.1.14 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the Project
(except for assistance in consultations which is included as part of Basic Services under
paragraphs 1.2.3 and 1.4.2).
2.1.15 Additional services required in connection with the Project, including services
required which were not furnished by OWNER in accordance with Section 3, and
services not otherwise provided for in this Agreement.
2.2 Required Additional Services
When required by the Contract Documents in circumstances beyond
ARCHITECT's control, ARCHITECT shall furnish or obtain from others, as circumstances
require during construction Additional Services of the types listed in paragraphs 2.2.1
through 2.2.6, inclusive (except to the extent otherwise provided in Exhibit A "Further
Description of Basic Services and Related Matters"). These services are not
included as part of Basic Services. ARCHITECT shall advise OWNER promptly of need
for required additional services. If the OWNER is in agreement, OWNER shall provide
authorization
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to ARCHITECT for such Additional Services, which will be paid for by OWNER as
indicated in Section 5.
2.2.1 Services in connection with work directive changes and change orders to reflect
changes requested by OWNER if the resulting change in compensation for Basic
Services is not commensurate with the addition services rendered.
2.2.2 Services in making revisions to Drawings and Specifications occasioned by the
OWNER's acceptance of substitutions proposed by Contractor(s); and services after the
award of each contract in evaluation and determining the acceptability of an
unreasonable or excessive number of substitutions proposed by Contractor(s).
2.2.3 Services resulting from significant delays, changes or price increases occurring as
a direct or indirect result of material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause during construction, (2) a significant amount of defective
or neglected work of any Contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, (4) multiple inspections requested by the
Contractor(s) or required to determine Substantial and/or Final completion, (5) failure of
the Contractor(s) to achieve Final Completion within sixty (60) days of the date
established for Substantial Completion by the Contract for Construction, (6) default by
any Contractor.
2.2.5 Services (other than Basic Services during the Operation Phase) in connection
with any partial utilization of any part of the Project by OWNER prior to Substantial
Completion.
2.2.6 Evaluating an unreasonable or extensive number of claims submitted by
Contractor(s) or others in connection with the work.
END OF SECTION 2
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SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely a manner so as not to delay the
services of ARCHITECT:
3.1 Designate in writing a person to act as OWNER's representative with
respect to the services to be rendered under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and define
OWNER's policies and decisions with respect of ARCHITECT's services for the Project.
3.2 Provide all criteria and full information as to OWNER's requirements for the
Project, including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be
included in the Drawings and Specifications.
3.3 Assist ARCHITECT by placing at ARCHITECT's disposal all available
information pertinent to the Project including previous reports and any other data
relative to design or construction of the Project.
3.4 Furnish to ARCHITECT, as required for performance of ARCHITECT's
Basic Services (except to the extent provided otherwise in Exhibit A "Further
Description of Basic Services and Related Matters"), the following:
3.4.1 Data prepared by or services of others, including without limitation borings,
probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples, materials and equipment;
3.4.2 appropriate professional interpretations of all of the foregoing;
3.4.3 environmental assessment and impact statements;
3.4.4 property, boundary, easement, and right-of-way, topographic, and utility surveys
and related office computations and drafting;
3.4.5 property descriptions;
3.4.6 zoning, deed and other land use restriction; and
3.4.7 other special data or consultation not covered in Section 2; all of which
ARCHITECT may use and rely upon in performing services under this Agreement.
3.5 Provide engineering surveys to establish reference points for construction
(except to the extent provided otherwise in Exhibit A "Further Description of Basic Services
and Related Matters") to enable Contractor(s) to proceed with the layout of the work.
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3.6 Arrange for access to and make all provisions for ARCHITECT to enter
upon public and private property as required for ARCHITECT to perform services under
this Agreement.
3.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals
and other documents presented by ARCHITECT, obtain advice of an attorney,
insurance counselor and other consultants as OWNER deems appropriate for such
examination and render in writing decisions pertaining thereto within a reasonable time
so as not to delay the services of ARCHITECT.
3.8 Furnish approvals and permits from all governmental authorities having
jurisdiction over the project and such approvals and consents from others as may be
necessary for completion of the Project. ARCHITECT will assist the OWNER in the
preparation of said permits.
3.9 Provide such accounting, independent cost estimating and insurance
counseling services as may be required for the Project, such legal services as OWNER
may require or ARCHITECT may reasonably request with regard to legal issues
pertaining to the Project including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain how or for what purpose any
Contractor has used the moneys paid under the construction contract, and such
inspection services as OWNER may require to ascertain that Contractor(s) are
complying with any law, rule, regulation, ordinance, code or order applicable to their
furnishings and performing the work.
3.10 If OWNER designates a person to represent OWNER at the site who is not
ARCHITECT or ARCHITECT's agent or employee, the duties, responsibilities and
limitations of authority of such other person and the effect thereof on the duties and
responsibilities of ARCHITECT and the Resident Project Representative (and any
assistants) will be set forth in an exhibit that is to be identified, attached to and made a
part of this Agreement before such services begin.
3.11 If more than one prime contract is to be awarded for construction, materials,
equipment and services for the entire Project, designate a person or organization to
have authority and responsibility for coordinating the activities among the various prime
contractors.
3.12 Furnish to ARCHITECT data or estimated figures as to OWNERs
anticipated costs for services to be provided by others for OWNER (such as services
pursuant to paragraphs 3.7 through 3.11, inclusive and other costs of the types referred
to in paragraph 1.2.6) so that ARCHITECT may make the necessary findings to support
opinions of probable Total Project Costs.
3.13 Attend the pre-bid conference, bid opening, preconstruction conferences,
construction progress and other job related meetings and Substantial Completion
inspections and Final Completion and payment inspections.
3-2
3.14 Give prompt written notice to ARCHITECT whenever OWNER observes or
otherwise becomes aware of any development that affects the scope or timing of
ARCHITECT's services, or any defect or nonconformance in the work of any Contractor.
3.15 Furnish, or direct ARCHITECT to provide, Additional Services as stipulated
in paragraph 2.1 of this Agreement or other services as required.
3.16 During the Operational Phase, the OWNER will document all warranty items
brought to the Contractor's attention in writing to the ARCHITECT.
3.17 Bear all costs incident to compliance with the requirements of this Section 3.
END OF SECTION 3
3-3
SECTION 4 - PERIODS OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation for
ARCHITECT's services provided for elsewhere in this Agreement have been agreed to
in anticipation of the orderly and continuous progress of the Project through completion
of the Construction Phase. ARCHITECT's obligation to render services hereunder will
extend for a period which may reasonably be required for the design, award of
contracts, construction and initial operation of the Project including extra work and
required extensions thereto. If in Exhibit A "Further Description of Basic Services
and Related Matters" specific periods of time for rendering services are set forth or
specific dates by which services are to be completed are provided and if such dates are
exceeded through no fault of ARCHITECT, all rates, measures and amounts of
compensation provided herein shall be subject to equitable adjustment.
4.2 The services called for in the Schematic Design Phase will be completed
and the Schematic Design submitted within the stipulated period indicated in paragraph
2 of Exhibit A "Further Description of Basic Services and Related Matters" after
written authorization to proceed with that phase of services which will be given by
OWNER within thirty (30) days after ARCHITECT has signed this Agreement.
4.3 After acceptance by OWNER of the Schematic Design Phase documents
indicating any specific modifications or changes in the general scope, extent or
character of the Project desired by OWNER, and upon written authorization from
OWNER, ARCHITECT shall proceed with the performance of the services called for in
the Design Development Phase, and shall submit preliminary design documents and a
revised opinion of probable Total Project Costs within the stipulated period indicated in
paragraph 3 of Exhibit A "Further Description of Basic Services and Related
Matters".
4.4 After acceptance by OWNER of the Design Development Phase
documents, indicating any specific modifications or changes in the general scope,
extent or character of the Project desired by OWNER, and upon written authorization
from OWNER, ARCHITECT shall proceed with the performance of the services called
for in the Construction Documents Phase; and shall deliver Contract Documents and a
revised opinion of probable Total Project Costs for all work of Contractor(s) on the
Project within the stipulated period indicated in paragraph 4 of Exhibit A "Further
Description of Basic Services and Related Matters".
4.5 ARCHITECT's services under the Schematic Design Phase, Design
Development and Construction Documents shall each be considered complete at the
earlier of a) the date when the submissions for that phase have been accepted by
OWNER or b) thirty (30) days after the date when such submissions are delivered to
OWNER for final acceptance, plus in each case such additional time as may be
required for obtaining approval of governmental authorities having jurisdiction to
approve the design of the Project.
4.6 After acceptance by OWNER of the ARCHITECT's Drawings, Specifications
and Construction Documents Phase documentation including the most recent opinion of
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probable Total Project Cost and upon written authorization to proceed, ARCHITECT
shall proceed with performance of the services called for in the Bidding or Negotiating
Phase. This Phase shall terminate and the services to be rendered thereunder shall be
considered complete upon commencement of the Construction Phase or upon
cessation of negotiations with prospective Contractor(s) except as may otherwise be
required to complete their services called for in paragraph 6.2.2.5t.
4.7 The Construction Phase will commence with the execution of the prime
contract to be executed for the work of the Project or any part thereof, and will terminate
sixty (60) days after the earlier of a) the actual date of Substantial Completion; or b) the
date established for the achievement of Substantial Completion in the Contract for
Construction. Construction Phase services may be rendered at different times in respect
of separate prime contracts if the Project involves more than one prime contract.
4.8 The Operational Phase will commence during the Construction Phase and
will terminate one year after the date of Substantial Completion of the prime contract for
construction.
4.9 If OWNER has requested significant modifications or changes in the general
scope, extent or character of the Project, the time of performance of ARCHITECT's
services shall be adjusted equitably.
4.10 If OWNER fails to give prompt written authorization to proceed with any
phase of services after completion of the immediately preceding phase, or if the
Construction Phase has not commenced within 180 calendar days (plus such additional
time as may be required to complete the services called for under paragraph 6.2.2.5)
after completion of the Final Design Phase, ARCHITECT may, after giving seven days
written notice to OWNER, suspend services under this Agreement.
4.11 If ARCHITECT's services for design or during construction of the Project are
delayed or suspended in whole or in part by OWNER for more than three months for
reasons beyond ARCHITECT's control, ARCHITECT shall on written demand to
OWNER (but without termination of this Agreement) be paid as provided in paragraph
4.1.1. If such delay or suspension extends for more than one year for reasons beyond
ARCHITECT's~ control, or if ARCHITECT for any reason is required to render
Construction Phase services in respect of any prime contract for construction, materials
or equipment more than 60 days after Substantial Completion is achieved under that
contract, the various rates of compensation provided for elsewhere in this Agreement
may be subject to equitable adjustment.
4.12 In the event that the work designed or specified by ARCHITECT is decided
to be furnished or performed under more than one prime contract. the ARCHITECT will
be compensated in accordance with paraoraph 5.1.2.
END OF SECTION 4
4-2
SECTION 5 - PAYMENTS TO ARCHITECT
5.1 Compensation
5.1.1 OWNER has established an initial construction cost limit of three million three
hundred thirty thousand dollars ($3,330,000.00). In accordance with paragraph 6.2.2.2
an additional contingency of approximately five percent (5%) in the amount of one
hundred seventy thousand dollars ($170,000.00) is available for a total of three million
five hundred thousand dollars ($3,500,000.00) available for construction.
5.1.2 For Basic Services. OWNER shall pay ARCHITECT for Basic Services
rendered under Section 1 (as amended and supplemented by Exhibit A "Further
Description of Basic Services and Related Matters") as follows:
5.1.2.1 A lump sum in the amount of two hundred sixty two thousand five hundred
dollars ($262,500.00). This lump sum amount equals seven and one-half percent
(0.075) of the Owner approved Estimated Construction Costs as stated in paragraph
5.1. Progress payments for Basic Services in each phase shall total the following
percentages of the total basic compensation payable:
Schematic Design Phase
Design Development Phase
Construction Documents Phase
Bidding or Negotiation Phase
Construction Phase
Operational Phase
fifteen percent
twenty percent
thirty-five percent
five percent
twenty percent
five percent
(15%)
(20% )
(35%)
(5%)
(22%)
(3%)
$39,375.00
$52,500.00
$91,875.00
$13,125.00
$57,750.00
$7875.00
Total Compensation for Basic Services
(100%) $262,500.00
5.1.2.2 Should the ARCHITECT's Preliminary Construction Cost Estimate or the lowest
bona fide proposal or bid amount exceed the amount in section 5.1 as available for
construction, the ARCHITECT may be required at the discretion of the OWNER to
amend the design to bring the construction cost estimate or bid amount within the
amount specified without additional cost to the OWNER.
5.1.2.3 1f the work is not carried on after Construction Document Phase and drawings,
specifications and Construction Documents are completed and approved, the OWNER
will pay the ARCHITECT through the Construction Documents Phase in accordance
with Section 5.1.1 above; or, if the bids have been received, the OWNER will pay the
ARCHITECT seventy-five percent (75%) of the fee as specified in Section 5.1.1.1.
5.1.2.4 The ARCHITECT's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the initial Contract for
Construction and terminates sixty (60) days after the earlier of a) the actual date of
Substantial Completion; or b) the date established in the Contract for Construction for
the achievement of Substantial Completion. Services provided after this termination
date shall be considered Additional Services with compensation due in accordance with
Subparagraph 5.1.2 of this Agreement and shall require OWNER'S written
authorization.
5-1
5.1.2 For Additional Services. OWNER shall pay ARCHITECT for Additional Services
rendered under Section 2 as follows:
On an hourly basis, using Standard Office Billing Rates and Categories
identified in paragraph 5.5 of this Agreement, or as mutually agreed
between OWNER and ARCHITECT prior to the commencement of any
such services.
5.1.2.1 Resident Project Services. For Services of ARCHITECT's Resident Project
Representative (and assistants) furnished under paragraph 1.6.2.1., compensation shall
be computed as follows:
On an hourly basis, using Standard Office Billing Rates and Categories
identified in paragraph 5.5 of this Agreement, or as mutually agreed
between OWNER and ARCHITECT prior to the commencement of any
such services.
5.1.2.2 Professional Associates and Consultants. For services and Reimbursable
Expenses of independent professional associates and consultants employed by
ARCHITECT to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount
billed to ARCHITECT therefor times a factor of 1.10.
5.1.3 For Reimbursable Expenses. In addition to payments provided for in paragraphs
5.1.1 and 5.1.2, OWNER shall pay ARCHITECT the actual costs of all Reimbursable
Expenses incurred in connection with all Basic and Additional Services.
5.1.4 The term "Reimbursable Expenses" has the meaning assigned in paragraph 5.4.
5.2 Times of Payments
ARCHITECT shall submit monthly statement for Basic and Additional Services rendered
and for Reimbursable Expenses incurred. The statements will be based upon
ARCHITECT's estimate of the proportion of the total services actually completed at the
time of billing. OWNER shall make prompt monthly payments in response to
ARCHITECT's monthly statements.
5.3 Other Provisions Concerning Payments
Invoices for basic and additional services shall be mailed on or before the first (1 st) of the
month and shall be payable on or before the fifteenth (15th) of the month.
5.4 Reimbursable Expenses
5.4.1 Reimbursable Expenses are in addition to compensation for Basic and Additional
Services and include expenses incurred by the ARCHITECT and ARCHITECT's
employees and consultants in the interest of the Project, as identified in the following
clauses and include:
5-2
5.4.1.1 Expenses in connection with authorized out-of-town travel,
5.4.1.2 Long-distance communications,
5.4.1.3 Fees paid for securing approval of authorities having jurisdiction over the
Project,
5.4.1.4 Auto mileage directly attributable to the Project at a rate of $0.50/mile,
5.4.1.5 Expense of plots, reproductions, postage and handling of Drawings,
Specifications and other documents, photographic materials and developing expense,
long-distance phone calls, and faxes.
5.4.1.6 If authorized in advance by the OWNER, expense of overtime work requiring
higher than regular rates.
5.4.1.7 Expense of renderings, models and mock-ups requested by the OWNER.
5.4.1.8 Expense of additional insurance coverage or limits, including professional
liability insurance, requested by the OWNER in excess of that normally carried by the
ARCHITECT and ARCHITECT's consultants.
5.5 ARCHITECT's Standard Office Billing Rates
The following table of Standard Office Billing Rates shall be in effect where applicable
under paragraph 5.1.2 and 5.1.2.1 of this Agreement:
Partners, Principals
Project Manager
Project Architect
Intern Architect
Adminstrative Staff
$200.00
$130.00
$110.00
$90.00
$65.00
If requested by OWNER, the ARCHITECT will submit a list of employees,
their appropriate title and billing rates prior to authorization of services that will be
compensated by the Standard Office Billing Rates in paragraph 5.5.
END OF SECTION 5
5-3
SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST
6.1 Construction Cost
The construction cost of the entire Project (herein referred to as
"Construction Cost") means the total cost to OWNER of those portions of the entire
Project designed and specified by ARCHITECT, but it will not include ARCHITECT's
compensation and expenses, the cost of land, rights-of-way, or compensation for or
damages to properties, nor will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financing charges incurred in connection
with the Project or the cost of other services to be provided by others to OWNER
pursuant to paragraphs 3.7 through 3.11, inclusive. (Construction Cost is one of the
items comprising Total Project Costs which is defined in paragraph 1.2.4.)
6.2 Opinions of Cost
6.2.1 Since the ARCHITECT has no control over the cost of labor, materials, equipment
or services furnished by others, or over the Contractor(s)' methods of determining
prices, or over competitive bidding or market conditions, ARCHITECT's best judgment
as an experienced and qualified professional, familiar with the construction industry; but
ARCHITECT cannot and does not guarantee that proposals, bids or actual Total Project
or Construction Costs will not vary from opinions of probable cost prepared by
ARCHITECT. If prior to the Bidding or Negotiating Phase OWNER wishes greater
assurance as to Total Project or Construction Costs, OWNER shall employ an
independent cost estimator as provided in paragraph 3.9.
6.2.2 If a Construction Cost limit is established by written agreement between OWNER
and ARCHITECT and specifically set forth in this Agreement as a condition thereto, the
following will apply:
6.2.2.1 The acceptance by OWNER at any time during the Basic Services of a revised
opinion of probable Total Project or Construction Costs in excess of the then
established cost limit will constitute a corresponding revision in the Construction Cost
limit to the extent indicated in such revised opinion.
6.2.2.2 Any Construction Cost limit so established will include a contingency of five
percent 5% unless another amount is agreed upon in writing.
6.2.2.3 ARCHITECT will be permitted to determine what types of materials, equipment
and component systems are to be included in the Drawings and Specifications and to
make reasonable adjustments in the general scope, extent and character of the Project
to bring it within the cost limit.
6.2.2.4 If the Bidding or Negotiating Phase has not commenced within six months after
completion of the Construction Documents Phase, the established Construction Cost limit
will not be binding on ARCHITECT, and OWNER shall consent to an adjustment in such
6-1
cost limit commensurate with any applicable change in the general level of prices in the
construction industry between the date of completion of the Final Design Phase and the
date on which proposals or bids are sought.
6.2.2.5 1f the lowest bona fide proposal or bid exceeds the established Construction
Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2)
authorize negotiating or rebidding the Project within sixty (60) days, or (3) cooperate in
revising the Project's general scope, extent or character to the extent consistent with the
Project's requirements and with sound engineering/architectural practices. In the case of
(3), ARCHITECT shall modify the Contract Documents as necessary to bring the
Construction Cost within the cost limit. No compensation will be made for services in
making such modifications per paraqraph 5.1.1.2. The providing of such service will be
the limit of ARCHITECT's responsibility in this regard and, having done so, ARCHITECT
shall be entitled to payment for services in accordance with this Agreement and will not
otherwise be liable for damages attributable to the lowest bona fide proposal or bid
exceeding the established Construction Cost.
END OF SECTION 6
6-2
SECTION 7 - GENERAL CONSIDERATION
7.1 Termination
This Agreement may be terminated by either party upon thirty (30) days
prior written notice to the other party in the event of substantial failure by the other party
to fulfill its obligations under this Agreement through no fault of the terminating party.
7.2 Reuse of Documents
All documents including Drawings and Specifications prepared or furnished
by ARCHITECT (and ARCHITECT's independent professional associates and
consultants) pursuant to this Agreement are instruments of service in respect of the
Project. The ownership and property interest therein shall be granted to the OWNER
when the Project is completed. ARCHITECT shall supply a set of reproducible record
drawings and the original design on compact disc for the OWNER in accordance with
Section 1.3.6. OWNER may make and retain copies for information and reference in
connection with the use and occupancy of the Project by OWNER and others; however,
such documents are not intended or represented to be suitable for reuse by OWNER or
others on extensions of the Project or on any other project. Any reuse by OWNER
without written verification or adaptation by ARCHITECT for the specific purpose
intended will be at OWNER's sole risk and without liability or legal exposure to
ARCHITECT, or to ARCHITECT's independent professional associates or consultants,
and OWNER shall indemnify and hold harmless ARCHITECT and ARCHITECT's
independent professional associates and consultants from all claims, damages, losses
and expenses including attorneys' fees arising out of or resulting therefrom. Any such
verification or adaptation will entitle ARCHITECT to further compensation at rates to be
agreed upon by OWNER and ARCHITECT.
7.3 Insurance
During term of this agreement, ARCHITECT shall maintain levels of
insurance as described in Exhibit D. The ARCHITECT shall provide the City with 30
day prior notice of cancellation or termination of any required coverages.
7.3.1 ARCHITECT shall procure and maintain insurance for protection from claims
under worker's compensation acts, claims for damages because of bodily injury,
sickness or disease or death of any and all employees or of any person other than such
employees, and from claims or damages because of injury to or destruction of property
including loss of use resulting therefrom.
7.4 Controlling Law
This Agreement is to be governed by the law of the principal place of
business of OWNER.
7.5 Successors and Assigns
7-1
7.5.1 OWNER and ARCHITECT each is hereby bound and the partners, successors,
executors, administrators and legal representatives of OWNER and ARCHITECT (and
to the extent permitted by paragraph 7.5.2 the assigns of OWNER and ARCHITECT)
are hereby bound to the other party to this Agreement and to the partners, successors,
executors, administrators and legal representatives (and said assigns) of such other
party, in respect of all covenants, agreements and obligations of this Agreement.
7.5.2 Neither OWNER nor ARCHITECT shall assign, sublet or transfer any rights under
or interest in (including, but without limitation, moneys that may become due or moneys
that are due) this Agreement without the written consent of the other, except to the
extent that any assignment, subletting or transfer is mandated by law or the effect of this
limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing contained in this
paragraph shall prevent ARCHITECT from employing such independent professional
associates and consultants, as ARCHITECT may deem appropriate to assist in the
performance of basic services hereunder.
7.5.3 Nothing under this agreement shall be construed to give any rights or benefits in
this Agreement to anyone other than OWNER and ARCHITECT, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ARCHITECT and not for the benefit of any other party.
7.6 Dispute Resolution
The parties will attempt in good faith to resolve any controversy or claim arising out of or
relating to this agreement promptly by negotiation between senior executives of the
parties who have authority to settle the controversy. The disputing party shall give the
other party written notice of the dispute. Within ten days after receipt of said notice, the
receiving party shall submit to the other a written response. The notice and response
shall include (a) a statement of each party's position and a summary of the evidence
and arguments supporting its position, and (b) the name and title of the executive who
will represent that party. The executive shall meet at a mutually acceptable time and
place within twenty days of the date of the disputing party's notice and thereafter as
often as they reasonably deem necessary to exchange relevant information and to
attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the
senior executives, the parties shall endeavor to settle the dispute by mediation under
the Center for Public Resources Model Procedure for Mediation of Business Disputes or
pursue amicable termination. If the matter has not been resolved pursuant to the
aforesaid mediation procedure within sixty days of the commencement of such
procedure, (which period may be extended by mutual agreement), or if either party will
not participate in such procedure, the parties shall pursue amicable termination.
END OF SECTION 7
7-2
SECTION 8 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 This Agreement is subject to the following special provisions.
8.2 The following Exhibits are attached to and made a part of this Agreement:
8.2.1 Exhibit A "Further Descriptions of Basic Services and Related Matters"
consisting of 3 pages.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident
Project Representative" consists of 5 pages.
8.2.3 Exhibit C "Project Organizational Chart and Communication" consists of 1
page.
8.2.4 Exhibit D "Insurance" consists of 1 page.
8.2.5 Exhibit E "Initial Information" consists of 1 page.
8.3 This Agreement (consisting of 39 pages) together with the Exhibits and
schedules identified above constitutes the entire agreement between OWNER and
ARCHITECT and supersedes all prior written or oral understandings. This Agreement
and said Exhibits and schedules may only be amended, supplemented, modified or
cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of t aa and year first above written.
ARCHITECT:
RAY + HOLLINGTON ARCHITECTS, INC.
~J~~ident
ATTEST
~~\R.. ~~
(SEAL)
APPROVED AS TO FORM;
~r~
City Attorney
END OF SECTION 8
8-1
EXHIBIT A
FURTHER DESCRIPTION OF ARCHITECT
BASIC SERVICES AND RELATED MA TIERS
EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
21 February 2011
1. This is an exhibit attached to, made a part of and incorporated by reference into
the Agreement made on 21 February 2011, between the City of La Porte (OWNER) and
Ray + Hollington Architects, Inc. (ARCHITECT) providing for professional services. The
Basic Services of ARCHITECT as described in Section 1 of the Agreement are
amended or supplemented as indicated below and the time periods for the performance
of certain services as indicated in Section 4 of the Agreement are stipulated as
indicated below.
2. During the Schematic Design Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in paragraph 1.2.4.
b. Attend 3 meeting(s) with City staff to discuss progress and direction
of the work. After the meeting ARCHITECT shall circulate for
approval a set of minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by OWNER and
ARCHITECT.
The Schematic Design Phase will be completed and documents submitted within forty
five (45) days following written authorization from OWNER to ARCHITECT to proceed
with that phase of services.
3. During the Design Development Phase ARCHITECT shall:
a. Provide document sets to OWNER as outlined in paragraph 1.3.5.
b. Attend ~ meeting(s) with City staff to discuss progress and direction
of the work. After each meeting ARCHITECT shall circulate for
approval a set of minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by OWNER and
ARCHITECT.
c. The Architect will be responsible for filing applications for permits
with or obtaining approvals of such governmental authorities as
have jurisdiction to approve the design of the project. Specific
instances will be the Harris County Public Infrastructure
Department.
A-I
d. The Architect will be responsible for coordinating and securing cost
estimates from the providers to relocate franchise utilities located in
the alley adjacent to the site.
The Design Development Phase Services will be completed and Design Development
Documents and ARCHITECT's opinion of costs submitted within sixty (60) days
following written authorization from OWNER to ARCHITECT to proceed with that phase
of services.
4. During the Construction Documents Phase ARCHITECT shall:
Prepare construction documents ready for bidding, including the following tasks:
a. Construction drawings will be prepared at appropriate scale and
include:
Cover Sheet/Area Maps
Location Plans/Sheet Indicators
Final Site Plan and Architectural Plans
Mechanical Plans and Elevations
Final Electrical and Instrumentation
Structural Plans
Plumbing Plans
Detail Sheets
b. Concurrent with the development of design drawings, the
ARCHITECT will develop a Project Manual containing bidding
requirements, contract documents and specifications. The Project
Manual will be presented to OWNER for approval.
c. Attend 3 meeting(s) with City staff to discuss project and direction
of the work. After each meeting ARCHITECT shall circulate for
approval a set of minutes that outline the key topics discussed and
any decisions, directions, etc. agreed upon by OWNER and
ARCHITECT.
d. Make formal submittal of Drawings, Specifications and Contract
Documents for the OWNER's review and comment at the following
completion stages:
Interim
Pre-Final
Final
-50% of Detailed Design provide 1 set.
-90% of Detailed Design provide 3 sets.
-100% of Detailed Design provide 3 sets.
e. The ARCHITECT will develop a final "Total Probable cost"
estimate.
f. Provide document sets to OWNER as outlined in Paragraph 1.4.5.
A-2
The Construction Document Phase Services will be completed and the Report
submitted within ninety (90) calendar days following written authorization from OWNER
to ARCHITECT to proceed with that phase of services.
5. During the Bidding or Negotiating Phase ARCHITECT shall:
a. Assist OWNER in conducting the prebid conferences.
b. Following the receipt of bids, the Architect shall assist Owner in
reviewing the qualifications of those Contractors under
consideration for the award of the contract for construction.
The ARCHITECT shall review the Equipment and Experience
Statements submitted by the Contractor, check references and
prepare a written report and recommendation based on their
findings.
The ARCHITECT shall not be responsible for evaluating the
financial statement submitted by Contractors.
The Bidding or Negotiating Phase Services will be completed per terms of paragraph 4.6.
6. During the Construction Phase ARCHITECT shall:
a. During the Construction Phase, the ARCHITECT shall make visits
to the site at intervals appropriate to the various stages of
construction. After contractor has submitted construction
schedules, the OWNER and ARCHITECT will mutually agree on
key stages of construction that will warrant and require visits by
ARCHITECT. However, the total visits to site by the ARCHITECT
shall average 4 per month during the period of construction
commencing with the Notice to Proceed and terminating with the
(initial) Substantial Completion inspection.
The Construction Phase Services will be completed per term of paragraph 4.7.
END OF EXHIBIT A
A-3
EXHIBIT B
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
21 February 2011
This is an Exhibit attached to, made a part of and incorporated by reference with the
Agreement made on 21 February 2011 between The City of La Porte, Texas (OWNER)
and Ray + Hollington Architects, Inc. (ARCHITECT) providing for professional services.
ARCHITECT or OWNER may furnish a Resident Project Representative (RPR),
assistants and other field staff to assist ARCHITECT in observing performance of the
work of Contractor.
Through more extensive on-site observations of the work in progress and field
checks of materials and equipment by the RPR and assistants, ARCHITECT shall
endeavor to provide further protection for OWNER against defects and deficiencies in
the work of CONTRACTOR; but, the furnishing of such services will not make
ARCHITECT responsible for or give ARCHITECT control over construction means,
methods, techniques, sequences or procedures or for safety precautions or programs,
or responsibility for CONTRACTOR's failure to perform the Work in accordance with the
Contract Documents and in particular the specific limitations set forth in paragraph 1.6
of the Agreement are applicable.
The duties and responsibilities of the RPR are limited to those of ARCHITECT in
ARCHITECT's agreement with the OWNER and in the construction Contract
Documents, and are further limited and described as follows:
A. General
RPR is ARCHITECT's agent at the site, will act as directed by and under the
supervision of ARCHITECT, and will confer with ARCHITECT regarding RPR's actions.
RPR's dealings in matters pertaining to the on-site work shall in general be with
ARCHITECT and CONTRACTOR keeping OWNER advised as necessary. RPR's
dealings with subcontractors shall only be through or with the full knowledge and
approval of CONTRACTOR. RPR shall generally communicate with OWNER with the
knowledge of and under the direction of ARCHITECT.
B. Duties and Responsibilities of RPR
1. Schedules:
Review the progress schedule, schedule of Shop Drawing
submittals and schedule of values prepared by CONTRACTOR and
consult with ARCHITECT concerning acceptability.
2. Conferences and Meetings:
B-1
Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes
thereof.
3. Liaison:
a. Serve as ARCHITECT's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist in
understanding the intent of the Contract Documents; and assist
ARCHITECT in serving as OWNER's liaison with CONTRACTOR
when CONTRACTOR's operations affect OWNER's on-site
operations.
b. Assist in obtaining from OWNER additional details or information,
when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples that are furnished at the site by CONTRACTOR,
and notify ARCHITECT of availability of samples for examination.
c. Advise ARCHITECT and CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or sample if the submittal has
not been approved by ARCHITECT.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist
ARCHITECT in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to ARCHITECT whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the
Contract Documents, or has been damaged, or does not need the
requirements of any inspection, test or approval required to be
made; and advise ARCHITECT of Work the RPR believes should
be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operating
and maintenance training are conducted in the presence of
appropriate personnel, and that CONTRACTOR maintains
adequate records thereof; and observe, record and report to
ARCHITECT appropriate details relative to the test procedures and
startups.
B-2
d. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the results of
these inspections and report to ARCHITECT.
6. Interpretation of Contract Documents:
Report to ARCHITECT when clarifications and interpretations of the
Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ARCHITECT.
7. Modifications:
Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report with RPR's
recommendations to ARCHITECT. Transmit to CONTRACTOR
decisions as issued by ARCHITECT.
8. Records:
a. Maintain at the job site orderly files for correspondence, report of
job conferences, Shop Drawings and samples, reproductions of
original Contract Documents including all Work Directive Changes,
Addenda, Change Orders, Field Orders, additional Drawings issued
subsequent to the execution of the Contract, ARCHITECTs
clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the
job site, weather conditions, data relative to questions of Work
Directive, Change Orders or changed conditions, list of job site
visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test
procedures; and send copies to ARCHITECT.
c. Record names, addresses and telephone numbers of all
CONTRACTORS, subcontractors and major suppliers of materials
and equipment.
9. Reports:
a. Furnish ARCHITECT periodic reports as required of progress
schedule and schedule of Shop Drawing and sample submittals.
b. Consult with ARCHITECT in advance of scheduled major tests,
inspections or start of important phases of the Work.
c. Draft proposed Change Orders and Work Directive Changes,
obtaining backup material from CONTRACTOR and recommend to
ARCHITECT Change Orders, Work Directive Changes, and Field
Orders.
B-3
d. Report immediately to ARCHITECT and OWNER upon the
occurrence of any accident.
10. Payment Requests:
Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and
forward with recommendations to ARCHITECT, noting particularly
the relationship of the payment requested to the schedule of
values, Work completed, and materials and equipment delivered at
the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals:
During the course of the Work, verify that certificates, maintenance
and operation manuals and other data required to be assembled
and furnished by CONTRACTOR are applicable to the items
actually installed and in accordance with the Contract Documents,
and have this material delivered to ARCHITECT for review and
forwarding to OWNER prior to final payment for the Work.
12. Completion:
a. Before ARCHITECT issues a Certificate of Substantial Completion,
submit to CONTRACTOR a list of observed items requiring
completion or correction.
b. Conduct final inspection in the company of ARCHITECT, OWNER,
and CONTRACTOR and prepare a final list of items to be
completed or corrected.
c. Observe that all items on final list have been completed or
corrected and make recommendations to ARCHITECT concerning
acceptance.
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by ARCHITECT.
2. Shall not exceed limitations of ARCHITECT's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
B-4
5. Shall not advise on, issue directions regarding, or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other then
CONTRACTOR.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by ARCHITECT.
END OF EXHIBIT B
B-5
EXHIBIT C
COMMUNICATION
EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
21 February 2011
All correspondence shall include City of La Porte project description. All correspondence
regarding this Agreement for Professional Services and fee invoicing from ARCHITECT
to OWNER shall be addressed as follows:
City of La Porte
Attention: Reagan McPhail
604 W. Fairmont Parkway
La Porte, TX 77571
Delivery Address:
604 West Fairmont Parkway
La Porte, TX 77571
Deliveries related to project design and construction shall be sent to:
City of La Porte
Attention: Reagan McPhail
604 West F airmont Parkway
La Porte, TX 77571
mcphailr@laportetx.gov
All correspondence from OWNER to ARCHITECT shall be addressed to:
Richard Hollington
Ray + Hollington Architects, Inc.
24 E. Greenway Plaza #1515
Houston, Texas 77046
v. 713.524.6131
f. 713.630.1005
e. rhollington@rharchitects.com
END OF EXHIBIT C
C-I
EXHIBIT D
INSURANCE
EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES, dated
21 February 2011
This is an exhibit attached to, made a part of and incorporated by reference into the
Agreement made on 21 February 2011 between the City of La Porte (Owner) and Ray +
Hollington Architects, Inc. (Architect) providing for professional services.
Section 7.3 of the Agreement is amended and supplemented to include the following
agreement of the parties:
The limits of liability for the insurance required by paragraph 7.3 of the Agreement are
as follows:
By Architect:
1. Worker's Compensation Statutory
2. Employer's Liability $1,000,000
3. General Liability
General Aggregate $500,000
Each Occurrence (Bodily Injury
and Property Damage) $1,000,000
4. Excess Umbrella Liability
General Aggregate $500,000
5. Automobile Liability $500,000
6. Professional Liability
Each Occurrence $500,000
Aggregate $1,000,000
END OF EXHIBIT D
D-I
EXHIBIT E
INITIAL INFORMATION
EXHIBIT E TO AGREEMENT BETWEEN OWNER AND ARCHITECT
FOR PROFESSIONAL SERVICES
21 February 2011
1. Project Description & Scope: The project consists of a new fire station with six bays (15'- 16' x 90'/bay)
and a contiguous two story structure with a footprint estimated to be approximately 45' x 115'. The
ground floor is to accommodate a.) offices of the City Fire Marshall, b.) dormitory facilities (sleeping,
lockers, toilets, showers), dayroom and kitchen for Fire Department and E.M.S. personnel. The second
floor is to house the City Fire Department administrative offices, department training room and
exercise area. The new fire station will replace the existing Fire Station #1 which is to be demolished
under separate contract following the completion of the new facility. Site development includes
normal site utilities (storm drainage, domestic water, sanitary sewer and power), paving, approaches,
site lighting. Franchise utilities now located overhead in the alley will be required to be relocated
underground. All other utilities are assumed to be accessible at the perimeter of the site. The design of
the building is to be compatible with the historical nature of the adjacent Main Street area.
2. Location: The project site is a previously developed but currently open, unoccupied 150' x 125' site at
the northeast corner of the intersection South 3rd Street and West A Street in laPorte, Texas.
3. Preliminary Construction Cost Budget: The Owner has established an initial budget of $3,500,000.00
based on (18,000GSF x $185.00/GSF x 1.05 contingency factor) = $3,496,500.00.
END OF EXHIBIT E
E-l
13 .
--~---'-."~^~-'-~-"_.'-- - ---
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 14. 2011
Appropriation:
Requested By: Tim Tietiens
Source of Funds:
GF -Continl!encv
Department: Planninl!
Account Number:
001-6146-515-90-50
Report: ~Resolution: _Ordinance: _
Amount Budgeted:
Exhibits: Lease Agreement
Amount Requested:
$6.500.00
Exhibits: Area Map
Budgeted Item:
Yes
SUMMARY & RECOMMENDATION
At the December 13,2010, City Council meeting, staff presented for consideration, ajoint parking lot use
agreement by and between La Porte Community Church and the City for overflow parking from major
events at the Five Points Plaza. Both parties worked together to present an agreement in which parking
facilities would be provided to the City over a three year term at 200 South Broadway in exchange for lot
restoration (seal coating and paint striping), litter control after events, signage at the entrances, and staff
support in the event future relief is required through the Zoning Board of Adjustment to rebuild a Sunday
School building in the same footprint as the existing building at 201 South 1 st Street.
Staff's intent was to utilize only the portion of the parking lot that fronted Broadway, however, La Porte
Community Church intended for both portions of the parking lot to be utilized and improved. Therefore,
City Council tabled the item and directed staff to look into the matter. Staff met with the church who
offered rearrangement of the agreement into a three year lease of both sections of the parking lot for
$6,500. This lease amount is the same as the expenditure otherwise necessary to seal coat and stripe just
the Broadway section of the parking lot as proposed earlier. In essence, La Porte Community Church will
provide the parking lot restoration if the City leases the parking lot for the same amount that would have
been expended by the City for the Broadway section of parking. A lease agreement has been prepared by
the City Attorney and is attached for your review.
It is staff's opinion that the parking lot location is appropriate to serve as overflow parking for the patrons
of the Five Points Plaza during larger gatherings. This is a cost effective way to provide for event level
parking until permanent parking at another location in reasonable proximity can be provided by the City.
Following approval by City Council, funds will come out ofthe General Funds - Contingency.
Action Reauired bv Council:
Authorize the City Manager to execute a three year lease agreement with La Porte Community Church
regarding overflow parking for Five Points Plaza.
Council A enda
J
/6 ('I
Ron Bottoms, City Manager
Date
LEASE
STATE OF TEXAS
~
~
~
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
THAT THIS LEASE AGREEMENT made and entered into by and between THE LA PORTE COMMUNITY
CHURCH OF LA PORTE TEXAS, (hereinafter called "Lessor") and CITY OF LA PORTE, TEXAS, a municipal
corporation (hereinafter called "Lessee"), all of La Porte, Harris County, Texas.;
WI TN ESSE TH:
1. PREMISES
Upon and subject to the following terms, provisions and conditions which the parties hereto covenant to
observe, keep and perform, Lessor hereby leases, lets and demises unto Lessee and Lessee hereby hires and
takes from Lessor the parking lot surface located at 200 South Broadway Street, in the City of La Porte, Harris
County, Texas, said parking surface legally described as follows, to-wit:
1. Lots 1-4, Block 36 (100'xI25'), being the western portion of the parking lot
along South 1 st Street; and
2. Lots 26-32, Block 36 (175'xI25'), being the eastern portion of the parking
lot along South Broadway Street.
2. TERM
The term of this Lease shall be for one three (3) year Primary Term, commencing on the 1 st day of January,
2011, at 12.01 am. and shall terminate at 11:59 p.m. on December 31,2013. The Lease shall automatically
renew for successive one (1) year terms (Renewal Term), unless cancelled by either party by delivering written
notice to the other party no less than thirty (30) days before the commencement of the renewal term.
3. RENTAL
The rental payable by Lessee to Lessor for and during the term hereof shall be a single installment payment of
Sixty-five hundred dollars and no cents ($6,500.00). The rental hereunder shall be due and payable in advance
on the _ day of ,2011.
4. INSURANCE
Lessor and Lessee shall keep and maintain in force Comprehensive General Liability Insurance, proof of which
shall be provided to the other party on request. Each party shall notify the other party at least 30 days in advance
of cancellation of any applicable liability insurance policies.
5. UTILITIES. MAINTENANCE & REPAIRS
(a) Utilities: Lessor will pay for any electricity, water, sewer, natural gas, security systems, and any other utilities
used in or on the leased premises.
(b) Maintenance and Repairs: Lessor shall be responsible for all maintenance and repairs to the leased premises
and agrees to release Lessee from liability from any claims arising out of or that may be related to the
condition of the parking lot, from its use thereby.
(c) Lessor agrees that it will seal coat and stripe the parking lot surface (as more particularly described in
paragraph 1 of this Agreement)within 60 days after the effective date of this Agreement.
(d) Lessee agrees that it will be responsible for removing litter or other debris from the parking lot surface after use
by patrons of Lessee, in those cases where the parking lot is used for overflow parking. Subject to the foregoing
commitments, Lessee shall not be responsible for any ongoing maintenance or repair of the parking lot, and for
all purposes disclaims any liability for, and makes no representations, performance guarantees, or express or
implied warranties in relation to the condition of the parking lot.
6. USE
Lessor agrees to allow Lessee to access open parking spaces and driveways located at 200 South Broadway (as
more particularly described in paragraph 1 of this Agreement), for overflow parking, for the benefit of patrons of
the Five Points Plaza. Such privileges shall be limited to periods when the parking lot is not being used in
connection with church events.
Lessor agrees to notify Lessee when feasible no less than 10 days and at a minimum two days in advance of
scheduled church events (except Sunday morning hours) that would prevent patrons of Five Points Plaza from
using the parking lot for overflow parking. Towards this end, Lessor agrees to erect temporary signs provided by
Lessee at the entrances to the parking lot, during major church events, advising the public as follows: "Parking
restricted for patrons and guests of La Porte Community Church". Lessor agrees to remove said sign at the
conclusion of church events.
Lessee agrees to erect signs at all entrances to the parking lot advising the public of the following: "Parking
available for patrons of Five Points Plaza, except from 5am to 3pm on Sundays, or during church events. Illegally
parked vehicles will be towed at owner's expense."
Lessee will not commit any waste on the premises and will comply with all applicable laws and ordinances
respecting the use and occupancy thereof. Lessee shall use and occupy the premises for the purpose of parking
motor vehicles; provided, however, that Lessee shall not use the premises for any purpose which may be
hazardous to persons or property or which may constitute a nuisance.
Lessee agrees to clean the surface of any and all equipment, vehicles, or other material of any nature, as well as
all trash, rubbish, garbage and other refuse from the leased premises at the end of the lease term and return same
to Lessor in good condition.
7. QUIET ENJOYMENT
Unless Lessee shall breach any of the covenants herein imposed upon it, Lessee shall be entitled, subject to the
provisions of this agreement, to the enjoyment and peaceful possession of the premises during the term hereof
8. LIABILITY
Lessor shall not be liable to Lessee or to Lessee's agents, employees, customers, licensees or invitees for any
loss, injury, death or damage to persons or property caused by any negligent act or omission of Lessee, its
agents, employees, customers, licensees, guests or invitees, and to the extent allowed by law Lessee agrees to
indemnify and hold Lessor harmless from all claims for any such loss, injury, death or damage.
9. ASSIGNMENT/SUBLETTING
It is expressly agreed that the premises covered by this Lease shall not be subleased, nor shall this Lease be
assigned by Lessee, in whole or in part, without the prior written permission of Lessor. Lessor shall have the
2
right to transfer or assign in whole or in part its rights under this Lease, subject to thirty (30) days prior written
notice to Lessee.
10. WAIVERS
It is agreed that the waiving of any of the covenants of this Lease by either party shall be limited to the particular
instance and shall not be deemed to waive any other breach of such covenants.
11. MISCELLANEOUS
The City of La Porte agrees that staff members of the Planning Department will to the extent allowed by law
pledge their best efforts to support any application by La Porte Community Church for relief before the La Porte
Zoning Board of Adjustment, in so far as an application for relief is necessary for its bid to rebuild a Sunday
School building on the existing footprint at 200 South 151 Street. La Porte Community Church understands that all
rules and regulations of the City shall apply, and cannot be contractually waived, and that no representation is
made as to the decision to be reached by either the Zoning Board of Adjustment, or if applicable, the La Porte
Planning and Zoning Commission or La Porte City Council.
12. ADDRESSES FOR NOTICES
LESSOR:
200 S.l st Street
La Porte, TX 77571
LESSEE:
604 West Fairmont Parkway
La Porte, Texas 77571
13. GENERAL
This Lease and all provisions hereof shall, subject to the provisions hereof, be binding upon and inure to the
benefit of the successors and assigns of each party hereto.
IN WITNESS WHEREOF, the parties hereto, expressly intending to be legally bound by all the terms and
conditions hereof, have caused these presents to be executed in duplicate effective the _ day of
2011.
LESSOR:
.~ '
~1A ' !J~, By:
~~~f
~
3
By:
Ron Bottoms
City Manager
STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the I~ay of Fe (j
Manager of the CITY OF LA PORTE, TEXAS, a municipal corporation, on behalf 0
20 I L by Ron Bottoms, City
aid city.
- -
- - -
- -
Yltt4~.~)
Notary PublIc, State of Texas
(i) SHARON HARR18
. .. .... Mr Commllllon Explfu
~ \<,~ September 12. 2013
- -
~-
-
STATE OF TEXAS S
S
COUNTY OF HARRIS S
() , 1/ri\ O~... was acknowledged before me on the (;1'\ day of IIr.M"& 20lL by
~ ~ of THE LA PORTE COMMUNITY CHURCH OF LA POR1(TEXAS, behalf of said
entity.
~c,~~
KRYSTLE YVETTE CAPSTIN
My Commission Expires
November 19. 2014
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4
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"""~--~-~--",""_.._~.,~.^.;_.~._."_..._..__._-------
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14.2011
Aoorooriation
Requested By: City Attorney
Source of Funds:
Department:
Legal
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Memo from City Attorney
Amount Requested:
Exhibits: Draft Ordinance
Budgeted Item:
Exhibits: Propo"alletter from lTniver"itie" of HOlldonlRice
SUMMARY & RECOMMENDATION
Discuss appointment of a Re- Districting Committee to recommend a re-districting plan to City Council based on the
2010 Census in addition to discussing the attached proposal letter from the Universities of Houston and Rice to
provide technical and analytic support on the re-districting effort.
Action Reauired bv Council:
Discuss appointment ofa Re-Districting Committee and provide staff with direction.
J /8/11
Date
askins
& askins p.c.
ATIORNEYS and COUNSELORS
Knox W. Asldns
Clark T. Askins
February 1, 2011
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Workshop Agenda Request -- February 14, 2011
City Council Meeting
Discuss appointment of a Re-Districting Committee to recommend
a Re':'Districting plan to City Council based on the 2010
Census; authorize staff to engage Hobby Center at the
University of Houston and Rice University to provide a
statistical analysis; and discuss re-districting procedures.
Gentlemen:
The City of La Porte expects to receive detailed U.S. Census data
within the next few weeks. This data will be the basis for re-
drawing City of La Porte Council district boundaries, as necessary.
The procedure which the City Council has followed in 2001, and
previous re-districtings, is to first appoint a citizens committee,
with minority and gender diversity, and representation from each of
the six existing Council districts, to review the census tract data
for the City of La Porte, and to work with the City's Planning and
Engineering Departments, on preparation of proposed maps.
Opportunities are provided for public input during these
procedures.
The starting point is the population and demographic composition of
each district, in the 2001 re-districting, which was approved by
the U.S. Justice Department. Then, the changes, either increases
or decreases, in the population of each district, are calculated.
As a general rule of law, the Justice Department prefers the
districts be compact and substantially equal in population, with an
approximate five percent (5%) allowable deviation. The committee
and City Council can take into consideration location of residences
of the incumbent district councilmembers.
The following citizens served on the Re-Districting Committee in
2001:
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
Hon. Mayor & City Council
February 1, 2011
page 2
Chairperson:
District 1:
District 2:
District 3:
District 4:
District 5:
District 6:
position A:
position B:
Alternate 1:
Alternate 2:
Alternate 3:
Sydney Grant
Betty Waters
Betty Stoumbagh
Kirby Linscomb, Jr.
Charlie Perry, who resigned, then Jesse Wilson
Bernard Legrand
Bob Capen
Claudia Zapata
Ed Matuszak
Dina Martinez
(Unfilled)
(Unfilled)
We have prepared a proposed form of ordinance for City Council to
appoint a Re-Districting Committee, which we recommend be placed on
the February 28, 2011, City Council agenda.
The City has received a proposal letter from the Hobby Center for
Public Policy at the University of Houston and Rice University, to
provide technical and analytic support on the re-districting
effort. However, these agencies do not draw lines; all drawing of
lines must be done by the City. At the conclusion of the
proceedings, they would provide a statistical analysis, which will
be included in the City's filing for approval with the U.S. Justice
Department.
The City's citizens committee's recommendations will be presented
to City council, at which time a formal public hearing will be
held. Final approval of the re-districting maps is strictly in the
hands of City Council.
When City Council has finally approved the maps, our office and
City staff will prepare a submission for filing with the Justice
Department, for its approval. If this could be done by early Fall,
2011, the new district boundaries will be in place in time for the
2012 regular City Council election.
We would be happy to answer any questions you might have.
Yours very truly,
~
Knox W. Askins
City Attorney
City of La Porte
~r~~
Clark T. Askins
Assistant City Attorney
City of La Porte
Hon. Mayor & City Council
February I, 2011
page 2
KWA: sw
Attachments
cc: Mr. Ron Bottoms
City Manager
City of La Porte
Ms. Sharon Harris
Assistant City Secretary
City of La Porte
ORDINANCB HO. 2011-
AN ORDINANCE APPOINTING A RE-DISTRICTING COMMITTEE, AND
ESTABLISHING ITS POWERS AND DUTIES; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte hereby
appoints the following residents of the City of La Porte to a Re-
Districting Committee, to-wit:
Chairperson:
District 1:
District 2:
District 3:
District 4:
District 5:
District 6:
position A:
position B:
Alternate 1:
Alternate 2:
Alternate 3:
The Chairman shall appoint alternates as required to establish
a quorum at any meeting.
Section 2. Following publication of the 2010 Federal Census,
the Re-Districting Committee shall conduct an investigation and
determine the population of the City, and the population of each of
the districts from which district Councilpersons are elected. Each
such determination shall be based upon the best available data,
including, but not limited to, the 2010 Federal Census. Each such
determination shall be reported by the Re-Dis~ricting Committee to
City Council, which shall express the results of such determination
in an ordinance, which shall be a final determination for purposes
of the Home Rule Charter of the City of La Porte. After any such
determination, if the distribution of population among the various
districts is determined by City Council to be materially
unbalanced, the Re-Districting Committee shall, following public
notice and an opportunity for public input, recommend to City
Council the establishment of new boundaries for the election of
district Councilpersons.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
day of
CITY OF LA PORTE
, 2011.
By:
Louis R. Rigby, Mayor
2
ATTEST:
Patrice Fogarty
City Secretary
APPR~t<J. ~
Knox W. Askins
City Attorney
3
U N I V E R SIT V of
HOUSTON
~~~~llW~~~
HOBBY CENTER FOR PUBLIC POLICY
July 21,2010
Mr. Knox W. Askins
City of La Porte
604 W. Fairmant Pkwy.
La Porte, Texas 77571
Dear City Attorney Askins:
As you know, after the release of the Census 2010 data ~xt March, local governments with governing boards elected by district
such as the City of La Porte must re-draw district boundaries.
The Hobby Center for Public Policy (HCPP) at the University of Houston and the Hobby Center for the Study of Texas (HCST) at
Rice University can assist you in this task.
Redistricting is the most data-driven of all government activities and sometimes the most contentious. We can't draw the lines.
You have to do that. We can't provide legal opinions. Your attorney has to do that. However we can draw various maps
ana do the statistical analysis required by the U.S. Department of Justice for the plans you are considering. This documentation
is essential in supporting the governmental entity's application for pre-clearance as required by Section 5 of the Voting Rights
Act.
Statistical and mapping software for redistricting is complex. HCPP and HCST researchers can do the job.
HCPP is directed by Dr. Jim Granato, experienced in data-intensive demographic and geographic studies for the City of Houston
and the State of Texas. Dr. Richard Murray, director of HCPP's Survey Research Institute, has extensive experience in
redistricting research and analyses for local governments in Texas. HCPP's Concept Visualization Lab also provides innovative
multi-dimensional visualizations, which can assist in data analysis and creating custom presentations. HCPP associate director
Renee Cross will supervise the redistricting project.
HCST is directed by Dr. Steve Murdock, former director of the U.S. Census Bureau and former Texas state demographer.
Additional benefits of working with HCPP and HCST on your redistricting project include:
A user-friendly website containing the essential 2010 census data and other redistricting information.
· You or your nominee will become a member of our Redistricting 2010 steering committee.
You will also receive a complimentary copy of Redistricting Law 2010, a legal guide for drawing new maps and
analyzing or litigating district plans. Published by the National Conference of State Legislatures, this guide retails for
$95.
The project fee will be $1,594 for the City of La Porte, which is five cents per resident found in the 2000 Census. The 2000
population count for your jurisdiction was 31,880.
The people and technological tools at the Hobby Center for Public Policy and the Hobby Center for the Study of Texas can
provide the expertise to make your 2010 redistricting project go smoothly.
I look forward to hearing from you.
Respectfully,
JY)~
Bill Hobby
hobby@uh.edu
Hobby Center for Public Policy. 104 Heyne Building. Houston, Texas. 77204-5021 . 713743 3970 . www.uh.edu/hcpp
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: February 14.2011
Budl!et
Requested By: Traci Leach
Source of Funds:
na
Department: Administration
Account Number:
na
Report: X Resolution:
Ordinance:
Amount Budgeted:
na
Exhibits:
Amount Requested:
ua
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
The closing of the Bay Shore Sun prompted city staff to engage in a discussion regarding how to most efficiently
communicate with the public for both city news and items of interest to the community, such as local sports
information and information about community groups. In terms of disseminating community and school district
news, local newspapers from adjacent communities have begun to fill that void and have increased coverage of La
Porte. While this is certainly an encouraging development, the long-term viability of these endeavors is unknown
and city staff has discussed various options for moving forward to fill this void in local news regardless of what may
happen in the future with these local newspaper publications.
Including community news and events from various community groups, such as the school district, non-profit
organizations, service organizations, and business happenings that help build up the La Porte community is typically
not currently a primary focus of the publications the city produces. However, these issues have become a priority
and city staff will be presenting ideas that will allow the city to become more proficient at publicizing this type of
information, in addition to news about city events and programs. Among the ideas that will be discussed are
expansion of programming available on Channel 16, operation of a low frequency radio station, internet radio,
distribution ofa community newsletter, increased utilization of the Internet, and the creation ofa staff
communications coordinator.
City staff will be seeking City Council direction and input regarding these ideas.
Action Reauired bv Council:
al action required. City staff is seeking direction from the City Council.
J /8 ILl
Date
c
-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: February 14.2011
Source of Funds:
Requested By: Tim Tietiens
Account Number:
Department: Planninl!
Amount Budgeted:
Report: -X-Resolution: _Ordinance:_
Amount Requested:
Exhibit: Excavation and Removal Agreement
Budgeted Item: _YES _NO
Exhibit: Timeline of Improvements
Exhibit: Map of Area
SUMMARY
The F216 (Little Cedar Bayou) detention facility is a proposed 29 acre regional storm water detention
facility intended to accommodate additional upstream flows thereby reducing flooding of areas to the
north while restricting and detaining outflow to the south to preconstruction levels. While the design
process started in the late 1990s, the final iteration of plans were completed in January of2007.
In 2009, the City was approached by Mr. Ed Bradley of BSP Construction to consider aIlowing BSP to
utilize excavated material from F2 I 6 for the SH 146 highway project. He offered to build the pond to
specifications in exchange for being able to provide the fill to TxDOT. Council held a workshop on the
item in July of 2009. On August 11,2009 entered into an agreement with BSP to construct the facility in
accordance with approved plans for a nominal fee of $2,000. The project was to be completed within 18
months. The city was to provide the materials for the drainage structures and BSP was to construct the
pond and the structures as designed.
Currently, approximately 110,000 CY of fill have been excavated with approximately 130,000 CY
remaining. The project remains in rough-grade condition. BSP has not yet constructed any of the drainage
structures. Another party has expressed interest in completing the excavation.
The purpose of this workshop is to determine the desired methodology of advancing this project given its
current condition and with whom services might be procured.
Action Required bv Council:
R eive re ort from staff regarding F216 excavation activity and provide direction for project completion.
rJ!a/u
Date
EXCAVATION AND REMOVAL AGREEMENT
CITY OF LA PORTE
F216-00-00 LINEAR DETENTION PROJECT
THESTATEOFTEXAS I
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
THIS EXCAVATION AND REMOVAL AGREEMENT, hereinafter called the "Agreement," Is entered
into by and between the City of La Porte, a body corporate and politic under the laws of the State of
Texas, hereinafter referred to as the "City" and Edward Bradley, doing business as Bradley Site
Preparation, a sole proprietorship, hereinafter referred to as the "Contractor."
WITNESSETH, that
WHEREAS, Little Cedar Bayou Unit F21S-00-00 is part of the CIty's regional detention program; and
WHEREAS, the City desires to have a specific portion of Little Cedar Bayou Unit F216-00-00,
hereinafter referred to as the "Site," cleared and excavated, the spoil removed and transported
therefrom, and disposed of off site, and a Storm Water Pollution Prevention Plan implemented,
construction of certain structures and erosion control measures Installed, hereinafter referred to as
the aproject/' said Site being approximately 29 acres depicted In Exhibit "C".
WHEREAS, the Contractor represents that it is capable and qualified to perform the various services
that may be reqUired.
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the
parties herein named, the parties agree as follows:
I.
Subject to the terms and provisions hereinafter set forth, and after complete and punctual
compliance therewith and performance thereof, the City agrees to pay $2,000 to the Contractor for
implementation of a Storm Water Pollution Prevention Plan, site clearing, construction, regrading,
excavation, removal, transportation, and disposal offsite of a minimum of 200,000 cubic yards of
spoil, but not to exceed a maximum of 240,000 cubic yards of spoil, in accordance with the plans
and specifications provided to the Contractor by the City, hereinafter referred to as the .Plans,"
which are more fully described in Exhibit B. Payments to the Contractor shall be paid upon
completion of the excavation and removal provisions of the Agreement, as determined by the City's
Manager or his designee (hereinafter the aManager"). Strict adherence to the Plans Is expressly
made a term and condition of this Agreement.
II.
THE CONTRACTOR COVENANTS NOT TO SUE AND AGREES TO RELEASE, DEFEND,
PROTECT, INDEMNIFY, AND FOREVER HOLD THE CITY, ITS OFFICIALS, AGENTS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, INVJTEES, AND OTHER
CONTRACTORS (HEREINAFTER IN THIS ARTICLE REFERRED TO AS THE "CITY")
HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITY, CLAIMS, DEMANDS,
AND CAUSES OF ACTION OF EVERY CHARACTER AND KINO RESULTING FROM PERSONAL
INJURY, ILLNESS, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY
OCCURRING,GROWING OUT OF, INCIDENT TO, OR RESULTING DIRECTLY OR INDIRECTLY
FROM THE ACTIONS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MANAGER,
EMPLOYEES, AGENTS, SERVANTS, LICENSEES, SUBCONTRACTORS, OR
REPRESENTATIVES IN SECURING, EXERCISING, OR IN ANY MANNER PERFORMING THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS THE EXPRESS INTENT OF THE
PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE IS
EXTENDED BY CONTRACTOR TO INDEMNIFY, DEFEND, AND PROTECT THE CITY FROM
THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE. THIS INDEMNITY SHALL APPL Y
EVEN THOUGH ANY DAMAGE, INJURY, SICKNESS, OR DEATH IS CAUSED IN WHOLE OR IN
PART BY ANY DEFECT IN OR CONDITION OF ANY PROPERTY, AREA, FACILITIES,
EQUIPMENT, TOOLS, OR OTHER ITEMS WHICH MAY BE PROVIDED BY CITY, WHETHER OR
NOT SUCH DEFECT OR CONDITION WAS KNOWN OR COULD HAVE BEEN KNOWN BYTHE
CITY.
III.
All or a portion of the Project will be constructed on land or right-ot-way belonging to the City, The
City authorizes the Contractor to enter upon such land or right-ot-way for the limited purpose of
constructing the Project. The Contractor's authority to enter upon the land or right-of-way is
expressly limited to the purposes set forth herein, is subject at all times to the City's right to enter
upon and use its land for flood control purposes, as is more fully provided for In ArtIcle VIII. hereof,
and is expressly limited to the extent of the City's right, title, or Interest, if any, in and to the land or
right-ot-way used by the Contractor, and the City makes no representation or warranty regarding its
right, title, or interest, if any, in and to the land or right-of-way used by the Contractor for constructing
the Project. If, and in the event that, additional rights, title, and interest in and to property are
needed to carry out any or all of the activities under this Agreement, the acquisition of such rights,
title, and interest shall be at the sole expense and obligation of the Contractor.
IV.
During the term of this Agreement, Contractor will maintain general liability insurance on the Project
Site In amounts not less than One Hundred Thousand and No/100 Dollars ($100,000.00) for Injuries
or death to anyone person and not less than Three Hundred Thousand and No/1 00 Dollars
($300,000.00) tor injuries or death to more than One person and not less than One Hundred
Thousand and No/100 ($100,000.00) for an injury to or destruction of property in anyone accident
or occurrence, or in the amounts of the City's maximum limitations of liability under the Texas Tort
Claims Act, as amended, whichever amounts shall be greater. Within fifteen (15) days after the
commencement of the Project, Contractor shall deliver a copy of each such Insurance polley to the
Manager, as well as a certificate of Insurance as proof of said insurance in a form satisfactory to the
Manager. Not later than thirty (30) days after the expiration date of each polley, Contractor shall
furnish a copy ot a renewal Insurance polley to the Manager, as well as a certificate of insurance as
proof of said Insurance In a form satisfactory to the Manager.
V.
The City retains the right to enter the Project Site for any reason, including but not limited to the
purpose of having the City's inspector observe the Contractor's performance under this Agreement,
and to order corrections to or modifications ofthe activities ofthe Contractor that are, within the sole
discretion of the Manager, inconsistent with the Plans or the terms of this Agreement.
-2-
VI.
The Contractor agrees to complete the Project in a good and workmanlike manner and in
accordance with the Plans and generally accepted standards pertinent thereto, while taking any
steps necessary to keep the Project Site in good order and to remove any spoil dropped or
otherwise deposited during its activities on public streets and bridges In the area. The Contractor,
furthermore, agrees to properly and lawfully dispose of all spoil removed from the Project Site In
accordance with all applicable federal, state, and local laws, regulations, and ordinances, and in
such manner that the same shall not, after disposal, constitute a nuisance. THE CONTRACTOR
SHALL BE SOLELY RESPONSIBLE FOR THE PROPER DISPOSAL OFTHE SPOil REMOVED
FROM THE SITE AND HEREBY EXPRESSLY INDEMNIFIES AND AGREES TO HOLD THE CITY,
ITS OFFICIALS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, AND OTHER
CONTRACTORS HARMLESS FROM ANY AND ALL LIABILITY FOR ANY FAILURE TO
PROPERLY TRANSPORT AND DISPOSE OF THE SAME.
The Contractor will exercise all reasonable care and caution while carrying out any or all of the
activities under this Agreement. The Contractor shall secure from all persons entering the Site at
Contractor's invitation or request a properly executed Release of Liability (Release) in the form
attached hereto as Exhibit "A" and shall furnish same to the City. The Contractor understands and
agrees, such understanding and agreement being ofthe absolute essence of this Agreement, that
the execution and delivery of said Release is a condition of another person's participation in the
performance of services under this Agreement and that no person will enter the Site without signing
and delivering the Release to the City. If any individual fails to provide the Release before entering
the Site, he or she is and shall be deemed a trespasser.
VII.
The Manager retains the right to stop implementation of the Plans and to immediately terminate this
Agreement, in the event that the Manager determines, in his sole discretion, that the Plans or the
terms of this Agreement have been violated or breached.
VIII.
The Contractor agrees that the Manager, at all times, retains the right to demand immediate removal
of any and all equipment, personal property, and personnel from the Project Site, or to take such
steps as may be necessary to remove the same. The City, its officials, agents, servants,
employees, representatives, licensees, invitees, and other contractors assume no responsibility for
the well being or disposition of any items of equipment or personal property removed hereunder.
The City, furthermore, reserves the right to, at any time, enter upon and use the subject property for
flood control purposes and to take such actions with respect to such property or any personal
property located thereon as, in its Manager's sole discretion, may be necessary or convenient for
flood control purposes and the Contractor shall have no claim for damages of any character on
account thereof against the City, its officials, agents, servants, employees, representatives,
licensees, Invitees, or other contractors. The Manager may also terminate this Agreement without
cause upon thirty (30) days prior written notice to the Contractor and the Contractor shall have no
claim for damages of any character on account thereof against the City, Its officials, agents,
servants, employees, representatives, 'licensees. invltees, or other contractors.
IX.
In the event of an early termination of the Agreement by the City, the City agrees to pay the
Contractor a prorated share of the Agreement price based on the regrading completed and volume
of spoil excavated, as determined by the Manager.
-3-
X.
The Contractor agrees that the entire performance of the Agreement shall be completed to the
satisfaction of the Manager within eighteen (18) months of the date fixed in the 'Notice to Proceed'
when It shall have been issued, unless the Manager determines In his sole discretion that good
cause exists to extend the time of performance. Any extensions of time granted by the Manager
shall be In writing.
This Agreement shall be executed by the Contractor and returned to the City by August 14, 2009,
otherwise it shall be deemed null and void.
XI.
All notices and communications to the City under this Agreement shall be mailed by certified mail,
return receipt requested, or delivered to the following address:
City of La Porte
604 West Falrmont Parkway
La Porte, TX 77571
Attention: City Manager
All notices and communications to the Contractor under this Agreement shall be mailed by certified
mail, return receipt requested, or delivered to the following address:
SSP Construction
15111 Hwy. e
Santa Fe. TX 77517
Attn: Edward Bradley
XII.
The Contractor shall under no circumstances release any material or information developed in the
performance of its services hereunder without the prior express written permission of the City.
Contact with the news media, private citizens, or community organizations shall be the sole
responsibility of the City. Inquiries concerning this Agreement or any project for which Contractor
performs services hereunder shall be referred to the City.
XIII.
The Contractor represents that it shall conform fully with all applicable federal, state. and local laws,
ordinances, and regulations, including applicable road usage regulations, specifically including, but
not being limited to, laws, ordinances, and regulations of the U.S. Army Corps of Engineers, the
Texas Historical Commission, the U.S. Environmental Protection Agency, the Texas Commission on
Environmental Quality, and local permitting authorities. Evidence of any and all permits required by
these laws, ordinances, or regulations shall be submitted to the City before the Contractor begins
the Project. THE CONTRACTOR SHALL INDEMNIFY AND HOLD THE CITY, ITS AGENTS,
SERVANTS, EMPLOYEES, OFFICIALS, REPRESENTATIVES, LICENSEES, INVITEES, AND
OTHER CONTRACTORS HARMLESS FROM ALL LIABILITY OR PENALTIES FOR FAILURE TO
CONFORM FULLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS,
ORDINANCES, AND REGULATIONS.
-4-
XIV.
THE CONTRACTOR SHALL PERFORM ALL ENVIRONMENTAL MITIGATION REQUIRED FOR
THE PROJECT, INCLUDING WETLANDS MITIGATION, AND THE CONTRACTOR SHALL
INDEMNIFY AND HOLD THE CITY, ITS AGENTS, SERVANTS, EMPLOYEES, OFFICIALS,
REPRESENTATIVES, LICENSEES, INVITEES, AND OTHER CONTRACTORS HARMLESS
FROM. ALL LIABILITY OR PENALTIES FOR FAILURE TO ADEQUATELY PERFORM SUCH
MITIGATION, INCLUDING BUT NOT LIMITED TO, ANY FAILURE THAT MAY BE DUE, IN
WHOLE OR IN PART, TO THE NEGLIGENCE OF THE CITY, ITS OFFICIALS, AGENTS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, INVITEES, OR OTHER
CONTRACTORS.
XV.
The Contractor shall be responsible for the preparation of any Storm Water Pollution Prevention
Plan that may be required, subject to City approval, and the submittal of requisite Notice of Intent
from the City and the Contractor to the Texas Commission on Environmental Quality. Evidence of
those procedures shall be submitted to the Manager before the Contractor begins construction of
the Project. The Contractor shall comply with the City's format for filing a Storm Water Pollution
Prevention Plan. A copy of the submitted Notice of Termination (NOT) to TCEa is required for
approval of final payment.
XVI.
The City and the Contractor bind themselves and their successors, executors, administrators, and
assigns to the other party of this Agreement to all covenants of this Agreement. Neither the City nor
the Contractor shall assign, sublet, or transfer its or his interest in this Agreement without the prior
written permission of the other. Nothing herein shall be construed as creating any personal liability
on the part of any official, agent, or representative of any public body that may be a party hereto.
XVII.
The Contractor has been advised by the City and the Contractor clearly understands and agrees,
such understanding and agreement being of the absolute essence to this Agreement, that the City
shall have available the total maximum sum of Two Thousand and No/100 Dollars ($2,000.OO)
specifically allocated to fully discharge any and all liabilities that may be incurred by the City
pursuant to the terms of this Agreement, and that the total maximum compensation the Contractor
may become entitled to hereunder and the total maximum sum the City shall become "able to pay to
the Contractor hereunder shall not under any conditions, circumstances, or interpretations exceed
the said total maximum sum provided for in this Article.
-5-
XVIII.
This instrument contains the entire Agreement between the parties relating to the rights herein
granted and obligations herein assumed. Any oral or written representations or modifications
concerning this Agreement shall be of no force or effect, excepting a sUbsequent modification in
writing signed by all parties hereto.
exeCUTeD in triplicate originals on
AUGus T II.
,
~OCJ9
/
Knox Askins
City of La Porte d
City Attorney
By; tJ4 tfc ·
Knox Askins
City Attorney
APPROVED AS TO FORM:
Bradley Site Preparation
By:
Name: Edward Bradley
TItle: Owner
-6.
EXHIBIT "A"
RELEASE OF LIABILITY
I HEREBY ASSUME ALL RISKS ASSOCIATED WITH ENTERING PROPERTY OWNED
BY THE CITY OF LA PORTE AND THE ACTIVITIES TAKING PLACE THEREON. I
FURTHER RELEASE AND HOl-D HARMLESS THE CITY OF LA PORTE, ITS MANAGER,
OFFICIALS, SERVANTS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES,
INVITEES, AND CONTRACTORS FROM ALL CLAIMS OF ANY CHARACTER, TYPE, OR
DESCRIPTION TO WHICH I OR ANOTHER PERSON MAY BE ENTITLED ASA RESULT
OF ANY INJURYTO OR DEATH OF MYSELF OR ANOTHER PERSON, OR DAMAGE TO
PROPERTY, OCCURING AS A RESULT OF ACTIONS TAKING PLACE DURING THE
PERFORMANCE OF PROJECT ACTIVITIES ON UNIT F216-00-00 UNDER THE
AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE AND EDWARD BRADLEY,
DOING BUSINESS AS BRADLEY SITE PREPARATION, A SOLE PROPRIETORSHIP.
I FURTHER AGREE TO RELEASE, HOLD HARMLESS, INDEMNIFY, AND COVENANT
NOT TO SUE THE CITY OF LA PORTE, ITS MANAGER, OFFICIALS, SERVANTS,
EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES, INVITEES, AND
CONTRACTORS FROM THE ABOVE-DESCRIBED CLAIMS, EVEN THOUGH SUCH
INJURY OR DEATH OR DAMAGE TO PROPERTY IS CAUSED,IN WHOLE OR IN PART,
BY ANY DEFECT IN OR CONDITION OF THE SITE, AND WHETHER OR NOT SUCH
DEFECT OR CONDITION IS KNOWN OR SHOULD HAVE BEEN KNOWN TO THE CITY
OF LA PORTE, ITS MANAGER, OFFICIALS, SERVANTS, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSEES, INVITEES, OR CONTRACTORS, AND WHETHER
OR NOT SUCH CLAIMS ARISE FROM NEGLIGENCE ATTRIBUTABLE TO THE CITY OF
LA PORTE, ITS MANAGER, OFFICIALS, SERVANTS, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSEES, INVITEES, OR CONTRACTORS.
goa ure
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note Name
.Jir(f' 7;1r// hc;ke:J~
raS8
I(tJ9- ?1()'- SlJO
Telephone Number
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D,S {
"Exhibit B"
EXCAVATION AND REMOVAL AGREEMENT FOR
CITY OF LA PORTE
F216-00-00 LINEAR DETENTION
The Project is described by Plans prepared by Binkley and Barfield titled F216~OO-OO
Linear Detention consisting of 30 pages and modified by the scope of work described
below.
The scope of work shall be according to the following items listed on sheet 2 of 30 (unless
otherwise modified by Exhibit B) according to Harris County Flood Control District standard
specifications. 2005 Edition.
Item #
2120
2200
2233
2315
2315
2921
2361
2921
Debris and Trash Removal
Site Preparation and Restoration Include control of water
Clearing and Grubbing
Excavation and off-site disposal at least 200.000 cubic yards but not more than
240,000 cubic yards - unless increased by agreement with City
Excavation and Fill (on-site)
Turf Establishment - hydro seeding with mulch
Silt fence
Anchor sodding
Special Conditions
The Contractor further agrees to construct and install the following structures provided the
City of La Porte purchases the necessary materials.
2376 6n Reinforced Concrete Slope Paving
2376 8" Reinforced Concrete Slope Paving
2376 Concrete Interceptor Structure
2612 5.x3. Reinforced Concrete Box
2611 48n Reinforced Concrete Pipe
2462 24" CMP
2642 36" CMP
2642 42" CMP
2642 48n CMP
2642 Concrete Collar
2378 Granular Fill: Gravel to rip-rap Gradation No.2
2378 Riprap Gradation No.1
2379 Geotextile for Riprap
2364 In-channel filter dam
2921 Interceptor Structure and Inlet Protection
2632 Headwalls and Wingwalls for 48" RCP
2632 Headwalls and Wingwalls for 5. x 3. RCB
Item 2921: Turf establishment notice
Turf establishment shall be completed per the contractor's sequence of work submitted to
and approved by the City.
Item 2315: Excavation and off-site disposal
Contractor is hereby notified that the City has ordinances relating to the depositing of fill
material within the corporate limits of the City. NO MATERIAL EXCAVATED FROM THE
SITE MAY BE DEPOSITED IN LA PORTE WITHOUT PRIOR WRITTEN APPROVAL OF
THE CITY. The one exception to this notice is a site established and approved by TxDOT
and its Prime Contractor for the State Highway 146 project.
Miscellaneous
Haul routes are to be approved by City. Preparation of construction entry and exit points to
the site shall be approved by the City and considered incidental to the Agreement.
Payment for the described work will be a lump sum amount as noted in Section 1 of the
agreement and not according to quantity.
Contractor's sequence of work shall be submitted to and approved by the City.
Section XIII, of the Agreement references U.S. Army Corps of Engineers (ACOE)
regulations. If a permit from the ACOE is not received prior to Cil}' issuing a 'Notice to
Proceed', then the City and Contractor will re-negotiate the scope of work defined by the
plans and by Exhibit B.
TIMELlNE OF EVENTS F-216 TIMELlNE OF EVENTS LAKES OF FAIRMONT GREENS
February 2001: F216 study and report completed.
November 24, 2008: Army Corps of Engineers permit application filed for F216 detention.
May 26,2009: BSP inquired with City about any excavation projects, as he was seeking fill. City began
looking at F216 site.
July 22, 2009: HCFCD provides info on nominal cost procurement, reviewed by City Attorney.
July 22, 2009: City issued a letter of concerns regarding excavation at LFG site.
July 27, 2009: City Council workshop regarding F216 excavation procurement. Directed to move forward
with nominal cost procurement system used by HCFCD.
August 5, 2009: City issues right of entry for soil samples.
August 11, 2009: Excavation and Removal Agreement executed.
August 17, 2009: Jim Larson requested change in lot coverage requirements for marketability. (City
passed ordinance 4-26-10)
August 18, 2009: Corp wetland verification resulted in additional review time.
August 26, 2009: City advised LFG fence still missing caps, not tied down, panels not complete. (Permit
issued 7-24-08)
October 1, 2009: Staff provided map of burn permit areas, haul routing logistics and proposed
sequencing of operations given that Corp permit review was extended. BSP still able to excavate outside
of streambed.
October 6, 2009: City issues notice to proceed with conditions.
October 20,2009: City receives BSP proposed timeline estimating completion by 10-22-10.
October 21, 2009: Practical project commencement following TxDOT preconstruction meeting. (BSP
became subcontractor providing fill for SH146)
October 25,2009: City surveyed and marked limits of project for BSP.
October 27,2009: Burn permit issued.
November 24,2009: City Manager reports continued concerns regarding BSP ability to complete LFG
Section 1 requirements before excavation is allowed to commence on future master plan area.
January 19, 2010: significant excavation progressing made, met with BSP to discuss Corp permit status.
April 16, 2010: BSP went over existing approved LFG detention plans with staff.
April 282010: City receives first draft of engineer plans, unsealed, devoid of storm water management.
May 3, 2010: Notification sent to BSP ordering removal of intentional blockage of storm sewer into F216
May 11, 2010: City sends memorandum of agreement explaining terms and deficiencies still noted.
May 24, 2010: BSP advised that liquid limits failed to meet TxDOT specifications, excavation halted.
July 20, 2010: Final A.C.E. permit approved.
July 26, 2010: City advised BPS to commence removal of areas under Corps jurisdiction.
August 10, 2010: BPS claims city authorized structural quantities to bid by BSP instead of City.
August 16, 2010: BSP advised that they are keeping project on hold until they find another source of
material.
Date unknown: BSP begins excavation without authorization, notice or permits.
September 13, 2010: Neighborhood complaint, torn up roadway/driveway @ S. 14th several months ago,
BSP unresponsive.
September 21, 2010: Quantities generated for structural work.
September 22,2010: Due date for plan submittal in order to authorize excavation passes but plans were
not turned in.
September 24, 2010: LFG Section 1, working without irrigation permit. Obtained 9-27-10.
October 4, 2010: City stressed the need to have approved plans or suspend excavation.
October 8, 2010: After city notifies BSP that they are being shut down, City receives sealed engineered
plans. BSP authorized to perform per plans.
October 25, 2010: City mapped cross section of actual excavation (well outside of authorized
boundaries)
October 27,2010: Activity suspended. Concurrently BSP announces liquid limits are too high. They are
ceasing operations.
November 5, 2010: BSP made request to continue until he receives payment from TxDOT on November
20. At such time BSP claimed to be able to fund the remaining LFG Section 1 improvements. No activity
in LFG resulted.
December 7,2010: BSP asked to resume excavation. Staff denied any activity until BSP put their
commitment in writing.
January 3, 2011: Staff was advised that requested letter of commitment will not be forthcoming.
January 21,2011 Staff requested meeting with BSP. Family emergency and computer problems of BSP
prohibited meeting.
At this time F216 remains incomplete. LFG fence remains incomplete, LFG excavation area is full of
water and unable to drain per plans.
1 /, ~ -J ~,
"""''',''''''~''.'''' .r. ,
CURRENT AREA OF EXCAVATION
Legend
C PROJECT BOUNDARY (PHASE 1)
F216 (LCB) CENTERLINE
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 14.2011
Budl!et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance #3290
Budgeted Item: YES NO
Exhibits: Master List of Shippinl! Container Cases
Exhibits
SUMMARY & RECOMMENDATION
Following several workshops and public hearings by both the Planning and Zoning Commission and City Council,
Council passed Ordinance #3290 on October 11,2010. The ordinance authorized the use of shipping containers, as
an accessory structure, in certain zones and was effective October 26,2010. A copy of the ordinance is included for
your convenience.
Staff has a list offifty (50) locations that are affected by these regulations. In some cases containers are being
utilized as an "accessory building" while at other locations, containers are being "stored" on property not
appropriately zoned for that use.
The list is continually updated to reflect abatement, staff action and the addition of new locations. The list included
with this report is current as of the agenda packet preparation date (January 28th) but staff will continue working the
cases on a daily basis.
We continued with our customary policy of trying to meet individuals one-on-one or to visit by telephone to ensure
they have a clear understanding ofthe regulations and the options available to them. They are being provided a
thirty (30) day courtesy period to allow for compliance and are advised that at the end of the courtesy period, anyone
in non-compliance will receive a finallO-day notice. Failure to comply with that notification will result in the
issuance of a municipal court citation. Should court become necessary, staff will remain involved until completion
of the court process.
Action Reauired bv Council:
Receive staff report
.L Ls /t I
Date
ORDINANCE NO.
3ZQO
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
QRDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN
GENERAL", SECTION 106~1, "DEFINITIONS", ARTICLE V, "SUPPLEMENTARY
DISTRICT REGULATIONS'\ DMSION 2, "ACCESSORY BUILDINGS, USES, AND
EQUIPMENT'\ AND SECTION 106-751, " SHIPPING CONTAINERS", TO ALLOW
THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN
ZONING DISTlCTS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TIDS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000);
PROVIDING FOR TIlE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Sedion 1: That Chapter 106, '2oning", Article I, "In General", Section 106-1, "Definitions",
is hereby amended to add the following term, which shall be added to said section in proper
alphabetical sequence:
(
"Shipping container means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, and which may be used in intrastate,
interstate and international commerce for the shipment of goods and merchandise, or for storage
purposes. ..
Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations",
Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, "Shipping
Containers", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
'~Sec. 106-751. SbiPP,ing containers.
a. Shipping coptainers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R~2, and R-3). (Ord.No. 1501-H, ~ 7,3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removed from the site.)
b. Shipping containers may be used as an accessory structure in LL) GC) Br & !-I zoning
districts. Shipping containers utilized as an accessory building/structure shall be subject to the
following provisions and shall comply with all applicable permit conditions:
1. It shall comply with ail yard setbacks.
2. No larger than 350 square feet and no more than one container may be located at site. In
case of Light Industrial (LI) and Business Industrial (Bl) zoning districts, 1 container per
3 acres and maximum of 3 containers per site shall be pennitted.
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked.
5. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
6. All sidings shall be covered with hardy plank, or other material approved by the
Director. The doors may remain uncovered.
7. The building may be placed on the ground without a foundation provided that
building is anchored to the ground per standard building codes.
8. Structure shall be architecturally and aesthetically complimentary with the primary
building,
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit, shipping container shall be
enclosed within a building or required components shall be attached to the frame of
the container.
11. Maintenance of all items required herein is the sole responsibility ofthe owner,
12. Failure to comply with these provisions will cause removal of the container from the
property at the owner's expense.
c. The owners of shipping containers utilized as mobile supply tool/material supply storage
units are allowed to stage a maximum of up to two units at their operating business location
provided that the units are screened from public view and from right-of-way subject to
requirements of Section 106-444 (a) (b) ofthis chapter."
.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided., however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, iUegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
2
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fme not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially fmds. determines. recites and declares that a sufficient
written notice oftbe 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 requit'ed 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 7. 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the-LL day of mh.e-.y-
,2010.
(
By:
ATIEST:
~~~secreWy
APPR~.
-kr ~'T ~
CI T. Askins, Assistant City Attorney
3
MASTER LIST OF SHIPPING CONTAINER CASES
(01/28/11 Update)
Wallex:
Existing cases on Containers used as '~ccessorv Buildim!":
1) 117 S. 6th Street (1) Greenlee MSD Abated 04/2010
2) 111 N. Broadway (1) Follis MSD Abated 01/2011
3) 310 S. Broadway (1) 1 st B . GC 30-day Re-Ck is 02/20th
aptIst
4) 507 E. Main (1) Stroud GC 30-day Re-Ck is 02/11 th
5) 501 S. 8th Street (3) Hamilton GC 30-day Re-Ck is 02/11th
6) 210 W. Polk (1) New Jerusalem R-l 30-days Ended; 10-day
Cert. Ur. Mailed 01/2ih
7) 3814 Dolphin (1) Stafford R-l Court Case
8) 907 W. Main (1) Embroidery MSO 30-day Re-Ck is 02/28th
9) 201 Bay Forest Dr. (2) Golf Course PUD 30-day Re-Ck is 02/28th
10) 201 W. Barbours Cut (2) Lion King BI 30-day Re-Ck is 02/28th
11) 225 S. 16th Street (2) Cat Spec GC
12) 111 S. 1 ih Street (1) Ceres LI
13) 225 S. 17th Street (3) STS Tanks LI
14) 101 Underwood Rd. (@3) Baker LI
15) 1812 W. D Street (2) Anderson LI Abated 01/2011
16) 11807 N. D Street (6) JV Industries GC Jan. 31 st Mtg. Scheduled
17) 1300 W. Adams (3) Jackson LI 30-day Re-Ck is 02/28th
Shipping Containers - Master List Con't....
Page 2
Existing cases on Containers that are a "zoning issue":
IS) 312 W. Barbours Cut
Crenshaw
LI
30-day Re-Ck is 02/2Sth
19) 520 W. Barbours Cut
Angel
LI
Letter Rt'd.
20) 0 Barbours Cut (Blk. 7 A)
Angel
LI
Letter Rt' d.
21) 402 W. Barbours Cut
Angel
LI
Abated 01/2011
22) W. Barbours Cut (Tr. B)
Angel
LI
Abated 01/2011
Tammy:
ExistinJ! cases on Containers used as "Accessorv Buildinfl":
23) 60SN.14th(1) Belle LI Abated 12/2010
24) 614 N. 14th (1) Belle LI Authorized by Bldg Permit
25) 127 N. ISth Street (1) LP Feed LI Abated 12/2010
26) 10210 N. P Street (1) Rodeo Arena LL 30-day Re-Ck is 02/2Sth
27) 1500 W. Barbours Cut (4) V. Fire LI 30-day Re-Ck is 02/25th
2S) 123 S. 16th Street (4) Dynasty GC
29) 326 S. 16th Street BDS LI Abated 01/2011
30) 420 S. 16th Street (3) Ameri-Tek LI 30-day Re-Ck is 02/2Sth
31) 517 S. 16th Street (1) Emlo LI 30-day Re-Ck is 02/2Sth
32) 601 S.16thStreet(l) Inter-Coastal LI 30-day Re-Ck is 02/2Sth
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Februarv 14.2011
Budl!et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Ordinance #3290
Budgeted Item: YES NO
Exhibits: Master List of Shippinl! Container Cases
Exhibits
SUMMARY & RECOMMENDATION
Following several workshops and public hearings by both the Planning and Zoning Commission and City Council,
Council passed Ordinance #3290 on October 11,2010. The ordinance authorized the use of shipping containers, as
an accessory structure, in certain zones and was effective October 26,2010. A copy of the ordinance is included for
your convenience.
Staff has a list offifty (50) locations that are affected by these regulations. In some cases containers are being
utilized as an "accessory building" while at other locations, containers are being "stored" on property not
appropriately zoned for that use.
The list is continually updated to reflect abatement, staff action and the addition of new locations. The list included
with this report is current as of the agenda packet preparation date (January 28th) but staff will continue working the
cases on a daily basis.
We continued with our customary policy of trying to meet individuals one-on-one or to visit by telephone to ensure
they have a clear understanding ofthe regulations and the options available to them. They are being provided a
thirty (30) day courtesy period to allow for compliance and are advised that at the end of the courtesy period, anyone
in non-compliance will receive a finallO-day notice. Failure to comply with that notification will result in the
issuance of a municipal court citation. Should court become necessary, staff will remain involved until completion
of the court process.
Action Reauired bv Council:
Receive staff report
.L Ls /t I
Date
ORDINANCE NO.
3ZQO
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
QRDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN
GENERAL", SECTION 106~1, "DEFINITIONS", ARTICLE V, "SUPPLEMENTARY
DISTRICT REGULATIONS'\ DMSION 2, "ACCESSORY BUILDINGS, USES, AND
EQUIPMENT'\ AND SECTION 106-751, " SHIPPING CONTAINERS", TO ALLOW
THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN
ZONING DISTlCTS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF TIDS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000);
PROVIDING FOR TIlE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Sedion 1: That Chapter 106, '2oning", Article I, "In General", Section 106-1, "Definitions",
is hereby amended to add the following term, which shall be added to said section in proper
alphabetical sequence:
(
"Shipping container means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, and which may be used in intrastate,
interstate and international commerce for the shipment of goods and merchandise, or for storage
purposes. ..
Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations",
Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, "Shipping
Containers", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
'~Sec. 106-751. SbiPP,ing containers.
a. Shipping coptainers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R~2, and R-3). (Ord.No. 1501-H, ~ 7,3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removed from the site.)
b. Shipping containers may be used as an accessory structure in LL) GC) Br & !-I zoning
districts. Shipping containers utilized as an accessory building/structure shall be subject to the
following provisions and shall comply with all applicable permit conditions:
1. It shall comply with ail yard setbacks.
2. No larger than 350 square feet and no more than one container may be located at site. In
case of Light Industrial (LI) and Business Industrial (Bl) zoning districts, 1 container per
3 acres and maximum of 3 containers per site shall be pennitted.
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked.
5. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
6. All sidings shall be covered with hardy plank, or other material approved by the
Director. The doors may remain uncovered.
7. The building may be placed on the ground without a foundation provided that
building is anchored to the ground per standard building codes.
8. Structure shall be architecturally and aesthetically complimentary with the primary
building,
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit, shipping container shall be
enclosed within a building or required components shall be attached to the frame of
the container.
11. Maintenance of all items required herein is the sole responsibility ofthe owner,
12. Failure to comply with these provisions will cause removal of the container from the
property at the owner's expense.
c. The owners of shipping containers utilized as mobile supply tool/material supply storage
units are allowed to stage a maximum of up to two units at their operating business location
provided that the units are screened from public view and from right-of-way subject to
requirements of Section 106-444 (a) (b) ofthis chapter."
.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided., however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: Should any section or part of this ordinance be held unconstitutional, iUegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
2
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fme not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. The City Council officially fmds. determines. recites and declares that a sufficient
written notice oftbe 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 requit'ed 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 7. 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the-LL day of mh.e-.y-
,2010.
(
By:
ATIEST:
~~~secreWy
APPR~.
-kr ~'T ~
CI T. Askins, Assistant City Attorney
3
MASTER LIST OF SHIPPING CONTAINER CASES
(01/28/11 Update)
Wallex:
Existing cases on Containers used as '~ccessorv Buildim!":
1) 117 S. 6th Street (1) Greenlee MSD Abated 04/2010
2) 111 N. Broadway (1) Follis MSD Abated 01/2011
3) 310 S. Broadway (1) 1 st B . GC 30-day Re-Ck is 02/20th
aptIst
4) 507 E. Main (1) Stroud GC 30-day Re-Ck is 02/11 th
5) 501 S. 8th Street (3) Hamilton GC 30-day Re-Ck is 02/11th
6) 210 W. Polk (1) New Jerusalem R-l 30-days Ended; 10-day
Cert. Ur. Mailed 01/2ih
7) 3814 Dolphin (1) Stafford R-l Court Case
8) 907 W. Main (1) Embroidery MSO 30-day Re-Ck is 02/28th
9) 201 Bay Forest Dr. (2) Golf Course PUD 30-day Re-Ck is 02/28th
10) 201 W. Barbours Cut (2) Lion King BI 30-day Re-Ck is 02/28th
11) 225 S. 16th Street (2) Cat Spec GC
12) 111 S. 1 ih Street (1) Ceres LI
13) 225 S. 17th Street (3) STS Tanks LI
14) 101 Underwood Rd. (@3) Baker LI
15) 1812 W. D Street (2) Anderson LI Abated 01/2011
16) 11807 N. D Street (6) JV Industries GC Jan. 31 st Mtg. Scheduled
17) 1300 W. Adams (3) Jackson LI 30-day Re-Ck is 02/28th
Shipping Containers - Master List Con't....
Page 2
Existing cases on Containers that are a "zoning issue":
IS) 312 W. Barbours Cut
Crenshaw
LI
30-day Re-Ck is 02/2Sth
19) 520 W. Barbours Cut
Angel
LI
Letter Rt'd.
20) 0 Barbours Cut (Blk. 7 A)
Angel
LI
Letter Rt' d.
21) 402 W. Barbours Cut
Angel
LI
Abated 01/2011
22) W. Barbours Cut (Tr. B)
Angel
LI
Abated 01/2011
Tammy:
ExistinJ! cases on Containers used as "Accessorv Buildinfl":
23) 60SN.14th(1) Belle LI Abated 12/2010
24) 614 N. 14th (1) Belle LI Authorized by Bldg Permit
25) 127 N. ISth Street (1) LP Feed LI Abated 12/2010
26) 10210 N. P Street (1) Rodeo Arena LL 30-day Re-Ck is 02/2Sth
27) 1500 W. Barbours Cut (4) V. Fire LI 30-day Re-Ck is 02/25th
2S) 123 S. 16th Street (4) Dynasty GC
29) 326 S. 16th Street BDS LI Abated 01/2011
30) 420 S. 16th Street (3) Ameri-Tek LI 30-day Re-Ck is 02/2Sth
31) 517 S. 16th Street (1) Emlo LI 30-day Re-Ck is 02/2Sth
32) 601 S.16thStreet(l) Inter-Coastal LI 30-day Re-Ck is 02/2Sth
Shipping Containers - Master List Con't. . ..
Page 3
33) 1606 S. 16th Street (3) Bayou City LI Feb. 1 st Mtg Scheduled
34) 111 N. 16th Street (2) Analytic Stress LI
35) 201 N. 16th Street (6) Gulf States LI
36) 202 N. 16th Street Dam1 Const. LI Abated 0112011
37) 401 N. 16th Street (4) Anthony Crane LI
38) 626 N. 16th Street Colt Services LI Abated 01/2011
39) 631 N. 16th Street (1) Master Tech LI
40) 801 N. 16th Street (4) Chern Lime LI
41) 201 N. 1 ih Street Henderson LI Abated 01/2011
42) 201 N. 18th Street Harbor Lite LI Abated 01/2011
43) 1220 W. Tyler (7) Oakland Land LI
44) 1320 W. Tyler (3) Cook LI Abated 0112011
45) 1700 N. E Street Eagle LI Abated 01-2011
46) 1500 W. G Street Bethal LI Abated 01-2011
47) 12030 N. L Street (1) Steele LI
48) 12036 N. L Street (1) Chandler LI
Shipping Containers - Master List Con't. . ..
Page 3
33) 1606 S. 16th Street (3) Bayou City LI Feb. 1 st Mtg Scheduled
34) 111 N. 16th Street (2) Analytic Stress LI
35) 201 N. 16th Street (6) Gulf States LI
36) 202 N. 16th Street Dam1 Const. LI Abated 0112011
37) 401 N. 16th Street (4) Anthony Crane LI
38) 626 N. 16th Street Colt Services LI Abated 01/2011
39) 631 N. 16th Street (1) Master Tech LI
40) 801 N. 16th Street (4) Chern Lime LI
41) 201 N. 1 ih Street Henderson LI Abated 01/2011
42) 201 N. 18th Street Harbor Lite LI Abated 01/2011
43) 1220 W. Tyler (7) Oakland Land LI
44) 1320 W. Tyler (3) Cook LI Abated 0112011
45) 1700 N. E Street Eagle LI Abated 01-2011
46) 1500 W. G Street Bethal LI Abated 01-2011
47) 12030 N. L Street (1) Steele LI
48) 12036 N. L Street (1) Chandler LI
Shipping Containers - Master List Con't....
Page 4
Existing cases on Containers that are a "zonim! issue":
49)
50)
3008 N. 23rd St. (2 Stacked) Phoenix
1803 Sens Rd. (@30)
J. E. Merit
LI
BI
MASTER LIST OF SHIPPING CONTAINER CASES
(02/14/11 Update)
Wallex:
Existinv cases on Containers used as ffAccessory Building":
1) 117 S. 6th Street (1) Greenlee MSD Abated 04/2010
2) III N. Broadway (1) Follis MSD Abated 01/2011
3) 310 S. Broadway (1) 1 It Baptist GC 30-day Re-Ck is 02/20th
4) 507 E. Main (1) Stroud GC 30-day Ended; IO-day Cert
Ltr Mailed
5) 501 S. 8th Street (3) Hamilton GC 30-day Ended; IO-day Cert
Ltr Mailed
6) 210 W. Polk (1) New Jerusalem R-I 30-days & IO-day Cert
Ended; Court
7) 3814 Dolphin (1) Stafford R-I Court Case; Abated 02/2011
8) 907 W. Main (1) Embroidery MSO Abated 02/2011
9) 201 Bay Forest Dr. (2) Golf Course PUD 30-day Re-Ck is 02/28th
10) 201 W. Barbours Cut (2) Lion King BI 30-day Re-Ck is 02/28th
11) 225 S. 16th Street (2) Cat Spec GC 3D-day Re-Ck is 03/06th (TN)
12) III S. 17th Street (1) Ceres LI Abated 02/2011
13) 225 S. It>>- Street (3) STS Tanks LI 30-day Re-Ck is 03/06th (TN)
14) 10 1 Underwood Rd. (@3) Sunbelt LI 30-day Re-Ck is 03/11 th
15) 1812 W. D Street (2) Anderson LI Abated 01/2011
16) 11807 N. D Street (6) N Industries GC 30-day Re-Ck is 03/0200
Shipping Containers - Master List Con't....
Page 2
17) 1300 W. Adams (3)
Jackson
LI
30-day Re-Ck is 02/2Sth
Existing cases on Containers that are a "zoninr isslle":
IS) 312 W. Barbours Cut Crenshaw LI 30-day Re-Ck is 02/2Sth
19) 520 W. Barbours Cut Crenshaw LI 30-day Re-Ck is 02/2Sth
20) o Barbours Cut (Blk. 7 A) Crenshaw LI 30-day Re-Ck is 02/2Sth
21) 402 W. Barbours Cut Angel LI Abated 01/2011
22) W. Barbours Cut (Tr. B) Angel LI Abated 01/2011
Tammy:
Existing cases on Containers used as "Accessory Building":
23) 60S N. 14th (1) Belle LI Abated 12/2010
24) 614 N. 14th (1) Belle LI Authorized by Bldg Permit
25) 127 N. ISth Street (1) LPFeed LI Abated 12/2010
26) 10210 N. P Street (1) Rodeo Arena LL 30-day Re-Ck is 02/2Sth
27) 1500 W. Barbours Cut (4) V. Fire LI 30-day Re-Ck is 02/25th
2S) 123 S. 16th Street (4) Dynasty GC 30-day Re-Ck is 03/05th
29) 326 S. 16th Street BDS LI Abated 01/2011
30) 420 S. 16th Street (3) Ameri-Tek LI 30-day Re-Ck is 02/2Sth
31) 517 S. 16th Street (1) Emlo LI 30-day Re-Ck is 02/2Sth
Shipping Containers - Master List Con't....
Page 3
32) 601 S. 16th Street (1) Inter-Coastal LI 30-day Re-Ck is 02/28th
33) 1606 S. 16th Street (3) Bayou City LI 30-day Re-Ck is 03/03rd
34) 111 N. 16th Street (2) Analytic Stress BI 30-day Re-Ck is 03/03rd
35) 201 N. 16th Street (6) Gulf States LI 30-day Re-Ck is 03/03rd
36) 202 N. 16th Street Daml Const. LI Abated 01/2011
37) 401 N. 16th Street (4) Anthony Crane LI 30-day Re-Ck is 03/05th
38) 626 N. 16th Street Colt Services LI Abated 01/2011
39) 631 N. 16th Street (1) Master Tech LI 30-day Re-Ck is 03/06th
40) 801 N. 16th Street (4) Chem Lime LI 30-day Re-Ck is 03/06th
41) 201 N. 17th Street Henderson LI Abated 01/2011
42) 201 N. 18th Street Harbor Lite LI Abated 01/2011
43) 1220 W. Tyler (7) Pala LI 30-day Re-Ck is 03/l1th
44) 1320 W. Tyler (3) Cook LI Abated 01/2011
45) 1700 N. E Street Eagle LI Abated 01-2011
46) 1500 W. G Street Bethal LI Abated 01-2011
47) 12030 N. L Street (1) Steele LI 30-day Re-Ck is 03/05th
48) 12036 N. L Street (1) Chandler LI 30-day Re-Ck is 03/05th
Shipping Containers - Master List Con't. . . .
Existing cases on Containers that are a "zonin, issue":
49) 3008 N. 23rd St. (2 Stacked) Phoenix
LI
1801
50) .J8(B. Sens Rd. (@30)
J. E. Merit BIILI
Page 4
30-day Re-Ck is 03/051h
30-day Re-Ck is 03/111h
17
CITY COUNCIL DRAINAGE REPORT
February 14,2011
Contract Design and Construction (Klotz)
. Design of Sheet Flow Relief Structure Improvements to Creekmont Fairmont
Park West, Brookglen and Fairmont Park East. Redesign in progress to provide
for all piped system. Consultant to provide options for staff review prior to
proceeding with plan production. A letter was sent to affected residents to update
them on the project.
. Brookglen Detention. Final plans have been revised and submitted to HCFCD to
drain low points of adjacent streets as well as sheet flowing into pond.
. Fairmont Park East - Fleetwood Drive. Contractor (Angel Bros.) is in progress
with approximately 35% complete. Public works continues to work with
consultant and contractor to address Traffic Control issues as they arise.
In-House Design and Construction of City-initiated Projects.
. South La Porte Bay Outfalls. Oakhurst - Agency review by TDRA underway.
The environmental review returns are not expected until March 1, 2011.
. F-216 Regional Detention Proiect. Clearing of F-216 regional detention is
approximately 60% complete. Corps of Engineers permit is approved. Contractor
has been asked to provide an updated schedule to evaluate alternatives if needed.
A City Council Workshop has been scheduled for February 14th to address
contractor performance and evaluate alternatives.
. City- Wide De-silting of Maior Channels - Bids for the five de-silts and
Brookglen Pond #One were opened January 18, 2011. Staff recommends award
of Contract to Paskey, Inc. in the amount of $691, 281.19. Bid award is on the
agenda for award.
. Coordination with Harris County Flood Control District. Staff will be presenting
a pared-down list of projects for HCFCD consideration. Those that will provide
the greatest benefit for the cost will be selected from the comprehensive long-term
list presented in November. This list will be considered by the Drainage and
Flooding Committee tentatively scheduled for February 28, 2011 at 5:00 P.M...
. Battleview area. Staff met with HCFCD regarding flowing through their detention
pond for the secondary channel. Received favorable response. Staff working on
securing easements. Two of four easements have been secured.
. East Main. Civil Tech is underway with impact analysis. Kick off meeting held
1229-10. Consultant expects to complete scope of work by mid February.
In-House Drainage Maintenance Activities.
. North Shady Lane. Survey and design is complete to provide sheet flow in lieu of
underground drainage into the A-104-10 channel. Public Works currently
evaluating possible water interconnect prior to proceeding with project.
. Sunrise and Broadway. Plans are substantially complete. Licensing Agreement
with the Port of Houston and letters of no objection from Pipelines need to be
finalized prior to bidding scheduled for late March 2011.
. In-Fill Drainage Maintenance. Cleaned ditches in various areas of the city.
Completed drainage maintenance of Spenwick area. Crews have moved to
Lomax and the North side and expects to complete these areas by March 2011.
. South 8th Street. Project is substantially complete.
. North and South 16th Streets. Revised proposal from Freese and Nichols for
design was executed December 30, 2010. Work is in progress and should be
completed within 90 calendar days.
Meeting Handout
700 East 11th Street
Austin, TX 78701
(512) 478-2541
(512) 474-6494 fax
www.tmta.com
February 14,2011
Mr. Michael Ogden, P.E.
C/O Chad Burke
908 West Main Street
La Porte, Texas 77571
RE: Heavy Haul Corridor Research Report
Dear Mr. Ogden:
Texas Motor Transportation Association (TMTA) is a trade association which represents more than 1000
motor carriers. All of these motor carriers, located throughout the state, are subject to stringent safety
requirements and to the appropriate permitting laws by which overweight or over-dimensional loads must
adhere.
Having recently reviewed your Heavy Haul Corridor Research Report dated January 10,2011, we are
concerned that the study and its conclusions serve only a very small constituency. While its purpose is
clearly intended for the trucking industry, it lacks input from the experts in the field of motor
transportation or the Texas Department of Public Safety for that matter; two very large constituencies
being directly impacted. In addition, references to research by our national affiliate, the American
Trucking Associations (AT A), are generalized to suit your purpose.
From the perspective of the motor carrier and the industries responsible for the safety of the motoring
public, TMT A cannot support these conclusions. Furthermore, the association has significant concerns
with many of the assumptions made regarding the safety of the motoring public, not to mention the men,
women and equipment that make up the motor carrieI' industry and the supposition that federal dollars
will cover the costs to retrofit effected bridges or overpasses.
Therefore, TMT A respectfully urges the subcomm ittee to reevaluate its recommendations and engage the
stakeholders that will truly be impacted by any legislation that may result.
Respectfully submitted,
~ L~
G,n ~arza
President and CEO
~~
cc; The Honorable Mike Jackson
The Honorable Ken Legler
The Honorable Wayne Smith
Colonel Steve McCraw, Texas Department of Public Safety
Major David Palmer, Texas Department of Public Safety
Mr. Amadeo Saenz, Texas Department of Transportation
Mr. Ed Serna, Texas Department of Motor Vehicles
S Gulf Winds
The International Logistics Specialists
RESPONSE
TO
HEAVY HAUL CORRIDOR RESEARCH REpORT
La Porte City Council Meeting - February 14,2011
Mayor and Council Members, in preparation for our discussion Monday evening, February 14
and, in response to the report that was provided to you by the Economic Alliance, this paper
will address the Alliance's proposal, but in much more detail than we will have time to present
Monday evening. I look forward to meeting each of you and appreciate the opportunity to
provide, what I believe, will be overwhelming evidence and testimony that the Heavy Haul
Corridor (HHC) as proposed by the Alliance is overstated and unnecessary.
First of all, the Alliance report is very short on actual empirical data and long on anecdotal
conclusions. Broad statements that refer to the creation of thousands of jobs, the loss of business
to the port if we are not competitive with other ports, and removing trucks from the highways,
etc. are simply not supported by factual data, but assumptions.
Houston is a robust and growing port. Despite claims that we are losing or will lose business to
other states that have heavier load limits, the Port of Houston, up until the global shipping
recession in 2009, was setting double digit container volume records year after year. Even in
2009, in the midst of a major worldwide shipping recession, the port actually gained in cargo
volume vs. other major ports such as LA/LB, NY INJ, Charleston, Savannah and others who were
losing up to 40% in cargo volume. The port rebounded even stronger in 2010 with 7% container
growth, again in all cargo categories including refrigerated cargo. Ports are very unique in their
character, operation and market. Cargo flows to a particular port based on location and market
demand. The steamship lines in turn respond to that demand by providing appropriate levels of
service. It does not matter what Savannah or other ports do. Cargo that needs to move via
Houston will move via Houston. It's not going to go to another port because the cost of
transporting it back to where it needed to go in the first place is simply too high. The market will
always find a solution if there is a demand in that marketplace for the product(s). The Port of
Houston earns its revenue, in large part, from the container lines based on container thru put, i.e.,
the more boxes that move via the container terminals, the more revenue they earn. That is one
reason why they have never been proponents of heavy container legislation. It goes against their
economic interests.
Companies located along the proposed HHC route have been operating there, in many cases for
years. NOCS has been operating off 225 for almost as long as I can remember. Preferred
Freezer is a major global cold storage vendor with operations all over the world. They located
411 Brisbane Houston, Texas 77061 >> 713.747.4909 tel >> 713.747.5330fax >> www.gwii.com
off 225 because they had market data and customer demand that gave them the confidence to
invest there. Developers built spec warehouses along 146 and 225 because their market research
indicated a need. If heavy weight was that critical of an issue, they would never have located
there. The petro-chemical companies continue to prosper because they are in a high market
demand area for their products regardless of weight limits. Weare home to the largest petro-
chemical industry in the US. These companies are not going to go anywhere. This is where their
market and production facilities are located and their products will continue to move via the Port
of Houston regardless of weight limits.
We have an established robust port infrastructure that presently transloads hundreds and
thousands of containers at Barbour's Cut and Bayport container terminals providing jobs to
hundreds of well paid workers.... most of whom live and spend their money in the community.
Gulf Winds payroll alone at Barbour's Cut and Bayport in 2010 was over $8 million and our
property tax bill was just under $600,000. That does not include the inventory tax paid by our
customers. Add in the other port related companies such as Ceres, Ports America, etc. and it
amounts to an incredible economic engine for the local port communities, most of all, La Porte.
Aside from the positive economic impact, port companies are keeping over weight trucks OFF
the communities' roads that are travelled by thousands of motorists every day. The HHC would
result in an increase in overweight trucks, not less as the Alliance claims. You cannot have it
both ways by claiming you are going to reduce trucks, but at the same time increase business to
companies along the proposed HHC route. There would be a net increase in heavy trucks on the
proposed corridor.
There is no logical comparison to the existing overweight corridors in Texas to the HHC being
proposed along Hwy 146 and 225. The Chambers County Corridor is an industry specific area
with little to no motorist interaction that was developed strictly for Cedar Crossing. That
development has failed to develop other than the presence of Home Depot and Wal-Mart, neither
of which ship overweight containers. The Brownsville Corridor is again specific to a short haul
for the benefit of overweight containers moving across the Mexican border to the Port of
Brownsville for loading to short/sea barge operators or trans load to domestic vans for legal
weight delivery. The Corpus Christi Corridor is a private port road with no motorist interaction.
The proposed HHC here will put additional overweight containers and trucks onto heavily
traveled roadways used by thousands of motorist each and every day. You simply cannot make a
comparison that Hwy 146 and 225 somehow are the same as the corridors that already exist.
Additionally, please consider the following factors that have great bearing on this discussion:
· Study after study shows that large, overweight vehicles are dangerous for a whole
variety of reasons. Please refer to the attachment "Large Truck Dangers" for a
comprehensive industry report that was prepared by Advocates for Highway and Auto
Safety. The report speaks for itself. However, as someone who has been in the container
shipping industry for almost 40 years, I can attest due to experience on both the shipping
and trucking side of the industry that heavy containers are simply more dangerous. There
is a huge difference between a tractor trailer rig at 80,000 Ibs. vs. one at 100,000 Ibs.
2
Which one do you want on your bumper as you travel down 146 or 225? The proposed
legislation mandates the requirement of a 6th axle. That is all well and good, except who
is going to provide that chassis? The container carriers have gotten out of the chassis
business and moving most of their customers to "'PORT" bills of lading. They are
handing responsibility of chassis management and maintenance to third party,
independent providers who in turn lease the equipment to the truckers. So, the shipping
lines are not going to provide tri-axle equipment nor will the pool operators. The
majority of intermodal truckers DO NOT have that equipment and it's too expensive to
purchase or lease for most of the truckers. There is no effective enforcement mechanism
in place to monitor this. The fact is, these containers will be picked up at the port on a
regular steamship line chassis that has usually seen its better days and exit the ports gates
unexamined. The ports exit gates are automated. There is no inspection process. The
TXDoT enforcement units are undermanned and under budget. It's only a matter of luck
if they spot one of these after it leaves the port. By that time, it's too late.
. Another factor that enters into this is the direction the container shipping industry is
moving which is AGAINST overweight containers. I have attached several documents
from the lines and industry associations that attest to this. Please see "'CMA CGM
Vendor letter Weight Guidelines". This is one of the leading container shipping lines and
the only one that calls the Port of Houston direct from Asia. You will see that they have
established US wide maximum weight guidelines for all their equipment. These
guidelines keep the total gross weight limit to under 80,000 lbs. and, in compliance with
all US bridge laws. Also, please refer to the attachment titled "'Container Shipping Line
document". This company asked that its name be withheld due to the political nature of
this issue, but this is an internal email sent to me by an executive that sums up their
position on overweight containers. They are one of the top three container lines that call
the Port of Houston, and as is clearly stated, they are not in favor of heavy containers and,
plan to initiate an additional charge on heavy containers. Maersk is also opposed to
overweight containers and are on record in opposition via their membership in the West
Gulf Maritime Association (WGMA). Maersk also testified against overweight
containers before the Transportation Committee in Austin in 2005, the last time
overweight legislation was introduced. Finally, please note the attachment titled
"'Shipping Lines Seek Mandatory Container Weighing". This article cites the World
Shipping Council and International Chamber of Shipping (to which all the container lines
belong) concern that overweight boxes have been repeatedly cited as safety hazards.
· Like the Port of Houston, the container lines earn their revenue based on "'box" or
"'container" rates. Therefore, heavier containers are problematic for them as it reduces
the number of containers they can carry on their vessels. It can also impact their ability
to serve some ports due to the draft of the vessel. This is clearly an ongoing long-term
problem for the Port of Houston due to the constant silting up of the Houston Ship
Channel.
· The HHC proposal claims that revenue derived from the permitting process will enable
the state, county and cities to maintain and repair the roads that will be damaged by the
overweight loads. We do know from experience that overweight vehicles do severe
3
damage over time to roadways and bridges. Unfortunately, the reality is that there will be
no revenue sharing and the whole permitting process is under review by TXDoT. Please
refer to the attachment titled "TxDot Sunset Report, Issue 7, Recommendations 7.1, page
52" which proposes 4 key changes to the permitting process. None of these will result in
a solution for permitting heavy containers and, in fact, one recommendation is that ALL
permitting revenues will be deposited to the State Highway Trust Fund. There will be no
revenue sharing and the taxpayers will be left to cover the cost of repairs and
maintenance. The state has a major budget short fall already and the Highway Trust
Fund is broke as well. Again, there is no effective enforcement means to monitor trucks
with or without the required permits. TXDoT enforcement units simply do not have the
manpower to check all the trucks leaving the port. As is the case today with current
TXDoT overweight permitting, many companies will simply ignore the process and take
their chances as the odds of being caught are minimal. Again, this confirms the
effectiveness of the current port/labor infrastructure that keeps these trucks off the
roadways to begin with.
· In addition to the shipping lines opposition to overweight containers, the truckers that
handle these boxes are also opposed to overweight containers. The Texas Motor
Transportation Association (TMT A) Intermodal Group has voted to oppose the HHC
proposal. Unlike our colleagues in the American Trucking Association which is
comprised of over the road domestic carriers, TMT A Intermodal carriers are dedicated to
hauling the steamship line containers to/from the port and have always opposed
overweight containers for safety reasons. There is a big difference in Domestic Over the
Road Trailers and Tractors vs. the Intermodal variety which is what the proposed
legislation is about. Intermodal carriers are made up primarily of owner/operators who
drive older generation tractors (10 - 20 years of age). These tractors are typically at the
end of their life cycle with problematic maintenance upkeep. This combined with
shipping line containers that are also well-worn and moving on even more problematic
steamship chassis equipment makes increasing gross load factors to 100,000 lbs. a very
dangerous precedent. A case can be made for doing this with state of the art Domestic
Equipment with the right trailer and power units, but that is not what is being proposed
here. However, many of the upper tier intermodal carrier owners have invested heavily
in state of the art light weight tractors and chassis equipment, that, combined with
existing TXDoT Heavy Weight Permits allows for upwards of between 90,000 lbs. to
92,000 lbs. gross. This does not get you to 100,000 lbs., but it does give you a significant
increase in cargo load factor. So, between the availability of light weight equipment and
our current port/labor infrastructure transload capacity, commercial solutions are
available to accommodate overweight containers without putting more of them into the
local communities.
· The final attachment titled "House Transportation Committee Interim Charges" refers to
a study done by the House Transportation Committee on Overweight Trucks. This report
is over 100 pages so I have not included the actual report. For sake of brevity, I have
only included an email that I received from the TMT A office in Austin that sums up the
recommendation from the Transportation Committee to the 82 legislature to keep the
current weight limit at 80,000 lbs. using no more than 5 axles. Representative Wayne
4
Smith serves on the Transportation Committee. He endorsed and signed the
recommendation.
. Additionally, TXDoT and DPS have made it very clear that if this proposal actually
becomes a bill, they will oppose it on both safety and budgetary grounds. With the
budget crisis in Austin, transportation is far down the list of priorities and the bill would
most likely never get out of committee.
At the end of the day, the HHC proposal is really about a very small group that is seeking costly
and time consuming legislation to remedy their individual situations where existing commercial
solutions are readily available. The Port of Houston is not losing business due to the need for
increased weight limits. The ports own cargo statistics year after year simply do not support this
claim. None other than Chairman Jim Edmonds has told me himself that the port does NOT
support this HHC proposal. Additionally, please see the attachment titled "HHC doc" which is
further clarification from Ricky Kunz on the Ports position. If the port was concerned, they
would be front and center on this issue and they, not an alternate third party, would be using their
considerable influence in Austin to remedy the situation.
We respectively ask that if you agree with our assessment, that you issue a resolution opposing
the HHC.
Thank you again for your time and attention.
Regards,
Steve Stewart
President
Gulf Winds International, Inc.
Phone: (713) 747-4909
Fax: (713) 747-5330
WWW.gwll.com
5
FACT SHEET
THE DANGERS OF LARGE TRUCKS
********************************************************************************
LARGE TRUCK CRASH FACTS
. 4,808 people were killed in crashes involving large trucks in 2007, representing about 12-
13 percent of all traffic fatalities. Of these, 78 percent were occupants of another vehicle,
15 percent were large truck occupants, and 9 percent were non-occupants. An additional
106,000 people were reported injured in those crashes (based on data published in Traffic
Safety Facts 2007 - Final Edition, National Highway Traffic Safety Administration
(NHTSA), 2008).
. The annual death toll from truck-related crashes is the equivalent of 52 major airline
crashes every year, one crash every week resulting in 95 deaths.
. Large trucks are 9 percent of all vehicles involved in fatal crashes and represent about 12-
13 percent of all crash fatalities despite the fact that large trucks make up only 3 percent
of all registered vehicles (Insurance Institute for Highway Safety (IIHS), 2001-2008;
NHTSA, 2001-2008).
. The fatality rate for big combination truck (tractor-trailer) crashes in 2007 was 2.12 deaths
per 100 million vehicle miles traveled (MVMT), more than double the rate for passenger
cars at 1.02 fatalities per 100 MVMT (NHTSA 2008, Federal Motor Carrier Safety
Administration (FMCSA) 2008).
. Even more startling is the extraordinarily high fatality rate for large trucks for every 100,000
registered vehicles. In 2007, the rate of involvement for large truck in fatal crashes was
more than 3 times the rate for passenger cars (NHTSA 2008).
. About 3 times as many large trucks are involved in injury crashes than passenger vehicle
per 100 MVMT (FMCSA 2007).
. Passenger vehicle occupants die in record numbers in collisions with large trucks because
of the great difference in weight between cars and large trucks. In two-vehicle crashes
involving passenger vehicles and large trucks, 97 percent of the fatalities were occupants of
the passenger vehicle. More than lout of every 5 occupant deaths in passenger vehicles that
had multi-vehicle fatal collisions in 2002 was the result of crashes involving large trucks
(IIHS 2007).
. There is no real progress being made in dramatically reducing deaths produced by large
truck crashes. Fatalities from large truck crashes have remained flat or have increased over
the past several years. In 2007, 4,808 people died in large truck crashes, about the same
number as in 2002 (4,939 fatalities). NHTSA 2008.
. Large truck crashes are seriously underreported to the federal government's motor carrier
safety agency. The FMCSA's Motor Carrier Management Information System (MCMIS)
Prepared by Advocates for Highway and Auto Safety
April 1, 2009
ATTACHMENT 1
crash file receives reports on only 3 of every 4 truck crashes based on the National
Governors' Association (NCA) crash reporting system. FMCSA also is missing 2 of every 3
towaway crashes in its data base for heavy trucks greater than 26,000 pounds gross vehicle
weight rating. Some states do not submit all NGA reporting system crashes (FMCSA 2004).
In addition, the criteria for reporting a serious large truck crash automatically eliminate many
crashes from having to be reported.
. Big trucks are also regularly operated with safety defects. In both 2007 and 2008, more
than one of every five trucks that were inspected was placed out of service for deficiencies
that prevented it from continuing to operate (FMCSA 2008, Commercial Vehicle Safety
Alliance (CVSA) 2008). The recent Large Truck Crash Causation Study released by FMCSA
found that 29 percent of the trucks studied had brakes out of adjustment (FMCSA 2006).
. The large number of truck-related deaths and injuries imposes an enormous personal and
financial burden on Americans. The costs to society of large truck crashes each year are
$41.5 billion (Zaloshnja and Miller 2007). The Zaloshnja and Miller study found that the
highest truck crash costs are imposed by multi-trailer combination trucks such as Longer
Combination Vehicles (LCVs).
WHY FREEZE TRUCK SIZE AND WEIGHT?
By any measure, large trucks are dramatically overrepresented in severe and fatal crashes. Also,
despite representing only a very small percentage of vehicles on our streets and highways - about 3
percent -- big, heavy trucks are the major cause of road and bridge damage, and they are energy
inefficient.
. There are More Trucks and Bigger, Heavier Trucks Than Ever Before. Between 1982 and
2002, there was a 42 percent increase in registered large trucks and the mileage they have
driven has doubled. Truck vehicle-miles-traveled has continued to increase at an
accelerating rate (FHW A Highway Statistics 2007; FMCSA 2008). Increases in truck sizes
and weights over more than 35 years has never, ever resulted in fewer larger, heavier
trucks on U.S. roads. It has been repeatedly proven that every time truck weights are
increased, more bigger, heavier trucks are operated shortly after the increases are granted by
both states and the federal government. (Truck Inventory and Use Survey; Vehicle
Inventory and Use Survey, U.S. Bureau ofthe Census).
. Trucks Keep Getting Bigger. Trailer lengths for combination vehicles (tractor-trailers) have
continued to grow over the past few decades, moving from an industry standard of 40 feet in
the 1960s, to 48 feet in the 1970s, to 53 feet in the late 1980s. Some states even allow 57-
and 59-foot trailers. (FHW A 2007). Recent testimony by the American Trucking
Associations (AT A) in April 2008 has sought Congressional approval of much bigger and
heavier trucks and federal pre-emption of states that refuse to accept longer trailers (AT A
April 16, 2008). However, the U.S. DOT is on record as opposing state increases in truck
sizes and weights (Western Uniformity Scenario Analysis, 2004). The AT A has nevertheless
construed this study to endorse bigger, heavier trucks (AT A Testimony, April 16,2008).
Prepared by Advocates for Highway and Auto Safety
April 1, 2009
. Bigger Trucks Jeopardize Safety. The chances of a big truck crash resulting in deaths and
serious injuries increase with each extra ton of weight over the 80,000 pound gross vehicle
weight (GYW) limit in federal law. These federal weight limits are used by many states as
the upper limit on truck weight on state roads built to lower design and safety standards. A
big truck weighing even a legal 80,000 pounds is 50 to 100 percent more likely to be
involved in a fatal crash than a truck weighing about 50,000 to 65,000 pounds. (University
of Michigan Transportation Research Institute (UMTRI) 1988; FHW A 1997).
. Bigger Trucks Require More Stopping Time and Distance. A 100,000 pound truck takes
25 percent longer to stop than an 80,000 pound truck. A 120,000 pound truck can travel as
much as 50 percent further before stopping than an 80,000 pound truck, especially if these
heavy trucks have unadjusted brakes. Truck inspections often find up to one-third of all
trucks with out-of-adjustment brakes. Federal standards require passenger cars to stop in 215
feet, but big tractor-trailers are required to stop in only 355 feet (UMTRI, 1983; IIHS 2003;
National Academy of Sciences (NAS) 1990; NHTSA 2004; CYSA 2000).
. Big, Heavy Trucks are the Major Source of Highway and Bridge Damage. The
Congressionally-mandated report Transportationfor Tomorrow found that U.S. highways
and bridges are "buckling" under levels of demand unforeseen by engineers who designed
them, and that heavy trucks do not pay their fair share for highway and bridge deterioration.
(Transportation for Tomorrow, 2007). Increasing truck gross weight radically reduces
bridge service life. If a bridge is 50 years old and has a calculated service life of 70 years,
increasing the stress placed on the bridge by raising truck gross weight from 80,000 to
88,000 pounds reduces remaining service life from 20 years to only 2.5 years. (NCHRP
2003 Report). Many thousands of U.S. bridges are being overstressed because they are
posted for higher truck weights than they should safely carry and even those unrealistic
limits are often violated. (NCHRP 2003, 2007 Reports).
. U.S. Roads and Bridges Are Crumbling and the Backlog Grows. The U.S. Has a National
infrastructure Grade of "D." The American Society of Civil Engineers (ASCE)
Infrastructure Scorecard, updated for 2009, states that the overall condition and service of
America's road and bridge infrastructure is D. (American Society of Civil Engineers
National Infrastructure Report Card (ASCE) Report Card 2009). ASCE found that the U.S.
needs $1.6 trillion over the next 5 years to bring the nation's infrastructure up to good
condition. (ASCE Report Card 2006). Thirty-three percent of America's major roads are in
poor or mediocre condition, and 26 percent of America's bridges are obsolete. (The Road
Information Program 2006 (TRIP
. Highway Bridge Damage is the Single Most Expensive Infrastructure Cost of Allowing
Larger, Heavier Trucks. Major studies done through the National Academy of Sciences
show that extra-heavy trucks are the major cause of bridge deterioration and reduced
service life. (NCHRP 2003, 2005 Reports). Even small increases in truck gross weight
cause dramatic increases in bridge fatigue damage. For example, increasing the weight of a
heavy truck by only 10 percent increases damage by 33 percent. (NCHRP 2003, 2007
Reports).
Prepared by Advocates for Highway and Auto Safety
April 1, 2009
. The U.S. Has Run Out of Money for the Nation's Bridges. According to the U.S.
Department of Transportation (DOT), most states substantially underestimate bridge
improvement needs and costs. U.S. DOT also found that the extra safety margin built into
Interstate bridges years ago has essentially vanished because of the growth in the weights
and number of overweight trucks. (Western Uniformity Scenario Analysis, U.S. DOT, April
2004). ASCE estimates that the U.S. needs $850 billion alone to repair and upgrade the
nation's bridges. (ASCE Report Card 2009). The U.S. is underfunding bridges by 40
percent of what is needed. (Transportation for Tomorrow).
. Highway Pavement Throughout the U.S. Is Being Destroyed at an Increasing Rate by
Extra-Heavy Trucks. A single 18,000-pound truck axle inflicts as much damage as 9,600
passenger motor vehicles on the same pavement. (American Association of State Highway
and Officials (AASHO) Road Test, 1962). Even very small increases in axle weights
dramatically increase pavement damage rates. Increasing a 20,000-pound single axle to only
22,000 pounds increases pavement damage by 50 percent. A 20,000-pound single truck
axle consumes 1,000 times more pavement life than a 2,000-pound single axle on a mid-
sized passenger motor vehicle. (North Carolina DOT 2005; Arizona DOT 2002; FHW A
1997,2000; NCHRP Reports 2003,2005; South Dakota DOT,
http://www.sddot.com.docs/SDDOT_Truck_Briefing_2d.pdf).
. Big Trucks Don't Pay Their Fair Sharefor Highway Use and Destruction. Studies
conclusively and consistently show that U.S. motorists and taxpayers have always subsidized
big, heavy trucks. The Transportation for Tomorrow Report confirmed earlier FHW A
studies that heavy trucks were underpaying their fair share for highway use, that user fee
fairness could be achieved through weight-distance taxes, that heavy trucks should pay an
infrastructure damage fee, and that the Heavy Vehicle Use Tax - which only contributes $1
billion annually to the Highway Trust Fund - had not been changed since the early 1980s
and should be amended and indexed retroactively to 1997. (Transportation for Tomorrow
Report; FHW A Highway Cost Allocation Study, 1997,2000.) Although the HVUT was
raised to $] ,900 in 1982 federal legislation, trucking industry lobbying successfully reduced
the fee to only $550 two years later in a legislative amendment to federal law. Currently, a
] OO,OOO-pound truck, such as an overweight tractor-semi-trailer or LCV, only pays about 40
percent of its cost responsibility for highway use. (Government Accountability Office
(GAO) Report, January 2008). The states could virtually eliminate damage caused by
overweight trucks if they would adopt lower weight limits on all federally assisted highways
and bridges. (GAO Report, July] 979).
. Large, Overweight Trucks Waste Fuel Heavy trucks are highly energy-inefficient users of
diesel fuel. Trucking uses 12 times the energy of rail to transport freight on a per-ton basis.
And rail freight transportation is being underutilized: 88 percent of primary rail corridors are
operating under capacity and more freight could be shifted from truck to rail.
(Transportation for Tomorrow Report.) U.S. DOT also found that a 5- or 6-axle semi-trailer
combination truck weighing 100,000 pounds rather than 80,000 pounds suffered a
Prepared by Advocates for Highway and Auto Safety
April I, 2009
10.4 percent reduction in diesel fuel mileage. Heavier trucks do not increase trucking
productivity - U.S. DOT determined that increasing gross truck weight contributes little to
overall freight transportation productivity. (Western Uniformity Scenario Analysis, U.S.
DOT, 2004).
. Allowing Bigger Trucks Will Increase Diesel Fuel Consumption. A recent report released
by the American Transportation Research Institute (A TRI), an arm of the American
Trucking Associations, entitled Energy and Emissions Impacts of Operating Higher
Productivity Vehicles - Update: 2008 (A TRI Report), is seriously flawed, especially its
claims that heavier trucks are more fuel-efficient. The study has not been peer-reviewed by
an impartial group of researchers, and it has not been reviewed by FHW A. Some of the
trucks tested for the A TRI Report at higher weights burned much more fuel and had poorer
fuel economy. The A TRI Report admits that heavier gross weights will require larger
engines that will decrease fuel economy on a miles-per-gallon basis. This will require more,
heavier trucks to burn more dieselfuel than ever before. (A TRI Report). Major facts
impacting the A TRI Report were just ignored, including the high percentage of trucks
operating with empty backhauls, or only partially laden, such as Less Than Truckload (L TL)
operations that often haul lower weight loads or access terminals after dropping one trailer.
Many trucks operating at higher gross weights will operate empty or partially empty much of
the time. The percentage of partially empty trucks is based on very limited data, and ranges
from ] 5 percent up to 58 percent for combination trucks. FHW A estimates that up to 29
percent of heavy trucks operate completely empty. Logging trucks, for example, operate
empty 44 percent of the time. Some twin-trailer rigs operate empty 40-44 percent of the
time. (F AF Freight Traffic Analysis: Chap. 3 - Development of Payload Equivalency
Factor, FHW A, July 27,2007.) These and other concerns offset any claims of improved
fuel use, especially from the operation of much bigger diesel engines needed to haul extra-
heavy gross weights.
. The American Public Strongly Opposes Allowing Bigger and Heavier Trucks. Public
opinion polls consistently show that the public is opposed to bigger and heavier trucks on our
nation's roads and bridges. A March, 2008 a public opinion poll by Lake Research Partners,
a well-respected and well-known polling firm, found that a large majority ofthe American
public opposes relaxing truck safety standards and allowing bigger and heavier trucks on our
roads and highways. Sixty six percent of Americans oppose Congress changing the current
law to allow increased truck weights and 82% feel that double and triple trailer trucks are
less safe and more dangerous than trucks pulling a single trailer. I
Allowing Bigger, Heavier Trucks Is a Giant Step Backwards for Safety, Infrastructure Protection,
Fuel Use and Balanced Transportation Policy
Prepared by Advocates for Highway and Auto Safety
April ], 2009
/~
CMACGM
..,/
January 7, 2011
To: CMA CGM (America) LLC Trucking Service Providers
Fm: CMA CGM (America) LLC Procurement Department
As we enter 2011 we would like to review the weight guidelines established for
CMA CGM (America) LLC in the United States (tariff guidelines below).
. For containers above the below cargo weight CMA CGM (America) LLC will pay
for the appropriate permits and/or special equipment necessary to insure
compliance with Federal and State Laws.
. It is incumbent upon the motor carrier to insure tractor weights are taken into
consideration as well as 5th wheel settings and where slider chassis are used that
the appropriate axel position is utilized.
. Should an axle fine be incurred the truck provider must supply the necessary
documents (scale weights, ticket - with amount of the fine, etc) for
reimbursement. Email of the incident must be sent the same day with all
documentation sent to the Dispatch Contact at CMA CGM (America) LLC within
one business day.
Equipment Max Pounds
With Slider
20'DV 41.447
20' RF(nose mount) 35.053
With Triaxle
20'DV 44.533
20' RF (nose mount) 38.360
40' DV 44.313
40' HC 44.092
45' 41 .838
40' RF(nose mount) 39.242
40' HC RF (nose mount) 38.801
If there are any questions, please feel free to reach out to John Edwards at
757-761-2285 or Tracy Johnson at 757-961-2350.
ATTACHMENT 2
From:
Sent: Tuesday, November 16, 2010 9:49 AM
To: Steve Stewart
Subject: RE: Port Revenue
Most of our client base on the exports is port/port. Ship channel depth restrictions will continue to limit
the size of ships entering. Most companies face DWT limitations in both HOU and MSY given the age and
design of ships calling today. We're not interested in heavier loads, although we do get them on imports
and occasionally on exports. We are typically restricting and or charging more for these loads. From a
safety perspective, we're not going to let import loads out of the gate unless they can meet bridge law.
A TT ACHMENT 3
Shipping Groups Seek Mandatory Container
Weighing
Joseph Bonney I Dee 1, 2010 8:58PM GMT
The Journal of Commerce Online - Nev1ls Story
" Container Lines
.. Import/Export
.. portslTerminals
" Container Shippinq
1$ Maritim~
. United States
WSC, ICS cited overweight containers as safety hazard
The World Shipping Council and International Chamber of Shipping are calling for international
regulations to require al! loaded containers to be weighed at the marine terminal before they are stowed
aboard a vessel for export
The Washington-based WSC, which represents container lines, and the Paris-based ICS, which
represents shipowners of all kinds, said they will ask the International Maritime Organization's safety
committee to consider such a rule at its next meeting in May
Overweight boxes have been repeatedly cited as a safety hazard The Maritime Research Institute of the
Netherlands recently recommended mandatory weighing, The recommendation came after a
government-industry study of cargo securing, including collapsing container stacks
.By The Numbers: US, Monthlv Container Trade,
No data exist to indicate how many boxes are overloaded or have misdeclared weights, but "the problem
is Significant and arises in almost every trade to some extent In some geographic trade lanes, the
problem is common and, at times, rampant," the WSC and ISC said in a joint statement
Ship lines report that it's not uncommon for actual cargo weight aboard ship to be 3 to 7 percent more
than declared weight, the organizations said, The WSC-ICS proposal would require actual container
weights at the loading port to be made available to the vessel operator for use in stowage planning. The
proposed rules would not apply to empty boxes.
The shipping organizations said overweight boxes 'can and do present a risk to industry workers, to
ships, to equipment, to operational reliability, to shippers of inaccurately declared shipments, to higher
operating costs, to road safety problems, to higher liability claims and to higher administrative costs.'
A TT ACHMENT 4
Industry efforts to restrict overloading have been ineffective, the WSC and ICS said. That's partly for
competitive reasons - carriers find it difficult to unilaterally enforce weight limits when shippers can shop
for carriers. terminals or ports that don't enforce weight limits or don't have the appropriate scales.
in the U.S. the labor Department's Occupational Safety and Health Administration requires loaded
containers to be weighed before they're loaded aboard ship but there are no similar requirements for
boxes arriving from overseas
vehicles.1 An additional seven research projects, including determining the
impact of oversize and overweight vehicles on buried utilities and mapping
oversize and overweight vehicle routes, remain in progress.2
To ensure this research will continue and include consideration of different
approaches to regulation as specified by the Sunset Commission, this
recommendation continues to be appropriate to help limit damage and
preserve Texas roads and bridges caused by oversize and overweight vehicles.
Recommendation
Change in Statute
7.1 Require TxDOT to review and report on improving the regulation of oversize
and overweight vehicles.
Under this recommendation, TxDOT would be required to continue to work to evaluate the impacts
and improve the regulation of oversize and overweight vehicles, including the consideration of the
following:
. prohibiting overweight vehicles from using Texas highways if the loads cannot be engineered to
prevent damage to the road(s) or bridge(s) based upon the weight specifications for which the roads
and bridges were built;
. requiring an applicant for an overweight permit to pay a graduated highway maintenance fee based
on the overweight amount that is commensurate with the damage done to roads and bridges;
. requiring all fees collected by the State from oversize and overweight permits to be deposited to the
State Highway Fund; and
. eliminating all exemptions for overweight vehicles and requiring an overweight permit and fee in
an amount commensurate to the amount of damage done to the roads and bridges by the permitted
vehicle.
Information regarding the feasibility and impacts of different approaches to regulating oversize and
overweight vehicles would help future consideration of ways to reduce damage to roads and bridges and
provide increased funding for maintenance costs.
Fiscal Implication Summary
This recommendation would not result in a fiscal impact to the State.
Texas Transportation Institute, Seal Coot Damage Evaluation Due to SuperheavJ Load MoveJ BOJed on 0 Mechanistic-Empirical Approach,
by Jeong Ho Oh and Andrew J Wimsatt, report no. 0-5270-1 (College Station, Texas, December 2009). Online. Available: tti.tamu.edu/
documentslO-S270-1.pdf. Accessed: October 26, 2010.
2 Amadeo Saenz, Executive Director, Texas Department of Transportation, Rural Transportation Needs, written testimony to the Joint
Hearing of the House Committees on Transportation and Agriculture and Livestock (Austin, Texas, April 28, 2010), p. 15.
52
Texas Department of Transport::ltinn
Issue 7
Sunset Staff Report
November 2010
A TT ACHMENT 5
Recommendations
The House Committee on Transportation recommends the 82nd Legislature to:
1. Keep the current weight limit at 80,000 pounds and using no more than five axles.
2. Continue studying ways to improve the effectiveness of freight rail for agriculture
producers and shippers to increase the lifespan of county roads
Les Findeisen
Director of Policy
Texas Motor Transportation Association
700 E. 11th Street
Austin, TX 78701
512/478-2541
ATTACHMENT 6
From: Ricky Kunz [mailto:rkunz@poha.com]
Sent: Thursday, February 10, 2011 8:38 AM
To: Steve Stewart; John Moseley
Cc: Spencer Chambers
Subject: RE: HHC
Steve
PHA remains neutral on this issue and we will not take a position. No one is authorized to speak on our
behalf at any meeting regarding HHC. The Economic Alliance has been informed accordingly.
Regards,
Ricky
ATTACHMENT 7