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HomeMy WebLinkAbout03-14-11 Regular Meeting and Workshop Meeting of La Porte City Council minutes B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Appropriation Requested By: Kathy Powell Source of Funds: Department: Finance Account Number: Report: _ Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Industrial District Agreement Budgeted Item: (YES) NO Exhibits: SUMMARY & RECOMMENDATION The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period. The current agreements will expire on December 31, 2019, the common date for the Battleground and Bayport Industrial Districts. Battleground Oil Specialty Terminal Company, LLC has requested to execute an Industrial District agreement with the City of La Porte for a portion of the land which is being split out of NRG Texas Power LLC — S.R. Berton which is covered under Ordinance 2007 - IDA -52. Staff recommends City Council authorize the execution of Industrial District Agreement with Battleground Oil Specialty Terminal Company, LLC. • Ordinance No. 2007 -IDA -123 Battleground Oil Specialty Terminal Company, LLC Action Required by Council: Consider approval of the ordinance 2007 - IDA -123 authorizing the execution by the City of La Porte of Industrial District Agreement listed above. A I i r, ,T or Ci C ji cil A enda 411 3774 Ron Bottoms, City Manager Date ORDINANCE NO. 2007- IDA- 123A3 3 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BATTLEGROUND OIL SPECIALTY TERMINAL COMPANY, A TEXAS LIMITED LIABILITY COMPANY FOR THE TERM COMMENCING JANUARY 1, 2008, 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 HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Battleground Oil Specialty Terminal Company, a Texas Limited Liability Company has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, 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. 1 PASSED and APPROVED, this 14th day of March 2011. CITY • • ORTE IL Lo igby, M. ATTEST: itak_ Patrice Fogarty, Ci fSecre fry APPROVED: Clark Askins, Assistant City Attorney 2 NO. 2007-IDA- 1... STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corapration or Harris County, Texas, hereinafter called "CITY", and L \l c i ‘ e (b .Specic,t COnqaCWIl ILLC , a lixas Lithi4-eciLie4b;14asftpil , her nafter called "COMPANY", W ITNESSET H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100 wide -and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and /or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu's 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. A. The properties upon which the "in lieu of taxes are assessed are more .fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing in lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). C. Company and City agree that the following percentages ("Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 62W Value Year 2009: 62W Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62W Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 63 Value Year 2017: 63% Value Year 2018: 63% Value Year 2019: 63W Company agrees to pay to City an amount of in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of: 3 1, Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty-five percent (251), if construction is completed in Value years 2008 through 2013; and Twenty percent (201), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least 93,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. Iv. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agree e to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving Ci.ty's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the tetm hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. vIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. Ix. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company : 11 4 1 11)(sMC claor(cob MPANY) e- ^ Attention: g LGA &OM -Reyolmieete. (p70 bcoack&xv 014t, .3100 Defisiele C6 icratto, 8 Z Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: 9 Plant Manager Name: 67 iSS Or Address 1 Phone: li.v7$-a.c.oi Fax: 35 504- 145 I Email : y 5 : 5str 12,mc • Tax Agent/Billing Contact Name: ( 113.0 -- A - N cq Address: - RAleart. / , OL.N.Erton • 7O5 ip Phone: /15-375-v9cl Fax: U2-5c:04-4,4115t Email: (6.S504 ENTERED INTO effective the 1st day of January, 2008. \ie N ( - i.aJ C0.09 z-La (COMPANY) By: Name: LA1/2(2,, 6yskson Title: Exeu.rtiqe_ \I1,n+ Address: It. sicr) - )erweAr. CAA4A arLoz. r)EST: CIT" 4 diU Po'TE fortrue:e.4toqoAti B Agil Ai City Secretagy Ills Rill APPROVED. = 9 (014 BY: Knox W. Askins B ottoms City Attorney City Manager City of La Porte P.O. Box 1218 CITY OF LA PORTE La Porte, TX 77572-1218 604 West Fairmont Parkway 281.471.1886 La Porte, TX 77571 281.471.2047 fax knoxaskinsOcomcast.net 10 STATE OF diitMgC2V ' Dunv COUNTY OF HANRIS ' This instrument was acknowledged be - e me on the '2 day of f,rv.,r 20 t k by �r� 3. C.�rt ✓t '.� t - of r : 6 ` =N•,' f sa • en p i ty . amposAy � c u '# ( f / r .., .4„ . 41111P ..�: NOTARY ; f t Nota , Public, qp e of •.-• : i Co C {�� PUBLA I t 9 • .. , • ..' .: My Commission Expires 12/11/2014 t OF apt. STATE OF TEXAS ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the �`7 day of 20//, by Louis Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of 11 g�id ent ' . otary Pub ir?Sta1Ye of Texas 'r'i PATRICE FOGARTY w' Notary Public. Stets of Te ° i` 1 My Commission Ep e y � 11 "EXHIBIT A" (Metes and Bounds Description of Land) See Ce14 6°12 12 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement TRACT 1 (106.10 ACRES±) BEGINNING at a 5/8" iron rod with Gullett & Associates (G &A) plastic cap set in the Northeasterly right - of -way line of Miller Cut -Off Road (60' wide), said "POINT OF BEGINNING" being North 38 °06'54" West, a distance of 1275.69 feet, along said Northeasterly right -of -way line, from a 5/8" iron rod with cap found at the Southwest corner of said residue of a called 462.852 acre tract, said Southwest corner being a West corner of an ExxonMobil called 42.0877 acre tract as recorded in File Number C347984, H.C.O.P.R.R.P., said "POINT OF BEGINNING" having coordinates N= 13,830,654.62, E= 3,215,555.58; THENCE, along the Northeasterly right -of -way line of Miller Cut -Off Road, North 38 °06'54" West, a distance of 184.92 feet to a 5/8" iron rod with G &A plastic cap set for corner; THENCE, North 87 °40'31" East, a distance of 257.76 feet to a 5/8" iron rod with G &A plastic cap set for corner; THENCE, along a line 80 feet East of and parallel to the centerline of a power transmission line, North 00 °19'29" East, a distance of 267.30 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 200 feet Northwesterly of and parallel to a Centerpoint Energy 111.478 acre easement, as recorded in File Number W048258, H.C.O.P.R.R.P., said line also being 40' Southeasterly of and parallel to the centerline of an existing power transmission line, North 48°33'12" East, a distance of 1169.63 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 200 feet Northerly of and parallel to said Centerpoint Energy easement, said line also being 40' Southerly of and parallel to the centerline of an existing power transmission line, South 80 °00' 16" East, a distance of 1866.76 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 60 feet Easterly of and parallel to the centerline of an existing power transmission line, North 37 °58'55" East, a distance of 237.71 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, South 79°56'11" East, a distance of 478.25 feet to a 5/8" iron rod with "HL &P" cap found for corner; THENCE, North 21°38'17" East, a distance of 427.04 feet to a 6' chain link fence corner found for corner; THENCE, along an existing 6' chain link fence, North 18 °20'41" East, a distance of 77.44 feet to a 6' chain link fence corner found for corner; THENCE, along an existing 6' chain link fence and a projection thereof, South 85 °26'26" East, a distance of 124.92 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 10 feet East of and parallel to the East edge of the concrete footings for an above ground pipe rack, North 09 °59'42" East, a distance of 212.47 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, North 50 °28'08" East, a distance of 135.07 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 10 feet North of the North edge of an existing dirt & gravel road, South 81 °46'30" East, a distance of 203.20 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, North 45 °00'06" East, a distance of 93.88 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, South 81 °33'21" East, a distance of 265.11 feet to a 5/8" iron rod with G &A cap set for corner; Page 1 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement THENCE, North 31 °41'06" East, at 10.00 feet pass a 5/8" iron rod with G &A cap set for reference, and continuing for a total distance of 30.32 feet to a point on the existing shoreline of the NRG discharge canal; THENCE, along the meanders of the existing shoreline of the discharge canal and San Jacinto Bay, the following bearings and distances: South 50 °25'05" East, a distance of 145.58 feet to a point; South 15 °56'25" East, a distance of 102.89 feet to a point; South 06 °02'29" East, a distance of 71.55 feet to a point; South 20° 19'42" East, a distance of 101.93 feet to a point; South 46 °00'33" East, a distance of 130.79 feet to a point; South 73°25'10" East, a distance of 224.66 feet to a point; South 72 °36'26" East, a distance of 214.04 feet to a point; South 82 °26'53" East, a distance of 248.73 feet to a point; North 83°25'14" East, a distance of 56.03 feet to a point; North 79 °45'44" East, a distance of 43.55 feet to a point; North 72°35'16" East, a distance of 54.90 feet to a point; South 87 °26'46" East, a distance of 18.85 feet to a point; North 55 °42'02" East, a distance of 49.97 feet to a point; North 36 °42'26" East, a distance of 22.96 feet to a point; North 22 °26'59" East, a distance of 59.73 feet to a point; South 63°38'13" East, a distance of 78.68 feet to a point in an East line of the residue of said 462.852 acre tract, said East line being a West line of a said 42.0877 acre ExxonMobil tract; THENCE, along said East line and the West line of said 42.0877 acre tract, South 21 °09'09" West, a distance of 23.13 feet to a 5/8" iron rod with "Carter Burgess" plastic cap found for corner; THENCE, along an East line of said 462.852 acre tract and the West line of said 42.0877 acre tract, South 34 °22'58" West, a distance of 783.20 feet (call= South 34 °24'09" West, 783.43 feet) to a 5/8" iron rod with G &A cap set for corner, said corner being the most Easterly corner of a called 83.212 acre tract of land conveyed to TG Pipeline, L.P. as recorded in File Number Y690074, H.C.O.P.R.R.P.; THENCE, along a line of said 83.212 acre tract, North 30°32'13" West, a distance of 297.59 feet (call= 298.20 feet) to a 5/8" iron rod with "Carter Burgess" plastic cap found for corner; THENCE, along a line of said 83.212 acre tract, North 89 °59'39" West, a distance of 505.11 feet (call= West, 505.09 feet) to a 5/8" iron rod with "Carter Burgess" plastic cap found for corner; THENCE, along a line of said 83.212 acre tract, South 62°46'10" West, a distance of 284.87 feet (call= South 62 °48'24" West, 285.24 feet) to a bent 5/8" iron rod found for corner; Page 2 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement THENCE, along a line of said 83.212 acre tract, South 67 °46'25" West, a distance of 456.20 feet (call= South 67 °49'45" West, 456.07 feet) to a 5/8" iron rod found for corner; THENCE, along a line of said 83.212 acre tract, South 66 °30'59" West, a distance of 1175.13 feet (call= 1175.20 feet) to a 5/8" iron rod found for corner; THENCE, along a line of said 83.212 acre tract, South 87 °58'55" West, a distance of 549.28 feet (call = South 87 °59'28" West, 549.25 feet) to a 5/8" iron rod found for corner; THENCE, along a line of said 83.212 acre tract, North 08 °57'41" West, at 2.5 feet pass a found 5/8" iron rod, and continuing for a total distance of 63.52 feet (call= North 08 °58'30" West, 63.42 feet) to a 5/8" iron rod with "Carter Burgess" plastic cap found for corner; THENCE, along a line of said 83.212 acre tract, South 81 °01'30" West, a distance of 283.12 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, North 75°51'19" West, a distance of 78.86 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, along a line 10 feet North of and parallel to an existing TEPPCO pipeline, South 87 °40'31" West, a distance of 1958.34 feet to the POINT OF BEGINNING. TRACT 2 (46.68+ ACRES) BEGINNING at a 6' chain link fence corner and gatepost found on said 462.852 acre tract at the most Northeasterly corner of a called 9.536 acre tract conveyed to TG Pipeline, L.P. as recorded in File Number Y690074, H.C.O.P.R.R.P., said "POINT OF BEGINNING" having coordinates N= 13,833,206.83, E= 3,220,337.82; THENCE, North 39 °48'09" West, a distance of 28.48 feet to a 6' chain link fence corner and gatepost found for corner; THENCE, along a North deed line of said 462.852 acre tract, North 73 °07'52" West, at 20.00 feet pass a 5/8" iron rod with a Gullett & Associates (G &A) plastic cap set for reference, and continuing for a total distance of 46.33 feet to a point for corner; THENCE, along a North deed line of said 462.852 acre tract, North 79 °56'52" West, a distance of 12.00 feet to a point on the existing shoreline of the Buffalo Bayou /Houston Ship Channel waterway; THENCE, along the meanders of the shoreline of said Buffalo Bayou waterway and the Bertron discharge canal the following bearings and distances: North 46°18'29" East, a distance of 110.67 feet to a point; North 26 °34'02" East, a distance of 235.86 feet to a point; North 51°35'03" East, a distance of 1 1 1.00 feet to a point; North 42 °07'52" East, a distance of 101.25 feet to a point; North 58 °52'57" East, a distance of 101.35 feet to a point; North 79 °08'29" East, a distance of 112.63 feet to a point; Page 3 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement North 73 °07'02" East, a distance of 107.20 feet to a point; North 59°11'39" East, a distance of 302.08 feet to a point; North 76 °10'57" East, a distance of 220.21 feet to a point; North 81°42'43" East, a distance of 115.09 feet to a point; North 78 °07'08" East, a distance of 222.82 feet to a point; North 84°31'17" East, a distance of 118.97 feet to a point; South 84 °21'09" East, a distance of 138.60 feet to a point; South 81 °48'35" East, a distance of 144.49 feet to a point; South 78 °25'54" East, a distance of 198.16 feet to a point; North 47 °01'24' East, a distance of 43.98 feet to a point; North 67°55'16" East, a distance of 28.64 feet to a point; South 62 °47'37" East, a distance of 15.14 feet to a point; South 02 °47'29" East, a distance of 213.27 feet to a point; South 53 °39'39" West, a distance of 20.91 feet to a point; South 32°12'23" West, a distance of 138.84 feet to a point; South 19 °51'47" West, a distance of 39.59 feet to a point; South 35 °46'53" West, a distance of 54.78 feet to a point; South 58 °44'54" West, a distance of 227.62 feet to a point; South 39 °13'37" West, a distance of 25.21 feet to a point; South 49 °31'56" West, a distance of 67.26 feet to a point; South 37 °39'33" West, a distance of 32.83 feet to a point; South 50 °46'54" West, a distance of 41.78 feet to a point; South 58°16'04" West, a distance of 45.42 feet to a point; South 54 °28'25" West, a distance of 33.79 feet to a point; South 32°17'11" West, a distance of 14.71 feet to a point; South 85 °32'46" West, a distance of 25.29 feet to a point; North 38°40'17" West, a distance of 20.96 feet to a point; North 86 °10'47" West, a distance of 52.49 feet to a point; Page 4 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement South 61 °37'48" West, a distance of 100.69 feet to a point; South 41 °46'40" West, a distance of 101.68 feet to a point; South 47 °31'54" West, a distance of 98.38 feet to a point; South 06 °18'46" West, a distance of 37.47 feet to a point; South 23 °08'42" East, a distance of 17.98 feet to a point; South 05 °41'05" West, a distance of 65.18 feet to a point; South 60 °50' 15" West, a distance of 26.31 feet to a point; South 39 °54'24" West, a distance of 25.24 feet to a point; South 15 °08'49" West, a distance of 22.08 feet to a point; South 52°14'54" West, a distance of 22.52 feet to a point; South 73 °42'44" West, a distance of 16.99 feet to a point; North 89 °24'49" West, a distance of 25.41 feet to a point; South 62 °21'47" West, a distance of 101.63 feet to a point; South 67 °13'23" West, a distance of 53.11 feet to a point; South 43°51'19" West, a distance of 48.32 feet to a point; South 26 °07'26" West, a distance of 39.43 feet to a point; South 71°27'37" West, a distance of 70.71 feet to a point; South 77 °09'26" West, a distance of 109.43 feet to a point; South 45 °02'44" West, a distance of 180.98 feet to a point; South 62°17'29" West, a distance of 62.32 feet to a point; South 35 °40'25" West, a distance of 165.75 feet to a point; South 07 °58'31" West, a distance of 27.09 feet to a point; South 78 °39'40" West, a distance of 91.99 feet to a point; North 87 °23'08" West, a distance of 136.63 feet to a point; North 89 °38'44" West, a distance of 123.62 feet to a point; North 70 °02'51" West, a distance of 242.25 feet to a point; North 14 °46'22" West, a distance of 75.21 feet to a point; North 89 °31'21" West, a distance of 148.84 feet to a point; Page 5 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement THENCE, departing the shoreline of the Bertron plant discharge canal, North 10 °32'34" East, at 25.00 feet pass a 5/8" iron rod with "Gullett & Associates" (G &A) plastic cap set for reference, and continuing for a total distance of 318.99 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, North 53 °13'58" West, a distance of 54.59 feet to a 5/8" iron rod with G &A cap set for corner in an East line of the herein said 9.536 acre tract; THENCE, along said East line of said 9.536 acre tract, North 46 °00'58" East, a distance of 393.80 feet to the POINT OF BEGINNING; SAVE AND EXCEPT THE FOLLOWING:(6.092± ACRES) BEGINNING at a 6' chain Zink fence corner and gatepost found on a Southerly line of said 32.685 acre tract, said Southerly line being a Northerly line of a called 462.852 acre tract as recorded in File Number W048257, Film Code 555 -89 -2043, H.C.O.P.R.R.P.. said "POINT OF BEGINNING" being a corner of a called 9.536 acre tract conveyed to TG Pipeline, L.P. as recorded in File Number Y690074, H.C.O.P.R.R.P., said "POINT OF BEGINNING" having coordinates N= 13,833,228.71, E= 3,220,319.59; THENCE, along a North deed line of said 462.852 acre tract North 73 °07'52" West, at 20.00 feet pass a 5/8" iron rod with a Gullett & Associates (G &A) plastic cap set for reference, and continuing for a total distance of 46.33 feet to a point for corner; THENCE, along a North deed line of said 462.852 acre tract, North 79 °56'52" West, a distance of 12.00 feet to a point on the existing shoreline of the Buffalo Bayou /Houston Ship Channel waterway; THENCE, along the meanders of the existing shoreline of said Buffalo Bayou /Houston Ship Channel waterway the following bearings and distances: North 46°18'29" East, a distance of 110.67 feet to a point; North 26 °34'02" East, a distance of 235.86 feet to a point; North 51°35'03" East, a distance of 1 1 1.00 feet to a point; North 42 °07'52" East, a distance of 101.25 feet to a point; North 58 °52'57" East, a distance of 101.35 feet to a point; THENCE, North 79 °08'29" East, a distance of 46.1 1 feet to a point in an Easterly line of said 32.685 acre tract, said line being a line of a called 92.344 acre tract as recorded in File Number W048259, Film Code 555 -89 -2199, H.C.O.P.R.R.P.; THENCE, along a line of said 92.344 acre tract, said line being a line of said 32.685 and said 8.663 acre tracts, the following bearings and distances: South 59 °49'38" West, a distance of 82.58 feet to a point; South 17 °28'38" West, a distance of 86.09 feet to a point; South 68 °42'38" West, a distance of 80.39 feet to a point; South 04 °31'22" East, a distance of 166.78 feet to a point; South 50 °17'22" East, a distance of 45.09 feet to a point; South 01°18'22" East, a distance of 54.79 feet to a point; Page 6 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement South 36 °04'22" East, a distance of 153.68 feet to a point; South 39 °13'22" East, a distance of 140.58 feet to a point; North 62 °53'38" East, a distance of 36.00 feet to a point; North 26 °36'22" West, a distance of 181.78 feet to a point; North 46 °24'22" West, a distance of 85.99 feet to a point; North 69 °02'38" East, a distance of 53.79 feet to a point; South 73 °20'22" East, a distance of 114.99 feet to a point; South 39 °31'22" East, a distance of 131.99 feet to a point; South 32 °34'22" East, a distance of 314.56 feet to a point; South 53 °27'22" East, a distance of 112.49 feet to a point; South 63 °27'22" East, a distance of 93.31 feet to a point on the existing shoreline of San Jacinto Bay; THENCE, along the meanders of said shoreline; South 43°51'19" West, a distance of 10.87 feet to a point; South 26 °07'26" West, a distance of 39.43 feet to a point; South 71 °27'37" West, a distance of 70.71 feet to a point; South 77 °09'26" West, a distance of 90.52 feet to a point on a Northerly line of said 462.852 acre tract, said line being a Southerly line of said 8.663 acre tract; THENCE, along a line of said 462.852 acre tract, said line being a line of said 8.663 and said 32.685 acre tracts, the following bearings and distances: North 61 °52'42" West, a distance of 26.71 feet to a point; North 60 °38'42" West, a distance of 101.90 feet to a point; North 65 °21'42" West, a distance of 24.20 feet to a point; North 67 °17'42" West, a distance of 90.60 feet to a point; North 54 °20'04" West, a distance of 222.60 feet to a point; North 63 °10'42" West, a distance of 29.40 feet to a point; North 43 °50'42" West, a distance of 100.00 feet to a point; North 45 °44'42" West, a distance of 23.00 feet to a point; North 23 °56'42" West, a distance of 81.60 feet to a point; Page 7 of 8 Battleground Oil Specialty Terminal Company, LLC Description of Property Subject to the City of La Porte Industrial District Agreement North 83 °06'42" West, a distance of 75.70 feet to a point; North 74 °43'42" West, a distance of 125.20 feet to a point; THENCE, North 72 °09'00" West, a distance of 29.98 feet to the POINT OF BEGINNING. TRACT 3 (35.52+ ACRE) BEGINNING at a 5/8" iron rod found for corner at the intersection of the North line of a called 42.0877 acre ExxonMobil Pipeline Company tract, as recorded in File Number C347984, H.C.O.P.R.R.P., with the Northeasterly right -of -way line of Miller Cut -Off Road (60' wide), said "POINT OF BEGINNING" having coordinates N= 13,829,650.94, E= 3,216,343.11; THENCE, along said Northeasterly right -of -way line of Miller Cut -Off Road, North 38 °06'54" West, at 528.30 feet pass a found 5/8" iron rod, at 585.40 feet pass a found 5/8" iron rod, and continuing for a total distance of 1275.69 feet to a 5/8" iron rod with (iullett & Associates (G &A) plastic cap set for corner; THENCE, along a line 10 feet North of and parallel to an existing TEPPCO pipeline, North 87 °40'31" East, a distance of 1958.34 feet to a 5/8" iron rod with G &A cap set for corner; THENCE, South 75°51'19" East, a distance of 78.86 feet to a 5/8" iron rod with G &A cap set for corner, said corner being a corner of a called 83.212 acre tract of land conveyed to TG Pipeline, L.P. as recorded in File Number Y690074, H.C.O.P.R.R.P.; THENCE, along a line of said 83.212 acre tract, South 67 °29'21" West, a distance of 514.71 feet (call= South 67 °34'37" West, 515.08 feet) to a 6' chain Zink fence corner found for corner; THENCE, along a line of said 83.212 acre tract, South 62°25'17" West, a distance of 56.79 feet (call= South 61 °43'48" West, 56.26 feet) to a 6' chain link fence corner found for corner; THENCE, along a line of said 83.212 acre tract, South 26 °33'43" East, a distance of 295.60 feet (call= South 26 °28'59" East, 295.70 feet) to a 6' chain link fence corner found for corner; THENCE, along a line of said 83.212 acre tract and along an existing 6' chain link fence, North 63 °23'30" East, a distance of 276.19 feet to a 5/8" iron rod with "Carter Burgess" plastic cap found for corner; THENCE, along a line of said 83.212 acre tract, South 26 °38'00" East, at 670.7 feet pass a 5/8" iron rod with "Carter Burgess" plastic cap, and continuing for a total distance of 700.36 feet (call= South 26 °37'36" East, 700.07 feet) to a 5/8" iron rod with "Carter Burgess" plastic cap found in a Northerly line of said ExxonMobil 42.0877 acre tract; THENCE, along a North line of said 42.0877 acre tract, South 87 °00'43" West, a distance of 1414.96 feet (call= South 87 °00'39" West, 1414.98 feet) to the POINT OF BEGINNING. Page 8 of 8 "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 li y t t €e* ., ' - 3 � ' ';',.,,. , °�`* � ma y' < . ` a a i A ...;.; . .., Ali,,,, , t,-,,I, , , „,,,,,,r,, ,,,,, ,,. ` 't.� c t e r - 'Ii b RM . a� 31 .;fr ' 1 ''''‘,,,,,,e0°' ''t; i j f 74. � , Eo PPP ; ' t,.. tt„ - ..., .04iff :Iiiht ,v, , ,... , . ! t mod " t »' -' b ra , , P - 44 .a. ,,, � ,_ '� fi � ,..,Av, .4, 70., ? : ,, 4%.:P4•0,‘ 44' .44 .., '' 4, ',.. ''', 'n��t �. E " f t4 " ''''l kJ ; 4 .!,, - , „ , , , ,, -.,. ..., , ,.., _ ,,i! `-''''''' 1 . f ,„ , e•''' "i," St' i: ' .; ,' 'f 4 as �„f " t. � � t ..yP� " � * � � �� F �" it, ., : k 4 1 ,: ' '' \'• + ''''',i-' "..;3*.i. . ' ' '''' '''' if''''' 1:'%' 'It 1 ' 1 . . ',,, ' , ' art ` t . x { 4. Q I ''S cn o ti nEXRIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State. Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. a Freestanding identification signs for multiple businesses shall not exceed 350 square feet. a Freestanding identification signs shall not exceed 45 feet in height. Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100 strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen, 14 "EXHIBIT C" Page 2 of 3 b) The use of earthen berms with approximately 31 side slopes, SO' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. Al]. berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fai4mont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City, C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Budget Requested By: Jeff Suggs Source of Funds: Department: OEM Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Grant Agreement Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The La Porte, Morgan's Point, and Shoreacres Local Emergency Planning Committee (LEPC) has once again been awarded the Hazardous Materials Emergency Preparedness (HMEP) Planning Grant. The HMEP grant is a reimbursable federal grant program that is intended to provide financial and technical assistance to enhance State and local hazardous materials emergency planning and training. This grant is for FY 2011 and all expenditures must be submitted to the State for reimbursement by August 31, 2011. If accepted, the City of La Porte will serve as the fiscal agent for the LEPC. This grant will be used to improve the LEPC's current public awareness campaign. Some of this year's public awareness projects that will be supported by the grant include the development of an informational newsletter, as well as the purchase of needed materials for the Wally Wise elementary school program and the Shelter -in -Place program at Baker 6th Grade Campus. Other outreach projects include shelter -in- place training for new teachers, substitute teachers and local daycare centers. In addition, the grant will be used to support the annual LEPC Shelter -in -Place Drill, which will involve participation from the City, School District, and local industry. This year, the LEPC was awarded $26,000.00. The State payable amount will be $19,170.50 and the LEPC is responsible for a soft match of $6,829.50. This soft match will be met using any time contributed to the program activities listed above by an LEPC member. Action Required by Council: C • sider . cceptance of the FY 2011 HMEP Grant. A . i rov ncil A enda AT/ r 1 Ron Bottoms, Man . ger Date AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) PLANNING GRANT STATE OF TEXAS § COUNTY OF TRAVIS § PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418.043 and 418.044 and /or § 791.011, this Agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety (TX DPS), Texas Division of Emergency Management, hereinafter called the "STATE," and The City of La Porte hereinafter referred to as the "GRANTEE," serving as a fiscal agent for the La Porte, Morgan's Point, Shoreacres Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this Agreement. AGREEMENT NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The GRANTEE agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the GRANTEE compensation for these services as set out in this Agreement. All services performed under this Agreement shall be performed under the supervision of the Chief, Texas Division of Emergency Management (TDEM), represented by the HazMat Preparedness Officer as the STATE project officer. 1. CONTRACT PERIOD This Agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2011 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE GRANTEE The GRANTEE shall: A. Complete the following project activities: Page 1 of 8 Contract Number 11- DEM -LEPC -001 1) Conduct public outreach for school age children, teachers and citizens in the area of preparedness for a possible hazardous material incident within the boundaries of the LEPC. 2) Conduct a functional drill to assist in the updating of focal Emergency Response Plans. B. Provide the STATE the following deliverables: 1) Progress reports and financial reports as outlined in Section 6. 2) Final project report and final financial report as outlined in Section 6. 3) A copy of all deliverables (i.e. public education /outreach products, materials printed under this Agreement, pictures of items that are too large /bulky to be mailed). 4) A copy of any contract between GRANTEE and any vendor for products or services related to the project as stated in Section 2A above. 3. SERVICES TO BE PROVIDED BY THE STATE • The STATE shall provide planning assistance to the GRANTEE in the form of guidance so the GRANTEE can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Twenty six thousand dollars ($26,000.00), B. The maximum amount payable by the STATE under this Agreement is: Nineteen thousand one hundred seventy dollars and fifty cents ($19,170.50) C. The GRANTEE shall provide a match that equals or exceeds: Six thousand eight hundred twenty -nine dollars and fifty cents ($6,829.50) D. The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the GRANTEE's documentation for reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. E. The STATE and /or GRANTEE paying for the performance of governmental functions or services must make those payments from current revenues available to the STATE and /or GRANTEE. In Accordance With Texas Government Code Section 791.011, Interlocal Cooperation Act. F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee, exclusive of Federal Funds and twenty -six point three percent (26.3 %) cost match for this grant, for developing, improving, and implementing emergency plans under Emergency Preparedness and Community Right -to -Know Act (EPCRA) will be maintained at a level that does not fall below the average level of such expenditures for the 2 federal fiscal years prior to this grant project. Page 2 of 8 Contract Number 11- DEM -LEPC -001 G. To receive reimbursement for allowable costs, the GRANTEE must: 1) Submit quarterly financial reports with the following attached: (a) Valid invoices or receipts (b) Canceled checks or other proof of payment for each expense 2) Proof of LEPC match for the quarter (a) Match must be used directly in connection with the approved activities. (b) Match must be non - Federal funds or a match in -kind (soft funds). (c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice Chair sign certifying the soft match. (d) The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. i. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. ii. Private contributions such as corporate contributions of facilities or services such as free classroom space. iii. Voluntary contributions such as firefighter support, emergency personnel support, and the time of any Local Emergency Planning Committee (LEPC) member. iv. Equipment or facilities used for exercises, whether public or private. v. Facility space necessary to conduct activities for the grant program. vi. University students volunteering time to aid in collection of data H. Final payment may be withheld until all deliverables, paid for under this Agreement, have been received by TDEM. I. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. 5. INITIATION OF PROJECT WORK The GRANTEE shall not begin the work outlined herein until final execution of this Agreement by the STATE. Page 3 of 8 Contract Number 11- DEM -LEPC -001 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this Agreement in a manner that will not unduly delay the work. The GRANTEE shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the GRANTEE. B. The GRANTEE's project officer shall render required reports to the STATE's project officer, including: 1) Progress reports according to the schedule in B (6) and in the format outlined in Attachment 3. 2) Financial reports according to the schedule in B (6) and in the format outlined in Attachment 4 with all required supporting documentation. 3) A final project report, which shall summarize the work performed on the project and accomplishments. 4) A final financial report and all remaining invoices for reimbursement, supported by appropriate documentation of expenses, including any remaining LEPC match. 5) A copy of all deliverables derived from this Agreement. 6) Progress /Financial /Final Report Schedule: (a) First Report (January — March) Due to the STATE by 30 of April. (b) Second Report (April — June) Due to the STATE by 30 of July. (c) Final Report Due by the 30 of September (See B3 & B4 above.) Progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, with original signature, along with all supporting documentation, must be sent by mail or courier. 7. TERMINATION A. This Agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the GRANTEE as consequence of the GRANTEE's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the GRANTEE as determined in good faith and reasonable business judgment by the STATE. 3) By the STATE for reasons of its own and not subject to the mutual consent of the GRANTEE upon not less than ten (10) days written notice to the GRANTEE. 4) By satisfactory completion of all services and obligations described herein. Page 4 of 8 Contract Number 11- DEM -LEPC -001 B. Should the STATE terminate this Agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the GRANTEE. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this Agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE under this Agreement. 8. DISPUTES The GRANTEE shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the GRANTEE in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non - procurement issues shall be settled at the sole discretion of the STATE. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this Agreement and which result from the negligence or willful misconduct of the GRANTEE or of any person employed by the GRANTEE. The GRANTEE shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the GRANTEE, its agents, contractors, officers and employees. • 10. COMPLIANCE WITH LAWS The GRANTEE shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement. 11. ASSURANCES The GRANTEE assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this Agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §` 14 (Attached as "Attachment 2 "). Page 5 of 8 Contract Number 11- DEM -LEPC -001 12. AUDIT REQUIREMENTS The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§ 7500 et seq. (Supp.1999) (Public Law 104 -156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The GRANTEE agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A — E and Attachments 1 and 2. 15. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The GRANTEE acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to U.S. Department of Transportation (DOT) in connection with this program, DOT has the right to pursue and impose on the GRANTEE civil and criminal penalties. 16. PROVISIONS AND AMENDMENTS The GRANTEE agrees that it and its contractors, sub - contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment to this Agreement. 17. OTHER The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness and Community Right -to -Know Act (EPCRA): A. Have a current chemical emergency response plan. 1) Plan is reviewed and updated (if needed) at least annually and 2) Plan includes the following: a. Identify affected facilities and transportation routes, b. Describe emergency notification and response procedures, c. Designate community and facility emergency coordinators, d. Describe methods to determine the occurrence and extent of a release e. Identify available response equipment and personnel f. Outline evacuation plans, g. Describe training and practice programs and schedules, h. Contain methods and schedules for exercising the plan Page 6 of 8 Contract Number 11- DEM -LEPC -001 B. Have an active LEPC whose membership includes (at a minimum): 1) Elected state and local officials • 2) Police, fire, civil defense, and public health professionals 3) Environment, transportation, and hospital officials 4) Facility representatives 5) Representatives from community groups and the media 18. PROJECT OFFICERS The project officers for this Agreement are: A. For the STATE: Name: Donald A. Loucks HazMat Preparedness Officer Technological Hazards Unit Texas Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773 -0220 Telephone: (512) 424 -5985 Fax: (512) 424 -7363 E -mail: donald.loucks @txdps.state.tx.us B. For the GRANTEE: Name: Kristin Gauthier EMC EM Specialist Address: 604 W. Fairmont La Porte, TX 77571 Telephone: 281 -470 -0010 Fax: 281 - 470 -1590 E -mail: gauthierk @laportetx.gov Page 7 of 8 Contract Number 1 1 -DEM-LEPC-001 19. SIGNATORY AUTHORITY The undersigned signatory for GRANTEE hereby represents and warrants that he /she is an officer of the organization for which he /she has executed this Agreement, and that he /she has executed this Agreement, and that he/she has full and complete authority to enter into this Agreement on behalf of the GRANTEE. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate effective the date of the last signature to this Agreement. FOR THE STATE FOR THE GRANTEE Texas Department of Public Safety Texas Division of Emergency Management City of La Porte Name of Agency Name of Jurisdiction ✓' { BY: BY: r= A rized ignature Authorize, S gnature 1 ev\ Loa.) R, RI4A1 Printed ame Printed Name e"C moat., Title Title Date Date Page 8 of 8 Contract Number 1 1 -DEM-LEPC-001 Page Al of A2 APPENDIX A COMBINED ASSURANCES Grantees should refer to the regulations cited below to determine the certification to which they are required to attest. Signatures on this form provide for compliance with federal certification requirements, including those under 34 CFR Part 82, "New Restrictions for Drug -Free Workplace (Grants)." The certifications shall be treated as material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction, grant, or cooperative agreement. 1. RESTRICTIONS ON LOBBYING The GRANTEE may not conduct political lobbying, as defined in the statues, regulations and 2 CFR 225 — "Lobbying ", within the Federally- supported project. The GRANTEE may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The GRANTEE must comply with 49 CFR 20, U.S. Department of Transportation "New Restrictions on Lobbying" 49 CFR 20 is incorporated by reference into this contract. 49 CFR 20 is available at: www. dot.gov /ost/m60 /grantiregs.htm. 2. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (Non - procurement) The GRANTEE must comply with the provisions of EO 12549, "Debarment and Suspension," which generally prohibits entities that have been debarred, suspended, or voluntarily excluded from participating in Federal non - procurement transactions either through primary or lower -tier covered transactions. The GRANTEE must comply with 2 CFR Part 1200, "Department of Transportation Non - procurement Suspension Debarment. GRANTEES are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded from Federal Procurement or Non - procurement Programs published by GSA and found at: www.epls.00v. 2 CFR 1200 is incorporated by reference into this contract. 2 CFR 1200 is available at www.gpoaccess by clicking on 2 CFR Part 1200. 3. DRUG -FREE WORKPLACE The GRANTEE must comply with the provisions of Public Law 100 -690, Title V, Subtitle D, "Drug - Free Workplace Act of 1988," which require the Recipient to take steps to provide a drug -free workplace. The Recipient must comply with 49 CFR 32, "Government -wide Requirements for Drug Free Workplace (Financial Assistance)." 49 CFR 32 is incorporated by reference into this contract. 49 CFR 32 is available at: www. dot .qov /ost/m60 /grant/ord4600.htm. Contract Number 11- DEM -LEPC -001 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) PLANNING GRANT STATE OF TEXAS § COUNTY OF TRAVIS § PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418.043 and 418.044 and /or § 791.011, this Agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety (TX DPS), Texas Division of Emergency Management, hereinafter called the "STATE," and The City of La Porte hereinafter referred to as the "GRANTEE," serving as a fiscal agent for the La Porte, Morgan's Point, Shoreacres Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this Agreement. AGREEMENT NOW, THEREFORE, the STATE and the GRANTEE in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The GRANTEE agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the GRANTEE compensation for these services as set out in this Agreement. All services performed under this Agreement shall be performed under the supervision of the Chief, Texas Division of Emergency Management (TDEM), represented by the HazMat Preparedness Officer as the STATE project officer. 1. CONTRACT PERIOD This Agreement shall become effective upon the date of final execution by the STATE and shall be completed by August 31, 2011 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE GRANTEE The GRANTEE shall: A. Complete the following project activities: Page 1 of 8 Contract Number 11- DEM -LEPC -001 1) Conduct public outreach for school age children, teachers and citizens in the area of preparedness for a possible hazardous material incident within the boundaries of the LEPC. 2) Conduct a functional drill to assist in the updating of local Emergency Response Plans. B. Provide the STATE the following deliverables: 1) Progress reports and financial reports as outlined in Section 6. 2) Final project report and final financial report as outlined in Section 6. 3) A copy of all deliverables (i.e. public education /outreach products, materials printed under this Agreement, pictures of items that are too large /bulky to be mailed). 4) A copy of any contract between GRANTEE and any vendor for products or services related to the project as stated in Section 2A above. 3. SERVICES TO BE PROVIDED BY THE STATE • The STATE shall provide planning assistance to the GRANTEE in the form of guidance so the GRANTEE can timely complete the deliverables fisted above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Twenty six thousand dollars ($26,000.00) B. The maximum amount payable by the STATE under this Agreement is: Nineteen thousand one hundred seventy dollars and fifty cents ($19,170.50) C. The GRANTEE shall provide a match that equals or exceeds: Six thousand eight hundred twenty -nine dollars and fifty cents ($6,829.50) D. The STATE shall make payment to the GRANTEE within thirty (30) days from receipt of the GRANTEE's documentation for reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. E. The STATE and /or GRANTEE paying for the performance of governmental functions or services must make those payments from current revenues available to the STATE and /or GRANTEE. In Accordance With Texas Government Code Section 791.011, Interlocal Cooperation Act. F. The GRANTEE agrees that the aggregate of funds of the Local Emergency Planning Committee, exclusive of Federal Funds and twenty -six point three percent (26.3 %) cost match for this grant, for developing, improving, and implementing emergency plans under Emergency Preparedness and Community Right -to -Know Act (EPCRA) will be maintained at a level that does not fall below the average level of such expenditures for the 2 federal fiscal years prior to this grant project. Page 2 of 8 Contract Number 11- DEM -LEPC -001 G. To receive reimbursement for allowable costs, the GRANTEE must: 1) Submit quarterly financial reports with the following attached: (a) Valid invoices or receipts (b) Canceled checks or other proof of payment for each expense 2) Proof of LEPC match for the quarter (a) Match must be used directly in connection with the approved activities. (b) Match must be non - Federal funds or a match in -kind (soft funds). (c) If match is soft funds then expense out the match and have either the LEPC Chair or Vice Chair sign certifying the soft match. (d) The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. i. Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. ii. Private contributions such as corporate contributions of facilities or services such as free classroom space. iii. Voluntary contributions such as firefighter support, emergency personnel support, and the time of any Local Emergency Planning Committee (LEPC) member. iv. Equipment or facilities used for exercises, whether public or private. v. Facility space necessary to conduct activities for the grant program. vi. University students volunteering time to aid in collection of data H. Final payment may be withheld until all deliverables, paid for under this Agreement, have been received by TDEM. I. The GRANTEE shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. 5. INITIATION OF PROJECT WORK The GRANTEE shall not begin the work outlined herein until final execution of this Agreement by the STATE. Page 3 of 8 Contract Number 11- DEM -LEPC -001 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The GRANTEE shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this Agreement in a manner that will not unduly delay the work. The GRANTEE shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the GRANTEE. B. The GRANTEE's project officer shall render required reports to the STATE's project officer, including: 1) Progress reports according to the schedule in B (6) and in the format outlined in Attachment 3. 2) Financial reports according to the schedule in B (6) and in the format outlined in Attachment 4 with all required supporting documentation. 3) A final project report, which shall summarize the work performed on the project and accomplishments. 4) A final financial report and all remaining invoices for reimbursement, supported by appropriate documentation of expenses, including any remaining LEPC match. 5) A copy of all deliverables derived from this Agreement. 6) Progress /Financial /Final Report Schedule: (a) First Report (January — March) Due to the STATE by 30 of April. (b) Second Report (April — June) Due to the STATE by 30 of July. (c) Final Report Due by the 30 of September (See B3 & B4 above.) Progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, with original signature, along with all supporting documentation, must be sent by mail or courier. 7. TERMINATION A. This Agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the GRANTEE as consequence of the GRANTEE's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the GRANTEE as determined in good faith and reasonable business judgment by the STATE. 3) By the STATE for reasons of its own and not subject to the mutual consent of the GRANTEE upon not less than ten (10) days written notice to the GRANTEE. 4) By satisfactory completion of all services and obligations described herein. Page 4 of 8 Contract Number 11- DEM -LEPC -001 B. Should the STATE terminate this Agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the GRANTEE. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this Agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the GRANTEE under this Agreement. 8. DISPUTES The GRANTEE shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the GRANTEE in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non - procurement issues shall be settled at the sole discretion of the STATE. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the GRANTEE shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this Agreement and which result from the negligence or willful misconduct of the GRANTEE or of any person employed by the GRANTEE. The GRANTEE shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the GRANTEE, its agents, contractors, officers and employees. • 10. COMPLIANCE WITH LAWS The GRANTEE shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement. 11. ASSURANCES The GRANTEE assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this Agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, GRANTEE shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, §_ 14 (Attached as "Attachment 2 "). Page 5 of 8 Contract Number 11- DEM -LEPC -001 12. AUDIT REQUIREMENTS The GRANTEE hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. §§ 7500 et seq. (Supp.1999) (Public Law 104 -156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The GRANTEE agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), the rules, regulations, and relevant Orders of the Secretary of Labor, Appendix A — E and Attachments 1 and 2. 15. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The GRANTEE acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to U.S. Department of Transportation (DOT) in connection with this program, DOT has the right to pursue and impose on the GRANTEE civil and criminal penalties. 16. PROVISIONS AND AMENDMENTS The GRANTEE agrees that it and its contractors, sub - contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 18, 49 CFR 110, and any amendment to this Agreement. 17. OTHER The GRANTEE certifies it is in compliance with Sections 301 and 303 of Emergency Preparedness and Community Right -to -Know Act (EPCRA): A. Have a current chemical emergency response plan. 1) Plan is reviewed and updated (if needed) at least annually and 2) Plan includes the following: a. Identify affected facilities and transportation routes, b. Describe emergency notification and response procedures, c. Designate community and facility emergency coordinators, d. Describe methods to determine the occurrence and extent of a release e. identify available response equipment and personnel f. Outline evacuation plans, g. Describe training and practice programs and schedules, h. Contain methods and schedules for exercising the plan Page 6 of 8 Contract Number 11- DEM -LEPC -001 B. Have an active LEPC whose membership includes (at a minimum): 1) Elected state and local officials • 2) Police, fire, civil defense, and public health professionals 3) Environment, transportation, and hospital officials 4) Facility representatives 5) Representatives from community groups and the media 18. PROJECT OFFICERS The project officers for this Agreement are: A. For the STATE: Name: Donald A. Loucks HazMat Preparedness Officer Technological Hazards Unit Texas Division of Emergency Management Texas Department of Public Safety Address: PO Box 4087 Austin, Texas 78773 -0220 Telephone: (512) 424 -5985 Fax: (512) 424 -7363 E -mail: donald.Ioucks ©txdps.state.tx.us B. For the GRANTEE: Name: Kristin Gauthier EMC EM Specialist Address: 604 W. Fairmont La Porte, TX 77571 Telephone: 281 -470 -0010 Fax: 281 - 470 -1590 E -mail: gauthierk ©laportetx.gov Page 7 of 8 Contract Number 11- DEM -LEPC -001 19. SIGNATORY AUTHORITY The undersigned signatory for GRANTEE hereby represents and warrants that he /she is an officer of the organization for which he /she has executed this Agreement, and that he /she has executed this Agreement, and that he /she has full and complete authority to enter into this Agreement on behalf of the GRANTEE. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate effective the date of the last signature to this Agreement. FOR THE STATE FOR THE GRANTEE Texas Department of Public Safety Texas Division of Emergency Management City of La Porte Name of Agency Name of Jurisdictio 9 BY: BY: 4A size ignature uthorized Signature V-t ra.4 Latin Printed ame Printed Name H-b C ' t e- S S i +-A.rv} Mwar- Title Title Date Date Page 8of8 Contract Number 1 1-DEM LEPC O01 • Page Al of A2 APPENDIX A COMBINED ASSURANCES Grantees should refer to the regulations cited below to determine the certification to which they are required to attest. Signatures on this form provide for compliance with federal certification requirements, including those under 34 CFR Part 82, "New Restrictions for Drug -Free Workplace (Grants)." The certifications shall be treated as material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction, grant, or cooperative agreement. 1. RESTRICTIONS ON LOBBYING The GRANTEE may not conduct political lobbying, as defined in the statues, regulations and 2 CFR 225 — "Lobbying ", within the Federally- supported project. The GRANTEE may not use Federal funds for lobbying specifically to obtain grants and cooperative agreements. The GRANTEE must comply with 49 CFR 20, U.S. Department of Transportation "New Restrictions on Lobbying" 49 CFR 20 is incorporated by reference into this contract. 49 CFR 20 is available at: www. dot.gov /ost/m60 /grant/regs.htm. 2. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (Non - procurement) The GRANTEE must comply with the provisions of EO 12549, "Debarment and Suspension," which generally prohibits entities that have been debarred, suspended, or voluntarily excluded from participating in Federal non - procurement transactions either through primary or lower -tier covered transactions. The GRANTEE must comply with 2 CFR Part 1200, "Department of Transportation Non - procurement Suspension Debarment. GRANTEES are encouraged to subscribe to and utilize the Monthly Lists of Parties Excluded from Federal Procurement or Non - procurement Programs published by GSA and found at: www.epls.gov. 2 CFR 1200 is incorporated by reference into this contract. 2 CFR 1200 is available at www.cmoaccess by clicking on 2 CFR Part 1200. 3. DRUG - FREE WORKPLACE The GRANTEE must comply with the provisions of Public Law 100 -690, Title V, Subtitle D, "Drug - Free Workplace Act of 1988," which require the Recipient to take steps to provide a drug -free workplace. The Recipient must comply with 49 CFR 32, "Government -wide Requirements for Drug Free Workplace (Financial Assistance)." 49 CFR 32 is incorporated by reference into this contract. 49 CFR 32 is available at: www. dot .qov /ost/m60 /grant/ord4600.htm. Contract Number 11- DEM -LEPC -001 A2 of A2 The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: PLACE OF PERFORMANCE (Street Address, City, County, State, Zip Code) 0 ( ) N 23rd Stred [AL Po* T'X 11511 / f1ir& (Street Address) (City, County, State, Zip Code) As the duly authorized representative of the grantee, I hereby certify that the grantee will comply with the above certifications. La Porte, Morgan's Point, Shoreacres LEPC vas+ � 1 f - ss-l (A"-hi Manu..gc r (Nam of EPC Grant - - • pi- t) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) Contract Number 1 1-DEM-LEPC-001 Page B1 of B2 APPENDIX B ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The La Porte. Morgan's Point, Shoreacres LEPC (Grant Recipient) (hereinafter referred to as the "Recipient ") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation through the Texas Division of Emergency Management it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall , on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation through the Texas Division of Emergency Management, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this Agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurance with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program ") conducted, or will be (with regard to "facility ") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -4 and Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix C of this Agreement in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. Contract Number 11- DEM -LEPC -001 Page B2 of B2 • 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipients. La Porte, Morgan's Point, Shoreacres LEPC Tva,U Learik , MgylajeN (N. e o LEPC Gran cipi nt) (Printed Name and Title of Authorized Official) 31 ti (Signature of Authorized Official) (Date) Contract Number 1 1-DEM-LEPC-001 Page C1 of C2 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State of Texas or the Pipeline and Hazardous Materials Safety Administration (PHMSA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the La Porte, Morgan's Point, Shoreacres LEPC, TX DPS, Texas Division of Emergency Management or the Pipeline and Hazardous Materials Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the La Porte, Morgan's Point, Shoreacres LEPC shall impose contract sanctions as it, TX DPS, Texas Division of Emergency Management or the Pipeline and Hazardous Materials Safety Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies; and /or (b) Cancellation, termination, or suspension of the contract, in whole or in part. Contract Number 11 -DEM -LEPC -001 Page C2 of C2 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurements as the State of Texas or the Pipeline and Hazardous Materials Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the La Porte, Morgan's Point, Shoreacres LEPC and, in addition the contractor may request the United States to enter into such litigation to protect the interest of the United States. La Porte, Morgan's Point, Shoreacres LEPC Tra.&i 1,e,aa4 ! /4<S1 G (MAriole)/ (N me o LEPC n ipi ) (Printed Name and Title of Authorized Official) ti (Signature of Authorized Official) (Date) Contract Number 1 1-DEM-LEPC-001 Page D1 of D2 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the La Porte, Morgan's Point, and Shoreacres LEPC. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land "] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of the above non discrimination covenants, La Porte, Morgan's Point, Shoreacres LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re -enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, La Porte, Morgan's Point, Shoreacres LEPC shall have the right to re -enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of La Porte, Morgan's Point, Shoreacres LEPC and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by La Porte, Morgan's Point, and Shoreacres LEPC. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself /himself, his /her personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land "] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in Contract Number 11 -DEM -LEPC -001 Page D2 of D2 the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of any of the above nondiscrimination covenants, La Porte, Morgan's Point, Shoreacres LEPC shall have the right to terminate the [license, lease, permit, etc.] and to re- enter and repossess aid land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, La Porte, Morgan's Point, Shoreacres LEPC have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. La Porte, Morgan's Point, Shoreacres LEPC T rcw kettAr► Asst : Uhl M aYlOr (0.. of LEPC nt Re i t ent) (Printed Name and Title of Authorized Official) (Signature of Authorized Official) (Date) Contract Number 11 -DEM -LEPC -001 Page El of E3 APPENDIX E ASSURANCES - NON - CONSTRUCTION PROGRAMS NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency *. (*Please contact State Project Officer listed within this Agreement.) As the duly authorized representative of the GRANTEE, I certify that the GRANTEE: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§ §1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Contract Number 11- DEM -LEPC -001 Page E2 of E3 7. Will comply, or has already complied, with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally- assisted construction sub - agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (Pl. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Contract Number 1 1 -DEM-LEPC-00 1 Page E3 of E3 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. La Porte, Morgan's Point, Shoreacres LEPC `yacl , Sk. 0 Raw 1w (Name • PC Grant R.,c lent (Printed Name and Title of Authorized Official) I . i of thorized Official) .(Date) • Contract Number 11- DEM -LEPC -001 Page 1.1 of 1.7 ATTACHMENT 1 GENERAL TERMS AND CONDITIONS The "GRANTEE" agrees to comply with the conditions applicable to this Agreement as set forth in this document. 1 ACCOMPLISHMENT OF THE AGREEMENT. 1.1 General Requirements. The GRANTEE must commence, carry out, and complete the Agreement with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the terms of this document and all applicable laws, regulations, project or program schedules, and applicable U.S. Department of Transportation (DOT) or Receiving Agency published policies. The terms of 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," apply to this Agreement. 1.2 Compliance with Federal, State, and Local Law. In performing its obligations under this Agreement, the GRANTEE agrees to comply with all applicable provisions of Federal, State, and local laws, regulations, and DOT directives. The GRANTEE understands and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execution may be modified, and that the most recent of such provisions will govern administration of this Agreement, except if there is sufficient evidence in the Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies and administrative practices that are established after the date of execution may be applied to this Agreement. All limits or standards set forth in this Grant are minimum requirements. If there is a conflict between Federal and State or local requirements, the GRANTEE must inform STATE in order that an appropriate resolution may be arranged. 1.3 Cost Principles. A GRANTEE must use program funds only for expenditures incurred for approved activities in accordance with the Agreement Instructions, and the cost principles of OMB Circular A -87, Revised, which are incorporated by reference in 49 CFR Part 18. 2 DELIVERABLES. 2.1 Published Materials. If the Performing Party publishes materials that have been prepared with grant funds, the GRANTEE must provide STATE and DOT reprints of the publication at no cost to STATE and DOT. The GRANTEE must acknowledge any publication based on work supported by this Agreement essentially as follows: "Publication of material was supported by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Grant No. HMETX7014150." 3 COPYRIGHTABLE WORK. If the Agreement results in a book or other copyrightable work, the GRANTEE or author may copyright the work, provided that the GRANTEE or author provides STATE and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, and to authorized others to do so, as set forth in Section 8 below. Contract Number 11- DEM -LEPC -001 Page 1.2 of 1.7 4 CHANGED CONDITIONS OF PERFORMANCE (Including Litigation). The GRANTEE must immediately notify the STATE and DOT of any change in local law, conditions, or any other event, including any litigation challenging the validity of or seeking interpretation of any Federal law or regulation applicable to the Federal Hazardous Materials Transportation program, which may significantly affect the GRANTEE's ability to perform the program in accordance with the terms of this Agreement. In addition, the GRANTEE must immediately notify the STATE of any decision pertaining to the GRANTEE's conduct of litigation that may affect STATE interests in the program or STATE administration or enforcement of applicable Federal laws or regulations. Before the GRANTEE joins (as a third party) in litigation that affects STATE or DOT interests in the program, or STATE or DOT Administration or enforcement of applicable Federal laws or regulations, the GRANTEE must first inform STATE and DOT. 5 ACCOUNTING RECORDS. 5.1 Funds Received or Made Available for the Agreement 5.1.1 Allowable Costs. STATE will reimburse as allowable costs expenditures made by the GRANTEE to the extent that they meet all of the following requirements. Expenditures must: 5.1.1.1 Be made in conformance with the program budget and all other provisions of this Agreement; 5.1.1.2 Be necessary to accomplish the program objectives; 5.1.1.3 Be reasonable in amount for the goods or services purchased; 5.1.1.4 Be actual net costs to GRANTEE (i.e., price paid minus any refunds, rebates,, or other value received by the GRANTEE that have the effect of reducing the cost actually incurred, excluding program income as defined in OMB CircularA -87, Revised); 5.1.1.5 Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from STATE to the contrary is received; 5.1.1.6 Be in conformance with the standards for allowability of costs set forth in OMB Circular A -87, Revised; 5.1.1.7 Be satisfactorily documented; and 5.1.1.8 Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the STATE 5.2 Audit and Inspection. 5.2.1 The GRANTEE must permit the STATE, State Auditor's Officer, Secretary and the Comptroller General of the United States, PHMSA or any of their duly authorized representatives to inspect all work, materials, payrolls, and other data and records that pertain to the program, and to audit the books, records, and accounts of the GRANTEE that pertain to the Agreement. Contract Number 11- DEM -LEPC -001 Page 1.3 of 1.7 5.2.2 The GRANTEE is responsible for meeting the audit requirements of OMB Circular A -133, or any revision or supplement to the circular. 5.2.3 Closeout of the Agreement will not alter the GRANTEE'S audit responsibilities. 6 EQUAL EMPLOYMENT OPPORTUNITY 6.1 In carrying out the approved program, the GRANTEE will not discriminate against any employee, applicant for employment, fellow or scholarship recipient because of race, color, age, creed, sex, sexual orientation, or national origin. 6.2 The GRANTEE will take steps to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, age, creed, sex, or national origin. There shall be no discrimination in actions such as employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 6.3 The GRANTEE agrees to post in conspicuous places, available to employees, applications for employment, names of students, fellows and recipients of scholarships, fellowships and assistantships, and notices setting forth the provisions of this Equal Opportunity clause. 6.4 The GRANTEE must send to each labor union or representative of workers with which it has a collective bargaining or other agreement or understanding, a notice, advising the labor union or workers' representative of the GRANTEE's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6.5 The GRANTEE must comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant orders of the Secretary of Labor. 6.6 The GRANTEE must furnish all information and reports required by Executive Order No. 11246 (September 24, 1965), or by the rules, regulations, and orders of the Secretary of Labor. The GRANTEE must also permit STATE, DOT, and the Secretary of Labor access to the GRANTEE's books, records and accounts for STATE, DOT, and the Labor Secretary to determine the GRANTEE's compliance with the Executive Orders, rules and regulations. 6.7 If the GRANTEE does not comply with the Equal Opportunity provision of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended, in whole or in part, and the GRANTEE may be declared ineligible for further Federal Grants, Cooperative Agreements, or Agreements. 6.8 The GRANTEE must include the provisions of TITLE VI of the Civil Rights Act of 1964 in every sub - agreement or purchase order, unless exempted by the Secretary of Labor, so that such provisions will be binding upon each sub - grantee or sub - contractor. The GRANTEE must take such action with respect to any sub - agreement or purchase order as DOT or the STATE may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, if the GRANTEE becomes involved in, or is threatened with, litigation with a sub - grantee or sub - contractor as a result of such direction by DOT, the Grantee may request DOT to enter into such litigation to protect the interests of DOT. Contract Number 1 1-DEM-LEPC-001 Page 1.4 of 1.7 6.9 Compliance with Title VI of the Civil Rights Act of 1964. The GRANTEE must comply with Title VI of the Civil Right Act of 1964 (42 U.S.C. § 2000d), with DOT regulations entitled, "Nondiscrimination in Federally- Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. Part 21, and any other applicable regulations. 7 PATENT RIGHTS. 7.1 The patent rights clause of Attachment A of OMB Circular No. A -124, (implementing the Patent and Trademark Amendments of 1980, 35 D.S.C. § 200 et. seq.) and any subsequent amendments will apply, when the purpose is to perform experimental, development, or research work. 7.2 The GRANTEE must notify the STATE promptly if any patentable invention(s) (Le., processes, compositions of matter, or items thought to be new) is produced in the course of work done under this Agreement. Except as stated in 37 CFR 401.3(a), the GRANTEE's given the right to retain title to any patents issued for work performed under this Agreement. 8 COPYRIGHTS. 8.1 Except as otherwise provided in the terms and conditions of this Agreement, the author or the GRANTEE may copyright any books, publications, or other copyrightable materials developed in the course of or under this Agreement. However, the STATE and DOT reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for State or Federal Government purposes. 9 The GRANTEE must not incorporate material copyrighted by others into any work product delivered under this Agreement unless it has acquired for the STATE and DOT a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the work for Government purposes. 9.1 The GRANTEE may arrange for publication of initial reports of original research, supported in whole or in part by Agreement funds, in primary scientific journals and copyright by the journal unless the journal's copyright policy would preclude individuals from making or having made by any means available to them, without regard to the copyright of the journal and without royalty, a single copy of any such article for their own use. 10 RIGHTS IN DATA. 10.1 The term "subject data" as used in this Agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio- visual recordings such as films and videotapes; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 10.1.1 Examples of "subject data" include, but are not limited to: engineering drawings and associated lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 10.1.2 The term does not include financial reports, costs analyses, and similar information incidental to program administration. Contract Number 11- DEM -LEPC -001 Page 1.5 of 1.7 10.2 With respect to all subject data first produced in the performance of this Agreement, STATE and DOT reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for State and Federal Government purposes: 10.2.1 Any work developed under this Agreement, irrespective of whether or not a copyright has been obtained; and 10.2.2 Any rights of copyright to which the GRANTEE purchases ownership with DOT assistance. 10.3 When DOT provides assistance to the STATE for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the Agreement. Therefore, the STATE and GRANTEE that have received assistance to support research, financed under the Federal Hazardous Material Transportation Law (49 U. S. C. Section 5101 et. seq.), understand and agree that, in addition to the rights set forth in Subsection 10.2 of this Agreement, DOT may make available to any DOT Grantee, sub - grantee, sub- recipient, third -party Contractor, or third -party subcontractor, either DOT's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. 10.4 Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. 10.5 Subsections 10.2 through 10.3 of this document are not applicable to material furnished to the GRANTEE, via the STATE, by DOT and incorporated in the work furnished under the Agreement, provided that the GRANTEE identifies the incorporated material when the work is delivered. 10.6 If the program, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 10.1 of this Agreement and must be delivered as STATE or DOT may direct. 10.7 The requirements of Subsections 10.1 through 10.6 of this document must be included in all sub - contracts, third party contracts of the GRANTEE under this program. 10.8 Collection of Data. The Performing Agency is prohibited from representing to their respondents that information is being collected for, or in association with; the Federal Government unless the HMEP Program Manager for the State and the Authorizing Official from the U.S. DOT have given prior approval and OMB clearance procedures contained in 5 CFR 1320 have been followed where required. 10.9 Rights in Technical Data to intangible property under this Agreement are governed in accordance with 49 CFR 18.34, "Copyrights." 11 PRIVACY. Should the STATE, or the GRANTEE, or their employees administer any system of records on behalf of DOT, the Privacy Act of 1974, 5 U.S.C. § 552a (the Act), imposes information requirements on the party administering the system of records. Contract Number 11- DEM -LEPC -001 Page 1.6 of 1.7 11.1 When the Agreement involves the operation of a system of records on individuals to accomplish a DOT function, the STATE and the GRANTEE, and their employees involved in the function are considered, for purposes of the Privacy Act, to be DOT employees with respect to the DOT function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the Privacy Act or this Section 11 subjects this Agreement to termination. 11.2 Definitions. As used in Section 11: 11.2.1 "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of DOT including the collection, use and dissemination of records. 11.3 "Records" means any item, collection, or grouping of information about an individual that is maintained by the GRANTEE or STATE on behalf of DOT including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. 11.3.1 "System of records" on individuals means a group of any records under the control of the STATE or the GRANTEE on behalf of DOT from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual. 11.4 The GRANTEE agrees: 11.4.1 To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. § 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the GRANTEE, its subcontractors, or their employees to accomplish a DOT function; 11.4.2 To notify DOT when the GRANTEE -, its subcontractors, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The GRANTEE may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The GRANTEE its subcontractors, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; 11.4.3 To include in every solicitation and in every third -party Agreement, when the performance of work under that proposed third -party Agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third -party Agreement or to accomplish a DOT function, a Privacy Act notification informing the third -party subcontractors that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974, 5 U.S.C. § 552a, and applicable DOT regulations, and that a violation of the Act may involve the imposition of criminal penalties; and Contract Number 11- DEM -LEPC -001 Page 1.7 of 1.7 11.4.4 To include the text of Subsections 11.4.1 through 11.4.3 in all third -party contracts, which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 12 RECORDS. 12.1 The GRANTEE must maintain records for this Agreement to comply with 49 CFR § 18.42. Sections 18.42 provides that the GRANTEE must for 3 years retain financial records, supporting documents, statistical records, records for non - expendable property, and all other records pertinent to this Agreement. 12.2 Records associated with any litigation, claim or audit started before the expiration of the 3 -year period, must be retained until all litigation, claims or audit findings involving the records have been resolved. 13 Travel. Any travel necessary to carry out the objectives of this Agreement must use the most economical form of transportation available. All travel is to be scheduled sufficiently in advance, to the extent practicable, to take advantage of offered discount rates. Travel and Per Diem authorized under this Agreement must be incurred in accordance with the Government Travel Regulations currently in effect. Current per diem rates are listed at: http: / /www.gsa.gov /perdiem. 14 Title to Equipment. Title to equipment purchased or fabricated under this grant vests in the Recipient or subrecipients, respectively, except DOT reserves the right to require the Recipient or subrecipient to transfer title to item of equipment to the Federal Government or a third party named by DOT, when such a third party is otherwise eligible under existing statutes. Such transfers are subject to the standards contained in 49 CFR 18.32. 15 Site Visits. PHMSA, through its authorized representatives, may make site visits, at reasonable times; to review project accomplishments, management control systems and provide guidance as may be requested or required. If a site visit is made on the premises of the Recipient, subrecipient, subcontractor or third party under this Grant, the Recipient must provide and require all subrecipients, subcontractors or other third parties to provide reasonable facilities and assistance to PHMSA representatives in the performance of their duties. All site visits and evaluations will be performed in a manner to not unduly delay work activity under the Grant. Contract Number 11- DEM -LEPC -001 Page 2.1 of 2.4 ATTACHMENT 2 § . 14 State of Texas Assurances (a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. An attempt has been made below to list major state and federal assurances. Generally, not all of these assurances will be required for any one grant. However, it is the applicant's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding state funds must be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) RELATIVES. A subgrantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the goveming body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person, who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. (3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) HEALTH, HUMAN SERVICES, PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. Contract Number 11- DEM -LEPC -001 Page 2.2 of 2.4 (7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Section 36 for additional guidance on contract provisions). (8) SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. 9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally assisted construction subagreements. (11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) LABOR FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. Contract Number 11- DEM -LEPC -001 Page 2.3 of 2.4 (14) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). (15) FLOOD INSURANCE. Subgrantees will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) ENVIRONMENTAL STANDARDS. Subgrantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b)- notification -of- violating - facilities - pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § §7401 et seg.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.). (19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. § §2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) LEAD - BASED PAINT. Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residential structures. (21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Contract Number 11- DEM -LEPC -001 Page 2.4 of 2.4 (23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. (24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.qov. (25) HIV /AIDS. Subgrantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. La Porte, Morgan's Point, Shoreacres LEPC (Name LE C Grant Re. •'ent (Printed Name and Title of Autholized Offi6ial) Signnure of Authorized Official) (Date) Contract Number 11- DEM -LEPC -001 ATTACHMENT 3 HMEP PLANNING GRANT PROGRESS REPORT LEPC: La Porte, Morgan's Point, Shoreacres 1. For the period of: 2. Project Progress During the Period: 3. Problems impeding Project & Actions Taken to Resolve Those Problems: 4. Planned Project Work for the Next Month: 5. Estimated Project Completion Date: La Porte, Morgan's Point, Shoreacres LEPC (Name of LEPC Grant Recipient) (Printed Name and Title of Project Officer) (Signature of Project Officer) (Date) Instructions for filling out the Progress Report. 1. For the period of: • First Report (January— March) Due to the STATE by 30 of April. • Second Report (April — June) Due to the STATE by 30 of July. 2. Project Progress: Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each project independently. Indicate which tasks, if any, are complete. 3. Problems: Describe any problems that have or may interfere with completing this project, on time, and what if anything has been or can be done to resolve these problems. 4. Planned Work: Include a description of planned work to be performed, major purchases planned, if any for the upcoming reporting period. For projects that involve multiple tasks, discuss each. 5. The date entered must be August 31 or earlier. Contract Number 1 1-DEM-LEPC-001 ATTACHMENT 4 HMEP PLANNING GRANT FINANCIAL REPORT LEPC: La Porte, Morgan's Point, Shoreacres LEPC Fiscal agent: City of La Porte For the period of: 1. Project Cost (from Grant Agreement, Section 4A) $ 2. State Share (from Grant Agreement, Section 4B) $ a. State reimbursement (Previously submitted) total $ b. State Share Request this report $ c. State Share balance (Line 2 - [2a + 2b]) $ 3. Local Match Share (from Grant Agreement, Section 4C) $ a. Local Match Share (Previously submitted) total $ b. Local Match Share this report $ c. Local Match balance (Line 3 — [3a + 3b]) $ 4. Invoices /receipts or other expenses attached for reimbursement this report. Expense /Company Date of Invoice/ Amount of Invoice/ What was purchased Invoice /receipt from: receipt receipt City of La Porte (Name Fiscal Agent) (Printed Name and Title of Fiscal Agent Representative) (Signature of Fiscal Agent Representative) (Date) • Local match may be a cash match or a soft match. (See Agreement 4G (2) for information on soft match.) • Proof of payment for expenses (in the form of canceled checks, bills marked "paid in full' or other proof) must be attached to this report. • If the LEPC Match is not equal to 20% or more of the total funds expended to date, then the state share will be adjusted or remittance may be withheld until LEPC Match equals 20 %. Contract Number 1 1-DEM-LEPC-001 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Appropriation Requested By: Don Pennell Source of Funds: Operating Budget Department: Public Works Account Number: 001- 7072 -532 -6009 Report: Resolution: Ordinance: Amount Budgeted: $358,125 Exhibits: Proposal Evaluation Summary Amount Requested: $140,000 per year Exhibits: Type IV Contract Exhibits: Budgeted Item: YES The City of La Porte has a five (5) year contract with Waste Corporation for the disposal of Type IV solid waste (heavy trash). The contract began April 1, 2001 with a five (5) year renewable option that was agreed to in March 2006 by all parties. The contract expires on March 31, 2011. Requests for proposals were advertised in the Houston Chronicle and sent to two (2) vendors with three (3) returning proposals. The proposals were evaluated for: 50% Cost of proposed service for number specified. 50% Location (Distance from the City of La Porte and traveling difficulties) Evaluations were completed by Curtis Herrod, Ray Mayo, and Lee Allen. A summary of the evaluation is attached. The top respondent was identified as Waste Management. They were rated the highest in location and cost. The current rate expiring is $4.70 per yard with State fees included and the new rate will be $4.20 per yard with the State fees included. This is a five year Contract that will run across six budget years and renewable for an additional five years. Funds are available for the new contract this fiscal year. $140,000 is an average per year cost for type IV waste disposal. Staff Recommendation: Authorize the City Manager to execute a contract with Waste Management to dispose of Type IV waste at the Greenshadow Landfill, 710 Jana Lane, Pasadena Texas. tion ' equired by Council: Authorize the City Manager to execute agreement for Type IV solid aste 4 is se sal betwi -n the City of La Porte and Waste Management of Texas, Inc. A i , C►'Z�' '-L_�iTinif ouncil Agenda rout, $(7 AI Ron : ottoms,'i Manager Date - ti ti o E � , o CO r O a c v , cii 2, £ -° ' Q _ 0 N o (00 CO CI) c d' OD CO 69 o > 2 w a a C 0 Z.' m CO O m ti E 0�0 M a H N r- Cr) d' CO re O a LL y Z °' O 'a H Q o L _ J 3 o < MI _ N L MI ° H 0 Z „ N 0/) m M V a 2 m . cu O g z co 0 m O : co H Q c 0) C.) ■ ce 0 0 H SOLID WASTE DISPOSAL AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND WASTE MANAGEMENT OF TEXAS, INC. A Texas Corporation This "Agreement for Solid Waste Disposal" (this "Agreement ") is made and entered into at La Porte, Texas, effective as of the day of April, 2011, by and between THE CITY OF LA PORTE, TEXAS, a Texas Municipal corporation, hereinafter called the "City," and WASTE MANAGEMENT OF TEXAS, INC. and its affiliates and subsidiaries, including S &J Landfill Limited Partnership, and hereinafter collectively called the "Contractor ". WITNESSETH: WHEREAS, the City desires to dispose of construction and demolition waste generated in the City; and WHEREAS, the City Council of the City of La Porte, Texas, did authorize the administration to negotiate a long -term fixed -price contract for the disposal of the City of La Porte's construction and demolition waste with the Contractor at its landfill(s). NOW, THEREFORE, in consideration of the mutual covenants and agreements herein recited, by each to be performed, it is hereby agreed by and between the parties hereto as follows: (1) DISPOSAL SITES. The Contractor owns and /or operates a Type IV landfill at a site called the Greenshadow Landfill located at 710 Jana Lane, Pasadena, Texas, 77503, described by metes and bounds in Municipal Solid Waste Permit No. 1540 -A issued by the Texas Commission on Environmental Quality (TCEQ), hereinafter called the "Landfill" for the complete handling, processing and disposal of Type IV waste generated in the City and collected by the City or its contractor. (A) Materials to be Disposed of. The Contractor shall accept for disposal all, construction and demolition solid waste, as that term is defined in Title 30 of the Texas Administrative Code, Chapter 330 or other applicable provision, brought to the Greenshadow Landfill by the City or its franchisee. The Contractor may designate the location on the site at which material is to be unloaded. Notwithstanding anything contained herein to the contrary, in no event shall Contractor be obligated to accept for disposal any Nonconforming Waste. Nonconforming Waste means waste that is prohibited from being received, managed or disposed of at the designated disposal facility by federal, state or local law, regulation, permit, ordinance or other legal requirement, and includes but is not limited to, hazardous substances or hazardous material. In the event the City Page 1 of 7 or its franchisee shall deliver to the Landfill any Nonconforming Waste, the City shall indemnify Contractor, and defend and hold Contractor harmless, from any and all losses, claims, demands, or causes of action, including fines, and penalties, as a result of the delivery of such non - conforming waste the Landfill. Title to and responsibility for Nonconforming Waste shall remain with the generator at all times. (B) Operation of Disposal Site. The Contractor shall have the exclusive right to the use of and responsibility for the operation of the Landfill for the term of this Agreement or any extension thereof, subject to the following terms and provisions. (i) The Contractor shall furnish all labor, tools, equipment, and power for the operation of said Landfill site, and shall be responsible for all necessary maintenance thereof. Contractor shall operate the Landfill according to accepted modern standards of sanitary landfill operation and under the supervision of an experienced person so that it shall not become a nuisance or an offense to the City. Contractor shall maintain suitable roads within the Landfill site for truck traffic. (ii) All construction and demolition waste accepted by the Contactor shall be handled in accordance with Contractor's procedures, as determined by Contractor. Sufficient auxiliary equipment shall be maintained on the site or kept otherwise available to permit operation in case of equipment breakdown or increased volume of material to be handled. (iii) The area shall be neat and sanitary at all times so as not to interfere with the City's disposal hereunder. (iv) The Contractor agrees to comply with all laws, ordinances, and regulations of the State of Texas and with the terms and conditions of its permit applicable to the operation under this Agreement and to conform with the standards of operation as established by the Texas Commission on Environmental Quality ( "TCEQ "), and agrees that all services rendered by it hereunder shall be rendered in a clean, sanitary, neat, courteous, and efficient manner and that it will instruct its employees accordingly. In the event that the Contractor shall wholly fail to dispose of garbage and other materials herein provided to be disposed of for a period in excess of two (2) weeks, and provided such failure is not due to war, insurrection, riot, strike, act of God, or any other cause, or causes beyond the Contractor's control, the City may, at its option after written notice to the Contractor, terminate this Agreement. (v) In the event that the City shall, without fault on its part, be made a party to any litigation arising as the result of failure of the Contractor to comply with any provisions of this Agreement or by reason of the Contractor's Page 2 of 7 negligent operation or use of the subject premises (other than as provided herein) brought by or against the City, then the Contractor shall pay all reasonable costs and attorney's fees necessarily incurred in defense of such litigation, and shall save and hold City harmless from any liability therefrom. (vi) The Greenshadow Landfill shall be operated by the Contractor in compliance with all valid, non - discriminatory and generally applicable ordinances, regulations, and laws of regulatory bodies having jurisdiction of the Contractor's operations. (vii) Clean dirt or clean bricks that can be used beneficially may be accepted upon inspection by the landfill site manager and billed at "No Charge." The City is responsible for communicating with Contractor prior to arrival of any loads deemed clean of contamination for potential beneficial use. (viii) City and its contractors shall have the right to enter Contractor's disposal facility for the sole purpose of offloading waste. The City shall ensure that its employees or contractors comply with all rules and regulations of the disposal facility. Contractor may deny the City or its contractor's entry to the disposal facility and /or terminate this Agreement in the event of Customer's breach of the Agreement or failure to follow Contractor's disposal facility rules and regulations upon fifteen (15) days written notice and the City's failure to cure. 2. TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years beginning April 1, 2011 and ending on March 31, 2016 ( "Initial Term "). The Initial Term of the Agreement may be extended for one additional five (5) year term upon the written agreement of the City and the Contractor. 3. COMPENSATION TO CONTRACTOR. As full compensation to the Contractor for operation of the landfill, City agrees to pay the Contractor the following fees: (A) Construction and Demolition Waste. As a base fee, the sum of $3.95 per cubic yard for construction and demolition solid waste, plus the amount of any separate fees imposed on the Contractor by the State of Texas (currently $0.25 per cubic yard). (B) Adjustments to Base Fees for Construction and Demolition Waste. On April 1 of each year during the Initial Term or renewal term of this Agreement, the parties agree to adjust the base fee so that it shall be increased or decreased in accordance with changes in the Consumer Price Index, the Consumer Price Index for All Urban Consumers (CPI -U) as promulgated by the Bureau of Labor Statistics of the United States Department of Labor. In addition, Contractor may also increase such base fee to reflect any increases in taxes, fees and other governmental charges (including, without limitation, changes in the TCEQ fees), required by Page 3 of 7 federal, state or local law, regulation, rule, ordinance or permit condition that becomes effective or is implemented after the effective date of this Agreement, and such increases shall be effective date of this Agreement, and such increases shall be effective upon the date when such tax or other charge takes effect. (C) Time of Payment. The Contractor shall invoice the City bi- monthly, invoices to be submitted on the 1 & 16 of each month, accompanied by tickets which are collected by Contractor as refuse trucks make deliveries and will reflect the invoice period. Invoices shall be paid by the City monthly, not later than the 10 of the month following the month for which this invoice is rendered. (D) Acceptance of Construction and Demolition Waste. Contractor shall accept for disposal all residential and commercial garbage, consistent with its permit, generated within the City's limits and in accordance with this Agreement, including that collected by private haulers and that brought to the landfill by private citizens and shall make a reasonable charge for disposal therefore. (E) Open Hours and Holidays. The Contractor shall keep the Greenshadow Landfill open for the receiving of construction and demolition solid waste from 7:00 a.m. to 5:00 p.m. Monday through Friday, and 7:00 a.m. to 12:00 noon Saturdays, except holidays, unless such hours are restricted by the Landfill's TCEQ permit or different hours are mutually agreed to by the parties. (F) Suspension or Termination of Service. Contractor retains the right to suspend service if the City fails to timely pay Contractor so long as Contractor provides City with fifteen (15) days notice to cure prior to suspending service. If City fails to cure, Contractor has the right to terminate this Agreement on seven (7) days additional notice. 4. INSURANCE AND WORKERS' COMPENSATION. It is understood and agreed between the parties that, in entering into this Agreement, the Contractor is acting as an independent contractor and is in no way the agent or employee of the City. In this respect, it is also agreed as follows: (A) The Contractor shall, at its own expense, maintain in full force and effect during the term of this Agreement Employer's Liability, Worker's Compensation, Public Liability and Property Damage insurance. All insurance shall be by insurers licensed to do business in the State of Texas. The Contractor shall furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force before execution of this Agreement and shall provide 30 days prior notice to the City of cancellation of coverage. The certificates shall name the City as an additional insured. (B) The Contractor shall maintain Workers' Compensation insurance in the following amounts: Workers Compensation Statutory Page 4 of 7 Employer's Liability $1 million each accident $1 million Disease — policy limit $1 Million Disease — each employee (C) The Contractor shall maintain Commercial General Liability including blanket contractual liability in the following amounts: Bodily Injury: $1 million each occurrence /$1 million annual aggregate (D) The Contractor shall maintain Property Damage insurance, to include explosion, collapse and underground coverage as follows: $1 million Each Occurrence /$1 million aggregate Products — complete operation (E) The Contractor shall maintain Automobile liability, including owned, hired and non -owned vehicles as follows: Bodily Injury — each person: $1 million; each accident $1 million Property Damage — each accident $1 million; $1 million annual aggregate (F) The Contractor will indemnify and save harmless the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any work done in the performance of this Agreement, including damages, claims or penalties arising from the disposal of any waste, or arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees. However, the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act of omissions of the City, its officers, agents, servants and employees. 5. NOTICES. Whenever, under this Agreement, provision is made for notice of any kind, it shall be deemed sufficient notice and service thereof if the said notice is in writing and is deposited in the mail in a properly stamped envelope to be delivered by certified mail, addressed as follows: If to the City: C Manager of 40: rt Texas G foe- Q"'' garrokts If to the Contractor: Attn: Third Party Disposal Manager Waste Management of Texas, Inc. Page 5 of 7 800 Gessner Suite 1100 Houston, Texas 77024 Changes in the respective addresses to which such notices shall be directed may be made from time to time by either party. Notice of any such change in address shall be directed to the other party in writing by certified mail. IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its name by its Mayor and its official seal to be hereunto affixed and attested by its City Secretary, the City hereby warranting same to be duly authorized by the proper and valid act of the City Council of the City, and Contractor has caused this Agreement to be executed by its President, and its corporate seal to be hereunto affixed and attested by its Secretary, the Contractor hereby warranting same to be duly authorized by the proper and valid act of the Board of Directors of the Contractor. EXECUTED in several duplicate originals the date first above written. C F LA P_ O 17E, TEXAS 1 role- PO EtrtroS By. Title: City Manager ATTEST: L aA,i-C.i. AO aj By: Title: City S : APPROVED: L i 7 i_:dAI By: Title: City Attorney Waste Management of Texas, Inc. A Texas Corporation Page 6 of 7 j 4 ne1a2 /f I By: .&10✓NZ (7. S.+/ 07)/ Title: 4 k g> Page 7of7 i F s , REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3 -14 -11 Budget Requested By: Kenith Adeox Source of Funds: Department: Police Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Amount Requested: Exhibits: Ordinance — Amending Chapter 70 "Traffic & Vehicles" of the Code of Ordinances, Adding New Budgeted Item: YES NO Article IX "Regulation of Golf Carts" SUMMARY & RECOMMENDATION On January 24, 2011, the Police Department received direction from City Council to draft an ordinance that, if subsequently approved by Council, would allow for the use of golf carts within the City of La Porte, under certain conditions. It was recommended that a committee be formed, consisting of both citizens and staff members, to make recommendations to City Council relating to the regulation of golf carts within the City of La Porte. Per Council direction, a committee was formed and a draft Ordinance was prepared. The draft was reviewed during City Council meeting workshop session on February 28, 2011. Council provided staff with recommended changes to Section 70 -307, Exceptions, which have been incorporated into the Ordinance. The ordinance is now being sent to City Council for action and approval. Action Required by Council: Approve Ordinance amending Chapter 70, "Traffic and Vehicles ", of the Code of Ordinances, Article IX "Regulation of Golf Carts ". A I • rov: Ci L,i until A. enda 1i 1 ' 4 / dr i 714 Ron Bottoms, City Manager Date ORDINANCE 3 3 2. ( AN ORDINANCE AMENDING THE CODE OF THE CITY OF LA PORTE, CHAPTER 70 "TRAFFIC AND VEHICLES" BY ADDING A NEW ARTICLE IX, "REGULATION OF GOLF CARTS," REGULATING THE USE OF GOLF CARTS ON PUBLIC STREETS OR HIGHWAYS WITHIN THE CITY LIMITS; 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 HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Transportation Code, Section 551.404 specifically provides that a municipality may, under certain conditions, allow for the operation of a golf cart on a street or highway; within its jurisdiction; and WHEREAS, the City Council has determined that, in allowing for the use of a golf cart on a street or highway, it is necessary to regulate the operation of golf carts in the interest of public safety, while in the corporate limits of La Porte, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: SECTION 1. FINDINGS OF FACT. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. SECTION 2. AMENDMENT TO THE CODE. The La Porte City Code, Chapter 70 "Traffic and Vehicles ", is hereby amended by adding a new Article IX "Regulation of Golf Carts" as follows: "ARTICLE IX. REGULATION OF GOLF CARTS Section 70 -303. Definitions. The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. r Ord. No. ,3 Page 2 "Golf Cart" as referenced hereafter, shall have the meaning assigned by the V.T.C.A., Transportation Code § 502.001(7), as it exists or may be amended, and includes a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course. The term, as used herein, shall include a specific restriction that a permitted golf cart shall have an attainable top speed of not greater than 25 mph. Specifically excluded from this definition are those motorized conveyances commonly referred to as ATV's, NEV's, four - wheelers, mules and gators. "Golf Cart Registration Permit" shall mean a privilege granted upon compliance with terms of this article to legally operate a golf cart upon a public highway, or parking area within the corporate boundaries of the City of La Porte for the term that the permit was issued. "Operator" shall mean the person operating and having physical control over the golf cart. An operator must carry a valid Texas Drivers' License. "Golf Cart Registration Permit Decal" shall mean a certificate for attachment to a golf cart identifying the golf cart as permitted by the city and giving an expiration date. "Owner" shall have the meaning assigned by the Texas Transportation Code, § 502.001, and shall mean the person who has legal title to the golf cart, has the legal right of possession of the golf cart, or has the legal right of control of it. "Public Highway" shall have the meaning assigned by the Transportation Code § 502.001(18), as it exists or may be amended, and includes a road, street, way, thoroughfare, or bridge: a. that is in the state; b. that is for the use of vehicles; c. that is not privately owned or controlled; and d. over which the state has legislative jurisdiction under its police power. Section 70 -304. Operation of Golf Carts Permitted. Pursuant to the Texas Transportation Code, Section 551.404, operators are permitted to operate a golf cart on public highways within the corporate limits of the City of La Porte providing that the public highway has a posted speed limit of not more than 35 miles per hour and all other requirements contained within this Article are met. Section 70 -305. Required Equipment Regulations. a. Every golf cart operated within the City of La Porte shall be equipped with the following equipment which shall be operational at all times: 1. headlights; 2. tail lamps; 3. reflectors; 4. parking brakes; Ord. No. 6 Page 3 5. rearview mirror(s); 6. a slow moving vehicle emblem clearly visible in daylight or at night from the light of standard automobile headlamps at a distance of at least 500 feet as provided for in §547.703 of the Transportation Code.. b. Every golf cart powered by a gasoline engine shall at all times be equipped with an exhaust system in good working order and shall comply with all state, federal and city regulations, including but not limited to Section 34 -94 et. seq. ( "Noise ") of this code. c. Golf carts which have been altered to allow them to travel at speeds greater than 25 mph are prohibited on any public highway in the City of La Porte. Section 70 -306. Operation Regulations. a. All operators of golf carts shall be licensed to operate a motor vehicle as provided by the Texas Transportation Code and shall carry a valid Texas Drivers' License and proof of insurance for the golf cart, while operating the golf cart. b. All operators of golf carts shall abide by all traffic regulations applicable to vehicular traffic when using any public highway in the City of La Porte. c. Golf carts shall not be operated on public sidewalks at any time. d. Golf carts shall not be operated on a public bike trail, unless the section of bike trail is directly adjacent, and runs parallel, to a public highway with a posted speed limit that exceeds 35 miles per hour. When operating on a bike trail, golf carts must yield the right -of -way to bikes and pedestrians. e. A golf cart may not cross a street or highway with a posted speed limit of more than 35 mph, unless the crossing occurs at an intersection. f. All golf carts are entitled to the full use of a lane on the public highway and no motor vehicle shall be operated in such a manner as to deprive any golf cart of the full use of a lane. g. The operator of a golf cart shall not overtake and pass in the same lane occupied by the vehicle being overtaken. h. No operator shall operate a golf cart between lanes of traffic or between adjacent lines of rows of vehicles. i. Golf carts shall move to the right and yield the right of way to faster moving vehicles. Ord. No. `( Alf Page 4 j. No person may ride in the lap of the driver or any other occupant of a golf cart. k. The maximum seating of a golf cart shall be limited to the seating capacity as designated by the manufacturer; and all occupants operating or riding in/on a golf cart must occupy a designated seat and remain seated at all times while the golf car is in motion. 1. Children under the age of ten years must be properly restrained by a seat belt. Seat belts must meet American National Safety Institute (ANSI) standards; and m. Golf carts may not pull or tow any person, vehicle or equipment. Section 70 -307. Exceptions. The following golf carts are exempt from regulation by this code: a. Golf carts owned and/or operated by the City of La Porte or any other governmental entity. b. Golf carts operated in support of a City sponsored or permitted special event. c. Golf carts used while evacuating persons during a declared emergency and for 72 hours after the emergency unless otherwise ordered by the City. Section 70 -308. Registration Permit. Before any golf cart may be operated on the streets and highways of the City of La Porte, it must be registered with and provided a permit by the City of La Porte Police Department. Registration must be up -dated annually and the fee for registration shall be $35, which covers administrative and inspection costs. The city registration permit process includes the following: a. The applicant shall complete the city- supplied registration permit application which shall contain the: 1. Name and physical and mailing address of the applicant owner. 2. Location where the vehicle is regularly stored overnight. 3. Model, make and golf cart ID number. 4. Current Driver's License information of owner. 5. A statement that the applicant has been furnished a copy of this ordinance and that he or she agrees to comply with all conditions contained in this ordinance and to any local, state or federal laws governing the use of golf carts. 6. A statement that the registration permit holder and any user shall indemnify and hold harmless the City of La Porte, Texas for any and all civil liability associated with said registration and that the permit holder and user waive any and all rights to sue or allow subrogation by insurance company. 7. Any other information that the city may reasonably require. Ord. No. Page 5 b. The registration permit application shall be: 1. Accompanied by the annual permit fee of $35.00. 2. Accompanied by proof of financial responsibility consistent with the minimum requirements of the Texas Transportation Code for the operation of motor vehicles. A copy of the certificate of insurance shall be attached to the application. 3. Accompanied by a copy of the applicant's Texas Driver's license. 4. Signed by the applicant /owner. c. Upon receipt of the completed application and permit fee, a member of the police department shall make arrangements to inspect the golf cart for adherence to this ordinance. d. When the inspector has approved the vehicle, the annual permit decal shall be issued to the owner. The decal shall be immediately affixed to the front panel of the driver's side of the golf cart so as to be clearly visible. e. The registration permit shall be effective for one year from the date of issuance or until such time as revoked for non - compliance or when the golf cart is transferred to a new owner. Section 70 -309. Revocation of the Registration Permit. The registration permit may be revoked if: a. The owner or operator of the golf cart fails to abide by the rules and regulations of this ordinance, including failure to maintain liability insurance. b. The owner or driver of the golf cart fails to abide by the traffic laws of the State or the City of La Porte and /or operates the golf cart in an unauthorized area, or uses a wireless communication device in a school zone during restricted school hours, in violation of State Law. Section 70 -310 Registration Permit Is Not Transferrable. The city registration permit is not transferable. Upon transfer of ownership to another person who intends to operate the golf cart in La Porte, the new owner must register the golf cart in his /her name and pay the required permit fee as outlined in this ordinance. Section 70 -311. Penalty This Ordinance is hereby incorporated into and made a part of the La Porte City Code. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not more than Two Hundred Dollars ($200.00) per offense. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section." Ord. No. (2 Page 6 Section 4. Open Meetings The City Council officially finds, determines, recites, and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted 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 Meeting Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times ruling which this ordinance the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. Severability. 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 6. Effective Date. 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, an e City of La Porte Charter. PASSED AND APPROVED on the first reading on the 1 day ofI4JCJ( 2011. 0 By: Louis it ' igby Mayor A Patrice Fogarty ! City Secretary APPROVED: i — , Li LAd Cl . T. Askins Assistant City Attorney 66 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 03/14/2011 Budget Requested By: Ken Adenx Source of Funds: Department: Police Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Resolution for Crime Victim's Liaison Grant Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Per the Code of Criminal Procedure, Section 56.04, (c), "Each local law enforcement agency shall designate one person to serve as the agency's crime victim liaison." The duty of the crime victim liaison is to ensure that a victim, guardian of a victim, or close relative of a deceased victim of a crime involving bodily injury is afforded the rights granted victims in accordance with state law; including notification of victim's rights, providing victims with crime victim's compensation assistance, referring them to community resources and providing moral support during any time the victim is required to make a court appearance. For calendar years 2009/2010, the Crime Victim Liaison served a total of one thousand eighteen (1018) victims who were awarded approximately sixty-nine thousand eight hundred and one dollars ($69,801.00) in Crime Victim's Compensation. Since the inception of the La Porte Police Departments Crime Victims Program, over three hundred sixty -four thousand three hundred fifty -five dollars ($364,355.00) in compensation has been awarded to local crime victims with the assistance of the Department's Crime Victim Liaison. The City of La Porte received an initial grant award for its Victims Assistance Liaison position from the Office of the Attorney General in February, 2002. Since that time, the position has in part been funded through this grant. As required by the Attorney General's Office, a resolution is being sought authorizing the Police Department and City Manager to submit for a two year continuation grant for the Crime Victim's Liaison position. The Grant will be in the amount of forty-two thousand dollars ($42,000.000) each year. The City will have to continue to support the program by absorbing approximately twenty-two thousand dollars ($22,000.00) each year in its personnel operating budget to cover this position. Action Required by Council: Authorize the La Porte Police Department and City Manager to submit for the Crime Victim's Liaison Grant in order to continue funding the Crime Victim's Liaison position. • I prove ' for City Council Agenda • 1 tt, 377 Ron : ottoms, City Manager Date L . 77)////# /1 0/4% N RESOLUTION Legal Name of Applicant: City of La Porte Unique Application Number: V0010 -12 -1089 Be it known as follows: WHEREAS, The City of La Porte has applied for or wishes to apply to the Office of the Attorney General, (OAG) Crime Victim Services Division for the Victim Coordinator and Liaison Grant (VCLG); and WHEREAS, the City Council of The City of La Porte has considered and supports the Application filed or to be filed with the Office of the Attorney General; and WHEREAS, The City of La Porte has designated or wishes to designate the following individual as the "Authorized Official" who is given or has been given the power to apply for, accept, reject, alter or terminate the Victim Coordinator and Liaison Grant (VCLG) with the Office of the Attorney General (OAG), Crime Victim Services Division as well as given the authority to sign all grant adjustment requests, inventory reports, progress reports, and financial reports or any other official documents related to the grant on behalf of the grantee: Authorized Official: Ron Bottoms Position Title: City Manager NOW THEREFORE, BE IT RESOLVED that The City of La Porte City Council approves submission of the application for the Victim Coordinator and Liaison Grant to the Office of the Attorney General, Crime Victim Services Division as well as the designation of the Authorized Official. ti ign e d by: , A t: 1?i ized Official City Secretary / App • 14th day of March, 2011. -r • , City •11 Porte 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Appropriation: Requested By: Tim Tietiens Source of Funds: N/A Department: Planning Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Amount Requested: N/A Ordinance Aerial /Zoning Map Budgeted Item: N/A SUMMARY & RECOMMENDATION The Planning & Zoning Commission, during their February 17, 2011, meeting, held a public hearing to receive citizen comments regarding Rezone Request #11-92000001. The applicant, La Porte Real Property, LLC., seeks to have the property rezoned from Light Industrial (LI) and Heavy Industrial (HI) to Planned Unit Development (PUD). The property is located at 901 North Broadway. This property (47.709 acres) is located one block north of Barbour's Cut Boulevard between North Broadway and North 8 Street. It is bounded by undeveloped & heavily wooded `J' & `H' Streets rights -of -way to the north and south respectively. Historically, the site is known as Harris County Municipal Solid Waste (MSW) Landfill No.3. La Porte Real Property, LLC finalized the Harris County Landfill No. 3 purchase agreement in 2007. The property is located in the general vicinity of the Port of Houston's Barbour's Cut Terminal. The City's Land Use Map shows underlying land uses as industrial. The desired use is shipping containers and chassis storage parking. The applicant's redevelopment plan shows the initial phase to stabilize the ground, site clearing, grading, surfacing, and detention ponds and then plan for the storage of chassis and containers. In addition, TCEQ has approved the plans. As the property consists of several lots, blocks, and tracts with split zoning, a Planned Unit Development (PUD) zone might be considered a viable option as it will provide the City more control on the future land use and provide an opportunity for Council to review a defined project followed by a Special Conditional Use Permit. As required by Ordinance, notices of the public hearing were mailed to thirteen property owners within 200' of the subject site. No response was received from the mailout. The Planning and Zoning Commission, by unanimous vote, recommends City Council approve Rezone Request #11- 92000001. Action Required by Council: 1. Conduct public hearing. 2. Consider taking action on a recommendation by the Planning and Zoning Commission to approve Rezone Request #11- 92000001, for the Landfill Site #3 from LI and HI to PUD. A s ove s Ci ouncil A ends , e22/eitri Ron Bottoms, City Manager Date ORDINANCE NO. 3 .3 2 5 AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL (HI) TO PLANNED UNIT DEVELOPMENT (PUD) FOR A 47.709 ACRE (2,078,202 SQ.FT.) TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: 47.709 acre (2,078,202 sq.ft.) tract of land situated in the Johnson Hunter Survey, Abstract No. 35, Harris County, Texas, containing all of Outlots 10 and 11, and Blocks 373, 374, and 376 in La Porte, Texas, a subdivision according to the map or plat thereof recorded in Volume 83, Page 345 of the Deed Records of Harris County, Texas, and all of Blocks 377, 378, 379, and 380 in the subdivision of Outlot 9 of the Nebraska Syndicate Tract, a subdivision according to the map or plat thereof recorded in Volume 458, Page 331 of the Deed Records of Harris County, from Light Industrial (LI) and Heavy Industrial (HI) to Planned Unit Development (PUD). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the (44-day of`" & 2011. OF LA PORTE By: A . Louis R. Vby, Mayor AST: Patrice Fogarty, C ecretar APPROVED: Clark Askins, Assistant City Attorney 2 oS REZONE LANDFILL SITE #3 W�2 { I. To, , , �� �'t b fry o..., ? ' f `` � - ..... __. t .,, t ,i 4.4 S A _,_. .__ _ PUD -.- — — PINE' ° a �� • : - - z . q SOUTHr "� ' L—. ' I - r- ' - 1 r = ! t y�� — .4 ;. , Imill "i ;' t R EZONE FROM I I' '5� LI &HI to PUD _IL ■ ii i } ` #� x i k T. , \ _ __ _ _ 1 ___ 1 NJST , ,,,4 1 1 1 1 ,-, ,F.,......„..,:„.,,,,., ) 1 n_ , , wril , t 33 ' � ��r ^k \'' I, , . 'II , I -- sue..,_, " . g *� wisl j ri 4 ....t .a -- - -II-----. ---ir 1 I I =—, " PUD�i'Z�°'' T It `s' f ..t a t 'y 7 inch SOOfee . ® W BARBOURS CUT B VD � E BARBOURS CUT B VD--< I ., .0'•' t y f r - ~ `r .. i g 7 `" �� i t m 1mi �. a -- a , (t6 u� � , ' g" « a °� % )z �t�` �n I , t cn i t 7 A fir! d� u? o , ,' ' Lr { ,` ce z GC 1 'PUD NM f , : � r r W MADISSON�ST . y x ' 4 . A r`,, 9/10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Appropriation Requested By: Tim Tietlens Source of Funds: N/A Department: Planning Account Number: N/A Report: Resolution: Ordinance: X Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes No Exhibits: Ordinance Aerial Map Site Plan SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its February 17, 2011, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #11-91000001. The request, submitted by Tim Kunz (VLK Architects) on behalf of La Porte Independent School District, seeks approval of a Special Conditional Use Permit (SCUP) for an off -site parking facility to be located at 416 North 2n Street. Off -site parking is classified as a conditional use per Section 106 -441; Table A, Commercial Uses of the Code of Ordinances. Over the past years, a number of employees and students increased with continued growth of La Porte and LPISD campuses. Parking has been an issue at DeWalt Alternative School. LPISD owns an additional property across the street from the school and wishes to develop a parking lot for its employees and visitors at this facility. There are numerous times when private vehicles are parked in front of the existing facility and along the shoulders of N. 2 Street and West Madison Street within the public rights -of -way. It is staff s opinion that appropriate auxiliary parking would be provided by this proposal to keep these vehicles from parking on the side of the roads. The proposed location for off -site parking is directly across 2 Street from the principal building. The parking lot will be constructed in accordance with City's standard specifications. If the special conditional use permit is approved by the City, the applicant must submit a certified site plan for development of the parking lot showing access, parking spaces, maneuvering aisles, pedestrian access /crosswalk and landscaping/screening etc. Eleven (11) notices of public hearing were mailed to neighboring property owners. No response was received in this regard. The Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #11- 91000001 with the conditions listed in the SCUP. Action Required by Council: 1. Conduct public hearing. 2. Consider Planning and Zoning Commission's recommendation to approve Special Conditional Use Permit #11- 91000001 for an off -site parking for the DeWalt Alternative School. I rov • d _1 r Cit i uncil A . enda 41 //4 5777/1 Ron Bottoms, City Manager Date ORDINANCE NO. 3 3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT No. 11- 91000001 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF -SITE PARKING LOT AT 416 NORTH 2 STREET, IN A LOW - DENSITY RESIDENTIAL (R -1) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #11- 91000001, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of an off -site parking lot at the following described property, to wit: 0.05 acre tract of land, being lots 1 -7, block 86, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, also known as 416 North 2 Street, within a Low - Density Residential (R -1) zoning district. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the `1 " day of , 2011. it OF LA PORTE By:.� Louis R. 'ley, Mayor AZ711': CatriFogarty, CitecretariST APPROVED: • Clark Askins, Assistant City Attorney 2 City of La Porte Special Conditional Use Permit # 11- 91000001 This permit is issued to: La Porte Independent School District Owner or Agent 1002 San Jacinto Street, La Porte TX 77571 Address For Development of: DeWalt Alternative School Parking Lot Development Name 416 North 2 Street, La Porte, TX 77571 Address Legal Description: Lots 1 -7, Block 86, Town of La Porte La Porte, Harris County, Texas. Zoning: Low - Density Residential (R -1) Use: Off -site Parking Lot Permit Conditions: 1. SCUP is specifically limited to the off -site parking for the DeWalt Alternative School. 2. Off -site parking shall comply with all parking standards. 3. Screening and /or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 4. All lighting in the parking lot shall be hooded and arranged to deflect Tight away from the adjoining residential properties in compliance with Section 106- 521(a). 5. LPISD shall install sign at the property to prohibit unauthorized parking during non - school hours. 6. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: '/ Ili( ((?1/41‘.. ‘ a.,,,,),... Direc or of lanning City Sec if ry ill 3 EXHIBIT N SCUP - DEWALT ALTERNATIVE SCHOOL W � � E S aw ., , 1,,I'li r---------1 -. o _.` �_ LOCATION OF - -- — # fi : ' . ,J4.1!,,,, i PROPERTY "� A MADISON ST aa a k ''''' ' ''''' ;'''''''''... - ? { y rt , tip � a � .. `$ r . WT LER ST q z C F .. �' , , , 1 . . „, ,;., - i.. .. t .i. :., ' . q` Mr f s k ..: ■ r _ f a a: *. WADAMS ST ''' ' '''''''' . ' ' ' ''''f'l -- " x 3 - a ' d , . 1 100HOS AN V1N3W313 XVWO12100H3S 3Al1VNN311V 11VM301V SN0I1IO V 101 DNIINVd W de, Q 4. •s t k. : , ilVilirt*i. 1 . i 1 Z -... e h, L....i.....wf, , ‘,. I . ..: ( ,-- o w w ¢ E' N I l l o f i i g 3 . O O &- g O LL O g 0 Q €>ff ¢ 1 1 1 1 1 1 !I g 3 �4 = Z �Ill! 4 i _L. L J. I —L 1. -1 p i y .� s • i • i 2 ■Til .111..../MMN ow ft,' A , 'A' 5 L33.5 at O e vp a� i W. Q O 8 1 A/6N3N .epl y w ., P 1 ,, 4....., : z • , a ;$ '.' ,,,,,, 3eo ..arose ¢ • k 'warm. " wrL .• Vii ..r...a .— .- W I� , ,..../ 1, sigromrmosnmemill ,.. . , ' 0 t *.i.... , ii MI .4' - i ED , 11 , iij. :. arret I: 1 N Pr i; 1 1 , I po. „.. ....,,,!.0,,,„04,44,.,. ......,,,^4r, l ow f _,_ ' \` �`+ a i �I MI '. .1 . ' � • ' ' g A 133a1itaa ' 2 1 G' • • z ...7.111111111144b, a l 5 s C7 -r,. ¢ J ¢_ rea nu .v O Z q\ • q (�� ) 1, � ri \ \\ \ ' 1 V`l w \ ? . ►ii 0, 1 w v . -- w i\\ • r °- \ iI E 1 T. • CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF HARRIS § I, 12 L as a member of the City of La Porte Z< c c C/ 26 , make this affidavit and hereby on oath state the following: 1 have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item on ///,j // , 20 // , affecting this business entity or real property is: j- __Z COMPLETE (A) OR (B): (A) The business entity is (name); or (B) The real property is located at: I have a substantial interest for the following reasons: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $15,000 or more of the fair market value of the business entity. ✓ Funds received from the business entity exceed 10% of gross income for the previous year. Real property is involved and I have an equitable or legal ownership of the property with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity or real property and from any further participation on this matter by discussion or debate. ,Iwo 1 Su � ed this J ' day o ' / , 20 / Si: 1. a of • fficial THE STATE OF TEXAS § COUNTY OF : § Before me ,��,,_.�`,����.. i on this day personally appeared . :414 • known to me to be the person whose name is subscribed to the foregoing !I I ii ent and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. / / Given under my hand and seal of office this / 4 day of /) Jt(2k / 20 _ (Alp ,) 00 itilL4 fi Notary Public in and f! the Sta Texas 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: March 14, 2011 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Planning Amount Budgeted: NA Report: Resolution: Ordinance: _X_ Amount Requested: NA Attachments: Budget Item: NA Ordinance Aerial Map Site Plan SUMMARY On February 17, 2011, the Planning and Zoning Commission considered Special Conditional Use Permit #11- 91000002 for a proposed office /warehouse facility to be located at 1400 State Highway 146 North, near the interchange of State Highway 225 and Union Pacific Railroad (UPRR). Clay Development and Construction Inc. is seeking this permit for proposed development of an office /warehouse facility for Port Modal Centre on approximately 14 acres currently zoned Planned Unit Development (PUD). The subject property contained a RV /Trailer Park (a.k.a. Oak Park Trailer Park) that had been in operation since 1950 but has recently been decommissioned. Under the current ordinance provisions, the use was allowed to continue until abandoned. The tract in question is within the vicinity of major commercial and industrial facilities in the area near the Port of Houston's Barbour's Cut Terminal. The City's Land Use Map shows underlying land uses as commercial/industrial. The desired use is an office /warehousing with the potential for rail service spurs at the site. Landscaping shall be required per City ordinances and additional screening with extra tall trees has been offered along frontage road of SH 146 and along the south property line to enhance the aesthetics of this major entrance corridor to La Porte. The property lies in the San Jacinto /Galveston Bay Watershed and outfalls in the adjacent HCFCD channel. Redevelopment of this tract will not require detention. The developer has petitioned to the City for closing of North 8 Street portion from North `L' Street to Railroad. Existing waterlines and sanitary sewer will be rerouted. Existing fire hydrants will be retained. Water well has to be plugged and report to be submitted to the City. Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #11- 91000002 with the conditions as listed in the SCUP attached herewith. Action Required by Council: 1. Conduct a Public hearing. 2. snsider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #1 - 91000002 for the Port Modal Centre to be located at 1400 State Highway 146 North. I •rov;, for it • jcifA•enda l ti h k7 3 Ron Bottoms, City Manager Date ORDINANCE NO. 7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT No. 11- 91000002 FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFFICE WAREHOUSE FACILITY AT 1400 STATE HIGHWAY 146 NORTH, IN A PLANNED UNIT DEVELOPOMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #11- 91000002, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for the development of an office warehouse facility for the following described property, to wit: 14 acre tract being being TR 27 of Block 27, TR 28 of Block 28, Nebraska Syndicate and TR 3, being situated in the Enoch Brinson Survey, Abstract 5 Volume 65, Page 175, H.C.D.R., La Porte, Harris County, also known as 1400 State Highway 146 North, within a Planned Unit Development (PUD) zoning district. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. 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 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7. This Ordinance shall be effective after its passage and approval. PASSED AND APPROVED this the / 7 day of L frfilt , 2011. Ai TY OF LA PORTE By: / tA ' Louis Rr gby, Mayor AT ST: J Al /_arm Patrice Fogarty, CO ecreta APPROVED: 7 .„ ■ A,.//4 . 7 Clar Askins, Assistant City Attorney 2 City of La Porte Special Conditional Use Permit #11- 91000002 This permit is issued to: Clay Development & Construction, Inc. Owner or Agent 5599 San Felipe, Suite 1440, Houston TX 77056 Address For Development of: Port Modal Centre Development Name 1400 State Highway 146 North, La Porte, TX 77571 Address Legal Description: 14.8252 acre tract of land, Johnson Hunter Survey. Abstract 35 & Enoch Brinson Survey, A -5, La Porte, Harris County, Texas. Zoning: Planned Unit Development (PUD) Use: Office/Warehouse Facility Permit Conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any construction or development of the private or public improvements anticipated by this SCUP and the general plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 2. Said submittals for this development shall be in accordance with this SCUP, General Plan, ordinances and policies of the City of La Porte. 3. Land uses will be strictly commercial /industrial in nature. A further refinement of industrial activity shall be approved by the City. 4. Zoning permit shall be required from the City for proposed use /activity at site. 5. The applicant shall ensure that the truck circulation does not cause congestion on the streets, and proper signage shall be installed to control vehicles turning along SH 146. 6. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 7. A rail access, spur design, and UPRR approval shall be required. 8. Proposed development shall be screened and landscaped in compliance with required screening and landscaping provisions of the zoning ordinance of the City. A site plan and /or separate plans shall be submitted in conjunction with the building permit application and ensure that tall trees are planted along frontage road of SH 146 and along south property line to provide screening, which will add to a positive aesthetic environment at the entrance corridor. 9. Provide detailed landscape and screening plans during site plan submittal. Allow existing trees to remain at site. 10. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner /developer. 11. Provide a public utility easement for future water main along north property line adjacent to existing railroad, to be connected with public water for fire suppression. 12. Submit design for on & off -site utilities with capacities. 13. Stacking of shipping containers at the facility shall not be allowed. 14. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. 3 EXHIBIT A Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: ' Director • Planning City S 4 445 S i N ,, SCUP - PORT MODAL CEN � E w W t �.�' LA PORT EF �� � #� Gr � H 146 t' +� � ° I T „4 ' E SH.14. r r S M k $ ! .: ,t 2 ''i . c , , - ' N . 4 , ,, , , ,..., !,, t � � � rf�` '�i f x �" .' # fi 1 . f f � " t— `; . � f � ..». S, ' +». .R� � f 3 ° ¢ , ' Y Y i � >a ' my5�t " (J1yfs?. � 4 , �4+3 y q� "' .c ,, .b � " ; -,3�. t + . ,, . "% 6 ' - - r &. 't , . :- i �, k � ,� +�_ �� 1� _ J_ 4t LOCATION OF w " ,4 � ��' PROPERT . - � :. " - -___ 4 z. F �a __ • 1 I. - s 6 N iN ' 2 1 '1 . 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'47 ,,,, .. ,,,,,,,,,,,,,,, C 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: 3/14/11 Source of Funds: Requested By: Stacey Osborne Account Number: Department: CMO Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Cosentino Agreement Budgeted Item: YES NO Exhibits: Foreign Trade Zone Benefits Exhibits: SUMMARY & RECOMMENDATION C& CO North America, Inc., d/b /a Cosentino North America recently acquired a portion of a building located within the 289.94 acre Port Crossing Industrial Park, which it will be leasing from Del Piso Investments, LLLP, an Arizona limited liability limited partnership (Del Piso bought the building from Port Crossing before leasing a part of it to Cosentino.) Cosentino is requesting a letter of non - objection from the City, to be used in their efforts to be a part of the foreign trade zone program. An agreement between the City and Cosentino is attached, and following is a brief explanation of why Cosentino needs this letter and how the foreign trade zone program works. As you may know, the City of La Porte is located within a foreign trade zone (FTZ), and properties within a trade zone can be granted foreign trade zone status by the designated grantee for that zone. The City falls within Foreign Trade Zone No. 84, and the Port of Houston is our Foreign Trade Zone Grantee. Port Crossing has already been granted FTZ status by the Port of Houston, and Cosentino also desires to participate in the FTZ program. In order to participate they must file an application for activation with the U.S. Customs and Border Protection CBP to activate a portion of the building within the Houston Foreign Trade Zone No. 84. A letter of non - objection from the City will aid in their efforts to obtain the required sponsorship letter from the Port of Houston, the grantee. About the Foreign Trade Zone FTZ status provides a federal exemption from state and local ad valorem taxes on tangible personal property imported from outside the United States, and held in a foreign trade zone for the purpose of storing, sale, exhibition, repackaging, assembly, distribution, sorting, grading, cleaning, mixing, display, manufacturing or processing and tangible personal property produced in the United States and held in a foreign trade zone for exportation, either in its original form or as altered by any of the above processes. Inventory qualifying under the law and held at the facility in FTZ space that is activated by U.S. Customs is exempt from state and local ad valorem taxes. Companies that import a significant portion of their raw materials from overseas participate in the FTZ program for a number of reasons. Significant benefits include relief from inverted tariffs, duty exemption on re- exports, duty elimination on waste, scrap, and yield loss, Weekly Entry Savings, and duty deferral. I am including a page from the Foreign Trade Zone Resource Center, which explains these benefits in detail. The Cosentino Agreement The agreement between Cosentino and the City of La Porte states that Cosentino agrees to waive the Federal Exemption with respect to ad valorem taxes payable to the City for FTZ inventory owned by the company and located within the complex to the extent of 75% of the City's ad valorem tax rate, thereby claiming only 25% of the Federal exemption. As such, Consentio still pays the City 75% of the its total ad valorem tax liability on FTZ inventory owned by the Company. Under Federal law, the valuation dates for tax purposes are January 1 and September 1. On those dates, the company will identify any inventory that qualifies for an FTZ exemption, and pay 75% of the ad valorem taxes on that inventory that would be due to the City of La Porte. The agreement also states that the City of La Porte will submit a letter of non - objection (see Exhibit B) so that Cosentino can proceed with their application to the Port of Houston for FTZ status. The Foreign Trade Zone program is good for American business, and La Porte is fortunate to be within a designated foreign trade zone. Staff recommends that Council approve the agreement as presented. Action Required by Council: Consider action approving an agreement between Cosentino North America and the City of La Porte. A . I ro e r Ci o _ cil A enda 564/ Ron Bottoms, City Manager date FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES BETWEEN THE CITY OF LA PORTE, TEXAS AND C & C North America, Inc., d/b /a Cosentino North America THIS AGREEMENT (this "Agreement ") is entered into by and between C & C North America, Inc., d/b /a Cosentino North America ( "Company ") and City of La Porte, Texas ( "City "). A. Recitals 1. The Port of Houston Authority is grantee of Foreign Trade Zone No. 84; 2. The Company is the operator of a portion of a building located within the 289.94 + /- acre Port Crossing Industrial Park, Zone Site 20, which it will be leasing from Del Piso Investments, LLLP, an Arizona limited liability limited partnership. The specific building at which the Company will be Operating the FTZ is located at 1921 S. 16 Street, La Porte, Texas 77571, on a tract of land more particularly described in Exhibit A hereto. 3. Company desires to participate in the foreign trade zones program, and an application for Activation is to be filed with U.S. Customs and Border Protection CBP to activate a portion of the aforementioned building within the Houston Foreign Trade Zone No. 84; 4. A letter of non - objection from the City will aid in the efforts to obtain the required sponsorship letter from the Port of Houston, the Grantee of Foreign Trade Zone No. 84; 5. 19 U.S.C. § 81o(e) provides a federal exemption from state and local ad valorem taxes on tangible personal property imported from outside the United States, and held in a foreign trade zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting, grading, cleaning, mixing, display, manufacturing or processing and tangible personal property produced in the United States and held in a foreign trade zone for exportation, either in its original form or as altered by any of the above processes; 6. Inventory qualifying under 19 U.S.C. § 81o(e) and held at the Facility in foreign trade zone space that is activated by U.S. Customs pursuant to 19 C.F.R. §146 is exempt from state and local ad valorem taxes; and 7. Company and the City desire that the foreign trade zone designation cause no financial harm or net loss of revenue to the City Taxing Jurisdictions; NOW, THEREFORE, in consideration of the mutual promises expressed in this Agreement, the parties agree as follows. B. Definitions When used herein, the listed words have the following meanings: 1. "City" means the City of La Porte, Texas, and does not include any other entities that may levy taxes on the Complex including, but not limited to, cities, utility districts and/or school districts. 2. "Complex" means the site described in Exhibit A attached hereto and all improvements thereon. 3. "FTZ Invento " means any inventory held in the Complex that would qualify for the 19 U.S.C. §81o(e) federal exemption for certain foreign trade zone inventory that would otherwise be taxable by the City Taxing Jurisdictions pursuant to Chapter 11, TEX. PROPERTY TAX CODE. 4. "Payment" means the amount equal to the property taxes on FTZ Inventory that a User would owe the City Taxing Jurisdiction in accordance with the provisions of Chapter 31, TEX. PROPERTY TAX CODE, if the 19 U.S.C. §81o(e) exemptions is not applied. C. Obligations 1. Company agrees to the following with respect to FTZ Inventory owned by Company: a) Company waives the federal exemption provided in 19 U.S.C. §81o(e) with respect to ad valorem taxes payable to the City for FTZ Inventory owned by Company and located at the Complex, to the extent of 75% of the City's ad valorem tax rate, thereby claiming the Federal exemption at the rate of 25 %, and will actually pay to the City 75% of the otherwise total ad valorem tax liability, on FTZ Inventory owned by the company. Company further agrees not to not raise the aforementioned exemption as a basis for protesting the appraisal of any FTZ Inventory owned by Company. b) On January 1 and September 1 of each year (the valuation date(s) for taxation purposes pursuant to TEX. TAX CODE SECTIONS 23.01 and 23.12(f)), Company will use reasonable efforts to identify and designate in a clearly identifiable manner any FTZ Inventory owned by it and held in an activated foreign trade zone space at the Complex. c) If the Texas Legislature alters the valuation date(s) for taxation purposes in the future, the inventory restriction outlined above will apply only to the new valuation date(s) as established under Texas law. d) Company will do the following: 1) Render information related to FTZ Inventory owned by it and located at the Complex as required by the TEXAS PROPERTY TAX CODE to Harris County Appraisal District ( "HCAD "), without regard to and without identifying FTZ Inventory as subject to or eligible for the federal exemption in 19 U.S.C. §81o(e), and provide a copy to the City. 2) On or before December 1 of each year, during the term of this Agreement (and /or August 1s in cases where Company has elected a September 1 valuation date for taxation purposes pursuant to TEX. TAX CODE SECTION 23.12(f)), Company agrees to certify to the City that it will claim the exemption in 19 U.S.C. §8Io(e) as it relates to the FTZ Inventory owned by Company, if any, with respect to ad valorem taxes payable to the City on such FTZ Inventory, only at the percentage rate agreed to under Paragraph C of this agreement. 2. Immediately upon execution of this Agreement, the City shall issue a letter of non - objection in substantially the form attached as Exhibit B, which is to be filed as part of the Company's Application for Activation of the portion of Site 20 within Foreign Trade Zone No. 84 which encompasses the Complex. 3. Company agrees that this Agreement is necessary for the Activation by Foreign Trade Zone No. 84, of Site 20 to include the Complex, and such Activation is in the best interest of the community. Therefore, a violation by Company of this Agreement or a determination of its invalidity would justify a reversal of such Activation. D. Miscellaneous Provisions 1. Governing Law. This Agreement will be interpreted under the laws of the State of Texas. 2. Binding Effect. This Agreement shall extend to and be binding upon and inure to the benefit of the parties hereto, and their respective legal representatives, successors and assigns. It is agreed that City Taxing Jurisdiction is a beneficiary of this Agreement and shall be entitled to enforce its terms and seek damages for its breach. 3. Entire Agreement. This Agreement supersedes any prior understanding or oral agreements between the parties with respect to the subject matter hereof and constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and there are no agreements, understandings, restrictions, representations or warranties among the parties with respect to the subject matter hereof other than those set forth herein or provided for herein. 4. Agreement Does Not Affect Other Rights, Obligations or Agreements. This Agreement does not supersede, modify or affect any other agreement that has been or may be entered into between Company and any other taxing jurisdiction or any other person or entity. 5. Modification of Agreement. This Agreement may be modified only by written consent of all parties. 6. Further Assurances. The parties covenant and agree that they will execute such other and further documents as are or may become necessary or convenient to effectuate and carry out the purpose of this Agreement, including specifically all payment in lieu of tax agreements sought by Users. 7. Severability. To the extent permitted by law, a holding by any court that any part or any provision in this Agreement is invalid, illegal or unenforceable in any respect, shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been a part of the Agreement. 8. Notices. Any notice permitted or required to be given must be in writing delivered in person or by certified U.S. Mail, return receipt requested, to the applicable party addressed as follows: C &C North America, Inc., d /b /a Cosentino North America Attn.: Mr. Hernando Diaz - Aravzo 1921 S. 16 Street La Porte, TX 77571 City of La Porte, Texas 604 W. Fairmont La Porte, Texas 77571 Attention: City Manager 9. Term of Agreement. This Agreement shall terminate upon the revocation or termination of the grant of foreign trade zone status by the Foreign Trade Zone Board with regard to the Facility. 10. Counterparts. This Agreement may be executed in multiple identical counterparts and when taken together shall constitute one and the same instrument. A facsimile or similar transmission of a counterpart signed by a party hereto or a copy of a counterpart signed by a party hereto will be regarded as an original signed by such party for purposes hereof. EXECUTED on the dates set forth below, but effective as of the last date executed by all the Parties. C & C North America, Inc., d/b /a Cosentino North America By: Mr. Timothy M. Walsh, EVP Date: CITY OF LA PORTE, TEXAS APPROVED AS TO FORM ASSIST. CITY ATTORNEY By: A gs By: ICA . Iouis ' . Rigby, Mr Clark Askins Date:" �} Date: 19 — Exhibit A (LEGAL DESCRIPTION OF PROPERTY AND COPY OF LEASE) ['PO RI %I. IA AST hy and boss cea PIS(.) INVUIS UNIEINTS, 1 .T1 P td aud C&C ViR 11 ANIP NICA, 4 Dateo .i, MA. /I, 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested March 14, 2011 Appropriation Requested By Mayor Rigby Source of Funds: Department: City Council Account Number: Report: Resolution: Ordinance: X . Amount Budgeted: Exhibits: Ordinance Amount Requested: B ■u'ge *ed I *ew• YTS NO SUMMARY & RECOMMENDATION Discuss and continue considering appointing members to the Re- districting Committee from the February 28, 2011 City Council Meeting. Ac on equired by Council: onsid:, ..p oving .4 ordinance appointing members to the Re- districting Committee. A !IM . M for la ouncil A enda I — 71, 5/ Ron Bottoms, City Manager Date ORDINANCE NO. 2011 -3322 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: Charles Harrington District 1: Nolan Allen District 2: Nanci Lotze District 3: Nancy Ojeda District 4: Mark Follis District 5: Paul Berner' District 6: Position A: Charles Montgomery Position B: Howard Ebow 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- Districting 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 14th day of March, 2011. CITY OF AP ••- E By: rte' A Loui.: . Ri• • 1 Mayor 2 4717 Patrice ag City Secretary APPROVEp : " Knox W. Askins City Attorney 3 16 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 3/14/11 Budget Requested: LP Safety Town Committee Chair_ Off_ Stanley Source of Funds: Departments. ' • _ Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Safety Town Power Point Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION On 7/26/10, City Council gave approval for the La Porte Safety Town Committee to begin (1) coordinating the Safety Town Project, (2) contacting potential public and private partners, and (3) exploring funding and land - options. Since that time, the committee has been working diligently on the project providing several presentations to community and industrial organizations while exploring land options for the ultimate construction of Safety Town. Support for the project has been overwhelming and the committee has identified a preferred site. The purpose of this presentation will be to provide City Council with an up -date on the committee's progress and seek City Council's input, guidance, and continued support for the proposed Safety Town Project and building site. Action Required by Council: Prov • e the . afety Town Committee with input, guidance, and support for the proposed Safety Town Project and b ding sit; recommendation. A • . ell for dl ouncil A • enda Ron : ott .,, City Manager Date ti 1110 w aivs 0 ,TOPok r.3 0 , ‘000 Cr 41 1 r*. O N "Z C " 04) Q - v) i.. 0° 4bc* SC13 C° ij 4 -ir 4 ' ' ,' 03 cool v) ef 0) o V ... _,...„ s. -a Q a a (1) �% C. � � a ' ca ? a oG t9 •- ' w 4 ��'" .moo la) 0 J , °X 4.- C CU CO ( � � y �W3 C Cif o O Yn� 1 u o • co O' u � cu Q) 0 tr1 Q j vi CO licrilli L ‘1131111 _c U O CI) 3 Z CO 0 ...-- Q co •d C 0 c a) _ CO cu car O c a) v #-Z o , u i..) 7--. ‘ S 1 (:) z d r i °11 alial 4. r - CO 0 „ ,� tin to C O- .r-+ (4.- t/414 c o 0 s.. 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Final plans have been approved by HCFCD. Consultant is in the process of bidding this project. • Fairmont Park East — Fleetwood Drive. Project is approximately 50% complete. In -House Design and Construction of City- initiated Projects. • South La Porte Bay Outfalls. Oakhurst — The bidding process is underway with anticipation of funding. • F -216 Regional Detention Project. Request for proposals is currently underway. • City -Wide De- silting of Major Channels — Award letter has been sent to Paskey, Inc. and contracts executed. Contractor will provide a schedule and anticipates mobilizing the week of March 14, 2011. • Coordination with Harris County Flood Control District. Staff presented the project list for HCFCD consideration. Projects with greatest benefit for the cost will be considered by the Drainage and Flooding Committee February 28, 2011 at 5:00 P.M. • Battleview area. Staff working on securing easements. Three of four easements have been secured. • East Main. The impact analysis is complete and is under review by HCFCD. The preliminary results do not show any impacts to the Water Surface Elevation in the receiving F212 Channel. In -House Drainage Maintenance Activities. • North Shady Lane. In an effort to provide for overland sheet flow, we were looking at a possible interconnect with Shoreacres due to the age of the existing waterline and the possibility of water service interruptions. We have determined that the interconnect with Shoreacres is not feasible with a 2" waterline. We will evaluate other design alternatives if feasible. • 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. Crews continue ditch grading in the Lomax and the North side areas. This work is expected to be complete by April 2011. The next target areas are the Side Streets off Broadway between Fairmont and McCabe. • South 8 Street. Project is substantially complete. • North and South 16 Streets. Design is in progress, we have received 60% complete plans for review and comment, 90% plans are expected by March 21, 2011.