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HomeMy WebLinkAbout06-27-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A JOHN BLACK Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 DARYLLEONARD Mayor Pro Tem Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte City Council to be held Monday, June 27, 2011, at 6:00 p.m., in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION – The invocation will be given by Michael J. Thannisch – Congregation Benin Avraham 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiance will be I ed by Councilmember Jay Martin 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Proclamation recognizing La Porte Bay Area Heritage Society Board Members Ann Malone, James Miller and Fred Muston – Mayor Rigby 5. ELECTION ORDINANCE AND OTHER ELECTION - RELATED ACTIONS (a) Administer the Oath of Office to Dottie Kaminski, newly elected Councilmember At- Large— Position B – Judge Denise Mitrano (b) Issue Certificate of Election to elected Councilmember At- Large— Position B, Dottie Kaminski – Mayor Rigby (c) Consider approval or other action regarding an ordinance appointing a Mayor Pro -Tem for a term commencing June 27, 2011, and expiring May 31, 2012 – Mayor Rigby 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) 7. CONSENT AGENDA – Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussion. (a) Consider approval or other action of minutes of the June 13, 2011, regular meeting and minutes of the June 20, 2011 special meeting of the City Council of the City of La Porte – P. Fogarty (b) Consider approval or other action regarding an ordinance approving and authorizing a contract for the collection of Delinquent Taxes with Perdue, Brandon, Fielder, Collins & Mott, L.L.P. for a three - year term – M. Dolby Page 1 of 3 June 27, 2011, City Council Agenda (c) Consider approval or other action regarding an ordinance amending the City of La Porte Water Conservation and Drought Contingency Plan — D. Mick (d) Consider approval or other action regarding an ordinance vacating, abandoning and closing a portion of the alley in Block 48, La Porte, Texas, Harris County — T. Tietjens (e) Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and the Internet Crimes Against Children Task Force — K. Adcox (f) Consider approval or other action of an agreement between the City of La Porte and the City of Morgan's Point for City Emergency 911 Dispatch and Jail Services, Fire Protection and Emergency Medical Services — K. Adcox (g) Consider approval or other action to direct the Planning Department to prepare a service plan for annexation of a 29 -acre tract of land, containing tracts owned by Ted Booher and CenterPoint Energy — C. Askins (h) Consider approval or other action regarding a Communications Proposal providing for the responsibilities related to the dissemination of public information — T. Leach /P. Fogarty 8. ORDINANCES (a) Consider approval or other action regarding an ordinance approving recommended revisions to Chapter 10 "Amusements," Article II "Coin- Operated Machines" of the Code of Ordinances of the City of La Porte — K. Adcox (b) Consider approval or other action regarding an ordinance appointing alternate members to a Re- Districting Committee and establishing its powers and duties — P. Fogarty (c) Consider approval or other action regarding an ordinance appointing permanent members of the Board of Directors to the La Porte Fire Control, Prevention and Emergency Medical Services District — P. Fogarty (d) Consider approval or other action regarding an ordinance making appointments to various boards, commissions, and committees — P. Fogarty 9. AUTHORIZATIONS (a) Consider approval or other action awarding bid #S11001, sale of Lot 25, Block 84 of the Town of La Porte, Harris County, Texas, to the highest bidder — S. Cream (b) Consider approval or other action authorizing the Mayor to s ign letter to the T exas Department of Rural Affairs regarding federal fair housing laws — T. Tietjens (c) Consider approval or other action awarding RFP #11504 and auth orizing the City Manager to enter into a contract with Paskey, Inc., for construction of Little Cedar Bayou Linear Detention — J. Garza 10. DISCUSSION OR OTHER ACTION (a) Discussion or other action authorizing acceptance of property donation to the City of La Porte from the Jack Cook estate, regarding three lots in Shady Oaks subdivision (407 South Shady Oaks) — Lots 22D and 23D and Lot 24D and four lots and two half lots in Page 2 of 3 June 27, 2011, City Council Agenda the Town of La Porte subdivision (201 N. 11 Street) Lots 15 -18 & S1/2 of 19, Block 72 - T. Tietjens 11. PUBLIC HEARING AND ORDINANCE (a) Continue public hearing from April 25, 2011, regarding condemnation of substandard building located at 1307 E. Main St. — D. Wilmore Consider approval or other action regarding an ordinance condemning building located at 1307 E. Main St. — D. Wilmore 12. RECEIVE REPORT from Fiscal Affairs Committee - Councilmember Engelken 13. RECEIVE REPORT from La Porte Development Corporation Board - Councilmember Engelken 14. STAFF REPORTS (a) Receive Report on Ike Update and the Blue Tarp Assessment list requesting direction from Council - D. Wilmore 15. ADMINISTRATIVE REPORTS - R. Bottoms July 4, 2011- City Offices Closed July 15 -16, 2011 - Newly Elected City Officials' Orientation through TML - Irving, TX August 8 -12, 2011 City Council Budget Workshop Meetings 16. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES - Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, and Mayor Rigby 17. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 18. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 19. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the June 27, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on June 22, 2011. Patrice Fogarty, Sec etary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of 1 2011. Title: Page 3 of 3 June 27, 2011, City Council Agenda Council Cover Sheet June 27, 2011 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Proclamation recognizing La Porte Bay Area Heritage Society Board Members- Ann Malone, James Miller and Fred Muston — Mayor Rigby ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** O ffi Ce WHEREAS, The City of.L a Por te, 1Wa} %or" and Council alon 1 -VLth the La Porte Bay Area Heritage, Society Board Yembers, r 117 - 'G'e mornbers who have g©ne above and beyond in their efforts to not only resurrect the "Old Jriginal La Porte Library" at the La Porte Railroad Depot Museum, but to also spearhead a prograrri which has enabled the mw.sezan to be open to the public every Saturday and Sunday,for° the last three years. We are all very proud to vecognize these indiviclzials' corhtr•ibzrtior?s, and are look ,, forward to hearing about their inany achievements in the future and,. WHEREAS, Ann :411a tome has been a resident of La .Forte since 1957 and a member of the La Porte BayAr(a Heritage Society since 2005. Ann has worked diligently in the past sip years with the Heritage Society coordinating fiend raisers, securing historical documents, photographs and ar trfacts and assisting with authorin books and narrated videos 071 the. history of I a Porte, and, 'HEREAS, .daa yes Miller has been a resident of La Porte since 1937 when he was in the P grade and o wenaber° of the La Porte Bay Area Heritage Society since 1995. Jcvnes has been invaluable to the Heritage Society with his knowledge of La Porters history and with his abilities to work with his hands to build things and make repairs when needed at the Depot)I,1Ivseum; and WHEREAS, red jIvI aVota has been a resident of La Porte since 19601 and a member of the La Porte Boy Area Heritage Society Board since 1990. Fred has been instrumental an his efforts to preserve the history and heritage of La Porte and is well deserving of this recognition, anc,�. WHEREAS, all of your contributions to help preserve tine City cf Porte rs heritage are invaluable and each of yo?i are i yell deserving of this recognition. 1Yoiv therefore 1, t Louis R. Rigby, Mayor a�f 912e C :� rlf La Porte, do hereby recognize these r,7einbers of the L a Porte B ay Area. Heritage Society and proclariI77 Juno 27, 2011, as "' Ma Io P. e, Ja, n i es M1Ifer, and 1 real11 gh-s o. ay In Witness lYheraof.' I have hereto set rrr); ?rand c "rr?cl c °arrrsLcl ll;e Sear of "the Cit); lit he affixedher'eto, this the 27"' da A ( '1 TJ 7 7 �!��is R Rii�.YYayop Council Cover Sheet June 27, 2011 5. ELECTION ORDINANCE AND OTHER ELECTION - RELATED ACTIONS (a) Administer the Oath of Office to Dottie Kaminski, newly elected Councilmember At -Large Position B — Judge Denise Mitrano (b) Issue Certificate of Election to elected Councilmember At- Large B position, Dottie Kaminski — Mayor Rigby (c) Consider approval or other action regarding an ordinance appointing a Mayor- Pro -Tem for a term commencing June 27, 2011, and expiring May 31, 2012 — Mayor Rigby ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Mayor Louis Rigby Department: Cite Council Report: Resolution: Ordinance X Exhibits: Ordinance Exhibits: Exhibits: Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Council is authorized to appoint a Mayor Pro -Tem of the City of LaPorte, for a term commencing June 27, 2011, and expiring May 31, 2012. The Mayor Pro -Tem will serve during the absence or incapacity of the Mayor and shall do all things, perform all duties, and have all power and duties of the Mayor of the City of La Porte during such absence or incapacity of the Mayor. Action Required by Council: Adopt the ordinance appointing a Mayor Pro -Tem. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011- AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO -TEM OF THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD JUNE 27, 2011, THROUGH MAY 31, 2012; 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 P orte hereby appoints to serve as Mayor Pro -Tem of the City of La Porte, for the period June 27, 2011, through May 31, 2012, or until a successor shall have been duly appointed and qualified. Section 2. The Mayor Pro -Tem shall serve in such office during said term, during the absence or incapacity of the Mayor and shall do all things, perform all duties, and in fact have all the powers and duties of the Mayor of the City of La Porte during such absence or incapacity of the Mayor. 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 f ormally 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 the day of June, 2011. CITY OF LA PORTE IN Louis Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney Consent Cover Sheet June 27, 2011 6. PETITIONS, REMONTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Cover Sheet June 27, 2011 7. CONSENT AGENDA- Consent agenda items are considered routine by the City Council and will be enacted by one motion. A councilmember may remove any item for discussion. (a) Consider approval or other action of minutes of the June 13, 2011, regular meeting and minutes of the June 20, 2011 special meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding an ordinance approving and authorizing a contract for the collection of Delinquent Taxes with Perdue, Brandon, Fielder, Collins & Mott, L.L.P., for a three year term — M. Dolby (c) Consider approval or other action regarding an ordinance amending the City of La Porte Water Conservation and Drought Contingency Plan — D. Mick (d) Consider approval or other action regarding an ordinance vacating, abandoning and closing a portion of the alley in Block 48, La Porte, Texas, Harris County — T. Tietjens (e) Consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and the Internet Crimes Against Children Task Force — K. Adcox (f) Consider approval or other action of an agreement between the City of La Porte and the City of Morgan's Point for City Emergency 911 Dispatch and Jail Services, Fire Protection and Emergency Medical Services — K. Adcox (g) Consider approval or other action to direct the Planning Department to prepare a service plan for annexation of a 29- acre tract of land, containing tracts owned by Ted Booher and CenterPoint Energy — C. Askins (h) Consider approval or other action regarding a Communications Proposal, providing for the responsibilities related to the dissemination of public information — T. Leach /P. Fogarty ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A JOHN BLACK Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 DARYLLEONARD Mayor Pro Tem Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 13, 2011 The City Council of the City of La Porte met in regular meeting on Monday, June 13, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Mosteit, Engelken, Moser, Clausen, and Martin. Absent: Councilmember Black. A ISO present were City Manager Ron Bottoms, City Secretary Patrice Fogarty, and Assistant City Attorney Clark Askins. 2. INVOCATION — The Invocation was given by Brian Christen of La Porte Community Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance was led by Councilmember Mike Clausen. 4. PRESENTATIONS /PROCLAMATIONS (a) Office Manager Melisa Boaze provided presentation "Through the Eyes of a 6 th Grader Project." There were three Baker 6 th Grade Campus students present for the presentation. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to five minutes) Penny Garcia, 3110 Oaken Ln., La Porte, Texas, addressed City Council regarding what she believes should be changes made to the existing noise ordinance. Ms. Garcia has documentation of noise (low frequency bass) coming from Fairmont Park Church creating a disruption in her home. In addition to the noise, a flag football field is located at the Church adding to the noise nuisance when teams are playing and or practicing flag football. Ms. Garcia has asked the church to move the field 100' away from her fence. Ms. Garcia asked Council to find a solution. 6. CONSENT AGENDA (a) Consider approval or other action of minutes of the May 19, 2011, special meeting and minutes of the May 23, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding an ordinance approving an amendment to the budget for the City of La Porte, Texas, for the period of October 1, 2010 through September 30, 2011 — M. Dolby (c) Consider approval or other action approving an ordinance vacating, abandoning and closing a portion of the alley in Block 327, La Porte, Harris County, Texas — T. Tietjens Page 1 of 5 June 13, 2011, City Council Meeting Minutes (d) Consider approval or other action approving an ordinance vacating, abandoning and closing a portion of the alley in Block 164, La Porte, Harris County, Texas — T. Tietjens (e) Consider approval or other action to enter into contract for construction, striping and signage of bicycle street paths, on Driftwood St. and on East "E" St. — S. Barr (f) Consider approval or other action to enter into contract for construction of S heet Flow Relief Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions — J. Garza (g) Consider approval or other action authorizing the City Manager to execute Change Order #1 to construct approximately 40 1 inear feet of 16 -inch diameter water main for 25 Street Water Plant improvements — D. Mick (h) Consider approval or other action of an ordinance amending Chapter 74, "Utilities," Article 11, "Industrial Waste," of the Code of Ordinances of the City of La Porte, regulating the discharge of industrial waste into public sewers — D. Mick (i) Consider approval or other action of a resolution authorizing funding for the C ity of La Porte Industrial Waste Pretreatment Program as approved by the Texas Commission on Environmental Quality — D. Mick Assistant City Attorney Clark Askins read the caption of Ordinance 3354 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 TH ROUGH SEPTEMBER 20, 2011; FINDINGTHAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3355 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 327, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16) FOOT WIDE SANITARY SEWER EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3356 AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 164, LA PORTE, HARRIS COUNTY, TEXAS, RETAINING A SIXTEEN (16) FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3357 AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES, ARTICLE 11, "INDUSTRIAL WASTE ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BED EEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN APPENDIX B OF THE CODE OF ORDINANCES OF THE Page 2 of 5 June 13, 2011, City Council Meeting Minutes CITY OF LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the c aption of R esolution 2011 -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS AUTHORIZING FUNDING FOR THE CITY OF LA PORTE INDUSTRIAL WASTE PRETREATMENT PROGRAM AS APPROVED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Consent Items B and E were pulled for discussion and comments Regarding Item B, Councilmember Moser had questions on the location of Park Zone 2. Stephen Barr informed Council that Fairmont Park was the location. Regarding Item E, Councilmember Martin had questions on the amount that was budgeted and requested for the contract. Stephen Barr provided an explanation of the budget estimate process. Councilmember Martin requested this item be voted on separately. Councilmember Engelken moved to approve the Consent Agenda Items A, B, C, D, F, G, H, & I pursuant to recommendations by City Staff. C ouncilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Martin, Moser, Zemanek, Leonard and Engelken Nays: None Absent: Councilmember Black Councilmember Clausen moved to approve the Consent Agenda Item E pursuant to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Mosteit, Clausen, Zemanek, Leonard and Engelken Nays: Councilmembers Martin and Moser Absent: Councilmember Black Consent Agenda Item E awarded Quote 1114 to Tex acore Construction Specialties for construction, striping and signage for a bicycle path of Driftwood St. and east "E ": St. and a 10% project contingency, for a total requested amount of $55,000. Consent Agenda Item F awarded Bid 11023 to Paskey, Inc. in the amount of $921, 716.09 and further authorizing a 5% contingency of $ 46, 085.80 for a total amount of $967, 801.89 for construction of Sheet Flow Relief Structures for Brookglen, Creekmont, and Fairmont Park West Subdivisions. Consent Agenda Item G authorized the City Manager to execute change order # 1 to R &B Group Inc. in the am ount of $13,792.08 to i nstall an addi tional 40 feet of waterline and fittings. 7. Receive Report from La Porte Development Corporation Board — Councilmember Engelken Councilmember Engelken provided a report from the La Porte Development Corporation Board. Page 3 of 5 June 13, 2011, City Council Meeting Minutes 8. STAFF REPORTS (a) Receive report on Underground Fuel Tanks — D. Wilmore (b) Receive yearly report from Fire Marshal, EMS and Fire Departments Chief Building Official Debbie Wilmore provided a report on Underground Fuel Tanks. The report shows 1702 S. Broadway and 3104 S. Broadway not to hav a tanks at those locations. 1708 S. Broadway has three tanks at the location. Councilmember Zemanek requested the annual taxes on the property. Ms. Wilmore will provide the annual taxes of the property. Ms. Wilmore reported $97,310.00 as the total valuation of the property and $57,000.00 for the building. Taxes are delinquent for 2009 and 2010. Councilmember Clausen asked if the tank was registered with the TCEQ (Texas Commission on Environmental Quality). Ms. Wilmore reported there is a July 6th deadline for $3,046.00 in penalties. Councilmember Clausen also questioned if the City would be able to remove the tanks. Mayor Rigby directed Ms. Wilmore to contact TCEQ to see if the City would be allowed to remove the tanks. EMS Chief Ray Nolen provided a yearly report for the EMS Department. Mayor Rigby questioned whether the 3 d 4 and 5 outs are due tot he City being in contracted areas. Chief Nolen replied that he is unable to determine that. Fire Chief Mike Boaze provided the yearly Fire Suppression report, and Clif Meekins provided the yearly Fire Prevention report for the Fire Department. 9. ADMINISTRATIVE REPORTS — R. Bottoms City Manager Ron Bottoms had no additions to the Administrative Reports. June 20, 2011 — Special Meeting to Canvass the runoff election July 15 -16, 2011 — Newly Elected City Officials' Orientation through TML — Irving, TX 10. COUNCIL COMMENTS — Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policy — Councilmembers Clausen, Martin, Moser, Zemanek, Leonard, Engelken Mosteit and Mayor Rigby. Councilmember Clausen did not have any comments. Councilmember Martin congratulated Dottie Kaminski on being elected into office. Councilmember Moser congratulated Dottie Kaminski on being elected into office and gave his condolences to the Ladd fam ily. Councilmember Zemanek congratulated Dottie Kaminski on being elected into office and gave his condolences to the Ladd family. Councilmember Engelken congratulated Dottie Kaminski on being elected into office. Councilmember Mosteit gave his condolences to the Ladd family and congratulated Dottie Kaminski on being elected into office. Mayor Rigby also Councilmember Engelken congratulated Dottie Kaminski on being elected into office. 11. EXECUTIVE SESSION Notice was given that the City Council will meet in a closed session in accordance with the following provision of the Texas Open Meetings Act: Texas Government Code, Section 551.071(2) — Consultation with City Attorney — discuss legal options for nuisance abatement in La Porte Outlots 623, 624 and 635. Council recessed the regular meeting to convene an executive session at 7:28 p.m. concerning legal options for nuisance abatement in La Porte Outlots 623, 624 and 635. Page 4 of 5 June 13, 2011, City Council Meeting Minutes 12. RECONVENE into regular session and consider action, if any, on items discussed in executive session. Council adjourned the Executive Session at 8:02 p.m. and reconvened the regular session. Council gave staff direction to initiate annexation proceeding against Outlots 623, 624 and 635. 13. ADJOURN There being on further business, at 8:03 p.m., Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on June 27, 2011. Mayor Louis R. Rigby Page 5 of 5 June 13, 2011, City Council Meeting Minutes LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A JOHN BLACK Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 DARYLLEONARD Mayor Pro Tem Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 MINUTES OF A SPECIAL CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE JUNE 20, 2011 The City Council of the City of La Porte met in a special called meeting on Monday, June 20, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00 p.m. to consider the following items of business: 1. Call to Order Mayor Rigby called the meeting to order at 5:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Engelken, Moser, Martin and Clausen. Absent: Councilmembers Mosteit and Black. A ISO present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and City Attorney Knox Askins. 2. Election Ordinance (a) Consider approval or other action regarding an Ordinance declaring the results of the City of La Porte Runoff Election held on June 11, 2011, for the election of a Councilperson- At Large Position B, and providing for other matters relating to the subject — Mayor Rigby City Attorney Knox Askins read the caption of Ordinance No. 3358: AN ORDINANCE DECLARING THE RESULTS OF A RUNOFF ELECTION HELD IN THE CITY OF LA PORTE, TEXAS ON JUNE 11, 2011, FOR THE ELECTION OF A COUNCILPERSON -AT -LARGE POSITION B, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The election returns were read as follows, indicating Dottie Kaminski is elected: Councilperson - At - Large Position B Dottie Kaminski - 704 votes Rick Guzman — 699 votes Councilmember Engelken moved to adopt Ordinance No. 3358. C ouncilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Engelken, Moser, Clausen and Martin Nays: None Absent: Councilmembers Black and Mosteit 3. Council Comments: Matters appearing on agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policy — Councilmember's Engelken, Clausen, Moser, Zemanek, Leonard, and Mayor Rigby. Councilmembers Clausen, Martin, Zemanek, Leonard, Engelken and Mayor Rigby congratulated Dottie Kaminski on being elected into office. Page 1 of 2 June 20, 2011, City Council Meeting Minutes 4. Adjournment There being no further business, the meeting adjourned at 5:05 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on June 27, 2011. Mayor Louis R. Rigby Page 2 of 2 June 20, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Michael Dolbv Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Contract for the Collection of Delinauent Taxes Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City currently has an agreement with Perdue, Brandon, Fielder, Collins & Mott, L.L.P., for the collection of Delinquent Taxes. The City initially entered into this agreement and structured the term to end at the same time the contract with the school district ended. The La Porte Independent School District (LPISD) has extended its contract with Perdue, Brandon Fielder, Collins & Mott, L.L.P. Since it is to the City's advantage to utilize the same firm, staff is requesting the same terms that the school has approved, which is three years with a tN -,°o year renewal. This firm has represented the City in a professional and courteous manner and has consistently improved the collection rate of delinquent taxes. The firm has collected over $700,000 dollars in the last three years and assisted the La Porte Tax Office in selling numerous Tax Foreclosure Properties. City staff is extremely pleased with the services the firm has provided. Action Required by Council: Adopt Ordinance approving and authorizing a Contract for the Collection of Delinquent Taxes with Perdue, Brandon, Fielder, Collins & Mott, L.L.P. for a three -year tern beginning July 1, 2011, and ending June 30, 2014, with a two-near renewal, and on a month -to -month basis thereafter. Approved for City Council Agenda Ron Bottoms, City Manager Date . E f M Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the tittle of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La forte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. GIDINANCE NO. 2011 a. PAGE 2 PASSED AND APPROVED this 27th day of ,Tune, 20 CITY OF LA PO RTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary f � Lx-� 11 � 1--7- - Clary Aslcins, City Attorney CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS § COUNTY OF HARRIS § THIS CONTRACT is made between the CITY OF LA PORTE a political subdivision of the State of Texas, acting by and through its CITY COUNCIL, hereinafter called Taxing Authority, and PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P., Attorneys at Law, Houston, Texas, or their duly authorized representatives, hereinafter called the Firm. I. Taxing Authority agrees to employ and does hereby employ the Firm to enforce by suit or otherwise, the collection of all delinquent taxes, penalty and interest, owing to the Taxing Authority which the Taxing Authority's Tax Collector refers to the Firm, provided current years taxes becoming delinquent within the period of this contract shall become subject to its terms upon the following conditions: A. Taxes that become delinquent during the term of this Contract that are not delinquent for any prior year become subject to the terms of this Contract on the 1 st day of July, of the year in which they become delinquent; and B. Taxes that become delinquent during the term of this Contract on property that is delinquent for prior years shall become subject to its term on the first day of delinquency when such property under litigation or comes under litigation or is referred to the Firm for collection by the Taxing Authority's Tax Collector. C. Taxing Authority reserves the right to make the final decision as to whether or not to enforce by suit any delinquent tax account turned over to the Firm for collection. II. The Firm is to call to the attention of the collector or officials any errors, double assessments or other discrepancies coming under their observance during the progress of the work and is to intervene on behalf of the Taxing Authority in all suits for taxes hereafter filed by any taxing unit on property located within its taxing jurisdiction. III. The Firm agrees to make progress reports to the Taxing Authority on request, and advise the Taxing Authority of all cases where investigation reveals taxpayers to be financially unable to pay their delinquent taxes. IV. The Firm further incorporates its written proposal to collect delinquent taxes into this contract and agrees to perform in accordance thereto. All activities performed by the Firm in connection with this contract (i.e. title research and publications costs are at no out of pocket costs to the taxing authority). V. Taxing Authority agrees to pay the Firm as compensation for services rendered hereunder twenty (20 %) percent of the total amount of all delinquent taxes, penalty and interest which are subject to this contract and which are actually collected and paid to the Taxing Authority's Collector of Taxes, when an equal amount of Section 33.07 or 33.08 penalties is recovered from the taxpayer. Other taxes, including current taxes, which are turned over to the Firm by the Taxing Authority's Tax Assessor - Collector because of the necessity of filing claims in Bankruptcy, with other Federal authorities, or for other reasons, shall become subject to the terms of this contract at the time they are turned over to the Firm and the Firm shall be entitled to the appropriate percentage, as set forth above, of any amounts of delinquent taxes, penalties, and interest actually received by the Taxing Authority, and also the appropriate percentage, as set forth above, of current taxes actually received by the Taxing Authority when such percentage is actually recovered from the taxpayer, if collected prior to July 1 st of any tax year. VI. Taxing Authority agrees to furnish to the Firm all data and information in its possession as to the name and address of the taxpayer, the legal description of the property, years and amount of taxes due. Taxing Authority further agrees to update said information by furnishing a list of paid accounts and adjustments to the Tax Roll as necessary. Section 33.48(a) (4) of the Texas Property Tax Code provides: "In addition to other costs authorized by law, a taxing unit is entitled to recover... reasonable expenses that are incurred by the taxing unit in determining the name, identity and location of necessary parties and in procuring necessary legal descriptions of the property on which a delinquent tax is due:..." Attorney agrees to advance on behalf of Taxing Authority such costs and expenses. In consideration of the advancement of such costs and expenses by the Attorney, Taxing Authority assigns its right to recover the same to the extent approved by the Court and /or customarily and usually approved by the Court. Attorney expressly waives any claim against Taxing Authority for uncollected costs or expenses. VII. This Contract shall commence on JULY 1, 2011 and continue in force and effect until JUNE 30, 2014 provided, however, that Taxing Authority shall have the right to terminate this agreement by giving the Firm thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that the Firm shall have an additional six (6) months to collect or reduce to judgment all tax suits and /or claims filed prior to the date this agreement becomes terminated. On June 30, 2014 this contract, and all of the terms and conditions, shall automatically renew for an additional two (2) year term unless terminated pursuant to this provision by the Taxing Authority in writing delivered to the Firm not less than 60 days prior to the expiration date of the intitial 3 year term. After the renewal this contract, and all of its terms and conditions, shall automatically renew and be effective on a month to month basis until terminated by the other parties hereunder. VIII. Every provision of this Agreement is intended to be severable. If any term or provision hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the validity of the remainder of this Agreement, it being intended that such remaining provisions shall be construed in a manner most closely approximating the intention of the Parties with respect to the illegal, invalid, void or unenforceable provision or part thereof. In consideration of the terms and compensation here stated, the Firm hereby accepts said employment and undertakes the performance of this Contract as above written. This Contract is executed on behalf of the Taxing Authority by the presiding officer of its governing body who is authorized to execute this instrument by Order heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in duplicate originals this the 27th day of June, A.D., 2011, Harris County, Texas. PERDUE, BRANDON, FIELDER COLLINS & MOTT, L.L.P. Attorneys at Law 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862 -1860 (713) 862 -1429 Fax BY: JASON L. BAILEY CITY OF LA PORTE BY: RON BOTTOMS, CITY MANAGER ATTEST: PATRICE FOGARTY CITY SECRETARY REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste .Tune 27, 2011 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: XX Exhibits: City of La Porte Plan (markup) Exhibits: City of La Porte Plan (clean) Exhibits: proposed Ordinance Appropriation Source of Funds: N/A Account Numbe N/A Amount Budgeted /A Amount Requeste Budgeted item: N/A SUMMARY & RECOMMENDATION The City of La Porte's Water Conservation and Drought Contingency Plan is adopted by City Council ordinance. The plan was most recently Updated in 2009 by Ordinance 2009 -3136. Council is aware that the city water Usage surpassed the plan trigger for Stage 1 "Mild Conditions" drought contingency on June 15, 2011. Staff is recommending three changes to the current plan in the event that it becomes necessary to proceed with Stage 2. Revision #1: Add a provision to the Stage 2 "Moderate Conditions" plan providing for a surcharge in the User's water bill of 50% with a violation of the mandatory water use restrictions outlined in the plan. There are already provisions in the Stage 3 "Severe Conditions" component of the plan for a surcharge of 100% - 200% for excessive water Lase. The current plan does not include a penalty associated with Stage 2. Note that a typical residential water bill is approximately $70 /month. Revision #2: The current plan includes a lawn watering schedule for the Stage 2 condition of every other day during restricted hours with the odd - numbered addresses watering on even - numbered dates, even - numbered addresses watering on odd - numbered dates. Staff would like to revise this to an odd /odd, even /even lawn watering schedule. Revision #3: Update the public notification process outlined in the Information/Education component of the plan to reflect the media outlets now available to the City. Other considerations: This is a change to the City of La Porte plan. Staff will advise the La Porte Area Water Authority (LPAWA) of the revisions to the city plan and route any future revisions the Water Authority plan through their board before bringing that plan back to City Council. As of June 16, the total Water Authority Usage remains well below the Stage 1 plan trigger because the LPAWA Plan considers surface water consumption only. This differs from the City plan which considers both surface and ground water consumption. Staff has been advised by the City Attorney's Office that any city employee can likely qualify as a witness to confirm a violation of the mandatory components of the plan as long as they document each episode in writing. Action Required by Council: Approve new ordinance amending the City's Water Conservation and Drought Contingency Plan. Approved for City Council Agenda Ron Bottoms, City Manager Date mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2).doc CITY OF LA PORTE DROUGHT CONTINGENCY PLAN A. INTRODUCTION Drought, or a number of other uncontrollable circumstances, can disrupt the normal availability* of community or utility water supplies. Even though a city may have an adequate water supply*, the supply* could become contaminated, or a disaster could destroy the supply*. During drought periods, consumer demand is often significantly* higher than normal. Some older systems, or systems serving rapidly* growing areas, may not have the capacity* to meet higher than average demands without system failure or other unwanted consequences. System treatment, storage, or distribution failures can also present a city* or utility* with an emergency* demand management situation. It is important to distinguish drought contingency* planning from water conservation planning. While water conservation involves implementing permanent water use efficiency* or reuse practices, drought contingency* plans establish temporaiv methods or techniques designed to be used only* as long as an emergency* exists. An effective drought contingency* plan will need to include the following six elements: 1. Trigger Conditions signaling the start of an emergency* period; 2. Drought contingency* measures; 3. Information and education; 4. Initiation procedures; 5. Termination notification actions; and 6. Means of implementation. B. SYSTEM CONSTRAINTS The La Porte Area Water Authority* is composed of three (3) entities - the cities of La Porte, Morgan's Point, and Shoreacres. The Authority* purchased production capacity* from the City of Houston's Southeast Water Purification Plant. In addition, the Authority* purchased pumping capacity*, or peaking capacity*, at 1.25 times the production capacity*. Listed below is the production and pumping capacity* for each entity*, together with total capacity*. CUSTOMER PRODUCTION PUMPING CAPACITY CAPACITY (MGD) (MGD) La Porte 6302 7.879 Morgan's Point 0.555 0.69= Shoreacres 0.343 0.429 TOTAL 7.20 9.000 ' 2001 Capacity Figures Page 1 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2).doc In addition, each entity has the ability to supply* its entire water supply* through groundwater production from wells. After 1990, the Harris - Galveston Coastal Subsidence District decreed that no more than ten per cent (10 %) of each entity's yearly water production can be produced from groundwater. Although additional pumping capacity* is planned for peals purposes, groundwater production will be utilized for peaking purposes whenever possible. Temporaii- reductions or disruptions in surface water supply* can be offset by increased groundwater withdrawals. Careful monitoring and management of groundwater withdrawal is necessaiv to avoid exceeding the yearly ten per cent (10 %) limit above. Long -term reductions or disruptions in surface water supply* would require special permission from the Subsidence District to exceed allowable groundwater withdrawal. It is anticipated that conservation measures would be required by the District to allow increased groundwater vvithdravval. C. TRIGGER CONDITIONS Production amounts are based on a seven (7) day* average daily* demand, and include the permitted withdrawal of groundwater. 1. Mild Conditions: a. Surface water demand approaching 6,933,000 gallons/day (80% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority* is 80% of the reduced pumping capacity*. 2. Moderate Conditions a. Surface water demand approaching 7,799,000 gallons/day (90% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point that the aggregate demand of the Authority* is 90% of the reduced pumping capacity*. 3. Severe Conditions a. Surface water demand approaching 8,666,000 gallons/day (100% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, Page 2 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2).doc b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 100% of the reduced pumping capacity. 4. Critical Conditions a. Surface water demand exceeds 8,660,000 gallons /day. Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority exceeds the reduced production, including complete failure of the plant to produce any water. D. EMERGENCY MANAGEMENT PROGRAM The following actions shall be taken by the City when Trigger conditions are reached: 1. Mild Conditions {g, a. Inform the public through the news media that a trigger condition has been reached, and that they should look for waN-s to voluntarily reduce water use. Specific steps which can be taken will be provided through the news media. b. Notifi- major commercial water users of the situation and request voluntaiv water use reductions. c. Publicize a voluntaiv lawn watering schedule. d. During winter months, request water users to insulate pipes rather than running water to prevent freezing. Moderate Conditions ta�� a. Continue implementation of all relevant actions in preceding phase. b. Car washing, window washing, pavement washing prohibited except when a bucket is used. c. The following mandatoiv lawn watering schedule shall be implemented: Customers with even numbered street addresses may water on qe numbered days of the month. Customers with odd numbered street addresses may water an numbered days of the week. Watering shall only occur between the hours of 6 -10 a.m. and 8 -10 p.m. d. The following public water uses, not essential for public health or safety, are prohibited: Page 3 of 5 mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2).doc e. f.Notiflcation shall be made to the Executive Director, within 5 business days of the implementation of any mandatoiv provisions of the Drought Contingency Plan. 3. Severe Conditions & UL ad a. Continue implementation of all relevant actions in preceding phase; b. All outdoor use is prohibited. Such use includes, but is not limited to the following: lawn watering, car washing, pavement washing; c. Implement a user surcharge for excessive water use, as follows: 5/8" meter over 5,000 gallons /month 200% 1 -1 1/2" meter over 10,000 gallons /month 200% 2" and larger over 15,000 gallons /month 200% 2" and larger over 20,000 gallons /month 300% 4 Critical Conditions �Sta�� a. Continue implementation of all relevant actions in preceding phase. b. Petition the Harris- Galveston Coastal Subsidence District for appropriate increase in allowable groundwater withdrawal. c. Ration or terminate water service to selected portions of the system according to the following order: 1. Industrial /Institutional Users 2. Commercial Users 3. Residential Users 4. Public Health and Safety Facilities d. Individual users may request a variance from water curtailment by appealing to the City Manager. The City Manager's decision will be final. 5. S 2eci is Targets for Water Use Reduction a. Mild Condition Goal To achieve a voluntary 10 percent reduction in daily water use. b. Moderate Condition Goal -To achieve a 1.5 percent reduction in daily water use. Page 4 of 5 1. street washing 2. water hydrant flushing 3. filling pools 4. athletic field watering mark up Drought Contingency Plan- La Porte June 2011 Updatedoc (2).doc c. Severe Condition Goal - To achieve a 25 percent reduction in daily water use. d. Critical Condition Goal To achieve a 30 percent reduction in daily water use. E. INFORMATION /EDUCATION As a component of the Information /Education section in the Water Conservation Plan, the purpose and effect of the Drought Continaencv Plan will be communicated to the public F. IMPLEMENTATION /ENFORCMENT The plan shall be implemented by Ordinance of the City Council of the city* of La Porte. Included in the adoption instrument will be individual trigger conditions for the city*. A copy of the adoption vehicle is found in Appendix B. It will be the responsibility of the City of La Porte Public Works Director to monitor, through the utility department, the status of the water supply* and distribution system. When a trigger condition is reached, the Public Works Director will notifi- the public through its information program, of the implementation of the Drought Contingency* Plan. The Public Works Director will continue to monitor the water emergency* until it is determined that the trigger condition no longer exists. When this takes place, the Public Works Director will notifi- the public of such, and the Drought Condition Abatement procedures will be implemented. G. UPDATE OF TRIGGER CONDITIONS Once a year, the City will examine the production requirements and ability* to maintain these requirements to determine if trigger conditions need to be reestablished. Consideration should be given to the cityT's usage in relation to the aggregate usage, and any anticipated increase in production at the Southeast Water Purification Plant. Page 5 of 5 Throughout the period of a trigger condition, regular zt�cl,uPsat will appear tp the yaraq to explain and educate the public on the purpose, cause, and methods of conservation for that condition. Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3).docx CITY OF LA PORTE DROUGHT CONTINGENCY PLAN A. INTRODUCTION Drought, or a number of other uncontrollable circumstances, can disrupt the normal availability* of community or utility water supplies. Even though a city may have an adequate water supply*, the supply* could become contaminated, or a disaster could destroy the supply*. During drought periods, consumer demand is often significantly* higher than normal. Some older systems, or systems serving rapidly* growing areas, may not have the capacity* to meet higher than average demands without system failure or other unwanted consequences. System treatment, storage, or distribution failures can also present a city* or utility* with an emergency* demand management situation. It is important to distinguish drought contingency* planning from water conservation planning. While water conservation involves implementing permanent water use efficiency* or reuse practices, drought contingency* plans establish temporaiv methods or techniques designed to be used only* as long as an emergency* exists. An effective drought contingency* plan will need to include the following six elements: 1. Trigger Conditions signaling the start of an emergency* period; 2. Drought contingency* measures; 3. Information and education; 4. Initiation procedures; 5. Termination notification actions; and 6. Means of implementation. B. SYSTEM CONSTRAINTS The La Porte Area Water Authority* is composed of three (3) entities - the cities of La Porte, Morgan's Point, and Shoreacres. The Authority* purchased production capacity* from the City of Houston's Southeast Water Purification Plant. In addition, the Authority* purchased pumping capacity*, or peaking capacity*, at 1.25 times the production capacity*. Listed below is the production and pumping capacity* for each entity*, together with total capacity*. CUSTOMER PRODUCTION PUMPING CAPACITY CAPACITY (MGD) (MGD) La Porte 6302 7.879 Morgan's Point 0.555 0.69= Shoreacres 0.343 0.429 TOTAL 7.20 9.000 ' 2001 Capacity Figures Page 1 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3).docx In addition, each entity has the ability to supply* its entire water supply* through groundwater production from wells. After 1990, the Harris - Galveston Coastal Subsidence District decreed that no more than ten per cent (10 %) of each entity's yearly water production can be produced from groundwater. Although additional pumping capacity* is planned for peals purposes, groundwater production will be utilized for peaking purposes whenever possible. Temporaiv reductions or disruptions in surface water supply* can be offset by increased groundwater withdrawals. Careful monitoring and management of groundwater withdrawal is necessaiv to avoid exceeding the yearly ten per cent (10 %) limit above. Long -term reductions or disruptions in surface water supply* would require special permission from the Subsidence District to exceed allowable groundwater withdrawal. It is anticipated that conservation measures would be required by the District to allow increased groundwater withdrawal. C. TRIGGER CONDITIONS Production amounts are based on a seven (7) day* average daily* demand, and include the permitted withdrawal of groundwater. 1. Mild Conditions: a. Surface water demand approaching 6,933,000 gallons/day (80% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority* is 80% of the reduced pumping capacity*. 2. Moderate Conditions a. Surface water demand approaching 7,799,000 gallons/day (90% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, b. Production at the Southeast Water Purification Plant reduced to a point that the aggregate demand of the Authority* is 90% of the reduced pumping capacity*. 3. Severe Conditions a. Surface water demand approaching 8,666,000 gallons/day (100% of the pumping capacity* owned by the Authority* at the Southeast Water Purification Plant plus allowed groundwater withdrawal). Or, Page 2 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3).docx b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority is 100% of the reduced pumping capacity. 4. Critical Conditions a. Surface water demand exceeds 8,660,000 gallons /day. Or, b. Production at the Southeast Water Purification Plant reduced to a point such that the aggregate surface water demand of the Authority exceeds the reduced production, including complete failure of the plant to produce any water. D. EMERGENCY MANAGEMENT PROGRAM The following actions shall be taken by the City when Trigger conditions are reached: 1. Mild Conditions (Stage 1) a. Inform the public through the news media that a trigger condition has been reached, and that they should look for waN-s to voluntarily reduce water use. Specific steps which can be taken will be provided through the news media. b. Notifi- major commercial water users of the situation and request voluntaiv water use reductions. c. Publicize a voluntaiv lawn watering schedule. d. During winter months, request water users to insulate pipes rather than running water to prevent freezing. 2. Moderate Conditions (Stage 2) a. Continue implementation of all relevant actions in preceding phase. b. Car washing, window washing, pavement washing prohibited except when a bucket is used. c. The following mandatoiv lawn watering schedule shall be implemented: Customers with even numbered street addresses may water on even numbered days of the month. Customers with odd numbered street addresses may water on odd numbered days of the week. Watering shall only occur between the hours of 6 -10 a.m. and 8 -10 p.m. d. The following public water uses, not essential for public health or safety, are prohibited: Page 3 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3).docx 1. street washing 2. water hydrant flushing 3. filling pools 4. athletic field watering e. Implement a 50% user surcharge to the user's water bill for any violation of the provisions herein provided for Moderate Conditions (Stage 2). The 50% surcharge added for each separate violation shall be calculated for the entire month in which the violation(s) occurred. f.Notiflcation shall be made to the Executive Director, within 5 business days of the implementation of any mandatoiv provisions of the Drought Contingency Plan. 3. Severe Conditions (Stage 3) a. Continue implementation of all relevant actions in preceding phase; b. All outdoor use is prohibited. Such use includes, but is not limited to the following: lawn watering, car washing, pavement washing; c. Implement a user surcharge for excessive water use, as follows: 5/8" meter over 5,000 gallons /month 200% 1 -1 1/2" meter over 10,000 gallons /month 200% 2" and larger over 15,000 gallons /month 200% 2" and larger over 20,000 gallons /month 300% 4. Critical Conditions (Stage 4) a. Continue implementation of all relevant actions in preceding phase. b. Petition the Harris- Galveston Coastal Subsidence District for appropriate increase in allowable groundwater withdrawal. c. Ration or terminate water service to selected portions of the system according to the following order: 1. Industrial /Institutional Users 2. Commercial Users 3. Residential Users 4. Public Health and Safety Facilities d. Individual users may request a variance from water curtailment by appealing to the City Manager. The City Manager's decision will be final. 5. S2eci is Targets for Water Use Reduction a. Mild Condition Goal To achieve a voluntary 10 percent reduction in daily water use. b. Moderate Condition Goal -To achieve a 1.5 percent reduction in daily water use. Page 4 of 5 Clean Drought Contingency Plan- La Porte June 2011 Updatedoc (3).docx c. Severe Condition Goal - To achieve a 25 percent reduction in daily water use. d. Critical Condition Goal To achieve a 30 percent reduction in daily water use. E. INFORMATION /EDUCATION As a component of the Information /Education section in the Water Conservation Plan, the purpose and effect of the Drought Contingency Plan will be communicated to the public through an article or notice in the Bay Area Observer, City of La Porte website(s), and other media outlets such as email, text, social media, public access television station, or programmed phone alerts regularly* utilized by the City of La Porte. Throughout the period of a trigger condition, regular updates will appear in the various media outlets to explain and educate the public on the purpose, cause, and methods of conservation for that condition. F. IMPLEMENTATION /ENFORCMENT The plan shall be implemented by Ordinance of the City Council of the city* of La Porte. Included in the adoption instrument will be individual trigger conditions for the city*. A copy* of the adoption vehicle is found in Appendix B. It will be the responsibility* of the City of La Porte Public Works Director to monitor, through the utility* department, the status of the water supply* and distribution system. When a trigger condition is reached, the Public Works Director will notifi- the public through its information program, of the implementation of the Drought Contingency* Plan. The Public Works Director will continue to monitor the water emergency* until it is determined that the trigger condition no longer exists. When this takes place, the Public Works Director will notifi- the public of such, and the Drought Condition Abatement procedures will be implemented. G. UPDATE OF TRIGGER CONDITIONS Once a year, the City will examine the production requirements and ability* to maintain these requirements to determine if trigger conditions need to be reestablished. Consideration should be given to the cityT's usage in relation to the aggregate usage, and any anticipated increase in production at the Southeast Water Purification Plant. Page 5 of 5 ORDINANCE NO. 2011- AN ORDINANCE AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, Texas, has adopted a Water Conservation and Drought Contingency Plan by City Ordinance 2009 -3136, and WHEREAS, Council desires to amend the current plan to include a penalty for violating the mandatory water usage restrictions in the Stage 2 "Moderate Conditions" plan component equal to a 50% surcharge to the water user's water bill for each violation, and WHEREAS, Council further desires to amend the current plan to provide for a lawn watering schedule in the Stage 2 condition of odd - numbered addresses watering on odd - numbered dates and even - numbered addresses watering on even - numbered dates, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The La Porte City Council hereby approves and adopts the June 16, 2011 Water Conservation and Drought Contingency Plan update in substantially the form as shown in the document which is attached hereto as Exhibit A and incorporated herein by reference. Section 2. The La Porte 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 resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 1 Section 3. This Ordinance shall be effective from and after its passage and approval and it is so ordered. PASSED AND APPROVED this day of 1 2011. CITY OF LA PORTE, TEXAS By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary Clark Askins Assistant City Attorney 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Deeds to Grantees 3. Public Utility Easement 4. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has received an application from Ms. Fran Lowe to vacate, abandon and close the remaining 6,000 square foot portion of the alley in Block 48, La Porte (see Exhibit 4, Area Map). Ms. Lowe has recently sold the block to two parties for which she is acting as agent in closing the subject alleys. City Staff has reviewed the closing request and determined that the City has no existing utilities within the alley to be closed. However, Centerpoint Energy, AT &T and Comcast have each expressed need for an easement within the east/west portion of alley (described as Tract One in ordinance). A 16' foot wide public utility easement has been prepared and will be executed upon passage and approval of the closing ordinance. In accordance with Section 6235 of the Code of Ordinances, Staff has ordered an independent appraisal of the alleys in question to determine the fair market value. The appraisal established a value of $1.50 per square foot. The City has subsequently received payment from Ms. Lowe in the amount of $6,750 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the subject alley, recording of a public utility easement within the east/west portion of the alley, and delivering a deed for the closed alley to the adjoining landowners. Action Required of Council: • Approve an ordinance vacating, abandoning, and closing the remaining 6,000 square foot portion of the alley in Block 48, LaPorte; Authorize the execution of a 16' foot wide public utility easement within the east/west portion of the alley; Authorize the execution and delivery of a deed to the adjoining landowners. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011- AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 48, LA PORTS, HARRIS COUNTY, TEXASI RETAINING A SIXTEEN {16 FOOT WIDE PUBLIC UTILITY EASEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of all of the property abutting the hereinafter described portion of the alley in Block 48, La Porte; to vacate, abandon, and permanently close the hereinafter described portion of the alley 48, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter portion of the alley in Block 48, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described alley in Block 48, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the alley in Block 48, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the alley in Block 48, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 TRACT GNEs That portion of the alley in Block 48, La Porte situated between the south line of Lots 1 through 6, the north line of Lots 7 & 26, and the south line of Lots 27 through 31, containing a total of 4,256 square feet and generally illustrated on Exhibit "A" incorporated by reference herein. TRACT TWO: That portion of the alley in Block 48, La Porte situated between the east line of Lots 7 through 10 and the west line of Lots 23 through 26, containing a total of 1,744 square feet and generally illustrated on Exhibit " incorporated by reference herein. Section 2. The City of La Porte hereby retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within that portion of the above- described "Tract One" alley closing. 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. K PASSED AND APPROVED THIS DAY OF 2011. CITY OF LA PORTE By: LouiS R. Rigby, Mayor Patrice Fogarty, City Secretary APPROVED: Knox W. Askins, City Attorney EXHIBIT "A" 7M 49 z ALLEY PREVIOUSLY CLOSED BY ORD. 9107 (2- 22 -78) PROPOSED ALLEY CLOSING & PUBLIC UTILITY EASEMENT (TRACT ONE) M PROPOSED ALLEY CLOSING (TRACT TWO) A *i ! IXTI i • NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: June 27, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: 1202 West A, LLC a Texas limited liability company Mailing Address: 314 -A Nasa Parkway #130, Seabrook, TX 77586 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 48, Town of La Porte, Harris County, Texas, lying and being situated between the south fourteen feet (14 of Lot 7, and all of Lots 8 through 10, both inclusive; and the south fourteen feet (14') of Lot 26, and all of Lots 23 though 25, both inclusive, in Block 48, Town of La Porte, as generally illustrated on Exhibit °Aft attached herein and made part hereof, containing a total of fourteen hundred twenty - four (1,424) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011- , passed and approved by the City Council of the City of La Porte on June 27, 2011. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. City of La Porte Attest: Patrice Fogarty City Secretary Approved: , ��� & Knox W. Askins City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § By: Ron Bottoms, City Manager This instrument was acknowledged before me on the day of 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. AFTER RECORDING RETURN TO: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OFs ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, Tx 77572 -1218 EXHIBIT "A" TO DEED N w- E WEST MAIN ST. S N.T.S. LOTS 1 -6 LOTS 27 -31 -------------------------- - no"," -------------------------- LOTS 7 -10 LOTS 23 -26 H 2 H 2 PORTION OF ALLEY (16' x 89) DEEDED TO 1202 WEST A, LLC 0 LOTS 11 -16 o LOTS 17 -22 co 0 U J ui Q WAST BLOCK 48, LA PORTE ! ! i NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER`S LICENSE NUMBER. Date: June 27, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: EMROJC, LLC a Texas limited liability company Mailing Address: 5726 Southwest Freeway, Houston, TX 77057 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): That portion of the alley in Block 48, Town of La Porte, Harris County, Texas, lying and being situated between the south boundary line of Lots 1 through 6, and Lots 27 through 31, both inclusive, Block 48, Town of La Porte, Harris County, Texas, and the north boundary line of Lots 7 and 26, Block 48, Town of La Porte, Harris County, Texas, and that portion of the alley lying and being situated between the north eleven feet (11' ) of Lot 7 and the north eleven feet (11 of Lot 26, Town of La Porte, Harris County, Texas as generally illustrated on Exhibit "All attached herein and made part hereof, containing a total of forty -four hundred thirty -two (4,432) square feet, which alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011- , passed and approved by the City Council of the City of La Porte on June 27, 2011. SAVE AND EXCEPT: Grantor retains for itself, its successors and assigns, a sixteen (16) foot wide public utility easement within the above described portion of the alley in Block 48, Town of La Porte, Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. City of La Porte Attest: Patrice Fogarty City Secretary Approvel: Knox W. Askins City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § By: Ron Bottoms, City Manager This instrument was acknowledged before me on the day of 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. AFTER RECORDING RETURN TO: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572 -1218 EXHIBIT "A" TO DEED N w E WEST MAIN ST. S N.T.S. LOTS 1 -6 LOTS 27 -31 LOTS 7 -10 LOTS 23 -26 H 2 H U 2 N PORTION OF ALLEY (4,576 SQ. FT,) DEEDED TO EMROJC, LLC 0 0 LOTS 11 -16 o LOTS 17 -22 co 0 U J ui Q WAST BLOCK 48, LA PORTE PUBLIC UTILITY EASEMENT THE STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS That EMROJC, LLC ( "Grantor"), for and in consideration of Ten and no /100 Dollars ($10.00) and other good and valuable consideration paid by the CITY OF LA PORTE ( "Grantee "), a Municipal Corporation and its Franchisees, the receipt and sufficiency of which is hereby acknowledged and confessed, have this day GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto said GRANTEE, and to its successors and assigns the perpetual right, privilege and easement, with appropriate rights of ingress and reasonable working area for construction and maintenance, to enter upon and construct, reconstruct, maintain, operate, inspect, replace, repair and remove ALL PUBLIC UTILITIES together with all necessary appurtenances, over, across, through and under that certain tract or parcel of land lying and being situated in Harris County, Texas and being more particularly described on Exhibits "A" & "B" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto said GRANTEE, and its successors or assigns, in accordance with the terms and conditions hereinabove set forth. The GRANTOR does hereby bind itself, its successors or assigns to WARRANT AND FOREVER DEFEND, all and singular the said easement unto the GRANTEE, its successors or assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS THE EXECUTION HEREOF on this the day of �d�t�2 2011. Authorized Representative of EMROJC, LLC This instrument was acknowledged before me on the 4 day of ' ;-2011 b 6.6-1— b&Oe, ANN M. JONES .. - NotaryPubiic,stateot7exas Nota Pubiic, Stag of exas My Comm1won Expires (\ 20, 20 November 11 City of La Porte--- 604 West Fairmont Parkway La Porte, Texas 77571 K EXHIBIT "A" (16' Public Utility Easement in Block 48, La Porte) Being a 4,256 square foot tract of land situated in Block 48, La Porte, Harris County, Texas, and being more particularly described by metes & bounds as follows; BEGINNING at the southeast corner of Lot 27, Block 48, La Porte; THENCE in an westerly direction along the south line of Lots 27 through 31 and Lots 1 through 6, inclusive, to the southwest corner of Lot 6, a distance of 266 feet, said point being located on the east right -of -way line of South 12 Street; THENCE in a southerly direction along the east right -of -way line of South 12 Street, a distance of 16 feet to the northwest corner of Lot 7; THENCE in an easterly direction along the projected north line of Lots 7 and 26, a distance of 266 feet to a point for corner at the northeast corner of Lot 26, said point being located on the west right -of -way line of South 1l Street; THENCE in a northerly direction, along the west right -of -way line of South 1l Street, a distance of 16 feet, to POINT OF BEGINNING, containing a total area of 4,256 square feet of land. 0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6 -27 -11 Requested By: Kenith Adeox Department: 1 OW0 Report: Resolution: Ordinance Exhibits: Agreement with ICAC Exhibits: Exhibits Budget Source of Funds: Grant Fund Account Number: 03252565211010 Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Police Department currently has an agreement with the Internet Crimes Against Children (ICAC) Task Force for Detective Nathan Gates's assignment to the ICAC task force. The agreement expires June 30, 2011. ICAC has asked to extend this contract through May 31, 2012 with an additional one Near extension option. The agreement requires ICAC to reimburse the City for all costs associated with Detective Gates' salaiv, overtime, benefits, training, and equipment. Base cost of salaiv and benefits for the first year total $86,612.22, with provisions to include any structured pay raises and overtime incurred at actual costs to the City. Additionally, the task force will provide the detective with a vehicle and pay all costs associated with that vehicle. The Police Department believes that continuation of this agreement would be beneficial to La Porte and surrounding communities. Action Required by Council: Request Council approve the Agreement between the City of La Porte and the Internet Crimes Against Children Task force, authorizing the City Manager to execute the agreement. Approved for City Council Agenda Ron Bottoms, City Manager Date AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, this Agreement is made and entered into by and between the PASADENA INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT / HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE, hereinafter called "ICAO ", and the CITY OF LA PORTE POLICE DEPARTMENT, hereinafter called "CITY ". WITNESSETH: WHEREAS, ICAC desires to have the Chief of the CITY OF LA PORTE POLICE DEPARTMENT, hereinafter called "CHIEF ", authorize and direct one (1) of CITY'S DETECTIVES, hereinafter called "DETECTIVE ", to devote that DETECTIVE' working time to the ICAC TASK FORCE. WHEREAS, ICAC is willing to pay the CITY an agreed amount equal to the cost to (lie CITY for supplying law enforcement services, including salary and benefits, at the CITY'S pay rate, so as to enable the DETECTIVE assigned by the CHIEF to provide those services; NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties is, it is AGREED as follows: I. The CITY agrees to authorize the CHIEF to assigning a DETECTIVE to provide law enforcement services to ICAO. As used herein, the phrase "working time" means the usual or normal hours that the DETECTIVE is required to work in any calendar month, the time the DETECTIVE is in court in connection with cases arising out of events occurring within the area, the time the DETECTIVE spends in preparing reports and documents pertaining to events occurring in the areas, the time the DETECTIVE spends transporting persons arrested in the area to jail, the time the DETECTIVE spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the ICAO shall be deemed working time. The items lists above are explanatory and the meaning for "working time" is not limited to said list. II. ICAC agrees to pay to the CITY the sum of $86,612.22 for assignment of one (1) DETECTIVE to ICAC, for the first year included in this agreement. The Base Amount is based on one (1) DETECTIVE working eight (8) hours each regular work day. The Base Amount shall remain consistent for the first year, except as otherwise provided under this agreement. Increases of the Base Amount shall include and incorporate the DETECTIVE'S structured pay raises under this agreement, at the CITY'S pay rate. The ICAC agrees to pay the CITY for any additional hours that ICAC requires of the DETECTIVE to provide law enforcement services. Any additional hours must be approved through the ICAC or his designee. The additional hours (overtime) for the DETECTIVE'S work involving Internet Crimes Against Children will be paid by ICAC at the DETECTIVE'S standard overtime rate. As detailed below, ICAC further agrees that the Base Amount, and /or the increases to the Base Amount on this agreement, may be increased by a factor equal to Consumer Price Index — Ut•bo (Cl'i -U) increases or three (3) percent, whichever is greater., The CITY shad notify ICAC of any Increases at least thirty (30) days prior to the effective date of the probosed increase. The ICAC agrees to provide a vehicle for the DETECTIVE. The ICAO will be responsible for maintenance, fuel, and insurance for the vehicle. The ICAC understands that the DETECTIVE may be called on by La Porte Police Department to assist in investigations relating to computer forensics or if needed for temporary emergencies (i.e. hurricanes) whenever deemed necessary by the Chief of Police. The CITY agrees to provide to the ICAO an invoice, at end of each quarter, setting forth costs including Base Amount (salary) and overtime for providing the law enforcement services to ICAO. The ICAC agrees to reimburse the CITY the costs as set forth in the invoice within thirty (30) days of the date of such invoices. If ICAC, for any reason disputes any items in any invoices submitted by the CITY, ICAC shall promptly notify the CITY of the dispute and request clarification and /or remedial action. The decision of the CITY regarding all disputes involving the cost for providing a DETECTIVE shall be final, Payment shall be made to the CITY of La Porte, Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices sent by the CITY shall be addressed to the PASADENA ISD POLICE / HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE 1515 CHERRYBROOK, PASADENA, TEXAS 77502 Attention: CRISTINA HERNANDEZ. Either party hereto may change its address for the purposes of this agreement by giving written notice of such change in the manner provided for in this agreement. III. The term of this agreement shall be for an Eleven (11) month period, as determined by the ICAC, commencing July 1, 2011, thru and including May 31, 2012, and shall include an option to extend this agreement for additional one (1) year terms, contingent on federal grant approval for salaries, with the same terms and conditions, upon the express written approval of the CITY and the ICAC, which option must be exercised and agreed to by both parties, before the expiration of the current term. It is expressly understood and agreed that the period or term of this agreement may be terminated with or without notice by the CITY at any time after ICAC has defaulted on any payment of any obligation hereunder. Further, it is expressly understood and agreed that the period or term of this agreement may be terminated by the CITY or ICAC for any reason with 90 -day written notice to the other party. Payments hereunder shall be pro -rated to effective date of cancellation. Any notice permitted or required to be given in this section to ICAC shall be given postage prepaid, return receipt requests, and addressed to by registered or certified United States, mail, to PASADENA ISD POLICE / HOUSTON METRO INTERNET CRIMES AGAINST CHILDREN TASK FORCE 1515 CHERRYBROOK, PASADENA, TEXAS 77502 Attention: Lt. Matthew Gray. Any notice permitted or required to be given in this section to the CITY shall be given by registered or certified Unites[ States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: CITY Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571. 1V. Operating with the La Porte Police Department's Operating Procedures, it is expressly understood and agreed that any DETECTIVE assigned to work at the ICAC shall be subject to the exclusive control and supervision of the CHIEF and to the same extent as all other DETECTIVES, and shall have no duty or obligation to the ICAC other than those duties or obligations which the DETECTIVE would have to the public generally, to enforce state and federal laws and CITY ordinances. V. It is expressly agreed and understood between ICAO and the CI'T'Y, that if, in the opinion of the CHIEF, it is necessary to use the DETECTIVE assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of the DETECTIVE to comply with the agreement. It is, however understood by both the CITY and ICAC that ICAC will be credited on a pro -rata basis for the charges hereunder if the DETECTIVE is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of ICAC. VII. Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and cluties of either party ill relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's lees in such litigation. Nothing in the paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY or ICAC. VIII. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas. IX. If any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. X. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI. No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. XII. Neither party to this agreement may assign their rights, ch►tics, or interest without first obtaining written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the option of either party, terminate this agreement. IN WITNESS WHEREOF, the undersigned ICAC and CITY hereto execute this agreement effective on this day of , 2011. CITY OF LA PORTE By: Roil Bottoms City Manager By: Kenith Adcor Chief of Police HOUSTON T\4ETRO INTERNET CRIMES AGAINST CHILDREN 'TASK FORCE By: Russel hStewart Chief o of ice By: Lt. Matthew Gray Task Force Commander REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 6 -27 -11 Requested By: Ken Adeox Department: Pekes Department Report: Resolution: Ordinance: X Exhibits: Agreement with Citv of Morgan's Point for Emergencv 911 Dispatch and Jail Services; Fire Protection and Emergencv Medical Services Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION This agreement allows the City of La Porte to charge reasonable and customary charges and fees for City Emergency 911 Dispatch and Jail services, Fire Protection, and Emergency Medical Services provided. In consideration for the services provided by the City of La Porte, the City of Morgan's Point will pay a total monthly service fee of $5,007.60. This amount represents the per - capital share of costs for Morgan's Point, based on the City of La Porte's total cost of maintaining a Municipal Jail, 911 Dispatch Center, Fire Department, and Emergency Medical Services Division. The agreement will be in effect for the term of three years (October 1, 2011 through September 30, 2014), with a cancellation clause allowing either party to withdraw from the agreement upon one - hundred- twenty (120) days written notice to the other party. Action Required by Council: Request Council approve the agreement between the City of La Porte and the City of Morgan's Point for City Emergency 911 Dispatch and Jail services, Fire Protection and Emergency Medical Services. Approved for City Council Agenda Ron Bottoms, City Manager Date AGREEMENT THE STATE OF TEXAS X COUNTY OF HARRIS X This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas hereinafter referred to as "LA PORTE" and the CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter referred to as "CITY ", WITNESSETH WHEREAS, CITY is in need of certain governmental services for the benefit of the people and property within its city limits, and WHEREAS, LA PORTE is able and willing to provide said governmental services to CITY, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, PURSUANT TO THE AUTHORITY GRANTED BY Chapter 791, "Interlocal Cooperation Contracts ", Texas Govermnent Code, and in consideration of the mutual covenants, agreements, and benefits to both cities, it is hereby agreed as follows: A. GENERAL PROVISIONS 1. For and during the three years beginning on the 15t day of October, 2011, and ending on the 30"' day of September, 2014 ( "Primary Term "), LA PORTE agrees to furnish CITY, the governmental services hereinafter more specifically described in sections B, C, D, and E of this agreement. Either party may cancel this agreement by providing 120 days advance notice, as provided in Paragraph A -IV hereof. This agreement shall automatically renew on a month -to -month basis if not previously canceled by either party before the end of the Primary Term. Either part may cancel this agreement during any month -to -month renewal term by giving 30 days written notice to the other party. This agreement supersedes any prior agreement between the parties on the subject matter hereof. II. For and in consideration of the governmental services to be provided by LA PORTE to CITY, CITY agrees to pay LA PORTE on a monthly basis, regardless of whether LA PORTE Fire or EMS equipment or personnel respond to a call in CITY, as follows, to wit; (1) Monthly base charge as follows Emergency 911 Dispatch and Jail Service $ 865.20 Fire Protection Emergency Medical Service $ 2,279.28 $ 1,863.12 Total 5 007,60 (2) A further sum of $ 8.00 per prisoner per day or any fraction thereof. The total of such base charges, including any accrued prisoner fees, shall be paid in full by CITY to LA PORTE, on or before the tenth day of the month following the month in which such services were available or rendered to CITY, under this agreement. Payments by CITY shall be made from current revenues available to CITY. III. LA PORTE will not be liable for loss or damage to person or property arising from, caused by, or resulting from actual or alleged negligence of LA PORTE, its employees or volunteers in carrying out the terms of this agreement. To the extent allowed by law CITY agrees to indemnify, and save and hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this agreement. IV. Either party to this agreement may cancel by giving one hundred twenty (120) days written notice to the other party. Such notice will be effective as of midnight of the sixtieth day following the day notice is received by CITY or LA PORTE. V. CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now exist, or may be amended hereafter, relating to the services rendered including the use of facilities made available to the CITY under the terms of this agreement. B. EMERGENCY 911 DISPATCH SERVICES LA PORTE agrees to receive telephone calls and to dispatch radio calls to CITY Law Enforcement, Fire and EMS units. II. LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police Department to render this service twenty -four (24) hours a day for the duration of this agreement. III. CITY agrees to pay LA PORTE for 911 emergency dispatch services in the amount and mauler hereinabove specified. C. JAIL I. LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY'S law enforcement officers in the LA PORTE City Jail until such time as they can be properly released or conveniently moved by the proper authorities to the Harris County Jail or other facility, as the case may be. II. CITY agrees to keep certifications current of all law enforcement officers, required by the Texas Commission on Lau? Enforcement standards and education or other appropriate regulatory authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested. III. CITY will be solely responsible for all medical care for, and all transportation of arrestees brought to and /or being taken from the LA PORTE jail. In addition, CITY shall be solely responsible for the security of the arrestec during said transportation. IV. LA PORTE may suspend service and may refuse to accept an arrestee from CITY, in its sole discretion. IV CITY agrees to pay LA PORTE for jail services in the amount and manner fiereinabove specified. D. FIRE PROTECTION 1. LA PORTE agrees to provide fire protection for real and personal property situated within CITY, for the term of this agreement, upon the terms and conditions herein contained. II. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the fire fighters and equipment that will answer each fire alarm, provided that protection will be adequate (meaning reasonable protection, considering available fire fighters and equipment of LAPORTE'S Fire Department). However, in all cases the dispatch of fire fighters and equipment to protect property within CITY will be subordinate to requests for, and rendering of, fire protection within LA PORTE, III. City agrees to pay LA PORTE for fire protection services in the amount and manner hereinabove specified. E. EMERGENCY MEDICAL SERVICE I. As part of the consideration expressed herein, LA PORTE agrees to provide emergency medical services within CITY. LA PORTE shall transport patients to one of the nearest hospitals that provide emergency services as defined by the Transport Policy of the LA PORTE Emergency Medical Services, a copy of which is available at the LA PORTE EMS headquarters. LA PORTE shall be permitted to charge, directly to each patient or patient representative, the patient's insurance carrier, or other responsible party, its most current and customary Emergency Medical Service charges as adopted by City Council, and codified in the La Porte Code of Ordinances Chapter 30, Appendix A. II. Sole discretion will rest with the LA PORTE EMS Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services). However, in all cases the dispatch of paramedics and equipment to provide emergency medical services within CITY will be subordinate to requests for, and rendering of, emergency medical services within LA PORTE. III. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal Law, and applicable ordinances of CITY, as now exist, and as may be amended from time to time hereafter. IV. CITY agrees to pay LA PORTE for emergency medical services in the amount and manner hereinabove specified. WITNESS OUR HANDS and the seals of our respective Cities, effective as of the I" day of October, 2011. PASSED AND APPROVED by the City Council of the City of La Porte, by Ordinance No. , on the clay of , 2011. CITY OF EA PORTE By: City Manager ATTEST: City Secretary APPROVED: City Attorney PASSED AND APPROVED by the City Council of the City of Morgan's Point, by oil the 23` day of May , 2011. CITY OF MORGA.N'S POINT By: r t t Mayor ATTEST: �ary C APPROVED: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Clark Askins Department: City Attorney's office Report: Resolution: Ordinance Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: N/A SUMMARY & RECOMMENDATION After meeting in executive session on June 13, 2011, the City Council directed staff to begin the process for annexing tracts owned by Ted Booher and CenterPoint Energy, together comprising a parcel of land approximately 29 acre in size, located immediately to the west of the corporate city limit line of La Porte, on the north right -of -way line of State Highway 225. Texas Local Government Code Sec. 43.065(a) provides that the "governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed ", before the publication of notice of the first of two public hearings. The requested agenda item is for a vote of the City Council to direct the Planning Department to prepare a service plan for the extension of municipal serves to this area. Once the proposed service plan is completed, City Council will hold two public hearings for citizen comments on the proposed annexation, including the service plan. Staff Recommendation: Staff recommends City Council vote to direct the Planning Department to prepare a service plan for annexation of a 29 acre tract of land, containing tracts owned by Ted Booher and CenterPoint Energy. Action Required by Council: Vote to officially direct the Planning Department to prepare a service plan for annexation of a 29 acre tract of land, containing tracts owned by Ted Booher and CenterPoint Energy. Approved for City Council Agenda Ron Bottoms, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Traci Leach/Patrice Fogarty Department: Administration Report: X Resolution: Ordinance: Exhibits: Communications Proposal Exhibits: Exhibits: Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the May 23, 2011 City Council meeting, the duties of the City Secretary were discussed, specifically the responsibilities related to the dissemination of public information. Council requested that staff prepare a communications proposal that outlined how the City envisioned structuring the communications function to enhance the communications currently provided to the citizens of LaPorte. The component pieces of the communications function were identified as formal and informal public information requests, day -to -day communications and administration of the City's public relations efforts, and the Emergency Operations Center. This proposal focuses on the day -to -day operations, as these were the duties that were in question during the May 23rd City Council meeting. The attached proposal provides a plan to: • Expand utilization of Channel 16 • Expand the availability of both city and community information • Improve coordination for all City information that is published and distributed • Enhance the quality of information and materials available to residents Staff recommends approval of the proposal, as presented, as a way to enhance the availability and quality of information available and improve internal efficiency in producing and broadcasting materials. Action Required by Council: Approve the Communications Proposal as presented. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte Memorandum To: Mayor and Council From: Traci E. Leach, Assistant City Manager Patrice Fogarty, City Secretary Date: June 3, 2011 Subject: City Communication Plan At the February 14, 2011, City Council meeting, staff presented a number of communication ideas for consideration based on the premise that there is a void in community information since the Bayshore Sun closed. Since that time, staff has examined the communications function of the City to identify how service may be improved. Public communication was evaluated by dissecting it into three different and distinct parts. First, the provision of information to the public via informal requests and official open records requests is strictly viewed as a C ity Secretary's Office function. No changes were ever contemplated for this piece of the communications pie. Secondly, day -to -day communications and administration of the City's public relations efforts were identified as part of the pie that would be administered through the City Manager's Office. These duties include responsibilities that would typically be handled by a media coordinator, such as coordinating media relations, managing the City's website, and producing promotional materials to inform and educate. M any parts of the day -to -day communication efforts were being administered through the City Manager's Office or by individual departments. The final piece of the communications pie is the PIO (public information officer) function in the Emergency Operations Center (EOC). I n consultation with emergency management staff, the City Secretary, and the City Manager's Office, the PIO function would be the responsibility of the City Secretary's Office, with support from the City Manager's Office and other City personnel. The City Secretary is a member of the Policy Group during activation of the EOC and would function as a I iaison to the Mayor, the person ultimately responsible for managing any local disaster. Wearing the hat of PIO, the City Secretary would also function in the Command Group, with the responsibility of reviewing and securing approval from the Mayor or his designee of emergency public information messages and press releases prior to public delivery. T he PIO will work effectively with the news media to communicate emergency public information, and would establish a secondary site joint information center, if necessary. Regarding numerous other PIO duties, members of the City Secretary's staff and City Manager's staff would take direction from the PIO, EOC Coordinator, Mayor and City Manager regarding information coming into and going out of the EOC by call takers or in the form of press releases or other avenues of communication. A more detailed discussion about the day -to -day operations of the communications program is provided below, as these were the duties that were in question during the May 23 City Council meeting. Day -to -Day Operations Staff began evaluating a program to expand and enhance the communication methods and array of information available to residents and business of the City. This communication effort has focused on several key components — expansion of Channel 16, expanding the availability of information, improved coordination for all City information that is published and distributed, and enhancing the quality of information and materials available to residents. Each idea is discussed below. Channel 16 Expansion At the Feb 14 meeting, staff received direction to move forward with expanding the programming options for Channel 16. Staff contacted both Comcast and AT &T to identify the potential viewer base for the City. The aggregate subscriber estimate for the City is between 5,000 and 7,000 subscribers, which correlates to a penetration rate between 41% and 57 %, which is an excellent rate. It should be noted, however, that while AT &T's U -Verse does broadcast PEG channels (government access), Channel 16 is not currently offered on U -Verse digital cable. Staff has begun discussions with AT &T to identify what would need to be done to convert the City's existing analog feed to the digital format needed for U -Verse programming. In regards to Channel 16, staff is recommending a measured, incremental approach to expansion. While the penetration rate suggests that a large majority of La Porte households have access to Channel 16 programming, the U -verse issue and actual viewer numbers are difficult to identify as to exactly how many residents would utilize this service. Based on the discussion at the Council Retreat regarding televising public meetings for live broadcast, playback later, or for on- demand viewing online, this programming will greatly enhance the current offerings on the channel. Budget estimates for adding this feature are included in the upcoming budget for Council consideration. Staff would like to gauge interest and feedback from residents on this new programming before investing significant time and dollars on additional programming should viewership not justify it. Staff from the City Manager's Office has been overseeing this project, and it is recommended that the City Manager's Office continue future coordination and oversight of Channel 16. Enhancing Availability of Information In addition, staff proposed enhancing the City's communication effort to provide additional avenues for residents to obtain both city and community information about events and news. For community oriented news, the Bay Area Observer has done a very nice job of covering La Porte. However, many residents still feel that there is a void now that the daily newspaper is gone. The City can play an important role in becoming an additional source of information about community events. For City oriented news, there are currently a number of ways that the City publicizes events and news to residents. These methods include the City website, water bill inserts, City Hall marquee, departmental publications, and, to a limited extent, Channel 16. The City has begun the process of evaluating several components to expand the media from which residents can obtain local news and ev ent information. The first is adding a "Community Bulletin Board" page to the City's existing website. This page is intended to be a place where representatives from community groups can enter information about events on a set form, and the information would populate into a standard look on the Bulletin Board page. City staff would review content prior to the information formally posting to the page, but this set up would maximize usability while minimizing staff time to develop and monitor the page. Secondly, staff has begun the process of expanding the use of the City's official Twitter and Facebook pages. Social media is an excellent way to quickly and economically reach a large number of people. Social media pages can be used to promote upcoming events, share photos of past events, upload videos on various public service announcement -type topics, and provide alerts for events and news. These pages have a fairly substantial following of "fans" and "friends" already and are currently underutilized. Anyone can access and follow the City's Facebook page without having a Facebook account, because it has over 2,000 people that currently "like" it — just search for "La Porte by the Bay" to check out the City's page. Currently, staff in the City Manager's Office maintains and updates these two social media sites. Thirdly, expanding the City's web presence in terms of video was also under evaluation. If Council chooses to move forward with the televising /taping of public meetings, these could be uploaded to the City webpage for on- demand viewing. Many cities are now branching into YouTube as a way to distribute short videos that are educational, promotional, or informative. Improved Coordination of Communication As was stated earlier, individual departments are currently managing the communication effort separate and apart from what any other department may be doi ng. H aving a coordinated and organized communication plan is essential to effectively crafting a consistent message and ensuring materials produced are of high quality and content. Another benefit of coordinating the communication effort is the potential for cost savings on all aspects of the print process from design to printing, which was on the to -do list for evaluation by the City Manager's Office. Staff has evaluated options to better coordinate all of the media streams that the City currently utilizes. A staff member would be the coordinator of information from departments, function as the initial point of contact that would direct media to appropriate staff for comments and interviews, facilitate requests from community groups to place information on City media, continually monitor the website to ensure that it is current, functional, and timely, and write and release news releases as necessary. Efficiency can be achieved through streamlining these processes and having a single point of contact for most inquiries is the starting point for this project. Enhancing Quality of Informational Materials While many of the City's current publications convey the necessary information, some publications may be improved to increase the likelihood that residents will read the materials. With today's volume of information, a City's message is fighting for attention from any number of publications designed by professional graphic designers. The goal in producing the City's message is to be informative; and in order to be successful in that endeavor, residents have to read the information. One way to grab their attention is to improve the look of the materials we produce. Staff must evaluate areas where there is currently a void and develop additional materials. The City Manager's Office was actively evaluating ways to improve the quality of City publications and engaging in software training that would open a whole new window of opportunity from a graphic design standpoint. Summary The proposal outlined above represents the City's attempt to fill two different voids — one in availability of community news now that the Bayshore Sun is gone and another in terms of personnel: having a single source who can manage and develop materials for the various aspects of City communications. Staff would like to move forward this proposal unless there are concerns or questions from Council. Please let us know if you have any questions about this proposal. Council Cover Sheet June 27, 2011 8. ORDINANCES (a) Consider approval or other action regarding an ordinance approving recommended revisions to Chapter 10 "Amusements," Article II, "Coin- Operated Machines" of the Code of Ordinances of the City of La Porte — K. Adcox (b) Consider approval or other action regarding an ordinance appointing alternate members to a Re- Districting Committee and establishing its powers and duties — P. Fogarty (c) Consider approval or other action regarding an ordinance appointing permanent members of the Board of Directors to the La Porte Fire Control, Prevention and Emergency Medical Services District — P. Fogarty (d) Consider approval or other action regarding an ordinance making appointments to various boards, commissions, and committees — P. Fogarty ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06 -27 -11 Requested By: Kenith Adeox Department: 1 OW0 Report: Resolution: Ordinance X Exhibits: Coin Operated Machine Ordinance - 3127 Exhibits: Coin Operated Machine Ordinance Amending Chapter 10 "Amusements" of the Code of Ordinances of the Citv of La Porte Exhibits Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION As part of a recent settlement agreement, it is requested that City Council revise Chapter 10 "Amusements" of the Code of Ordinances of the City of La Porte and amend Article IL "Coin - Operated Machines ", by removing the general prohibition of use or display or eight - liners in commercial or business establishments; and adding additional provisions designed to assist in the regulation of eight - liners within the City of La Porte. Action Required by Council: Request Council approve recommended revisions to Chapter 10 "Amusements ", Article II "Coin - Operated Machines" of the Code of Ordinances of the City of La Porte. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 3127 -A ", CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 1 "Generally ", Section 10 -31 "Definitions" of the Code of Ordinances is hereby amended WW ctawzaezx, to be included in proper alphabetical sequence: SECTION 2. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 2 "Occupational Tax ", Section 10 -54 "Payment; decal as evidence thereof, display; proration of tax" of the Code of Ordinances is hereby amended to read as follows: "Sec. 10 -54. - Payment; decal as evidence thereof, display; proration of tax. (a) Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in the city any skill or pleasure- oriented coin - operated machine shall pay on every such machine, the annual occupational tax levied in section 10 -51. Such occupational tax shall be aavable to the citv secretary on or before December 15 for the next succeedini calendar vear. c%1 Page 1 of 5 (b) The city secretary shall issue a decal evidencing payment of such occupational tax, and such decal shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the decal, or such decal shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The decal affixed to the machine shall be valid only for the machine which must be identified by serial number. Any business operator who shall exhibit or display within the city any skill or pleasure- oriented coin - operated machine without having paid the tax and annexed or attached thereto a valid decal issued by the city secretary, showing payment of the tax for the current year, shall be deemed to have violated this article. (c) The occupational tax provided for in this article shall *E4 be subject to proration or reduction "; ,4r a period less than 12 calendar months, atilt SECTION 3. Sections 1, 2, and 3 of Ordinance No. 3127, and as codified in Chapter 10 "Amusements ", Article 11 "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -75 "Eight- liners prohibited ", and in Appendix B "Fines ", of the Code of Ordinances of the City of LaPorte, is hereby repealed in its entirety. Said Section 10 -75 "Eight - liners prohibited" shall hereinafter read as follows: Page 2 of 5 !U. rf lEfff!*lT.ISIR*!f!!!S'i l7Ll�!!T.!!fE!l�l1Si nnwg OWN"- SECTION 4. Chapter 10 "Amusements ", Article 11 "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -77 "Hours of operation; terms defined" is hereby amended to read as follows: "Sec. 10 -77. - Hours of operation; terms defined. rnptcap ap o e1ghzael, ,o ,,,,�o,,,o o �o shall remain closed to minors, and no minors shall be on the premises, except during the following hours: khool y ear (M o n days t Th u r sdays r K 2 p .m. to 1 0:00 p.m. F ridays 230 p. m. to 12:00 p. m. Saturda 9:00 a. m. t 12:00 p.m. F Sundays ,S1lnvver° 1:00 P.M. to 10:00 p.m. Mondays through Fridays 11:00 a. m. to 12:00 p. Saturd 9:00 a. m. to 12:00 p. Sunda 1:00 P.M. to 10:00 P. (b) The term "school year" shall be defined as the period of time from the commencement of regular classes in the La Porte Independent School District in August, through the last day of regular classes the following May. The term "summer" shall be the period from the end of classes in May until the commencement of classes in August. " SECTION 5. Chapter 10 "Amusements ", Article 11 "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -78 "Unobstructed view to interior" is hereby amended to read as follows: "Sec. 10 -78. - Unobstructed view to interior. shall have unobstructed windows Page 3 of 5 or open space on at least one side, so that the area is open to view by members of the public passing by on a public street, or using a corridor, lobby or other room to which the public resorts and is admitted without charge. A minimum of 65 percent of said side that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade shall be of transparent glass, unobscured by obstructions. " SECTION 6. Chapter 10 "Amusements ", Article 11 "Coin- Operated Machines ", Division 3 "Regulation of Place of Business ", Section 10 -81 "Operator responsible for violations of this article" is hereby amended to read as follows: "Sec. 10 -81. - Operator responsible for violations of this article. Any business operator who permits, allows or in any manner condones a violation of any provision of this article shall, upon conviction, be punished as provided in section 1 -14 k CQe Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article." SECTION 7. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00). SECTION 8 . All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 9. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 10 . 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 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. Page 4 of 5 SECTION 11. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED, this ATTEST: Patrice Fogarty, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney DAY OF 2011 CITY OF LA PORTE Louis R. Rigby, Mayor Pa,e ; 4 ORDINANCE NO. 3363 AN ORDINANCE AMENDING CHAPTER 10 "AMUSEMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATING TO THE USE AND REGULATION OF COIN OPERATED MACHINES; REPEALING ORDINANCE NO. 3127, AND AS CODIFIED IN CHAPTER 10 "AMUSEMENTS "; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 1 "Generally ", Section 10 -31 "Definitions" of the Code of Ordinances is hereby amended by adding the following term, to be included in proper alphabetical sequence: "Amusement redemption machine means a recreational machine, including eight -liner machines, that provides the user with an opportunity to receive something of value other than a right to replay and in which credits, or the equivalent thereof, are accumulated when: a particular configuration of like symbols is displayed in a random fashion by the machine; symbols or numbers are matched to a randomly selected symbol or number determined by the machine; a combination of cards is arrived at and valued in a traditional hierarchy for purposes of poker; or a combination of cards is arrived at and points assigned for purposes of blackjack." SECTION 2. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 2 "Occupational Tax ", Section 10 -54 "Payment; decal as evidence thereof; display; proration of tax" of the Code of Ordinances is hereby amended to read as follows: "Sec. 10 -54. - Payment; decal as evidence thereof; display; proration of tax. (a) Every owner who owns, controls, possesses, exhibits, displays or who permits to be exhibited or displayed in the city any skill or pleasure- oriented coin - operated machine shall pay on every such machine, the annual occupational tax levied in section 10 -51. Such occupational tax shall be payable to the city secretary on or before December 15 for the next succeeding calendar year, or at the time of the display of the machine, if first displayed during a calendar year, at the rates established in Appendix A of this Code. Page 1of5 (b) The city secretary shall issue a decal evidencing payment of such occupational tax, and such decal shall be securely attached to the machine in a manner that will require continued application of steam and water to remove the decal, or such decal shall be posted in a conspicuous place at or near the machine so as to be easily seen by the public. The decal affixed to the machine shall be valid only for the machine which must be identified by serial number. Any business operator who shall exhibit or display within the city any skill or pleasure- oriented coin - operated machine without having paid the tax and annexed or attached thereto a valid decal issued by the city secretary, showing payment of the tax for the current year, shall be deemed to have violated this article. (c) The occupational tax provided for in this article shall *E4 be subject to proration or reduction for payment for display of machines for a period less than 12 calendar months, at the rates established in Appendix A of this Code." SECTION 3. Sections 1, 2, and 3 of Ordinance No. 3127, and as codified in Chapter 10 "Amusements ", Article 11 "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -75 "Eight- liners prohibited ", and in Appendix B "Fines ", of the Code of Ordinances of the City of LaPorte, is hereby repealed in its entirety. Said Section 10 -75 "Eight - liners prohibited" shall hereinafter read as follows: "Sec. 10 -75. Unrestricted access by law enforcement officer; right of inspection by law enforcement officer. (a) It shall be the duty of any owner, manager, or employee of a place of business displaying one or more skill or pleasure coin operated machines or amusement redemption machines, or other person exercising control over such a business establishment or the skill or pleasure coin operated machines or amusement redemption machines therein, to provide any law enforcement officer with immediate unrestricted access during business hours to all areas of the business establishment. (b) Any law enforcement officer may inspect a business establishment or any skill or pleasure coin operated machines or amusement redemption machines therein to determine whether the business establishment is in compliance with this Chapter and state law. An owner, manager, or employee of a business establishment which displays one or more skill or pleasure coin operated machines or amusement redemption machines who does not allow a law enforcement officer to inspect said establishment or the skill or pleasure coin operated machines or amusement redemption machines therein commits a misdemeanor offense. (c) This chapter shall not be construed to authorize or permit the keeping, exhibition, operation, display, or maintenance of any machine that is prohibited by the constitution or statutes of this state, including but not limited to Chapter 47 of the Texas Penal Code." Page 2 of 5 SECTION 4. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -77 "Hours of operation; terms defined" is hereby amended to read as follows: "Sec. 10 -77. - Hours of operation; terms defined. (a) Every business establishment displaying skill or pleasure coin operated machines, amusement redemption machines, or eight - liners shall remain closed to minors, and no minors shall be on the premises, except during the following hours: School year Mondays through Thursdays 2:30 p.m. to 10:00 p.m. Fridays 2:30 p.m. to 12:00 p.m. Saturdays 9:00 a.m. to 12:00 p.m. Sundays 1:00 p.m. to 10:00 p.m. Summer Mondays through Fridays 11:00 a.m. to 12:00 p.m. Saturdays 9:00 a.m. to 12:00 p.m. Sundays 1:00 p.m. to 10:00 p.m. (b) The term "school year" shall be defined as the period of time from the commencement of regular classes in the La Porte Independent School District in August, through the last day of regular classes the following May. The term "summer" shall be the period from the end of classes in May until the commencement of classes in August. " SECTION 5. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 3 "Regulation of Places of Business ", Section 10 -78 "Unobstructed view to interior" is hereby amended to read as follows: "Sec. 10 -78. - Unobstructed view to interior. Every business establishment displaying skill or pleasure coin operated machines, amusement redemption machines, or eight - liners shall have unobstructed windows or open space on at least one side, so that the area is open to view by members of the public passing by on a public street, or using a corridor, lobby or other room to which the public resorts and is admitted without charge. A minimum of 65 percent of said side that is more than three feet above sidewalk grade and not more than seven feet above sidewalk grade shall be of transparent glass, unobscured by obstructions. " SECTION 6. Chapter 10 "Amusements ", Article II "Coin- Operated Machines ", Division 3 "Regulation of Place of Business ", Section 10 -81 "Operator responsible for violations of this article" Page 3 of 5 is hereby amended to read as follows: "Sec. 10 -81. - Operator responsible for violations of this article. Any business operator who permits, allows or in any manner condones a violation of any provision of this article shall, upon conviction, be punished as provided in section 1 -14 of this Code. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this article." SECTION 7. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte shall be guilty of a misdemeanor and shall be subject to a fine not to exceed five hundred dollars ($500.00). SECTION 8. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 9. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 10 . 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 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 Page 4 of 5 SECTION 11. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED, this ATTEST: Patrice Fogarty, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney DAY OF 2011 CITY OF LA PORTE Louis R. Rigby, Mayor Pa,e ; 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 27, 2011 Requested By: Patrice Fogarty Department: Ci Sew P tai;�, Report Resolution: Ordinance X Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION Following publication of the 2010 Federal Census, a redistricting committee was appointed to conduct an investigation to determine the population of the City, and the population of each Council district. The committee will report to Council the results of such determination; and, if the distribution of population among the various districts is determined by the City Council to be materially unbalanced, the redistricting committee shall, following public notice and an opportunity for public input, recommend to the City Council the establishment of new boundaries for the election of district councilmembers. This ordinance appoints a redistricting committee and establishes its power and duties. Further, it makes a change regarding appointments by appointing three alternate members to the committee. The nominated alternate members are: Martha Gillett, Champ Dunham, and Venessa Guerrero. Action Required by Council: Adopt this ordinance appointing a redistricting committee, establishing its powers and duties, and appoint three alternate members. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 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 Re- Districting Committee, to -wit: Chairperson: Charles Harrington District 1: Nolan Allen District 2: Nancy Lotze District 3: Nancy Ojeda District 4: Mark Follis District 5: Paul Berner District 6: Lisa Garcia Position A: Charles Montgomery Position B: Charlie Perry Alternate 1: Martha Gillett Alternate 2: Champ Dunham Alternate 3: Venessa Guerrero 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 f inal 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 of fective from and of ter its passage and approval, and it is so ordered. PASSED AND APPROVED this 27 day of June, 2011. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 27, 2011 Requested By: Patrice Fogarty Department: Ci Sew P tai;�, Report Resolution: Ordinance X Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: NIA Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to appoint the Permanent Board of Directors of the La Porte Fire Control, Prevention and Emergency Medical Services District. This is a discussion /action item for City Council to appoint seven (7) members to serve as Directors of the La Porte Fire Control, Prevention, and Emergency Services District. Those directors previously serving on the Temporaiv Board and desiring to serve as permanent directors are as follows: Dottie Kaminski, Robert Eldridge, Danny Campise, Thomas Dye, III, Johnny Jones, and Rick Guzman. Paul R. Hickenbottom, who served on the Temporaiv Board, is unable to serve on the Permanent Board, resulting in a vacancy. Staff recommends Council appoint a member to fill the vacant position in place of Mr. Hickenbottom. A member of Council may serve on this Board. Action Required by Council: Staff recommends Council adopt this ordinance appointing Dottie Kaminski, Robert Eldridge, Danny Campise, Thomas Dye, III, Johnny Jones, and Rick Guzman to the Board of Directors of the La Porte Fire Control, Prevention and Emergency Medical Services District, and setting conditions of terms of appointment. Staff recommends Council appoint a member to fill the vacant position in place of Mr. Hickenbottom. Approved for City Council Agenda Ron Bottoms, City Manager Date . four ( directors serve terms that expire on September i, 91 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 27, 2011 Requested By: Patrice Fogarty Department: Ci Sew P tai;�, Report Resolution: Ordinance X Exhibits: Roster & applications (at your seats due to confidential info.) Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: NIA Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to make appointments to various boards, commissions, and committees. This is a discussion /action item for City Council to fill a vacant position on the Planning and Zoning Commission to replace Dottie Kaminski, the District 4 appointee, with a term ending August 31, 2013; a vacant position on the Zoning Board of Adjustment to replace Gilbert Montemayor, Alternate 2 appointee, with a term ending August 31, 2012; and to appoint a councilmember as alternate representative to the Houston - Galveston Area Council to replace John Black, without term. Action Required by Council: Adopt this ordinance and fill the vacant position on the Planning and Zoning Commission replacing Dottie Kaminski, the District 4 appointee, with a term ending August 31, 2013; the vacant position on the Zoning Board of Adjustment replacing Gilbert Montemayor, the Alternate 2 appointee, with a term ending August 31, 2012; and to appoint a councilmember as an alternate representative to the Houston - Galveston Area Council to replace John Black, without term. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING 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: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1. - Debra Rihn- Harvey 2013 Position 2. - Nick Hooke 2013 Position 3. - Hector Villarreal 2012 Position 4. - Tucker Grant 2012 Position 5. - Dave Mick 2013 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98 -2265 Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian Rabies Control Authority - Donna Medford, DVM No Term - Ken Adcox No Term Animal Control Officer Animal Welfare Rep. - Clarence Anderson No Term - Dana Dicker No Term City Council At -large Pos. A - John Zemanek No Term Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Convention and Visitors Bureau, without term, until their successors shall have been duly appointed and qualified: City Representative 1 - Stacey Osborne - Appointed 6/2009 Hospitality Industry Professional -Joe Bertuglia - Appointed 2/2008 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Economic Development Representatives, without term, until their successors shall have been duly appointed and qualified: Member - Stacey Osborne - Appointed 6/2009 Member - Mike Mosteit - Appointed 10/2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 - Peggy Antone 2011 Position 2 - Dave Turnquist 2012 Position 3 - Alton Porter 2011 Position 4 - Horace Leopard 2012 Position 5 - Doug Martin 2011 Position 6 - J.J. Meza 2012 Position 8 - Chester Pool 2012 2 The City Council of the City of La Porte hereby ratifies the Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of the City of La Porte Tax Increment Reinvestment Zone Number One. The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 - Lloyd Graham (LPISD) N/A Position 9 - Lindsay Pfeiffer (Harris Co.) 2011 Reappointment Chairman 7/27/09 Section 6. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non - resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board (three (3) year term)- for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 - Tom Campbell 2013 Position 2 - Terry Bunch 2013 Position 3 - Paul Larson 2012 Position 4 - Ron Holt 2012 Position 5 - Ken Schlather 2011 Position 6 - J.P. Jackson 2011 3 Position 7 - Mark Follis 2011 Section 7. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 - George Van Dyke No Term Citizen Position 2 - Steve Valerius No Term Retiree Participant - Aaron Corrales No Term Employee Participant- Matt Daeumer No Term Finance Staff - Michael Dolby No Term H.R. Staff - Heather Weger No Term Legal Staff - Clark T. Askins No Term Alternate Pos. 1 - Martha Gillett No Term Alternate Pos. 2 - Julie Graham No Term Alternate position 1 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member; Alternate position 2 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member, where Alternate Pos. 1 member is not present, or where more than one regular members are absent. Section 8. The City Council hereby makes the following appointments to the Census Count Committee, without term, or until their successors shall have been duly appointment and qualified: Member - Charlie Perry - No Term Member - Vicki Campise - No Term Member - Herman Berges - No Term M Member - T.J. Walker - No Term Member - Earl Ehlers - No Term Member - Jeanne Zemanek - No Term Member - Sherry Lowe - No Term Member - Sarah Lindeen - No Term Member - Vacant - No Term Member - Ernest Escobar - No Term Member - Vacant - No Term Member - Vacant - No Term Member - Don Hill - No Term Member - Paula Swearingen - No Term Member - Marie Meehan - No Term Member - Susan Robinson - No Term Member - Jesse Garcia - No Term Member - Betty Moore - No Term Member - Henry Newsome - No Term Member - Joe Lopez - No Term Ex Officio Member - Ken Bays - City of Morgan's Point Ex Officio Member - David Stall - City of Shoreacres Section 9. The City Council hereby ratifies and confirms the appointment by the City Manager of Civil Service Commission Members of the City of La Porte, (three (3)year term)- for terms expiring of the year indicated, or until their successor shall have been duly appointed and qualified: Chairman - Keith Trainer 8/31/2012 Vice Chairman - Les Bird 8/31/2011 Debra Gallington 8/31/2013 5 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Drainage and Flooding Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Mike Mosteit No Term Vice Chairman Mike Clausen No Term Member Chuck Engelken No Term Member John Zemanek No Term Daryl Leonard - Alternate No Term Section 11: The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 - Jack Oliphant 2011 District 2 - Jeff Brown 2012 District 3 - Woodrow Sebesta 2012 District 4 - Floyd Craft 2012 District 5 - Jim Bridge 2012 District 6 - Lester Clark 2011 At Large -A - Bryan Moore 2012 At Large -B - Paul Vige 2011 Mayor - Lynn Green 2012 Section 12. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: 6 City Council Representative - Michael Dolby No term Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman - Chuck Engelken 1998 Committee Member - Daryl Leonard 2010 Served as Alternate 2 since 2009 Committee Member - Tommy Moser 2010 Served as Alternate 2 since 2004 Served as Alternate 1 since 2009 Alternate Member 1 John Zemanek 2010 Alternate Member 2 - Jay Martin 2010 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Harris County Appraisal District Representative, without term, or until their successors shall have been duly appointed and qualified: Member - Ed Heathcott 12/31/2011 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Houston Galveston Area Council Representatives, without term, or until their successors shall have been duly appointed and qualified: Representative Chuck Engelken No Term Alternate Representative No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, (two (2) year term) - for terms expiring on August 31st of 7 the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 - Randy Woodard 2011 Position 2 - Dennis H. Steger 2011 Position 3 - Steve Valerius 2011 Position 4 - David Janda 2012 Position 5 - Ken Schlather 2012 Section 17. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses,(two (2) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2011 Mike Clausen 2012 John Zemanek 2012 Nancy Ojeda 2011 Richard Warren (President) 2011 Bob Pizzitola (Vice President) 2012 Randy Woodard 2011 Section 18. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: I Health Authority - Abdul R. Moosa, M.D. 2011 Alternate - Robert D. Johnston, M.D. 2011 Medical Advisor /EMS - Oscar Boultinghouse Contract Section 19. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified. In addition the Council ratifies the Mayor's appointment of Lindsay R. Pfeiffer as Chairman: Position 1 - Peggy Antone 2011 Position 2 - Dave Turnquist 2012 Position 3 - Alton Porter 2011 Position 4 - Horace Leopard 2012 Position 5 - Douglas Martin 2011 Position 6 - J.J. Meza 2012 Position 7 - Lloyd Graham (LPISD) N/A Position 8 - Chester Pool 2012 Position 9 - Lindsay R. Pfeiffer, Chairman 2011 Reappointed Chair 7/27/2009 Section 20. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, (three (3)year term) - for terms expiring on August 31 of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1- 2011 Position 2- 2011 Position 3- 2011 a Position 4- 2012 Position 5- 2012 Position 6- 2012 Position 7- 2010 Position 8- 2010 Position 9- 2010 Position 10- Position 10 Eliminated by Ordinance 2004 - 2782 -L on August 28 2006 by City Council action. Position 11- Position 11 Eliminated by Ordinance 2004 - 2782 -L on August 28 2006 by City Council action. There are also three (3) Ex Officio members of this Board: 1 - the City of La Porte's Main Street Coordinator 2 - the City Manager of the City of La Porte, or his designee 3 - the Manager of the La Porte - Bayshore Chamber of Commerce Section 21. The City Council of makes the following appointments to the Zoning Commission, (three (3) year t August 31st of the year indicated, or have been duly appointed and qualified: Chairman - Hall Lawler the City of La Porte hereby City of La Porte Planning and erm)- for terms expiring on until their successors shall 2012 District 1 - Doretta Finch 2011 District 2 - Richard Warren 2012 District 3 - Kirby Linscomb,Jr. 2012 District 4 - 2013 District 5 - Lou Ann Martin 2013 10 District 6 - Les Bird 2011 At Large A - Danny Earp 2013 At Large B - David Janda 2011 Section 22. The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director - Betty Moore 2012 Section 23. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 - Chester Pool 2011 Position 2 - T. J. Walker 2011 Position 3 - Rod Rothermel 2011 Position 4 - Charles Schoppe 2011 Position 5 - George W. Maltsberger 2011 Alternate 1 - Lawrence McNeal 2012 Alternate 2 - 2012 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. 11 Section 24. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 25. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 26. 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. 12 Section 27. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 27 day of June, 2011. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney 13 Council Cover Sheet June 27, 2011 9. AUTHORIZATIONS (a) Consider approval or other action awarding bid #S11001, sale of Lot 25, Block 84 of the Town of La Porte, Harris County, Texas to the highest bidder — S. Cream (b) Consider approval or other action authorizing the Mayor to sign letter to the Texas Department of Rural Affairs regarding federal fair housing laws — T. Tietjens (c) Consider approval or other action awarding RFP #11504 and authorizing the City Manager to enter into a contract with Paskey, Inc., for construction of Little Cedar Bayou Linear Detention — J. Garza ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Susan Cream Department: Finance/Purchasing Report: Resolution: Ordinance Exhibits: HCAD account information Exhibits: Site Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Advertised, Sealed Bids #S11001 - Sale of Lot 25, Block 84 of the Town of La Porte, Harris County, Texas was opened and read on Tuesday, May 31, 2011. Offers to respond were sent to residents /owners surrounding the properties for sale. The property, consisting of 3,125 square feet, had not been appraised nor was a value listed with Harris County Appraisal District. HCAD did shoe a value of $1.00 per square foot for surrounding property without improvements and this was reflected in the specifications. Fred Westergren submitted the only bid in the amount of $1,200.00 and provided the required 5% bid security. Action Required by Council: Consider awarding Sale of Property, Bid #S1 1001 to the highest and only bidder in the amount of $1,200.00. Approved for Cite Council Agenda Ron Bottoms, Cite Manager Date Print Details HARRIS COUNTY APPRAISAL DISTRICT REAL PROPERTY ACCOUNT INFORMATION 0232060340025 Page I of I Tax Year; 2010 Capped Account Value Status Notice Date Shared CAD No Noticed 04/28/2010 No Value as of January 1, 2009 Lacemptions ana jurisaicti sns Description Market Exemption Type Districts Jurisdictions ARB Status 2009 Rate 2010 Rate Total 020 LA PORTE ISD Certified: 08/20/2010 1.325000 1.325000 Code 040 HARRIS COUNTY Certified: 08/20/2010 0.392240 0.388050 0 041 HARRIS CO FLOOD CNTRL Certified: 08/20/2010 0.029220 0.029230 2000 -- Res Vacant Override 042 PORT OF HOUSTON AUTHY Certified: 08/20/2010 0.016360 0.020540 1.00 043 HARRIS CO HOSP DIST Certified: 08/20/2010 0.192160 0.192160 044 HARRIS CO EDUC DEPT Certified: 08/20/2010 0.006050 0.006581 047 SAN JACINTO COM COL D Certified: 08/20/2010 0.170800 0.176277 071 CITY OF LAPORTE Certified: 08/20 /2010 0.710000 0310000 Value as of January 1, 2009 Value as of January 1, 2010 Description Market Appraised Units Market Appraised Land 0 Total Land 0 value Improvement 0 Code Improvement 0 Factor Total 0 0 Total 0 0 LJ Market Value Land Line Description Site Unit Units Size Site Appr O/R Appr O/R Total Unit Adj Unit value Code Type Factor Factor Factor Reason Adj Price Price 1 2000 -- Res Vacant Override SF5 SF 3,125 1.00 1.00 1.00 -- 1.00 0 0 0 Building Vacant (No Building Data) http:l /wwvv.head.org /retards/ print. asp? crypt= °r`o94 °f`9A %B0 °f`94`/fB g`i'a84`/`8 F%82 %7C j... 4/1 /2011 Print Details Page 1 of 1 HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2010 REAL PROPERTY ACCOUNT INFORMATION 0232060840025 Owner and Property Information Value Status Owner Name & CITY OF LA PORTE Shared CAD Legal Description: LT 25 BLK 84 Mailing Address: PO BOX 1115 No LA PORTE ISD LA PORTE LA PORTE TX 77572 -1115 1.325000 Property Address: 0 BROADWAY Certified: 08/20/2010 0.392240 0.388050 LA PORTE TX 77571 State Class Code Land Use Code Land Area Total Living Area Neighborhood Map Facet Key Map® X1 -- Governmental Exempt 2000 -- Residential Vacant 3,125 SF 1 0 SF 1 2164.03 1 6254D 1 540X Value Status Information Capped Account Value Status Notice Date Shared CAD No L:::::: Noticed 04/28/2010 No Exemptions and Jurisdictions Exemption Type Districts Jurisdictions ARB Status 2009 Rate 2010 Rate Total 020 LA PORTE ISD Certified: 08/20/2010 1.325000 1.325000 040 HARRIS COUNTY Certified: 08/20/2010 0.392240 0.388050 041 HARRIS CO FLOOD CNTRL Certified: 08/20/2010 0.029220 0.029230 042 PORT OF HOUSTON AUTHY Certified: 08/20/2010 0.016360 0.020540 043 HARRIS CO HOSP DIST Certified: 08/20/2010 0.192160 0.192160 044 HARRIS CO EDUC DEPT Certified: 08/20/2010 0.006050 0.006581 047 SAN 3ACINTO COM COL D Certified: 08/20/2010 0.170800 0.176277 071 CITY OF LAPORTE Certified: 08/20/2010 0.710000 0.710000 Valuations Value as of January 1, 2009 Value as of January 1, 2010 Market Appraised Market Appraised Land 0 Total Land 0 Improvement 0 Improvement 0 Total 0 0 Total 0 0 La nd Market Value Land Site Unit Size Site Appr O/R Appr O/R Total Unit Adj Unit Line Description Units Value Code Type Factor Factor Factor Reason Adj Price Price 1 2000 -- Res Vacant Override SF5 I SF 3,1251 1.00 1.00 1 1.00 -- 1.00 0 0 0 Buildi Vacant (No Building Data) http: / /www.hcad.org/ records /print. asp? crypt= %94 %9A %BO %94 %BFg %84 %8F %82 %7Chj ... 4/1/2011 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibits: Draft Letter to TDRA Exhibits: FHAST Form Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Texas Department of Rural Affairs (TDRA) administers the Hurricane Ilse Disaster Recoveiv process and acts to distribute the Communitv Development Block Grant (CDBG) Ilse funding to impacted jurisdictions. The funding is being distributed in two rounds, to which the City has been allocated 1.4 and 6.2 million respectively for non - housing related projects. Additional monies were allocated for the housing related programs currently being administered by Harris County Community Services. For round two, the State of Texas entered into a conciliation agreement with complainants, Texas Low Income Housing Information Service (TxLIHIS), and Texas Appleseed, which are organizations that advocate for federal fair housing practices. Per that agreement, recipient jurisdictions are now required to undergo an additional review and approval process (denoted as FHAST) by those organizations as a condition for the use of those funds. Jurisdictions receiving the funds are being required to submit a letter ensuring certain fair housing actions will be undertaken and implemented by the City. The City currently advocates for fair housing practices and is an active provider of significant affordable housing in La Porte. Nonetheless, the City has previously accepted federal HOME /CDBG funds for various projects, and continues to be subject to federal fair housing laws, regardless of whether or not CDBG Ilse are accepted. Action Required by Council: Consider action authorizing the Mayor to sign the letter to the TDRA complying with the actions listed therein. Approved for City Council Agenda Ron Bottoms, City Manager Date City Letterhead DRAFT June 27, 2011 Mr. Steve Swango Texas Dept. of Rural Affairs — Disaster Recovery Division P.O. Box 17900 Austin, Texas 78760 Re: Notice of Complainants Request for Additional Information (May 12, 2011) Dear Mr. Swango: The City of La Porte has reviewed this notice and reviewed the comments with our grant administrator, Bruce Spitzengel of GrantWorks, who consulted with the TDRA Fair Housing Compliance Consultant as advised. As requested in the Complainant's letter, the City will perform the following activities: 1) The City will work with and coordinate with local Fair Housing advocates and non - profits to better understand what the barriers are and how to overcome those identified. 2) The City will augment the FHAST activities for those items specifically identified in the Harris County Analysis of Impediments. 3) The City is willing to engage in a regional fair housing planning process working with the State Fair Housing Consultant to identify details of such a regional fair housing planning process. The City looks forward to working with TDRA on our Disaster Recovery efforts. Sincerely, Louis R. Rigby Mayor City of La Porte Fair Housing Activity Statement — Texas Recognizing that each jurisdiction is unique, this Fair Housing Activity Statement - Texas is intended to be used in conjunction with the Al as a form to help the applying jurisdictions perform assessments of their impediments to fair housing choice, plan actions to address identified impediments, and communicate their plans to the State of Texas and HUD. BEFORE beginning to fill out this form, each jurisdiction should: (1) Participate in the regional FHAST Form training. (2) Review the 2010 Texas Interim Al in detail; (3) Gather relevant information (see instructions in Appendix A); (4) Convene a FHAST Working Group to assess the data collected in #2 and fill out the FHAST form (see instructions in Appendix A.) Impediment #1 Protected classes may experience disparities in home mortgage lending and high cost loans. No local action is required at this time. Impediment #2 There is inadequate information available to the real estate community, governments and the public about fair housing requirements and enforcement procedures. No local action is required at this time. Impediment #3 The public is not sufficiently aware of their Fair Housing rights and how to obtain the assistance necessary to protect those rights. Consistent with the Fair Housing Act, TDHCA, TDRA, and funded sub - recipients should continue to promote and conduct events to celebrate April as Fair Housing Month, and direct sub - recipients to do the same. These events can demonstrate support for fair housing and build awareness. ❑ We will commit to undertake Fair Housing Month activities. (Check all that apply.) ❑ Passage of a resolution by our governing body. ❑ Activities in schools. ❑ Placing posters in public buildings. ❑ Governing body will hold a special hearing to solicit input from the community. ❑ Other. Please specify. 1 When will you undertake these activities? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 2. Consistent with the Fair Housing Act, TDHCA, TDRA and funded sub - recipients have historically conducted fair housing activities at various times of the year and should continue to fund, depending on sufficient appropriations, or collaborate with public and private agencies, organizations and groups to plan and conduct fair housing activities. ❑ We will conduct/sponsor /fund in fair housing activities at various times of the year other than "April as Fair Housing Month ". Attach a description of these activities and identify the organizations and agencies you have worked with. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) Impediment #4 "Not in my Backyard" (NIMBY) may be an impediment to fair housing in Texas communities. NIMBY opposition needs to be anticipated and planning and outreach should occur on the front end of projects. To mitigate defensive and reactive responses, planning should include strategies for education, outreach and marketing that provide accurate information and promote the positive aspects and benefits of affordable housing to build support among community residents. 2. Specific examples of prior actions by communities are listed in HUD's Fair Housing Guide: Volume 2. pages 7 -106 -- 7 -110 and includes a number of examples that communities have used to mitigate NIMBY opposition. Generally communities should consider: • Working with local officials, editorial boards, religious and civic organizations and other community leaders to initiate education programs. • Seeking opportunities to present information to community organizations by requesting to be placed on their meeting agendas. • Including a visit to the Group Home residence as part of an education program. • Answering all questions. • Talking with local neighborhood leaders, including elected representatives, and setting up a neighborhood meeting. • Setting up a liaison committee consisting of advocates, group residents, and neighborhood residents to discuss issues. • Identifying areas that meet AFFH targets where the community supports development, has worked with community groups and potentially uses funds to assist the development of multi - family affordable housing. ❑ We have developed an anti- NIMBYism action plan. [Attach a copy or description] Ill "In the face of NIMBY attitudes grantees can adopt a stance that in essence goes along with them or strongly counters such sentiments with positive actions to overcome them and allay fears and concerns with facts." HUD's Fair Housing Guide: Volume 2, pg 7 -106 ❑ We will develop an anti- NIMBYism action plan. [Designate who will be responsible for developing this plan. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) Impediment #5 Certain governmental policies and practices may not meet current HUD policy concerning affirmatively furthering fair housing. Jurisdictions should act to ensure that their policies and procedures affirmatively further fair housing, address mal- distribution of resources, and that they do not unnecessarily impact housing choice. As part of certifying that a community is affirmatively furthering fair housing, jurisdictions that have long -term infrastructure plans should review them to determine if the plan promotes racial concentrations or otherwise inadvertently results in disparate treatment of members of protected classes. While not intended to direct a community to hire a consultant, it is anticipated that a community will review its long -term infrastructure plans as part of this recommended action. In reviewing the project list in Appendix F there are many projects that are listed as being of community -wide benefit. The records do not indicate the actual location of projects or provide adequate discussion of how the projects benefit the entire community. ❑ We have a long -term infrastructure plan and will review the plan to determine if it promotes racial concentrations or otherwise inadvertently results in disparate treatment of members of protected classes as it relates to the availability of housing. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) ❑ We have already collected information on the locations of protected populations and have adequate information for insuring that new projects with "citywide benefits" will not perpetuate illegal differences in treatment. ❑ We will use the information in Appendix (X) of the Al to ensure that proposed projects do not perpetuate illegal differences in treatment. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 2. As it has been determined under federal law that Fair Housing applies to all federal housing and community development funds, to reduce "siloing" the fair housing component into only housing - related programs, fair housing should be considered in all activities for all local community planning staff. ❑ We have determined that consideration of Fair Housing implications has already been incorporated into all aspects of planning in this jurisdiction. [Please attach supporting documentation.] ❑ We will review and insure that Fair Housing implications are addressed in all aspects of planning in this jurisdiction in a manner consistent with the guidelines provided by the state at the FHAST form training and maintain documentation of that review. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 3. It would be beneficial for local elected officials to require senior staff of any subrecipient such as a city or county — including managers and attorneys —to receive available Fair Housing training within the first 12 months of their employment or engagement. ❑ We have a policy in place providing for all senior staff – including managers and attorneys – to receive Fair Housing training within their first 12 months on the job, and for long -term senior staff to receive regular updated training. [Attach copy of policy] ❑ We do not have such a policy and will develop and implement one. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 4. As part of what is usually a common initial training by the associations that provide education opportunities for newly- appointed board members or newly - elected council or commissioners court members of cities and counties, the state should request that training include specific information on the Fair Housing Act —with a discussion of affirmatively furthering fair housing obligations. No local action is required at this time. 5. Local communities should consider limiting the concentration of infrastructure improvements like wastewater treatment, solid waste disposal, or similar necessary but not desirable infrastructure projects in residential areas where there are concentrations of protected classes. ❑ We have an official policy that limits the concentration of certain infrastructure improvements. [Attach a copy.] ❑ We have official policies and procedures that take the location of protected classes into account when deciding where to locate undesirable infrastructure improvements. [Attach a copy.] ❑ We do NOT have limits on the concentration of undesirable infrastructure improvements or policies and procedures that take the residential location of 0 members of protected classes into account, but will develop formal limits or official policies and procedures. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 6. Communities electing to provide publicly financed housing incentives should be requested to call for recipients to engage in affirmative marketing. ❑ We have a policy requiring Affirmative Marketing Plans from developers seeking tax abatements or other supports for new housing. ❑ We do not have such a policy and will develop and implement one. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 7. If a jurisdiction is a non - entitlement community, when working in LMI areas to replace roads or other infrastructure, the jurisdiction should consider making application for additional sources of funding to provide assistance to repair substandard housing associated with the project (i.e., TDHCA or HUD.) ❑ We formally consider accessing supplementary funds when infrastructure proposals are developed. [Attach policies.] ❑ We have not consistently done this in the past and we will develop a process to formally consider making housing funding applications when funds for infrastructure projects are sought. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 8. Most infrastructure projects take into account items like curb cuts, sidewalks, hearing and visually impaired indicators at intersections. When approving non - federally funded projects, similar special needs construction should be required for infrastructure improvements. Projects should also address other legacy discrimination issues, such as accessibility in public areas like courthouses, community centers and other high traffic areas. ❑ We currently require that applications for non - federally- funded infrastructure projects are ADA compliant and address other legacy discrimination issues. ❑ We do not have such a requirement. We will develop one. When will you do this? ❑2011 ❑ Not Applicable (Explain) 9. Each jurisdiction applying for Community Development Block Grant funds or other federal housing and community development funds should submit a Fair Housing Activities Statement – Texas ( FHAST) with their application, reviewing their infrastructure needs and housing needs and how the proposed activity promotes fair housing or results in more equitable treatment of protected classes. Projects with community -wide benefits should be accompanied by explicit commitments on the part of the local jurisdictions to undertake additional activities to affirmatively further fair housing along with a monitoring and reporting process. ❑ We submit a FHAST form. When will you begin to do this? ❑ 2011 ❑ Not Applicable (Explain) 10. As part of the non - housing disaster recovery program, jurisdictions should consider low- income areas and areas populated principally by members of protected classes to determine the potential for flooding and consider making infrastructure expenditures to help protect the impacted communities — including colonias. ❑ We have reviewed LMI areas and areas populated principally by members of protected classes, and prioritized infrastructure expenditures to help protect the impacted communities — including colonias. ❑ We have not done this in the past but will conduct such a review and consider these infrastructure projects in the future. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 11. If applicable, all policies should be reviewed regarding denying applicants' access to disaster recovery CDBG funds if their residence is located in the flood plain. If the policy does not allow participation by restricting building in flood plains, then the policy should be assessed to see if alternative housing programs could be implemented for the residents. Local jurisdictions should analyze the results and see if protected classes are more frequently harmed by flood plain restrictions. This action does not apply to the TDRA CDBG Disaster Relief Fund that limits property purchase "unless TXCDBG receives satisfactory evidence that the property to be purchased was not constructed or purchased by the current owner after the property site location was officially mapped and included in a designated flood plain." ❑ We have completed this review and analysis and will take action on our findings. ❑ We have not completed this review and analysis. We will do so and take appropriate actions based on our findings for Round 2 programs. D When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 12. When an entire community is in a flood plain, the community should establish clear standards that allow for proper elevation or relocation, and that also allows for visitability /special needs considerations consistent with state [31 and federal law. ❑ We have established clear standards that allow for proper elevation of homes or for relocation, and also allow for visitability /special needs considerations consistent with state and federal law. [Attach documentation.] ❑ We have not developed these standards but will do so for Round 2 programs. When will you do this? ❑2011 ❑ Not Applicable (Explain) 13. Local jurisdictions that accommodated the relocation of disaster survivors resulting in concentrations of protected class survivors in specific areas should establish Moving to Opportunity Programs and include renters in their Moving to Opportunity Programs as defined under Round 2. ❑ This action step applies to our jurisdiction. We will establish a Moving to Opportunity Program for disaster survivors as part of our Round 2 housing recovery program. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 14. Consistent with the process established in the conciliation agreement, local jurisdictions and state agencies should work together to determine a demographic and economic profile of victims of the natural disaster and establish goals for assisting these populations in no less that the proportions they were impacted by the disaster. These goals should be performance goals and disaster recovery funds should be extended incrementally in a manner to ensure that these populations are equitably assisted with benefits. ❑ We will cooperate with state agencies to carry out this action step. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) [3] Texas Government Code Section 2306.514 7 15. All infrastructure programs funded with disaster recovery funds should be designed so that any publicly accessible infrastructure projects and associated facilities are fully accessible to persons with disabilities. ❑ We have established clear policies and procedures to insure that all infrastructure programs funded with disaster recovery funds will be designed so that any publicly accessible infrastructure projects and associated facilities are fully accessible to persons with disabilities. [Attach documentation.] ❑ We have not developed these standards and policies; we will do so for Round 2 infrastructure projects. The person or entity responsible for developing these standards will be When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 16. Consistent with the Conciliation Agreement, family and elderly public housing units damaged or destroyed by the disaster should be reconstructed or repaired in a manner that affirmatively furthers fair housing utilizing disaster recovery funds within 24 months of approval of the initial application for disaster recovery assistance for the local jurisdiction. ❑ We affirm that family and elderly public housing units damaged or destroyed by the disaster will be reconstructed or repaired in a manner that affirmatively furthers fair housing utilizing disaster recovery funds within 24 months of submission of the initial application for disaster recovery assistance by the local jurisdiction. ❑ Not Applicable (Explain) Impediment #6 Governmental entities at all levels do not appear to have been proactive in the enforcement of both the Fair Housing Act and the obligation to affirmatively further fair housing. The State and subrecipients should implement a robust and effective structure for identifying and pursuing suspected violations. Given the potential for increase in Fair Housing enforcement action by federal and state agencies and private organizations, an ongoing fair housing testing program for areas that receive federal housing and community development funds could be beneficial to protect state agencies and sub - recipients from potential repayment. Fair housing enforcement is a valid use of CDBG funding and can be used to establish testing programs by agencies trained in HUD testing procedures. The state, or local jurisdictions combining together, should consider conducting tests in areas that include the following: steering in sales and rental; the denial of and different terms and conditions based on race, national origin, familial status, and disability in sales and rental; predatory and disparate terms and conditions in lending and insurance; and foreclosure modification schemes targeting minority neighborhoods. The state should also consider education to applicable entities on self- testing and self- correction. ❑ We currently have a testing program for Fair Housing violations. For more information, please contact ❑ We do not have a testing program for Fair Housing violations and plan to establish one. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 2. TDHCA should, as a pilot program, allocate funds to independent third parties or a combined jurisdiction team identified in point 1 of this section to provide similar testing to determine if additional enforcement is necessary. No local action is required at this time. 3. Impacted agencies that provide certification that they are affirmatively furthering fair housing as required by federal law, should consider publishing a public document on enforcement that provides the public and communities with a clear description (and chart) of the state and Federal Fair Housing Act. ❑ On documents concerning housing and community development programs that are provided to the public, we will list fair housing enforcement contacts and procedures consistent with the State suggested language when it is provided in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 4. Each community should place on its website (if one is available) the contact, at the local, state, and federal levels, for reporting a Fair Housing complaint, if citizens believe they were victims of housing discrimination. ❑ We have published the contact information — at the local, state and federal levels — for reporting a Fair Housing complaint. [Attach a copy or URL] ❑ We have not done so but will do so. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 5. Each local jurisdiction should publish on its website a clear statement, approved jointly by TDRA and TDHCA, expressing the jurisdiction's obligation to affirmatively further fair housing and providing a method for reporting suspected noncompliance to the state and to HUD. The jurisdiction's contact person should be able to refer to clear local Fair Housing procedures for the complaint process, keep logs and records of all inquiries, allegations, complaints and referrals. These reports should be sent to the appropriate funding agency. Where these reports show that a jurisdiction has administered 4 programs inconsistently with the Al and had the effect of discouraging applications from members of protected classes who are deemed eligible under the plan for assistance, affirmative marketing plans should be developed and submitted to the appropriate agency. ❑ We have published a policy statement expressing our jurisdiction's obligation to Affirmatively Further Fair Housing. [Attach a copy or URL.] ❑ We will publish a policy statement consistent with the language the State provides in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) ❑ We have developed clear procedures for the Fair Housing complaint process. [Attach a copy] ❑ We will develop clear procedures for the Fair Housing complaint process once more guidance in given by the State in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) ❑ We keep complete logs and records of all Fair Housing inquiries, allegations, complaints and referrals and have a policy statement about these legal records. ❑ We will begin keeping required logs and records. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) ❑ We have remedial procedures for developers, landlords, home sellers and others whose actions may be inconsistent with Fair Housing laws and regulations. ❑ We do not have remedial procedures but will develop them. The agency or person who will be responsible for developing these procedures is When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 10 Impediment #7 Many local jurisdictions have zoning codes, land use controls, and administrative practices that may impede fair housing choice and fail to affirmatively further fair housing. The law anticipates that ordinances creating disparate impact should also be reviewed for change. If a disparate impact is determined to exist by the local jurisdiction, it could repeal or amend the restriction, use public funds to offset the cost through homebuyer assistance programs, or waive fees or other offsets to make the home more affordable. ❑ We recently conducted or updated a Fair Housing Review of our ordinances and codes. ❑ We have not done so but will conduct a review ❑ We have a policy statement /guidance for those responsible for developing codes /ordinances that reminds them to consider and document the Fair Housing /AFFH implications of any new rule. ❑ We do not have such a policy /guidance but will develop one when suggested guidelines are provided by the State in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 2. To help limit concentrations that could be considered impediments to affirmatively furthering fair housing, jurisdictions that have long term planning documents for housing growth or redevelopment, or revitalization plans, should consider allowing or encouraging mixed income affordable housing in the plan and provide incentives for development of this type of housing in areas that are not concentrated. ❑ We recently conducted a Fair Housing Review and took /are taking appropriate action concerning our planning documents. [Attach a list of plans reviewed, a summary of findings, and actions you will take to remove impediments] ❑ We have not done so but will conduct a Fair Housing Review after the State provides suggested guidelines in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) ❑ We have identified residential areas that show concentrations or underrepresentation of protected groups, and we encourage mixed - income affordable housing and other strategies to widen housing choice throughout our jurisdiction. 11 ❑ We have not done so but will include this in our MAST plan once guidelines are provided by the State in 2011. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 3. Local jurisdictions seeking CDBG Disaster Recovery funds from the state should consider offering expedited permitting and review processes for affordable housing projects within high opportunity target zones. ❑ We currently offer incentives to developers to locate affordable housing projects in high opportunity neighborhoods and prevent overconcentration. ❑ We have not done so but will. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) Impediment #8 Inadequate planning for re- housing after an emergency situation creates a situation where persons who are uninsured or under - insured, low income, or special needs can be displaced for long periods of time. Some legislators, the Sunset Commission, and communities acknowledge that while temporary disaster housing is a federal program, Texas should continue to provide guidance to local governments on additional planning that needs to be done as part of the emergency preparedness planning to most efficiently work with FEMA. No local action is required at this time. 2. As much of what FEMA has previously offered is travel trailers or manufactured housing, local governments should review their zoning requirements or other land use provisions that restrict temporary housing or housing on an existing lot during the building process and look at potential waivers that do not risk or negatively impact health, safety, and welfare during a period after disasters so that low income persons can move back to their existing communities with temporary housing while waiting for redevelopment. ❑ We have reviewed our zoning requirements and other land use provisions and have provided waivers or other accommodations for post- disaster housing. ❑ We have not done so but will review our zoning and look at potential waivers. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 12 Impediment #9 There are impediments in public and private actions and private attitudes to housing choice for persons with disabilities. To meet federal Fair Housing requirements for zoning and neighborhood uses, jurisdictions should look to determine if there are direct or indirect limitations in codes that would prevent facilities or personal residences from providing assistance or communities of choice or service- enriched environments that directly impact special needs persons. 2. Local jurisdictions should work to ensure that zoning or code requirements do not unnecessarily impose stricter commercial building requirements, such as emergency access or protection services, on group homes, thereby dramatically increasing housing costs for persons with special needs. ❑ We have reviewed our codes and ordinances and have addressed /are addressing any impediments relating to special needs persons, including (1) rules that might prevent facilities or personal residences from providing assistance or communities of choice or service- enriched environments that directly impact special needs persons, and (2) rules that might unfairly increase the costs to special needs persons. ❑ We have not done so but will conduct a review and address any impediments identified once guidelines are provided by the State in 2011. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) 3. Local jurisdictions should consider coordinating with the legislatively created Housing and Health Services Coordination Council for best practices on working with supportive services. ❑ We agree to coordinate with the legislatively created Housing and Health Services Coordination Council for best practices on working with supportive services. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) Impediment #10 There are barriers to mobility and free housing choice for Housing Choice Voucher holders including: inadequate tenant counseling services and mobility assistance, failure of PHAs to apply for the FMR pilot demonstration funds, and government policies, procedures, and regulations that tend to decrease participation by private housing providers and to restrict available housing to "racially or low- income populated neighborhoods" with little access to economic, educational, or other opportunity. 13 No local action beyond compliance with Round 2 Housing Guidelines is currently required but communities are encouraged to work with local public housing authorities to understand and overcome these impediments. Impediment #11 Loss of housing stock in Hurricanes Dolly and Ike compounded the shortage of affordable housing in disaster recovery areas. This shortage is particularly acute in safe, low- poverty neighborhoods with access to standard public services, job opportunities and good schools. No local action is required at this time. TDRA and TDHCA will develop a statewide strategic plan including guidance for local jurisdictions on the following Action Steps in 2011. 1. To help offset the costs of developments that feature reduced rents without government support, local jurisdictions should consider establishing density bonuses to allow for higher levels of units per site for multifamily developments and single - family developments that propose increased affordability. 2. TDHCA and HUD have developed programs that preserve affordable housing. Continuing in this vein, the state and local jurisdictions should work to preserve existing affordable housing development and discourage them from converting to market rate housing. Requirements should be included in all publicly funded developments providing tenants with early and clear notification of the intention of management to convert to market rate housing and providing first right of refusal to nonprofit and public entities and organizations to purchase units to maintain affordability. 3. The state and local jurisdictions should consider using CDBG funds to buy down the cost of land in high -cost and high - opportunity development areas to increase affordable housing options in these areas. Impediment #12 Lack of financial resources for both individuals and housing providers limits Fair Housing choice. Using an effective program under Section 3 of the Housing and Urban Development Act of 1968 may help members of protected classes gain economic opportunities necessary to allow them to exercise fair housing choice. The state is maximizing its resources in Round 2 of the Ike /Dolly funding to affirmatively further fair housing in single family and multi - family developments. As called for in the Conciliation Agreement, the state is looking to provide more integrated housing options for persons in racially concentrated or poverty concentrated neighborhood groups. In single - family programs, the state should require subrecipients to offer the opportunity to relocate out of floodplain areas, concentrations of racial minorities, or concentrations of poverty— through the Homeowner Opportunity Program. Any relocation should be into an area that does not result in simply relocating the high- concentration from one area to another. Local jurisdictions will be responsible for complying with Section 3 as part of their contract with the state. 14 2. Jurisdictions receiving federal funds from HUD, directly or indirectly, should ensure they have a compliant Section 3 program to meet HUD requirements regarding notification to LMI eligible persons of potential job creation at the impacted neighborhood level with federal funds. ❑ We have in place a Section 3 program that meets the requirements of federal law and regulations regarding potential job creation at the impacted neighborhood level and the use of federal funds to hire local LMI eligible persons. We confirm that appropriate staff persons in this jurisdiction have already received training on Section 3, regarding job creation for local LMI persons including members of protected classes. [Attach Section 3 plan and list of staff names and training dates] ❑ We have not done so but will develop a Section 3 program that meets the requirements of federal law and regulations and that ensure appropriate staff receive training. When will you do this? ❑ 2011 Impediment #13 Location and lack of housing accessibility and visitability standards within political jurisdictions limits fair housing choice for persons with disabilities. 1. Local jurisdictions should consider establishing incentives for affordable housing applicants to create an increased set -aside of housing units for persons with disabilities or persons who are elderly without violating the existing TDHCA integrated housing rule. 2. TDHCA and local jurisdictions should consider adding proximity to medical facilities as a scoring incentive for competitive programs using federal funds for proximity to medical facilities. 3. TDHCA should require that all federally funded housing construction be built to accessibility standards found in Texas Government Code §2306.514. ❑ We have formally considered: 1) establishing incentives for affordable housing developers to create an increased set -aside of housing units for persons with disabilities or persons who are elderly without violating the existing TDHCA Integrated Housing Rule; 2) providing point incentives for units in proximity to medical facilities for competitive programs using federal funds; and 3)requiring new housing built with federal funds to be built with structures that allow for accessible features, regardless of whether the original occupant needs the features, as called for by state law. [Attach documentation of the review and resulting actions.] ❑ We have not undertaken the above review, but plan to do so. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 15 Impediment #14 Many colonias residents live in developments that have insufficient infrastructure and protections against flooding and are impacted by flooding beyond events like Hurricanes Dolly and Ike. 1. The state, COGs, and local jurisdictions should examine the infrastructure needs in colonias, in particular the use of CDBG disaster recovery funds to provide drainage improvements to correct flooding problems in the wake of Hurricane Dolly, and the historical provision of public infrastructure and housing assistance to meet those needs in border and non - border colonias. ❑ We have identified the unserved infrastructure needs of colonias within our jurisdiction and whether these infrastructure improvements are eligible for disaster recovery funding and, if so, whether those projects will be funded. ❑ We have not undertaken the above review, but plan to do so. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) Impediment #15 Minority neighborhoods in disaster areas are primarily served by non - regulated insurance companies that do not adhere to underwriting guidelines and may be discriminated against in the provision of insurance. Texas has passed aggressive statues to prevent insurance "redlining." National research indicates that protected classes face unwarranted disparities in the cost of insurance, the amount of coverage, and cancellation of policies without notice to the homeowner. No local action is required at this time. Impediment #16 Many jurisdictions do not have adequate Analysis of Impediments to Fair Housing or Fair Housing Plans, and do not keep sufficient records of their activities. Recipients of CDBG funds from HUD for housing should maintain records as required by the Fair Housing Act, HUD regulations, and the Conciliation Agreement in order to document that they are carrying out their commitments and affirmatively furthering fair housing. ❑ We currently maintain all required records to document our AFFH actions and compliance with Fair Housing laws, HUD and State regulations, and the Conciliation Agreement. [Attach details of the records now kept and identify the person or entity responsible for keeping these records.] ❑ We have not done so but do so in compliance with TDRA and TDHCA guidance. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 16 2. As required under the Conciliation Agreement, the State will conduct a new Statewide Al after HUD approval of the Phase 1 Al. Entitlement communities should conduct new Als or update current Als to ensure that they address all recommended data and issues and specifically address issues related to all protected classes under the Fair Housing Act. Race and national origin, as well as the other protected classes, must be identified independent of low and moderate - income categories in order to understand the impact of actions, practices, regulations, ordinances, and other factors on them. ❑ We recently completed a formal Analysis of Impediments, are currently updating an existing Al, or are conducting our first Al. [Attach most recent Al or draft.] ❑ We are using the FHAST form process to analyze our impediments to fair housing and plan how to address them. When will you do this? ❑ 2011 ❑ Not Applicable (Explain) Alternative or additional Local Action Steps developed by this jurisdiction To address unique impediments to fair housing within each community, local jurisdictions are encouraged to develop alternative action steps to be adopted in lieu of or in addition to those set out in the State of Texas Interim Analysis of Impediments to fair housing. If your jurisdiction elects to propose alternative or additional action steps, please describe them below. ❑ We plan to take additional Action Steps, described in an Attachment ❑ We will not take additional FH Action Steps at this time. When will you do this? ❑ 2011 ❑ 2012 ❑ 2013 ❑ Not Applicable (Explain) 17 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested June 27, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: RFP from Paskev, Inc. Exhibit: RFP from Mar -Con Services, LLC Exhibit: Price Reduction from Paskev, Inc. Exhibit: Location Map Appropriation Source of Funds GEN 849 /GEN 957 Account Number: 040- 9892 -849 -5100 050- 9892 - 957 -1100 Amount Budgeted: 51,133,136.10 Amount Requested: S1,567,577.37 Budgeted Item: A YES __v0 SUMMARY Advertized, sealed RFP 4 11504 — Little Cedar Bavou Linear Detention opened on April 12, 2011. The City received proposals from two (2) vendors and evaluated the proposals based on cost, qualifications, experience and references. The best qualified offerer was determined to be Paskey, Inc. with a construction amount equal to $1,616,930.83. This cost includes both the remaining soil excavation. as well as the $1,200,000 worth of drainage structures that the city had committed to fund as part of the previous BSP contract. In an effort to reduce the project cost, the vendor was asked to evaluate the proposal by pricing a reduced slope paving thickness from 6 and 8 inch concrete slope paving as shown on the construction plans to 5 inch concrete slope paving and request compensation from spoil disposal from the recipient, Port Crossing. The total cost savings offered were $124,000, reducing the construction cost to $1,492,930.83. The $1,133,136.10 budgeted for this project will be supplemented with $434,441.27 (represents the difference in cost) from the 2010 Drainage Bond fund. Staff recommends award of contract in the amount of $1,492,930.83 to the best qualified offerer, Paskey, Inc. Staff also recommends authorizing a 5% contingency equal to $74,646.54 for a total authorized amount requested of $1,567,57737. Action Required by Council: Authorize the City Manager to enter into contract with Paskev, Inc. in the amount of $1,492,930.83 and further authorizing a 5% contingency of $74,646.54 for a total amount of $1,567,57737 for construction of Little Cedar Bavou Linear Detention. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte Section 00300 City Forms, Certifications, Notifications CITY OF LA PORTE CERTIFICATION BY RESPONDENT City of LaPorte Ordinance #88,2217 prohibits any expenditure for goods or services by the City of LaPorte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281 - 470 -5126. If undersigned respondent is not in compliance with Ordinance 98 -2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the proposal, or non - compliance with said ordinance shall be just cause for rejection or disqualification of proposal. 0 'I e e undersigned hereby certifies that It is in compliance with Ordinance 98 -2217. e. ��4 T Or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (initial one of the above) Business Name Paskey in Address: P.O. BO) 5 4 Pasad�q ;' T exa,8` 1'_'7 5 8 Authorized Signature: Printed Name: Curtis W. Pa Date: 4/12/2011 City of La Porte Section 00800 City t=ornns, Certifrcations, Notifications CITY OF LA PORTE INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and /or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor orsaid Subcontractors oranyone forwhose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor=s employees or independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. Paskey Incorporated 4/12/2011 Contractor Date Curtis W. Paskey Printed Name" Signature „ „”— City of La Porte PROJECT IDENTIFICATION: RFP #11604 -- LITTLE CEDAR BAYOU LINEAR DETENTION THIS PROPOSAL IS SUBMITTED TO: City of La Porte Attn: Purchasing Department 2936 North 23 Street La Porte, Texas 77571 (hereinafter called OWNER) Section 00414 PROPOSALFORM The undersigned Respondent proposes and agrees, if this Offer is accepted, to enter Into an Agreement with OWNER In the form included In the Contract Documents to perform and furnish all Work as specified or Indicated In the Contract Documents for the Proposal Price and within the Proposal Times indicated in this Solicitation and in accordance with the other terms and conditions of the Contract Documents. 2. Respondent accepts all of the terms and conditions of the Offreial Notice to Respondents and Instructions to Respondents, Including without limitation those dealing with the disposition of Proposal Security. This Proposal will remain open for the period of time specified In the Official Notice to Respondents after the day of Proposal opening. Respondent will sign and deliver the required number of counterparts of the Agreementwith the Bonds, evidence of Insurance coverage, and other documents required by the Solicitation Requirements within 15 days after the date of OWNER'S Notice of Award. 3. In submitting this Proposal, Respondent represents, as more fully set forth In the Agreement, that: a. Respondent has examined and carefully studied all the Solicitation Documents and the following Addenda receipt of all which Is hereby acknowledged: Addendum Addendum Date Number S €gnature b. Respondent has visited the site and become familiar with and satisfied itself as to the general, local, and site condition that may affect cost, progress, performance and furnishing of the work; c. Respondent is familiar with and has satisfied itself as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and finishing of the Work. City of La Porte Section 00410 PROPOSALFORM e. Respondent acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of Information and data shown or indicated in the Solicitation Documents with respect to Underground Facilities at or contiguous to the site. Respondent has obtained and carefully studied (or assumes responsibility for having done so) all such examinations, investigation, explorations, test, studies, and data concerning Conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work orwhich relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Respondent and safety precautions and programs incident thereto. Respondent does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Proposal for performance and furnishing of the Work in accordance with the time, price, and other items and conditions of the Contract Documents. f. Respondent Is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Proposal is submitted as indicated in the Contract Documents. g. Respondent has correlated the information known to Respondent from Information and observation obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, Investigations, explorations, tests, studies, and data with the Contract Documents. h. Respondent has given ENGINEER or specified City Representative written notice of all conflicts, errors, ambiguities, or discrepancies that Respondent has discovered in the Contract Documents and the written resolution thereof by ENGINEER or City Representative Is acceptable to Respondent, and the Contract Documents are generally sufficientto indicate and convey understanding of all terms and conditions for performing and furnishing the Worts for which the Proposal is submitted. I. This Proposal is genuine and not made in the interest or on behalf of any undisclosed person, firm or Corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or Indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or a corporation to refrain from Responding; and Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over OWNER. 4. Respondentwill complete the Work In accordance with the Contract Documents for the following prices: 5. Respondent agrees that the Work will be substantially completed and completed and ready for final payment In accordance with Article 14 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6. Respondent accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a Condition of this Proposal, if required: a. Proposal Security in the fort of Certified Check or Bond in the amount of five percent (6 %). b. Respondent Qualification Statement with supporting data. City of La Porte Section 00410 PROPOSALFORM 8. Communications concerning this Proposal shall be addressed to the Respondent as indicated below: Name: Paskey Incorporated Address: P.O. Box 5724 Pasadena, Texas 77508 State: Texas Telephone No.: 281 -941 -9321 9. The terms used In this Proposal which are defined In the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them In the General Conditions and terms defined In the Instructions to Respondents are used with the same meaning in this Proposal. I hereby certify that as Respondent Itwe have examined and carefully prepared this Proposal from the Solicitation Documents and have checked the same in detail before submitting this Proposal, and that all statements herein are made on behalf of: An Individual. By (Written (Typed) (Individual's Name) doing business as (Firm Name) Business address: Phone No.: E- Mail: A Partnership: By (Firm Name) By (Written) (Typed) (General Partner) Business address: Phone No.: E -Mail: City of La Porte Section 00410 PROPOSAL FORM A Corporation: Business address: Phone No.: P.O. Box 5724 Pasadena, Texas 77508 E -Mail: cwpaskeyQpaskeyinc.c:om A Joint Venture. By (Written) (Typed) (Name) Address By (Written) (Typed) (Name) Address Phone number and address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be In the manner indicated above). (RESPONDENTS SHALL NOT ADD ANY CONDITIONS OR QUALIFYING STATEMENTS TO THIS PROPOSAL AS OTHERWISE THE PROPOSAL MAY BE DECLARED IRREGULAR AS BEING NOT RESPONSIVE TO THE ADVERTISEMENT.) (RESPONDENT SHALL USE THE FOLLOWING PROPOSAL FORM IN SUBMITTING THEIR OFFERS.) City of La Porte Section 00410 PROPOSAL FORM PROPOSAL FORM SEALED REP #11504 — UTTLE CEDAR BAYOU LINEAR DETENTION DATE: 4/12/2011 Offer of Paskey Incorporated an Individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of f7 Construction of RFP #11504 - Little Cedar Bayou Linear Detention , for the City of La Porte, Harris County, Texas. Gentlemen: The undersigned Respondent has carefully examined the instructions to Respondents, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the worts herein above described and referred to In the Request for Proposal and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he proposes, as called for in the Contract, the Specifications and shown on the drawings, and In the manner prescribed therein and according to the requirements of the City of La Porte. item Description of Item with Total Proposal Price No. in Written Words Lump Sum for Construction of Little Cedar Bayou (F216- 00-00) Linear Detention LUMP Sum $ 1,616,930.83 Written One Mill €on Six Hundred Sixfeen Thousand Nine Hundred Thirty Dollars and Eighty -Three Cents r. City of La Porte Section 00410 PROPOSALFORM In the event of Award of the Contract to the undersigned, the undersigned agrees tQ fumis rflohm nce and Payment Bonds as provided in the Specifications. The undersigned certifies that the proposal prices contained in this proposal ha . - Ay ch nd are submitted as _.._..._ G =s correct and final D ate 4/12/2011 Signed (G SMpany? By President (Title) P.O. Box 5724 Pasadena, Texas 77508 (Address) 281- 941 -9321 (Telephone Number) ewpaskey @paskeyine.com (E -Mail Address] STATEMENT OF OFFEROR�UALIFICATIONS Please state herein the number of years and the type of business experience, which qualifies your company to perform excavation and drainage construction services. Failure to complete and submit this form may be cause to disqualify your proposal. PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED Please see attached. PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED Please indicate here, the names and addresses of persons in management Capacity for Lessor of any of your operations for reference and recommendation. f=ailure to oampiete and submit this form may be cause to disqualify your proposal. COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS Please see attached. COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER AD� DRESS COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NNYMBER ADDRESS If needed, please provide separate sheet with information requested. Please note, email address must be Included. OTHER ,CQUAU RCATIONS City of La Porte PROJECT IDENTIFICATION: RFP #11504 -- LITTLE CEDAR BAYOU LINEAR DETENTION THIS PROPOSAL IS SUBMITTED TO: City of La Porte Attn: Purchasing Department 2836 North 23 Street La Porte, Texas 77571 (hereinafter called OWNER) Section 00410 PROPOSALFORM The undersigned Respondent proposes and agrees, if this Offer is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Proposal Price and within the Proposal Times indicated in this Solicitation and in accordance with the other terms and conditions of the Contract Documents. Respondent accepts all of the terms and conditions of the Official Notice to Respondents and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal Security. This Proposal will remain open for the period of time specified in the Official Notice to Respondents after the day of Proposal opening. Respondent will sign and deliver the required number of counterparts of the Agreement with the Bonds, evidence of insurance coverage, and other documents required by the Solicitation Requirements within 15 days after the date of OWNER'S Notice of Award. 3. In submitting this Proposal, Respondent represents, as more fully set forth in the Agreement, that: a. Respondent has examined and carefully studied all the Solicitation Documents and the following Addenda receipt of all which is hereby acknowledged: Addendum Addendum Date Number Signature Respondent has visited the site and become familiar with and satisfied itself as to the general, local, and site conditions that may affect cost, progress, performance and furnishing of the Work; c. Respondent is familiar with and has satisfied itself as to all federal, state, and local laws and regulations that may affect cost, progress, performance, and finishing of the Work. City of La Porte Section 00410 PROPOSALFORM e. Respondent acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Solicitation Documents with respect to Underground Facilities at or contiguous to the site. Respondent has obtained and carefully studied (or assumes responsibility for having done so) all such examinations, investigation, explorations, test, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Respondent and safety precautions and programs incident thereto. Respondent does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Proposal for performance and furnishing of the Work in accordance with the time, price, and other items and conditions of the Contract Documents. Respondent is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Proposal is submitted as indicated in the Contract Documents. Respondent has correlated the information known to Respondent from information and observation obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. h. Respondent has given ENGINEER or specified City Representative written notice of all conflicts, errors, ambiguities, or discrepancies that Respondent has discovered in the Contract Documents and thewritten resolution thereof by ENGINEER or City Representative is acceptable to Respondent, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishingthe Work for which the Proposal is submitted. i. This Proposal is genuine and not made in the interest oron behalf of anyundisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or a corporation to refrain from Responding; and Respondent has not sought by collusion to obtain for Itself any advantage over any other Respondent or over OWNER. 4. Respondentwill complete the Work in accordance with the Contract Documents forthe following prices: 5. Respondent agrees that the Work will be substantially completed and completed and ready for final payment in accordance with Article 14 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6. Respondent accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work within the times specified in the Agreement. 7. The following documents are attached to and made a condition of this Proposal, if required: a. Proposal Security in the form of Certified Check or Bond In the amount of five percent (5 %). b. Respondent Qualification Statement with supporting data. City of La Porte Section 00410 PROPOSAL FORM 8. Communications concerning this Proposal shall be addressed to the Respondent as indicated below: Dame: MAR -CON SERVICES, LLC Address: 1410 Preston Ave, Bldg H, Pasadena State- Texas Telephone No.: 713 -473 -1800 9. The terms used in this Proposal which are defined in the General Conditions of the Construction Contract Included as part of the Contract documents have the meanings assigned to there in the General Conditions and terms defined in the Instructions to Respondents are used with the same meaning in this Proposal. I hereby certify that as Respondent Ilwe have examined and carefully prepared this Proposal from the Solicitation Documents and have checked the same in detail before submitting this Proposal, and that all statements herein are made on behalf of: An Individual: By Written (Typed) (individual's Name) doing business as _ - Firm Name). Business address: Phone No.: E -Mail: A Partnership: By By Business address: 1410 Preston Ave, Bldg H, Pasadena, TX 77503 713 -473 -1800 Phone No.: E -Mall: mario@marconllc.com City of La Porte Section 00490 PROPOSALFORM A Corporation: By _ _ (Corporation Name) (State of Incorporation) By (Written) (Typed) (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Written) (Typed) (Secretary) Business address: Phone No.: E -Mail: A Joint Venture: By (Written) _ (Typed) (Name) Address By (Written (Typed) (Name) (Address) Phone number and address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). (RESPONDENTS SHALL NOT ADD ANY CONDITIONS OR QUALIFYING STATEMENTS TO THIS PROPOSAL AS OTHERWISE THE PROPOSAL MAY BE DECLARED IRREGULAR AS BEING NOT RESPONSIVE TO THE ADVERTISEMENT.) (RESPONDENT SHALL USE THE FOLLOWING PROPOSAL FORM IN SUBMITTING THEIR OFFERS.) City of La Porte Section 00410 PROPOSALFORM PROPOSALFORM SEALED RFP #11604— LITTLE CEDAR BAYOU LINEAR DETENTION DATE: 4112 {2011 Offer of MAR -CON SERVICES, LLC an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of Members 0 Construction of Little Cedar Bayou Linear Detention , for the City of La Porte, Harris County, Texas. Gentlemen: The undersigned Respondent has carefully examined the Instructions to Respondents, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Request for Proposal and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he proposes, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the City of La Porte. Item Description of Item with Total Proposal Price No. in Written Words Lump Sum for Construction of Little Cedar Bayou (F216- 00 -00) Linear Detention LUMP SUM $ 3,216,000-70 Written Three Million Two Hun Sixteen Thousand Dollars and Seventy Cents City of La Porte Section 00410 PROPOSAL FORM The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above. SUBSTITUTIONS: If necessary, attach detailed explanation to proposal. dd Deduct 2. (Add) (Deduct) It is understood and agreed that the work shall be complete in full within 360 calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price maybe increased or decreasedto cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Offer alone or the Base Offer and any or all of the Items listed under Alternates or Substitutlons, if any. The undersigned agrees thatthe amounts offered in this proposal will not be withdrawn or modified for sixty (60) days following date of proposal opening. It is understood that the proposal security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the proposal security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all offers. City of La forte Section 00410 PROPOSALFORM In the event of Award of the Contractto the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the proposal prices contained in this proposal have been ar II d and are submitted as r correct and final pate 4/12/2011 Signed (Company) MAR-06N SE ICES, LLC B y Mario Ramos (Title) Owner 1410 Preston Ave Bldg H Pasadena, TX 77503 (Address) 713- 473 -1800 (Telephone Number) Witness marioOmarconllc.com (E -Mail Address) SEAS_ (if Respondent is a Corporation) City of La Porte Section 00300 City Forms, Certifications, Notifications CITY OF LA PORTE CERTIFICATION BY RESPONDENT City of La Porte Ordinance #98 -2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281- 470 -5126. If undersigned respondent is not in compliance with Ordinance 98 -2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the proposal, or non - compliance with said ordinance shall be just cause for rejection or disqualification of proposal. 4•12 The undersigned hereby certifies that it is in compliance with Ordinance 98 -2217. Or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Address: Authorized Signature: Printed Name: Date: MAR-CON SERVICES LLC 1410Preston Ave, Bida H Pasadena, e> 77503 Mario 4amos 4/12/2011 City of La Porte Section 00300 City Forms, Certifications, Notifications CITY OF LA PORTE INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or anyone forwhose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees or independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. MAR -CON SERVICES, LL 4 /0 Contractor Date Mario Ramos Printed Name Signature City of La Porte Section 00300 City Forms, Certifications, Notifications PROTECTION OF RESIDENT WORKERS The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1 -9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any workerwho is not legally eligible to perform such services or employment. SIMILAR PROJECTS COMPLETED IN THE LAST_ FIVE YEARS FBLID 6 LEVEE IMPROVEMENTS SLOPE PAVING / STRUCTURAL CONCRETE $522,000.00 FORT BEND COUNTY, TEXAS GREAT BEAR CONST -TROY SMITH 713- 270 -8588 GENERAL REPAIRS ON LANGHAM CREEK SLOPE PAVING / EARTHWORK $742,253.96 HOUSTON, TEXAS - HARRIS COUNTY HCFCD - GARY F. ZIKA, PE - 713- 684 -4000 HAYS DITCH REHABILITATION PHASE 11 CONCRETE LOW'FLOW CHANNEL $337,653.15 PASADENA, TEXAS - HARRIS COUNTY CITY OF PASADENA - DAYA DAYANANDA, PE 713 -475 -7835 CLEAR CREEK HEIGHTS DRAINAGE CHANNEL IMPROVEMENTS CHANNEL LINING / SLOPE PAVING $932,675.62 CITY OF LEAGUE CITY AECOM, INC. - ROBERT DEVILLIER, P.E. -- 713- 267 -2944 5757 WOODWAY, SUITE 101 WEST, HOUSTON, TEXAS 77057 CONCRETE LOW FLOW CHANNEL FROM WICHITA ST TO CHERRYBROOK ST CHANNEL LINING / STRUCTURAL CONCRETE $511,596.90 HARRIS COUNTY FLOOD CONTROL DISTRICT GARY F. ZIKA, P.E.- 713 -684 -4000 9900 NW FWY, HOUSTON, TEXAS 77092 STATEMENT OF OFFEROR'S QUALIFICATIONS Please state herein the number of years and the type of business experience, which qualifies your company to perform excavation and drainage construction services. Failure to complete and submit this form may be cause to disqualify your proposal. PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED FBLID 6 Levee, Fort Bend County, $522,000.00, Slope Paving f Structural Concrete PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED Langham Creek, Houston, $742,253.96, Slope Paving 1 Earthwork PROJECT LOCATION Hays Ditch, Pasadena, PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED $337,653.15 DOLLAR Concrete Low Flow Channel VOLUME WORK PERFORMED Clear Creek, League City, $932,675.62, Channel Lining 1 Slope Paving PROJECT LOCATION DOLLAR VOLUME WORK PERFORMED Wichita Channel, Pasadena, $51 1,596.90, Channel Lining 1 Structural Concrete r�R -con MAR - CON SERVICES, LLC General Contractors Qualification Statement Attn: To whom it may concern Dear Sir or Madam, MAR -CON SERVICES, LLC, is a full service heavy civil construction company that operates primarily in Houston and surrounding areas. We provide installations that include and are not limited to concrete slope paving, bridges, structural retaining walls, large and small diameter water/ sewer lines, concrete roadway paving, lift stations, etc. Our organization is comprised of three owners and combined bring 60 years of construction experience. We currently employ a work force of 80-85 honest, hard working individuals that are ready, willing and able to perform. Should you have any questions or require additional information, please do not hesitate to call. Thank you. Sincerely, MAR -CON SERVICES, LLC Mario Ramos Owner REFERENCES Please indicate here, the names and addresses of persons in management capacity for lessor of any of your operations for reference and recommendation. Failure to complete and submit this form may be cause to disqualify your proposal. COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS AECOM, Robert Devilier, P.E., 5757 Woodway, Houston, TX 77057, 713 - 267 -2944 bob.devillier @aecom.com COMPANY CONTACT PHONE EMAIL NAM t* NAME ADDRESS NUMBER ADDRESS Jacobs Engineering, Olen Howard, P.E., 5995 Rogerdale Rd, Houston, TX 77072, 281-575 -2474 olen.howard @jacobs.com COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS H Gary F. Zika, P.E., 9900 NW Fwy, Houston, TX 77092, 793 - 6$44000 gary.zika @hcfcd.org COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS City of Pasadena, Mark Gardemai, P.E., 1114 Davis, Pasadena, TX 77506, 713 - 475 -5578 mgardemal @ci.pasadena.tx.us COMPANY CONTACT PHONE EMAIL NAME NAME ADDRESS NUMBER ADDRESS City of Missouri City, Mark Law, 1522 Texas Pkwy, Missouri City, TX 77489, 289 - 403 -8500 PWlntern @missouricitylx.gov If needed, please provide separate sheet with information requested. Please note, email address must be included. OTHER QUAURCATIONS June 15, 2011 Mr. Julian Garza, P.E. City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 RE: Little Cedar Bayou Linear Detention F216 -00 -000, (RFP #11504, dated 04/1212011) Mr. Garza: e Paskey .Incorporated is pleased to offer a voluntary cost savings on the following items if accepted. Revised Scope of Work Item #5: 6" Reinforced Concrete Slope Paving (6,086 SY) to 5 '/2 Reinforced Concrete Slope Paving with Wire Mesh Reinforcements, with 8 "x18" Toewall. Cost Savings: <$41,000.00> Revised Scope of Work Item #6: 8" Reinforced Concrete Slope Paving (1,829 SY) to 5 %2" Reinforced Concrete Slope Paving, Wire Mesh Reinforcements, with 8 "x18" Toewall. Cost Savings: <$33,000.00> The sale of all fill dirt from the above mentioned project to National Property Holdings Port Crossing Commerce Center for $50,000.00 payable to the City of La Porte. <$50,000.00> Summary: A total cost savings in the sum o£ <$124,000.00> Original offer dated 4/12/2011: $1,616,930.83 Revised RFP 911504: $1,492,930.83 Please advise if we/ be of a"rtber assistance. President P.Q. Box 5724 • Pasadena, Texas 77508 • office 281.941.9321 fax 281.842.9021 Council Cover Sheet June 27, 2011 10. DISCUSSION OR OTHER ACTION (a) Discussion or other action authorizing acceptance of property donation to the City of La Porte form the Jack Cook estate, regarding three lots in Shady Oaks subdivision (407 South Shady Oaks) — Lots 22D, and 23D and Lot 24D and four lots and two half lots in the Town of La Porte subdivision (201 N. 11 Street) Lots 15 -18 & S1/2 of Lot 19, Block 72 — T. Tietjens **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibits: Donation offer letter Exhibits: Maps of properties offered Exhibits: Property value /encumbrance data Exhibits: Budget Source of Funds: General Fund Account Number: 001 - 6146 -515 -9050 Amount Budgeted: N/A Amount Requested: 54,000.00 Budgeted Item: YES NO X SUMMARY & RECOMMENDATION Judith Cook Irby, Executrix of the Jack Cook estate, has offered to donate certain properties to the City in exchange for a release of responsibility for any taxes, liens or judgments. The offer contains three lots in Shady Oaks subdivision (two HCAD accounts), and four lots and two half - lots in the Town of La Porte subdivision (one HCAD account) as shown in maps attached. The will of the Jack Cook estate has been obtained and verified that Ms. Cook Irby and her three siblings are equal beneficiaries. There are back taxes encumbering the properties from 2009 -10, as well as some mowing and demolition liens. In order to evaluate the ratio of property value to encumbrances, a listing of values and encumbrance amounts is attached. The cumulative ratio of property values to encumbrances is 3.72 to 1, which includes all due payoff costs. To resell the property, the actual payoff amount would only include those amounts due to Harris County and LPISD, which totals $4,000. Action Required by Council: Consider accepting property donation for resale or public use. Approved for City Council Agenda Ron Bottoms, City Manager Date Tim Tietjeus Director of Planning City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Sir, We would like to donate the following Property to the City of La Porte with the Following considerations; All taxes, liens, judgments and releasing the Jack Cook Estate from any and all responsibility pertaining to the following properties The following lots located at 407 South Shady Oaks in La Porte, Texas • 22D, 231), HCAD 077 - 275 -004 -0022 • 24D, HCAD 077 - 275-004 -0024 • • • 1 am the executrix of my fathers will, and none of my siblings are I want this property any longer. My siblings are; • Ronald A. Cook 281 -881 -7821 • Cherry Cook Kelly 502 -387 -0522 • Kimberly Coop Banks 281 -470 -1593 • Judith Cook Irby 832 - 729.4934 We would also like to donate our other piece of property located on 11 street. • Lots 15,16,17,18 and S % of Lt 14 & S % of lot 19 Blk 72 La Porte • HCAD 023- 200- 072 -0014 Regards, 9 ' 4 -�'w �� Zelz; x Judith Cook Irby Executrix Jack Cook Estate OFFICE OF BEVERLY B. KAUFh4AN, COUNTY CLERK, HARRIS COUNTY, TEXAS PROBATE COURTS DEPARTMENT IN MATTERS OF PROBATE i DOCKET NO. 22€,752 PROBATE COURT NO. 2 { { ESTATE OF: JACK APRIL COOK HARRIS COUNTY, TEXAS { DECEASED LETTERS 'TESTAMENTARY KNOW ALL MEN BY THESE PRESENTS THAT IT IS HEREBY CERTIFIED: 1. ON APRIL 18, 2007, JUDITH FOULDS IRBY WAS DULY APPOINTED BY ORDER. OF SAID COURT AS SUCCESSOR INDEPENDENT EXECUTRIX OF THE LAST WILL OF JACK APVIL COOK , DECEASED; 2. ON APRIL 18, 2007, SAID SUCCESSOR INDEPENDENT EXECUTRIX QUALIFIED AS THE LAW REQUIRES; 3. INSOFAR AS THE RE=CORDS IN MY OFFICE SHOW, SAID SUCCESSOR INDEPENDENT EXECUTRIX IS STILL ACTING IN SAID CAPACITY. WITNESS MY HAND. AND SEAL OF SAID COURT, AT HOUSTON, TEXAS, ON APRIL 18, 2007. BEVERLY B_ KAUFMAN, CLERK PROBATE COURT NO. 2 HARRIS COUNTY, TEXAS (SEAL) - NADIA D. CAMP ELL e / DEPUTY COUNTY CLERK No. 99966/NDC Focm No- 1-02- 78(Rev O-VIM5) P. O. BOX 1525 ® HOUSTDN, TEXAS 77251 -1525 0 (713) 755 -6425 Property Donation Offer — Jack Cook Estate S. Shady Lane Encumbrances fCAdD Values HCAD#077'275'004'0024 City of La Porte Taxes Owed $357.50 City of La Porte Lien Payoff Amount $351.57 La Porte |GD Taxes Owed $66714 Harris County Taxes Owed Total $1,783.72 $18,662 4O7S. Shady Lane HCAD# 077-275-004-0022 City ofLaPorte Taxes Owe $777.24 City ofLa Porte Lien Payoff Amount $7 City of La Porte Lien Payoff Amount $490.67 La Porte |SD Taxes Owed $1,450.48 Harris County Taxes Owed ���5�KJ Total $11,094.26 $37,296 201 N. 11th Street HCAD# 023-200-072-0014 City ofLaPorte Taxes Owed $15075 City of La Porte Lien Payoff Amount $3,059.03 City of La Porte Lien Payoff Amount $300.63 City ofLa Porte Invoice Total Due $275 La Porte |SD Taxes Owed $281.33 Harris County Taxes Owed Ll 7��[ Total $4,238.56 $7,813 $1,783.72 $18,662 $11,094.26 $37,296 Total Encumbrances $17,116.54 Total H[/\0Values $63,771 Note: Amounts shown for Taxes Owed are through June 2011. Council Cover Sheet June 27, 2011 11. PUBLIC HEARING AND ORDINANCE (a) Continue public hearing from April 25, 2011 regarding condemnation of substandard building located at 1307 E. Main St. — D. Wilmore Consider approval or other action regarding an ordinance condemning building located at 1307 E. Main St. — D. Wilmore ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinances: X Exhibits: Inspection Report Exhibits: Exhibits Condemnation Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection Board and granted an April 25, 2011 public hearing date. The April 25, 2011 public hearing for 1307 E. Main was continued until June 27, 2011. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII; Section 82 -475 of the Code of Ordinance, were provided to the stricture owner. The individual attended the previous public hearing and was aware of the continuance granted by Council. In addition, staff provided meeting reminder letters. The owner of the property is deceased and a son is handling the probate of the property. At the last meeting, he advised they had a potential buyer and an agreement was made; however, probate had to occur before the property sale could take place. Staff has left messages requesting an update on the probate process; however, at time of this agenda preparation, no new information has been received. A condemnation ordinance has been prepared to allow Council flexibility of condemnation verses continuance of the public hearing should the representative provide Council with an update that involves a request for more time. Action Required by Council: Consider passage of ordinance or other action regarding condemnation of the substandard building Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 1307 E. MAIN OWNER JANE FUQU A LEWIS, P. O. BOX 718, LA PORTE, TX 77572 -0718 DEED OWNER JANE LEWIS, 1307 EAST MAIN ST, LA PORTE, TX 77571 OTHER GREG LEWIS, 7310 PINE SHADOWS LN, BAYTOWN, TX 77521 LEG AL: BLh 989, LT 8 -16, LA PORTE OCCUPANCY TYPE: RES ZONING: R -2 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X G AS: X NO. OF DWELLING UNITS: 1 VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by anv other cause to such an extent that the structural strength or stability thereof is materially less than it Nvas before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location: 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay: (b) fault construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building: (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely_ to partially or completely collapse: 5. Whenever, for anv reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used: Dangerous Buildings Inspection Form Page 2 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts: 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherlvise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sictmess or disease: 8. Whenever anv building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, determined by the Board to be a fire hazard: B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building_ or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended: 2. Whenever anv installation or any portion thereof because of (a) dilapidation, deterioration, or decay: (b) fault construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety: 3. Whenever anv installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any cause so as to constitute a potential hazard to life, health, property or safety: 4. Whenever anv installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION SELECT OPTION 41: (REPAIRABLE- RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS, THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND ENACTED BY CITY" ORDINANCES X04- 2700.:96- 2079 -h AND =96- 2079 -L. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY" OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82 -478, IT IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. BUILDING OFFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE DATE FIRE CHIEF'S OFFICE DATE Dangerous Building Inspection Form A = Adequate I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam A a. Footings b. Sills A c. Joists B. Walls 1. Exterior 2. Interior Page 3 BFILDING EVALIIATION CHECKLIST D = Deficient N A = Not Applicable COMMENT r EXPLANATION NA A UNK UNK A UNK C. Aleans of Egress 1. Doors a. Interior LINK b. Exterior A 2. Porches, Steps, Stairs A 3. Windows A D. Roof 1. Rafters D 2. Deck, Shingles D E. Ceilings 1. Joists LINK 2. Ceiling D F. Floors UNK G. Other II. Il1EHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Firing UNK 3. Lights, Switches LINK 4. Outlets LINK 5. Other B. Plumbing 1. Fixtures a. Sink LINK b. Lavatories LINK c. Water Closets UNK d. Tub Shower LINK e. Water Heater UNK 2. Water Piping LINK 3. Drain, Waste & Vent LINK 4. Sewer Septic tank UNK 5. Gas System UNK C. Heating & A/C 1. Heating LINK 2. Air Conditioning LINK III. PROPERTY CONDITIONS 1. Accessory Structures D 2. Condition of Grounds A 3. Other NOT VISIBLE NOT VISIBLE UNABLE TO ACCESS UNABLE TO ACCESS ROT SHINGLES MISSING, FACIA ROT NOT VISIBLE FALLING IN SEVERAL SPOTS UNABLE TO VIEW NO DEAD FRONT UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS EXISTING UNIT (3) ACC BLDGS; BAD ROOFS & ROT Comments: SEPTIC TANK ON SITE S .Cih Plannnig Share 04-INSPECTIONS DIVISION ALL OTHER STLIFF Code Enforceinent Dwig Buddin s':'- -011 1307 E MAIN INSP FORM doc ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT BLK 989 LTS 8 -16 LA PORTE_ HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT JANE FUQUA LEWIS, JANE LEWIS, & GREG LEWIS, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall male a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 989 LTS 8 -16 LA PORTE which is further described as 1307 E MAIN ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX 77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX _77521 that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of LaPorte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on ON APRIL 2 2011 PINE SHADOWS LN. ADDRESS POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO FORWARD" ON APRIL 1 2011 BOX 718 ADDRESS AND "NO MAIL RECEPTACLE" ON APRIL 1, 2011 (FOR 1307 E MAIN ST. ADDRESS a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; that such hearing was continued for 60 days, to June 27, 2011; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and Ordinance No. Page 3 WHEREAS, City Council entered its order on JUNE 27 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: ,Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3, The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that JANE FUQUA LEWIS, , who resides at P. 0. BOX 718, LA PORTE, TX 77572-0178 and JANE LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders the said JANE FUQUA LEWIS JANE LEWIS and GREG LEWIS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7 . The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS_) and to any and all lienholders or mortgagees, by registered Ordinance No. Page 4 mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section S. Should the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS not comply with the orders contained in this Ordinance rclating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9 . The City Council officially finds, determines, and 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 10, This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2011. CITY OF LA PORTE Louis R. Rigby, Mayor Ordinance No. ATTEST: Patrice Fogarty, City Secretary APPROVED: — zz&LE Cl rk T. Askins, Assist. City Attorney Page 5 Council Cover Sheet June 27, 2011 12. RECEIVE REPORT Receive Report from Fiscal Affairs Committee — Councilmember Engelken ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Cover Sheet June 27, 2011 13. RECEIVE REPORT Receive Report from La Porte Development Corporation Board Committee — Councilmember Engelken ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Cover Sheet June 27, 2011 14. STAFF REPORTS (a) Receive Report on Ike Update and the Blue Tarp Assessment list requesting direction from Council — D. Wilmore ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 27, 2011 Requested By D. W ilm o r e Department: Planning Report: X Resolution: Ordinance Exhibits: Blue Tarp Assessment List Exhibits: Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the 09/14/09, 01/25/10, 07/26/10 and 11/08/10 workshops, City Council provided staff with direction regarding the use of FEMA "temporary" housing units (THU) /private housing units /private travel trailers, permit fee waivers and the continued use of blue roofs. It is now close to three years since Hurricane Ilse devastated the area. The purpose of this workshop is to provide Council with updates on the remaining "substantially damaged (SD)" home and remaining private housing unit, while also seeking direction from Council on blue roofs and permit fees. • Originally the City issued fifty -six (56) trailer permits that included eight (8) FEMA THUS. As of 06/14/11, only one (1) private housing unit remains. The owner of 619 So. Shady Lane continues to work on his home repairs. • As of 06/14/11, only one (1) of the original fifty -seven (57) "SD homes" remains unresolved. A bank now has ownership of 207 Bay Colony Circle and their property preservation group is maintaining the property. The bank originally listed the property for sale "as is "; however, staff advised them of the "SD" status and currently the bank is evaluating how to proceed. • At past workshops, staff was directed to continue waiving all Ilse related permit fees but return to Council in June 2011 for further direction. Requests for Ilse related permits are minimal Staff is requesting Council direction on the continued waiver or re- instatement of all permit fees. • In November 2010, Council direction was to continue allowing blue roofs for residential properties (as long as the tarp is maintained in good condition) but require commercial properties to have their roofs repaired /replaced. As of 06/14/11, thirty -two (32) of the sixty -four (64) locations continue to have blue tarps. In some cases, the original "good blue tarps" now need to be replaced. Staff has kept the blue roof cases open to allow for periodic re- checks. At this time, staff wants to confirm with Council that this policy should continue without change. Action Required by Council: Receive update and provide staff with direction regarding permit fee waivers and blue roofs Approved for City Council Agenda Ron Bottoms, City Manager Date BLUE TARP ASSESSMENT 06/14/2011 06/14/2011 MA 1 ADDRESS OWNER STATUS NOTES SECTOR 711 W ADAMS BROOKS ABATED 20 5425 BEAVER CREEK CALDWELL ABATED 6 117 S BLACKWELL BAKER -ADAMS ABATED 26 403 S BLACKWELL FEDERAL NAT'L MORTGAGE ABATED 26 9425 CARLOW KOPYCINSKI ABATED 10 2403 CRESCENT CLENDENEN ABATED 30 221 CRESCENTVIEW ADAMS ABATED 30 302 N ELEVENTH WOOLEY ESTATE ABATED 19 401 N ELEVENTH KELLER ABATED 19 3001 FALK CT BAYVIEW LOAN SERVICE ABATED 32 330 S FIFTH SINGLETON ABATED 24 804 S FIFTH CARTER ABATED 24 3126 FONDREN SPENCE ABATED 32 809 S FOURTH TREVINO ABATED 24 626 S FOURTH BONOAN ABATED 24 426 S FOURTH BERNARD ABATED 24 710 S FOURTH LEWIS ABATED 24 303 S IOWA CERNOSEK ABATED 26 5202 MEADOW PLACE BOTTLER ABATED 7 8827 OAKHAVEN SMITH ABATED 9 218 S OHIO ADAMS ABATED 26 3803 PECAN CORTEZ ABATED 13 317 SAN JACINTO MOLINA ABATED 26 115 N SECOND SENEGAL ABATED 24 309 S SECOND SONRICKER ABATED 24 2002 SENS ROGERS ESTATE ABATED 5 313 S SEVENTH ALLEN ABATED 24 113 N THIRD GUTIERREZ ABATED 24 06/14/2011 MA 1 06/1412021 Mw 2 BLUE TARP ASSESSMENT 06/14/2011 ADDRESS OWNER STATUS NOTES SECTOR 629 N TWELFTH GUERRA ABATED 19 409 S VIRGINIA WELLS FARGO BANK ABATED 26 219 S VIRGINIA BREAUX ABATED 26 216 S VIRGINIA RAYMUNDO ABATED 26 402 BAY OAKS VILLARREAL ACTIVE NEEDS NEW TARP 32 514 S BLACKWELL CERNOSEK ACTIVE NEEDS NEW TARP 26 233 S BROWNELL BEALL ACTIVE NEEDS NEW TARP 26 9811 CARDINAL BRIGGS ACTIVE NEEDS NEW TARP 3 9413 CARLOW CANTU ACTIVE NEEDS NEW TARP 10 316 N FIFTH SCOTT ACTIVE NEEDS NEW TARP 20 324 N FIFTH CANDLER ESTATE ACTIVE NEEDS NEW TARP 20 608 N FIFTH HOWARD ACTIVE NEEDS NEW TARP 20 110 N FOURTH MATTHEWS ACTIVE NEEDS NEW TARP 24 3102 HAMILTON RHODES ACTIVE NEEDS NEW TARP 32 233 S HOLMES LILES ACTIVE NEEDS NEW TARP 26 313 S IDAHO BARRETT ACTIVE NEEDS NEW TARP 26 605 S IDAHO MILLER ACTIVE NEEDS NEW TARP 26 114 S IOWA ECKHARDT ACTIVE NEEDS NEW TARP 26 300 S IOWA ORSAK ACTIVE NEEDS NEW TARP 26 316 S IOWA BONNER ACTIVE NEEDS NEW TARP 26 716 S IOWA JANSSEN ACTIVE NEEDS NEW TARP 26 518 S KANSAS DAVIDOSKI ACTIVE NEEDS NEW TARP 26 727 S KANSAS WISE ACTIVE NEEDS NEW TARP 26 601 S LOBIT CARR ACTIVE NEEDS NEW TARP 26 5205 MEADOWCREST HAWKINS ACTIVE NEEDS NEW TARP 7 06/1412021 Mw 2 TOTAL 64 ABATED 32 ACTIVE 32 NEEDS NEW TARP 27 HAS NEW TARP 2 COURT CASE 3 0 6114/2 0 1 1 MLA 3 BLUE TARP ASSESSMENT 06/14/2011 ADDRESS OWNER STATUS NOTES SECTOR 3847 RED BUD WALKER ACTIVE NEEDS NEW TARP 13 N THIRD FIRST ASSMBLY OF GOD ACTIVE NEEDS NEW TARP 25 801 S THIRD SUMRA ACTIVE NEEDS NEW TARP 25 505 N TWELFTH KNOWLES ACTIVE NEEDS NEW TARP 19 821 S VIRGINIA ANDERSON ACTIVE NEEDS NEW TARP 26 3817 YOUPON DREW ACTIVE NEEDS NEW TARP 13 832 S THIRD PARSONS ACTIVE NEW TARP 24 20 BAY HARBOR DR REVAK ACTIVE NEW TARP 30 9810 BLUE BIRD TOWNSEND ACTIVE COURT -NOW NEW TARP 3 605 CANYON SPRINGS RHODES ACTIVE COURT -NEEDS NEW TARP 6 10925 NORTH H WEBER ACTIVE COURT -NEEDS NEW TARP 4 TOTAL 64 ABATED 32 ACTIVE 32 NEEDS NEW TARP 27 HAS NEW TARP 2 COURT CASE 3 0 6114/2 0 1 1 MLA 3 Council Cover Sheet June 27, 2011 15. ADMINISTRATIVE REPORTS July 4, 2011 — City Hall Offices Closed July 15 -16, 2011 — Newly Elected Officials' Orientation through TML — Irving, Texas August 8 -12, 2011 — City Council Budget Workshop Meetings ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Cover Sheet June 27, 2011 16. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY EMPLOYEES AND UPCOMING EVENTS; INQUIRY OF STAFF REGARDING SPECIFIC FACTUAL INFORMATION OR EXISTING POLICIES — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Cover Sheet June 27, 2011 17. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. 18. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 19. ADJOURN *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **