HomeMy WebLinkAbout07-11-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro -Tem
Councilmember District 2
CITY COUNCIL MEETING AGENDA
DARYLLEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held Monday,
July 11, 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 Dee Spears — Fairmont Park Church
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Tommy
Moser.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Presentation — La Porte Community Civic Club — Mayor Rigby
(b) Recognition — "Employee of the (Second) Quarter" — Nicole Wells — Human Resources
(c) Recognition — Retirement of Randy Cernosek- Parks & Recreation Department
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS
WISHING TO ADDRESS COUNCIL (Limited to five minutes)
(a) James Handy /Debra Lucadou — Harris County Transit Program
6. 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 27, 2011, regular meeting of
the City Council of the City of La Porte — P. Fogarty
(b) Consider approval or other action regarding an ordinance authorizing the City Manager
to execute a water service agreement and a sanitary sewer service agreement with
FR /CAL INTERPORT, LLC for its facility at 13301 Bay Area Blvd. in the City's Bayport
Industrial District — T. Tietjens
7. DISCUSSION OR OTHER ACTION
(a) Consider approval or other action awarding Bid # 11005 and authorizing the City
Manager to enter into a contract with Paskey, Inc for construction of the Oakhurst
Drainage Improvements — J. Garza
(b) Discussion or other action regarding the Concrete Street Program in the City of La Porte
— J. Garza
(c) Discussion or other action regarding adoption of a Water Service Line Protection
program through Utility Service Partners, Inc. and the North Central Texas Council of
Governments that would offer water and sanitary sewer service line repair coverage to
homeowners within the City of La Porte — T. Leach /D. Mick
(d) Discussion or other action regarding of the acceptance of property donation to the City of
La Porte from the La Porte Main Street Association, for Lots 29 and 30, Block 39 on
Main St. in La Porte — S. Osborne
8. PUBLIC HEARING AND ASSOCIATED ORDINANCE
(a) Public Hearing to receive comments regarding revisions and amendments to the
current La Porte Water Conservation and Drought Contingency Plan (this item was
tabled at the meeting of City Council held on June 27, 2011) — D. Mick
Ordinance — Consider approval or other action regarding an ordinance amending the
City of La Porte Water Conservation and Drought Contingency Plan — D. Mick
9. REPORTS
Receive report from the Drainage and Flooding Committee — Councilmember Mosteit
10. ADMINISTRATIVE REPORTS — R. Bottoms
July 12, 2011 — Re- Districting Committee Meeting — 6:00 p.m.
July 25, 2011 — Fiscal Affairs Committee Meeting — 5:00 p.m.
July 25, 2011 — City Council Meeting — 6:00 p.m.
August 8 -12, 2011 City Council Budget Workshop Meetings
August 22, 2011 — City Council Meeting
11. 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 Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and
Mayor Rigby
12. 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.
13. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
14. 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 July 11, 2011, agenda of items to be considered by the City Council was posted
on the City Hall bulletin board on July 5, 2011.
Patrice Fogarty, City Secretary
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 2011.
Council Agenda Item
July 11, 2011
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Presentation — La Porte Community Civic Club — Mayor Rigby
(b) Recognition — "Employee of the (Second) Quarter" — Nicole
Wells- Human Resources
(c) Recognition — Retirement of Randy Cernosek — Parks &
Recreation Department
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RECOGNITION OF NICOLE WELLS AS EMPLOYEE OF THE QUARTER
2 ND QUARTER 2011
Nicole Wells has been voted by the committee as Employee of the 2" a Quarter.
She performs a variety of activities within Human Resources including employment, benefits,
compensation and records. Nicole advises employees and management on the interpretation of
City policies, programs, and procedures and ensures programs are implemented in accordance
with established policies and procedures and administered consistently throughout the City.
Nicole also serves as Chairperson of the Special Events Committee and goes above and beyond
to coordinate events, as well as tries to satisfy all in planning events with the committee. She
actively participates in just about all events, which usually are after work hours and on
weekends. Big events include Public Service Appreciation Week, Employee Picnic, Christmas
Party, Chili /BBQ Cook -off, and Corporate Challenge. Smaller events are group outings to
baseball, basketball, bowling, etc.
Nicole serves the City of La Porte Employees and chairs the committee with a great, positive
attitude and gratitude. She does it all willingly, all the time. She's a leader for the committee and
all enjoy serving with her. Nicole's commitment to her job and the employees should be
recognized and Nicole should be commended.
Randy Cernosek, retiring after 30 years from the City of La Porte Parks &
Recreation Department.
Randy Cernosek began his career with the City of La Porte on June 28, 1981.
Ronald Reagan had just begun his first term as President, gasoline was $1.25 a
gallon, a new 19" color TV cost $399, and IBM introduced the first Personal
Computer. Some things have reversed, many things have changed, but there is
one constant. Randy is the same hard - working, cantankerous, knowledgeable,
workman today as he was back in 1981. He has served the citizens of La Porte
faithfully and has made a lasting contribution to the City that he can look back on
and be proud of.
We salute Randy on this milestone in his life, we thank him for his 30 years of
service, and we wish him the very best that retirement can bring for him and his
wife Kathy.
Congratulations, Randy and Good Luck!
Council Agenda Item
July 11, 2011
5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS
AND TAX PAYERS WISHING TO ADDRESS COUNCIL (Limited to
five minutes)
(a) James Handy /Debra Lucadou — Harris County Transit Program
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Council Agenda Item
July 11, 2011
6. CONSENT AGENDA
(a) Consider approval or other action of minutes of June 27, 2011
regular called meeting of the La Porte City Council — P. Fogarty
(b) Consider approval or other action regarding an ordinance
authorizing the City Manager to execute a water service
agreement and a sani tary sewer service agreement with
FR /CAL INTERPORT, LLC for its facility at 13301 Bay Area
Blvd. in the City's Bayport Industrial District — T. Tietjens
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LOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
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 27, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, June 27, 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 6:14 p.m. Members of Council present:
Councilmembers Leonard, Zemanek, Engelken, Moser, Mosteit and Martin. Absent:
Councilmember Black and Clausen. Also present were City Secretary Patrice Fogarty, City
Manager Ron Bottoms and Assistant City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
(a) Mayor Rigby presented a proclamation to La Porte Heritage Society Board Members Ann
Malone, James Miller and Fred Muston.
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
Judge Denise Mitrano administered the oath of office to newly elected Councilmember Dottie
Kaminski, At -Large Position B.
(b) Issue Certificate of Election to elected Councilmember At -Large Position B, Dottie Kaminski —
Mayor Rigby
Mayor Rigby issued a Certificate of Election to elected Councilmember At -Large Position B, Dottie
Kaminski.
(c) Consider approval or other action regarding an ordinance appointing a Mayor Pro -Tem for a
term commencing June 27, 2011 to May 31, 2012 — Mayor Rigby
Assistant City Attorney Clark Askins read the caption of Ordinance 3359 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.
Page 1 of 9
June 27, 2011, City Council Meeting Minutes
Mayor Rigby moved to appoint Councilmember Engelken as Mayor Pro -Tem and adopt Ordinance
3359. Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
7
PETITIONS, REMONSTRANCES, COMMUNICATIONS, CITIZENS AND TAX PAYERS WISHING
TO ADDRESS COUNCIL (Limited to five minutes)
Phillip Hoot - 927 Seabreeze, La Porte, congratulated Councilmember Kaminski on her election into
office; expressed his appreciations for the great Triathlon turnout and requested churches be given
adequate notification of the event for their parishioners. In regards to Item 14, Mr. Hoot requested
an Ike Roof Assistance Program for citizens in the city.
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
Assistant City Attorney Clark Askins read the caption of Ordinance 3360 AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE
AND THE LAW FIRM OF PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. FOR
THE COLLECTION OF DELINQUENT TAXES; MAKING VARIOUS FINDINGS AND
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June 27, 2011, City Council Meeting Minutes
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Assistant City Attorney Clark Askins read the caption of Ordinance 3362 AN ORDINANCE
VACATING, ABANDONING AND CLOSING A PORTION OF THE ALLEY IN BLOCK 48, 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 LANDOWNERS, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Consent Items B, C, D, F and G were pulled for discussion and comments.
Regarding Items B, C, and G, Councilmember Engelken requested the items be voted on
separately.
Regarding Item B, Councilmember Moser expressed his concerns with the item not being
sent out for bid prior to being presented to the Fiscal Affairs Committee.
Regarding Item C, Councilmember Moser questioned if the Drought Contingency Plan was
a City of La Porte Plan. Councilmember Moser suggested the item be brought back as a
workshop item.
Mayor Rigby commented the Item C should not have been placed on the consent agenda
and needs to be revisited. City Manager Ron Bottoms advised there were only three
changes to the previously adopted plan being presented tonight. Mayor Rigby questioned if
the item was not approved tonight, would La Porte be fined? The Mayor also commented
there were more than three changes.
Councilmember Leonard asked City Manager Bottoms if there is a penalty provision. Mr.
Bottoms replied, "It is in there for a penalty if mandatory rationing Stage 2. Stage 2 is 50
percent of a water bill."
Councilmember Moser commented regarding the need to advise citizens and to not include
a penalty clause.
Councilmember Zemanek asked if there was a risk of a Stage 2 before the next City Council
meeting. Public Works Director Dave Mick responded, "It is doubtful."
Regarding Item D, Councilmember Kaminski stated she was fine with the item after
Planning Director Tim Tietjens presented a summary.
Regarding Item F, Mayor Rigby questioned if the per capita cost rate was based on current
year cost. Police Chief Ken Adcox confirmed it is current year cost with an additional 10
percent in Morgan's Point. EMS Chief Ray Nolen added there is a clause for either side to
cancel or re- evaluate the agreement. If the agreement is not signed, it reverts to month -to-
month beginning October 1, 2011. City Council agreed to vote on this item separately.
Regarding Item G, Councilmember Engelken abstained and signed a conflict affidavit with
City Secretary Patrice Fogarty.
Councilmember Mosteit moved to approve Consent Agenda Items A, B, D, E, and H
pursuant to recommendations by City Staff. Councilmember Leonard seconded.
Page 3 of 9
June 27, 2011, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Engelken moved to table Consent Agenda Item C until more information is brought
back. Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Leonard moved to table Consent Agenda Item F until the new budget becomes
available. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
eonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
Councilmember Mosteit moved to accept Consent Agenda Item G. Councilmember Martin
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser, Zemanek,
Leonard, and Kaminski
Nays: None
Abstain: Councilmember Engelken
Absent: Councilmember Clausen
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
Chief of Police Ken Adcox presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 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 SEVERABILITY 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.
Councilmember Martin moved to approve Ordinance No. 3363. Councilmember Leonard
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
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June 27, 2011, City Council Meeting Minutes
Absent: Clausen
(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
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3364 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.
Councilmember Engelken motioned to approve Ordinance No. 3364 appointing alternate
members Martha Gillett, Champ Dunham, and Venessa Guerrero to the Re- Districting
Committee. Councilmember Moser seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Clausen
(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
City Secretary Patrice Fogarty presented a summary.
Assistant City Attorney Clark Askins read the caption of Ordinance 3365 AN ORDINANCE
APPOINTING SEVEN (7) PERSONS TO SERVE AS DIRECTORS OF THE LA PORTE FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, PROVIDING
THAT INITIAL APPOINTEES AS DIRECTORS SHALL DRAW LOTS TO DETERMINE THEIR
TERMS, PROVIDING THAT THREE (3) DIRECTORS SHALL SERVE FOR ONE (1) YEAR
TERMS EXPIRING SEPTEMBER 1, 2012, AND FOUR (4) DIRECTORS SHALL SERVE FOR
TWO (2) YEAR TERMS EXPIRING SEPTEMBER 1, 2013, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Zemanek moved to nominate Charlie Sanders to replace Paul Hickenbottom as
a permanent member of the Board of Directors to the La Porte Fire Control, Prevention and
Emergency Medical Services District and to approve Ordinance No. 3365. Councilmember
Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Mosteit,
Engelken, Moser, Kaminski and Martin
Nays: None
Absent: Councilmember Clausen
(d) Consider approval or other action regarding an ordinance making appointments to various
boards, commissions, and committees — P. Fogarty
City Secretary Patrice Fogarty presented a summary.
Councilmember Moser nominated Sherman Moore to the Alternate 2 position on the Zoning
Board of Adjustment.
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June 27, 2011, City Council Meeting Minutes
Councilmember Leonard nominated Helen LaCour to District 3 on the Planning and Zoning
Commission due to the pending resignation of Kirby Linscomb Jr.
Councilmember Kaminski nominated Phillip Hoot to replace David Janda on the At Large B
position on the Planning and Zoning Commission.
Councilmember Moser nominated Mark Follis to the vacant District 4 position (formerly held by
Councilmember Kaminski) on the Planning and Zoning Commission.
Councilmember Martin volunteered to serve as the alternate representative on the Houston -
Galveston Area Council replacing former Councilmember John Black.
Assistant City Attorney Clark Askins read the caption of Ordinance 3366 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.
Councilmember Leonard moved to appoint the nominees as members to the various positions
and adopt Ordinance No. 3366. Councilmember Engelken seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
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
Purchasing Manager Susan Cream presented a summary.
Councilmember Moser moved to award bid #S11001, sale of Lot 25, Block 84 of the Town of La
Porte, Harris County, Texas, to the highest bidder Fred Westergren in the amount of $1,200.00.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
(b) Consider approval or other action authorizing the Mayor to sign a letter to the Texas
Department of Rural Affairs regarding federal fair housing laws — T. Tietjens
Planning Director Tim Tietjens presented a summary.
Councilmember Mosteit moved to authorize the Mayor to sign a letter to the Texas Department
of Rural Affairs regarding federal fair housing laws. Councilmember Engelken seconded.
MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Absent: Councilmember Clausen
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June 27, 2011, City Council Meeting Minutes
(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
City Engineer Julian Garza presented a summary.
Councilmember Moser motioned to award RFP #11504 and authorize the City Manager to enter
into a contract with Paskey, Inc. in the amount of $1,492,930.83 and a 5% contingency in the
amount of $1,567,577.37 for construction of Little Cedar Bayou Linear Detention.
Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Absent: Councilmember Clausen
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 the Town of
La Porte subdivision (201 N. 11th Street) Lots 15 -18 & S1/2 of 19, Block 72 — T. Tietjens
Director of Planning Tim Tietjens discussed 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 the
Town of La Porte subdivision (201 N. 11th Street) Lots 15 -18 & S1/2 of 19, Block 72.
Mayor Rigby expressed his thanks but he did not wish to accept the donation.
Councilmember Kaminski moved to not accept the donation. Councilmember Zemanek
seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken and Kaminski
Nays: None
Absent: Councilmember Clausen
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
City Council opened the public hearing at 7:38 p.m. and continued the public hearing from
April 25, 2011, regarding condemnation of substandard building located at 1307 E. Main St.
Councilmember Moser asked how much more time was required for the probate process.
Mr. Lewis informed paperwork had been filed three weeks ago. Mr. Lewis was asked if he
thought ninety days would be plenty of time for the probate process. Mr. Lewis answered
"Yes."
Councilmember Mosteit moved to continue the public hearing for an additional 90 days.
Councilmember Leonard seconded. MOTION PASSED.
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June 27, 2011, City Council Meeting Minutes
Ayes: Mayor Rigby, Councilmembers Mosteit, Martin, Moser,
Zemanek, Leonard, Engelken, and Kaminski
Nays: None
Absent: Councilmember Clausen
12. RECEIVE REPORT from Fiscal Affairs Committee — Councilmember Engelken
Chairman Engelken provided a report from the Fiscal Affairs Committee and directed staff to
provide Councilmember Kaminski all information regarding the RFP for Professional Auditing
Services.
13. RECEIVE REPORT from La Porte Development Corporation Board — Councilmember Engelken
Chairman Engelken provided a report from the La Porte Development Corporation Board.
14. STAFF REPORTS
(a) Receive Report on Ike Update and the Blue Tarp Assessment list requesting direction from
Council — D. Wilmore
Building Official Debbie Wilmore provided an Ike Update and Blue Tarp Assessment report
Council questioned if staff had received a schedule when the roofs would be replaced and whether
the City had offered assistance.
Mayor Rigby directed staff to contact Habitat for Humanity and inquire as to who provides their
roofing services or if they know of any Ike Recovery funds available in Harris County.
Planning Director Tim Tietjens was also directed to assist in the process. Building Official Debbie
Wilmore was directed to provide owner and property information and to waive permit fees through
the end of the year.
Staff was directed to bring information back to City Council on which properties were rentals when it
is available, in addition to continue enforcing replacement of tarps that need replacing.
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 - Matters appearing on agenda; recognition of community members, city
employees, and upcoming events; inquiry of staff regarding specific factual information or existing
policy — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit,
Clausen, and Mayor Rigby.
Councilmember Martin congratulated Councilmember Kaminski and Lou Ann Martin on her award
as the "2011 Five -Star Real Estate Agent in the City of La Porte" from Texas Monthly Magazine.
Councilmember Moser congratulated Councilmember Kaminski. Councilmember Kaminski thanked
everyone and the congratulated the Heritage Society. Councilmember Zemanek wished Assistant
Fire Chief Donald Ladd a "Happy Birthday" and congratulated Councilmember Kaminski.
Councilmember Leonard welcomed Councilmember Kaminski into office and the newly appointed
Boards and Commissions members, in addition to wishing everyone a safe upcoming 4 of July.
Councilmember Engelken congratulated Councilmember Kaminski, wished Councilmember
Zemanek a "Happy Birthday" and complimented the La Porte Fire Department for their hard work
Page 8 of 9
June 27, 2011, City Council Meeting Minutes
putting out the fire at Pecan Plantation. Councilmember Mosteit congratulated Councilmember
Kaminski, thanked the Heritage Society, wished Councilmember Zemanek a "Happy Birthday" and
congratulated Councilmember Engelken on appointment as Mayor Pro -Tem. Mayor Rigby
congratulated Councilmember Kaminski, thanked candidate Rick Guzman for the good election he
ran, thanked John Black for his term in office, wished Councilmember Zemanek a "Happy Birthday"
and commented on the nice Juneteenth event.
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.
An executive session was not convened.
18. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
19. ADJOURN
There being no further business, the meeting adjourned at 8:08 p.m.
Respectfully submitted,
Patrice Fogarty, City Secretary
Passed and approved on July 11, 2011.
Mayor Louis R. Rigby
Page 9 of 9
June 27, 2011, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 11, 2011
Requested By: Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits:
1) Ordinance
2) Water Service Agreement
3) Sanitary Sewer Service Agreement
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
FR/CAL INTERPORT, LLC, has requested water and sanitary sewer service to Reserve B, Block
1, a 42 -acre tract located at 13301 Bay Area Blvd. in the Bayport Industrial District (See Exhibit 4
- Area Map). Council has approved a policy to provide utility service to companies located outside
its city limits and within its industrial districts. These companies are required to maintain a current
Industrial District Agreement (IDA) with the City. FR/CAL INTERPORT, LLC, has a current
IDA with the City and desires to pursue water and sanitary sewer service under the terms of this
policy.
Based on the company's stated demand for domestic uses, the average daily demand for water and
sanitary sewer service is 17,400 gallons per day, respectively. The company will pay one and one -
half (1 - '/ 2) times the City's current utility rate for its utility services. FR/CAL INTERPORT, LLC,
has paid total administrative fees to the City in the amount of $30,000 ($15,000 per each
agreement). FR/CAL INTERPORT, LLC will fund the installation of utility lines required for
water and sanitary sewer service to its facility.
The term of FR/CAL INTERPORT, LLC's Phase 11 Water Service Agreement expires on
December 31, 2019, plus any renewals and extensions thereof. However, these agreements shall
automatically expire at such time as there is no effective Industrial District Agreement between the
parties or if the City exercises the right of termination.
Staff recommends approval of Water and Sanitary Sewer Service Agreements with FR/CAL
INTERPORT, LLC as submitted herein.
Action Required by Council:
Approve an ordinance authorizing the City Manager to execute a Water Service Agreement and a
Sanitary Sewer Service Agreement with FR/CAL INTERPORT, LLC for its facility at 13301 Bay
Area Blvd. in the City's Bayport Industrial District.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
ORDINANCE NO. 2011
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND FR /CAL INTERPORT, LLC; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and
authorizes the contract, agreement, or other undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference. The City Secretary is
hereby authorized to attest to all such signatures and to affix
the seal of the City to all such documents. The City Manager is
hereby authorized to execute said contact, agreement, or other
undertaking described in the title of this ordinance.
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.
ORDINANCE NO. 2011-
PAGE 2
PASSED AND APPROVED, this day of , 2011.
CITY OF LA PORTE
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
z
Knox W. Askins
City Attorney
Louis R. Rigby
Mayor
I
STATE OF TEXAS
COUNTY OF HARRIS §
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY ", and FR/CAL
INTERPORT, LLC, hereinafter called "COMPANY ".
I.
COMPANY is the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long -range potable water supply of CITY did not
include the needs of properties located outside the corporate limits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service, CITY
agrees, however, to provide limited potable water service to COMPANY. For and in consideration
of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY'S property as of the date of this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Full -Time Employees on site 348
+ Number of Full -Time Contract Employees on site 0
Total On -Site Full -Time Employees 348
Potable Water Approved for Domestic Use
(Total on -site Employees times 50 gpd per employee) 17,400
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd) 17,400
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to -wit:
(A) COMPANY shall pay to CITY a one -time administrative fee of $15,000.
(B) The total amount of potable water approved to COMPANY is established at
Seventeen Thousand Four Hundred (17,400) gallons per day. This number is based on an
average of fifty (50) gallons per employee per day as established by CITY.
(C) The average monthly volume of Five Hundred Thirty Thousand Seven Hundred (530,700)
gallons is established by multiplying the average daily volume by a factor of 30.5, which shall
be used to facilitate CITY'S utility service billings.
(D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of Five Hundred Thirty Thousand Seven Hundred (530,700) gallons.
Repeated consumption greater than the established average monthly volume may result in
termination of service.
(E) COMPANY shall pay the standard water tap /meter fee based on CITY'S current tap /meter
fee schedule. Upon final approval of COMPANY'S on -site and/or off-site utility
construction by CITY, COMPANY shall pay the CITY'S standard water deposit fee through
CITY'S Utility Billing Division prior to receiving water service from CITY.
(F) The cost of water up to the average monthly volume of Five Hundred Thirt y Thousand Seven
Hundred (530,700) gallons shall be billed at one hundred fifty percent (150 %) of the CITY'S
rate as established from time to time for commercial customers inside its corporate limits.
(G) The cost of water for amounts used in excess of the established average monthly volume shall
be billed at two hundred percent (200 %) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H) COMPANY shall submit a preliminary site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the final site plan and approved by City.
(1) COMPANY'S site design and site development will, in certain cases, be subject to specific
"Rules and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial District
Agreement with CITY.
(J) All plumbing installed by COMPANY eormected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements.
(K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross - connections.
L]
(L) COMPANY'S potable water supply system will be segregated from any existing and future fire
protection system.
(M) The total cost for the engineering design and construction of any potable water main,
service line, back flow preventer, meter or other required appurtenances will be the
responsibility of COMPANY.
(N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the fi►rriishing
of potable water to customers within the corporate limits of CITY.
(0) There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
(Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of LaPorte.
(R) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(S) CITY does not guarantee its water system to provide specific water pressure and/or water
volume requirements of COMPANY.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
In the event a State or Harris County license, permit, or permission to install the water main
is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of
such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, reading its water meter(s) and to observe compliance with the terms
and conditions of this Agreement. When exercising its right of entry, CITY shall notify
COMPANY in advance. CITY also agrees to follow established health and safety policies in effect
at COMPANY'S facility.
4
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to core any defects. Failure to correct defects
within ten (10) calendar days from date of written notice by CITY may result in termination of
Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect
or deficiency, when in its opinion the integrity of the public water supply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six -
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The terns of this Agreement shall expire on December 31, 2019, plus any renewals and
extensions thereof. However, this Agreement shall automatically expire at such time as there is no
effective Industrial District Agreement between the parties or if CITY exercises its right of
termination.
ENTERED INTO effective the day of
SEE PAGE 4 -A (ATTACHED)
Signature of Company's Authorized Representative
Printed Name:
Company Representative's Title:
Company's Address:
W
FR/Cal Interport, LLC
a Delaware limited liability company
By: FirstCal Industrial, LLC,
a Delaware limited liability company,
its sole member
By: California State '.Teachers' Retirement System,
a public entity, its manager
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized agent
By: LPL/
Name: William G. Williams 11I
Title: Investment Director -- Asset Management
Company's Address:
FR/Cal Interport, LLC
c/o Sealy & Company, LLC
7020 Fortwest Drive, Suite 100
Houston, `I'X 77024
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Ge By:
Knox W. Askins
City Attorney
CITY OF LA PORTE
Louis R. Rigby
Mayor
Ron Bottoms
City Manager
b
EXHIBIT "A"
to Water Service Agreement
The Water Service Agreement is hereby arnended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive water service from CITY per the terms of the
Water Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Reattirements of COMPANY:
1. COMPANY shall pay to CITY NIA as a pro -rata reimbursement for construction of the
water main serving its properly by other parties.
Initial for Approval
CITY APPROVAL:
COMPANY APPROVAL4
STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY ", and FR/CAL
INTERPORT, LLC, hereinafter called "COMPANY ".
I.
COMPANY is the COMPANY of certain real property, which is situated in CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to -wit:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations, the City has determined the following:
Number of Employees on -site 348
Number of Contract Employees 0
Total on -site Employees 348
Sanitary Sewer Desired for Domestic Use
(Total on -site times 50 gpd per employee) 17,400
Total Amount of Sanitary Sewer Approved
For COMPANY (Average Daily Volume, gpd) 17,400
N
IV.
CITY has determined that adequate facilities are available to allow CITY to fiimisll sanitary
sewer to COMPANY based on the following terms and conditions, to -wit:
(A). COMPANY shall pay to CITY a one -time administrative connection charge of $15,000.
(B). COMPANY shall pay the standard sewer tap fee based on CITY'S current sewer tap fee
schedule. Upon final approval of COMPANY'S on -site and/or off -site utility construction by
CITY, COMPANY shall pay the CITY'S standard sewer deposit fee through CITY'S Utility
Billing Division prior to receiving sewer service from CITY.
(C). The average daily volume is established at Seventeen Thousand Four Hundred (17,400)
gallons per day. This number is based on an average of fifty (50) gallons per employee per
day established by CITY.
(D). The average monthly volume is calculated to be eighty -five percent (85 %) of the average daily
volurne multiplied by a factor of 30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly volume of Four Hundred Fifty
One Thousand Ninety Five (451,095 gallons shall be one hundred fifty percent (150 %) of the
CITY'S rate as established from time to time for commercial customers inside its corporate
limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200 %) of the CITY'S rate as established from time to
time for conunercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of Four Hundred Fi , One Thousand Nine! Five (451,095) allons.
Repeated sanitary sewer delivery greater than the established average monthly volume may
result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty -six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of
Ordinances) and any subsequent atnendments or revisions.
(K). Owner shall install a sanitary sewer sampling well in accordance with CITY'S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
3
(L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
(M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
fiurnishing of sanitary sewer service to customers within the corporate limits of CITY.
(N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards.
(0). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the fiurrrisbing of sanitary
sewer service to COMPANY.
(P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY'S
development project may be subject to certain additional requirements as described in Exhibit
"A ", attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
!I
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six -month period, CITY shall have the right to terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District
Agreement between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the day of
SEE PAGE 4 -A (ATTACHED)
Signature of Company's Authorized Representative
Printed Name:
Company Representative's Title:
Company's Address:
M
FR/Cal Intel-port, LLC
a Delaware limited liability company
By: FirstCal Industrial, LLC,
a Delaware limited liability company,
its sole member
By: California State Teachers' Retirement System,
a public entity, its manager
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized agent ��jj
By: L-- .1 --
Maine: William G. Williams 111
Title: Investment Director — Asset Management
Company's Address:
FR/Cal Interport, LLC
c/o Sealy & Company, LLC
7020 Porhvest Drive, Suite 100
Houston, TX 77024
ATTEST:
Patrice Fogarty
City Secretary
APPROV D
By:
Knox W. Askins
City Attorney
CITY OF LA PORTE
Louis R. Rigby
Mayor
Ron Bottoms
City Manager
6
1'1+[9 H11311 " A "
to Sanitary Server Service Agreement
The Sanitary Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY;
1. COMPANY shall pay to CITY S N/A as a pro -rata reimbursement for construction of the
sanitary sewer main serving its property by other parties.
Initial for Approval
CITY APPROVAL:
COMPANY APPROVAL
Council Agenda Item
July 11, 2011
7. DISCUSSION OR OTHER ACTION
(a) Consider approval or other action awarding Bid #1005 and
authorizing the City Manager to enter a contract with Paskey, Inc. for
construction of the Oakhurst Drainage Improvements — J. Garza
(b) Discussion or other action regarding the Concrete Street Program
in the City of La Porte - J. Garza
(c) Discussion or other action regarding adoption of a Water Service Line
Protection program through Utility Service Partners, Inc. and the
North Central Texas Council of Governments that would offer water
and sanitary sewer service line coverage to homeowners within the
City of La Porte - T. Leach /D. Mick
(d) Discussion or other action regarding of the acceptance of property
donation to the City of La Porte from La Porte Main Street Association,
for Lots 29 and 30, Block 39 on Main St. in La Porte - S. Osborne
***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested Julv 11, 2011
Requested By: Julian Garza
Department: Planning
Report: X Resolution: _Ordinance:
Exhibit: Memo from Purchasing «ith Bidders List
and Bid Tabulation
Exhibit: Location Map
Appropriation
Source of Funds GEN 957
Account Number: 050 -9892- 957 -1100
Amount Budgeted: S680,000.00 CDBG Funds
Amount Requested: S656,179.99
Budgeted Item: X YES _NO
SUMMARY
Advertized, sealed bid number 11005 — Oakhurst Drainage Improvements -Rebid were opened and read
on June 21, 2011. The City received bids from six (6) vendors. The low bid was submitted by Paskey,
Inc. in the amount of $624,93332. The project consists of installation of a 6' X 4' Box Culvert Storm
Sewer Outfall along Oakhurst from Broadway to Galveston Bay and a 36 -inch Storm Sewer along
Westview to Oakhurst and associated utilit_T and pavement reconstruction.
Staff recommends awarding the contract in the amount of $624,93332 to the low bidder, Paskev, Inc.
Staff also recommends authorizing a 5% contingency equal to $31,246.67 for a total authorized amount
requested of $656,179.99.
This project is being funded through a Community Development Block Grant (CDBG) administered by
the Texas General Land Office (formally administered by the Texas Department of Rural Affairs).
Action Required by Council:
Authorize the City Manager to enter into contract with Paskev, Inc. in the amount of $624,93332 and
further authorizing a 5% contingency of $31,246.67 for a total amount of $656,179.99 for construction of
the Oakhurst Drainage Improvements.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
To. Tim Tietjens, Planning Director
Julian Garza, Senior Engineer
Rodney Slaton, Engineer
From: Susan Cream, Purchasing Manager
Subject: Sealed Bid #11005 — Oakhurst Drainage Improvements - Rebid
Date: June 23, 2011
Advertised, sealed bids #11005 -- Oakhurst Drainage Improvements - Rebid were opened
and read on June 21, 2011. Bid requests were sent to 35 vendors with six (6) returning
bids.
Rodney received copies of the bid on June 21 for evaluation. The bid tabulation sheet is
attached for your review. The apparent low bidder is Paskey Incorporated. The first
available date this bid may be placed on the City Council meeting agenda is July 11,
2011.
Please remember to submit your agenda request form to the City Secretary, Finance, and
Purchasing Manager by June 30, 2011. The following items should be included:
➢ Explanation of recommendation, if other than apparent low bid
➢ Bid Tabulation
➢ Bidders List
➢ City Council Meeting Request/Checklist
Attachment: Bid Tabulation
Bidders List
BIDDERS LIST
Sealed Bid #11005 Oakhurst Drainage Project -Rebid
AAA Asphalt Paving, Inc Cravens Service Inc
10526 Tanner Rd 1403 Conway Landing
Houston, TX 77041 Cypress, TX 77429
Angel Brothers Enterprises, Ltd
5210 West Rd
Baytown, TX77522
Aranda Brothers Construction
4207 Castledale
Houston, TX 77093
Beyer Construction,
12200 -B Duncan Rd
Houston, TX 77066
D &W Contractors
PO Box 1075
Channelview, TX 77530
Ferguson Waterworks
6825 Wallisville Rd
Houston, TX 77020
LLP G.W Phillips Construction, Inc
117 Oates Rd
Houston, TX 77013
BRH- Garver Construction
7600 S Santa Fe Building A -1 East
Houston, TX 77061
BSP Construction
15111 Hwy 6
Santa Fe, TX 77517
Byrd Brothers
5164 Lamm Rd
Wilson, North Carolina 27893
Brystar Contracting, Inc
8385 Chemical Rd
Beaumont, TX 77705
Calco Contracting, Ltd
PO Box 10156
Houston, TX 77206
Conrad Construction
PO Box 841134
Houston, TX 77284
Haddock Construction Co., Inc
PO Box 1263
Friendswood, TX 77549
Harris Construction Co
6602 Guhn Rd
Houston, TX 77040
Huff & Mitchell, Inc
16410 Huffineister Rd
Cypress, TX 77429
ISI Contracting, Inc
5215 Fidelity Rd
Houston, TX 77029
Jordon Enterprise LP
13403 Redfish Ln
Stafford, TX 77477
Kingsley Constructors, Inc
1544 Sawdust Rd Suite 200
The Woodlands, TX 77380
Lazer Construction
3405 Almeda Genoa Rd
Houston, TX 77047
L & W Excavators, Inc
PO Box 95
Manvel, TX 77578
Matula & Matula Construction, Inc
122 W Wayside Suite 325
Lake Jackson, TX 77566
Mar -Con Services, LLC
PO Box 837 (Hub Vendor)
Deer Park, TX 77536
Metro City Construction
5715 Luce St
Houston, TX 77087
Paskey Inc
PO Box 5724
Pasadena, TX 77508
R Hassell & Co., Inc
PO Box 20487
Houston, TX 77225
R.L. Utilities, Inc
PO Box 1154
La Porte, TX 77572
Spring Equipment
13118 Green River Dr.
Houston, TX 77044
Texas Sterling Construction
20810 Fernbush Ln
Houston, TX 77073
Texcor
2500 West Main G -3
League City, TX 77574
Total Site, Inc
11228 East Hardy Rd
Houston, TX 77093
T & T Construction
204 Preston Rd
Pasadena, TX 77503
Triple E Services, LLP
820 Old Atascocita Rd
Huffman, TX 77336
Z -Co Development
2500 West Loop S #300
Houston, TX 77027
BID TABULATION #11005 - OAKHURST DRAINAGE IMPROVEMENTS -REBID
DESCRIPTION
QTY
UOM
PASKEY
INCORPORATED
MAR -CON
SERVICES, LLC
SPRING
EQUIPMENT CO.
ANGEL
BROTHERS
ENTERPRISES
METRO CITY
CONSTRUCTION
G.W. PHILLIPS
CONCRETE
CONSTRUCTION
Total Base Bid
1
LS
$597,933.32
$677,430.80
$743,588.00
$760,566.00
$874,345.50
$917,275.00
Alternate Bid Items
1) Wet Sand Construction
1
LS
12,000.00
6,000.00
42,000.00
12,000.00
13,200.00
30,000.00
2) Well Pointing
1
LS
15,000.00
15,000.00
17,400.00
12,000.00
17,400.00
12,000.00
Total Alternate Items
27,000.00
21,000.00
59,400.00
24,000.00
30,600.00
42,000.00
TOTAL BASE BID AMOUNT, PLUS ALTERNATE
I
1
1 $624,933.321
$698,430.801
$802,988,001
$784,566.001
$904,946.501
$959,275.00
Information reflects pricing only and other factors may be Considered during the evaluation process
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested Julv 11, 2011
Requested By: Julian Garza
Department: Planning
Report: X Resolution: _Ordinance:
Appropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: _YES __v0
SUMMARY
City Council authorized Cobb, Fendlev & Associates, Inc. to prepare a report to determine the
engineering, planning, and construction cost associated with phased construction of concrete streets, curb
and gutter, and associated storm sewers in the area bound by Main Street, South Broadvvav, Fairmont
Parlcwav and SH 146. Mapping of current watersheds, survev, hydraulic and hydrologic modeling,
preliminaiv planning and cost estimates have been completed and a draft report prepared and reviewed by
Planning and Public Works staff.
Representatives of Cobb, Fendley & Associates will be present to provide Council with an update on the
current status of the project. A final report will be provided prior to the August 8, 2011, City Council
Meeting.
Action Required by Council:
Receive report from Cobb, Fendley & Associates.
Approved for City Council Agenda
Ron Bottoms, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste July 11, 2011
Requested By: David Mick
Department: Public Works
Report: Resolution: Ordinance:
Exhibits: Standard Interlocal Agreement with NCTC
Exhibits: Standard USP Agreement without revenue)
Exhibits: Standard 11SP Agreement w*th revennP to C ity)
Appropriation
Source of Funds: N/A
Account Numbe N/A
Amount Budgeted /A
Amount Requeste
Budgeted Item: N/A
SUMMARY & RECOMMENDATION
Typically a homeowner is responsible for maintaining at least a portion of their water service and
sanitary sewer lines. In the City of LaPorte, the home owner is responsible for maintaining the
water service line from the house side of the meter box to the residence, and the sanitary sewer lateral
from the tap at the sewer main to the residence excepting any portion of the lateral that is located
within the public right -of -way area. Repairs to these service lines can be expensive and often range
from $500 - $3500. These repairs usually are not covered by a homeowner's insurance policy Unless
the need for the repair was created by a specific insurable incident such as a natural disaster or a fire.
This being the case, there are likely some residents within the city for whom a water /sanitary service
warranty program would be an attractive option.
In January, 2011, the North Central Texas Council of Governments ( NCTCOG) Board voted to adopt
a shared services agreement with United Services Partners, Inc. (USP). The agreement provides the
foundation for a structured agreement between USP and any other interested city, similar to how the
City has Utilized H -GAC contracts for goods and services.
Information on the program is outlined in the attached documents. Some of the highlights are as
follows:
• This would be an optional program for residents (only).
• The contract is between the property owner and the warranty company (USP).
• Monthly fees $4.50 for water, $5.50 for sanitary sewer. The contract duration may be one
year or month to month as desired by the homeowner.
• No deductible. $4,000 cap per incident. No cap to the number of incidents or claims.
• USP Utilizes local, private contractors.
• 24/7 service.
• A contract with USP can be structured with or without a revenue return to the City. If
selected, the revenue- sharing option would typically include a 12% return to the city. If not
selected, the resident's premium is reduced by 12 %.
• USP typically sees 25% - 35% participation in their warranty program when their program is
introduced through the municipality.
USP has found that their customer response rate is much higher when they work with the local
municipalities. For this reason they are asking for the use of the city logo to facilitate their future
advertisement campaigns.
It should be noted that there are other companies that offer a similar product. However, USP does
have the advantage of being fully vetted through the formal RFP process and endorsed by both the
National League of Cities (NLC) and the North Central Texas Council of Governments ( NCTCOG).
If council elects to participate in the USP warranty program, staff envisions that any communication
that includes a reference to the City of La Porte would be limited to confirmation that USP is
endorsed by the NLC and NCTCOG and further confirmation that there is a portion of their
residential water service and sanitary sewer lateral that they are responsible for maintaining.
A representative from USP will be on hand to provide additional information.
Other Considerations:
The city currently participates in the CVS Caremark prescription program, which is a NLC-
endorsed program as well. The City allowed use of the logo on print materials for this program.
This is a relatively new program, with the NCTCOG endorsement coming just this year. The
warranty program has been offered in the Texas cities of Kyle, Navasota, Bryan, Carrollton,
Denison, and others for more than one year. Others are now participating.
Action Required by Council:
Provide staff with direction on whether Council would like to see this program offered to residents.
If Council desires to move forward, staff will present a resolution to City Council at their July 25,
2011 meeting that would authorize the City Manager to enter into a shared interlocal agreement with
NCTCOG and a separate agreement with USP.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
How long has the company been in business?
The company was originally formed in 1998 within Columbia Energy to
provide service line warranties for its utility customers. USP was formed in
September 2003 to purchase Columbia Service Partners from Columbia
Energy. USP continues to expand the product offerings and grow the
business through city and utility partnerships. USP is a proud member
of the Better Business Bureau.
Is this program available everywhere?
The NLC Service Line Warranty Program will be introduced throughout the
contiguous United States in phases over the next 18 months. Please see
our National Roll -Out Schedule map for details regarding your state.
How are our citizens notified of the program?
USP malls each resident a campaign letter which outlines the cities'
endorsement, followed by a reminder letter two weeks later to ensure
the highest response rate. USP only solicits through direct mail — no
telemarketing is ever employed. All homeowners will have the option to
enroll in the program, regardless of the age of their residence.
What cooperation will be needed from the cities?
USP desires to enter into a co- branded marketing services agreement with
each city. The agreement provides for the use of the city name /logo, in
conjunction with USP's logo, on marketing materials sent to citizens. The
city is endorsing USP as the service provider for the warranty program.
When do you solicit residents?
Through the years, we have found the optimal times to invite citizens to
participate are in the Spring and Fall of each year.
Does NLC or USP sell or rent the personal information
of residents that enroll in the program?
No. Neither the NLC nor USP will sell or rent the names of prospective
customers or participants.
How much does the resident pay for this service?
Each warranty is sold separately and the price range is generally between
$4 and $5 a month per product.
How much will residents save by using the warranty
program?
While costs for water line and sewer line repairs can vary, the average
cost of repairing a broken water line or sewer line may range from
$1,200 to over $3,500.
Will this program cost the city any money?
Not a cent. USP pays for all marketing materials and program
administration. Furthermore, USP will pay the city a royalty for every
resident that participates in the program!
What benefit does the city receive from endorsing
these programs?
By endorsing the USP programs, the city is able to reduce resident's
frustration over utility line failures by bringing them low -cost service
options. 96% of survey respondents say that their image of the city is
enhanced because the warranty program is offered as a service by the
city. These programs also generate extra revenue for the city through the
royalty that is paid by USP to the city. Finally our programs help to
stimulate the local economy. USP only uses local contractors to complete
the repairs which helps to keep the dollars in the local community.
Who administers the program?
Utility Service Partners (USP) administers the program and is responsible
for all aspects of the program including marketing, billing, customer
service, and performing all repairs to local code.
What are the city's responsibilities?
We ask each city to work with USP to provide the following; 1) a copy of
the city seal, if available, for the solicitation letterhead 2) the city's return
address for outer envelope (this ensures a high "open- rate ") 3) the name,
title and signature sample of the designated solicitation signor and d) the
appropriate zip codes of the city to allow USP to purchase a mailing list
of the residents.
Why does the city have to provide a city seal, address
and signature?
We have found that while the letter is written in such a manner as to leave no
doubt that it is a USP program (the USP logo is on the enrollment form), the
city address drives a very high "open -rate" and the city seal and signature
lend credibility to the offer, thus driving a much higher enrollment rate.
Will we get a lot of calls from citizens when they get
the letter?
A press release provided by USP and issued prior to the first mailing will
help alleviate citizen concerns, which should result in nominal calls to
city hall.
How will citizens know what is covered?
All customers receive a set of forms and conditions upon enrollment in a
utility warranty program. They have 30 days from the date of enrollment to
cancel and receive a full refund.
What items are included as part of the water
line warranty?
The external water warranty covers the underground service line from the
point of connection to the city main line to the water motor. It also covers
the underground service line between the water meter and the exterior
foundation of the home. If any part of the line is broken and leaking, USP
will repair or replace the line in order to restore the service. Coverage caps
listed in the terms & conditions are per occurrence as follows: $4,000 plus
an additional $500 for public sidewalk cutting, if necessary.
What items are included as part of the sewer
line warranty?
The external sewer line warranty covers the underground service fine from the
point of connection to the city main line to the point of entry to the home. If
any part of the line is broken and leaking, USP will repair or replace the line
in order to restore the service. Coverage caps listed in the terms & conditions
are per occurrence as follows: $4,000 plus an additional $4,000 for public
street cuffing, if necessary.
The Coverage Cap looks adequate but is there an
annual or lifetime restriction on how much you will pay
to repair?
No. Unlike some other warranties available, we provide you with the full
coverage per incident. We will pay up to your coverage amount each and
every time you need us. We do not deduct prior repair expense from your
coverage cap or limit the amount we will pay annually.
Who replaces landscaping if damaged?
USP will provide basic restoration to the site. This includes filling in the
holes, mounding the trench (to allow for settling) and raking and seeding
the affected area. Restoration does not include replacing trees or shrubs or
repairing private paved /concrete surfaces. This is outlined in the terms
& conditions sent to the customer.
What building codes will you adhere to?
If the line is broken and leaking, USP will repair or replace the leaking
portion of the line according to the current code. However, USP is not
responsible for bringing working lines up to code that are not in need
of repair.
Will a citizen have a long hold time when reporting
a claim?
No. Repair calls receive the highest priority and are answered 24/7.
Repair calls are connected to a live agent through a voice recognition
unit {VRU).
Will the customer always get a live operator when
they call?
Yes. Customers are directed to select to speak with either a service or claims
agent and will then be directed to a live Agent.
What is the claims process?
Program participants call a toll -free USP number to file a claim.
USP selects the contractor, who is required to contact the customer within
one hour of receiving the job to schedule a time to begin the repairs.
Typically, repairs are completed within 24 hours. Emergencies receive
priority handling.
Who performs the repair work?
USP retains local, professional plumbers to perform all the service line
repair work.
Doesn't Homeowner's Insurance cover this type How selective are you when choosing contractors to
of repair? conduct repairs?
USP only selects contractors who share our commitment to excellence in
Typically, no. Most homeowner but policies will pay o repair the damage customer service. Scorecards are maintained for each contractor, tracking
actual broken created ro Failed utility lines but they generally u t not pay to repair the the customer satisfaction rating for work performed. Customer feedback is
ken pipes lines. We encourage you to calf your insurance shared with our contractors and any contractor with a low customer
company to determine e your actual coverage. satisfaction rating is removed from the network.
Is soil movement due to ground shifting covered?
Yes, ground shifting is one of the major causes for water line breaks. If the
line is broken and leaking, the repair is covered under the warranty.
1. Upon approval from city co uncil ( applicable , execute one-
p pP ty �� PP �
page contract provided by USP (upon contract execution, USP
will immediately begin to recruit and screen local contractors)
2. Approve Press Release provided by USP (general notice
to eliminate resident confusion /city calls) and if desired,
distribute to local media and /or post to the city website
3. Send the follow g
in to USP for the creation of the citizen
solicitation letter:
• City Seal artwork, if available
• Name /Title of designated signor plus signature
• City Address for outer envelope
• Zip +4 list of city territory
4. Approve Solicitation Letter provided by USP
f u% 5. Access Monthly Reporting via the web
b. Receive Annual Payment NATIONAL
t LEAGUE
of CITI ES
INTERLOCAL AGREEMENT
FOR A
COOPERATIVE PROGRAM
FOR
SERVICE LINE PROTECTION PROGRAMS
THIS INTERLOCAL AGREEMENT (*'Agreement "), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Govermnent Code (the ``Act "), by and between the North Central Texas
Council of Gover7nnents, hereinafter referred to as `` NCTCOG, having its principal place of business at 616 Six
Flags Drive, Arlington. Texas 76011. and * (ENTITY NAME) a local government, as defined in the Act (a
county, a municipality, a special district, or other political subdivision of the State of Texas), hereinafter referred to
as ``Participant," created and operated to provide one or more govermnental functions and services, and having its
principal place of business at ENTITY ADDRESS.
WITNESSETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Gover7nnent Code: and
WHEREAS, NCTCOG has performed the due diligence process for a Water Seivice Line Protection Program for
local municipalities; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services: and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative program under which it contracts with
eligible entities under the Act: and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on * (DATE) , and that it desires to contract with NCTCOG on the terms set forth
below and
WHEREAS, NCTCOG's Executive Board approved a resolution to provide these services through interlocal
agreements at its January 27, 2011 board meeting;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because it is one of the following: a local govermnent, as defined in the Act (a county, a municipality, a special
district, or other political subdivision of the State of Texas) or any other state, or a combination of two or more of
those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas
Govermnent Code, or a similar agency of another state), or a non- profit corporation created and operated to provide
one or more govermnental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree that this Agreement shall be governed by and subject to all applicable state and
federal laws, statutes, rules and regulations in effect or promulgated during the term of this Agreement, whether or
not cited herein, including the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Gover7nnent Code...
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachnnents, as provided herein, constitute the complete contract between the parties hereto
regarding the subject matter herein described, and supersede any and all prior oral and written agreements between
the parties relating to the matters set forth herein.
ARTICLE 4: MASTER CONTRACT
NCTCOG AND Utility Service Partners Private Label, Inc. ( "USP ") have entered into a Master Contract
calling for USP to provide line repair coverne to homeowners residing within the im isdiction of the
Participant for water lines and sewer lines as part of a protection program. Furthermore it is anticipated
that USP will enter into Letters of Engagement with subscribing Participants outlining the services to be
Interlocal Agreement - 7/5/2011
provided to the citizens of Participant. The initial term of the Master Agreement is three (3) years with a
maximum of three (3) one (1) year renewals for a total, maximum term of six (6) years. NCTCOG shall act as
a facilitator on1v with regard to the program, it being understood that the direct contractual relationship
between USP and the Participant shall control the nature and extent of services to be provided. NCTCOG
shall have no direct contractual relationship with Participant regarding this service other than to facilitate
the program.
Participants will be entitled to receive a portion of the revenues received by USP from citizens within their
jurisdiction as more fully described in the Master Contract and the Letters of Engagement. No payments will be
made by NCTCOG to the Participant or from the Participant to NCTCOG.
ARTICLE 5: ELECTION TO PARTICIPATE/TERMINATION.
By electing to execute this Agreement Participant acknowledges that it is subscribing to this service with USP for
the term and upon the conditions set out in the Letter of Agreement and the adjoining Master Contract. NCTCOG
and Participant may terminate this Agreement for any reason upon thirty (30) days prior written notice to the other.
ARTICLE 6: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any
alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and
State law or regulations are automatically incorporated into this Agreement without written amendment hereto and
shall become effective on the date designated by such law or regulation.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Demotes required fields
XOTE: Facsimile conies ofthis document will not be acceptable as ORIGINAL,';.
Name of Participant (local government, agency, or non- prgfiit
corporation)
Mailing :address
Citv State ZIP Code
* BV:
Signature of Authorized Official
Typed Name of Authorized Official
Typed Title of Authorized Official Date
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
Signature of Authorized Official
Typed Name of Authorized Official
Typed Title of Authorized Official Date
Interlocal Agreement - 7/5/2011
Sample Agreement
RE: Marketing Agreement with Utility Service Partners Private Label,
Inc. d /b /a Service Line Warranties of America ( "SLWA ")
We have discussed entering into a marketing agreement between the City of
, Texas (the "City ") and SLWA.
SLWA provides affordable utility service line warranties to consumers. It is
SLWA's understanding that, in consideration of SLWA offering its external sewer and
water line warranties (the "Warranties ") at a 12% discount from its standard rates to the
Residents (as defined below) the City has agreed to cooperate with SLWA in marketing
SLWA's services to City's residents and homeowners (the "Residents ") as described
below:
I. City hereby grants to SLWA a non - exclusive license to use City's name and logos
on letterhead and marketing materials to be sent to the Residents from time to time, and
to be used in advertising, all at SLWA's sole cost and expense and subject to City's prior
review and approval, which will not be unreasonably conditioned, delayed, or withheld.
2. As consideration for such license, SLWA shall offer the Warranties to the
Residents at a rate that is 12% less than its standard rate for Warranties offered
elsewhere.
3. The term of this marketing agreement will be for one year from the date of the
execution of the acknowledgement below and this agreement will then renew on an
annual basis unless one of the parties gives the other advance written notice of at least 90
days that it does not intend to renew this marketing agreement. City may terminate this
marketing agreement 30 days after giving notice to SLWA that SLWA is in material
breach of this agreement if such breach is not cured during such 30 -day period. SLWA
will be permitted to complete any marketing initiative initiated or planned prior to the
effective date of any termination of this marketing agreement, but otherwise neither party
will have any further obligations to the other and the license described in this letter will
terminate.
4. SLWA shall indemnify, hold harmless, and defend City, its elected officials,
appointed officials, and employees from and against any loss, claim, liability, damage, or
expense that any of them may suffer, sustain or become subject to in connection with any
third party claim (each a "Claim ") resulting from the negligence or willfulness of SLWA
in connection with, arising out of or by reason of this marketing agreement, provided that
the applicable indemnitee notifies SLWA of any such Claim within a time that does not
prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder
may participate in its, his, or her own defense, but will be responsible for all costs
incurred, including reasonable attorneys' fees, in connection with such participation in
such defense.
If City agrees that the foregoing fully and accurately describes the agreement
between City and SLWA, please arrange to have a duly authorized representative of City
execute and date the acknowledgement below in each of the duplicate original versions of
this letter and return one to USP in the enclosed self - addressed stamped envelope.
If you have any questions or wish to further discuss this marketing agreement,
please do not hesitate to contact Brian Davis via email at brian @bdaconsultinggroup.com
or by phone at 214 - 476 -3430.
Very truly yours,
Utility Service Partners Private Label, Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
Acknowledged and Agreed:
City hereby
accurately describes
acknowledgement.
City of
By:
Print Name:
Title:
acknowledges and agrees that the foregoing letter fairly and
the agreement between City and SLWA as of the date of this
Date:
Sample Agreement
RE: Marketing Agreement with Utility Service Partners Private Label,
Inc. d /b /a Service Line Warranties of America ( "SLWA ")
We have discussed entering into a marketing agreement between the City of
, Texas (the "City" and SLWA.
SLWA provides affordable utility service line warranties to consumers. It is
SLWA's understanding that, in consideration of the License Fee (as defined below) to be
paid by SLWA to City, City has agreed to cooperate with SLWA in marketing SLWA's
services to City's residents and homeowners (the "Residents ") as described below:
I. City hereby grants to SLWA a non - exclusive license to use City's name and logos
on letterhead and marketing materials to be sent to the Residents from time to time, and
to be used in advertising, all at SLWA's sole cost and expense and subject to City's prior
review and approval, which will not be unreasonably conditioned, delayed, or withheld.
2. As consideration for such license, SLWA will be liable to pay to City, within 30
days of the end of the final calendar quarter, 12% of the revenue from USP warranty
subscriptions collected from the Residents during such calendar year (the "License Fee "),
together with a statement certifying collections of such USP revenue, so long as this
marketing agreement remains in effect. City will have the right, at its expense, to
conduct an annual audit, upon reasonable notice and during normal business hours, of
SLWA's books and records pertaining to sales and rentals to the Residents while this
marketing agreement is in effect and for one year after any termination of this marketing
agreement.
3. The term of this marketing agreement will be for one year from the date of the
execution of the acknowledgement below and this agreement will then renew on an
annual basis unless one of the parties gives the other advance written notice of at least 90
days that it does not intend to renew this marketing agreement. City may terminate this
marketing agreement 30 days after giving notice to SLWA that SLWA is in material
breach of this agreement if such breach is not cured during such 30 -day period. SLWA
will be permitted to complete any marketing initiative initiated or planned prior to the
effective date of any termination of this marketing agreement and shall pay the License
Fee to the City for the calendar year in which this marketing agreement is terminated
after which time, except for SLWA' S obligation to permit City to conduct an audit as
described above, neither party will have any further obligations to the other and the
license described in this letter will terminate.
4. SLWA shall indemnify, hold harmless, and defend City, its elected officials,
appointed officials, and employees from and against any loss, claim, liability, damage, or
expense that any of them may suffer, sustain or become subject to in connection with any
third party claim (each a "Claim ") resulting from the negligence or willfulness of SLWA
in connection with, arising out of or by reason of this marketing agreement, provided that
the applicable indemnitee notifies SLWA of any such Claim within a time that does not
prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder
may participate in its, his, or her own defense, but will be responsible for all costs
incurred, including reasonable attorneys' fees, in connection with such participation in
such defense.
If City agrees that the foregoing fully and accurately describes the agreement
between City and SLWA, please arrange to have a duly authorized representative of City
execute and date the acknowledgement below in each of the duplicate original versions of
this letter and return one to me in the enclosed self - addressed stamped envelope.
If you have any questions or wish to further discuss this marketing agreement, please do
not hesitate to contact Brian Davis via email at brian @bdaconsultinggroup.com or by
phone at 214 - 476 -3430.
Very truly yours,
Utility Service Partners Private Label, Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
Acknowledged and Agreed:
City hereby acknowledges and agrees that the foregoing letter fairly and
accurately describes the agreement between City and SLWA as of the date of this
acknowledgement.
City of
By:
Print Name:
Title:
Date:
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 7/11/11
Requested By: Stacey Osborne
Department: CMO
Report: Resolution: Ordinance:
Exhibits: Main Street Properties - Map
Exhibits: Main Street Properties —Tax Notice
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Ms. Imogeine Pulleine of La Porte, who was formerly treasurer of the now defunct La Porte
Main Street Association, was served with process in a delinquent tax suit on May 10, 2011 for
the property owned by the Association on Lots 29 and 30, Block 39 on Main Street. Ms. Pulleine
approached City Attorney Knox Askins and asked if the City would be interested in acquiring
the property. The total amount of taxes owed is $1,112.68.
Attached is a map showing where the subject properties are located and the information
regarding the tax suit.
Action Required by Council:
Consider accepting property donation (Lots 29 and 30, Block 39, Town of LaPorte) for resale or
public use.
Approved for City Council Agenda
Ron Bottoms, City Manager
date
askins
& askins P.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
May 12, 2011
zpm=
Ms. Stacey Osborne
Economic Development Coordinator
City of La Porte
Re: No. 2011-27447; La Porte Independent School District vs. the
La Porte Main Street Association; 281st District Court, Harris
County, Texas.
Dear Stacey:
Ms. Imogeine Pulleine of La Porte, who was formerly treasurer of
the La Porte Main Street Association, was served with process in a
delinquent tax suit, copy of which is attached, on May 10, 2011.
This concerns the delinquent taxes on Lots 29 and 30, Block 39,
Town of La Porte. Please call me when you return to your office,
so that we can discuss. I am not aware of the current status of La
Porte Main Street Association, and I am not familiar with the use
of the two lots.
Your
g-v ,ry truly,
Knox W. Askins
KWA: sw
Enclosure
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77372-1218
281.471.1887 phone • 281.471.2047 fax • knoxaskinsgcomcast.net - ctasldns@swbell.net
Print Details
Page 1 of 1
HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2011
REAL PROPERTY ACCOUNT INFORMATION
0231760000029
Value Status Information
Capped Account
I
Owner and Property Information
Notice Date
Shared CAD
1
Owner Name &
LA PORTE MAIN ST ASSOC
04/21/2011
Legal Description:
LTS 29 R 30 BLK 39
Not Certified
Mailing Address:
PO BOX 1794
040
HARRIS COUNTY
LA PORTE
0.388050
Code
LA PORTE TX 77572 -1794
HARRIS CO FLOOD CNTRL
Property Address:
315 W MAIN ST
7,813
042
PORT OF HOUSTON AUTHY
Not Certified
0.020540
LA PORTE TX 77571
043
State Class Code
Land Use Code
Building
Total
Land
Building
Net
Neighborhood
Map
Key
SAN JACINTO COM COL D
Not Certified
Class
Units
Area
Area
Rentable
0.710000
Facet
Map@
Area
C2 -- Real,
4300 -- General
E
0
6,250
0
0
9700
6254C
540X
Vacant
Commercial Vacant
SF
Commercial
Value Status Information
Capped Account
I
Value Status
Notice Date
Shared CAD
1
No
Noticed
04/21/2011
No
Exemptions and Jurisdictions
Exemption Type
Districts
Jurisdictions
ARB Status
2010 Rate
2011 Rate
None
020
LA PORTE ISD
Not Certified
1.325000
Land
040
HARRIS COUNTY
Not Certified
0.388050
Code
041
HARRIS CO FLOOD CNTRL
Not Certified
0.029230
7,813
042
PORT OF HOUSTON AUTHY
Not Certified
0.020540
043
HARRIS CO HOSP DIST
Not Certified
0.192160
16,2501
044
HARRIS CO EDUC DEPT
Not Certified
0.006581
11-0011.501
047
SAN JACINTO COM COL D
Not Certified
0.176277
071
CITY OF LAPORTE
Not Certified
0.710000
Valuations
Value as of January 1, 2010
Value as of January 1, 2011
Description
Market
Appraised
Units
Market
Appraised
Land
7,813
Total
Land
9,375
Value
Improvement
0
Code
Improvement
0
Factor
Total
7,813
7,813
Total
9,375
9,375
Market Value Land
Line
Description
Site I
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
4300 -- General Commercial Vacant
SF3
I SF
16,2501
1.00
1 1.00
1 1.00
1 --
11-0011.501
1.50
19,37
Vacant (No Building Data)
http : / /Www.hcad.orglrccordslprint. asp? Ctypt= ofo94% 9AoloBO %94 %BFgodo84 %8F %82 %7B... 5/12/2011
2011-27447 •
LA PORTE INDEPENDENT SCHOOL CAUSE NO.
DISTRICT
VS. rAk DISTRICT COURT OF
THE LA PORTE MAINSTREET HARRIS COUNTY, TEXAS
ASSOCIATION.
CITATION IN DELINQUENT TAX SUIT
THE STATE OF TEXAS
TO: THE LA PORTE MAINSTREET ASSOCIATION. BY S1:VI G S REG143ilkd
_ L 1�r
0
AGENT: IMOGENE H. PULLEINE Ddhvted*b 0 C k y c r�
116 SYLVAN AVE P.O. BOX 755 EffLBAUZXC0NM 3LE
LA PORTE, TX 77571
By
YOU HAVE BEEN SUED. YOU MAY EMPLOY AN ATTORNEY. IF YOU
OR YOUR ATTORNEY DO NOT FILE A WRITTEN ANSWER WITH THE CLERK
WHO ISSUED THIS CITATION BY 10:00 A.M. ON THE MONDAY NEXT
FOLLOWING THE EXPIRATION OF 20 DAYS AFTER YOU WERE SERVED THIS
CITATION AND PETITION, A DEFAULT JUDGMENT MAY BE TAKEN AGAINST
YOU.
GREETINGS:
YOU ARE HEREBY COMMANDED to appear before tbe,#
COURT OF HARRIS COUNTY, TEXAS at the Courthouse at Houston, Texas, by filing
a written answer with the said Court at or before 10 o'clock A.M. on the Monday next
after the expiration of Twenty (20) days from the date of service of this citation, then and
there to answer the petition of the Plaintiffs
KVIVII
CITY OF LA PORTE
as set out in the copy of said petition filed on the _:5 day of 2011 against
THE LA PORTE MAINSTREET ASSOCIATION.
ROMA JOYCE SMITH BROOKS, AKA ROMA JOYCE SLY
SAN JACINTO COMMUNITY COLLEGE DISTRICT
Defendant(s), said suit being numbered above on the docket of said Court, the nature of
which demand is a suit to collect ad valorem taxes on property, to wit:
00*0S -XVj.
ineH - r
I Rle
D & 0 Tt-Tkt
case is on flie In his office. The party and
the pleading named are a true and correct
reflection o f th records on file in his office
under the above captioned cause Flurnber-
... !1=03 =j 0 j3j 10)0, wxojL - saaujaS xeL juauiXojdtu3Ufj spolsslanUO3 0310JAJOA SRX
z J z 328d
The property is specifically described as follows:
Property Code: 0231760000029
TRACT #1: LOTS 29 AND 30, IN BLOCK 39, OF TOWN OF LA PORTE, A
C T
U'. XI 41 -
Said suit cannot be dismissed until the court costs as well as the claim of plaintiffs and
any intervenor have been paid in full.
The amount of taxes due each plaintiff, exclusive of interest, penalties and costs, is as
follows:
Plaintiff
Base Tax
pen & Int
TOW
LA PORTE INDEPENDENT SCHOOL DISTRICT
$426.52
3313.5
$740.09
CITY OF LA PORTS
321636
$156,23
$372.59
total Due For April, 2011
$1,112.68
The name of all taxing units which assess and collect taxes on said property not
made a party to said suit are:
SAN JACINTO COMMUNITY COLLEGE DISTRICT
HARRIS COUNTY
HARRIS COUNTY DEPARTMENT OF EDUCATION
PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY
HARRIS COUNTY FLOOD CONTROL DISTRICT
HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY)
Plaintiffs and all other taxing units who may set up their tax claims herein seek
recovery of delinquent ad valorem taxes on the property bereinabove described, and in
addition to the taxes, all interest, penalties, and costs allowed by law thereon, up to and
including the day of sale herein.
All parties to this suit, including Plaintiffs, Defendants, and Intervenor, shall take
notice that claims not only for taxes which were delinquent on said property at the time
this suit was filed, but all taxes which become delinquent thereon at any time thereafter,
up to the day of judgment, including all interest, penalties and costs allowed by law
thereon, may, upon request therefore, be recovered herein without further citation or
notice to any parties herein, and all said parties shall take notice of and plead and answer
to all claims and pleadings which may hereafter be filed in this cause by all other parties
hereto and by all of those taxing units above named, who may intervene herein and set up
their respective tax claims against said property-
If this citation is not served within 90 days after its issuance, it shall be returned
unserved.
The officer executing this citation shall promptly serve the same according to the
requirements of law and mandates thereof and make due return as the law directs.
Issued but not prepared by District Clerk's Office and given under my hand &
seal of office of said court of Houston, HARRIS COUNTY, TEXAS on this the
day of %
— .v�.-
CHRIS DANIEL, DISTRICT CLERK
P. O. BOX 4651
HOUSTON, TX 77210-4651
BY DEPUTY
Respectfully submitted,
PLAR41UF'S/INTERVENORS'ATTORNEY:
PERDUE, BRANDON, FIELDER, COLLINS,
& MOTT, L.L.P.
1235 North Loop West
Suite 600
Houston, TX 77008
(713) 862-1860 FAX:(713) 862-1429
Acct#: 351
File#: 111150
.in., and executed in County, Texas, by delivering to each of the
within named Defendants, in person a true copy of this citation at the following time and
places, to-wit:
NAIL: THE LA PORTE MAINSTREET ASSOCIATION. BY SERVING ITS
REGISTERED AGENT: IMOGENE H. PULLEINE
PLACE OF SERVICE:
And not executed as to the Defendant, the diligence used in finding said Defendant being
and information received as the whereabouts of the said Defendant being
I actually and necessarily traveled miles in the service of this citation in addition
to any other process in the same case during the same trip,
FEES: SERVING $
6 am, •1 a •
MILEAGE $
COUNTY, TEXAS
TOTAL $
DEPUTY
Council Agenda Item
July 11, 2011
8. PUBLIC HEARING AND ASSOCIATED ORDINANCE
(a) Public Hearing to receive comments regarding revisions and
amendments to the current La Porte Water Conservation and
Drought Contingency Plan (this item was tabled at the
meeting of City Council held on June 27, 2011) — D. Mick
Ordinance — Consider approval or other action regarding an
ordinance amending the City of La Porte Water Conservation
and Drought Contingency Plan — D. Mick
******************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste .Tune 27, 2011
Requested By: David Mick
Department: Public Works
Report: Resolution: Ordinance: XX
Exhibits: Existing City of La Porte Plan
Exhibits: Marked up copy of the plan
Appropriation
Source of Funds: N/A
Account Numbe N/A
Amount Budgeted /A
Amount Requeste
Budgeted item: N/A
Exhibits: proposed Ordnance , Texas Adm*n;-tr Code Title 30, Section 288.20
SUMMARY & RECOMMENDATION
At City Council's June 27, 2011 meeting, staff recommended three revisions to the existing City of
La Porte Water Conservation and Drought Contingency Plan. One of the proposed revisions was the
addition of a penalty to coincide with the mandatory water reduction measures that are mandated by
the Stage 2 component of the plan. The other two revisions were housekeeping items designed to
clarify the Stage 2 lawn watering schedule and to Update the public information plan component to
include the various networking and social media outlets that are now available to the city. This
agenda item was tabled Until the July 11 meeting.
Staff will reintroduce the recommended changes — modified in a couple of instances to incorporate
comments that had come from Council during the June 27 meeting - and provide additional
background information. If City Council would like to consider other revisions to the existing plan,
staff will investigate those items, run them through the Texas Commission of Environmental Quality
(TCEQ) if necessary and present those changes to Council at a future meeting.
Background to the Drought Contingency Plan:
A drought contingency plan was required by the State of Texas with Senate Bill 1 enacted in 1997.
The initial City of La Porte plan predated Senate Bill 1 and was adopted in April, 1987. The drought
contingency portion of the plan was last revised in October, 2007 with the incorporation of changes
required by the state. Council also reauthorized the plan in April 2009.
The City of La Porte, Morgan's Point, and Shoreacres each have separate drought contingency plans.
The La Porte Area Water Authority (LPAWA), which provides surface water for these same three
cities, also has its own plan. The LPAWA Board approves the LPAWA plan, which is then approved
by the La Porte City Council. (Note that the La Porte City Council, with La Porte being the largest
of the three member cities, must also approve contracts entered into by the LPAWA Board.) From a
practical standpoint, the basic structure of the LPAWA plan and the City of La Porte plan must be
consistent, but there is room for variations in the respective plan for each LPAWA - member city.
What is the purpose of the drought contingency plan? Primarily it is a document that ensures public
safety and integrity of the water distribution system. A byproduct of excessive water demand is low
water pressure. Without sufficient water pressure, the system's ability to provide adequate fire flow
and to maintain safe drinking water quality is compromised. The status of the city water distribution
system at various line pressures can be approximately described as follows (depending on location):
Water System Response to Low Pressure
56 psi Water Tanks Full
52 psi Water Tanks at 75%
49 psi Water Tanks at 50%
46 psi Water Tanks at 25% - Start of concern for firefighting capabilities
43 psi Water Tanks at 0% - Firefighting capabilities are greatly diminished
35 psi Minimum TCEQ Design Pressure Requirement
20 psi or less If any part of the water system is dewatered, notify TCEQ. Issue boil advisory for
any affected area. If no dewatering occurred, flush and take water samples.
There were brief periods (lasting several hours) leading Lip to La Porte's recent activation of Stage 1
voluntary reduction alert that the water pressure was approximately 45 psi (perhaps as low as 40 psi
in some areas).
At 20 psi or less, there is some potential for backflow into the water distribution system. Undetected
leaks and water from any plumbing connection that is open to the system can siphon back into the
system. If a system were to run out of water due to a significant power outage or where demand
exceeds the system capacity, the City would be looking at a city -wide boil advisory, taking water
samples at strategic locations city -wide, and perhaps also flushing the entire system. Maintaining the
system pressure above 20 psi is critical.
When the water consumption demand in the system rises sufficiently enough to cause concern, it is
important that a city official have the ability to act quickly to increase the system output (if possible)
or attempt to reduce the demand. The current drought contingency plan, adopted by City Ordinance,
gives the Public Works Director the authority to implement the provisions of the plan as necessary.
Drought Contingency Plan Provisions:
The current drought contingency plan for the City of La Porte is attached. There are four alert levels
ranging from Stage 1 "Mild Conditions" to Stage 4 "Critical Conditions ". Stage 1 outlines voluntary
water reduction measures for water customers; Stages 2 — 4 contain mandatory measures. Stages 3
and 4 have penalties associated with already them in the form surcharges to the User for non-
compliance. Stage 2, though "mandatory" compliance is included in this stage, does not include an
associated penalty. Title 30, Part 1, Section 288.20(a)(1)(J) of the Texas Administrative Code reads:
(J) The drought contingency plan must include procedures for the enforcement of mandatory water
use restrictions, including specification of penalties (e.g., fines, water rate surcharges,
discontinuation of service) for violations of such restrictions.
The administrative code requires that a penalty will be provided with mandatory conditions. Staff is
recommending a 50% surcharge to appear in the customer's water bill for each occurrence. This
surcharge would apply only to the water -use component of the water bill and would amount to
approximately $12 - $20 for a typical household. Attached is a summary of penalties assessed for
their various plan stages by neighboring communities. If enacted the proposed 50% penalty would
have the lowest cost associated with it in comparison to these other communities.
Council also voiced concerns with the current Stage 3 and Stage 4 prohibitions and the associated
penalties and /or whether or not the provisions were enforceable. Staff did add a revision to the Stage
3 plan component that would include a carryover of the recommended Stage 2 penalty into Stage 3
along with the Stage 2 prohibitions. An overhaul of these sections would take some time and
coordination efforts with the state and the other LPAWA communities may want to consider their
plans as well. Staff's request is that Council consider these proposed changes that were introduced in
the June 27, 2011 meeting and to relay any items that Council desires to revisit at a future meeting.
Action Required by Council:
Conduct public hearing.
Consider approval of new ordinance amending the City's Water Conservation and Drought
Contingency Plan.
Approved for City Council Agenda
Ron Bottoms, City Manager
Date
ORDINANCE 2009
AN ORDINANCE APPROVING AND ADOPTING A WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF LA PORTE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The City Council hereby approves and adopts a Water Conservation and
Drought Contingency Plan for the City of La Poile, in substantially the form as shown in
the document which is attached hereto as Exhibit A and incorporated herein by reference.
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
Authority was posted at a place convenient to the public at the City Hall of the City of La
Porte for the time required by law proceeding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that the 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
Authority 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,
PASSED AND APPROVED, this the 27th day of April, 2009.
CITY OF LA PORTE, TEXAS
B �
Y• 0 -� .
Mayor
ATTEST:
Secretary(
APPROVED:
L � dA : 1- -
Ci y Attorney
Drought Contingency Plan- La Porte 2007.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 temporary 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
6.302
Z879
Morgan's Point
OJ 555
0.094
Shoreacres
—0,3 -4,3
01.429
TOTAL
7.201
9.000
2001 Capacity Figures
Page 1 of 5
Drought Contingency Plan- La Porte 2007-doe
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 peak purposes,
groundwater production will be utilized for peaking purposes whenever possible.
Temporary reductions or disruptions in surface water supply can be offset by increased
groundwater withdrawals. Careful monitoring and management of groundwater withdrawal
is necessary 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 withdrawaI).
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 (3, 6dd, 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
Drought Contingency Plan- La Porte 2007.doc
b. Production at the Southeast Water Purification Plant reduced to a point such that
the aggregate surfaee water demand of the Authority is 100% of the reduced
pumping capacity.
4. Critical Conditions
a. Surface water demand exceeds 8,666, 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
a. Inform the public through the news media that a trigger condition has been
reached, and that they should look for ways to voluntarily reduce water use.
Specific steps which can be taken will be provided through the news media.
b. Notify major conuuercial water users of the situation and request voluntary water
use reductions.
c. Publicize a voluntary lawn watering schedule.
d. During winter months, request water users to insulate pipes rather than running
wafter to prevent freezing.
2. Moderate Conditions
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 mandatory lawn watering schedule shall be implemented:
Customers with even numbered street addresses may water on odd numbered
days of the month. Customers with odd numbered street addresses may water on
even numbered days of the week. Watering shall only occur between the hours
of 6 -10 a.m. and 8 -10 p.in.
d. The following public water uses, not essential for public health or safety, are
prohibited:
Page 3 of 5
Drought Contingency Plan- La Porte 2007.doc
1. street washing
2. water hydrant flushing
3. filling pools
4. athletic field watering
e. Nlofffic.•crdon shall htr rriadc fca t}rr ive Director, within .5 bnsines�s days of the
impienlentation of ony in, wd atot -i, provisions c�'the I ivughl Contingency Plan.
3. Severe Conditions
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:
518" 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
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 niay request a variance from water curtailment by appealing to
the City Manager. The City Manager's decision will be final.
5. �%e�:ific _7tzx` c r "s' � � t;'i tcsr C'�., . Reduction
cr. jl -lild (. ow ition Goal— 7'0 , , hhn;e a voht.ntaiy 10per rent reduc:tion ill daily
h. J11oderate Cprtclition 13oai - To achieve ra 15 percent reduction in daily water wve.
C, 8eve'r e Condition Goal - 7o achieve a 25 der Bent rednetion in daily water use,
d. Critical ( "ondition Goal _. 7i> Lachlem a 30 percent reduction in daily ivater• use.
Page 4 of 5
Drought Contingency Plan- La Porte 2007.doe
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 articles in the Bayshore Sun, supplemented by pamphlets distributed at the same
time.
When trigger conditions appear to be approaching, the public will be notified through
publication of articles in the Bayshore Sun, with information on water conserving methods.
When trigger conditions have passed, the Bayshore Sun will publish notification that drought
contingency measures are abated for that condition, and if applicable, will outline measures
necessary for the reduced condition.
Throughout the period of a trigger condition, regular articles will appear 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 LaPorte.
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 states of the water supply and distribution system. When a trigger
condition is reached, the Public Works Director will notify 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 notify 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 city's usage in relation to the aggregate usage, and any anticipated
increase in production at the Southeast Water Purification Plant.
Page 5 of 5
attacheinent2inark up Drought Contingency Plan.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*.
' 2001 Capacity Figures
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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
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*.
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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,
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 �
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 tta��
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 g41 ye
numbered days of the month. Customers with odd numbered street addresses
Page 3 of 6
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may water on add 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:
1. street washing
2. water hydrant flushing
3. filling pools
4. athletic field watering
e.
fNotification shall be made to the Executive Director O ft,Te c , c c a
rthin 5 business days of the implementation of any
mandator provisions of the Drought Contingency Plan.
3. Severe Conditionst)
e implementation of all relevant actions in
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:
518" 3f * 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 1 Critical Conditions (.
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
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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. Specific Tar,gets 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 15 percent reduction in daily water use.
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 Nvill 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
Page 5 of 6
Throughout the period of a trigger condition, regular z c, pl?s"at will appear p the
y araq qda ptl to explain and educate the public on the purpose, cause, and methods of
conservation for that condition.
attacheinent2inark up Drought Contingency Plan.doc
Works Director will notifi- the public of such, and the Drought Condition Abatement
procedures will be implemented.
G. UPDATE OF TRIGGER CONDITIONS
Once a Near, 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 city s usage in relation to the aggregate usage, and any anticipated
increase in production at the Southeast Water Purification Plant.
Page 6 of 6
Drought Contingency Plan Enforcement Comparisons
La Porte
Pasadena
Friendswood
Pearland
Webster
Seabrook
League City
Stage 1
voluntary
voluntary
voluntary
voluntary
voluntary
voluntary
voluntary
None Current y,
warning f irst
Propose 50 % user
offense/ $500
$50 First offense /
Stage 2
surcharge
$75 to $2000
$1 to 200 per day
thereafter
$ 200 therea
$25 to $100 per day
$500 per day
warning f irst
200% - 300% user
offense/ $500
$50 First offense/
Stage 3
surcharge
$75 to $2000
$1 to 200 per day
thereafter
$200 thereafter
$25 to $100 per day
$500 per day
warning first
200% - 300% user
offense/ $500
$50 First offense /
Stage 4
surcharge
$75 to $2000
$1 to 200 per day
thereafter
$200 thereafter
$25 to $100 per day
$500 per day
.tune 30, 2011
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 approved April 27, 2009 by City Ordinance 2009 -3136,
and
WHEREAS, Council desires to amend the current plan as shown on the attached
Exhibit A, 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 July 11,
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.
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.
1
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby
Mayor
ATTEST:
Patrice Fogarty
City Secretary
Clark Askins
Assistant City Attorney
Texas Administrative Code
TITLE 30 ENVIRONMENTAL QUALITY
PART I TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND
REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE §288.20 Drought Contingency Plans for Municipal Uses by
Public Water Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable, must include
the following minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following
minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public
and affirmatively provide opportunity for public input. Such acts may include, but are
not limited to, having a public meeting at a time and location convenient to the public
and providing written notice to the public concerning the proposed plan and meeting.
(B) Provisions shall be made for a program of continuing public education and
information regarding the drought contingency plan.
(C) The drought contingency plan must document coordination with the regional
water planning groups for the service area of the retail public water supplier to ensure
consistency with the appropriate approved regional water plans.
(D) The drought contingency plan must include a description of the information to
be monitored by the water supplier, and specific criteria for the initiation and
termination of drought response stages, accompanied by an explanation of the
rationale or basis for such triggering criteria.
(E) The drought contingency plan must include drought or emergency response
stages providing for the implementation of measures in response to at least the
following situations:
(i) reduction in available water supply up to a repeat of the drought of record;
(ii) water production or distribution system limitations;
(iii) supply source contamination; or
(iv) system outage due to the failure or damage of major water system
components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for
water use reductions to be achieved during periods of water shortage and drought.
The entity preparing the plan shall establish the targets. The goals established by the
entity under this subparagraph are not enforceable.
(G) The drought contingency plan must include the specific water supply or water
demand management measures to be implemented during each stage of the plan
including, but not limited to, the following:
(i) curtailment of non - essential water uses; and
(ii) utilization of alternative water sources and /or alternative delivery mechanisms
with the prior approval of the executive director as appropriate (e.g., interconnection
with another water system, temporary use of a non - municipal water supply, use of
reclaimed water for non - potable purposes, etc.).
(H) The drought contingency plan must include the procedures to be followed for
the initiation or termination of each drought response stage, including procedures for
notification of the public.
(I) The drought contingency plan must include procedures for granting variances to
the plan.
(J) The drought contingency plan must include procedures for the enforcement of
mandatory water use restrictions, including specification of penalties (e.g., fines,
water rate surcharges, discontinuation of service) for violations of such restrictions.
(2) Privately -owned water utilities. Privately -owned water utilities shall prepare a drought
contingency plan in accordance with this section and incorporate such plan into their tariff.
(3) Wholesale water customers. Any water supplier that receives all or a portion of its water
supply from another water supplier shall consult with that supplier and shall include in the
drought contingency plan appropriate provisions for responding to reductions in that water
supply.
(b) A wholesale or retail water supplier shall notify the executive director within five business
days of the implementation of any mandatory provisions of the drought contingency plan.
(c) The retail public water supplier shall review and update, as appropriate, the drought
contingency plan, at least every five years, based on new or updated information, such as the
adoption or revision of the regional water plan.
Source Note: The provisions of this §288.20 adopted to be effective February 21, 1999, 24
TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective
October 7, 2004, 29 TexReg 9384
Council Agenda Item
July 11, 2011
9. REPORTS
Receive Report from Drainage and Flooding Committee — M. Mosteit
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Council Agenda Item
July 11, 2011
10. ADMINISTRATIVE REPORTS- R. Bottoms
July 12, 2011 — Re- Districting Committee Meeting — 6:00 p.m.
July 25, 2011 — Fiscal Affairs Committee Meeting — 5:00 p.m.
July 25, 2011 — City Council Meeting — 6:00 p.m.
August 8 -12, 2011 City Council Budget Workshop Meetings
August 22, 2011 — City Council Meeting
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Council Agenda Item
July 11, 2011
11. COUNCIL COMMENTS REGARDING MATTERS APPEARING ON
AGENDA; RECOGNITION OF COMMUNITY MEMBERS, CITY
EMPLOYEES, AND UPCOMING EVENTS; INQUIRY OF STAFF
REGARDING SPECIFIC FACTUAL INFORMATION FOR EXISTING
POLICIES — Councilmembers Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen, Martin and Mayor Rigby
*************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Council Agenda Item
July 11, 2011
12. EXECUTIVE SESSION
The City Council will now go into executive session pursuant to the
provisions of the Texas Open Meetings Act, Chapter 551 of the
Texas Government Code, in accordance with the authority contained
in:
13. RECONVENE: into regular session and consider action, if any, on
items discussed in executive session.
14. ADJOURN
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