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08-22-11 Regular Meeting of La Porte City Council
LOUIS 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 August 22, 2011, beginning 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 Father Gary Rickles — Saint Mary's Catholic Church 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Daryl Leonard 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation — "Airport Appreciation Month" — Mayor Rigby (b) Proclamation — "Ann Malone Day" — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of regular meeting of La Porte City Council held on July 25, 2011; minutes of regular meeting and Budget Workshop held on August 8, 2011; minutes of regular meeting and Budget Workshop held on August 9, 2011; and minutes of regular meeting and Budget Workshop held on August 10, 2011 — P. Fogarty (b) Consider approval or other action to award bid #11021 and authorize the City Manager to execute a contract for the installation of a water line along Bay Area Boulevard from Spencer Highway to Fairmont Parkway — D. Mick (c) Consider approval or other action to award bid #11026 for the installation of switches to supply emergency power at the booster station, three water wells and five lift stations, and installation of gas generators at three lift stations — D. Mick (d) Consider approval or other action to award bid #11024 for installation of a pedestrian bridge and concrete connector trails connecting Pecan Park to the Brookglen and Pecan Crossing subdivisions — S. Barr (e) Consider approval or other action regarding an agreement between the City of La Porte and the La Porte - Bayshore Chamber of Commerce — R. Bottoms (f) Consider approval or other action regarding an ordinance authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Harris County for circular bus service through August 30, 2012 — R. Bottoms (g) Consider approval or other action regarding an ordinance amending the City's Junked Motor Vehicle regulations — D. Wilmore (h) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with DTMT Two, LLC — T. Tietjens (i) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with North Bayport Industrial Park, II, Ltd. — T. Tietjens 7. AUTHORIZATIONS (a) Consider approval or other action authorizing the City Manager to accept a Change Order to the contract with Paskey, Inc., for de- silting ditches — J. Garza (b) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement between the City of Morgan's Point and the City of La Porte regarding water and drainage projects along East Main Street — J. Garza (c) Consider approval or other action authorizing an expenditure by the La Porte Economic Development Board in connection with award of contract for directional signage — S. Osborne 8. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2011, as approved by adoption of Resolution No. 2011 -1 by the Board of Directors on July 28, 2011 — D. Ladd (b) Consider acceptance or other action of the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year beginning October 1, 2011 — D. Ladd 9. ORDINANCES (a) Consider approval or other action regarding an ordinance amending the 2009 Uniform Plumbing Code — D. Wilmore 10. RESOLUTIONS (a) Consider approval or other action regarding a resolution authorizing and setting public hearing dates required for possible annexation of 28.65 acres fronting State Highway 225 in the Battleground Industrial District and receive proposed Service Plan — T. Tietjens 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed new fee schedules for fire protection in the Industrial District Agreement (IDA) and extraterritorial jurisdiction (ETJ) response areas and provide staff with direction — D. Ladd (b) Discussion or other action regarding dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion and provide staff with direction — M. Dolby (c) Discussion of the Concrete Street Study from Cobb, Fendley & Associates — J. Garza (d) Discussion or other action regarding report from Pate Engineering on Main Street traffic study and provide staff with direction — T. Tietjens (e) Discussion or other action regarding the expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year and provide staff with direction — S. Barr 12. COMMITTEE REPORTS (a) Receive Report from the Fiscal Affairs Committee — Councilmember Engelken (b) Receive Report from Drainage and Flooding Committee — Councilmember Mosteit 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza (b) Receive Update and provide staff with direction relating to non - homesteaded blue tarp properties — D. Wilmore 14. ADMINISTRATIVE REPORTS August 23, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. August 25, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m. August 30, 2011 — Building Codes Appeal Board Meeting — 6:00 p.m. 15. 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 Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby 16. 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, as follows: Texas Government Code, Section 551.072 — Deliberation about Real Property — Discuss and receive update from Main Properties on 908/912 W. Main and the Old PD /Municipal Court Building. 17. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 18. 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 August 22, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 16, 2011. art � r Patrice Fogarty, City ecretary 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. Signature of person removing from bulletin board Council Agenda Item August 22, 2011 1. CALL TO ORDER — Mayor Rigby 2. INVOCATION — The Invocation will be given by Father Gary Rickles — Saint Mary's Catholic Church 3. PLEDGE OF ALLEGIANCE — Councilmember Daryl Leonard 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation — "Airport Appreciation Month" — Mayor Rigby (b) Proclamation — "Ann Malone Day" — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes person) ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** office vftfiefflapor P rvcCamatrvn Whereas, Aviation has contrihuted so much to our lives and is responsible in so many ways for the American Dream, success and security ofourNation; and Whereas, encoura American Youth to learn to appreciate the Great Aviation achievements of the past and visualize the endless possihilities of the future; and Whereas, the City of La Porte is favored and endowed with an Airport of sisnifcant past and a hrVAant future and can become a Golden Gateway to our Cityand a priceless asset to the community and to the State of Texas; and Whereas, the Airport provides aviation facilities for private and commercial use to the La Porte area citizens, local businesses and surrounding communities. Now, Therefore, I, Louis R. Rigby, Mayor of the City ofLa Porte, do herehyproclaim the month ofSepten2ber, 2011 as "A/RPORTAPPREC /AT /ON MONTH" In Witness Whereof Ihave set myhand and caused the Seal of the City to he affixed hereto, this the 22d day ofAugust2011. CITY OF LA PORTE Louis R. Rigby, Mayor p Whereas, since its incorporation in 1892, the Cty of La Porte has had a nch history, Med with importanthistoncal events and characters ofall types; and; Whereas, in the past 119 years, the City and its surroundirrgne, ofMorgan's Point, Shoreacres, and Lomax was home to distinguished Texans like General Sidney Sherman, Governor Ross Sterling; Andrew,jackson Houston, andjames Morgan; and Whereas, through all the ups and downs, the City has remained steadfast in preserving its natural beauty, friendly nature, and commitment to educational excellence; and Whereas, Ann Malone's new book co- authored with Dan Becker, Images ofAmenca: Around La Porte, uses historical and archival photographs to trace the City's historyfrom its roots hack in 1892 to present day, as many of the places and families highlighted in the hook are still influencing the City today, and Whereas, as past president of the La Porte Bay Area Heritage Society and curator of the Depot Museum, Ann Malone has heen an active communitymemher and has dedicated much ofher time and efforts towards preserving La Porte's history. Therefore, I, Louis R. Rigby, Mayor ofthe City ofLa Porte, Texas do herehyproclaim August22, 2011, as "ANN ULOTH MALONE DA Y" In Witness Whereof Ihave setmyhand and caused the Seal ofthe City to he affixed hereto, Lb, the 22nd day ofA ugus t 2011. CITY OF LA PORTE Louis R. Rigby, Mayor Council Agenda Item August 22, 2011 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of regular meeting of La Porte City Council held on July 25, 2011; minutes of regular meeting and Budget Workshop held on August 8, 2011; minutes of regular meeting and Budget Workshop held on August 9 2011; and minutes of regular meeting and Budget Workshop held on August 10, 2011 — P. Fogarty (b) Consider approval or other action to award bid #11021 and authorize the City Manager to execute a contract for the installation of a water line along Bay Area Boulevard from Spencer Highway to Fairmont Parkway — D. Mick (c) Consider approval or other action to award bid #11026 for the installation of switches to supply emergency power at the booster station, three water wells, and five lift stations, and installation of gas generators at three lift stations — D. Mick (d) Consider approval or other action to award bid #11024 for installation of a pedestrian bridge and concrete connector trails connecting Pecan Park to the Brookglen and Pecan Crossing subdivisions — S. Barr (e) Consider approval or other action regarding an agreement between the City of La Porte and the La Porte - Bayshore Chamber of Commerce — R. Bottoms (f) Consider approval or other action regarding an ordinance authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Harris County for circular bus service through August 30, 2012 — R. Bottoms (g) Consider approval or other action regarding an ordinance amending the City's Junked Motor Vehicle regulations — D. Wilmore (h) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with DTMT Two, LLC — T. Tietjens (i) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with North Bayport Industrial Park, II, Ltd. — T. Tietjens **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LOUIS 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 DARYLLEONARD 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 JULY 25, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, July 25, 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: CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present. 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 Kaminski. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS — There were none. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Mr. Gideon Jones, 10403 Quiet Hill, La Porte, provided information on the La Porte Airplane and Auto Show, taking place on September 24, 2011, at the La Porte Airport. The rain date is October 1, 2011. He stated the focus is to acquire items for the troops, bring attention to the airport, and to educate youth. He asked for Council's support, citing he believes this event will be good for the community. 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 and /or separate action. (a) Consider approval or other action of minutes of the July 11, 2011, regular meeting of the City Council of the City of La Porte — P. Fogarty (b) Consider approval or other action regarding a recommended date of September 12, 2011, for the Public Hearing on the City of La Porte's FY 2011 -2012 Proposed Budget — M. Dolby (c) Consider approval or other action authorizing the payoff of delinquent taxes for Lots 12 and 13, Block 1129 and the transfer of Lots 12 and 13, Block 1129 to the Harris County Flood Control District in exchange for Lots 15 and 16, Block 1130 for a proposed easement for Lift Station #6 — D. Mick (d) Consider approval or other action authorizing expenditures to fund building improvements at Brookglen Recreation Center and irrigation system at the Lomax Park Arena — S. Barr Councilmember Leonard moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Martin seconded. MOTION PASSED. Page 1 of 4 July 25, 2011, City Council Meeting Minutes Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 7. AUTHORIZATIONS (a) Consider approval or other action regarding an ordinance authorizing the City Manager to enter into 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 (This item was tabled from the July 11, 2011, City Council Meeting.) Chief of Police Ken Adcox presented a summary. Assistant City Attorney Clark Askins read the caption of Ordinance AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE CITYOF MORGAN'S POINT, TEXAS TO PROVIDE EMERGENCT 911 DISPATCH AND JAIL SERVICES, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; MAKING VARIOUS FINDING AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve this ordinance. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action authorizing an Interlocal Agreement with the North Central Texas Council of Governments and a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte — T. Leach /D. Mick Public Works Director Dave Mick addressed Council on whether to enter into an interlocal agreement with the North Central Texas Council of Governments and a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte. Assistant City Attorney Askins stated it is legal to allow USP to use the City's logo in their campaign, and the contract stipulates how they can use the City's logo. He also stated there is an indemnity clause in the contract. Councilmember Engelken stated he contacted Jack Steele, Executive Director of HGAC, to determine his thoughts on partnering with USP and the NCTCOG. At the time of this Council meeting, he had not heard back from him. Councilmember Zemanek asked if there was an "out clause" in the agreement, and Assistant City Attorney Askins stated language would need to be added. Mayor Rigby and Councilmembers Mosteit and Leonard were concerned with their use of City's logo, and how it would appear to the citizens as an endorsement by the City. Page 2 of 4 July 25, 2011, City Council Meeting Minutes Councilmember Clausen stated that since this program was vetted by the National League of Cities and the NCTCOG, the program should be viewed in a different light than just a fly -by -night company. A representative from USP spoke regarding the program. Council Engelken moved to deny authorizing an Interlocal Agreement with the North Central Texas Council of Governments with a separate agreement with Utility Service Partners, Inc., for the purpose of allowing USP to utilize the City of La Porte logo in their campaign to promote a residential sewer and water service line warranty program to the residents of the City of La Porte. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Zemanek, Engelken, Moser, and Kaminski Nays: Councilmembers Mosteit, Clausen, and Martin (b) Discussion or other action regarding 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 (This item was tabled from the July 11, 2011, City Council Meeting.) Economic Development Coordinator Stacey Osborne presented this item. Councilmember Daryl Leonard signed a Conflict Affidavit regarding this item. Discussion ensued regarding the acceptance of property donations 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. Concerns were given regarding the cost to construct a parking lot vs. the number of parking spaces garnered after construction. Councilmember Moser moved to deny accepting the donation of this property. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None Abstention: Councilmember Leonard (c) Discussion or other action regarding the blue tarp report previously given at the July 11, 2011, Council Meeting — D. Wilmore Building Official Debbie Wilmore further discussed the Blue Tarp Report previously given at the council meeting on July 11, 2011. Council requested staff provide information regarding the list of homes not having a homestead exemption, and requested that staff contact owners of these homes to verify if they are, in fact, renting out the home. They also asked staff to inquire as to the owners' potential plans for replacing the blue tarps. Staff will provide updated information at the August 22 meeting. 9. RECEIVE REPORTS Receive report from the Fiscal Affairs Committee — Councilmember Engelken reported the Fiscal Affairs Committee met at 5 p.m. on July 25, and stated the Committee will conduct interviews on August 2 of five auditing firms who submitted regarding the RFQ for independent auditing services. Page 3 of 4 July 25, 2011, City Council Meeting Minutes 10. ADMINISTRATIVE REPORTS — R. Bottoms August 1, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. August 2, 2011 — Fiscal Affairs Committee — 3:00 p.m. August 4, 2011 — Drainage and Flooding Committee Meeting — 5:00 p.m. August 8 -12, 2011 — City Council Budget Workshop Meetings August 19 -20, 2011 — TM Region 14 Fall Meeting — Galveston, Texas August 22, 2011 — City Council Meeting 11. 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 Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Moser, Martin and Mayor Rigby. There were no council comments from Councilmembers Kaminski, Zemanek, Clausen, Leonard, Moser, and Engelken. Councilmember Mosteit stated the local barbershop moved; Councilmember Martin and Mayor Rigby thanked Mr. Jones for the information about the air show. 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. There was no executive session. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 14. ADJOURN There being no further business, Mayor Pro -Tem Engelken made a motion to adjourn the meeting at 7:04 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on August 8, 2011. Mayor Louis R. Rigby Page 4of4 July 25, 2011, City Council Meeting Minutes LOUIS 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 DARYLLEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING INCLUDING A BUDGET WORKSHOP ON PROPOSED 2011 -2012 FISCAL YEAR BUDGET OF THE CITY COUNCIL OF THE CITY OF LA PORTE AUGUST 8 -10, 2011 The City Council of the City of La Porte met in regular meetings on Monday, August 8, 2011, Tuesday, August 9, 2011, and Wednesday, August 10, 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: CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and City Attorney Knox Askins. 2. INVOCATION - The invocation was given by B. L. Worsham — Second Baptist Church of La Porte. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember John Zemanek. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Marylee Nolley, 2819 E. Street La Porte, TX, addressed City Council and suggested to cut the Fiscal Year 2011 -2012 Budget by 10 percent, and she is supportive of the animal shelter. 5. AUTHORIZATIONS (a) Consider approval or other action awarding bid for Independent Auditor Services — M. Dolby Finance Director Michael Dolby presented a summary. City Attorney Knox Askins read the caption of Ordinance 3368 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND NULL - LAIRSON, CERTIFIED PUBLIC ACCOUNTANTS, TO AUDIT THE CITY'S GENERAL - PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2011, SEPTEMBER 30, 2012, AND SEPTEMBER 30, 2013; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve Ordinance 3368, including an audit of the La Porte Development Corporation. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None Page 1 of 7 August 8 -10, 2011, City Council Meeting Minutes 6. DISCUSSION OR OTHER ACTION a) Discussion or other action regarding appointing members to the Fair Housing Activity Statement -Texas (FHAST) Work Group for the Hurricane Recovery Program — R. Bottoms Planning Director Tim Tietjens and Grant Administrator Bruce Spitzengel presented a summary. In addition to the city manager or his designee, and Tim Tietjens or his designee, Councilmember Zemanek appointed Russell Ybarra (Gringo's), Councilmember Clausen appointed Lloyd Graham (Superintendent of LPISD) and Councilmember Moser appointed Charlie Perry (La Porte citizen) to the Fair Housing Activity Statement -Texas (FHAST) Work Group for the Hurricane Recovery Program. Councilmember Engelken moved to approve the appointment of the five members to the Fair Housing Activity Statement -Texas (FHAST) Work Group for the Hurricane Recovery Program. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (b) Discussion or other action concerning the proposed 2011 -2012 Fiscal Year Budget of the City of La Porte, Texas — R. Bottoms • Discussion regarding the City of La Porte's Mission Statement — R. Bottoms Mayor Rigby proposed 9:00 p.m. as the time to recess each budget meeting until concluded. City Manager Ron Bottoms presented the City's proposed 2011 -2012 Fiscal Year Budget and the City of La Porte's Mission Statement. Finance Director Michael Dolby began the presentation by discussing revenues and an indepth budget discussion followed. Mr. Dolby suggested auditors Null - Lairson's engagement letters be held until after the Fiscal Affairs Committee meets. The proposed budget book was presented in order, with the City Manager reviewing each department. City Council recessed for a break at 8:13 p.m. and reconvened at 8:22 p.m. Council directed staff to remove video streaming of council meetings and the Channel 16 upgrade. Council had questions on Hotel /Motel accounts 3001 (Memberships/ Subscriptions), 6015 (Community Festivals), and $25,000.00 budgeted for the concert series. Councilmember Engelken requested staff to address the following items on Tuesday, August 9, 2011: what is estimated cost for a two percent pay increase for city staff; is there a financial benefit of moving all staff evaluations to be effective on one particular date; is it possible for a new animal shelter and the proposed Lomax Arena improvements be funded by the La Porte Development Corporation; can speed limits in residential neighborhoods be lowered from 30 miles an hour to 25 miles an hour? Page 2 of 7 August 8 -10, 2011, City Council Meeting Minutes Councilmember Engelken suggested staff review allocated funds of $862,000.00 in Other Professional Services (5007) as well as the $329,000.00 contingency. Councilmember Engelken also requested the risk and benefits of spreading residential solid waste increased rates over a two -year period versus one year. Councilmember Kaminski requested information discussed at the April 2011 Council Retreat. Councilmember Zemanek suggested funding for the Lomax Arena improvements be provided by the La Porte Development Corporation. If funded by the Development Corporation, the City's general fund may be sufficient to provide raises for city employees. The meeting recessed at 9:10 p.m. to reconvene on Tuesday, August 9, 2011, at 6:00 p.m. Tuesday, August 9, 2011 Mayor Rigby called the meeting to order at 6:00 p.m. on Tuesday, August 9, 2011. All members of Council were present. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms, and City Attorney Knox Askins. City Manager Ron Bottoms continued presenting the proposed 2011 -2012 Fiscal Year Budget, started with the Legal Department budget. There were no questions from City Council. The Municipal Court budget was presented with no questions from Council. The City Secretary budget was presented next. • Discussion or other action regarding S.B. 100 (Senate Bill 100) and Future Elections — P. Fogarty /R. Bottoms City Secretary Patrice Fogarty presented a summary regarding the impact of S.B. 100 on City Elections. There was discussion regarding the purchase of voting equipment for City Elections. Councilmember Engelken recommended continuing utilizing the eSlate voting equipment because La Porte citizens are familiar with this equipment. Councilmember Moser also recommended the eSlate equipment. It was reported that La Porte ISD and San Jacinto College have indicated they are willing to pay their fair share of costs to purchase this equipment. Staff was directed to meet with the other entities and advise on the purchase of the eSlate voting equipment. City Secretary Fogarty stated she would provide a more definite cost analysis for the eSlate equipment. City Manager Ron Bottoms discussed the La Porte Economic Development Corporation budget. Council recommended staff to change the contingency from $25,000.00 to $1,000.00. Council requested clarification on Advertising (6005) expenses for Fiscal Year 2011. Stacey Osborne will provide this information to Council. Council discussed housing development and advertisement for retail businesses in the city. Page 3 of 7 August 8 -10, 2011, City Council Meeting Minutes Councilmember Clausen reminded Council of the Buxton Study, and staff was directed to provide copies of the study to the new Councilmembers. The Tax Increment Reinvestment Zone (TIRZ) budget was presented with no questions from Council. City Manager Ron Bottoms discussed the Human Resources budget and provided information regarding costs for updated /new software. City Manager Ron Bottoms presented the Liability and Insurance Fund budgets. City Council recessed for a break at 7:45 p.m. and reconvened at 7:54 p.m. Councilmembers Zemanek and Kaminski returned at 7:57 p.m. City Manager Ron Bottoms presented the Information Technology (IT), City Council, and Finance budgets. Of note, the Finance Department budgeted $15,000.00 for the purchase of Laserfische software. Council discussed the Non Departmental budget contingency of $250,000.00 versus reducing it to $175,000.00. Council agreed to leave the contingency at $250,000.00. City Manager Ron Bottoms and City Council discussed employee merit increases as requested by Councilmember Engelken. Councilmember Zemanek recommended a one -time salary adjustment of $1,000.00 per employee and to fund the adjustment by having Lomax Arena Improvements paid by the La Porte Development Corporation. Councilmembers Engelken and Martin also supported a one -time salary adjustment of $1,000.00. City Manager Ron Bottoms confirmed an Animal Shelter could not be funded by the La Porte Development Corporation. Councilmember Zemanek questioned if Lomax Arena Improvements could be funded from Hotel /Motel funds. The meeting recessed at 9:12 p.m. and will reconvene on Wednesday, August 10, 2011, at 6:00 p.m. Wednesday, August 10, 2011 Mayor Rigby called the meeting to order at 6:02 p.m. on Wednesday, August 10, 2011. The following members of Council were present: Councilmembers Leonard, Zemanek, Moser, Clausen, Mosteit and Martin. Absent: Councilmember Engelken. Also present were Assistant City Secretary Sharon Harris and City Manager Ron Bottoms. Mayor Rigby began the meeting by directing the City Manager to address the conduct of City staff in the audience during Council meetings. City Manager Ron Bottom began by presenting the Public Works Departmental budget. Councilmember Moser inquired about the Crack Seal Program and the goals of the Street Department. Councilmember Moser was advised to forward a list of streets in District 4 that are in need of repair to City Manager Ron Bottoms. Page 4of7 August 8 -10, 2011, City Council Meeting Minutes Councilmember Moser confirmed the Wastewater Treatment Plant would be fully operable during emergency situations. Councilmember Leonard inquired on the purchase of parts for Vehicle Maintenance. Assistant Public Works Director Don Pennell informed Council that filters and hard parts were purchased through an annual contract and miscellaneous parts required three quotes. City Manager Ron Bottoms presented the Parks and Recreation Departmental and Planning Departmental budgets. Councilmember Martin recognized Parks and Recreation for their programs, facilities and equipment. Councilmember Zemanek requested clarification on the Inspection Services Division's Personnel Position Roster. City Manager Ron Bottoms presented the Capital Improvement Projects. AFIS Lite Latent Fingerprint Machine - Councilmember Zemanek inquired how many times in a calendar year were fingerprints done outside the city. Chief Adcox confirmed four to five times a month. Animal Shelter - Councilmember Martin inquired if the current Animal Shelter facility is in compliance with current State codes. Chief Adcox confirmed the current facility is not in compliance, but is grandfathered in. DOT (Department of Transportation) Inspection Site - Chief Adcox informed Council of the purpose of a secured inspection site. Golf Course Restroom — Councilmember Leonard inquired if the La Porte Development Corporation could fund the project. City Manager Ron Bottoms and Finance Director Michael Dolby will verify with Legal. Whelen Tower — Emergency Coordinator Jeff Suggs updated Council on the completion of the Whelen Tower project. City Wide Sidewalk Replacement Program — Councilmember Zemanek inquired if $50,000.00 would be enough to fund repairs with the current drought conditions and advised staff to come back to City Council if more funding was required. In -house Waterline Replacement — Councilmember Moser inquired about replacement of the lead lined pipe on Main Street. City Manager Ron Bottoms and Assistant Public Works Director Don Pennell reported the replacement is 70 percent complete and the water is safe for drinking and is tested on an annual basis. Sens Road Utility Relocation — Phase II — Mayor Rigby inquired if the widening of Sens Road had been placed on hold. City Manager Ron Bottoms reported the widening of Sens Road was on hold until possibly 2014. Councilmember Mosteit advised staff to ensure traffic studies are included to make sure citizens can enter Sens Road safely. Page 5 of 7 August 8 -10, 2011, City Council Meeting Minutes Shoreacres /La Porte Interconnect — Councilmember Moser inquired if the City of Shoreacres was providing assistance with this project. Public Works Director Dave Mick reported the City of Shoreacres was not providing assistance at the present time, and the item would be coming back to City Council for discussion. Street Maintenance — Councilmember Moser requested staff to survey Iowa St, 4 St. and D St. for severe base failure. City Council recessed for a break at 7:30 p.m. and reconvened at 7:40 p.m. Parking Lot Repair — Jennie Riley /Evelyn Kennedy — Mayor Rigby inquired on the status of Safety Town. Chief Adcox informed a report will be provided at a September Council meeting. Mayor Rigby advised staff not to repair parking lots if it is a possibility of it being torn out in the near future. Playground Beautification — Councilmember Leonard asked staff to consider alternative funding other than the General Fund for this project. Councilmember Martin advised staff he is in support of a park and equipment in Bay Oaks Subdivision. Dog Park — Councilmember Leonard again asked staff to consider alternative funding for this project. Councilmember Mosteit reminded staff of previous discussions of combining the Animal Shelter and Dog Park. Lomax Park Improvements — Councilmember Zemanek asked if clarification of funding had been confirmed. City Manager Ron Bottoms reported funds could be used from the Hotel /Motel fund but the actual amount had not yet been confirmed. Airport Trail — It was the consensus of Council to remove the project from the list. Trail Connectors — It was the consensus of Council to remove the project from the list. The Airport Trail and Trail Connector projects were removed from the Capital Improvement Projects List. Finance Director Michael Dolby presented the Debt Service Funds. City Manager Ron Bottoms presented the following re -cap for City Council. • Delete Video streaming and Channel 16 upgrade. • Delete Airport Trail and Trail Connectors. • Reduce contingency in La Porte Development Corporation Board from $25,000.00 to $1,000.00 — take recommendation back to Board. • Staff will evaluate using Hotel /Motel Funds regarding Lomax Park Improvements. • $1,000.00 stipend for City employees. The City Manager and Council discussed step increases for Civil Services employees. City Manager Ron Bottoms reported on reducing speed limits in residential neighborhoods as requested by Councilmember Engelken. Mr. Bottoms advised Council that the state law speed limits in residential neighborhoods is 30 miles an hour, and the Public Works Department had provided a cost estimate of $200,000.00 for signs in addition to a possible engineering study being required. Page 6 of 7 August 8 -10, 2011, City Council Meeting Minutes City Manager Ron Bottoms and Council discussed residential solid waste rates and spreading the increase over a two -year period. It was the consensus of Council to increase the rates to $1.50 at one time instead of spreading rates over a two -year period. 7. 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 Zemanek, Leonard, Engelken, Mosteit, Clausen, Moser, Martin Kaminski, and Mayor Rigby. Councilmember Zemanek thanked staff for their work on the budget, wished Councilmember Moser and Park and Recreation Director Stephen Barr a Happy Birthday, gave condolences to the Beasley family and wished Christy Johnson and her family well and a speedy recovery for Ms. Johnson. Councilmember Leonard thanked staff for their work on the budget and condolences to the Beasley family. Councilmember Mosteit sent condolences to the Beasley family, thanked staff for budget preparations, their patience with Council and thanked citizens for attending the meetings. Councilmember Clausen sent condolences to the Beasley family, thanked the City Manager and staff for the proposed budget. Councilmember Martin also thanked the City Manager and staff for the proposed budget. Councilmember Moser thanked staff and the Finance Department for the proposed budget. Councilmember Kaminski thanked staff for the proposed budget and sent condolences to the Beasley family. Mayor Rigby questioned if the Step Program had been finalized during the budget meetings for Police Officers. City Manager Ron Bottoms responded it had not but gathered from Council discussions to apply $47,000.00 toward the Step Grant. The Mayor requested staff to look at the physical fitness program and confirm if it truly assists the Health Fund that continues to increase, directed staff on the agenda requests for Capital Improvement Projects to include benefits of projects if approved, and liability if not approved, and the effects on the budget in the next two years. The Mayor expressed his concerns that the budget numbers presented are not always the same as in previous years and requested future budgets include an amended column in order for the budget numbers to reflect what had been approved by City Council. 8. EXECUTIVE SESSION There was no executive session during the three meeting nights. 9. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 10. ADJOURN There being no further business, the meeting was adjourned at 9:03 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on August 22, 2011. Mayor Louis R. Rigby Page 7 of 7 August 8 -10, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 8, 2011 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance Exhibits: Engineer's Recommendation Exhibits: Bid Tabulation Exhibits Bidders List & Site Plan Exhibits: Site Map Budget Source of Funds: Fund 044 Account Number: 044 -9892- 617 -1100 Amount Budgeted: S550,000 Amount Requested: S 320,076.90 Budgeted Item: YES X NO SUMMARY & RECOMMENDATION The Bay Area Boulevard Waterline Extension project will connect Spencer Highway and Fairmont Parkway to increase pressure, fire flow and improve reliability of the water system. Additionally, the project will provide water service to the currently undeveloped property along Bay Area Boulevard. Design of the Bay Area Boulevard Waterline Extension was approved by Council October 11, 2010. Advertised, sealed bids #11021— Bay Area Boulevard Waterline Extension were opened and read on July 26, 2011. Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website and mailed out to twenty seven (27) vendors with four (4) returning bids. Low bid was submitted by R. L. Utilities in the amount of $305,076.90. Staff recommends that the bid be awarded to R. L. Utilities and that a $15,000.00 contingency be authorized. Action Required by Council: Authorize the City Manager to execute a contract with R. L. Utilities in the amount of $305,076.90 for the installation of a water line along Bay Area Boulevard from Spencer High-,vay to Fairmont Parkway, and authorize an additional $15,000 for contingency. Approved for City Council Agenda Ron Bottoms City Manager Date LJA Engineering, Inc. 1 East Ffeevyay Phone 713-450,1300 sWle 400 Fax 713-4501385 Houston, tex&s 77029 oiww.lim. ogineering.com July 27, 2011 Honorable Mayor and City Council City of La Porte City Hall P.O. Box 11 La Porte, TX 77572-1115 RE: Bid Tabulation and Recommendation for Award for Construction of Waterline Bay Area Boulevard, Spencer Highway To Fairmont Parkway La Porte Bid No. 11021 LJA Project No. E170-0100 Honorable Mayor and Council, Bids for construction of the reference project were received at 2:00 P.M., Tuesday, July 26, 2011 at the Office of the Purchasing Manager, City Public Works, 2963 N. 23' Street, La Porte, Texas. Four (4) contracting firms submitted bids for the project. No errors were found in the bids. The bidders from low to high and the correct total amounts bid are as follows: Contractor Location Contract Amount R. L. Utilities, Inc. D. L. Elliott Enterprises, Inc. Mar-Con Services, LLC Metro City Construction, LP La Porte, TX $305,076.80 Sugar Land, TX $331,483.00 Deer Park, TX $349,886.80 Houston, TX $365,200.50 A copy of the Bid Tabulation is attached. \\Ehou-0001 -dcd\public2\Construction\Clients\1 70\01 00 WL Bay Area Blvd Spencer to Farimont\Construction File Folder Docs\Bidding Phase\RECAWD.doc City of La Porte July 27, 2011 Page No. 2 LJA Project No. E170 -0100 The bidding documents of the bidders were examined by the City and found to be in order. We recommend awarding a contract to the low bidder, R. L. Utilities, Inc. based on past work experience with the City of La Porte. The contract award to R. L. Utilities, Inc. shall be $305,076.90. If you have any questions or need additional information, please advise. Sincerely, Ronnie McKinney Construction Manager Attachment cc: Construction File 16.6 \\Ehou-0001 -dcd\public2\Construction\Clients\1 70\01 00 WL Bay Area Blvd Spencer to Farimont \Construction File Folder Docs \Bidding Phase \RECAWD.doc Bid Tabulation - Bid Opening, Tuesday, July 26, 2011 @ 2:00 P.M. Page 1 R. L. Utilities, Inc. D. L. Elliott Enterprises, Inc. Mar -Con Services, LLC Metro City Construciton, LP CITY OF LA PORTE P.O. Box 1154 13405 Southwest Frwy. #210 P.O. Box 837 5715 Luce WATERLINE BAY AREA BOULEVARD Spencer Hwy to Fairmont Parkway La Porte, Texas 77573 Sugar Land, Texas 77478 Deer Park, Texas 77536 Houston, Texas 77087 LJA PROJECT NO. E170 -0100 PH: 281.479.6567 PH: 281.277.4414 PH: 713.473.1800 PH: 713.943.0090 FRN F -1386 FAX: 281.476.9996 PH: 281.277.3698 FAX: 713.473.1811 FAX: 713.943.0092 (PVC, AWWA C -900, DR -18) (1/4" Wall Thickness 18" Klynn Lundemo, VP- Operations Darryl Elliott, President Marioi Ramos, Owner Robert N. Smither, Estimator 1 12 -Inch Waterline (PVC, AWWA C -900, DR -18) with 4,907 L. F. Ductile Iron Fittings, Open Cut, Joint Restraints (as necessary), All Depths, Complete in Place. 2 12 -Inch Waterline, Augered Construction (PVC, AWWA 55 L.F. C -900, DR -18) All Depths, Complete in Place. 3 12 -Inch Waterline, Augered & Encased Construction 200.00 L. F. (PVC, AWWA C -900, DR -18) (1/4" Wall Thickness 18" Steel Casing), All Depths, Complete in Place. 4 12" Gate Valve (AWWA) With Adjustable Box, Joint 10 EA. Restraint (As Necessary), Accessories, Concrete Collar, Complete in Place. 5 16" x 12" Tapping Sleeve and Valve (AWWA) Full body 1 EA. With Adjustable Box, Joint restraint (As Necessary), Accessories, Concrete Collar, Complete in Place. 6 12" x 12" Tapping sleeve and Valve (AWWA) Full Body 1 EA. With Adjustable Box, Joint Restraint (As Necessary), Accessories, Concrete Collar, Complete in Place. 7 Fire Hydrant Assembly, With Restrained Joints, 4 -Foot 11 EA. Bury, Concrete Collar, Complete in Place. 8 Extra Depth Bury For Fire Hydrant, Complete in Place. 10 V. F. 9 Trench Safety System, Complete in Place. 4,907 L. F. 10 Traffic Control, As Necessary Along Bay Area 1 L.S. Boulevard, Includes Acquiring Permits, installation, Maintenance & Removal of all Traffic Control Devices Required by permit and as Shown on Project Plans, Complete in Place. 11 Turf Establishment, Hydro0mulch Seeding, Complete in 2,850 S.Y. Place. 12 SWWPP, Curb Inlet Protection Barrier, Installed, 7 EA. Maintained, and Removed, Complete in Place. 13 SWWPP, Area Inlet Protection Barrier, Installed, 9 EA. Maintained, and Removed, Complete in Place. $38.851 $190,636.95 1 $43.00 1 $211,001.00 1 $44.40 1 $217,870.80 1 $48.50 1 $237,989.50 $60.001 $3,300.001 $61.001 $3,355.001 222.501 $12,237.501 74.001 $4,070.00 117.15 $23,430.00 $160.00 $32,000.00 $153.20 $30,640.00 $135.00 $27,000.00 $1,975.00 1 $19,750.00 1 $2,000.00 1 $20,000.00 1 $2,237.70 1 $22,377.00 1 $3,100.00 1 $31,000.00 ,300.00 300.00 1 $6,800.00 l .60 1 $7,600.00 1 $7,600.00 $5,600.00 1 $5,600.00 1 $6,500.00 1 $6,500.00 1 $6,329.60 1 $6,329.60 1 $7,400.00 1 $7,400.00 $3,700.00 $40,700.00 $3,100.00 $300.00 $3,000.00 $100.00 $0.35 $1,717.45 $1.00 $350.00 $350.00 $3,000.00 $0.65 $1,852.50 $1.00 $255.00 $1,785.00 $307 $145.00 $1,305.00 $40.00 $34,100.00 $3,689.20 $1,000.00 $86.30 $4,907.00 $0.30 $3.000.00 $3.680.00 2 ,850.00 $0.40 $210.00 $46.00 $360.00 $46.00 $40,581.20 $3,100.00 $863.00 $185.00 $1,472.10 $1.00 $3.680.00 $1.300.00 1,140.00 $0.50 $322.00 $35.00 $414.00 $46.00 $34,100.00 $1,850.00 $4,907.00 $1,300.00 1,425.00 $245.00 $414.00 TOTAL ITEMS 1 THROUGH 13 $298,726.90 $326,083.00 $344,486.80 $359,300.50 TOTAL SUPPLEMENTARY ITEMS 14 THROUGH 19 $6,350.00 $5,400.00 $5,400.00 $5,900.00 GRAND TOTAL ITEMS 1 THROUGH 19 $305,076.90 $331,483.00 $349,886.80 $365,200.50 BIDDERS LIST Sealed Bid #11021 - Waterline Bay Area Blvd Allco Inc. Mikels Construction PO Box 3684 9353 Friendly Rd Beaumont, TX 77704 Houston, TX 77093 Attn: Billy Patterson Attn: Bubba Mikels Ph: 409 - 860 -4459 Ph: 713- 691 -5192 Fax: 409 - 860 -3857 bubba _mikelsconstruction.com b�atterson(�allco.com R & L Utilities PM Construction PO Box 1154 131 N Richey La Porte, TX 77572 -1154 Pasadena, TX 77506 Attn: Russ Lundemo Attn: Brent Keller Ph: 281 - 479 -6567 Ph: 713- 921 -2905 Fax: 281 - 476 -9996 Fax: 713 - 928 -5128 r1undemo(a7rlutilities . com bkeller c(7.pmconst.com SER Construction Metro City 3636 Pasadena Blvd 5715 Luce Pasadena, TX 77503 Houston, TX 77087 Attn: Eric Garza Attn: Bob Smither Ph: 713 - 475 -1422 Ph: 713- 943 -0090 Fax: 713- 475 -2677 Fax: 713- 943 -0092 eric cgserconstruction. net bobgmcctx.com Mar -Con Services Reliance Construction PO Box 837 4302 Almeda Genoa Deer Park, TX 77536 Houston, TX 77048 Attn: Bob Bittler Attn: Shawn Sidhu Ph: 713 - 473 -1800 Ph: 713- 991 -6685 Fax: 713- 473 -1811 Fax: 713 - 991 -6900 bobamarconlic.com Deep South Construction, Inc PO Box 2103 Alvin, TX 77512-2103 Attn: B\88lit8 Ph: 281-331-9283 Fax: 281-331-9290 Cravens Partners, Ltd 11003VWndfern Suite C Houston, TX77OO4 Attn: Billie Wicks Ph: 713-300-1530 Fax: 713-300-1531 bVYiCkS(o)C[aVeASiOC.00Dl D.L. Elliott Enterprises 13405 Southwest Freeway, Suite 210 Sugarland, Texas 77478 Attn: Darryl Elliott Ph. 281 - 277 -4414 Fax: 281 - 277 -3698 renaepolelliott.com Kingsley Constructors 1544 Sawdust Rd #200 Woodlands, TX 77380 Attn: Brad Kingsley Ph: 281 - 363 -1979 Fax: 281 - 363 -1993 da kci.cc REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste August 22, 2011 Requested By: David Mick Department: Public Works Report: Resolution Ordinance: Exhibits: Bid Tab Exhibits: location Map Exhibits: Public Works Priority Power List Appropriation Source of Funds: CDBG 100% Account Numbe TBD Amount Budgeted . 731,140 CDRG Amount Requested: $612,469 Budgeted item: N/A SUMMARY & RECOMMENDATION On July 26, 2011, staff opened bids ( #11026) for the installation of generators and manual switches designed to facilitate emergency power supply to Water Well Nos. 4, 7, and 9; the Fairmont Booster Station, and Lift Station Nos. IA, 8, 13, 30, 31, 32, 37 and 40. The lowest and best bid was submitted by C.F. McDonald, Inc. from Houston, Texas. The C.F. McDonald bid of $592,469 is 9.7% below the low end of the cost estimate range of $656,000 to $760,000 provided by the design engineer and $138,671 less than the fill grant amount. This project is funded through the 2008 Texas Community Block Grant Development (CDBG) Disaster Recovery Supplemental Grant program. The City will be reimbursed for 100% of the contract amount by the Texas General Land Office. A list of facilities included in the Public Works Priority Power list is attached. Over three - quarters of the facilities on the list are sanitary lift stations. During a prolonged power outage, Public Works crews must monitor liquid levels in the lift stations, and when necessary, drop a portable pump into the lift station and bypass pump the sewage to the next downstream manually. This is a time consuming and labor- intensive process. An improvement to the bypass pumping approach is to rewire the lift station controls for a manual switch and quick connect connection with a mobile generator Unit, of which Public Works has two. The crews still monitor the liquid levels in the lift stations but have the ability to quickly connect a mobile generator to the lift station to pump down the liquid levels. For the largest lift stations, a gas generator permanently fixed to the station to allow for normal operation is the best alternative. The work associated with this contract includes proposed switches at the booster station, three water wells, and five lift stations. Gas generators are proposed at Lift Station Nos. 1A, 30, and 37. Future Considerations: There is an additional $138,671 in grant finding available to the City of La Porte through this grant find assuming a total expenditure in this C.F. McDonald contract equal to the bid amount. Staff is now starting the process to add manual switches at Lift Station Nos. 9, 14, 33, and 39 in a second phase. By the end of 2012, staff anticipates generators or manual switches at 23 of the top 25 public works priority facilities for emergency power. A generator for Baker Junior High was included in the initial project design but was finally determined by the state to be ineligible for grant finding because the facility is not proposed to be classified as a primary shelter for our citizens in the Emergency Management shelter plan. Action Required by Council: Consider awarding a contract to C.F. McDonald in the amount of $612,469, which includes a $20,000 contingency for the installation of switches to supply emergency power at the booster station, three water wells, and five lift stations and installation of gas generators at three lift stations. Approved for City Council Agenda Ron Bottoms, City Manager Date CITY OF LA PORTE UTILITIES 281 - 471 -9650 PUBLIC WORKS PRIORITY POWER WASTEWATER TREATMENT PLANT 1301 South 4th Street Ex. Gas Generator - -- LIFT STATION #1A 1131 South 1st Street Prop. N Gas Gen - -- LIFT STATION #30 10229 West Fairmont Parkway Prop. N Gas Gen - -- LIFT STATION #40 3215 Bayou Drive Prop. Switch - -- LIFT STATION #13 9830 North L. Street Prop. Switch LIFT STATION #14 10110 North L Street Next Phase Swtch - -- LIFT STATION #37 5803 Luella Blvd. Prop. N Gas Gen PUBLIC WORKS SERVICE CENTER 2963 North 23rd Street Ex. Gas Generator WATER WELL #5 125 South 25th Street Ex. Switch WATER WELL #3 430 R West Fairmont Parkway Ex. Diesel Gen MAIN TOWER CONTROL 114 South 4th Street Incl. Gen MFDept. WATER WELL #1 & #2 10330 Hillridge Road Ex. Diesel Gen - -- FAIRMONT BOOSTER STATION 10211 Hillridge Road Prop. Switch - -- WATER WELL # 7 8610 Bandrid a Road Prop. Switch - -- WATER WELL #9 3030 Humphreville Road Prop. Switch - -- WATER WELL # 4 105 North Broadway Prop. Switch - -- LIFT STATION #31 3822 Cottonwood Drive Prop. Switch - -- LIFT STATION #8 5405 1/2 Stone Creek Prop. Switch LIFT STATION #10 10247 West Main W /Future Rehab LIFT STATION #39 3840 South Broadway Next Phase Swtch - -- LIFT STATION #32 3209 Underwood Road Prop. Switch LIFT STATION #27 2601 South Broadway W /Future Rehab LIFT STATION #6 1231 South 8th Street W /Future Rehab - -- LIFT STATION #38 3700 Sunrise Ex. Switch LIFT STATION #9 531 North 5th Street Next Phase Swtch LIFT STATION #33 9209 Belfast Road Next Phase Swtch LIFT STATION #3 200 North P Street LIFT STATION #15 10822 North L Street LIFT STATION #16 11240 North L Street LIFT STATION #17 11540 North L Street LIFT STATION #19 1525 Lomax School Road LIFT STATION #20 11416 North H Street LIFT STATION #26 9800 North H Street LIFT STATION #2 901 '/2 Birdie Circle LIFT STATION #21 9820 North P Street LIFT STATION #22 10530 North P Street LIFT STATION #23 11550 North P Street LIFT STATION #24 1050 Robinson Road LIFT STATION #25 11033 Houston Drive LIFT STATION #34 1724 North Hwy 146 LIFT STATION # 5 1900'/2 Powell Road LIFT STATION #7 201 1/2 North 16th Street LIFT STATION #11 1309 North 16th Street LIFT STATION #29 3901 Canada Road LIFT STATION #41 101 North Blackwell - -- Proposed work included with this August 22, 2011 contract request Vote- [apes i�" an� �araa3l�r are aa�t s�a�a�wai, GENERATOR CONNECTIONS -/ C MANUAL TRANSFER SWITCHES y " NATURAL GAS- POWERED GENERATOR W/ AUTOMATIC TRANSFER SWITCH Line of MID 80312 Bayou Drvet_�,„ LIFT STATION40" 3030 Humphreyville . -. Roatl "- PLANT 9 . Q Y SUbd 1yj 5. Uno iii Shady Oaft & Bay co" SSUME 0.5 0 0.5 1 Mile Vote- [apes i�" an� �araa3l�r are aa�t s�a�a�wai, HDRIC &M Job No. 10 -105 CITY OF LA PORTE Emergency Power to Warter and Wastewater Facilities Bid Date: 6/19/11 Page 1 OF 3 LOW BIDDER Cresent Electric Hi -Tech Electric, Inc. C.F. McDonald Electric, Inc. ITEM ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT BASE BID - WASTEWATER FACILITIES ITEMS Electrical System Installation - Lift Station No. 1A. - Provide and install all work shown on plans and described in specifications including the following: Provide and install one 125 kW natural gas generator system 1 including switch, power feeders, weatherproof enclosure, modifications to electrical natural gas line installation, concrete pad, automatic transfer service equipment, all required electrical work, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $120,000.00 $120,000.00 $106,838.001 $106,838.00 $103,327.001 $103,327.00 Natural Gas Service — Lift Station No. 1A - Include an "Allowance" for 2 natural gas service by the local Natural Gas Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Natural Gas Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation — Lift Station No. 8 - Provide and install all work shown on plans and described in specifications including the 3 following: Provide and install manual transfer switch, generator breaker, generator connector, all required electrical work, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $22,000.00 $22,000.00 $18,708.00 $18,708.00 $17,100.00 $17,100.00 all work shown on plans and described in specifications including the following: Provide and install manual transfer switch, generator breaker, 4 generator connector, all required electrical work, and all required breaker, generator connector, all required electrical work, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $20,000.00 $20,000.00 $37,291.00 $37,291.00 $45,149.00 $45,149.00 Electric Service — Lift Station No. 13 Include an "Allowance" for electric service by the local Electric Service Provider. Exact amount will be 5 reimbursed to Contractor upon submittal of invoice from Electric Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation — Lift Station No. 30 - Provide and install all work shown on plans and described in specifications including the following: Provide and install 80 kW natural gas generator system 6 including natural gas line installation, concrete pad, automatic transfer switch, power feeders, weatherproof enclosure, modifications to electrical service equipment, all required electrical work, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: I LS 1 1 1 $110,000.001 $110,000.001 $94,526.001 $94,526.001 $93,457.001 $93,457.00 Bid Date: 6/19/11 Page 1 OF 3 HDRIC &M Job No. 10 -105 CITY OF LA PORTE Emergency Power to Warter and Wastewater Facilities Bid Date: 6/19/11 Page 2OF3 LOW BIDDER Cresent Electric Hi -Tech Electric, Inc. C.F. McDonald Electric, Inc. ITEM ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Natural Gas Service — Lift Station No. 30 - Include an "Allowance" for 7 natural gas service by the local Natural Gas Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Natural Gas Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation — Lift Station No. 31 - Provide and install all work shown on plans and described in specifications including the 8 following: Provide and install manual transfer switch, generator breaker, generator connector, circuit breaker, all required electrical work, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $35,000.00 $35,000.00 $46,696.00 $46,696.00 $53,743.00 $53,743.00 Electric Service — Lift Station No. 31- Include an "Allowance" for electric 9 service by the local Electric Service Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Electric Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation — Lift Station No. 32 - Provide and install all work shown on plans and described in specifications including the 10 following: Provide and install manual transfer switch, generator connector, generator breaker, all required electrical work, and all required appurtenances as show on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $20,000.00 $20,000.00 $19,936.00 $19,936.00 $17,825.00 $17,825.00 Electrical System Installation — Lift Station No. 37 - Provide and install all work shown on plans and described in specifications including the following: Provide and install a 150 kW natural gas generator system that 11 includes a natural gas line installation, concrete pad, automatic transfer switch, power feeders, weatherproof enclosure, and modifications to electrical service equipment, all required electrical work, and all required appurtenances as show on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $110,000.00 $110,000.00 $114,791.001 $114,791.00 $76,563.001 $76,563.00 Natural Gas Service — Lift Station No. 37 - Include an "Allowance" for 12 natural gas service by the local Natural Gas Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Natural Gas Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation — Lift Station No. 40 - Provide and install all work shown on plans and described in specifications including the following: Provide and install manual transfer switch, generator breaker, 13 generator connector, all required electrical work, concrete pads, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $25,000.00 $25,000.00 $25,453.00 $25,453.001 $27,752.00 $27,752.00 TOTAL BASE BID -WASTEWATER FACILITIES ITEMS r 1 $487,000.00 1 $489,239.00 1 $459,916.00 Bid Date: 6/19/11 Page 2OF3 HDRIC &M Job No. 10 -105 CITY OF LA PORTE Emergency Power to Warter and Wastewater Facilities Bid Date: 6/19/11 Page 3OF3 LOW BIDDER Cresent Electric Hi -Tech Electric, Inc. C.F. McDonald Electric, Inc. ITEM ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL TOTAL UNIT TOTAL NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT BASE BID - WATER FACILITIES ITEMS Electrical System Installation -Water Plant No. 4. - Provide and install all work shown on plans and described in specifications including the 14 following: Provide and install manual transfer switch, generator breaker, generator connector, all required electrical work, concrete pads, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $25,000.00 $25,000.00 $23,278.00 $23,278.00 $34,813.00 $34,813.00 Electrical System Installation -Water Plant No. 7. - Provide and install all work shown on plans and described in specifications including the 15 following: Provide and install manual transfer switch, generator breaker, generator connector, all required electrical work, concrete pads, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $25,469.00 $25,469.00 $28,039.00 $28,039.00 $31,004.00 $31,004.00 Electrical System Installation -Water Plant No. 9. - Provide and install all work shown on plans and described in specifications including the 16 following: Provide and install manual transfer switch, generator breaker, generator connector, all required electrical work, concrete pads, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $25,000.00 $25,000.00 $34,213.00 $34,213.00 $50,550.00 $50,550.00 Electric Service — Lift Station No. 9 Include an "Allowance" for electric 17 service by the local Electric Service Provider. Exact amount will be reimbursed to Contractor upon submittal of invoice from Electric Service Provider for a lump sum of: LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Electrical System Installation - Fairmont Water Plant - Provide and install all work shown on plans and described in specifications including the following: Provide and install manual transfer switch, generator 18 breaker, generator connector, all required electrical work, concrete pads, and all required appurtenances as shown on plans and as described in specifications for a complete operating system for a lump sum of: LS 1 $25,000.00 $25,000.00 $26,791.00 $26,791.00 $54,602.00 $54,602.00 TOTAL BASE BID - WATER FACILITIES ITEMS $105,469.00 $117,321.00 $175,969.00 TOTAL BASE BID - WASTEWATER FACILITIES ITEMS $487,000.00 $489,239.00 $459,916.00 TOTAL BASE BID - WATER FACILITIES ITEMS $105,469.00 $117,321.00 $175,969.00 TOTAL BID ITEMS 1 $592,469.001 1 $606,560.00 $635,885.00 Bid Date: 6/19/11 Page 3OF3 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By Stephen L. Bair Department: Parks & Recreation Report: X Resolution: Ordinatice: Exhibit: Bid Tabulation #11024 Exhibit: Contractor List Exhibit: Appropriation Source of Funds: Fund 015 V Fund 049 015- 9892 -984 -1100 Account Number: 048- 9892 -984 -1100 015 -9892- 700 -9150 Fund 015, $338,517 Amount Available: Fund 048, $51,037 Requested: $389,554 SUMMARY & RECOMMENDATION An Invitation to Bid, 411024 was issued for construction and installation of a pedestrian bridge and concrete connector trails, connecting Pecan Park to the Brookglen and Pecan Crossing subdivisions. This project will connect the Pecan Crossing subdivision and the Brookglen subdivision with Pecan Park as a part of the overall La Porte Bicycle- Pedestrian Trail system. The bid was sent to 42 contractors (see Contractor List). Bids were opened August 2, 2011 and the City* received bids from 7 contractors (see Bid Tabulation). The low quote meeting specifications was submitted by R.W. Lucas Construction, LLC in the amount of $354,139.58 for the project. With a 10% project contingency*, the total expenditure request is $389,554. The City* has worked with R.W. Lucas Construction on a number of occasions and was pleased with their performance. The project is currently* budgeted in the Fund 015 Capital Improvement budget as shown above, with a balance of $271,784. The actual cost of the project exceeds the budgeted amount, due primarily* to the increase in concrete costs and the bridge cost since the estimate was developed. Additional funding in the amount of $51,037 is available to fund the portion of the trail that is within the boundaries of Pecan Park, using stranded bond funds (Fund 048) for construction of Pecan Park. The balance of the funding would be taken from the Fund 015 Contingency* account in the amount of $66,733. Staff is recommending approval of the contract amount of $354,139.58, plus a 10% contingency* for a total of $389,554 to R.W. Lucas Construction, LLC to construct the Pecan Park trails and bridge. Action Required by Council: Consider approval or other action awarding contract to R.W. Lucas Construction, LLC for installation of a pedestrian bridge and concrete connector trails, connecting Pecan Park to the Brookglen and Pecan Crossing subdivisions, with a 10% project contingency*, for a total requested amount of $ 3 89,554. Approved for City Council A6enda Ron Bottoms, City* Manager Date BIDDERS LIST PECAN PARK PEDESTRIAN TRAIL PROJECT SEALED BID # 11024 Harvey Builders P.O. Box 42008 Houston, TX 77242 -2008 Patak Construction, Inc. 1927 Hwy. 146 Kemah, Texas 77565 Jerdon Enterprise, L.P. 13404 Redfish Lane Stafford, TX 77477 Construction Ltd. 1825 Upland Dr. Houston, TX 77043 R.W. Lucas Construction 551 C Link Rd. League City, TX 77573 Hull & Hull, Inc. 2222 Kelley St. Houston, TX 77026 C.F. Jordan, L.P. 9801 Westheimer, Suite 320 Houston, TX 77042 Comex Corporation P.O. Box 862 Deer Park, TX 77536 SpawGlass Civil Construction, Inc. 13800 West Road Houston, TX 77041 Hale Mills Construction 4130 Bellaire Blvd., Ste 210 Houston, TX 77025 Vaughn Construction 10355 Westpark Dr. Houston, Tx 77042 -5312 Angel Brothers Enterprises, Ltd. P.O. Box 570 5210 West Road Baytown, Texas 77521 BHR- Garver Construction, LTD. 7600 Santa Fe Drive, Bldg. Al Houston, Texas 77061 D &W Contractors, Inc. P.O. Box 1075 Channelview, Texas 77530 Durwood Green Construction Co., Inc. P.O. Box 1338 Stafford, Texas 77477 Palmer Construction, LLC 6302 Broadway — Suite 250 Pearland, TX 77581 Pfeiffer & Sons, Ltd 116 N. 16 St. La Porte, TX 77571 Moore & Moore General Contractors 530 S. Broadway La Porte, TX 77571 -5318 Four Seasons Development 5825 W. Sam Houston Pkwy N. Houston, TX 77041 Lone Star Road Construction, Ltd. 10333 Windfern Houston, TX 77064 Turner Construction Company 4623 Dacoma St Houston, TX 77092 Mar -Con Services, L.L.C. P.O. Box 837 Deer Park, Texas 77536 Slack & Co. Contracting, Inc. 10622 South Main St Houston, TX 77025 Brooks Concrete Inc. 4018 Allen Genoa Pasadena, TX 77504 D. L. Meacham L.P. 2102 Haskins Houston, TX 77080 DivisionOne Construction 2855 Mangum Rd., Suite B -105 Houston, TX 77092 AI -con Construction Services 40 A Blue Stem Dayton, TX 77535 Triple B Construction Services PO Box 836 Huffman, TX 77366 Excalibur Construction, Inc 18118 Strack Dr Spring, TX 77383 Mike Bricker & Associates, Inc 2002 Gill Rd Dickinson, TX 77539 Reytec Construction Resources, Inc. 1901 Hollister St Houston, TX 77080 Park Constructors, Inc PO Box 986 Rosenburg, TX 77471 Ser Construction Partners, Ltd PO Box 891145 Houston, TX 77289 Oates Industries Inc 1314 B Underwood Rd La Porte, TX 77571 Beyer Construction, LLP 12200 -B Duncan Rd Houston, TX 77066 Huff & Mitchell, Inc 16410 Huffineister Cypress, TX 77429 W.T. Byler, Co.LP 15203 Lillja Rd Houston, TX 77060 Reliance Construction Services, LP 4302 Almeda Genoa Rd Houston, TX 77048 RWL Construction, Inc PO Box 1209 Sealy, TX 77474 AAA Asphalt Paving, Inc 10526 Tanner Rd Houston, TX 77041 Hubco, Inc 11714 Charles Houston, TX 77041 Texcor Construction Specialties PO Box 2682 League city, TX 77574 -2628 BID TABULATION #11024 PECAN PARK PEDESTRIAN TRAILS AUGUST 2, 2011 DESCRIPTION QTY UOM RW Lucas Construction Unit Price Total Amt. Bid GW Phillips Concrete Construction Unit Price Total Amt. Bid Brooks Concrete Unit Price Total Amt. Bid D.L. Meacham Unit Price Total Amt. Bid Jerdon Enterprise Unit Price Total Amt. Bid AAA Asphalt & Paving Unit Price Total Amt. Bid MAR -CON Services Unit Price Total Amt. Bid Site Pr,P &Mobilization 1 Site Preparation, to include Mobilization, Cleanup and LS 1 $ 26,000.00 $ 26,000.00 $ 25,000.00 $ 25,000.00 $ 2,000.00 $ 2,000.00 $ 6,700.00 $ 6,700.00 $ 55,000.00 $ 55,000.00 $ 21,000.00 $ 21,000.00 $ 66,000.00 $ 66,000.00 Demobilization 2 Traffic Control and Regulation LS 1 $ 10,000.00 $ 10,000.00 $ 3,000.00 $ 3,000.00 $ 500.00 $ 500.00 $ 1,100.00 $ 1,100.00 $ 1,000.00 $ 1,000.00 $ 500.00 $ 500.00 $ 1,150.00 $ 1,150.00 Demolition Items 3 Remove concrete overflow, sidewalk, and concrete curb SF 2,043 $ 1.26 $ 2,574.18 $ 1.00 $ 2,043.00 $ 1.00 $ 2,043.00 $ 4,100.00 $ 4,100.00 $ 0.70 $ 1,430.10 $ 0.60 $ 1,225.80 $ 1.30 $ 2,655.90 as noted on Drawings (Sheet 9 of 15) between HCFCD channel and Pecan Crossing Lane 4 Remove Wire Fencing LF 10 $ 10.00 $ 100.00 $ 10.00 $ 100.00 $ 1.00 $ 10.00 $ 5.00 $ 50.00 $ 3.00 $ 30.00 $ 25.00 $ 250.00 $ 11.50 $ 115.00 Path- Items 5 5 -Inch Reinforced Concrete Pathway with Single Grade SF 14,816 $ 3.50 $ 51,856.00 $ 3.20 $ 47,411.20 $ 4.45 $ 65,931.20 $ 4.95 $ 73,339.20 $ 5.60 $ 82,969.60 $ 6.00 $ 88,896.00 $ 5.60 $ 82,969.60 Beam, Poured Monolithic, including Bedding and Associated Site Grading 6 5 -Inch Reinforced Concrete Path way with Double Grade SF 13,548 $ 3.80 $ 51,482.40 $ 3.30 $ 44,708.40 $ 4.59 $ 62,185.32 $ 5.45 $ 73,836.60 $ 8.50 $ 115,158.00 $ 7.15 $ 96,868.20 $ 6.00 $ 81,288.00 Beam, Poured Monolithic, including Bedding and Associated Site Grading 7 5 -Inch Reinforced Concrete Pathway, including Bedding SF 1,231 $ 3.20 $ 3,939.20 $ 3.00 $ 3,693.00 $ 4.79 $ 5,896.49 $ 4.15 $ 5,108.65 $ 6.00 $ 7,386.00 $ 5.30 $ 6,524.30 $ 5.40 $ 6,647.40 and Associated Site Grading 8 8 -Inch Reinforced Concrete Pathway, including Bedding SF 6,389 $ 4.50 $ 28,750.50 $ 3.40 $ 21,722.60 $ 5.19 $ 33,158.91 $ 6.25 $ 39,931.25 $ 7.00 $ 44,723.00 $ 7.00 $ 44,723.00 $ 6.80 $ 43,445.20 and Associated Site Grading 9 6 -Inch Reinforced Concrete Pathway with 6 -inch Curbs, SF 1,978 $ 4.10 $ 8,109.80 $ 3.70 $ 7,318.60 $ 5.79 $ 11,452.62 $ 6.45 $ 12,758.10 $ 5.80 $ 11,472.40 $ 8.00 $ 15,824.00 $ 6.00 $ 11,868.00 including Bedding and Associated Site Grading 10 Wheelchair Ramps, Including Bedding and Associated SF 398 $ 15.00 $ 5,970.00 $ 12.00 $ 4,776.00 $ 12.50 $ 4,975.00 $ 8.00 $ 3,184.00 $ 5.00 $ 1,990.00 $ 16.00 $ 6,368.00 $ 17.60 $ 7,004.80 Grading 11 36 -Inch HDPE Culvert LF 44 $ 100.00 $ 4,400.00 $ 100.00 $ 4,400.00 $ 55.00 $ 2,420.00 $ 120.00 $ 5,280.00 $ 100.00 $ 4,400.00 $ 63.00 $ 2,772.00 $ 70.70 $ 3,110.80 12 Safety End Treatment EA 2 $ 1,500.00 $ 3,000.00 $ 500.00 $ 1,000.00 $ 1,750.00 $ 3,500.00 $ 2,600.00 $ 5,200.00 $ 1,300.00 $ 2,600.00 $ 1,500.00 $ 3,000.00 $ 2,295.50 $ 4,591.00 13 Prefabricated Pedestrian Bridge LS 1 $ 126,195.00 $ 126,195.00 $ 254,096.00 $ 254,096.00 $ 240,000.00 $ 240,000.00 $ 215,000.00 $ 215,000.00 $ 190,000.00 $ 190,000.00 $ 237,000.00 $ 237,000.00 $ 230,000.00 $ 230,000.00 14 4" Concrete Filled Steel Bollard LF 4 $ 350.00 $ 1,400.00 $ 250.00 $ 1,000.00 $ 225.00 $ 900.00 $ 300.00 $ 1,200.00 $ 500.00 $ 2,000.00 $ 350.00 $ 1,400.00 $ 460.00 $ 1,840.00 15 Backslope Interceptor Structure including Connection to LS 1 $ 1,950.00 $ 1,950.00 $ 4,000.00 $ 4,000.00 $ 1,200.00 $ 1,200.00 $ 2,100.00 $ 2,100.00 $ 1,000.00 $ 1,000.00 $ 2,300.00 $ 2,300.00 $ 4,458.60 $ 4,458.60 Proposed Trail 16 30 -inch CMP Outfall Pipe LF 55 $ 100.00 $ 5,500.00 $ 120.00 $ 6,600.00 $ 55.00 $ 3,025.00 $ 95.00 $ 5,225.00 $ 150.00 $ 8,250.00 $ 80.00 $ 4,400.00 $ 62.30 $ 3,426.50 17 Regrading of Slopes, As Required for Sidewalk LS 1 $ 15,000.00 $ 15,000.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 4,250.00 $ 4,250.00 $ 4,400.00 $ 4,400.00 $ 2,000.00 $ 2,000.00 $ 6,755.10 $ 6,755.10 Construction 18 Inlet Protection Barriers EA 5 $ 126.00 $ 630.00 $ 100.00 $ 500.00 $ 5.00 $ 25.00 $ 70.00 $ 350.00 $ 60.00 $ 300.00 $ 50.00 $ 250.00 $ 46.00 $ 230.00 19 Reinforced Filter Fabric Fencing LF 875 $ 1.26 $ 1,102.50 $ 4.00 $ 3,500.00 $ 2.00 $ 1,750.00 $ 1.30 $ 1,137.50 $ 1.40 $ 1,225.00 $ 2.50 $ 2,187.50 $ 1.70 $ 1,487.50 20 Block Sodding of Disturbed Turf, per Plans and /or as SF 100 $ 2.60 $ 260.00 $ 3.00 $ 300.00 $ 0.40 $ 40.00 $ 1.00 $ 100.00 $ 1.00 $ 100.00 $ 4.75 $ 475.00 $ 5.80 $ 580.00 Directed by ENGINEER 21 Hydromulch Seeding AC 1 $ 1,500.00 $ 1,500.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 1,500.00 $ 1,850.00 $ 1,850.00 $ 1,275.49 $ 1,275.49 $ 1,750.00 $ 1,750.00 $ 1,725.00 $ 1,725.00 22 6 -foot Chain Link Fencing LF 170 $ 26.00 $ 4,420.00 $ 18.00 $ 3,060.00 $ 24.35 $ 4,139.50 $ 20.00 $ 3,400.00 $ 17.00 $ 2,890.00 $ 22.00 $ 3,740.00 $ 28.80 $ 4,896.00 TOTAL BIDAMOUNT $ 354,139.58 $ 442,928.80 $ 449,152.04 $ 465,200.30 $ 539,599.59 $ 543,453.80 $ 566,244.40 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Ron Bottoms, Cite Manager Department: Administration Report: Resolution: Ordinance Exhibits: Agreement Exhibits: Exhibits: Appropriation Source of Funds: Hotel/Motel Account Number: 03760635656016 Amount Budgeted: '70,000 Amount Requested: $70,000 Budgeted Item: Yes SUMMARY & RECOMMENDATION The existing contract between the City of La Porte and the La Porte - Bayshore Chamber of Commerce for the purpose of advertising the City and conducting solicitation programs to promote tourism within the City will expire on September 30, 2011. During negotiations, it was agreed to renew the agreement with the Chamber with an increased base contribution of $70,000 per year (up from $50,000) based on the following key provision: • If, in any year during this contract (beginning with the 2011 -2012 fiscal year), the Chamber's Sylvan Beach Festival fundraiser should yield more than $50,000 in net proceeds, the Chamber agrees to remit to the City fifty percent of each dollar raised in excess of said $50,000. Any remittance of funds under this provision would be deposited in the Hotel Motel Fund of the City. There were no other changes made to the agreement and it remains the same as the previous 3- year agreement. The proposed agreement would expire on September 30, 2014. Action Required by Council: Consider approval of an agreement between the City of La Porte and the La Porte- Bayshore Chamber of Commerce. Approved for City Council Agenda Ron Bottoms, City Manager Date THE STATE OF TEXAS COUNTY OF HARRIS This agreement made and entered into effective the 15c day of October 2011, by and between the City of La Porte, a municipal corporation, hereinafter called "City ", and The La Porte — Bayshore Chamber of Commerce, a non -profit corporation chartered under the Laws of the State of Texas, hereinafter called "Chamber," WITNESSETH: W IEREAS, City, as authorized by Texas Tax Code Chapter 351, has an ordinance providing for the assessment and collection of a Hotel Occupancy tax in the City of La Porte of seven percent (7 %) of the consideration paid by the occupant of a room, space or facility in any hotel /motel, and WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint potential users with public meeting and convention facilities and to promote tourism and advertise the City of La Porte; and WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the Chamber for the above stated purposes and that the Chamber use such funds for the above stated purposes; NOW, TTI=— FORE, in consideration of the premises and of the mutual covenants herein contained, City and Chamber hereby agree as follows: SECTION I. Chamber shall employ its best efforts for general promotional and tourist advertising of the City of La Porte and conducting solicitation and operating programs and conducting special programs to contract conventions and visitors, including the establishment and operation by Chamber of a convention and visitors bureau. SECTION II. As a consideration for the services set forth in Section 1 hereof, and as part of its obligation under Chapter 351 of the Texas Tax Code to use local hotel occupancy tax funds for attracting and promoting tourism and the convention and hotel industry, City agrees to pay to Chamber an amount not to exceed $70,000.00 from funds received by City from its Hotel Occupancy Tax, in any City fiscal year (being October 1 to September 30 of the following calendar year) during the term of this agreement, according to the payment schedule established in Section V, herein, However, if in any year during the term of this contract (be ginnin g with the 2011- 2012 fiscal year) the Chamber's Sylvan Beach Festival fundraiser should yield more than $50,000.00 in net proceeds, Chamber agrees to remit to City fifty percent (50 0 /0) of each dollar raised in excess of said $50,000.00 threshold. In the event a remittance is made to the City such funds shall be deposited into City's hotel occupancy tax fund The City's obligation to forward payment as established herein is subject to its fight to terminate this agreement at any point during City's fiscal year with 30 days advance written notice, as authorized in Section XIII of this agreement. SECTION III. The term of this contract is for three (3) years, beginning on October 1, 2011 and expiring on September 30, 2014. No less than ninety (90) days prior to the expiration of the initial 3- year term of this agreement, the City and Chamber may renegotiate the cap level as established in Section II. Any increase in the base contribution will be based on the annual performance report and the annual budget submittal by the Chamber and shall be approved by City Council. SECTION IV. In the event 30 days advance written notice of termination is not received by the other party to this agreement at least ninety (90) days prior to the contract conclusion date at the expiration of the initial three (3) year term, this agreement shall be extended on the same terms and conditions for one additional two (2) year term. SECTION V. The City shall, on or before the 45 day following the end of each quarter, pay $17,500.00 or 1 /.1 of $70,000.00 to the Chamber. The quarters Nvill end on the 31 day of March, the 30 day of June, the V' day of September and the 31" day of December of each year. For purposes of this agreement, City shall make the first quarterly payment on or before the 45 day following the quarter ending on September 30, 2011. SECTION V1. Chamber agrees that any and all Hotel Occupancy Tax funds paid to it by City shall be used only in the following specific areas: (1) The furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (2) Advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; Or (3) Advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums. Chamber agrees to conduct a continuing program of advertising and promotion for the purpose of attracting visitors, tourists, and conventions to the local area and to City by publishing and distributing brochures and community information packets, by advertising in various tourists publications and general media publications which are appropriate, by representing the City at travel shows and other such events, by participating with state and -regional agencies in tourist development of benefit to the local area and to City, and by using all appropriate means to increase the traveling public's awareness of the resort and recreational advantages of the local area and City. Chamber further agrees that it wall seek to achieve economic benefit for City through all such activities, that it will provide tourist - related information about City upon request, and that it will serve as an advisory body to City, upon request, in matters related to expanding the tourist - derived economy. SECTION VII. The Chamber agrees that it will record expenditures involved in this program on a monthly basis in separate accounts. The books of account will be maintained in a form approved by the City of La Porte. The Chamber agrees to forward a quarterly report to the City on expenditures involving the use of City funds. Chamber fi,rth agrees that the report will be forwarded on or before the 30 day following the end of the quarter. SECTION VIII. The Chamber agrees, yearly, to prepare an annual budget on the use of Hotel Occupancy Tax funds received from the City of La Porte and to submit it to the La Porte City Council for approval. The budget submitted to City Council will coincide with the City's fiscal year. For the year of this agreement, the Chamber agrees to submit its budget for the 2011 -2012 fiscal year to City Council on or before October 1, 2011. For all future years, Chamber agrees to submit its budget on or before July 5f of each year. Any special program promoted by the Chamber of Commerce should be included in the annual budget and reporting submitted by the Chamber. SECTION IX. Thirty (30) days after September 30, at the end of every City fiscal year included under the terms of this agreement, the Chamber will furni to City a performance report of its work under this contract which shall reflect overall activity, meetings, conventions and conferences conducted, identity, and amount of advertising conducted, copies of literature produced as well as a description of direct mailings in the last year, and the expenditures during the year of the funds received pursuant to this contract SECTION X. The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial activity of the Chamber that relates to the use of funds from City's Hotel Occupancy Tax. It is understood and agreed by City and Chamber that Hotel Occupancy Tax funds may be spent by Chamber for day --to-day operations including supplies, salaries, office rental, travel expenses, and other administrative costs, if same have been previously approved in the budget and if directly related to the promotion of tourism. The position of the total administrative costs for Nvhich Hotel Occupancy Tax revenues are expended may not exceed the actual administrative costs for these activities. SECTION XT. It is understood and agreed that Chamber shall not in any sense be considered a partner or joint ventures with City, nor shall Chamber be considered nor in any manner hold itself out as an agent or official representative of City. Chamber shall be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City. SECTION XII. Chamber does further agree to hold City harmless from any and all claims by third parties for any injuries, damage or liability occasioned by Chamber in connection with this agreement. SECTION XIII. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events: a. The giving of 30 days advance written notice of termination by either party to the other party, if received by the non- ternninating party at least ninety (90) days prior to the date of conclusion of this contact at the end of either the initial term or the two (2) year renewal term; b. The termination of the corporate existence of Chamber; c. The insolvency of Chamber, the filing of a petition in banktuptcy, either by or against Chamber, or an assignment by Chamber for the benefit of creditors; d. The breach by Chamber of any of the te trns and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Chamber of such breach; SECTION XIV. In the event of the termination of this agreement as provided in Section = hereof, the City shall pro -rate, to the date of termination, the quarterly payments made in Section V. SECTION XV. This contract is not assignable. SECTION X'VI. Any notice requited to be given under the terms and provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 President La Porte - Bayshore Chamber of Commerce PO Box 996 La Porte, Texas 77572 -0996 SECTION XVII. All the terms, condition and stipulations of this contract are subject to all applicable federal laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto and all judicial determinations relative thereto. WITNESS OUR HANDS, effective the 1st day of October, 2011. City of La Porte City Secretary az 4 �( 7 r C y Attorney Louis R Rigby, Mayor IAPORTE-- BAYSHORE CF IAMBER OF COMMERCE By: Attest: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Au-.ust 22, 2011 Requested By: Ron Bottoms Department: Administration Report: Resolution: Ordinance: X Exhibits: Amendment #1 to Interlocal Agreement for Circulator Bus Seivice Exhibits: Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Interlocal Agreement (ILA) between the City of La Porte and Harris County for circulator bus service in the City of La Porte will expire September 30, 2011. The City of La Porte provided $90,000 for the cost of the service during the initial term of the Agreement. Harris County has subsequently been able to leverage Federal Transportation (FTA) funds for the proposed extension, which will allow the City's initial contribution of $90,000 to stretch until August 31, 2012. The FY 2011 -12 proposed budget reduced funding for the bus service to reflect the amendment in this ILA. The amended Interlocal Agreement is attached as Exhibit One. Action Required by Council: Approve Ordinance authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with Harris County for circulator bus service through August 30, 2012. Approved for City Council A6enda Ron Bottoms, City Manager Date AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR CIRCULATOR BUS SERVICE IN CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS This Amendment is made and entered into by and between Harris County, Texas, a body corporate and politic under the laws of the State of Texas, hereinafter called the "County," and the City of La Porte, Texas, a home -rule city under the laws of the State of Texas, hereinafter call "La Porte." WITNESSETH WHEREAS, on or around October 11, 2010 the County and La Porte entered into an Agreement under which La Porte would provide matching funds to the County and the County would provide certain fixed route bus service to citizens of La Porte, hereinafter called the "Agreement." La Porte was to make a maximum lump sum payment of $90,000.00 within 15 days of the effective date of the Agreement; and WHEREAS, La Porte has made the one -time payment under the Agreement; and WHEREAS, La Porte and the County desire to amend the Agreement to extend through August 31, 2012 while continuing to use the existing payment schedule; and NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: Section 2.4 of the Agreement, reading: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte will provide all required Local Operating Funds for the cost of the service during the term of this Agreement, up to a maximum of $90,000.00. La Porte shall send $90,000.00 to the County for use in paying its obligations to provide Local Operating Funds within 15 days of the effective date of this agreement. The funds will be maintained in a special reserve account. It is understood and agreed that a portion of the route service provided is to benefit students of San Jacinto College for which San Jacinto College is subject to a separate agreement, and the County may look to San Jacinto College and others to pay part of the Local Operating Funds. In the event San Jacinto College does not reach an agreement with the County or cease to continue its relationship with the County, the County has the right to adjust routes and service times accordingly, provided that such change is approved in writing by the Mayor. Should the County determine that such funds from the City of La Porte and others are inadequate to pay for all required Local Operating Funds during such first year, the County shall have no obligation to continue providing the services hereunder unless and until the City sends additional funds to the County for such purpose, subject to the same requirements applicable to use of the original contribution. Is amended to read: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte has provided $90,000.00 for the cost of the service during the term of this Agreement, which shall continue to the end of the day on August 31, 2012. During the term of this Agreement, FTA funds will be used in conjunction with Local Operating Funds to finance the fixed route bus service. Should the County determine that such funds from La Porte and others are inadequate to pay for all required Local Operating Funds, La Porte shall have no obligation to continue providing the services hereunder unless and until it receives additional funds for such purpose, subject to the same requirements applicable to use of the original contribution. Article 6 of the Agreement, reading 2 Term Unless terminated sooner as set forth above, the term of this Agreement shall be one year from the date this Agreement is executed. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. Is amended to read: This Agreement shall be effective upon the date this Agreement has been duly executed by all parties, and unless terminated sooner as set forth above, shall continue to the end of the day on August 31, 2012. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows: a. It has on the day of , 2011, been executed on behalf of the County by , pursuant to of the County Commissioners Court authorizing such execution. b. It has on the day of , 2011, been executed on behalf of the City of La Porte by , and attested by its Secretary, pursuant to City Council authorizing such execution. HARRIS COUNTY By: David B. Turkel Director of Harris County Community Services Department APPROVED AS TO FORM: Vince Ryan, Harris County Attorney By: Assistant County Attorney ATTEST By: Patrice Fogarty City Secretary CITY OF LA PORTE Ron Bottoms City Manager ORDINANCE NO. 2011- AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED ROUTE BUS SERVICE WITH COMPLEMENTARY PARATRANSIT SERVICES IN THE CITY OF LA PORTEI MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 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, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this day of , 2011. CITY OF LA PORTE By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: I T Clark T. Askins Assistant City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance X Exhibits: H.B. No. 1376 Exhibits: Current regulations with strike- through Exhibits: Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The State recently passed House Bill 1376 which amends the definition of a junked vehicle for purposes of abatement of a public nuisance. The governor signed the bill on June 16, 2011 and it becomes effective September 1. 2011. Staff has prepared an ordinance amending the City's Code of Ordinance, Chapter 34, Sect. 34 -166 (Definitions). The ordinance incorporates changes necessary to comply with recent state law changes and would become effective fourteen (14) days after passage. Action Required by Council: Consider approval or other action on an ordinance amending the City's junk motor vehicle regulations Approved for City Council Agenda Ron Bottoms, City Manager Date Chapter 753 H.B, NO, 1376 1 AN ACT 2 relating to the definition of a junked vehicle fox purposes of 3 abatement of a public nuisance. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS; 5 SECTION 1. Section 683.071, Transportation Code, is amended 6 to read as follows: 7 Sec. 683.071. DEFINITION. In this subchapter, "junked 8 vehicle" means a vehicle that is self - ,propelled and: g (1) displays an expired license plate or invalid motor 10 vehicle inspection certificate or does not display a license plate 11 or motor vehicle inspection certificate; and [ 12 . 13 k --- ante 14 E 15 l 16 (2) is: 17 (A) wrecked, dismantled or partially dismantled, 18 or discarded; or lg (B) inoperable and has remained inoperable for 20 more than: 21 (i) 72 consecutive hours, if the vehicle is 22 on public property; or 23 (ii) 30 consecutive days, if the vehicle is 24 on private property. 1 H.B. No. 1376 SECTION 2. This Act takes effect Septembex 1, 2011. Pres' ent of the Senate H.B. No. 1376 t Seaker of the House I certify that fi.B. No. 1376 was passed by the House on April 7, 2011, by the following vote: Yeas 141, Nays 3 1 present, not voting. Chief Clerk of the e I certify that H.B. No. 1376 was passed by the Senate on May 25, 2011, by the following vote: Yeas 31, Nay 0. Secretary the enate APPROVED: I7 Date ? e r,ot.Am , Governor IN THE OFF=ICE W: s'r sE 'R'TARY OF STAVE O'CLOCK Q ; JIiN 17 $ecr ©tart' of &fate 3 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT ", ARTICLE V "JUNKED MOTOR VEHICLES ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATING TO THE DEFINITION OF A JUNKED VEHICLE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 34, "Environment', Article V., "Junked Motor Vehicles ", Section 34 -166 "Definitions ", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 34 -166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique vehicle means a passenger car or truck that is at least 25 years old. Demolisher means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code § 683.071 that is self - propelled and: a. An rxneipir-ed license plate (1) displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and (2) Is wrecked, dismantled or partially dismantled, or discarded; or (3) Is inoperable and has remained inoperable for more than: a. Seventy -two consecutive hours, if the vehicle is on public property; or b. Thirty consecutive days, if the vehicle is on private property. Ordinance No. Page 2 Motor vehicle means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. Motor vehicle collector means a person who: (1) Owns one or more antique or special interest vehicles; and (2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. ,Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. ,Storage facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles." Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 3 Section 6 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of 1 2011. CITY OF LA PORTE 0 Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT ", ARTICLE V "JUNKED MOTOR VEHICLES ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, RELATING TO THE DEFINITION OF A JUNKED VEHICLE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 34, "Environment ", Article V., "Junked Motor Vehicles ", Section 34 -166 "Definitions ", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 34-166. Definitions. The following words, terms and pluases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique vehicle means a passenger car or truck that is at least 25 years old. Deniolisher means any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles. Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code § 683.071 that is self - propelled and: (1) displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and (2) Is wrecked, dismantled or partially dismantled, or discarded; or (3) Is inoperable and has remained inoperable for more than: a. Seventy -two consecutive hours, if the vehicle is on public property; or b. Thirty consecutive days, if the vehicle is on private property. Ordinance No. Page 2 Motor vehicle means any motor vehicle subject to registration pursuant to the Texas Certificate of Title Act. Motor vehicle collector means a person who: (1) Owns one or more antique or special interest vehicles; and (2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. Special interest vehicle means a motor vehicle of any age that has not been changed fi•om original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Storage facility means a garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing, or parking of motor vehicles." ,Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). ,Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 3 Section 6 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of , 2011. CITY OF LA PORTE Louis R, Rigby, Mayor ATTEST: City Secretary APPROVE)?: , Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: • Ordinance for IDA • Industrial District Agreement • Ordinance for Water & Sewer Agreements • Water Service Agreement • Sanitary Sewer Service Agreement • 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 DTMT Two, LLC has approached the City for water and sanitaiv sewer service to its recentIN-- constructed facility at 9602 Nev, Decade Drive in Bas -port North Industrial Park I, located in the Bas -port Industrial District (see Area Map). Hyduke Energy, a Canadian -based provider of equipment for the oil and gas industiv will occupy the facility and bring approximately 40 new jobs into our area from Canada. Council has approved a policy to provide water and sanitaiv sewer service to companies located outside the city limits and within the City's industrial districts (ETJ). These companies are required by the policy to execute and maintain a current Industrial District Agreement (IDA) with the City. DTMT Two, LLC desires to obtain water and sanitaiv sewer service from the City under the terms of this policy. As part of this request, the company has executed a new IDA for the subject property, which has been divided from a larger parent tract under an existing IDA. Based on the company's stated demand for domestic uses, the average daily volume for potable water and sanitaiv sewer is 2,500 gallons per day. Under the terms of the policy, the applicant will pay one and one -half (1 -1/2) times the City's current utility rate for service. Additionally, DTMT Two, LLC is subject to a one -time administrative fee of $5,000 associated with each of its agreements, for which payment in the amount of $10,000 has been received. The terms of the company's Industrial District Agreement, Water Service Agreement and Sanitaiv Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the Water Service & Sanitaiv Sewer Service Agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right of termination. Action Required by Council: Approve an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitaiv Sewer Service Agreement with DTMT Two, LLC. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2007 -IDA -125 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DTMT TWO, LLC, A LIMITED LIABILTY CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 . DTMT Two, LLC a Limited Liability Corporation (9802 New Decade) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted Upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 22 day of August 2011. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clar < Askins, Assistant Ci y Attorney 2 NO, 2007 --IDA- 4 I� 5" " STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and Entered into by and between the CITY Or LA PORTE, TEXAS, a municipal. corporation of Harris County, Texas, hereinafter called "CITY ", and DT7Mr T L. L.G a L(j[r LfA8j f Ty corporation, hereinafter called "COMPANY ". W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas ", and Ordinance No. 642A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas ", hereinafter collectively called "District ", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Code; and WHEREAS, Company is the owner of land within a designated Industrial. District of the City of La Porte, said land being legally described on the attached Exhibit " A "" (here "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B ", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council. of said City and recorded in the official minutes of said City: FINAL DRAFT: November 1, 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of. the parties contained herein and pursuant to the authority granted under the municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: 1. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions Of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement, Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no- right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and /or judicial proceeding authorized by the 'Texas 'dater Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement, IT. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property, Tinder the terms of the Texas Property Tax Code (S,B. 621,. Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal. District, The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for 'Fin lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Farris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and.3 of subsection C, of this Paragraph III (sometimes collectively called the "Property "); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec, 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxes" hereunder. B. on or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner_ on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ( "Value Year ") . C. Company and City agree that the following percentages ( "Percentage Amount ") shall apply during each of the Value Years: Value Year 2008: 620 Value Year 2009: 62% Value Year 2010: 62 Value Year 2011: 62% Value Year 2012: 62s Value Year 2013: 620 Value Year 2014: 630 Value Year 2015: 630 Value Year 2016: 630 Value Year 2017. 63% Value Year 2018: 63% Value Year 2019: 63 9 0 Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of: 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2006, and each January 1 thereafter of the applicable Value Year during the terra of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the Corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) on any Substantial lnc;rease in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation) , for each Value Years following completion of construction in progress, an amount equal to Twenty -five percent (25 %), if construction is completed in Value years 2008 through 201.3; and Twenty percent (200), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the 'Texas Property Tax Code, In the case of new construction which is completed in Value Year 2015 or later, and provided, further, that City and Company enter into an industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (200) valuation under this subparagraph (a) , for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, -and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (50) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000,00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value egtab'li,shed on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including .Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangib=le personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code, with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed. portion thereof as determined by appraisal by the Harris County Appraisal District, 4. Notwithstanding the above, should City elect to grant the Freeport inventory exemption authorized by Article VIII, Section 1 -j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the fcreeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1--n, of the Texas Constitution and Section 11;253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of ba Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit " A " attached hereto, Emergency services are limited to fire, police, and public works emergency ,services. if Company is not a member_ of Channel Industries Mutual Aid Association (CTMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the LIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 203.9, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 81, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the 'Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legl_slation'is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and /or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and 3 Company shall have the right to Lake all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final Judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make paymnent to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should -Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written. notice to the City of such disagreement. In the event: Company does not give such written notice of disagreement within such time period, the appraisal_ made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under. this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written, statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into goad faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph I of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. in case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Nudge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator ") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable, That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration ", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear_ its own attorneys fees. VII, City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII, This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full, particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX, If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any X existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the night: to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement, Re The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall _be held. by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. X1. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate, XT 1. Notices by a party to the other party hereto, shall, be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: TP T TWq LI.0 (COMPANY) Attention: C(RA[a F Z � X<)L 2 - 7 , 9 0 SK P OR SATE io Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 'L, of any changes to the following information; Manager Name : _C RAO Y(\(O LpS Address: 478o 5f<y qAgK Q14 Strf C 4f0 CIS Rosos Phone : 3fy • 3U - 41,7 7 Fax: 310- AZG'-51f3 Email: cr3R @ TQFVLI . CvM Tax Agent /Billing Contact Name: 56M V 015 k ''V Address; Phone; Fax: Email: ENTERED INTO effective the Ist day of Janivary, 2008. T ANY Name; L : v Title- Address- ZVO SKV?ARK Or- SO ATTEST: CITY OF LA PORTE By- City Secretary Louis R, Rigby Mayor. APPROVED: By : Knox W. Askins Ron Bottoms City Attorney City Manager City of La Porte P.O. Box 1216 CITY OIL LA PORTE La Porte, TX 77572 - -1218 504 West Fairmont Parkway 281.471.188E La Porte, TX 77571 261.471.2047 fax knoxaskins (ocomcast, net 10 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the _ day of 20_, by L)oH L, T - oFELf M ANAC ILA of M TWQ LLC corporation, a ( IM {7 -o Ql D rur y corporation, on behalf of said entity. Notary lic, State of `re o a vP & KAY ANN CRUZ c � t ] NOTARY PUBLIC, STATE OF TEXAS 1 �r.� h: 111 X 'kOF FEB. 22, 2013 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on the day of , 20_, by Louis Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. Notary Public, State of Texas ll "EXHIBIT All (Metes and Bounds Description of Land) 12 METES & BOUNDS DESCRIPTION 4.7022 ACRES BEING OUT OF RESTRICTED RESERVE "E" REPLAT BAYPORT NORTH INDUSTRIAL PARK PARTIAL REPLAT NO. 1 HARRIS COUNTY, TEXAS All that certain 4.7022 acres of land being out of Restricted Reserve "E" Replat, Bayport North Industrial Park Partial Replat No. 1 according to the plat thereof flied at Film Code No. 516298, Harris County Map Records, also being out of that certain called 9.4086 acre tract of land described in a deed dated 06 -26- 2007 from Don and Martha Tuffil Family Trust to DTMT Two, LLC filed for record in the Official Public Records of Real Property of Harris County, Texas, at Clerk's File No. 20070506027, Film Code No. 048- 64 -1275 and being more particularly described by metes and bounds as follows: COMMENCING at a found 518" iron rod with cap located in the south right -of -way line of New Decade Drive (60' wide) at its intersection with the west right -of -way fine of New West Drive (60' wide), and being the northwest corner of said Restricted Reserve "E" Replat; Thence N 87 26' 41" E -- 250.01', with the said south right -of -way line and north line of the aforementioned Reserve "E" to a set "RR spike" in concrete for the POINT OF BEGINNING of the herein described tract; THENCE N 87 26' 41" E --- 230.01', with the said south right -of -way line and north line of the aforementioned Reserve "E" to a found 518" iron rod'with cap for corner, marking the west end of a 20' cut back line for the west right -of -way line of a 40' roadway easement; THENCE S 47° 49' 51" E — 28.42', with the said cut back line to a found 518" iron rod with cap for the said west right -of -way line of said 40' roadway easement; THENCE S 03 06' 23" E — 800.17', with said west right -of -way line of said 40' roadway easement to a found 518" iron rod with cap for corner marking the south line of said Reserve "E" Replat; THENCE S 87 27'55" W -- 250.01', with the said south fine of Reserve "E" Replat to a found 518" iron rod with cap for corner; THENCE N 03 06'23" W -- 820.08' to the POINT OF BEGINNING and containing 4.7022 acres (204,829 square feet) of land, more or less. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying 1 Mapping Job No, 256 -1 -27 east tract Date: 02 -08 -2010 'IEXHIBIT B" Attach Plat reflecting the ownership boundary lines, a site layout, showing ' all improvements, including pipelines and railroads, also showing areas of the Land previously annexed by the City of La Porte,) 13 PX0(61T B -- . —❑ o h - — - 000 -YR 1 73 63 50 BASE FLOOD ELEVATION= 19.00 4 n P -L L nss , 10.00 ,P 3000 2 NOTES: _ -- _ � � i l F.F.E. 21.40 I 1. SEE SHEET 17 FOR OVERALL PAN AND DRAINAGE AREA MAP. 2. SEE SHEET 16 FOR SITE SURVEY. - - 3. SEE SHEE ' 15 8A AND 189 FOR PLAT. D _ r , .S 0 0 o II - 1oo.oG 1200 — _ W, R.� T� rrs 7NV OrrF,vs r 4.00 p IN dJLa RR 2 usFDON a n7 a 7 RLE OF s Vhu r69r Sra >!'/ swE�3 35 00 - 50.00 /,41 o✓ c, rf wo2K Pit oPCS.'D, 50.00 o ❑ - - -- o F. F.E. 21.40 - -- o SP 75.G1 40.00 �I And AT &T LEASE SITE o SEE SHEET, IS 215.05 �� - M 53.94 - A81 S 87" 27' - 55 V/ 310. 8 1 o- � 11;� S FXIST 6L SIM. SWR. - - TO BAY PORT NORTH INDUSTRIAL PARK DE' 81BASIN. SEE SNEET 1J PER EXISTING BASIN J19� \wf i , &cASSC)C M TES ®- NGI JEERING, SUPER PRODUC S, LLC 10220 NEW DECA IE DRIVE I.. PASADENA, TEXA' 77507 SITE DIMENSIO J PLAN JAC JOB$: . 5021 -1114 ', DRAWING SCALE ' DRS : 1" RT 'EE / OF O No: `1' '� 4 . — — — — _ — — - -- � 1MAN o — _— N - — — — o « 4 — l BENI pwa�� OPvu6 Pm�wP�ri � � ,� I YFU - - E i P P�` / (w Pd E. /P.U.S.f 1 E E%V� z N { E D NEW DECADE N D, AND � -sTm. eNHCLE E EL THE NORTH SIDE OF NEW DEC / D N HZ' 22 51 L 315.OG , ,. � F - - -- - — z t-F.� S -- _l�I L LOOD LAIN FO M1�s - _3v 5 30.0 0. 0 — S ST, _ S SUBJECT SITE IS LOCATED IN SHAD _D ZON= 'X ". FIRM PANEL N. - 8201CO940L DATED. JUNE 78, 2007 I _ 5 54.85 E E3 I I : 1 100 YR BASE FLOOD ELEVATION 1600 -L L nss , 10.00 ,P 3000 2 NOTES: _ -- _ � � i l F.F.E. 21.40 I 1. SEE SHEET 17 FOR OVERALL PAN AND DRAINAGE AREA MAP. 2. SEE SHEET 16 FOR SITE SURVEY. - - 3. SEE SHEE ' 15 8A AND 189 FOR PLAT. D _ r , .S 0 0 o II - 1oo.oG 1200 — _ W, R.� T� rrs 7NV OrrF,vs r 4.00 p IN dJLa RR 2 usFDON a n7 a 7 RLE OF s Vhu r69r Sra >!'/ swE�3 35 00 - 50.00 /,41 o✓ c, rf wo2K Pit oPCS.'D, 50.00 o ❑ - - -- o F. F.E. 21.40 - -- o SP 75.G1 40.00 �I And AT &T LEASE SITE o SEE SHEET, IS 215.05 �� - M 53.94 - A81 S 87" 27' - 55 V/ 310. 8 1 o- � 11;� S FXIST 6L SIM. SWR. - - TO BAY PORT NORTH INDUSTRIAL PARK DE' 81BASIN. SEE SNEET 1J PER EXISTING BASIN J19� \wf i , &cASSC)C M TES ®- NGI JEERING, SUPER PRODUC S, LLC 10220 NEW DECA IE DRIVE I.. PASADENA, TEXA' 77507 SITE DIMENSIO J PLAN JAC JOB$: . 5021 -1114 ', DRAWING SCALE ' DRS : 1" RT 'EE / OF O No: `1' '� 4 . "EXHIBIT C" Page I of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and Contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or ,State Hi ghway 146, J.. Any sign erected in said 100' strip of land shall be subject to the following provisions: (4 One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. (4 Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. Q� One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of -way. 4 Freestanding identification signs for multiple businesses shall not exceed 350 square feet. (4 Freestanding identification 8ign,9 shall not exceed 45 feet in height. (4 Minimum setback for sign construction shall be ton (10) feet from property lines. 2. When nand adjacent to said 100 strip is developed, the initial 50 of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 725, or State Highway 146 shall be screened by one of the following techniques: a) heaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development, Existing trees shall, together with other vegetation and underbrush, create a Continuous visual screen, 14 "EXHIBIT C" Page 2 of 3 b} The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a Combination of trees, shrubs, and ground cover, All. berms and landscaping will be maintained by the property owners. c} A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen, Provided, however, in public utility easements or rights -of-way, the Vegetation shall be installed and maintained in a manager which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d} In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10 wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50 landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall, be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive, Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT G" Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approtred by the City and may require the installation of separate acceleration /deceleration lanes, 5. Installation of a median crossover on Fairmont Parkway shalt be subject to the approval of both Harris County and City. 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 DTMT TWO, LLCf MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTS FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS 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 By: ATTEST: Patrice Fogarty City Secretary APPROVED: 4 Awl. 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 DTMT TWO, 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 + Number of Full -Time Contract Employees on site = Total On -Site Full -Tune Employees Potable Water Approved for Domestic Use (Total on -site Employees times 50 gpd per employee) Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd) 50 0 50 2500 2500 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 $5,000 (B) The total amount of potable water approved to COMPANY is established at Two Thousand Five Hundred (2,500) gallons per clay. This number is based oil an average of fifty (50) gallons per employee per day as established by CITY. (C) The average monthly volume of Seventy Six Thousand Two Hundred Fift (76,250) 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 Seventy Six Thousand Two Hundred Fft (76,250) 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 Seventy Six Thousand Two Hundred Fifty (76,250) gallons shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time to time for conuxnercial 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 customer's 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. (I) 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 coruiected 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) COMPANY'S potable water supply system will be segregated from any existing and future 3 fire protection system. (M) The total cost for the engineering design and construction of ally 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 furnishing 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 firrnishing 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 La Porte. (R) CITY reserves the fight 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 ureter; 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, perrnit, or permission to install the water main is revoked, of 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. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CI'T'Y will provide COMPANY with written notice of 4 any defects and COMPANY shall have the opportunity to cure 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 (G) 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 term of this Agreement shall expire on , 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 Signature of Company's Authorized Representative Printed Name: Bob Massen Company Representative's Title: Manager Company's Address; 2780 Skypark Drive, Suite 410 Torrance California 90505 ATTEST: Patrice Fogarty City Secretary APPROVED: E Knox W. Askins City Attorney CITY OF LA PORTE Louis R. Rigby Mayor Ron Bottoms City Manager A EXHIBIT "A" to Water Service Agfeement The Water 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 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 Requirements of COAIPANY: 1. Usage of CITY water by COMPANY for purposes other than human consumption (domestic purposes) shall be limited to the following: _Landscape irrigation and fire protection_ 2. COMPANY shall pay to CITY $ Not Applicable as a pro -rata reimbursement for construction of (lie water main serving its property by other parties. Initial for Approval CITY APPROVAL: COMPANY APPROVAL: '/� I 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 DTMT TWO, LLC, A LIMITED LIABILITY CORPORATION 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. CITTY 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 Number of Contract Employees Total on -site Employees Sanitary Sewer Desired for Domestic Use (Total on -site times 50 gpd per employee) Total Amount of Sanitary Sewer Approved For COMPANY (Average Daily Volume, gpd) 50 1] 50 50 X 50 - 2,500 X 85% 2,125 _2,125 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to -wit: (A). COMPANY shall pay to CITY a one -tine administrative connection charge of _5 000_. (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 _ e Two Thousand One Hundred Twenty Five (2,125) gallons per day. This number is based on an average of fifty (50) gallons per employee per day times a factor of 85% established by CITY. (D). The average monthly volume is calculated to be eighty -five percent (85 %) of the average daily volume 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 Sixty Four Thousand Eight Hundred Twelve (64,812) gallons shall be one hundred fifty percent (150 %) of the CITY'S rate as established from time to time for conunercial 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 commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to ftnrnish more than the average monthly volume of _Two Thousand 'One Hundred Twenty Five_ (2,125). 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. (1). 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 steeds 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 amendments 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. (L). The total cost for the engineering design and construction of any sanitary sewer main, 3 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 furnishing 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 furnishing 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 snap 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 4 defects within ten (10) clays 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 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. 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 , . However, this Agreement shall automatically expire at such tine as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination, ENTERED INTO effective the clay of Signature of Company's Authorized Representative Printed Name: Bob Klassen Company Repr'esentative's Title: Manager Company's Address: 2780 Slcypark Drive, Suite 410 Torrance, California 90505 ATTEST: Patrice Fogarty City Secretary APPROVED: Cam/, By: Knox W. Askins City Attorney CITY OF LA PORTE Louis R. Rigby Mayor Ron Bottoms City Manager 6 EXHIBIT "A" to Sanitary Sewer 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 (lie Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: 1. Usage of CITY sewer by COMPANY for purposes other than human consumption (domestic purposes) shall be limited to the following: No uses except domestic use. 2. COMPANY shall pay to CITY $ not applicable 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: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2010 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: • Ordinance for IDA • Industrial District Agreement • Ordinance for Water & Sewer Service Agreements • Water Service Agreement • Sanitary Sewer Service Agreement • 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 North Bayport Industrial Park II, Ltd. has approached the City for water and sanitaiv sewer service to its site at 10220 New Decade Drive in Bas -port North Industrial Park II, located in the Bas -port Industrial District (see Area Map). Super Products, a truck- mounted vacuum equipment sales & rental company, will occupy the facility and bring 3 to 5 new jobs to our area. Council has approved a policy to provide water and sanitaiv sewer service to companies located outside the city limits and within the City's industrial districts (ETJ). These companies are required by the policy to execute and maintain a current Industrial District Agreement (IDA) with the City. North Bas -port Industrial Park II, Ltd. desires to obtain water and sanitaiv sewer service from the City under the terms of this policy. As part of this request, the company has executed a new IDA for the subject property which has been divided from a larger parent tract under an existing IDA. Based on the company's stated demand for domestic uses, the average daily volume for potable water and sanitaiv sewer is 2,500 gallons per day. Under the terms of the policy, the applicant will pay one and one -half (1 -1/2) times the City's current utility rate for service. Additionally, North Bas -port Industrial Park II, Ltd. is subject to a one -time administrative fee of $5,000 associated with each of its agreements for which payment in the amount of $10,000 has been received. The terms of the company's Industrial District Agreement, Water Service Agreement and Sanitaiv Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the Water Service & Sanitaiv Sewer Service Agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right of termination. Action Required by Council: Approve an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitaiv Sewer Service Agreement with North Bas -port Industrial Park II, Ltd. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2007 -IDA -124 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK Il (2), LTD, A TEXAS LIMITED PARTNERSHIP (10220 NEW DECADE) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 . North Bayport Industrial Park 11 (2), Ltd, a Texas Limited Partnership (10220 New Decade) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 22 "d day of August 2011. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney 2 NO. 2007..IDA���� STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY ", and Kpq_ ;T pusC}tlKI- p a TeyA6 U m(Teo VMTKVZ54(P hereinafter called "COMPANY ", W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, 'texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No, 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas ", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas ", hereinafter collectively called "District ", such Ordinances being in compliance with the Municipal. Annexation Act of 'texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit 'FA" (hereinafter "Land " ) ; and said Land being more particularly shown on a plat attached as Exhibit "B ", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FINAL, DRAVTt November 1, 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contailied herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: 0 City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an' industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and - guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon, provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and /or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air.' Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. Ii. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property "); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of ,Sec. 1.1.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxes" hereunder. B. On or before the latex of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of O'anuary 1st of the current calendar year ( "Value Year ") . C. Company and City agree that the following percentages ( "Percentage Amount ") shall apply during each of the Value Years: Value Year 2008: G2% Value Year 2009: G2% Value Year 2010: 624 Value Year 2011: G2o Value Year 2012: G 2 9 6 Value Year 2013; 62% Value Year 2014: G3o Value Year 2015: 63% Value Year 2016: 630 Value Year 201.7; 630 value Year 2018; 63%s Value Year 2019: 6 3o Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of . 3 1, Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this ,Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies) , had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) on any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation) , for each Value Yearg following completion of construction in progress, an amount equal to Twenty -five percent (250), if construction is completed in Value years 2008 through 2013; and Twenty percent (20!s), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District , Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20 %) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i, at least Five percent (59.-) of the total appraised value of Land and improvements, on January 1, 2007; or ii, a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory) , oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District, 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1--j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1 -n, of the Texas Constitution and Section 11,253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company require the City Company's Property hereto. Emergency police, and public acknowledge circumstances might to provide emergency services to described on Exhibit " A " attached services are limited to fire, works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of LIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on.the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall, terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994 V. This Agreement may be extended for an additional period or periods by agreement between City and Company and /or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A, In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unann,exed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Farris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final. judgment of a court of competent Jurisdiction, or as the result of other final conclusion of the controversy, then within thirty (34) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B, Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article IT above (which shall be given in writing to Company), Company shall, within twenty (24) calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (34) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator ") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration ", Texas Civil practice and Remedies Code) . Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees, VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force, Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and whale this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace.the more favorable terms of such agreement or renewal agreement. X. The part�.es. agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, oentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any .court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application,'invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. X11 , Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte; City Manager City of La Porte 504 West Fairmont Parkway Spa Porte, TX 77571 To Company lyo RD4 l A IROVSrR(AL VM(K - _ L: J (COMPANY) Attention: C (4 REYf(o 27 8o P RK 09 501TE 'f•tv ` oRRAKM. _ GA a OSOS_____ Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 3., of any changes to the following information: 9 Name; C A AIq ..... ReyNo� 0 S Address: X780 5 K N • ��t�rka µro T ORMNce , C "05 Phone: 3(0 32(o LP Fax: _ i(d 326 ! ! Email CR4t Tuf'r-L(. COM Tax Agent /Billing Contact Name : R�rc. yhf5 Address: )'�txl 5�YR4 �z��,�� 5 r i't�_0 �it�AuG (am_ -1 Phone; (3r 32(e, W 4�'7 �O Fax: t'30 37L- Email : <k�'i1C? 'i kA�Ll .cb - i ENTERED INTO effective the 1st day of January, 2008. ATTEST: City Secretary APPROVED; By: Name Title; Address: By: By: Knox W. Askins City Attorney City of La Porte P.O. Doc 1218 La Porte, TX 77572 -1218 281.471.1886 281.471.2047 fax knoxaskinsocotncast.net 10 CITY OF LA PORTE Louis Rigby Mayor Ron Bottoms City Manager CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 C Gjtyd/nrj STATE OF 'T4Y-AW L aej r COUNTY OF r This instrument was acknowledged before the on the fs+ day of J - U1N , 2Ol1 r by i]�a�_._Z. L r N of 1rnAv.Ctq i fqpt _L corporation, a 0 corporation, on behalf of said entity, N Kfq[ NAEL LEATI RS COMM. #1908588 rh 4 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. Expires Nov. 13, 7.814 STATE OF TEXAS r COUNTY OF HARRIS Notary Public, State of / This instrument was acknowledged before we on the day of 20_, by Louis Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. Notary Public, State of Texas 11 "EXHIBIT A" (Metes and Bounds besca:ipt.on of Land) 12 METES AND BOUNDESCRIPTION OF 2.5458 ACRES OF LAND OUT OF RESTRICTED RESERVE "F" BAYPORT NORTH INDUSTRIAL. PARK 11 FILM CODE NO. 625094, HCMR HARRIS COUNTY, TEXAS All that certain 2.5458 acres (110,897 square feet) of land out of Restricted Reserve "F ", Bayport North Industrial Park 11 according to the plat thereof recorded at Film Code No. 625094, of the Map Records of Harris County, Texas, out of the William Jones Survey, A -482, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 518" iron rod with cap marking the northeast corner of said Reserve "F "; Thence, S 87 22' 51" W — 74.46', with the north line of said Reserve "F ", to a set 518" iron rod with cap for the POINT OF BEGINNING of the herein described tract located in the west line of the 20' Harris County Drainage Easement according to the plat of Bayport North Industrial Park 11 thereof recorded at Film Code No. 625094, of the Map Records of Harris County, Texas; THENCE, S 01 54' 20" E — 354.80', with said west line of said 20' Harris County Drainage Easement and it's extension, to a set 518" iron rod with cap for corner located in the south line of said Reserve "F "; THENCE, S 87 27' 55" W — 310.58', with said south line of Reserve "F ", to a set 518" iron rod with cap for corner, THENCE, N 02 37' 09" W — 354.31', to a set 5/8" iron rod with cap for corner located in the north line of said Reserve "F" common with the south right -of -way line of New Decade Drive (60' Wide at his point); THENCE, N 87 22' 51" E — 315.00', with said north line of said Reserve "F" common with the south right -of -way line of New Decade Drive, to the POINT OF BEGINNING of the herein described tract and containing 2.5458 acres (110,897 square feet) of land, more or less. Compiled from a survey by; Prejean & Company, Inc. March 9, 2011 256- 4 -32.mb "EXHIBIT Big Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 PX0(61T B -- . —❑ o h - — - 000 -YR 1 73 63 50 BASE FLOOD ELEVATION= 19.00 4 n P -L L nss , 10.00 ,P 3000 2 NOTES: _ -- _ � � i l F.F.E. 21.40 I 1. SEE SHEET 17 FOR OVERALL PAN AND DRAINAGE AREA MAP. 2. SEE SHEET 16 FOR SITE SURVEY. - - 3. SEE SHEE ' 15 8A AND 189 FOR PLAT. D _ r , .S 0 0 o II - 1oo.oG 1200 — _ W, R.� T� rrs 7NV OrrF,vs r 4.00 p IN dJLa RR 2 usFDON a n7 a 7 RLE OF s Vhu r69r Sra >!'/ swE�3 35 00 - 50.00 /,41 o✓ c, rf wo2K Pit oPCS.'D, 50.00 o ❑ - - -- o F. F.E. 21.40 - -- o SP 75.G1 40.00 �I And AT &T LEASE SITE o SEE SHEET, IS 215.05 �� - M 53.94 - A81 S 87" 27' - 55 V/ 310. 8 1 o- � 11;� S FXIST 6L SIM. SWR. - - TO BAY PORT NORTH INDUSTRIAL PARK DE' 81BASIN. SEE SNEET 1J PER EXISTING BASIN J19� \wf i , &cASSC)C M TES ®- NGI JEERING, SUPER PRODUC S, LLC 10220 NEW DECA IE DRIVE I.. PASADENA, TEXA' 77507 SITE DIMENSIO J PLAN JAC JOB$: . 5021 -1114 ', DRAWING SCALE ' DRS : 1" RT 'EE / OF O No: `1' '� 4 . — — — — _ — — - -- � 1MAN o — _— N - — — — o « 4 — l BENI pwa�� OPvu6 Pm�wP�ri � � ,� I YFU - - E i P P�` / (w Pd E. /P.U.S.f 1 E E%V� z N { E D NEW DECADE N D, AND � -sTm. eNHCLE E EL THE NORTH SIDE OF NEW DEC / D N HZ' 22 51 L 315.OG , ,. � F - - -- - — z t-F.� S -- _l�I L LOOD LAIN FO M1�s - _3v 5 30.0 0. 0 — S ST, _ S SUBJECT SITE IS LOCATED IN SHAD _D ZON= 'X ". FIRM PANEL N. - 8201CO940L DATED. JUNE 78, 2007 I _ 5 54.85 E E3 I I : 1 100 YR BASE FLOOD ELEVATION 1600 -L L nss , 10.00 ,P 3000 2 NOTES: _ -- _ � � i l F.F.E. 21.40 I 1. SEE SHEET 17 FOR OVERALL PAN AND DRAINAGE AREA MAP. 2. SEE SHEET 16 FOR SITE SURVEY. - - 3. SEE SHEE ' 15 8A AND 189 FOR PLAT. D _ r , .S 0 0 o II - 1oo.oG 1200 — _ W, R.� T� rrs 7NV OrrF,vs r 4.00 p IN dJLa RR 2 usFDON a n7 a 7 RLE OF s Vhu r69r Sra >!'/ swE�3 35 00 - 50.00 /,41 o✓ c, rf wo2K Pit oPCS.'D, 50.00 o ❑ - - -- o F. F.E. 21.40 - -- o SP 75.G1 40.00 �I And AT &T LEASE SITE o SEE SHEET, IS 215.05 �� - M 53.94 - A81 S 87" 27' - 55 V/ 310. 8 1 o- � 11;� S FXIST 6L SIM. SWR. - - TO BAY PORT NORTH INDUSTRIAL PARK DE' 81BASIN. SEE SNEET 1J PER EXISTING BASIN J19� \wf i , &cASSC)C M TES ®- NGI JEERING, SUPER PRODUC S, LLC 10220 NEW DECA IE DRIVE I.. PASADENA, TEXA' 77507 SITE DIMENSIO J PLAN JAC JOB$: . 5021 -1114 ', DRAWING SCALE ' DRS : 1" RT 'EE / OF O No: `1' '� 4 . "EXHIBIT C" Page 1 of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall. be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions Qt One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right --of. -way. �t Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area, �t One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of --way. Qt Freestanding identification si.gns for multiple businesses shall. not exceed 350 square feet. St Freestanding identification signs shall not exceed 45 feet in height. c� Minimum setback for sign construction shall. be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques; a) Leaving in place existing trees, vegetation, underbrush, etc, to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual. screen. 14 "HXHIBIT C" Page 2 of 3 b) The use of earthen berms with approximately 3:1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover, All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10 wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (50 landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. "EXHIBIT C" Page 3 of 3 4. Driveways opening from said strap of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate - acceleration /deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City, 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 NORTH BAYPORT INDUSTRIAL PARK II, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTS FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWy AND PROVIDING AN EFFECTIVE DATE HEREOF. HE 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 By: ATTEST: Patrice Fogarty City Secretary Louis R. Rigby Mayor � � I STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE WATER SERVICE AGREE IVIENT 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 NORTH BAYPORT INDUSTRIAL PARK II, LTD, A TEXAS LIMITED PARTNERSHIP 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 (late 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 -Tirne Employees on site 50 + Number of Full -Titne Contract Employees on site = Total On -Site Full -Time Employees Potable Water Approved for Domestic Use (Total on -site Employees tithes 50 gpd per ernployee) I 50 2500 Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd) 2500 IV. 2 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 $5,000 (B) The total amount of potable water approved to COMPANY is established at Two Thousand Five Hundred (2,500) gallons per day. This number is based on an average of fifty (50) gallons per employee per clay as established by CITY. (C) The average monthly volume of Seventy Six Thousand Two Hundred Fifty (76,250) gallons is established by multiplying the average daily volurne 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 Sevent Six Thousand Two Hundred Fitt (76,250) gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (I✓) 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 Seventy Six Thousand_ Two Hundred Fifty (76,250) 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 neap 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. (I) 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 connected 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. 3 (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, ureter 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 furnishing 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 limes 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 fight 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 rneter; service lines from the main to the ureter; 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 teeter. 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. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms { 4 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) calendar days from date of written notice by CITY may result in termination of Agreement. CITY shall have the right to sunnnarily 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 , 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 Signature of Company's Authorized Representative Printed Name: Bob Klasscii Company Representative's Title: Manager Company's Address: 2780 Skypark Drive, Suite 410 Torrance California 90505 5 ATTEST: Patrice Fogarty City Secretary APPROVED: By: Knox W. Askins City Attorney CITY OF LA PORTE Loris R. Rigby Mayor Ron Bottoms City Manager C�1 EXHIBIT " A " to Water Service Agreement The Water 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 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 Requirements of COMPANY: t. Usage of CITY water by COMPANY for purposes other than human consumption (domestic purposes) shall be limited to the following: Landscape irrigation and fire protection_ 2. COMPANY shall hay to CITY $ Not Applicable as a pro -rata reimbursement for construction of the water main serving its property by other parties. Initial for Approval: CITY APPROVAL: COMPANY APPROVAL: I STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE SANITARY SEWER SERVICE AGREE IVIENT 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 NORTH BAYPORT INDUSTRIAL PARK II, A TEXAS LIMITED PARTNERSHIP 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 Number of Contract Employees Total on -site Employees Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) Total AMOUnt of Sanitary Sewer Approved For COMPANY (Average Daily Volume, gpd) 50 0 50 50 X 50 — 2,500 X 85% 2,125 2,125 IV. CITY has determined that adequate' facilities are available to allow CITY to furnish 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 _5 000 . (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 _Two Thousand One Hundred Twenty Five — (2,125) gallons per day. This number is based on an average of fifty (50) gallons per employee per day tunes a factor of 85 % established by CITY. (D). The average monthly volume is calculated to be eighty -five percent (85%) of the average daily volume 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 Sixty Four Thousand Eight Hundred Twelve (64,812) gallons shall be one hundred fifty percent (150%) of the CITY'S fate 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 fate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to finrnish more than the average monthly volume of _Two Thousand One Hundred Twenty Five_ (2,125). Repeated sanitary sewer delivery greater than the established average monthly volume may result in termination of service. (II). 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 LaPorte. (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 amendments 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 tufnishing 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 fight to inspect any and all work related to the fiu•nishing 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 shoving the total acreage of the tract including present and propose(] improvements and a suitable location map of the site. COMPANY'S development project may be subject to certain additional rcquircmcnts 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, of replacement. VII. CITY reserves the fight 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 4 any defects and COMPANY sliall 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 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 flee parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The terns of this Agreement shall terminate on , However, this Agreement shall automatically expire at Stich 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 Signature of Company's Authorized Representative Printed Name: Bob Klassen Company Representative's Title: Manager _ Company's Address: 2780 Skypark Drive, Suite 410 Torrance, California 90505 S ATTEST: Patrice Fogart)T City Secretary APPROVED: r Knox W. Askms City Attorney .0 CITY OF LA PORTE Louis R. Rigby Mayor Ron Bottoms City Manager 0 EXHIBIT "A" to Sanitary Sewer 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 tine following additional requirements as set forth below. Additional Requirements of COMPANY: I. Usage of CITY sewer by COMPANY for purposes other than Duman consumption (domestic purposes) shall be limited to the following: No uses except domestic use. 2. COMPANY shall pay to CITY $ not applicable 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 August 22, 2011 7. AUTHORIZATIONS (a) Consider approval or other action authorizing the City Manager to accept a Change Order to the contract with Paskey, Inc., for de- silting ditches — J. Garza (b) Consider approval or other action authorizing the City Manager to execute an Interlocal Agreement between the City of Morgan's Point and the City of La Porte regarding water and drainage projects along East Main Street — J. Garza (c) Consider approval or other action authorizing an expenditure by the La Porte Economic Board in connection with award of contract for directional signage — S. Osborne ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Change Order Appropriation Source of Funds GEN 957 Account Number: 050- 9892 - 957 -1100 Amount Budgeted: S0.00 Amount Requested: S22,196.00 Budgeted Item: _YES X NO SUMMARY The De- Silting Ditches contract with PaskeyT, Inc., in the amount of $691,281.19 included $50,000 for unforeseen expenses; however net changes are anticipated to be $72,196.00 for a net increase of 10.44 percent. The Change Order presented for approval includes quantity* adjustments to: • Compaction of Side Slopes from 1,500 LF to 6,700 LF equal to $15,548.84. The increase of Compaction of Side Slopes was added to account for an increase of on -site spoil disposal. • HyTdromulch seeding quantity* from 4.0 AC to 9.10 AC equal to $6,646.01. The increase to the Hvdromulch seeding quantity* was added to seed the Pecan Crossing Detention Pond. 6.5 Foot Concrete Lining from 51310 SY to 54,830 SY equal to $14,632.80. The additional Concrete Lining was added to properly* drain the Pecan Crossing Detention Facility*. Also included in this change order is an additional item for Off -Site Spoil Disposal in the amount of 213 Loads at a unit cost of $20.00 per load equal to $4,260.00. The $50,000 contingency* included in the contract was used for the following items: a. 12" Waterline Offset at L St $15,612.70 b. Replace 54" RCP at L Street $ 7,987.20 c. Extend 54" culverts at L Street $11,958.00 d. Offsite Spoil $ 8,760.00 e. Relocation of B106 -06 Channel $ 3,930.00 f Prior quantity* adjustments $ 1,752.10 Staff will account for these additional funds from the Brookglen Detention Pond and Sheet Flow Relief Structures contingency*. The Brookglen Detention Pond and Sheet flow Relief Structures contingency* funds include $14,904.20 and $ 46,085.80 totaling $60,990.00. The Brookglen Detention Pond Contract is anticipated to be completed with insignificant changes and staff will manage the Sheet flow Relief Structures contract to insure net changes do not exceed the remaining $38,794.00 in contingency*. Action Required by Council: Authorize the City* Manager to increase the contract amount with PaskeyT, Inc. from $691,281.19 to $713,477.19 for a net change of $22,196.00. Approved for City Council Agenda Ron Bottoms, City Manager Date CHANGE ORDER No. 4 PROJECT: Desilting Ditches 2010 OWNER: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 , CONTRACTOR: Paskey IncoKporated 10406 Spencer Highway, Suite A La Porte, Texas 77571 CONTRACT FOR: You are hereby directed to make the following changes in the Contract Documents: Description: DATE OF ISSUANCE: 8 -9 -11 OWNER'S PROJECT NO. 2010 -4805 • Increase unit quantity for line item "Compaction of Side Slopes" from 1,500 CY to 6,700 CY at a unit price of $2.99/CY - $15,548 C Increase unity quantity for "Hydro -mulch Seeding" from 4 acres to 9.10 acres at a unit price of $1,303,14 /acre — $6,646.01 • Increase unit quantity of "6.5' Concrete Liner in Ditch Bottom" by 3,120 SF to account for Phase 11 of detention pond improvements at Pecan Crossing at a unit price 4$4.69/SF - $14,632.80 • Add line item for hauling off excavated material, Quantity of hauled excavated material is 213 loads at $20/Ioad - $4,260.00 Purpose of Change Order: As stated above, more dirt was excavated off the side slopes in order to increase the conveyance capacity of the existing channels. Also, excavating out this excess material resulted in a more gentle side slope for easier maintenance. The result is reflected in the above quantity increases. In regards to the increase in 6.5' Concrete Liner, this was the result of an agreement between the City and the Homeowner's Association. We intended to do this work under a separate contract but given the unit cost provided by the Contractor and the recent increase in material costs, Staff felt it would be more beneficial to have a cost overrun in this phase. Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $691,281.19 210 days Previous Change Orders Net Change from Previous Change Orders - ($18,890.81)- -0- Contract Price prior to this Change Order Contract Time prior to the Change Order $672,390.38 210 days Net Increase Demme of this Change Order Net Inerease (Decrease) of this Change Order $41,086,81 0 days Contract Price with all Approved Change Orders Contract Time with all Approved Change Orders $713,477.19 210 days RECOMMENDED: APPROVED: APPROVED: By: By: By: Engi eer Owner Contractor REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Interlocal Agreement Regarding Water Line Appropriation Source of Funds GEN 957 Account Number: 050- 9892 - 957 -1100 Amount Budgeted: 5500,000.00 Amount Requested: 525,730.00 Budgeted Item: A YES NO SUMMARY The City of La Porte proposed to install approximately 1,700 LF of 6' X 4' Box Culverts along East Main Street from Caroll Street in La Porte to Bob's Gully in Morgan's Point. The City of Morgan's Point is currently under contract to install a waterline across East Main Street that will be in conflict with the proposed 6' X 4' Box Culverts. It is in the City of La Porte's best interest to coordinate installation of the proposed waterline to avoid a future conflict. The cost to redesign and construct the proposed waterline to avoid conflict is $25,730.00. Action Required by Council: Authorize the Mayor to execute an Interlocal Agreement between the City of Morgan's Point and the City of La Porte. Approved for City Council Agenda Ron Bottoms, City Manager Date INTERLOCAL AGREEMENT REGARDING MAIN STREET WATER AND DRAINAGE PROJECTS STATE OF TEXAS § COUNTY OF HARRIS § This Agreement is made and entered into this 5 day of ,�� r , 2011 between the CITY OF LA PORTE, Texas (hereinafter "LA PORTE ") and the CITY OF MORGAN'S POINT, Texas (hereinafter "MORGAN'S POINT ") Pursuant to the authority of the Texas Interlocal Cooperation Act, codified as Chapter 791, Texas Government Code, providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the mutual promises contained herein, agree as follows: I. The purpose of this Agreement is to outline the water and drainage projects proposed by the parties, and establish the responsibilities for payment of costs associated with the installation of drainage improvements along Main Street, from Carroll Street in La Porte to Bob's Gully in Morgan's Point, The governing bodies of each party find that this Agreement is necessary for the benefit of the public and that each parry has the legal authority to perform and provide the governmental function which is the subject matter of this Agreement; furthermore, the governing bodies find that the performance of this Agreement is in the common interest of both parties; and that the cost fairly compensates the performing party under this Agreement. II. A. LA PORTE proposes to install approximately 1,700 feet of drainage pipe along Main Street from Carroll Street in La Porte to Bob's Gully in Morgan's Point, beginning on or about December, 2011 (the "Drainage Pipe Project "). MORGAN'S POINT proposes to install a water main across 1 Main Street on or about IAugust, 2011 (the "Water Main Project"), which will be completed several months before the Drainage Pipe Project. The parties agree that the projects will overlap and that the Drainage Pipe Project necessitates alterations to the design and construction of the Water Main Project, which will increase the costs of completion for MORGAN'S POINT. The parties fiirther agree that these are costs associated with the Drainage Pipe Project, and would not be required of the Water Main Project as originally designed. The parties agree, therefore, that the additional costs for the Water Main Project should be absorbed by LA PORTE. To accommodate the Drainage Pipe Project, it will be necessary for MORGAN'S POINT to lower and encase the water main to accommodate the drainage line. The Change Order and related costs that will be incurred by MORGAN'S POINT will total TWENTY -FIVE THOUSAND, SEVEN - HUNDRED, THIRTY AND NO /100THS DOLLARS ($25,730.00). III. A. LA PORTE agrees to reimburse MORGAN'S POINT in the amount of $25,730, for the materials, equipment and services required by the change order for the Water Main Project, which shall be due and payable within thirty (30) days after the execution of this Agreement. B. LA PORTE further agrees to pave and restore the intersection of Main Street and Wilson Street, located in Morgan's Point, at LA PORTE's expense, within 30 days of the completion of the Drainage Pipe Project. C. Should the Change Order and related expenses come in at less than anticipated, MORGAN'S POINT shall reimburse LA PORTE the difference, due and payable within thirty (30) days after _. .... ... ... ....... ......... ..... _ ..... - ......... .. ......... completion of the Water Main Project. D. The parties understand and agree that construction projects of this nature are often uncertain and the Change Order is based on anticipated analysis that there are no factors that would delay, obstruct, or require additional work on site. Should field conditions reveal and require unanticipated work to accommodate LA PORTE's Drainage Pipe Project, MORGAN'S POINT may submit additional invoices to LA PORTE for the necessary work ( "Contingencies "). MORGAN'S POINT will keep LA PORTE advised of any factors necessitating additional work discovered during the construction and provided the opportunity to review the need for the additional work or cost and reasonableness of the cost. IV. The city councils of LA PORTE and MORGAN'S POINT have reviewed and approved this Agreement. Payments hereunder shall be from LA PORTE'S current revenues, and LA PORTE specifically provides that the LA PORTE city council has budgeted hinds, or that funds are available from another source, for the completion of this project, including Contingencies. This Agreement shall take effect upon execution by both signatories. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. ATTEST: City Secretary CITY OF LA PORTE Mayor 3 CITY OF MORGAN'S POINT By: Milo Strickland, Mayor ATTEST: Jenny Redden, TRMC City Secretary REVUES YOR Ul I Y U01 Agenda Date Requested: 8/22/11 Requested By: Stacey Osborne Department: CMO Report: _ Resolution: _ Ordinance: Exhibits: Presentation: La Porte Sianaae and Locations ADS Custom Signs, Inc bid ADS Custom Signs References Quote for Directional Signage #1118 INCIL AGENDA ITEM Appropriation Source of Funds: Capital Improvement Account Number: 015- 9892 - 992 -11.00 Amount Budgeted: S75,000 Amount Requested: S36,645 Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the meeting of the La Porte Economic Development Corporation (EDC) on August 1, 2011, staff presented two bids for directional signage. The bids were the result of a lengthy discussion regarding the design and location of the signs, which are meant to direct out -of -town visitors to specific area locations and attractions. A presentation showing the final sign design selected and the locations where the signs will be placed is included with this agenda request, and will be presented to Council as part of this item. The City received two bids in response to the bid request. The EDC elected to award the bid to ADS Custom Signs, Inc. A summary of ADS's bid proposal is included below; the actual bid and references are attached, as well as the original RFP sent from the Purchasing Department. ADS Custom Signs, Inc. Total Bid: $36,645.00 Cost Per Sign (one- sided) $3,015.00 (5 signs) Cost Per Sign (two- sided) $3,595.00 (6 signs) After design expenses, $63,500 is available for the sign purchase and installation. Staff recommends that Council accept the EDC Board's recommendation and award the bid to ADS Custom Signs, Inc. Action Required by Council: Consider awarding a contract for directional signage to ADS Custom Signs, Inc. Approved for City Council Agenda Ron Bottoms, City Manager date Final am Final design selected by the EDC Board of Directors • Design is a standard design, easily replicated by sign companies • Winning bid was from ADS Custom Signs, Inc. 2'-6" X 0,125 SQUARE ALUMINUM POST ALUMINUM ANGLE WELDED TO POST 0.25 TH ICK ALU M I NU I\A PLATE CUSTOM PERFORATION THICKALUMINUM PLATE ATTACHED WITH STAINLESS STEEL S TANDOFFS ...... .... TOP VIEW SINGLE FACE AND DOUBLE FACE am pf4' �° Specifications from ADS Custom Signs, Inc. r 0 U 0 J Locat'i'ons 1 9 Locat'i'ons 1 ME= Locat'i'ons 7 ME= m City of La Porte Way6ding Signage Clark Condon Associates, Inc. 02-22-11 LOCATION I I�� I I willwoun mg <- MAIN sTpEET POINTS W 'jk Main Street l Main Street a -*I-- K ain Street 2 West Fate City of La Porte Way6cing Signage Clark Condon Associates. InCr 02-22-11 LOCATION 2 2 East Face Al 6 2 EC City of Lam de wayfi'118ng signage C6,k Condon Associates, Inc. 02-22-11 LOCATION 3 al ---------------------------------------- = !10-1m �M > WAVE POOL 4 SOFTBALL <- SYLVAN BEACH <- GOLF COU <- BULLDOG STAD 4 BALLFIELDS 4.2 Ml City of Lam de wayfi'118ng signage C6,k Condon Associates, Inc. 02-22-11 LOCATION 3 al ---------------------------------------- = !10-1m �M > WAVE POOL 4 SOFTBALL 4 SYL AN B EAC 14 GOLF COUPSC BULLDOG STADIUM <- BALLFIELDS 4.2 MILE. SOFTBALL SYLVAN BEACH GOLF COU•SE BULLDOG STADIUM City d La Porte Way;nding Signage Clark Condon Associates, Inc. 02-22-11 LOCATION 4 LA P 4 POO P City d La Porte Way;nding Signage Clark Condon Associates, Inc. 02-22-11 LOCATION 4 Q X �W er • 56 0 I- co , ME -------------------------------------------------------------- - - - - LA, POPTE t SYLVAN BEACH COUPSE III WAVE POOL CITY HALL -------------------------------------------------------------- - - - - LA, POPTE t FIVE POINTS MAIN STPEET BULLDOG STADIUM WAVE POOL ■ SYLVAN BEACH W 2 r'l I f 0110 Kolm! R1 City of La Porte Wayfinding Signage Clark Condon Associates, Inc. 02-22-11 LOCATION 5 MAIN STPEE m wagol ------------------------ 4 — ---------------------------------------------------- FIVE POINTS "I'l""I'll""I'll'll, 'll""I'll""I'll",ll,"'I MAIN STPEEIT BULLDOG STADIUM WAVE POOL ■ GOLF r'l I f 0110 Kolm! R1 City of La Porte Wayfinding Signage Clark Condon Associates, Inc. 02-22-11 LOCATION 5 MAIN STPEE A !1 m I FIVE POINTS I TtMAIN STPEET LA POPTE 61- Nortk WE LCOME TO Face SYLVAN BEACH N 66 Sylvan Beack 1� West Fairmont City of La Porte way6ding Signag(? Clark Condon Associates, Inc. 02-22-11 LOCATION 6 N m U. —7 D West Fairmont 7 West Face ■ BALLFIELDS WAVEPOOL SOPTBALL SYLVAN BP-ACW G 0 LF C 0 U PSE 4 , BULLDOG STADIUM t CITY HALL City of La Porte Way6cling Signage Clark Condon Associates, Inc. 02-22-11 LOCATION 7 103 k . ., + * �of � �11 11111r�iIIIIIII IIIIJI11 IlIIIIIIIIIIIII 11111111111111111111111111111111 11111111111111111l IIIIIIIIIII pi 11 Ill Jill 11111 b1co' I a I Name (p ease pn t) SignatuIre VU Date RREM.1 rswwouol� Fax Nu ry A] Authorized Printed ,Date: �-Umr -wtvr t.UN I ACT PHONE EMAIL. � NAME NAME ADDRESS NU IBER ADDRE i "", , o P 1 P O RT E, CITY OF LA TO: CITE' OF LA PORTE FROM COMPANY • � {�A � Jt� � c , 2963 N. 23RD STREET ADDRE 5, t LA PORTE, TX 77571 CITE' S TATE/ZIP PHONE E-MAIL es i 5 E MIT D ES CRIPTION QTy PRICE PRICE 1, One - Sided Directional Signs 5 � � 01a j 675- OD . T - Sided Directional Sig 6 S 3 5i Sit, 5 7b, oo f O Concrete Brea ° r: F ° po st �! x •� IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL, EQUIPMENT, AND/OR WORK SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFIC DA YS, A CONFLICT OF; INTEREST QUESTIONNAIRE For vendor or other person doing business vAth local governmental entity This questionnaire reflects changes made to the law by 1-1.13, 1491, 80th Leg., Regular Session, This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176, 001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176-006, Local Government Code- A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity, I lac- f Check this box if you are filing an update to a previouslyfiled questionnaire. Date Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire: becomes incomplete or inaccurate.) Name of local government officer with mthom filer has employment or business relationship. This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176,001 (1 -a), Local Government Code, Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? El Yes F7 No B Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? EJ Yes E] No r— Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or mom-7 El Yes El No D. Describe each employment or business relationship with the local government officer named In this section. Signature of person J-12-Z-L- entity Date Adopted D612912007 ----3"X 0,125S QUA RE ALUMINUM POST ALUMINUI\PfANCLEVAJELDEDTO POST THICK ALUMINUPA PLATE CUSTOM PERFORATION THICKALUMINUM PLATE ATTACHED WITH S TAINLESS STEEL S TAkNDCFFS TOP VIEW SINGLE FACE AND DOUBLE FACE ZR5, Simon, Shelly From: Jackson, Isabel Sent: Friday, July 22, 2011 11:47 AM To: Simon, Shelly; Osborne, Stacey Subject: FW. REFERENCES - Directional Signage (3).doc Please see below, references for Directional Signage. Thank you Isabel ......................... .. From: Sherry Trainer Fma !Ito r-or Sent: Wednesday, July 20, 2011 5.10 PM To: Jackson, Isabel Subject: REFERENCES - Directional Signage (3),doc Sorry about that QUESTIONS FOR VENDOR REFERENCES QUOTE #1118 - DIRECTIONAL SIGNAGE VENDOR: ADS CUSTOM SIGNS, INC. 1, Have you used this vendor within the past two years? If not, when? Yes 2, What type of signs did this vendor provide and was it indoors or outside? Did it go on a building or on a post by the street? Outside Stand alone 3, Did the vendor install the signs properly and within all state (TXDOT) and local requirements? Yes 1 4. How long ago did it take for the vendor to perform this job? The sign was installed in 2008 5. How would you describe the quality of materials used? Were they what you expected and hold up to wind and rain? Did they fade? It is a beautiful sign and it was just as I had expected. 6. Did the original plans and drawings accurately reflect the final product? Yes 7. Was the project completed on time and within budget? Yes 8. Were there any problems with this vendor and if so, were they resolved in a timely manner? f►G. 9. Would you use this vendor again? If not, why? Yes S. On a scale from 1 to 10, how pleased are you with the overall project? 10 6. Is there anything additional Information you would tike to add? This company does what they say they are going to do. Reference Company_ Pasadena Chamber of Commerce Contact Name. Sherry Trainer Phone Number 281 -487 -7871 QUOTE #1118 - DIRECTIONAL SIGNAGE CITY OF LA PORTE NOTICE TO BIDDERS Quotes shall be submitted including one (1) marked original and one (1) duplicate on the original forms and clearly marked with quote number and description. Quotes will be received at the Purchasing Office 2963 N. 23 Street, La Porte, TX, 77571 until Tuesday, July 19, 2011 at noon. Forms furnished by the City of La Porte may be obtained without deposit from: The City of La Porte hereby notifies all bidders that in regard to any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The City reserves the right to reject any and /or all bids, to waive any and all technicalities and to accept any bid or part thereof, which in the opinion of the City Council, is most advantageous to the City of La Porte. In case of ambiguity or lack of clearness in stating the prices in the bid, the City reserves the right to consider the most advantageous bid thereof or to reject the bid. CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this proposal. All items proposed and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this bid. Responder understands that the Owner reserves the right to reject any or all offers and to waive any informalities in the proposal. The Responder agrees that this proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time. The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the deadline. Respectfully submitted: Business Address City, State, Zip Code Office Phone Name (please print) Signature Date E -mail Fax Number CITY OF LA PORTE CERTIFICATION BY BIDDER City of La Porte Ordinance #98 -2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281 - 470 -5126. If undersigned bidder is not in compliance with Ordinance 98 -2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non - compliance with said ordinance shall be just cause for rejection or disqualification of bid. The undersigned hereby certifies that it is in compliance with Ordinance 98 -2217. Or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Address: Authorized Signature: Printed Name: Date: CITY OF LA PORTE INSTRUCTIONS TO BIDDERS PROTECTION OF RESIDENT WORKERS The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1 -9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 2. METHOD OF AWARD Contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods specified herein at the best value for the City of La Porte, in compliance with Texas Local Government Code, Chapter 252.043. The City of La Porte reserves the right to select the method in the best interest of the City, as determined by the Purchasing Agent. Best value criteria includes, but is not limited to ➢ All costs including installation, warranty, maintenance, over all life cycle ➢ Quality of the goods or services ➢ Reputation of the bidder or bidder's goods and services ➢ Extent to which goods or services meet the City's needs The City of La Porte Council reserves the right waive any informalities or technical errors, consider alternate bids and award as lump sum, individual basis, or any combination, that in its judgment, will best serve the interests of the City. 3. FUNDING OUT CLAUSE The City of La Porte warrants funds are available to pay for this contract until the end of its current fiscal year and warrants that funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, the City of La Porte may terminate this agreement with thirty (30) days written notice. General Terms & Conditions Continued Page 2 of 3 4. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor. 5. QUALIFICATIONS OF BIDDER At the time of the opening of bids, each bidder will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of their bid. The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 6. LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. The contractor shall be responsible for receipt and payment of any local, state, or federal permits required for bid, if applicable. 7. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. General Terms & Conditions Continued Page 3 of 3 8. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91 -596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 9. CONFLICT ON INTEREST Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter into a contract for the sale or purchase of property, goods or services with a local government entity and who has an employment or other business relationship with a local government officer or a family member of the officer, as described by Texas Local Government Code Section 176.006, shall file a completed conflict of interest questionnaire with the City Secretary within 7 business days after the latter of: 1) the date the person begins discussions or negotiations to enter into a contract, including submission of a bid or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City of La Porte website at www.la ortetx. ov or from the Texas Ethics Commission at www. ethics.state.us Completed conflict of interest forms may be mailed or delivered to the office of City Secretary, 604 W. Fairmont Pkwy,. La Porte, TX 77571. Please consult your own legal advisor if you have questions regarding the statute of this form. 10. SUPPLEMENTAL INFORMATION A. All prices to be F.O.B., Destination, La Porte, TX 77571. Additional freight charges will not be considered. B. The City of La Porte is exempt from all taxes in the State of Texas, including sales tax. A tax - exempt form will be provided upon request. C. Brand names in specifications are strongly preferred; alternates must be approved by city personnel prior to bid opening. D. All exceptions to the specifications and /or brand names must be so stated on the bid. CITY OF LA PORTE QUOTE #1118 - DIRECTIONAL SIGNAGE INTENT The City of La Porte is seeking competitive quotes to complete a turn -key project to furnish and install directional signs at various locations through -out the City of La Porte, TX 77571. The signage, posts, and installation must meet all regulations, including TX -DOT requirements. CONSTRUCTION The signs should closely resemble the design and structure of attached Model Sign Design and Construction. Signs shall be four (4) colors and will be determined by the City at a later date. Signs shall contain the City of La Porte logo as it appears within this quote. Construction shall meet the specifications below: ➢ Sign material — shall be quality, TX -DOT approved aluminum and perforated aluminum, painted with automotive grade paint to ensure weathering and resistant to fading ➢ Letters — shall be exterior grade retro - reflective vinyl ➢ Posts — minimum three inch (Y) square with TX -DOT approved break -away base and ball finial, powder- coated finish ➢ Post length shall not exceed 10' above grade and meet TX -DOT requirements INSTALLATION Successful contractor will be responsible for location of any underground utility lines prior to installation of posts. Contractor will also be responsible for concrete breakout, if required, with installation. PERMITS Prior to the start of work, the successful bidder shall obtain all required permits. City of La Porte permit fees will be waived. CLEAN-UP All materials; tools; equipment etc, shall be removed or safely stored. All safety hazards to workers or the public shall be corrected immediately and left in a safe condition at the end of each work day. REQUIRED CONTRACTOR INSURANCE: Successful CONTRACTOR shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas. CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the CITY OF LA PORTE as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LA PORTE. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate $200,000.00 Personal Injury $100,000.00 Property Damage $100,000.00 Products /Completed Operations $100,000.00 Each Occurrence $100,000.00 Automobile Liability: Combined Single Limit $100,000.00 Excess Liabilit Umbrella Each Occurrence $200,000.00 Each Aggregate $200,000.00 Worker's Compensation and Employer Liability In form and quantities as required by State of Texas REFERENCES Please indicate here, the names and addresses of persons in management capacity for Lessor of any of your operations for reference and recommendation. Failure to complete and submit this form may be cause to disqualify your proposal. COMPANY CONTACT NAME NAME ADDRESS PHONE EMAIL NUMBER ADDRESS COMPANY CONTACT NAME NAME ADDRESS PHONE EMAIL NUMBER ADDRESS COMPANY CONTACT NAME NAME ADDRESS PHONE EMAIL NUMBER ADDRESS If needed, please provide separate sheet with information requested. Please note, email address must be included. OTHER QUALIFICATIONS PROPOSAL TO CITY OF LA PORTE, TEXAS TO: CITY OF LA PORTE 2963 N. 23 STREET LA PORTE, TX 77571 FROM: COMPANY. ADDRESS CITY STATE /ZIP PHONE E -MAIL UNIT EXTENDED DESCRIPTION QTY PRICE PRICE 1. One -Sided Directional Signs 5 2. Two -Sided Directional Signs 6 TOTAL $ OPTIONAL Concrete Break -Out, if required $ /per post THE UNDERSIGNED CERTIFIES TO COMPLY WITH ALL INSTRUCTIONS TO BIDDERS, ATTACHED SPECIFICATIONS, AND OTHER DOCUMENTS INCLUDED IN THIS BID PACKET. FAILURE TO COMPLY MAY LEAD TO TERMINATION OF CONTRACT. IT IS UNDERSTOOD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAL, EQUIPMENT, AND /OR WORK SHALL CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE DELIVERED ON SITE IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS IN DAYS, ARO. PRICING LISTED ABOVE IS F.O.B. DESTINATION, LA PORTE, TX AND SUPERSEDES ANY SUBMITTED DOCUMENTS, NOT PART OF THE ORIGINAL BID PACKET. THE UNDERSIGNED CERTIFIES THE BID PRICE CONTAINED IN THE FOREGOING PROPOSAL HAS BEEN CAREFULLY CHECKED AND IS SUBMITTED IN DUPLICATE AS CORRECT AND FINAL THIS DAY OF , 2011. COMPANY OFFICER (Printed name) OFFICER (Signature) Council Agenda Item August 22, 2011 8. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year which begins October 1, 2011, as approved by adoption of Resolution No. 2011 -1 by the Board of Directors on July 28, 2011 — D. Ladd (b) Consider acceptance or other action of the La Porte Fire Control, Prevention and Emergency Medical Services District's proposed budget for the fiscal year beginning October 1, 2011 — D. Ladd ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Donald Ladd Department: Report: X Resolution: Ordinance: Exhibits: Copy of Resolution 2011 -1 Fire Control District Budget Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested Budgeted Item: YES No SUMMARY & RECOMMENDATION Hold public hearing on the budget plan for the La Porte Fire Control, Prevention, and Emergency Medical Services District as per the Local Government Code Chapter 344 Section 344 -203 through 344 -205. Action Required by Council: 1. Conduct a public hearing; and 2. Consider approval or other action on La Porte Fire Control, Prevention and Emergency Medical Services District Resolution No. 2011 -1, and the District's proposed budget for the fiscal year which begins October 1, 2011, all as approved by the Board of Directors of the District at its meeting of July 28, 2011. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Forte, 'Texas Hire Control District Detail of Expenditures Eglupment for 3rd ambulance Supplies Subtotal $ 1- $- EMS Proposed 1.300 2011 -2012 FIRE FD10 Personal services: 1,195 $ -00 $ '41 1010 Regular Earlungs $ 10,03' $ 61000 -,- 10 0 Overtuile 1030 Certification $ 1,195 1035 Longevity $ -, 00 1044 Clealung Allotivance $ -41 1060 FICA $ 4,590 1065 Retirement $ 10,03- 1080 hisllrance - Medical $ ,- 1081 hisluallce - Life $ 36 1090 Other Benefit, Personal Services Subtotal $ 86,000 - Supplies: X001 Office Supplies $ 1, -00 $ 450 1003 ProtectiveClotllulg $ 43,900 $1,000 1 I 1 1i $ 32,000 [ "Id II'l A!Iiut •eI $ 4.900 E3 l l M10111H $ 1.300 k •� L •n,.nt H•(n,• is $ 3,000 '005 Mmor Tools $ 1.000 $ 300 l ool • I too I, u,,u 1 $ 450 K •� L 'n, .nt ,.G.. , ud 6..1 : $ 550 X006 Clealung $ 800 $ 50 X00- Cllenlical $ 5,000 A •t G ❑N Sol - nU'la $ 1,500 moj� ,• m ,hm, 1111id $ 100 . ••� kdl ai t •n�1�1�,r $ 500 F<xun $ x,800 '009 Medical $ -,400 X015 Other Supplies $ 3,800 $ 350 0111"1" 101 1 1,molt- . 1,; 1 11 $ 1500 $ 100 I = n I 1 aipn , "IA ' q p[tes $ '50 $ 250 F,1 , hd Fi1t •1 $ 1.050 X090 MachmeivToolsEglupment $ 41,000 $ -50 ,.��(• $ 4.500 K•� L 'n,.nt.�i l.tt[• $ �Q,000 $ 11,000 1 $ 5,500 4002 Machmeiv ToolsEgiupment $ 23,000 Feu, 1 o," $ 8.500 ii 1"A o- t and u•pau $ 4,300 1 I I"'r 1 t $ 6,500 F�uu� it 6eI t �,t $ -00 S F', Fott1e ti .iro $ 1,000 fl ",, "Ilk I, tool t rst $ x,000 8021 Capital Eglupment Eglupment for 3rd ambulance Supplies Subtotal $ 1- $- EMS Proposed 1.300 2011 -2012 $ 62,000 $ 1,195 $ -00 $ '41 $ 4,590 $ 10,03' $ -,- $ 36 - $ 86.000 $ 2,150 $ - $ 44,900 $ - $ 1.300 $ 850 $ 5,000 $ -,400 $ 4,150 $ 41, -50 $ 23,000 $ 89,500 $ 89,500 Lu Ch,-J C 1111 , loi, $ 16,500 Stir l:er mf w !.'lulu $ 6.000 CO- XM110n- $ 1,1d, mm m-,Om $ 12,000 V1 IF-' Radii $ 5,500 F adio & ")0 s.eue . $ 4,500 Hn elo Conuol 1 $ 38,000 $ 89,500 $ 110,000 Services & Charges: X019 Trailung Field Supplies $ ll,()()() �—od lol 11001 1 1o1 $ 1,()()() 4,600 H, loo kimi-k $ 900 600 400 1 $ 1,500 30 O Trailung Seminar, $ $1400 $ 1'1 k $ 5,200 $ 1,400 4,398 1 i'll•lighl, $ - ,'00 $ - 00 1,900 I,, ;w J,ol $ 3,000 $ 300 L'-'I hi, $ 1,600 LV H (am "11"'I $ 4,200 $ 600 11"HI 011hl� I $ 1400 $ 1,600 1 500 40'0 Motor Pool Lease Fees $ 303,000 4030 VI\ I Fleet I\ laniteliance Training and Equipment Subtotal $ 336,000 $1400 Capital Outlay $ 11,000 10,600 $ 35,000 $ 303,000 10,600 $ 349,000 , h lol h,mm ' "I:"o I I I er $ 50,000 $ 50,000 Capital Outlay Subtotal $ 50,000 $ - $ - $ 50,000 Division Total S 599,600 $5,300 S 100,100 S 7055,000 • < ■ 444 �r a La Porte. Within 1:0 days after the budget is adopted or deemed adopted by the Board, the Board shall submit the budget to the City Council of the City of La Porte (the "City Councilm). M F INTRODUCED, READ and PASSED by the affirmative vote of the Board of - La Porte _ Control, Prevention, _ • Emergency Medical Services District this 28th da of t ..__ .. President Board of D rectors A 7a-7,7,e, r `T° 'tr My a ar74 Secretary Council Agenda Item August 22, 2011 9. ORDINANCES (a) Consider approval or other action regarding an ordinance amending the 2009 Uniform Plumbing Code — D. Wilmore **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance X Exhibits: Recommendation Memo from Board Exhibits: Ordinance with strikethroughs/highlights Exhibits: Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the recent July 27, 2011 Building Codes Appeals Board meeting, members heard two requests regarding the minimum number of required plumbing fixtures for proposed warehouse /office buildings. The Board considered the requests, received public input, reviewed the Uniform Plumbing Code interpretation and also discussed code requirements regarding this matter. Attached is the Board's recommendation memo. The recommendation is to replace Table 4 -1 from the 2009 Uniform Plumbing Code with the language and table from Chapter 29 (Plumbing Systems) of the 2009 International Building Code. Since Chapter 29 of the International Building Code is already a part of the City's adopted building code, an ordinance was prepared to simply remove Table 4 -1 from the plumbing code. This change will allow individuals to begin utilizing the plumbing table in the building code. If approved, a mailer will be provided to building and plumbing contractors, the information will become part of our plan review notes, and the information will be posted on the city website and in the Inspection Services lobby. Action Required by Council: Consider approval or other action on the ordinance amending the 2009 Uniform Plumbing Code. Approved for City Council Agenda Ron Bottoms, City Manager Date �m To: Honorable Mayor and City Council From: Tom Campbell, Chairman of the Building Codes Appeal Board j CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Tim Tietjens, Director of Planning; Ron Bottoms, City Manager and Traci Leach, Assistant City Manager Date: 7/28/2011 Re; Building Codes Adoption with Local Amendments At our 07/27/11 Board meeting, we reviewed two requests dealing with the minimum number of required plumbing fixtures. The projects involved a large building (367,530 sq. ft. of warehouse /storage and 1,370 sq. ft. of office area) and a small building (2,898 sq. ft. of warehouse and 840 sq. ft. of office area). The use type and occupancy load was established by the building code; however, the Uniform Plumbing Code Table 4 -1 differs from the building code uses so in the case of the larger building, the use type was "unlisted ". The closest "listed" use resulted in excessive fixture counts. In the case of the smaller building, the fixture count was double what the previous building code plumbing table required. The Board considered the two requests, received public input, reviewed the Uniform Plumbing Code interpretation (which recommended identifying both warehouse buildings as a retail use) and also discussed code requirements. By a vote of six to one, the Board recommends the following amendment; Replace Table 4 -1 from the 2009 Uniform Plumbing Code with the language and table from Chapter 29 (Plumbing Systems) of the 2009 International Building Code. The Board appreciates your consideration in this matter. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE III "PLUMBING CODE" SECTION 82 -67 AMENDMENTS, BY DELETING TABLE 4 -1 "MINIMUM PLUMBING FACILITES" FROM THE UNIFORM PLUMING CODE OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 82, `Buildings and Building Regulations," Article III, "Plumbing Code," Section 82 -67 "Amendments ", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82 -67. Amendments. The plumbing code adopted in Section 82 -66 of this Article shall be amended to read as follows: Section 101.1 Title. These regulations shall be known as the ln�e ,, ,' Uniform Plumbing Code of the City of La Porte, hereinafter referred to as "this code ". Section 103.1 General. The Inspection Services Division of the City's Planning Department shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the code official. Section 106.63 Fee Re fsnds No 2 (Permit Fee) —Not more than fifty percent (50 %) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.6.3 Fee Refsnds No. 3 (Plan Review) is deleted. Section 109Means ofAppeal. Deletion of entire section (Sections 109.1 thru 109.7) Chapter 4, Plumbing Fixtures and Fixture Fittings. Table 4 -1 "Minimum Plumbing Facilities" is deleted in its entirety. Appendix A Plumbing Permit Fee ,Schedule. Deleted." Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Ordinance No. Page 2 Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall be effective on October 01, 2011. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of 1 2011. CITY OF LA PORTE IM Louis R. Rigby, Mayor ATTEST: City Secretary 2 Ordinance No. APPROVED: Page 3 Assistant City Attorney ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE III "PLUMBING CODE" SECTION 82 -67 AMENDMENTS, BY DELETING TABLE 4 -1 "MINIMUM PLUMBING FACILITES" FROM THE UNIFORM PLUMING CODE OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 82, `Buildings and Building Regulations," Article III, "Plumbing Code," Section 82 -67 "Amendments ", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82 -67. Amendments: The plumbing code adopted in Section 82 -66 of this Article shall be amended to read as follows: Section 10 1. 1 Title. These regulations shall be known as the Uniform Plumbing Code of the City of La Porte, hereinafter referred to as "this code ". Section 103.1 General. The Inspection Services Division of the City's Planning Department shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the code official. Section 106.6.3 Fee Refunds, No 2 (Permit Fee) — Not more than fifty percent (50 %) of the permit fee paid when no work has been done under a permit issued in accordance with this code. Section 106.6.3 Fee Refunds, No. 3 (Plan Review) is deleted. Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7) Chapter 4, Plumbing Fixtures and Fixture Fittings. Table 4-1 "Minimum Plumbing Facilities" is deleted in its entirety. Appendix A Plumbing Permit Fee Schedule. Deleted." Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Ordinance No. . .... ... __ Page 2 Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx, Gov't Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon, The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall be effective on October 01, 2011. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of , 2011. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: City Secretary Ordinance No. APPROVED: f Assistant City Attorney Page 3 Council Agenda Item August 22, 2011 10. RESOLUTIONS (a) Consider approval or other action regarding a resolution authorizing and setting public hearing dates required for possible annexation of 28.65 acres fronting State Highway 225 in the Battleground Industrial District and receive proposed Service Plan — T. Tietjens **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Tim Tietjens Department: Planning Report: Resolution: X Ordinance Exhibits: Resolution Exhibits: Service Plan Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the regular City Council meeting of June 27, 2011, the Planning Department was directed to prepare a service plan for the proposed annexation of approximately 28.65 acres fronting State Highway 225 in the Battleground Industrial District. In accordance with Chapter 43 of the Texas Local Government Code, a service plan requires two public hearings before the annexation ordinance is formally approved. This resolution sets the dates for the required public hearings. The service plan is also presented at this time for public information in advance of those public hearings and would be subsequently approved at the time of the ordinance, which formally annexes the property. Action Required by Council: Consider approval or other action regarding a resolution authorizing and setting public hearing dates required for possible annexation of 28.65 acres fronting State Highway 225 in the Battleground Industrial District and receive proposed Service Plan. Approved for City Council Agenda Ron Bottoms, City Manager Date RESOLUTION NO. 2011- A RESOLUTION SETTING DATES, TIMES, AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY INTO THE CITY LIMITS OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 . That on the 10th day of October, 2011, at 6:00 P.M., and the 24th day of October, 2011, at 6:00 P.M., in the Council Chambers of City Hall of the City of La Porte, the La Porte City Council will hold public hearings giving all interested persons the right to appear and be heard on the proposed annexation by the City of La Porte of the property described on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. That the Director of Planning of the City of La Porte is hereby authorized and directed to cause notice of such public hearings to be published once each in a newspaper having general circulation in the City and in the above described territory not more than twenty (20) nor less than eleven (11) days prior to the date of such public hearings. The Director of Planning is also authorized and directed to cause notice of such hearings to be posted on the City's internet website no more than twenty (20) nor less than eleven (11) days prior to the date of such public hearings. All notices shall be in accordance with the Texas annexation laws codified at Chapters 42 and 43, Texas Local Government Code. Section 3 . The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this 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 4 . This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this day of , 2011. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney 2 EXHIBIT "A" A tract of land located within that portion of the City of La Porte's extra - territorial jurisdiction known as the Battleground Industrial District; said tract containing approximately 28.65 acres and being more particularly described as follows; Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract identified by Harris County Appraisal District parcel number 064 - 223 - 000 -0021, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northwesterly direction along the north right -of -way of State Highway 225 to a point located at the southwest corner of a tract of a tract owned by Ted Booher being identified by Harris County Appraisal District parcel number 044- 099 -000- 0023, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023 to a point at the northwest corner of the Harris County Appraisal District parcel number 044- 099- 000 -0023; THENCE proceeding in an easterly direction along the north line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023, to a point at the northeast corner of Harris County Appraisal District parcel number 044 -099- 000 -0023; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel numbers 023 - 145- 000 -0623 and 023 - 145- 000 -0635 to the northwest corner of the Ted Booher tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0635; THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641; THENCE proceeding in an easterly direction along the north boundary of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641 continuing east to the northeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023- 145 -000- 0641; THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy tracts identified by Harris County Appraisal District parcel numbers 023 -145- 000 -0625 and 023 - 145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0624, said point being Point of Beginning of the herein - described tract containing approximately 28.65 acres. SERVICE PLAN FOR PROPOSED ANNEXATION OF FIVE TRACTS OF LAND COMPRISING APPROXIMATELY 28.65 ACRES WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT L INTRODUCTION This service plan ( "Plan ") is made by the City of LaPorte, Texas ( "City ") pursuant to Section 43.056, of the Texas Local Government Code ( "Code "). This Plan relates to the annexation by the City of five tracts of land ( "Tracts ") within a portion of the the Battleground Industrial District (Re: Exhibit "B "). These tracts are described by metes and bounds in Exhibit "A" attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM, EFFECTIVE DATE This plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a specified period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program and (ii) a Capital Improvement Program, both described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number and level of services both in existence in the Tracts prior to the annexation and are available in other areas of the City with land uses and population densities similar to those reasonably projected in the newly annexed Tracts. It is not the intent of this Plan to provide a uniform level of services to all areas of the City (including the Tracts) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing levels of service. C. Definitions. 1. As used in this Plan, providing services includes services funded in whole or in part by City taxation and provided by the City within its full- purpose boundaries. The City provision of services may be by any means or methods by which it extends the services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect at the time that the service is requested or at the time the service is made available or provided and are in accordance with or related to provisions in Title 12, Chapter 395 of the Code. D. Early Action Program. 1. Statutory Services. The statutory services will be provided to the Tracts upon the effective date of this Plan, unless otherwise indicated. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement to the Tracts. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will provide fire protection to the Tracts. C. Solid Waste Collection. Residential collection services will be provided by City forces. Non - residential non - hazardous service will be provided by City contract service provider. Future residential and non - residential non - hazardous collection services will be provided in accordance with standard policies and procedures. Non - residential non- hazardous will be the responsibility of the property owner in accordance with State and Federal guidelines. d. Oberation and Maintenance of Water and Wastewater Facilities. There are no existing City water and wastewater facilities located in the area proposed for annexation. Any extensions of utilities as addressed in the Capital Improvements Program, below, will be provided normal maintenance services. e. Maintenance of Public Roads and Streets including Lighting. The Department of Public Works of the City will provide maintenance of roads and streets over which the City will have jurisdiction. Those roads and streets under jurisdiction of other governmental entities will be maintained by those entities. The City will provide services relating to traffic control for roads and streets over which it has jurisdiction. Maintenance of Public Roads and 2 streets under the jurisdiction of other governmental entities will be provided by the respective governmental entity. Existing street lighting for public roads and streets will be maintained through the services of CenterPoint Energy. New street lighting for public roads and streets will be constructed by CenterPoint Energy upon authorization from the City. f Maintenance of Parks, Playgrounds and Swimming Pools. There are no existing Public Park facilities to be maintained. Should any such facilities be constructed in the Tracts in accordance with the Capital linprovements Program below, the City will provide maintenance services. g. Maintenance of Any Other Publicly —owned Facility, Building or Service. There are no other publicly -owned facilities, buildings or services in the Tract. Should any such facilities, buildings or services be constructed or located by the City in the Tract, an appropriate City department will provide the necessary maintenance services. 2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the same extent they are provided to similar areas elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. b. Health services will continue to be provided by Harris County. C. Emergency and ambulance services by the City's Emergency Medical Services division, in accordance with standard policies and procedures. d. Enforcement of all City codes and ordinances. E. Capital linprovements Program. The City will initiate the construction or acquisition of capital improvements deemed necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction shall begin within two and one -half (2 -1/2) years of the effective date of this Plan, except as otherwise indicated. 1. Police Protection. Police protection for the Tracts can be provided using existing facilities. While no improvements are necessary at this time, the Tracts will be included with other territory in connection with planning for new, revised or expanded police protection. 2. Fire Protection. Fire protection for the Tract can be provided by using existing facilities and equipment. While no improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded fire protection. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection to the Tract as described in the Early Action Program. The Tract will, however, be included with other territory in planning for new, revised or expanded solid waste collection service facilities. 4. Water and Wastewater Facilities. Currently there are no water or wastewater facilities in the area proposed for annexation of which the City will assume control following annexation. The City proposes the following means to provide improvements deemed necessary for water and wastewater services: a. Domestic water and wastewater service. Currently domestic water and wastewater are self - provided by the individual property owners either through wells or by purchasing water from adjoining property owners. The City has a twelve inch (12 ") waterline within the north right of way of S. H. 225 approximately one hundred twenty feet (120') east of the tract. Upon application request by owners of the annexed area, the City will allow the extension of water and /or sanitary sewer lines for domestic services in accordance with standard utility extension policies and procedures as referenced in Chapter 74, Utilities, Article III, Division 4, of the La Porte Code of Ordinances within two (2) years. These policies and procedures include the imposition of utility extension fees in accordance with Section 395.019 of the Local Government Code. Should a property owner elect to construct the improvements sooner than the schedule established in this Plan, the owner may construct or finance the improvements and the costs incurred or funds advanced will be credited against the utility extension fees due from that property owner. As utility extension fees are collected from other property owners, these fees may be refunded to the property owner who constructed or funded the construction of those capital improvements per City policy guidelines. 4 b. Industrial Process Water. Currently process water is provided by on -site wells, water purchased from other property owners or from non - potable water purchased from the Coastal Industrial Water Authority (CIWA). As the City does not provide dedicated industrial process water services within its corporate boundaries, it does not propose to acquire or construct capital improvements for the provision of industrial process water services to the area proposed for annexation. C. Industrial Process Wastewater. Currently wastewater service to the Tracts is provided by individual treatment facilities, treatment by adjoining property owners or by other private entities. As the City does not provide dedicated industrial process wastewater services within its corporate boundaries, it does not propose to acquire or construct capital improvements for the provision of industrial process wastewater services to the area proposed for annexation. However, the discharge of wastewater resulting from industrial uses is subject to permitting requirements under the City's Industrial Waste Ordinance, Chapter 74 of the La Porte Code of Ordinances. 5. Roads and Streets including Li ham. In general, the City maintains no dominion, control, and jurisdiction in, over and under public roads and streets serving the Tracts for annexation. Pursuant to Art. 1175, V.A.T.S., and similar provisions, maintenance of existing frontage roads and streets serving the tracts is subject to the jurisdiction of other governmental entities. Additional roads, streets or related facilities are not necessary at this time to serve the Tracts. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tracts will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds or swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services, Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the Tract using 5 existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded services, facilities and functions, including the additional services described above. IV. AMENDMENT, GOVERNING LAW This Plan may not be amended or repealed except as provided by the Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be interpreted in accordance with the Code, the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force maj eure. "Fore maj eure ", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other inability of the City, whether similar to those enumerated or otherwise, which is not in control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, representations plans and agreements, whether written or oral. Plan produced July, 2011 by La Porte Planning Department 6 EXHIBIT "A" A tract of land located within that portion of the City of La Porte's extra - territorial jurisdiction known as the Battleground Industrial District; said tract containing approximately 28.65 acres and being more particularly described as follows; Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract identified by Harris County Appraisal District parcel number 064 - 223 - 000 -0021, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northwesterly direction along the north right -of -way of State Highway 225 to a point located at the southwest corner of a tract of a tract owned by Ted Booher being identified by Harris County Appraisal District parcel number 044- 099 -000- 0023, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023 to a point at the northwest corner of the Harris County Appraisal District parcel number 044- 099- 000 -0023; THENCE proceeding in an easterly direction along the north line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023, to a point at the northeast corner of Harris County Appraisal District parcel number 044 -099- 000 -0023; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel numbers 023 - 145- 000 -0623 and 023 - 145- 000 -0635 to the northwest corner of the Ted Booher tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0635; THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641; THENCE proceeding in an easterly direction along the north boundary of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641 continuing east to the northeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023- 145 -000- 0641; THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy tracts identified by Harris County Appraisal District parcel numbers 023 -145- 000 -0625 and 023 - 145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0624, said point being Point of Beginning of the herein - described tract containing approximately 28.65 acres. 7 Council Agenda Item August 22, 2011 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed new fee schedules for fire protection in the Industrial District Agreement (IDA) and extraterritorial jurisdiction (ETJ) response areas and provide staff with direction — D. Ladd (b) Discussion or other action regarding dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion and provide staff with direction — M. Dolby (c) Discussion of the Concrete Street Study from Cobb, Fendley & Associates — J. Garza (d) Discussion or other action regarding report from Pate Engineering on Main Street traffic study and provide staff with direction — T. Tietjens (e) Discussion or other action regarding the expanded use of the Five Points Town Plaza regarding allowing rental by citizens and businesses for special events throughout the year and provide staff with direction — S. Barr **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Donald Ladd Department: Report: X Resolution: Ordinance: Exhibits: Proposed Response Pricing Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested Budgeted Item: YES No Exhibits: IDA Agreement Section 3 -5 Exhibits: SUMMARY & RECOMMENDATION Fire Department will make a presentation regarding the proposed new fees for fire protection in the IDA and ETJ response areas. The Department would like to obtain Council's direction on the fee schedule for the areas adjacent to the City to which the Fire Department responds. La Porte Fire Department responds to numerous calls in the ETJ throughout the year and the City receives no revenues for this service. Companies with IDA agreements do not receive City services and after reading Section III -5 of the general IDA agreement, it is the opinion of the Fire Department that the City can charge for such services. This is already being done by EMS and the Fire Department would like to set up a fee schedule that would provide some measure of cost recovery for fire services provided. Exhibit One outlines a pricing proposal based on fees being charged by area fire departments and private response companies. Action Required by Council: The Fire Department is asking Council to give direction on the pricing, fees, and contracts for the IDA and ETJ areas around the city to which the Fire Department responds. Approved for City Council Agenda Ron Bottoms, City Manager Date La Porte Fire Department IDA and ETJ Response Pricing Proposed Response Pricing Non Contract Properties Station Response General Alarm Response $500.00 per hour one hour minimum $2,000.00 per hour �/z hour minimum Contract Properties Station Response General Alarm Response No charge $500.00 per hour IDA and ETJ Response pricing does not negate CIMA or any Mutual Aid agreements. Station Response: Station response is defined as any La Porte Fire Department units responding to minor fire calls such as small trash fires, vehicle fires, fire alarms, or any other type of call as determined by La Porte Dispatch as a station call. Responding equipment to include but not limited to fire engine with manpower and or Supervisor vehicle. General Alarm Response: General Alarm responses are defined as any La Porte Fire Department units responding to emergency calls other than station calls to include but not limited to structure fires, hazardous materials spills, large grass fires, or any type of call as determined by La Porte Dispatch or fire officer as a general alarm call. Responding equipment to include but not limited to multiple engines and or specialized equipment as deemed needed by fire officer in charge. INDUSTRIAL DISTRICT AGREEMENT Section III 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested by: Michael G. Dolbv, CPA Department: Finance Report: X Resolution: Ordinance: Exhibits: Letter from Harris Countv Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted items: YES X NO SUMMARY & RECOMMENDATION Following Hurricane Ilse, the City received $69,461.88 from TML for damages to the Sylvan Beach Pavilion. The City deposited the funds into the liability insurance fund in 2009. The City recently received a letter from Precinct Two, which stated the County had an allocation of $4,352,130 in Hurricane Ilse Recovery Texas Community Development Block Grant funds for the rehabilitation of the Pavilion. The letter further stated all funds must be matched with any FEMA and insurance funds awarded to the structure to comply with Federal regulations. The County is requesting that the City dedicate the $69,461.88 to the restoration of the Pavilion. Action Required by Council: Receive direction from Council regarding dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion. Approved for City Council Agenda Ron Bottoms, City Manager Date Commissioner Jack Morman Harris County Precinct Two 1001 Preston, Suite 950 a Houston, TX 77002 • Tel: 713.755.6220 • Fax: 713.755.8810 August 3, 2011 , sn The Honorable Louis R. Rigby Mayor City of La Porte 604 W. Fairmont Parkway V La Porte, TX 77571 Re: Sylvan Beach Pavilion Hurricane Ike Recovery Texas Community Development Block Grant Dear Mayor Rigby, After Hurricane Ike, Sylvan Beach and the Pavilion were devastated. Through the combined efforts of the City, County and State, recovery efforts have been completed for the new shoreline protection and beach project at the park well as the replacement of the pier. Harris County Precinct Two has received approval from HUD and the State for an allocation of $4,352,130 in Hurricane Ike Recovery Texas Community Development Block Grant funds for the rehabilitation of the Pavilion. These Rinds must be matched with any FEMA and insurance funds awarded to the structure to comply with Federal duplication of benefit regulations. The City of La Porte received $69,461.88 in insurance for damages to the Sylvan Beach Pavilion, Although the City has exercised its termination clause in the Pavilion's lease agreement between the City and County, I respectfiilly request that the City consider dedicating these funds to the restoration of the Sylvan Beach Pavilion to allow our partnership to leverage over the grant funds available to restore the Pavilion. Thank you for your consideration. JM/brs Cc:' '" Ron Bottoms, LaPorte City Manager Gail Miller, Harris County Precinct Two Christy Lambright, Harris County Community Services Bay Area Annex a 16603 Buccaneer Lane, Suite 100 • Houston, TX 77062 • Tel: 281.488.4678 • Fax: 281.286.7450 Baytown Annex • 701 W. Baker Road, Suite 104 • Baytown, TX 77521 • Tel: 281.427.7311 a Fax: 281.428.26 92 Jim Fonteno Annex . 14350 WallisviIle Road • Houston, TX 77049 a Tel: 713.455.8104 • Fax: 713.451.6714 Jahn Phelps Courthouse Annex a 101 S. Richey, Suite F . Pasadena, TX 77506 • Tel: 713.274.2150 . Fax: 713,274.2167 Raul C. Martinez Annex • 1001 S. Sgt. Macario Garcia Dr., Suite 102 • Houston, TX 77011 • Tel: 713.924.3975 a Fax: 713.924.3971 uolnnuss>oner REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested August 22, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Report for Concrete Street Program Exhibit: Drainage Report 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 Final Report prepared, which is attached as Exhibit One. Representatives from Cobb, Fendley & Associates will be present to discuss the report with Council. Action Required by Council: Receive report from Cobb, Fendley & Associates. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte, Texas Report for: Concrete Street Program Study Jil li� III Jill 11111111 JULY Y 20 1 .."" a cobbFendiey am Texas Registration No. 274 Civil Engineering ° Construction Management *G/G/CA0[} + Land Devaloonoent+ Land Surveying Municipal *Ri * Site Development ° Subsurface Utility Engineering Hydraulics/Hydrology * Telecommunications * Transportation * Utility Coordination 13430 Northwest Freeway, Suite 1100 1 Houston, Texas 77040 1 Voice (713)462-3242 1 Fax(713)462-3262 I www.cobbfendley.com City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Table of Contents Pg. # ExecutiveSummary ............................................................ ..............................3 Authorization ....................................................................... ..............................4 ProjectOverview ................................................................. ..............................4 DrainageDesign ................................................................ ..............................4 Description............................................................................ ............................... 5 ExistingCondition .................................................................. ..............................5 ProposedCondition .................................................................................. ..............................6 Pavement Improvements/Pavement Area Reduction ................... ..............................8 ExistingRights -of -Way ..................................................................................... ..............................8 ExistingRoadway Sections ....................................................... ..............................8 Existing On- street Parking ....................................................... ..............................8 ExistingPavement Area ........................................................................... ..............................9 Findings and Recommendations ............................................. ..............................9 ProposedRights -of- Way ........................................................ ..............................9 Proposed Roadway Sections .................................................... ..............................9 PotentialSavings ........................................................................ .............................10 Proposed On- Street Parking ..................................................... .............................10 Proposed Pavement Area Reduction .......................................... .............................11 Overland Flow Conveyance ....................................................... .............................12 ConstructionCost ............................................................. .............................12 ConstructionPhasing ......................................................... .............................14 Approach.............................................................................. .............................14 Phase ............................................................................ .............................14 Phase2 ........................................................................................... .............................15 Phase3 ......................................................................................... .............................15 Phase4 ............................................................................ .............................15 Phase5 ........................................................................... .............................15 Phase6 ............................................................................ .............................16 -1- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Phase7 ........................................................................... .............................16 Phase8 ......................................................................................... .............................16 Phase9 ........................................................................... .............................16 Phase10 .................................................................................... .............................17 Phase11 and Greater ........................................................... .............................17 Conclusion ........................................................................ .............................18 Exhibits VicinityMap ................................... ............................... ........................Exhibit 1 Project Area Map ............................. ............................... ........................Exhibit 2 Flood Insurance Rate Map ................... ............................... ........................Exhibit 3 Existing Condition Drainage Area Map ........................... ............................... Exhibit 4 Proposed Condition Drainage Area Map . ............................... ........................Exhibit 5 Existing Concrete Street Plan ....................................... ............................... Exhibit 6 Land Use Map and Parking Provisions .... ............................... ........................Exhibit 7 Proposed Concrete Street Paving Plan ..... ............................... ........................Exhibit 8 Pavement Reduction Plan, Option "A ", One - way ....................... ........................Exhibit 9 Pavement Reduction Plan, Option "B ", Mid -Block Bollards ......... ........................Exhibit 10 Proposed Overland Relief Directional Flow Map ...................... ........................Exhibit 11 Phasing Plan, Phases 1 to 10 ................... ............................... ........................Exhibit 12 Phasing Plan, Phases 11 to End ............ ............................... ........................Exhibit 13 Proposed -1 Street Trunk Sewer and Potential Conflicts .............. ........................Exhibit 14 Appendix A — Project Cost Estimates Cost Estimate 1 — Overall Construction, Engineering, Surveying, and Contingencies .... Pg. 1 of 1 Cost Estimate 2 — Overall Construction and Phases 1 to 4 ......... ............................Pg. 1 of 2 Cost Estimate 2 — Overall Construction and Phases 5 to 10 ........ ............................Pg. 2 of 2 Cost Estimate 3 — Overall Construction and Pavement Reduction Options ..................Pg. 1 of 1 Appendix B — Drivable Grass Brochure -2- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 EXECUTIVE SUMMARY The City of La Porte (City) awarded Cobb Fendley Associates, Inc. (CobbFendley) the contract to perform this Concrete Street Program Study (Study) on December 13, 2010. Its purpose was to determine the engineering and construction costs associated with the phased construction of concrete streets with curb and gutter, and their associated storm sewers for all streets within the area bounded by West Main Street to the north, South Broadway to the east, Fairmont Parkway to the south, and State Highway 146 to the west. It would identify streets that are candidate collectors to improve access, traffic flow and pedestrian movement. It would also identify existing low - volume streets or street segments that are candidates for abandonment or re- purposing as future public improvements. A comprehensive drainage study entitled 2010 Coucrete Street Prograly for the City of La forte - Drainage Study and dated May 2011 was prepared by CobbFendley under separate cover for this Study. The proposed drainage plan satisfies City requirements and will serve as the storm water master plan for the project area. It will use the four existing outfalls while replacing roadside ditches and driveway culverts with inlets, underground storm sewer networks, and concrete streets with curb and gutter. Also, to the extent possible, it will use existing available storm sewer systems. CobbFendley recommends widening the pavement of South 3rd Street and South 8th Street (a Harris County road) to serve as the two north -south collectors and West A Street and West G Street to serve as the two east -west collectors, all with 8 ft. to 10 ft. wide sidewalks on both sides; widening the streets narrower than 28 ft. to 28 ft. with 5 ft. wide sidewalks on both sides; and widening streets wider than 28 ft. to 36 ft. with oversized sidewalks on both sides. Based on available information, no additional rights -of -way are necessary at this time. Four east -west streets that do not serve as significant transportation connectors between South Stn Street and South Broadway were identified for pavement area reduction: West C Street, West D Street, West E Street and West F Street. Two options to reduce their pavement area are identified in this Study. The first ten construction phases identified in this Study place a priority on the construction of the storm sewer outfall structures, trunk storm sewer systems and the two north -south and two east -west collector roadway sections. Subsequent phases (15 to 20) complete the storm sewer system networks and street pavement improvements throughout the project area. For planning purposes, the budget for each construction phase defined herein has been held to approximately $1.5M: an amount which the City agreed is feasible on an annual basis. The composition and sequence of the construction phases are for planning purposes only. The City may reorder, sub- divide, combine or eliminate a phase or phases, or exclude or supplement the improvements within a phase or phases as available funding permits. The total estimated engineering and construction cost for the all of the phases associated with this Study is $423M. City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 AUTHORIZATION The City of La Porte (City) awarded Cobb Fendley Associates, Inc. (CobbFendley) the contract to perform the Concrete ,Street Program ,Study (Study) on December 13, 2010. The City authorized CobbFendley to proceed with the work by letter dated December 21, 2010. PROJECT OVERVIEW The Study was identified during a City Council retreat held in the summer of 2010. Its purpose would be to determine the engineering and construction costs associated with the phased construction of concrete streets with curb and gutter, and their associated storm sewers for all streets within the area bounded by West Main Street to the north, South Broadway to the east, Fairmont Parkway to the south, and State Highway 146 to the west (see Exhibit 1). The Study would develop and present a Phased Construction Plan (Plan) for storm sewer systems to replace the existing combination drainage systems comprising roadside ditches, driveway culverts and storm sewers. Construction of the "backbone" or trunk storm sewer systems would be accomplished in the Plan's early phases. Subsequent phases would include construction of the storm sewer systems' networks. Existing roadways, which would be demolished to facilitate construction of the storm sewer systems, would be replaced with concrete streets with curb and gutter. The final phases of the Plan would include replacement of the remainder of the project area's existing roadways with concrete streets with curb and gutter. The Study would identify streets that are candidate collectors to improve access, traffic flow and pedestrian movement. Throughout the project area consideration would be given to the need to preserve or provide on- street parking to serve existing residents and businesses. The Study would identify existing low - volume streets or street segments that are candidates for abandonment or re- purposing as future public improvements. DRAINAGE DESIGN The complete drainage study associated with this project was prepared by CobbFendley. It is presented under separate cover in a report entitled: 2010 Concrete Street Prograly for the City of La Porte - Drainage Study Dated May 2011, the Drainage Study is currently under review by the Harris County Flood Control District (HCFCD). Pertinent findings, analyses and recommendations from the Drainage Study are included herein for the reader's convenience. The Drainage Study investigates, analyzes and recommends changes to the project area's existing drainage infrastructure; including a trunk storm sewer network. This proposed trunk storm sewer network is designed to accommodate a 5 -year storm event for full development of the project area. Drainage objectives included: -4- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Analyzing the existing hydrologic and hydraulic conditions within project area to quantify the amount of flow in the existing condition; Creating a proposed overall storm sewer plan for the project area which provides conveyance capacity for the 5 -year design storm event; and Addressing any impacts associated with the proposed improvements. Description The project area is located entirely within the City of LaPorte, Harris County, Texas (see Exhibit 2). The total land area represented is approximately 282 acres (0.44 square miles). The land generally slopes southward at an average of 0.2% slope. Elevations range from 20 feet in the northern region to 14 feet in the southern region. South 5 th Street serves as the drainage divide in the east -west direction. Land use along the project area's perimeter, including West Main Street, South Broadway Street, Fairmont Parkway and South 8 th Street, is general commercial (GC); whereas the majority of the remainder of the project area is low density residential (R -1), with the most lots less than '/4 acre in area. The project area is served by HCFCD Unit No. F216 -00 -00 (Little Cedar Bayou), and its tributary F216- 04 -00. Little Cedar Bayou has been studied by the Federal Emergency Management Agency (FEMA) and has been issued a Flood Insurance Rate Map (FIRM) depicting base flood elevations and the limits of the 100 -year floodplain (see Exhibit 3). Existing Condition The existing drainage area boundaries were determined based on overland sheet flow patterns, parcel boundaries, and existing storm sewers. Overland flow patterns were based on available LiDAR data and known channel configurations. Drainage lines and catchment boundaries were delineated using ArcHydro (an extension application of ArcGIS by ESRI). Based on this information, the project area in the existing condition was divided into four separate drainage systems. The existing condition drainage area map can be seen in Exhibit 4. System A serves the northern one -third portion of the project area from West A Street to West D Street and South 8 th Street to South 1 st Street; draining approximately 107 acres. The storm system comprises roadside ditches and driveway culverts, with storm sewer trunk lines running south along South 4th Street and west along West D Street. This system discharges into a grass -lined ditch to the west of South 8th Street, flowing off -site into a 6 -ft. x 6 -ft. box culvert beneath SH146. The system is currently less than a 2 -year design capacity. -5- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 System B serves the central- western portion of the project area from West E Street to West H Street and from South 8 th Street to South 5 th Street; draining approximately 50 acres. The storm system comprises roadside ditches and driveway culverts which flow to the south and west. This system converges along West H Street and discharges west of South 8th Street into Little Cedar Bayou through both a 36 -in. corrugated metal pipe and an 8 -ft. overflow weir. The system is currently less than a 2 -year design capacity. System C serves the southwestern portion of the project area from West H Street to Fairmont Parkway and from South 8 th Street to South 5 th Street; draining approximately 38 acres. The storm system comprises roadside ditches and driveway culverts, with storm sewers at some locations along West I Street, South 6th Street and Fairmont Parkway. The system flows into the Fairmont Parkway storm sewer which discharges to the west of South 8 th Street directly into Little Cedar Bayou through a 48 -in. reinforced concrete pipe. The system is currently less than a 2 -year design capacity. System D serves the southeastern one -third portion of the project area from West E Street to Fairmont Parkway and from South 4 th Street to South 1 st Street; draining approximately 81 acres. The storm system comprises roadside ditches and driveway culverts, with storm sewer trunk lines running south along South 2nd Street and South 4th Street. This system flows into the Fairmont Parkway storm sewer which converges at South -1 Street and discharges into F216 -04 -00 through a 72 -in. reinforced concrete pipe. The system is currently less than a 2- year design capacity. Proposed Condition The proposed drainage calculations were based on a 5 -year design storm event as required by City drainage criteria. Flows were calculated using the rational formula. The runoff coefficient was determined by using values defined by the City drainage criteria. In areas where multiple land use types were present, weighted C- values were calculated. Rainfall intensities were based on the City's IDF curves. Times of Concentration for each drainage area were calculated from the hydraulic flow path in each drainage area using 0.5 fps for overland, 1.5 fps for drainage ditches and 3 fps for storm sewers. The proposed drainage area boundaries were designed to decrease the runoff volume from Systems A, B, and C to a volume less than or equal to the existing condition. This was accomplished by reducing the areas of these three drainage areas and re- routing the flow from the orphaned areas into System D. In the proposed hydrologic model, there is an increase in imperviousness throughout the project area due to sidewalk and roadway -6- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 improvements. The total additional imperviousness was calculated for each drainage area, which translated into an increase of the runoff coefficient in the proposed model. The proposed drainage plan will serve as the storm water master plan for the project area. It will use the four existing outfalls while replacing roadside ditches and driveway culverts with inlets, underground storm sewer networks, and concrete streets with curb and gutter. Also, to the extent possible, the proposed drainage plan will use existing available storm sewer systems (see Exhibit 5). During future design phases of this program, alternate pipe shapes and slopes can be utilized to address cover issues or utility- related conflicts once a full topographic and utility survey is completed. However, based on a limited survey, some potential utility conflicts were identified along the South -1 Street trunk sewer (see Exhibit 14). System A serves the northwestern portion of the project area from West A Street to West F Street and South 8 th Street to South 6 th Street; draining approximately 68 acres. The storm system comprises pipes ranging from 24 -in. to 60 -in. The existing storm sewer (54 -in. to 72 -in.) in West D Street was retained since it can convey the design flow. This system will continue to discharge into a grass -lined ditch to the west of South 8th Street and flow off -site into a 6 -ft. x 6 -ft. box culvert beneath SH146. System B serves the central- western portion of the project area from West F Street to West H Street and from South 8 th Street to South 5 th Street; draining approximately 28 acres. The storm system comprises pipes ranging from 30 -in. to 78 -in. This system converges along West H Street and will discharge west of South 8th Street into Little Cedar Bayou. System C serves the southwestern portion of the project area from West H Street to Fairmont Parkway and from South 8 th Street to South 5 th Street; draining approximately 27 acres. The storm system comprises 30 -in. pipes. The existing storm sewers (24 -in. to 48 -in.) in West I Street, South 6 th Street, South 7 th Street, and Fairmont Parkway were retained since each can convey the design flow. This system converges along Fairmont Parkway and will continue to discharge to the west of South 8 th Street directly into Little Cedar Bayou through an existing 48 -in. reinforced concrete pipe. System D serves the eastern half of the project area from West A Street to Fairmont Parkway and from South 5 th Street to South 1 st Street; draining approximately 165 acres. The storm system comprises pipes ranging from 24 -in. to 120 -in. This system flows into a proposed trunk sewer (48 -in. to 114 -in.) in South -1 Street. The existing storm sewer (42 -in. to 66 -in.) in Fairmont Parkway was retained since it can convey the design flow. This system converges in Fairmont Parkway at South -1 Street and will continue to discharge into F216 -04- 00 through a proposed 120 -in. reinforced concrete pipe. 7- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Although the proposed System D has a significant increase in flow from the existing condition, this increase is allowable per the City's design criteria because the outfall is downstream of SH 146, in close proximity to Galveston Bay: there are no homes or businesses downstream to impact. Also, it is important to note that the increased flow from the proposed improvements will not result in a change to the FEMA effective 100 -year floodplain. The 100 -year floodplain for this area is based upon a coastal flooding elevation of 12.5 feet and is not directly related to riverine flooding. PAVEMENT IMPROVEMENTS/PAVEMENT AREA REDUCTION Existing Rights -of -Way All of the streets within the project area have 60 -ft. wide rights -of -way except South -1 Street, South 8 th Street, West B Street, West D Street, West F Street and West H Street which have 80 -ft. wide rights -of -way. Note that South 8 th Street is a Harris County road. Infrastructure improvements within this right -of -way must be coordinated with the Harris County Public Infrastructure Department — Architecture and Engineering Division and Harris County Precinct Two. Existing Roadway Sections The majority of the existing roadway sections within the project area comprise 20 -ft. wide, two -lane, two -way asphalt -paved roads with roadside, open -ditch drainage systems. Several have roadway sections comprising 36 -ft. wide, two -lane, two -way asphalt -paved roads with roadside, open -ditch drainage systems. These include: • South 1 st Street from West Main Street to West B Street; • South 2" a Street from West Main to South D Street; • West A Street from South -1 Street to South Broadway Street; and • West G Street from South 4 th Street to South Broadway Street. There are also several roadway sections comprising concrete streets with curb and gutter and closed - conduit storm sewer systems (see Exhibit 6). These include: South 4 th Street from West A Street to West H Street; West D Street from South 6 th Street to South Broadway Street; and West G Street from South 4 th Street to South Broadway Street. Existing On- Street Parking As mentioned above, land use along the project area's perimeter is general commercial, and its interior is primarily low density residential. Many of the businesses in the commercial areas have insufficient off - street parking capacity. This shortfall is supplemented by existing City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 on- street parking' along West Main Street, South Broadway Street, Fairmont Parkway and South 8 th Street and the streets or alleys behind and parallel to these streets. Within the project area's low density residential interior there are both institutional and multi - family uses including, but not limited to churches at both the South 1 st Street - West B Street intersection and South 7 th Street - West C Street intersection, and apartments near the South 1 st Street - West G Street intersection and South 6 th Street - Fairmont Parkway intersection. As in the commercial areas, insufficient off - street parking for these facilities is supplemented by existing on- street parking capacity (see Exhibit 7). Existing Pavement Area There are several existing streets and street segments within the interior of the project area that appear to have low traffic volumes. These can be reconstructed using narrower width pavement, restriped, resigned, realigned, partially or wholly abandoned, or any feasible combination thereof to reduce pavement area, reduce traffic volume, reduce future pavement maintenance costs, be re- purposed as a public improvement, or combination. FINDINGS AND RECOMMENDATIONS Proposed Rights -of -Way Based on available information and given the schematic nature of this Study, no additional rights -of -way are foreseen as necessary at this time. Proposed Roadway Sections This Study was commissioned for the purpose of determining the feasibility and cost to reconstruct all of the roadway sections within the project area from asphalt with open ditch drainage to concrete (6 in. and 7 in. thick with curb and gutter) with storm sewer drainage. The recommended roadway sections fall into one of three categories as follows: Streets narrower than 28 ft. shall be widened to 28 ft. with 5 ft. wide sidewalks on both sides; Streets wider than 28 ft. shall be widened to 36 ft. with oversized sidewalks on both sides; and Two east -west streets and two north -south streets shall be widened to 36 ft. to serve as traffic collectors between the four perimeter streets, provide more traffic connectivity, and provide more on- street parking capacity. Oversized sidewalks are recommended on both sides of these streets to better facilitate pedestrian flow. 1 An area designated for or where parallel (or head -in) vehicle parking is permitted usually along the curb lane(s) of a curbed street, or along the edge of pavement or unpaved shoulder (or combination) of an un- curbed street. In all cases the parking occurs within the limits of the street's right -of -way. -9- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 These sidewalks can be provided in place of what was previously the unusable area for the roadside drainage ditches. CobbFendley recommends widening the pavement of South -1 Street and South 8 th Street to serve as the project area's two north -south collectors. Additional reasons include: The rights -of -way of both streets are 80 ft.; South -1 Street is the location for the System D trunk storm sewer system; South 8 th Street is a Harris County roadway and cost sharing opportunities may be available to the City. In coordinating with Harris County, the City should note that the total construction cost (in three separate phases) is estimated at $3.2M per this Study. CobbFendley recommends widening the pavement of West A Street and West G Street to serve as the project area's two east -west collectors. Additional reasons include: • Additional on- street parking capacity one block south of and parallel to West Main Street will benefit the West Main Street businesses; • A portion of West G Street is already 36 ft. wide concrete pavement with curb and gutter; • West G Street extends the full width of the project area from the northbound frontage road of SH 146 to South Broadway; and • There is an existing traffic signal at the West G Street — South Broadway intersection to contribute to the street's role as a collector. See Exhibit 8 Potential Savings The city could potentially realize some cost savings by preserving some of the existing concrete streets (See Exhibit 6) which have a total area of about 13,500 square yards. Although the existing concrete streets would likely require the intersections to be reconstructed with adequate drainage inlets, the City could potentially save up to $300,000 if at least 50% of the streets could be salvaged as determined on a phase -by -phase basis (not included in current cost estimate). Proposed On- Street Parking Any plan to reconstruct the existing streets in the project area, especially where reduced pavement area is a criterion, must address the preservation of existing on- street parking capacity. Using existing land use and available on- street parking, the following ratios were derived as a planning tool to assure that existing parking capacity is maintained. These are for reference only; actual ratios should be determined during final design: -10- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 • Low density residential (R -1): 20 sq. yd. /acre • General commercial (GC): 55 sq. yd. /acre • (MS, MSO) Main Street (MS): 80 sq. yd. /acre • Main Street Overlay (MSO): 80 sq. yd. /acre Proposed Pavement Area Reduction The grid pattern of the existing interior streets facilitates opportunities to reduce the paving footprint that other layouts cannot. Four east -west streets that do not serve as significant transportation connectors between South 8 Street and South Broadway were identified: West C Street, West D Street, West E Street and West F Street. Two options to reduce their pavement area were identified as follows: Option A This option consists of reconstructing the four streets' roadway sections to 12 ft. wide by 6 in. thick concrete pavement without curbs, with open ditch drainage systems, and rough- graded shoulders which allow ample width for on- street parking. This pavement area footprint will be less than the proposed 28 ft. wide pavement recommended in this Study. It will also be less than the existing width of approximately 20 ft. (see Exhibit 9). This option will save the City nearly $600,000 in capital costs (see Appendix A — Cost Estimate 3) and it could save the City up to 50% in maintenance costs because the paving area will be over 50% less than that proposed for the surrounding streets. Option B This option consists of erecting bollards at mid -block in the four streets to prohibit the flow of east -west through traffic. Local residents would have access for parking, or other use. Each street would be signed "No Outlet" along South ) Street, South 4 Street, South 5 Street, South 6 Street, South 7 Street (with the exception of West D Street and West E Street), and South 8 Street (with the exception of West D Street and West E Street). These latter two bocks must remain open to provide residents access to the alley that connects West D Street and West E Street between South 7 Street and South 8th Street. This option would allow seven, one -half blocks of pavement to be demolished leaving grass- covered rights -of -way for public use: there are no driveways on these half - blocks (see Exhibit 10). In considering the cost for this option, two pavement types were considered: concrete and "Drivable Grass ", which is open - celled concrete pavers that allow grass to grow within the open cell (see Appendix B). Both pavement widths would be 20 ft. wide; however the concrete would be 6 in. thick and the pavers would be their manufactured height. The - 11 - City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 roadway section comprises the pavement without curbs, with open ditch drainage system, and rough- graded shoulders which allow ample width for on- street parking. The 20 ft. by 6 in. concrete pavement may save the city up to $280,000 in capital costs (see Appendix A — Cost Estimate 3) and it could save the City up to 50% in maintenance costs because the paving area will be less than that proposed for the surrounding streets and the mid -block bollards will eliminate thru traffic thus extending the life of the pavement. However, the "Drivable Grass" (see Appendix B) pavement type would be the most beneficial alternative for Option B because the City would essentially have grass- covered rights -of -way throughout the subject area that would be functional enough to accommodate parking needs, serve as an aesthetically pleasing park - type recreational area, and save the City approximately $440,000 in capital costs (see Appendix A — Cost Estimate 3). In any scenario which prevents or significantly reduces the volume of through - traffic on a roadway, whether by reduced pavement width, signing, striping, barriers, or other traffic calming measure(s), the City must consider the potential negative impacts to such services as public transportation, and police, fire, and emergency medical access. The City must also consider potential impacts to pedestrian safety and handicap accessibility. Overland Flow Conveyance Although the proposed plan transforms all the storm sewer systems from less than a 2 -year design to a 5 -year design, the proposed street elevations as constructed from one phase to another will also play an important role in the overall plan effectiveness. As the streets are constructed they will act as conveyance channels for overland flow during large storm events, therefore it will be important for city staff to closely review the phased designs to make sure that they generally move storm water toward West D Street, West H Street, and South-1 Street and their respective outfalls (see Exhibit 11). CONSTRUCTION COST The construction cost of the improvements associated with this Study (see Appendix A) are based on current bids from Harris County's Capital Projects' bid tabulations, Texas Department of Transportation's average low bid prices, and other construction bid information that CobbFendley has accumulated from the City of La Porte and other municipalities in the greater Houston area. The cost estimates included herein are as follows: • Cost Estimate 1 - Overall Construction, Engineering, Surveying, and Contingencies • Cost Estimate 2 - Overall Construction and Phases 1 -10 • Cost Estimate 3 - Overall Construction and Pavement Reduction Options The various categories in the estimates include: -12- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 • General (mobilization, traffic control etc.); • Paving; • Demolition; • Storm sewer system; • Miscellaneous utility (minimal sanitary sewer and water line adjustments); • Engineering and surveying; and • Contingency (20 %). The contingency used in the overall cost estimate is considered reasonable and conservative for the schematic level design proposed in this Study. It increases the budget to account for known and unknown items that may be identified during preliminary and final design. Cost estimate items of additional interest: Improvements to existing channels may cost more than expected or additional channel improvements may be required. The impacts for the storm sewer outfalls near Fairmont Parkway, West H Street, West D Street, and the storm sewer upstream of the Arizona Ditch are considered to be mitigated by reducing the drainage areas to their respective outfalls. However, the drainage area for the South -1 Street outfall at Fairmont Parkway has been increased to relieve the impacts to the other outfalls. Therefore, an item for Channel Improvements Downstream ($250,000) has been included to make provision for channel improvements to the South -1 Street ditch downstream of the outfall adjacent to the wastewater treatment plant. Although the Drainage Study recommends improvements to the South -1 Street ditch, it will alleviate the need for major improvements to the other outfall ditches. The channel improvements to the South -1 Street ditch will most likely be in the form of an earthen or concrete -paved trapezoidal weir structure on top of the existing culvert adjacent to the wastewater treatment plant. However, the improvements could take the form of an additional culvert or the complete re- opening of the channel. The provision in the estimate for the channel improvements is based on the weir approach. The existing waterlines, especially the water services to the residences and businesses, could be shallow and require lowering to be compatible with the proposed street construction. This could create a major cost that exceeds the $400,000 in the Misc. Utility item. CobbFendley has a comprehensive list of bid items and unit costs based on a familiarity with construction project contracts in the City of La Porte; however construction prices can vary significantly over time. -13- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 CONSTRUCTION PHASING For planning purposes, the budget for each construction phase defined herein has been held to approximately $1.5M: an amount which the City agreed is feasible on an annual basis. The composition and sequence of the construction phases are for planning purposes only. The City may reorder, sub- divide, combine or eliminate a phase or phases, or exclude or supplement the improvements within a phase or phases as available funding permits. Approach The construction phasing approach for the Study places an early priority on the construction of the storm sewer outfall structures for System D (South -1 Street beneath and south of Fairmont Parkway), and System B (West H Street from South 8 th Street to Little Cedar Bayou). The next two phases simultaneously complete the construction of the System D trunk sewer and the reconstruction of South -1 Street from West Main Street to Fairmont Parkway to a 36 -ft. wide collector. Similarly, Phases 5 and 6 simultaneously complete the construction of the storm sewer improvements in and reconstruction of South 8 th Street from West Main Street to Fairmont Parkway to a 36 -ft. wide collector. Phases 7 through 10 complete the majority or all of the storm sewer and paving improvements in West A Street, West G Street, West H Street and South 7 th Street (see descriptions following and Exhibit 12). Phase 11 and greater complete all of the remaining storm sewer and roadway improvements within the project area. Including Phase 11, approximately 15 to 20 additional phases are estimated (see Exhibit 13). Phase 1 • Construct the downstream channel improvements to F 126 -04 -00 • Construct the 120 -in. storm sewer and outfall structure in line with South -1 Street from Fairmont Parkway south to F 126 -04 -00 • Construct 114 -in. through 108 -in. storm sewer in South -1 Street from Fairmont Parkway to West H Street • Construct the 36 -ft. wide pavement and other improvements in South -1 Street from Fairmont Parkway to West H Street • Potential conflict with existing 18 in. sanitary sewer is likely resolved with a conflict manhole (see Exhibit 14) • Benefits Completion of South -1 Street outfall structure and downstream channel improvements to F 126- 04 -00; extension of pavement and System D trunk sewer system improvements in South -1 Street. -14- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Phase 2 • Construct the 78 -in. storm sewer and outfall structure at Little Cedar Bayou in line with West H Street from the bayou to South 8 th Street • Construct the 30 -in. storm sewer in South 8 th Street from Fairmont Parkway to West I Street • Construct the 54 -in. storm sewer in South 8 th Street from West H Street to West G Street • Construct paving and other improvements in South 8 th Street from Fairmont Parkway to West G Street and in South H Street west to the pavement limit • Benefits Completion of the System B outfall to Little Cedar Bayou. Phase 3 • Construct the 108 -in. through 84 -in. storm sewer in South -1 Street from West H Street to West D Street • Construct the 36 -ft. wide pavement and other improvements in South -1 Street from West H Street to West D Street • Potential conflict with existing 8 in. sanitary sewer is likely avoided (see Exhibit 14) • Benefits Extension of pavement and System D think sewer in South -1 Street. Phase 4 • Construct the 72 -in. through 48 -in. storm sewer in South -1 Street from West D Street to West A Street • Construct the 36 -ft. wide pavement and other improvements in South -1 Street from West D Street to West Main Street • Potential conflict with existing 8 in. sanitary sewer is likely avoided (see Exhibit 14) • Benefits Completion of pavement and System D trunk sewer system improvements in South -1 Street from Fairmont Parkway to West Main Street. Phase 5 • Construct the 48 -in. through 24 -in. storm sewer in South 8 th Street from West E Street to West A Street • Construct 36 -ft. wide pavement and other improvements in South 8 th Street from West E Street to West Main Street • Benefits Extension of pavement and completion of System A storm sewer in South 8 th Street. - 15 - City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Phase 6 • Construct the 42 -in. storm sewer in West G Street from South 8 Street to South 7 Street • Construct 36 -ft. wide pavement and other improvements in South 8 Street from West G Street to West E Street • Construct 36 -ft. wide pavement and other improvements in West G Street from the northbound frontage road of SH 146 to South to 7 Street • Benefits Completion of pavement and System B storm sewer in South 8 Street from Fairmont Parkway to West Main Street. Extension of pavement and System B storm sewer in West G Street. Phase 7 • Construct the 60 -in. through 30 -in. storm sewer in South 7 Street from West E Street to West A Street • Construct the paving and other improvements in South 7th Street from West Main Street to West E Street. • Benefits Extension of pavement and System A storm sewer in South 7 Street Phase 8 • Construct the 24 -in. through 36 -in. storm sewers in West A Street from South 7th Street to South 2" a Street • Construct the paving and other improvements in West A Street the northbound frontage road of SH 146 to South 2" a Street • Benefits Extension of pavement and System A and System D storm sewer in West A Street Phase 9 • Construct the 30 -in. storm sewer in West A Street from South 2" a Street to South 1 st Street • Construct the 30 -in. storm sewer in West G street from South -1 Street to South 1 st Street • Construct the 42 -in. through 30 -in. storm sewer in West H Street from South 3 Street to South 1 st Street • Construct the paving and other improvements in West A Street from South 2" a Street to Broadway • Construct the paving and other improvements in West G Street from South 3 Street to Broadway -16- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 Construct the paving and other improvements in West H Street from South 3 ra Street to Broadway Benefits Flood mitigation in the Repetitive Flooding Area northeast of the South 1 st Street -West H Street intersection; Completion of West A Street within the project limits Phase 10 • Construct the 42 -in. through 30 -in. storm sewer in West G Street from South 7th Street to South -1 Street • Construct the 48 -in. through 36 -in. storm sewer in West H Street from South Stn Street to South 6th Street • Construct the 36 -ft. wide pavement and other improvements in West G Street from South 7 Street to South -1 Street • Construct the paving and other improvements in West H Street from South 8th Street to South 5 Street • Benefits Completion of West G Street within the project limits Phases Hand Greater For planning purposes, the budget for each construction phase defined herein has been held to approximately $1.5M: an amount which the City agreed is feasible on an annual basis. The composition and sequence of the construction phases are for planning purposes only. The City may reorder, sub- divide, combine or eliminate a phase or phases, or exclude or supplement the improvements within a phase or phases as available funding permits. Exhibit 13 shows the remaining portions of the project that can be planned in the future based on the methodology of using the north -south and east -west streets to determine the project scope from year to year. The phases can generally be described as full -width roadway construction within the rights -of -way that consist of either five to six blocks in the north -south direction, seven to eight blocks in the east -west direction, or some combination thereof. Additionally, the City will have ten phases of similar construction to compare and use to modify the phasing approach described herein. In addition, the total number of 100 ft. stations (639) has been provided on the cost estimate which, when divided by the overall cost, provides an average of approximately $660 per linear foot for all engineering and construction costs associated with the improvements. As each construction phase commences, the City can check the actual cost per linear foot against this average. The City can also continually improve upon this average cost metric as a tool to make informed planning decisions over time and with respect to the ultimate build -out of the entire project area. -17- City of La Porte CobbFendley Concrete Street Prozram Study July 21, 2011 CONCLUSION This Study satisfies the City's scope of work by having: • Prepared schematic designs for four storm drainage systems in accordance with City requirements to serve the project area; • Examined existing rights -of -way widths of all the streets within the project area; • Identified two east -west streets (West A Street and West G Street) to serve as collectors between the northbound frontage road of SH 146 and South Broadway; • Identified two north -south streets (South -1 Street and South 8 th Street) to serve as collectors between West Main Street and Fairmont Parkway; • Identified four east -west streets that do not serve as significant transportation connectors between South 8th Street and South Broadway Street (West C Street, West D Street, West E Street and West F Street) and presented two schematic level options to reduce their pavement areas; • Developed ten priority phases each with a constriction budget of approximately $1.5M to constrict the storm sewer outfall strictures, trunk storm sewer systems and the two north -south and two east -west collector roadway sections, and fifteen to twenty subsequent phases to complete the remaining storm sewer system networks and street pavement improvements throughout the project area; and • Prepared preliminary estimates for the engineering, surveying and constriction costs associated with overall constriction (including 20% contingency for the constriction). Prepared constriction cost estimates for the first ten priority phases and the pavement reduction options. -18- City of La Porte CobbFendley Concrete Street Program Study July 21, 2011 EXHIBITS O CLARK RD °ter Cedar LEGEND HCFCD CHANNELS t PFr B a w PROJECT LOCATION x'c°sS —BANG RD Y �gJFr 'Ti 5T a G?i PORTER �¢S RD tt CD 01 jk�l� 7 P d � � _ LOCATION 15 F 01 -OG —GO — F 1 w 1 03 —E00 q F tC i °C0 Fh 9an I ST La � R 11 IT P orte L �_ 4 U`00 °.00 s a F2�QQ IE Ii rz .� tt ROS i Ca �a I TEDR D� H4MM1' FEfvCER _ N z F Ff. ,SON PKY 0 nlRr,�o `� I " PROJECT r` ° a LOCATION I? � Y i s R S _ Galveston Bay ODE TY 146 RD , EXHIBIT 1 ROO ER � rt EST aa�' cobbFendley Texas Reg strat on No 2T4 13430 Northwest Freeway Suite 1100 Houston, Texas ]]040 0 y -AR '. 713. 462.3242 1 fax 713.462.3262 1 www.00bfen.00m , a. r� NOREf ,RE :E 'D 1 "1 4 _?.,C JOB NO. 1012056 CITY OF LAPORTE LAPORTE, TEXAS A 4 Q CONCRETE STREET Pasader� s F `_� ° PROGRAM STUDY a m C j C, VICINITY MAP ��'✓ RQ DR SUBMITTED SCALE I" =4000' DESIGNED BY CA D- BY CE n Oy O �FUE P [ju rD RTPD : pPRk DATE. 4/1'11 SURVEY BY F B NO SHEETNO: 1 OF 1 DVVD. NO City of La Porte CobbFendley Concrete Street Program Study July 21, 2011 APPENDIX "A" - PROJECT COST ESTIMATES Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/2011 Cost Estimate 1 - Overall Construction, Engineering, Surveying, and Contingencies ISM 11 CobbFend OVERALL PROJECT Item Item Description Unit Quantity No. Unit Price Extended Price BASE BID ITEMS: For 639 STA. of Roadway GENERAL 1 Mobilization LS 1 $ 1,278,000.00 $ 1,278,000.00 2 Traffic Control and Regulations LS 1 $ 639,000.00 $ 639,000.00 3 Remove and Replace all signage LS 1 $ 223,650.00 $ 223,650.00 4 Clearing and Grubbing LS 1 $ 191,700.00 $ 191,700.00 5 SWPPP Protection LS 1 $ 127,800.00 $ 127,800.00 6 Sodding SY 224,000 $ 3.50 $ 784,000.00 GENERAL ITEM SUBTOTAL $ 3,244,150.00 PAVI NG 7 Roadway Excavation STA 639 $ 1,800.00 $ 1,150,200.00 8 7" Reinforced Concrete Pavement, complete -in- place SY 84,000 $ 45.00 $ 3,780,000.00 9 6" Reinforced Concrete Pavement, complete -in- place SY 135,200 $ 35.00 $ 4,732,000.00 9 6" Lime Stabilized Subgrade SY 249,000 $ 2.50 $ 622,500.00 10 6" Reinforced Concrete Curb LF 127,800 $ 3.00 $ 383,400.00 11 Lime (8%) TON 5,400 $ 160.00 $ 864,000.00 12 7 " Reinforced Concrete Driveways SY 10,000 $ 47.00 $ 470,000.00 13 6 " Reinforced Concrete Driveways SY 41,100 $ 37.00 $ 1,520,700.00 14 Adjust Existing Inlets, Manholes, and Valve Boxes to Grade LS 1 $ 95,850.00 $ 95,850.00 15 4" Concrete Sidewalk, complete -in -place SF 544,000 $ 4.50 $ 2,448,000.00 16 Curb Ramps, complete -in -place EA 340 $ 1,500.00 $ 510,000.00 17 5" Concrete Trail (8 or 10 ft wide, Complete -in- Place SF 95,000 $ 5.00 $ 475,000.00 18 Parking Off - Street, 6" Concrete Pavement, 6" Curb, and 6" Sub - grade, complete -in -place SY 13,000 $ 42.00 $ 546,000.00 PAVING ITEM SUBTOTAL $ 17,597,650.00 DEMOLITION 19 Remove and Dispose of Pavement, Street, Drives, and Sidewalk, All Thicknesses (02221) SY 162,900 $ 4.00 $ 651,600.00 20 Remove and Dispose of Storm Sewer - pipe size 15" and less LF 3,200 $ 8.00 $ 25,600.00 21 Remove and Dispose of Storm Sewer - pipe size 18" LF 9,300 $ 10.00 $ 93,000.00 22 Remove and Dispose of Storm Sewer - pipe size 24" LF 15,600 $ 12.00 $ 187,200.00 23 Remove and Dispose of Storm Sewer - pipe size 30 " -42" LF 5,600 $ 14.00 $ 78,400.00 DEMOLITION ITEM SUBTOTAL $ 1,035,800.00 STORM SEWER 23 Inlets and Manholes (Cone.) - All types and depths EA 980 $ 2,600.00 $ 2,548,000.00 23 12" Drain Basins EA 960 $ 675.00 $ 648,000.00 24 8" PVC Storm Sewer LF 35,200 $ 20.00 $ 704,000.00 25 24" Storm Sewer LF 24,200 $ 55.00 $ 1,331,000.00 26 30" Storm Sewer LF 4,400 $ 70.00 $ 308,000.00 27 36" Storm Sewer LF 8,500 $ 80.00 $ 680,000.00 28 42" Storm Sewer LF 1,800 $ 90.00 $ 162,000.00 29 48" Storm Sewer LF 2,100 $ 100.00 $ 210,000.00 30 54" Storm Sewer LF 600 $ 150.00 $ 90,000.00 31 60" Storm Sewer LF 1,400 $ 210.00 $ 294,000.00 32 66" Storm Sewer LF 100 $ 260.00 $ 26,000.00 33 72" Storm Sewer LF 1,000 $ 300.00 $ 300,000.00 34 78" Storm Sewer LF 100 $ 325.00 $ 32,500.00 35 84" Storm Sewer LF 500 $ 425.00 $ 212,500.00 36 96" Storm Sewer LF 1,000 $ 450.00 $ 450,000.00 37 108" Storm Sewer LF 1,000 $ 475.00 $ 475,000.00 38 114" Storm Sewer LF 700 $ 500.00 $ 350,000.00 39 Channel Improvements Downstream of 3rd Street Outfall (Weir or culvert, and etc.) LS 1 $ 250,000.00 $ 250,000.00 STORM SEWER ITEM SUBTOTAL $ 9,071,000.00 MISC. UTILITY ITEM SUBTOTAL 40 lGeneral Utility Adjustments LS 1 1 $ 400,000.00 $ 400,000.00 MISC UTILITY ITEM SUBTOTAL $ 400,000.00 $ 31,348,600.00 BASE BID ITEM SUBTOTAL Engineering, Surveying, and Contingencies 1 Surveying LS 1 $ 515,000.00 $ 515,000.00 2 Engineering(Design and Construction including Geo -tech) LS 1 $ 4,150,000.00 $ 4,150,000.00 3 Contingencies (20%) LS 1 $ 6,269,720.00 $ 6,269,720.00 Engineering, Surveying, and Contingency Item Subtotal $ 10,934,720.00 ESTIMATED TOTAL COST $ 42,283,320.00 D: \cfa\ 2010 \12056.la_porte_concrete \ENG \HEATH \Cost Estimate_7- 5- 1 1.x1s 1 of 1 Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/2011 Cost Estimate 2 - Overall Construction and Phases 1 -10 mom 0 T rb (Construction only) BA ® ®® ® ®® PAVING ITEM SUBTOTAL 17,597,650.00 11-M - - �' 30 -42 DEMOLITION ITEM SUBTOTAL ® m m MISC Nil UTILITY ITEM SUBTOTAL BASE BID ITEM TOTAL D: \cfa\ 2010 \12056 1 a_porte_concret. \ENG \HEATH \Cost ESti— I.75 -11 .1s 1 of 2 Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/7/2011 Cost Estimate 2 - Overall Construction and Phases 1 -10 mom -idley C obb Fei IR,m E.t.1d.d Pro. .1amity E.t.1d.d Pro. Quantity E.t.1d.d Pro. Quantity E.t.1d.d Pro. .1altity E.t.1d.d Pro. .1altity E.t.,d.d Pro. �:.:. ITEMS 101-S TA. 01 R-d—Y D—iiiI 110j.Ct ® ® ®® ® ®® Curb and 6 Sub-grad, Rompl,o, in RaRe PAVING ITEM SUBTOTAL Or Sid a Al Thi 'kness (02221, m ® SUBTOTA BASE BID ITEM TOTAL D: \cfa\201 0\12056 la_porte_concr.t. \ENG \HEATH \Cost Estimate_]5-11 As 2 of 2 Client: City of LaPorte Project Name: Concrete Street Program Study Date: 7/21/2011 Cost Estimate 3 - Overall Construction and Pavement Reduction Options C obb so M (Construction only) CURRENTLY INCLUDED IN OVERALL (28' CONC. W/ CURB) OPTION "A" (12' CONC. WIOUT CURB) OPTION "B" (20' CONC. W/OU CURB - TWO WAY ST.) OPTION "B" DRIVABLE GRASS WIOUT ® ® ® ® ® ®® GENERAL ITEM SUBTOTAL ■ ®® ® ® ® ®® ■ ® ® ® ® ®® PAVING ITEM SUBTOTAL 17,117,111.11 D' , d Sid dlk All Thik,.ss.s (022211 ■ ■ ■ ■ ■ ® ® ® ®® DEMOLII ION ITEM SUBTOTAL ■ ® ® ® ® ®® STORM SEWER ITEM SUBTOTAL ®� �® MISC. UTILITY ITEMS BID ITEM SUBTOTAL ALTERNATE PAVEMENT REDUCTION ITEMS v ®® ®® ALTERNATE PAVING REDUCTION ITEM SUBTOTAL BASE PLUS ALTERNATE BID ITEM TOTAL FOR SCENARIO ... . .. 6 \Cfa\ 2010 \120561ayort._co,,,.t. \ENG \HEATH \Cost ESOmafe_7511.11s 1 of City of La Porte CobbFendley Concrete Street Program Study July 21, 2011 APPENDIX "B" - DRIVABLE GRASS BROCHURE a m - a � . . Access Easements Fire Lanes Parking Areas Driveways RV & Boat Storage Golf Cart Paths Bio -Swale Reinforcement Green Roofs Pathways Maintenance Yards RV Parks Boat Ramps Slope Armor Trickle Channels Stream Bank Installation Culvert Outlets DRIVABLE GRASS® is a prime example of the new generation of environmentally friendly products that engineers and designers should specify and the development and building industries must provide in this era of sustainability. DRIVABLE GRASS® can be used in place of poured concrete and asphalt for a wide variety of applications. It is designed for use in areas where a permeable, vegetated vehicle access or parking surface is beneficial or required. In addition to driveways and parking stalls, other applications include emergency and service COMMERCIAL APPLICATIONS as "GREEN" driveways, side yard parking access, garden paths and permeable patios provides a perfect opportunity to minimize storm water runoff and reduce heat island effect. development (LID) strategies, the use of DRIVABLE GRASS® There are many reasons for choosing DRIVABLE GRASS® with an alternative inf ill. Whether it's environmental concern, an aesthetic choice, regional climate response or regulatory constraint, not everybody wants to grow turf grass. Alternative infills basically divide into two classes: alternative planting and non - vegetated materials. Alternative plants for DRIVABLE GRASS® include ground covers and non -turf grasses. With alternative plants, the installation profile remains the same as with turf- grass; a mix of sand and organic material above and below the mats to act as a rooting zone. In some cases the plant material can be seeded like turf grass, while others may require hand installation of plant plugs in the void spaces between the mat pads or even the periodic removal of individual pads for installation of plant sizes up to a 4" pot. Watering requirements will depend on the plant material selected, but in most cases it will be significantly lower than for turf grass. Non - vegetated infills include crushed rock, sand, dirt, bark mulch and even artificial turf. Each of these products may be chosen for their particular properties, as well as the fact that they require no water. A one -inch layer of sand, without added organic material, is placed as a leveling base below the DRIVABLE GRASS® mat for non - vegetated infill. The sand base is placed over a landscape filter fabric to prevent weed growth. SAND GRAVEL DIRT BARK GROUND COVER ARTIFICIAL GRASS ALTERNATIVE INFILLS k LU 9 � mom � n ` % g D a \ f §) ®( ) ƒ � � � 9 ) \ { / \ " E § a & \ e / 0 Q ) &7# \2\ N a m co 6 Z o c O ¢� W [o — 'o E �jc m o Q O c O N a = � Cn G a, ¢ CO d a �N i C3 a cC m c a Gn E5 c � CD'c i a co=in r G G U m z t n c �; N 3: c's E� m N m c y Q G w G W 2 cV M E z Q G 2 O o W O Cc o� U e CMO G N a a a o (D Co a m co a C7 o� d Cn � aE cz E U _U C N G N p O�� m °a o CJ QN Cp G Q- � �Mc a ~ate Cts a) U T CO E N G Lu c cz o c E N 4 N.RS ,Na S UCl O R R N z Z X X I N C3 co O O a`> m c w 'o Cn Q. m c a cz CL E U .y cccc G Q' CL 3' 0 0 0 . 0 . 0 . 0.0 c c c co c E 0 0 0 0 G G G G O U a r 1 O Ln W - CC O N G co [o Cn Cn � Cn U � O O -e Cfl U O 7 7 7 Cn Cn CO CO W N O N y j a c C� o in C.7a �v)a m y m M � C3 O C3 CJ CJ C3 N U) Cl) - I p 1 �2 v CC 4 CC CS O mm o� c N C3 W N cz o N U CL N cn 75 a 'in p Q- O �QQ O y h G G m II R C2 O ya Qm -p m c o 3 y C3 cli -Z ° m gIR � � •? 3 ¢ate =�a��i� O G U _ a •`O � O h N G m i a .Rp E� ¢1 y m u O O y R ¢ � �5 •O C7 a' i� o 0 aama Ey 2 W C a y Q1 U �l y .OI Z �A.a 5 m ma Property Value Nominal Area txWxH 24 "x 24" x 1.5" Gross Area of each mat 4 s.f. Concrete Strength 5000 psi Weight of each mat 45 Ibs Flexibility min. radius of curvature 12 in Plantable Area 60% 100% for Sod Concrete Surface Area 40% Concrete Bearing Area 88% Mats per pallet 60 Area covered per pallet 240 s.f. Color* Buff/Tan, Grey, Terracotta DRIVABLE GRASS® easily allows for difficult installations such as vertical curves and grade breaks to be achieved, due to its flexiblility. Its grid connected independent concrete pads are designed to flex and conform to irregular ground surface contours along predefined linear grooves without coming apart. Easily handled by one person, the 2' x 2' mats are quickly installed and don't require mechanical compaction to hold them in place. For additional information, visit our website at www.soilretention.com 10 LEED Credits and Potential Point Contributions Section Intent/Application Example Uses Credit Points Alternative Parking capacity DRIVABLE GRASS would allow 4.4 1 Transportation overflow parking that would not count 1 1 -5 for excess of local zoning requirements Site Development Protect/Restore Habitat Overflow Parking Stalls, Bioswale 5.1 1 Site Development Maximize Open Spaces Parking Stalls, Access Roads, 5.2 1 Walkways /Pathways Stormwater Design Quantity Control Bioswale, Trickle Channels, Parking 6.1 1 Areas, Vegetated Roof Stormwater Design Quality Control Credit Bioswale, Trickle Channels, Parking 6.2 1 Areas, Vegetated Roof Heat Island Effect Non -Roof Parking Areas and Access Roads 7.1 1 Heat Island Effect Roof Green Roof Pathways /Erosion Control 7.2 1 Water Efficient Reduce by 50% Use as a permeable surface /filter to 1 2 -4 Landscaping or No Potable Water collect water which can then be used Use or Irrigation for landscaping Use with alternate infills or drought tolerant groundcovers or as part of a Xeriscape w /gravel infill for erosion control Recycled Content 10%/20% 45% Cement Replacement with 4 1 -2 (Post- Consumer Fly Ash in Concrete Mix + 1/2 Pre- Consumer) Regional Materials 10% / 20% Extracted We currently manufacture in several 5 1 -2 Processed and states. Please contact us for locations. Manufactured Regionally Innovation in Design 1 1 -5 BENEFITS LOW IMPACT DEVELOPMENT (LID) Drivable Grass® provides a soft visual look. BEST MANAGEMENT PRACTICE (BMP) Long term effective solutions. DURABILITY Drivable Grass° has a concrete compressive strength of 5,000 psi. The design allows Drivable Grass° to move up and down with a freeze /thaw cycle. STRENGTH Proven load capacity — see Oceanside Fire Department and other test reports. FLEXIBILITY WITHOUT MEMORY Reinforcing grid and grooves in Drivable Grass® give it the ability to conform to uneven contours in the sub -base. BIO- FILTRATION Insects and micro - organisms within the grass infill help to significantly break down pollutants in the stormwater. PERMEABILITY Reduces site runoff, promoting ground water recharge and onsite storage. ROOT PENETRATION Drivable Grass° allows for superior root penetration into the underlying sub -grade promoting healthy growth. LOWER RUNOFF COEFFICIENT "C" Helps to reduce storm drain and inlet size. REDUCTION IN HEAT ISLAND EFFECT Light color and grass surface reflects solar radiation helping to cool the surroundings. LESS EXCAVATION Requires less removal of sub -base than traditional pavers or thick blocks. QUICK EASY INSTALLATION Placement of 4 s.f. at a time. Drivable Grass° is installed in half the time of conventional pavers. 13 Replace conventional detention basins and gain more usable space! Bedding Course/ Root Zone Structural Base Section Exsisting Sub Grade DRIVABLE GRASS® consists of a unique lattice -style structure that allows vegetation to grow through it while simultaneously providing a solid surface with strength comparable to more common paving materials. The permeable nature of DRIVABLE GRASS® enables precipitation to infiltrate into the underlying soil, thus increasing on -site storm water storage and minimizing runoff. Property Value Run off coefficient (C) Aggregate Infill 0.1 -0.6 Grass Infill 0 -0.4 ** Infiltration rate (K in /hr) Aggregate Infill 4 -40 Grass Infill 1 -4 ** Manning's Roughness Factor (n) - 0.025 -0.03 * / ** NOTES: Depends on size, shape of aggregate used as infill ** Depends on amount and type of grass used Groundwater Table 14 STORM WATER MANAGEMENT Permeability Surface Storage Capacity ion 15 NOTE: Adjacent Surface Varies Depending on Application City of La Porte, Texas 2010 Concrete Street Program for the City of La Porte - Drainage Study CobbFendley Project No. 1012 - 056 -00 13430 Northwest Freeway, Suite 1100 1 Houston, Texas 77040 1 Voice (713) 462 -3242 1 Fax(713)462-3262 I www.cobbfendley.com TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................. ............................... 1 SECTION 1 -INTRODUCTION ....................................................... ............................... 2 1.1 Project Name and Purpose ..................................................... ............................... 2 1.2 Project Limits .......................................................................... ............................... 2 1.3 Project Objectives ................................................................... ............................... 2 1.4 Assumptions and Constraints ................................................. ............................... 2 1.5 Prior Studies ........................................................................... ............................... 3 SECTION 2 - EXISTING CONDITIONS ........................................... ..............................4 2.1 Location and Topography ....................................................... ............................... 4 2.2 Land Use ................................................................................ ............................... 5 2.3 HCFCD Facilities and Unit Numbers ...................................... ............................... 5 SECTION 3 -HYDROLOGY AND HYDRAULICS .......................... ............................... 6 3.1 Analysis Objective .................................................................. ............................... 6 3.2 Hydrologic Methodology ......................................................... ............................... 6 3.3 Pre - Project Conditions ............................................................ ............................... 7 SECTION 4 - PROPOSED DRAINAGE PLAN ............................... ............................... 8 4.1 Description .............................................................................. ............................... 8 4.2 Hydrological Anal ysis .............................................................. ............................... 8 4.3 Hydraulic Analysis .................................................................. ............................... 9 4.4 Outfall Considerations .......................................................... ............................... 11 SECTION 5 - CONCLUSION ........................................................ ............................... 15 MAPS AND EXHIBITS 1. Vicinity Map 2. Project Area Map 3. Existing Conditions Drainage Area Map 4. Effective FEMA Flood Insurance Rate Map 5. Proposed Conditions Drainage Area Map APPENDIX Hydrologic Calculations HouStorm Output Tables EXECUTIVE SUMMARY This study presents the results of a drainage study for the La Porte Concrete Street Program which provides a basis for the future storm sewer design of the existing neighborhood bounded by Main Street, South Broadway, Fairmont Parkway and SH 146 in the City of La Porte, Harris County, Texas. The La Porte Concrete Street Program envisions replacement of existing asphalt and concrete streets with the phased construction of concrete curb and gutter streets combined with a proposed storm sewer trunk capable of conveying a 5 -year design storm event. The existing condition neighborhood is well established with a grid - pattern layout, and is drained by a combination system of roadside ditches, culverts and closed storm sewers. There are currently several concrete curb and gutter streets within the limits of this project area with storm sewers which were constructed in the 1960's. The existing storm system drains approximately 282 acres, or 0.44 square miles. The land generally slopes to the south at an average two percent slope, with 5 Street serving as the drainage divide in the east -west direction. Elevations range from 20 feet in the northern portion of the project area to 14 feet in the southern area. The existing condition project area is currently divided into four (4) individual drainage systems, with outfalls located at D Street (west of 8 Street), H Street (west of 8 Street), Fairmont Parkway at Little Cedar Bayou (HCFCD Unit #F216- 00 -00), and 3 rd Street (south of Fairmont Parkway). All outfalls are within the Little Cedar Bayou watershed. The proposed drainage plan includes the replacement of all roadside ditches and driveway culverts with concrete curb and gutter streets, sidewalks, inlets, and an underground storm sewer system within the project limits. The drainage concept utilized to design the proposed storm sewer for this project was to construct a storm sewer trunk which was capable of conveying flow to each of the existing condition outfalls for Systems A, B and C with an equal or lesser amount of flow than in the existing condition. This was accomplished by reducing the overall contributing drainage areas for Systems A, B and C and re- routing the remaining drainage areas to flow toward the 3 rd Street storm sewer trunk outfall. The proposed storm sewer layout and proposed drainage system boundaries are shown in Exhibit 5. Through this analysis we have determined that the proposed storm sewer plan will result in no impacts to Little Cedar Bayou since all proposed condition flows draining to Little Cedar Bayou are less than or equal to the existing condition flows for Systems A, B and C. In accordance with the City of La Porte's Storm Water Drainage Criteria, detention is not required to mitigate the increased flow at the 3 rd Street outfall due to its relative proximity to Galveston Bay as the outfall is located downstream of SH 146. 1 SECTION 1 - INTRODUCTION 1.1 Project Name and Purpose "2010 Concrete Street Program for the City of La Porte" - Drainage Study The purpose of the project is to examine and recommend changes to the existing drainage infrastructure by designing a "backbone" storm sewer network. This proposed storm sewer network will be designed to accommodate a 5 -year storm event for full development of the area. 1.2 Project Limits The detailed hydraulic study is limited to the storm sewer systems bounded by 8 Street to the west, 1 St Street to the east, A Street to the north, and Fairmont Parkway to the south. The entire project is located within the City of La Porte, Harris County, Texas. 1.3 Project Objectives Project objectives include: • Analyze the existing hydrologic and hydraulic conditions within project limits to quantify the amount of flow in the existing condition • Create a proposed overall storm sewer plan for the project location and to provide conveyance capacity for the 5 -year design storm event • Address any impacts associated with the proposed improvements 1.4 Assumptions and Constraints Survey data obtained in March 2011 provided elevations at the existing outfall locations. Roadway and natural ground elevations were delineated from 2002 Light Detection and Ranging (LiDAR) data. The existing storm sewer is based on available record drawings and on -site observations. Land use determination is based upon current aerial photography. Based on record drawings and information obtained from the City of La Porte, Broadway Street flows south from G Street, through Fairmont Parkway, outfalling into F216 -00 -00 approximately 2,300 feet to the south. This storm sewer however is also interconnected with the Fairmont Parkway storm sewer via 2 -36" RCPs. Since storm sewer improvements along Fairmont Parkway are considered beyond the scope of this study, it was assumed that all flow from Broadway to the east exists as a separate system and therefore is not included in this drainage study. K 1.5 Prior Studies "City Wide Drainage Study" City of La Porte, January 2009 by Klotz Associates, Inc. "Watershed Study for the Little Cedar Bayou Watershed ", January 2000 by Binkley & Barfield, Inc. "Flood Insurance Study (FIS)" prepared by the U.S. Army Corps of Engineers 3 SECTION 2 - EXISTING CONDITIONS 2.1 Location and Topography The project area is located entirely within the City of La Porte, Harris County, Texas, and includes 1" through 8 th Streets and A Street through Fairmont Parkway (see Exhibit 1 — Vicinity Map and Exhibit 2 — Project Area Map). The total land area represented is approximately 282 acres (0.44 square miles). The land generally slopes southward at an average two percent slope. 5th Street serves as the high point in the east -west direction. Elevations range from 20 feet in the northern region to 14 feet in the southern region. The overall project area in the existing condition is divided into four (4) separate drainage systems based upon where each system outfalls. The existing condition drainage area map can be seen in Exhibit 3. System A serves D Street northward, covering an area of approximately 107 acres. The storm system is comprised of roadside ditches and driveway culverts, with storm sewer trunk lines running south along 4 th Street and west along D Street. This system outfalls into a grass lined ditch to the west of 8 th Street, flowing off -site into a 6'x6' box culvert below SH146. System B serves the central- western portion of the project area, draining approximately 50 acres. The storm system is comprised entirely of roadside ditches and driveway culverts, flowing to the south and west. This system outfalls west of the 8 th Street and H Street intersection into Little Cedar Bayou, through a 36" corrugated metal pipe (CMP), along with an 8 -foot overflow weir. System C serves the southwestern portion of the project area, draining approximately 38 acres. The storm system is comprised of roadside ditches and driveway culverts, as well as storm sewer at some locations along I Street and 6 th Street. The system flows into the Fairmont Parkway storm sewer, then outfalling to the west into Little Cedar Bayou through a 48" RCP. System D serves the southeastern portion of the project area, draining approximately 81 acres. The storm system is comprised of roadside ditches and driveway culverts, with storm sewer trunk lines running south along 2 nd Street and 4 th Street. This system flows into the Fairmont Parkway storm sewer, then outfalling south of 3 rd Street into F216 -04 -00 through a 72" reinforced concrete pipe (RCP). C! 2.2 Land Use The project area is primarily residential, with a majority of lots less than Y4 acre in area. Some commercial development exists along Main, Broadway, Fairmont, and 8 Street. 2.3 HCFCD Facilities and Unit Numbers The project area is served by Little Cedar Bayou (F216- 00 -00) and its tributary F216- 04 -00. Little Cedar Bayou has been studied by the Federal Emergency Management Agency (FEMA) and issued a Flood Insurance Rate Map (FIRM) depicting base flood elevations as well as the limits of the 100 - year floodplain (see Exhibit 4). 5 SECTION 3 - HYDROLOGY AND HYDRAULICS 3.1 Analysis Objective The objective of this analysis is to determine the existing flows associated with each drainage system, identify any existing structural deficiencies (undersized storm sewer, inadequate outfall pipes, etc.), develop a proposed storm sewer system capable of conveying the 5 -year storm event, and address any impacts associated with the proposed improvements. The hydrologic and hydraulic methodologies for the project followed the City of La Porte's Public Improvement Criteria Manual, Chapter 5 — "Storm Water Design Criteria ", dated June 16 2009. The study utilized HouStorm software in the design of the proposed storm sewer systems. 3.2 Hydrologic Methodology The existing drainage area boundaries were determined based on overland sheet flow patterns, parcel boundaries, and existing storm sewer. Overland flow patterns were based on available LiDAR data and known channel configurations. Drainage lines and catchment boundaries were delineated using ArcHydro, an extension application of ArcGIS by ESRI. Based on this information, four (4) drainage systems were identified. The existing drainage calculations were based on a 5 -year design storm event as required by the City of La Porte Drainage Criteria. Flows were calculated using the Rational Formula, expressed as: Q = I x (CA) Where Q = 5 -year peak discharge (cfs) I = Rainfall intensity (in /hr) C = Runoff coefficient ( -) A = Drainage area (ac) The runoff coefficient was determined by using values defined by the La Porte Storm Water Drainage Criteria. In areas where multiple land uses are present, a weighted C -value was calculated. The rainfall intensity is based on the IDF Curves provided within the Drainage Criteria. The Time of Concentration for each drainage area was calculated from the hydraulic flow path of each drainage area. For simplicity, the flow path in each system was divided into three categories: overland, roadside ditch, and storm sewer, with average velocities of 0.5 fps, 1.5 fps, and 3.0 fps, respectively. The time of concentration was determined as the combination of the overland, drainage ditch, and storm sewer flow time. The existing hydrologic calculations are included in Appendix A. A 3.3 Pre - Project Conditions Significant drainage improvements have been completed recently in the western portion of the subdivision, especially along 8 Street. These improvements include ditch reshaping /re- grading, additional driveway culverts, and outfall improvements. 7 SECTION 4 - PROPOSED DRAINAGE PLAN 4.1 Description The proposed drainage plan will serve as a storm water master plan for the entire subdivision within project limits. The plan will replace all roadside ditches and driveway culverts with curb and gutter streets, inlets, and an underground storm sewer network. The proposed plan continues to utilize the four existing outfall locations, dividing the project into four (4) drainage systems (refer to Exhibit 5 — Proposed Conditions Drainage Area Map). The proposed drainage plan was designed to limit the 5 -year discharge in Systems A, B and C to a rate which was equivalent or below the existing condition by shrinking the drainage area, then re- routing the remaining area to flow toward the 3 rd Street outfall. 4.2 Hydrological Analysis The proposed drainage plan incorporated the existing outfall locations and replaced the existing roadside ditches and driveway culverts with the proposed storm sewer. To help alleviate additional costs, the existing storm infrastructure was utilized where possible. These existing storm sewers will need to be inspected to ensure that they are still in good serviceable condition prior to construction. Each drainage system was subdivided into smaller areas in order to provide for a manhole -level hydraulic design and analysis. Runoff coefficients were increased to reflect proposed pavement throughout the subdivision. The time of concentration, 5 -year rainfall intensities, and the resulting 5 -year peak flows were then recalculated using methodology described earlier. Table 1 below, shows the difference in drainage area composition. Table 1 identifies how drainage areas were re- delineated in the proposed condition to reroute the majority of the flow down 3 rd Street to the outfall. Detailed hydrologic calculations for the proposed condition are located in Appendix A. System Existing Condition Proposed Condition Area (acres) C -Value (-) Area (acres) C -Value (-) A 106.81 0.60 67.60 0.65 B 49.73 0.67 27.90 0.69 C 37.97 0.72 27.20 0.74 D 87.81 0.62 165.50 0.65 Table 1: Existing vs. Proposed Drainage Area Composition Comparison E:3 In the proposed hydrologic model, there is an increase in imperviousness throughout the project area due to sidewalk and roadway improvements. The total additional imperviousness was calculated for each drainage area, which translated into an increase of the runoff coefficient in the proposed model. The proposed hydrologic calculations are included in Appendix A. 4.3 Hydraulic Analysis The proposed storm sewer system was designed to provide conveyance capacity for the 5 -year storm event as defined by the City of La Porte's Storm Water Drainage Criteria. A plan view layout of the proposed storm sewer is located in Exhibit 5 — Proposed Conditions Drainage Area Map. Detailed hydraulic calculations from HouStorm are located in Appendix B. For the proposed storm sewer system, a 5 -year steady state design and analysis was performed using HouStorm software. HouStorm is an updated release of TxDOT WinStorm 3.05 Storm Drainage Design software. The software utilized Manning's equation to determine peak discharges and pipe capacities. The City of La Porte drainage criteria indicates that the starting tailwater elevations for storm sewer analysis should be set to the 25 -year water surface elevation, 80% the height of the receiving channel or top -of- pipe, whichever was highest. Since no 25 -year water surface elevation data was available, the effective HEC -RAS model 10 -year water surface elevation was used. It should be noted that the 10 -year water surface elevation was approximately equal to the 80% full requirement. The System A proposed storm sewer layout flows toward D Street, and then west into the existing outfall channel. The outfall channel flows west into a 6'x6' box culvert passing under SH 146, then into an open channel, eventually combining with Little Cedar Bayou. Proposed storm sewer sizes range from 24" to 60 ". The existing storm sewer along D Street was retained in the proposed model since it was determined to be of adequate size for the 5 -year storm event. (Note: the 8 Street proposed storm sewer was modeled separately in HouStorm since it is not directly connected to the existing 72" D Street storm sewer, though it shares the same outfall channel.) The proposed improvements resulted in a reduction of flow in the 5 -year design event of 6 cfs. The System B proposed storm sewer layout flows toward H Street, outfalling to the west into Little Cedar Bayou. Proposed storm sewer sizes range from 30" to 78" at the outfall into Little Cedar Bayou. The proposed improvements resulted in proposed condition flow which was 3 cfs less than the existing condition. The System C proposed storm sewer layout flows south toward Fairmont Parkway. It was decided to reuse the existing storm sewer along Fairmont, though being slightly under capacity for the 5 -year storm event. 01 30" RCPs were added along 7 Street and 8 Street. The Fairmont storm sewer flows west, outfalling through a 48" RCP into Little Cedar Bayou. The proposed improvements resulted in a 5 -year peak flow reduction of 9 cfs. The System D proposed storm sewer incorporates a main trunk line along 3 rd Street, flowing south across Fairmont Parkway, outfalling into F216 -04- 00. Pipe sizes range from 24" to 120" at the outfall. The storm sewer along Fairmont Parkway was retained in the proposed model. The proposed improvements resulted in a 5 -year peak flow increase of 291 cfs above the existing condition. This increase is associated with the additional 78 acres rerouted from Systems A, B and C into this system, the increase in imperviousness from the proposed pavement, and the shorter time of concentration related to the replacement of roadside ditches with storm sewer. Storm sewer sizes in the proposed drainage plan were based on the City of La Porte's 5 -year storm event design criteria. Moreover, the storm sewer systems were designed with shallow slopes in order to maintain flow velocities as near to 3 feet per second as possible. During future design /construction phases of this program, alternate pipe shapes and /or slopes can be utilized to address cover issues or other utility conflicts once a full topographic and utility survey is completed. Table 2 shows a comparison between the existing and proposed condition 5- year peak flows for each system. It is necessary to point out that the overall flows in the proposed condition for Systems A, B and C are less than the calculated existing condition flows. Although System D indicates there is a significant increase in flow, this increase is allowable per the City of La Porte's Public Improvement Criteria Manual Storm Water Design Criteria since the outfall is downstream of SH 146, in close proximity to Galveston Bay and there are no homes or businesses downstream to impact. System Existing Condition Proposed Condition 5 -yr Q (cfs) 5 -yr Q (cfs) A 247.90 241.77 B 113.40 110.40 C 125.26 115.80 D 215.30 506.35 Table 2: Existing vs. Proposed 5 -Year Peak Flows IN 4.4 Outfall Considerations D Street Outfall The D Street outfall serves System A in both the existing and proposed condition drainage models. The previous drainage study (Klotz, 2009) identified multiple flood complaints near this location. The outfall exists as a 55 -foot wide, 8 -foot deep open channel, which flows into a 6'x6' box culvert which flows under SH146. The culvert flows west into another open channel and eventually drains into Little Cedar Bayou. To accurately model the 6'x6' box culvert, an additional drainage area was delineated for flow coming from SH 146 into the culvert. This flow, approximately 100 cfs, was added to the existing flow from System A, for a total of 348 cfs flowing through the box culvert below the highway. Using the orifice equation to determine the headloss through the 6'x6' box culvert below SH146, the 5 -year storm event resulted in a 4 -foot headloss through the culvert. The orifice equation is defined as: Q = C 2gH Where Q = Orifice flow capacity (cfs) C = Orifice coefficient (0.6) A = Cross sectional area (sf) g = 32.2 feet / sec H = Head differential (ft) The HEC -RAS model for Little Cedar Bayou indicates that the 10 -year water surface elevation for this location is approximately 14.32'. When this elevation is combined with this amount of headloss through the 6'x6' box culvert under SH 146 the starting tailwater for System A would be approximately 18.5'. This starting water surface elevation would inundate the surrounding area regardless if there were any drainage improvements made within the project location (see Figure 1 below). Granted, this is not an apples to apples comparison since we are comparing a 5 -year storm sewer flow to a water surface elevation generated by a 10 -year rainfall event. This comparison still identifies a potential problematic area which can result in unwanted ponding within the project area. Refer to Exhibit 2 — Project Area Map for the existing contour map. III Figure 1: Headloss through 6'x6' Culvert below SH 146. In order to avoid any additional impacts at this outfall location or downstream, the proposed condition drainage plan was designed to limit the flow from System A to a rate which is below the existing condition. Re- routing flows south toward the H Street outfall, while offering some improvement at D Street, would introduce impacts downstream due to increased runoff. Another option to alleviate unwanted ponding within System A would be to install an additional cross culvert under SH 146 to convey the flow, and then to analyze the capacity of the F216 -00 -00 detention basin currently under development to receive the additional runoff. H Street Outfall The H Street outfall, west of 8th Street, exists as a combination 36" corrugated metal pipe and 8 -foot overflow weir serving System B. The outfall discharges into Little Cedar Bayou downstream of SH146. The weir equation below was used in conjunction with the orifice equation to calculate the conveyance capacity of this outfall. Q= C,„L Where Q = Weir flow capacity (cfs) Cw = Weir coefficient (2.80) Lw = L -0.2H L = Weir width (ft) H = Head above weir (ft) With an average weir width of 11 feet and the receiving channel water surface elevation set to 10.3' (80% of the channel height), the existing 5- year discharge of 113 cfs through the combined weir and orifice structure results in an upstream water surface elevation of 13.4.' lip) This outfall structure was replaced in the proposed condition model with a 78" RCP extending from 8 Street to the Bayou. This was proposed for multiple reasons. The flowline of the existing 36" CMP is too shallow to accommodate a 5 -year storm sewer system upstream. Also, the existing 36" CMP serves as a restrictor, causing the water to pond upstream until the overflow weir is utilized. The proposed 78" RCP has adequate capacity to convey the 5 -year storm event without the overflow weir. As reported earlier, the proposed 5 -year discharge is less than existing conditions. Fairmont Parkway @ SH 146 The System C proposed storm sewer outfalls into the existing system along Fairmont Parkway. The existing storm sewer flows west from 5 t " Street to Little Cedar Bayou west of 8 Street through a 48" RCP. This storm sewer and outfall was kept as existing in the proposed drainage plan. While slightly under capacity for the 5 -year storm event, the hydraulic grade line along the trunk line remains below gutter. Refer to Appendix B for System C proposed storm sewer calculations. 3 rd Street Outfall The System D storm sewer crosses Fairmont Parkway at 3 rd Street, outfalling into F216 -04 -00 to the south. The channel flows south, eventually outfalling into Little Cedar Bayou 1,800 feet downstream. A 550 -foot, 84" RCP has been installed on the channel along the wastewater treatment plant (approximately 650 feet south of Fairmont Parkway). The channel upstream of the wastewater treatment plant is approximately 6 feet deep and 50 feet wide. The channel is a grass -lined channel, with a slope ranging from 0.2% to 0.4 %. The existing channel and culvert configuration has capacity to convey the existing 5 -year storm event downstream within banks. In the proposed drainage plan, the existing 78" RCP at the System D outfall was replaced with a 120" RCP to convey the increased flow in the 5 -year storm event. Additional capacity will be required in F216 -04 -00 to convey the proposed flow. The existing channel is partially filled with sediment and debris upstream of the 84" pipe near the treatment plant. It is necessary to clean out the sediment and debris, thus restoring the channel to its originally designed full conveyance capacity. Additionally, in order to provide sufficient capacity to convey the proposed condition flow, an additional culvert alongside the existing 84" pipe at the treatment plant will be required. As an alternative, it may be possible to redesign the headwall above the culvert to include a weir structure to allow flow to pass over the culvert once the capacity of the 84" pipe is exceeded. A final alternative to increase conveyance capacity within F216 -04 -00 would be 1191 to remove the 84" pipe all together. It should be noted that this pipe was originally designed to alleviate channel bank failures near the treatment plant. Thus, this alternative might prove to be counter productive in the long run. Considering these alternative channel configurations, it is not anticipated that improvements along F216 -04 -00 will require additional right -of -way. As stated previously, although System D indicates there is a significant increase in flow, this increase is allowable per the City of La Porte's Design Criteria because the outfall is downstream of SH 146, in close proximity to Galveston Bay, and there are no homes or businesses downstream to impact. Also, it is necessary to point out that the increased flow from the proposed project improvements will not result in a change to the FEMA effective 100 -year floodplain. The 100 -year floodplain for this area is based upon a coastal flooding elevation of 12.5' and is not directly related to riverine flooding. 10 SECTION 5 - CONCLUSION The La Porte Concrete Street Program envisions using a phased approach to replace the present day streets within this project area with concrete curb and gutter streets in combination with a proposed storm sewer trunk capable of conveying a 5 -year design storm event. The overall proposed drainage master plan includes the replacement of all roadside ditches and driveway culverts with concrete curb and gutter streets, sidewalks, inlets, and an underground storm sewer system within the project limits. The drainage concept utilized to design the proposed storm sewer for this project was to construct a storm sewer trunk which is capable of conveying flow to each of the existing condition outfalls for Systems A, B and C with an equal or lesser amount of flow than in the existing condition. This was accomplished by reducing the overall area contributing to the outfalls for Systems A, B, and C. The remainder of the flow is rerouted (along with the flows from System D) to flow toward the 3rd Street storm sewer trunk outfall. The proposed storm sewer layout and drainage system boundaries are shown in Exhibit 5. Through this analysis we have determined that the proposed storm sewer plan will result in no impacts to Little Cedar Bayou upstream of SH 146 for the future developed condition since all flows in the proposed condition are less than the calculated existing condition flows. In accordance with the City of La Porte's Storm Water Drainage Criteria, detention is not required to mitigate the increased flow at the 3rd Street outfall due to its relative proximity to Galveston Bay as it is downstream of SH 146. 15 O CLARK RD Cedar° LEGEND HCFCD CHANNELS t PFr B a w PROJECT LOCATION x'c°sS —BANG RD Y �gJFr 'Ti 5T a G?i PORTER �¢S RD tt CD 01 jk�l� 7 P d � � _ LOCATION 15 F 01 -OG —GO — F 1 w 1 03 —I00 q F tC i °C0 Fh 9an I ST La � RH:T P orte L �_ 4 kU`00 °.00 s a F2�QQ IE Ii i ! rz tt i Ca �a I TEDR D� H4MM1' PEfvCER _ N z F FA. ,OON PKY 0 nIRI,�o I " PROJECT r` ° a LOCATION I? � Y i s Rc g Galveston Baia OS _ TX-146—BR EXHIBIT 1 110 ER 'r OT aa�' cobbFendley Texas Reg strat on No 2]4 13430 est Freeway Suite 1100 Ho-ton, Texas 77 U AIR , ]13. 462.3242 1 21 V.—o. 1 :. fa �. ,„. � r c N'JREf RE +E D -f.t,2 N 0 . 101 JOB N. 1012066 CITY OF LAPORTE LAPORTE, TEXAS a LAPORTE CONCRETE Pasaden PAVING PROGRAM 77 s C1 � � ELGm ° 'c j o VICINITY MAP p 'J Cl c �!� c F301 O( j , MR RD PARIOR 1161ITTED X4000' DesDNED BY CA L , , S M1 'j DATE —'1 SURVEY BY FBNO. SHEETNO 1 OF 1 D!AONO. ZONE X N PARK WAY w LIMITS ST 010300 uj Z 0 0 a � a J 0 LL Q ~ m t LE;Rq 'Y w N ST � z, TYLE y _ '- IEL t2p r. t - a ov ZONEVE (EL 17) iri. fl 2� ~ m , r r v` EXHIBIT 4 o oAeoEe 060020 k '` (Deer Creek) POS - s, r �2 _ A"R4JJI5 h sxitAN F 2 � -A s f b H H ¢ z . �iIj P�, , ,... :.«; •, -:,,,, j EL 13 ✓' 7� { L 1S ZONE AE 60015 IEL a F276D0 00 = } 3` o o� ZONE AE � q POLK y ° - ° (UIFreCeArr e IEL 7a) x a - �, a X, 1?ieX°°) m r s M1 z z z z z "a � FFF ZONE VE z (EL 77) w W MAIN 5T L ZO E X A W A ST - � " N S w B ST ` s � �0 zo E AE IE r � .' `° y S s wy 0� IEL �2 0 Sr w 0 ST m F 9F` �O �' ✓ g0I "F. W E ST E 8 E9� G 6ec ZONEVE O Zl}NE�X 5 ZONE 0600 ti v� ° r ZONE AE AE'. w N ST y _ '- IEL t2p r. t - a ov ZONEVE (EL 17) , r r v` EXHIBIT 4 o oAeoEe 060020 k '` n WALK POS - ,, -�. "k E ,Y - C'� � �',3 '�` ✓T ' r �J sxitAN IJ l r earl ph�a was usng endmen[s wh-,h mar have been made subsequen t to the date on the a ZONE X' '� . �iIj P�, , ,... :.«; •, -:,,,, j EL 13 he «t Fqt the ateso otoaem n �,matgn aegMt Nat «a Figod nsutan« ra Progm Mood maps check the FEMA Flood Map Stare a[wrwymscfemagov 1S ZONE AE 60015 IEL a F276D0 00 = } 3` o o� ZONE AE � q ZONE y ° - ° (UIFreCeArr e IEL 7a) x a - �, a X, 1?ieX°°) a �1n gFSS ZONE VE eEOaa M1 J f iEL 1511 aAVOU w "a � FFF ZONE VE (EL 77) PANEL 0945L FIRM FLOOO INSURANCE RATE MAP HARRIS COUNTY, TEXAS AND INCORPORATED AREAS PANEL 945 OF 1150 ism MAP IFR— wR FIRM PANEL v,ropn reroowcmar � �eo� spa tea_ MAP NUMBER 48201CO945L MAP REVISED: c JUNE 18, 2007 Federal E—g-ey Management Agency l Q MAP SCALE 1' = 1000' 5 00 0 1000 2000 ECT MF r v` EXHIBIT 4 o oAeoEe T n WALK POS - ,, -�. "k E ,Y - C'� � �',3 '�` ✓T ' r �J extra — al copy of a port — a ene above ,eferenced Mood map n cletl F MIT On L ne. 1H5 ma0 tloes not �efle[t tHanges IJ l _ F ZONE AE ph�a was usng endmen[s wh-,h mar have been made subsequen t to the date on the a ZONE X' '� . -- "n '✓;' -. _: ? -.. ®'' ,... :.«; •, -:,,,, j EL 13 he «t Fqt the ateso otoaem n �,matgn aegMt Nat «a Figod nsutan« ra Progm Mood maps check the FEMA Flood Map Stare a[wrwymscfemagov Q MAP SCALE 1' = 1000' 5 00 0 1000 2000 ECT MF APPENDIX A HYDROLOGIC CALCULATIONS Existina Overall Drainaae Area Calculations 1 OF 3 Y7k � �FLA 3� �1I f T I ��2 AIE �.,. 11111 T A 106.81 0.60 146 4.87 1,241 13.78 2,400 13.33 31.99 3.87 247.90 6.31 404.64 B 49.73 0.67 150 4.99 3,197 35.52 46 0.25 40.76 3.40 113.40 5.64 187.82 C 37.97 0.72 41 1.37 1,030 11.45 1,716 9.53 22.35 4.58 125.26 7.32 200.12 D 87.81 0.62 138 4.61 1,218 13.53 2,245 12.47 30.61 3.95 215.30 6.44 350.49 SH146 30.69 0.65 170 5.67 220 2.44 1,822 10.12 18.23 4.99 99.55 7.88 157.17 1 OF 3 APPENDIX A HYDROLOGIC CALCULATIONS r�iea �.awuiauuii� 7B 3.62 0.63 1 150 5.00 0 0.00 380 2.11 1 7.11 6.12 1 13.96 9.36 21.35 6C 3.49 0.63 150 5.00 0 0.00 370 2.06 7.06 6.12 13.45 9.36 20.56 7C 3.49 0.63 150 5.00 0 0.00 350 1.94 6.94 6.12 13.46 9.36 2059 . 7D 3.52 0.63 145 4.83 0 0.00 325 1.81 6.64 6.12 13.57 9.36 2075 . 4D 3.58 0.63 160 5.33 0 0.00 320 1.78 7.11 6.12 13.83 9.36 21.15 5D 3.49 0.63 140 4.67 0 0.00 370 2.06 6.72 6.12 13.45 9.36 20.57 6D 3.56 0.63 150 5.00 0 0.00 365 2.03 7.03 6.12 13.75 9.36 21.03 6F 3.42 0.63 140 4.67 0 0.00 340 1.89 6.56 6.12 13.20 9.36 20.19 6E 3.48 0.63 140 4.67 0 0.00 420 2.33 7.00 6.12 13.44 9.36 2055 . 7F 3.45 0.63 110 3.67 0 0.00 500 2.78 6.44 6.12 13.30 9.36 20.34 SYSTEM A (8TH STREET) 8A 2.21 7 0.63 206 6.87 0 0.00 120 0.67 7.53 6.12 8.54 9.36 13.06 SYSTEM B 6G 3.51 0.63 80 2.67 0 0.00 765 4.25 6.92 6.12 13.55 9.36 20.73 7G 3.55 0.63 80 2.67 0 0.00 560 3.11 5.78 6.12 13.69 9.36 2094 . 8G 4.88 0.75 0 0.00 0 0.00 760 4.22 4.22 6.12 22.41 9.36 34.28 61 1.79 0.63 140 4.67 0 0.00 200 1.11 5.78 6.12 6.92 9.36 10.59 6H 3.43 0.63 140 4.67 0 0.00 600 3.33 8.00 6.12 13.25 9.36 2026 . 71 1.84 0.80 140 4.67 0 0.00 200 1.11 5.78 6.12 9.02 9.36 13.79 7H 3.50 0.63 140 4.67 0 0.00 365 2.03 6.69 6.12 13.52 9.36 2067 . 81 1.79 0.80 140 4.67 0 0.00 200 1.11 5.78 6.12 8.78 9.36 13.42 8H 3.59 0.75 0 0.00 0 0.00 600 3.33 3.33 6.12 16.50 9.36 25.24 SYSTEM C 5J 3.36 0.63 140 4.67 0 0.00 460 2.56 7.22 6.12 12.95 9.36 1981 . 6J 3.43 0.63 140 4.67 0 0.00 200 1.11 5.78 6.12 13.24 9.36 2025 . 6K 1.86 0.80 140 4.67 0 0.00 200 1.11 5.78 6.12 9.13 9.36 13.96 7J 3.45 0.80 140 4.67 0 0.00 200 1.11 5.78 6.12 16.91 9.36 25.86 7K 1.87 0.80 140 4.67 0 0.00 200 1.11 5.78 6.12 9.15 9.36 13.99 8J 3.25 0.63 140 4.67 0 0.00 200 1.11 5.78 6.12 12.55 9.36 1919 . 8K 1.82 0.63 140 4.67 0 0.00 200 1.11 5.78 6.12 7.01 9.36 10.72 5K 1.84 0.80 210 7.00 0 0.00 150 0.83 7.83 6.12 9.01 9.36 13.79 OFF4 1.65 0.85 180 6.00 0 0.00 190 1.06 7.06 6.12 8.59 9.36 13.13 OFF3 1.68 0.85 180 6.00 0 0.00 150 0.83 6.83 6.12 8.74 9.36 13.37 OFF2 1.68 0.85 180 6.00 0 0.00 160 0.89 6.89 6.12 8.75 9.36 13.39 OFF1 1.33 0.85 180 6.00 0 0.00 170 0.94 6.94 6.12 6.94 9.36 10.61 2 OF APPENDIX A HYDROLOGIC CALCULATIONS r�iea �.awuiauuii� 5B 3.51 0.63 1 140 4.67 0 0.00 380 2.11 1 6.78 6.12 1 13.54 9.36 20.71 4B 3.56 0.63 140 4.67 0 0.00 400 2.22 6.89 6.12 13.73 9.36 20.99 1 B 2.70 0.63 140 4.67 0 0.00 330 1.83 6.50 6.12 10.40 9.36 15.90 2B 2.76 0.63 140 4.67 0 0.00 340 1.89 6.56 6.12 10.64 9.36 16.27 3B 3.77 0.63 160 5.33 0 0.00 380 2.11 7.44 6.12 14.55 9.36 22.25 5C 3.43 0.63 150 5.00 0 0.00 340 1.89 6.89 6.12 13.21 9.36 20.21 4C 3.49 0.63 150 5.00 0 0.00 330 1.83 6.83 6.12 13.47 9.36 20.60 1 C 3.49 0.63 145 4.83 0 0.00 350 1.94 6.78 6.12 13.46 9.36 2059 . 2C 3.49 0.63 130 4.33 0 0.00 390 2.17 6.50 6.12 13.47 9.36 2060 . 3C 3.72 0.63 150 5.00 0 0.00 370 2.06 7.06 6.12 14.36 9.36 21.96 4E 3.62 0.63 135 4.50 0 0.00 470 2.61 7.11 6.12 13.97 9.36 21.36 1 E 3.49 0.65 140 4.67 0 0.00 340 1.89 6.56 6.12 13.90 9.36 21.25 2E 3.51 0.63 150 5.00 0 0.00 360 2.00 7.00 6.12 13.52 9.36 2068 . 3E 3.69 0.80 150 5.00 0 0.00 320 1.78 6.78 6.12 18.09 9.36 27.67 5F 3.46 0.63 150 5.00 0 0.00 350 1.94 6.94 6.12 13.36 9.36 20.43 4F 3.61 0.63 140 4.67 0 0.00 300 1.67 6.33 6.12 13.94 9.36 21.32 1F 3.50 0.70 145 4.83 0 0.00 350 1.94 6.78 6.12 14.99 9.36 22.92 2F 3.57 0.63 150 5.00 0 0.00 335 1.86 6.86 6.12 13.78 9.36 21.08 3F 3.65 0.63 160 5.33 0 0.00 360 2.00 7.33 6.12 14.09 9.36 21.55 5G 3.54 0.63 145 4.83 0 0.00 340 1.89 6.72 6.12 13.66 9.36 20.89 4G 3.68 0.63 150 5.00 0 0.00 340 1.89 6.89 6.12 14.19 9.36 21.70 1G 3.51 0.70 0 0.00 0 0.00 750 4.17 4.17 6.12 15.03 9.36 22.99 2G 3.55 0.63 150 5.00 0 0.00 355 1.97 6.97 6.12 13.68 9.36 2093 . 3G 3.63 0.63 145 4.83 0 0.00 350 1.94 6.78 6.12 14.02 9.36 21.43 51 1.79 0.63 140 4.67 0 0.00 210 1.17 5.83 6.12 6.89 9.36 10.53 3H 3.58 0.63 1 150 5.00 0 0.00 370 2.06 7.06 6.12 13.83 9.36 21.15 41 3.58 0.55 145 4.83 0 0.00 460 2.56 7.39 6.12 12.07 9.36 18.46 11 3.39 0.75 145 4.83 0 0.00 280 1.56 6.39 6.12 15.56 9.36 23.79 21 3.56 0.63 150 5.00 0 0.00 350 1.94 6.94 6.12 13.73 9.36 21.00 31 3.63 0.63 150 5.00 0 0.00 340 1.89 6.89 6.12 14.00 9.36 21.41 4J 3.57 0.65 140 4.67 0 0.00 360 2.00 6.67 6.12 14.20 9.36 21.72 OFF5 1.82 0.85 225 7.50 0 0.00 180 1.00 8.50 6.12 9.47 9.36 14.48 11 3.54 0.75 165 5.50 0 0.00 415 2.31 7.81 6.12 16.24 9.36 24.84 OFF8 1.93 0.85 225 7.50 0 0.00 160 0.89 8.39 6.12 10.05 9.36 15.38 2J 3.65 0.63 155 5.17 0 0.00 340 1.89 7.06 6.12 14.09 9.36 21.55 OFF7 2.01 0.85 225 7.50 0 0.00 160 0.89 8.39 6.12 10.47 9.36 16.01 3J 3.84 0.63 155 5.17 0 0.00 320 1.78 6.94 6.12 14.82 9.36 22.67 OFF6 0.68 0.85 50 1.67 0 0.00 160 0.89 2.56 6.12 3.54 9.36 5.41 3OF3 Prop System A 5- yr.txt HouStorm (City Of Houston STORM DRAIN DESIGN) Version 2.1, Update: Nov /01/2007 Run @ 4/25/2011 1:07:45 PM PROJECT NAME La Porte Concrete Street Program JOB NUMBER 1012 -056 PROJECT DESCRIPTION : 5 -yr Storm Sewer Design - System A PROJECT File: D: \cfa\ 2010 \12056.la_porte _concrete \ENG \H &H \HouStorm \Prop System DESIGN FREQUENCY 5 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 5 Years Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q Total I.D. (acre) (min) (min) (in /hr) (cfs) (cfs) ----------------------------------------------------------------------------- 6A 0.63 2.16 6.33 10.00 6.12 0.000 8.332 7A 0.63 2.21 6.72 10.00 6.12 0.000 8.525 6B 0.63 3.49 7.17 10.00 6.12 0.000 13.462 7B 0.63 3.62 7.11 10.00 6.12 0.000 13.964 6C 0.63 3.49 7.06 10.00 6.12 0.000 13.462 7C 0.63 3.49 6.94 10.00 6.12 0.000 13.462 7D 0.63 3.52 6.64 10.00 6.12 0.000 13.578 4D 0.63 3.58 7.11 10.00 6.12 0.000 13.809 5D 0.63 3.49 6.72 10.00 6.12 0.000 13.462 6D 0.63 3.56 7.03 10.00 6.12 0.000 13.732 6F 0.63 3.42 6.56 10.00 6.12 0.000 13.192 6E 0.63 3.48 7.00 10.00 6.12 0.000 13.424 7F 0.63 3.45 6.44 10.00 6.12 0.000 13.308 7E 0.63 3.47 5.56 10.00 6.12 0.000 13.385 8F 0.8 3.98 7.06 10.00 6.12 0.000 19.495 8E ----------------------------------------------------------------------- 0.8 3.88 7.72 10.00 6.12 0.000 19.005 - - - - -- Cumulative junction Discharge Computations Node Node weighted Cumulat. Cumulat. Intens. User Additional Total I.D. Type C -Value Dr.Area Tc Supply Q Q in Node Disch. --------------------------------------------------------------------------------- (acres) (min) (in /hr) cfs) (cfs) (cfs) 6C 7ctBx 0.630 3.49 10.00 6.12 0.00 13.462 7C 7ctBx 0.630 18.46 11.53 5.87 0.00 68.272 7D 7ctBx 0.630 21.98 13.36 5.60 0.00 77.492 4D 7ctBx 0.630 3.58 10.00 6.12 0.00 13.809 5D 7ctBx 0.630 7.07 10.00 6.12 0.00 27.272 6D 7ctBx 0.630 10.63 10.00 6.12 0.00 41.004 6F 7ctBx 0.630 3.42 10.00 6.12 0.00 13.192 6E 7ctBx 0.630 6.90 10.00 6.12 0.00 26.616 7F 7ctBx 0.630 3.45 10.00 6.12 0.00 13.308 7E 7ctBx 0.630 13.82 10.00 6.12 0.00 53.309 MH2 7ctBx 0.630 46.43 13.46 5.58 0.00 163.263 8F 7ctBx 0.800 3.98 10.00 6.12 0.00 19.495 8E 7ctBx 0.800 7.86 10.00 6.12 0.00 38.500 MH1 7ctBx 0.655 54.29 14.05 5.50 0.00 195.474 6A 7ctBx 0.630 2.16 10.00 6.12 0.00 8.332 7A 7ctBx 0.630 4.37 10.00 6.12 0.00 16.857 Page 1 Prop System A 5- yr.txt 6B 7ctBx 0.630 3.49 10.00 6.12 0.00 13.462 7B 7ctBx 0.630 11.48 10.00 6.12 0.00 44.283 OUT Outlt 0.655 54.29 14.05 5.50 0.00 195.474 --------------------------------------------------------------------------- - - - - -- Conveyance Configuration Data Run Node I.D. F1owLine Elev. velocity Junc # US DS # U5 DS U5 DS Shape # Span Rise Length Slope n_value (ft) M (ft) (ft) (ft) (f /s) (cfs) (ft) (ft) (ft) M 13.61 ---------------------------------------------------------------------------------- 1 6A 7A 11.85 11.29 Cir 1 0.00 2.00 313.8 0.178 0.013 2 7A 7B 10.79 9.83 Cir 1 0.00 2.50 477.1 0.201 0.013 3 6B 7B 10.32 9.83 Cir 1 0.00 2.50 320.8 0.153 0.013 4 7B 7C 8.33 7.83 Cir 1 0.00 4.00 462.3 0.108 0.013 5 6C 7C 9.82 9.33 Cir 1 0.00 2.50 326.7 0.150 0.013 6 7C 7D 6.83 6.45 Cir 1 0.00 5.00 471.0 0.081 0.013 7 7D MH2 6.45 6.41 Cir 1 0.00 5.00 32.6 0.123 0.013 8 4D 5D 6.81 6.77 Cir 1 0.00 4.50 33.6 0.119 0.013 9 5D 6D 6.77 6.72 Cir 1 0.00 4.50 34.6 0.145 0.013 10 6D MH2 6.72 6.41 Cir 1 0.00 5.00 309.3 0.100 0.013 11 6F 6E 9.58 9.53 Cir 1 0.00 2.50 32.6 0.153 0.013 12 6E 7E 8.53 8.26 Cir 1 0.00 3.50 307.5 0.088 0.013 13 7F 7E 9.30 9.26 Cir 1 0.00 2.50 32.6 0.123 0.013 14 7E MH2 7.26 6.91 Cir 1 0.00 4.50 427.9 0.082 0.013 15 MH2 MH1 6.41 6.12 Cir 1 0.00 5.00 292.7 0.099 0.013 16 8F 8E 9.51 9.47 Cir 1 0.00 3.00 32.6 0.123 0.013 17 8E MH1 8.47 8.12 Cir 1 0.00 4.00 436.3 0.080 0.013 18 ---------------------------------------------------------------------------- MH1 OUT 6.12 6.09 Cir 1 0.00 6.00 38.7 0.078 0.013 - - - - -- Conveyance Hydraulic Computations. Tailwater = 12.090 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity Junc # US DS US Fr.Slope Unif. Actual Unif. Actual Q Cap Loss ---------------------------------------------------------------------------------- (ft) (ft) (ft) M (ft) (ft) (f /s) (f /s) (cfs) (cfs) (ft) 1 13.76 13.61 20.95 0.134 1.45 2.00 3.43 2.65 8.3 9.6 0.000 2 13.61 13.45 20.13 0.167 1.88 2.50 4.25 3.43 16.9 18.5 0.000 3 13.60 13.45 20.57 0.107 1.76 2.50 3.65 2.74 13.5 16.1 0.000 4 13.45 13.38 20.22 0.094 3.06 4.00 4.29 3.52 44.3 47.4 0.000 5 13.53 13.38 19.66 0.107 1.77 2.50 3.63 2.74 13.5 16.0 0.000 6 13.38 13.32 19.83 0.068 3.79 5.00 4.28 3.48 68.3 74.3 0.000 7 13.32 13.31 18.93 0.088 3.54 5.00 5.22 3.95 77.5 91.6 0.000 8 13.63 13.59 19.56 0.005 1.38 4.50 3.34 0.87 13.8 68.1 0.000 9 13.59 13.55 18.80 0.019 1.88 4.50 4.33 1.71 27.3 75.1 0.000 10 13.55 13.31 17.28 0.025 2.49 5.00 4.20 2.09 41.0 82.8 0.000 11 13.43 13.41 17.35 0.103 1.73 2.50 3.64 2.69 13.2 16.1 0.000 12 13.41 13.35 18.75 0.069 2.57 3.50 3.51 2.77 26.6 29.9 0.000 13 13.36 13.35 17.40 0.104 1.89 2.50 3.33 2.71 13.3 14.4 0.000 14 13.35 13.31 18.15 0.073 3.48 4.50 4.04 3.35 53.3 56.5 0.000 15 13.31 12.17 19.12 0.390 5.00 5.00 8.31 8.31 163.3 82.3 0.000 16 12.25 12.23 16.32 0.085 2.10 2.76 3.69 2.86 19.5 23.5 0.000 17 12.23 12.17 16.61 0.071 3.09 4.00 3.69 3.06 38.5 40.9 0.000 18 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 12.17 12.09 18.38 0.211 6.00 6.00 6.91 6.91 195.5 118.4 0.000 SUMMARY OF STORM DRAIN STRUCTURE QUANTITIES ----------------------------------------------- ----------------------------------------------- NOTE: The convey length should be from upstream to downstream inside box. Page 2 Prop system A 5- yr.txt This length may also be used as Pay Item. using hydraulic length, from node center to node center, may result in profile error, and this length should not be used as Pay Item. LINKS: ----------------------------------------------------------------------- ----------------------------------------------------------------------- Type of Convey Material Rise span Number of Links Quantity Structure (ft) (ft) of this type (ft) ----------------------------------------------------------------------- Circular Concrete 2.0 0.0 1 313.76 Circular Concrete 2.5 0.0 5 1189.69 Circular Concrete 4.0 0.0 2 898.61 Circular Concrete 5.0 0.0 4 1105.63 Circular Concrete 4.5 0.0 3 496.07 Circular Concrete 3.5 0.0 1 307.5 Circular Concrete 3.0 0.0 1 32.59 Circular Concrete 6.0 0.0 1 38.7 NODES: --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Type of Inlet Type of Grate Inlet Grate Grate Grate Grate Quantity Structure Length width Length Area Perimeter (each) --------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) 7unction Box 0.0 0.0 0.0 0.0 0.0 18 Outlet 0.0 0.0 0.0 0.0 0.0 1 NORMAL TERMINATION OF HOUSTORM. warning Messages for current project: Runoff Frequency of: 5 Years Run# 18 Insufficient capacity. Run# 15 Insufficient capacity. Page 3 Prop System 8th 5- yr.txt HouStorm (City Of Houston STORM DRAIN DESIGN) Version 2.1, Update: Nov /01/2007 Run @ 4/25/2011 1:07:07 PM PROJECT NAME La Porte Concrete Street Program JOB NUMBER 1012 -056 PROJECT DESCRIPTION : 5 -yr Storm Sewer Design - System 8th Street PROJECT File: D: \cfa\ 2010 \12056.la_porte _concrete \ENG \H &H \HouStorm \Prop System DESIGN FREQUENCY 5 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 5 Years Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q I.D. Type (acre) (min) (min) (in /hr) (cfs) (cfs) ----------------------------------------------------------------------------- 8A 0.63 2.21 7.53 10.00 6.12 0.000 8.525 8B 0.63 3.76 6.61 10.00 6.12 0.000 14.504 8C 0.63 3.61 6.78 10.00 6.12 0.000 13.925 8D ----------------------------------------------------------------------- 0.63 3.61 6.89 10.00 6.12 0.000 13.925 - - - - -- Cumulative junction Discharge Computations Node Node weighted Cumulat. Cumulat. Intens. User Additional Total I.D. Type C -Value Dr.Area Tc DS Supply Q Q in Node Disch. --------------------------------------------------------------------------------- Span Rise (acres) (min) (in /hr) cfs) (cfs) (cfs) 8A 7ctBx 0.630 2.21 10.00 6.12 0.00 8.525 8B 7ctBx 0.630 5.97 10.00 6.12 0.00 23.029 8C 7ctBx 0.630 9.58 11.87 5.82 0.00 35.108 8D 7ctBx 0.630 13.19 13.57 5.57 0.00 46.257 OUT --------------------------------------------------------------------------- Outlt 0.630 13.19 13.57 5.57 0.00 46.257 - - - - -- Conveyance Configuration Data Run Node I.D. F1owLine Elev. # US DS US Fr.Slope Unif. Actual Unif. Actual Q Cap Loss (ft) (ft) # US DS US DS Shape # Span Rise Length Slope n_value ---------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) M 1 8A 8B 13.62 12.79 Cir 1 0.00 2.00 461.0 0.180 0.013 2 8B 8C 11.79 11.22 Cir 1 0.00 3.00 473.6 0.120 0.013 3 8C 8D 10.72 10.02 Cir 1 0.00 3.50 468.7 0.149 0.013 4 ---------------------------------------------------------------------------- 8D OUT 9.52 9.44 Cir 1 0.00 4.00 61.4 0.130 0.013 - - - - -- Conveyance Hydraulic Computations. Tailwater = 13.440 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity Junc # US DS US Fr.Slope Unif. Actual Unif. Actual Q Cap Loss (ft) (ft) (ft) M (ft) (ft) (f /s) (f /s) (cfs) (cfs) (ft) ---------------------------------------------------------------------------------- 1 15.09 14.23 18.15 0.141 1.47 1.47 3.45 3.45 8.5 9.6 0.000 Page 1 Prop system 8th 5- yr.txt 2 14.23 13.59 20.68 0.118 2.44 2.44 3.74 3.74 23.0 23.2 0.000 3 13.59 13.46 19.16 0.121 2.60 3.44 4.59 3.66 35.1 39.0 0.000 4 13.46 13.44 19.02 0.103 2.94 4.00 4.68 3.68 46.3 52.1 0.000 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- SUMMARY OF STORM DRAIN STRUCTURE QUANTITIES ----------------------------------------------- ----------------------------------------------- NOTE: The convey length should be from upstream to downstream inside box. This length may also be used as Pay Item. using hydraulic length, from node center to node center, may result in profile error, and this length should not be used as Pay Item. LINKS: ----------------------------------------------------------------------- ----------------------------------------------------------------------- Type of Convey Material Rise Span Number of Links Quantity Structure ----------------------------------------------------------------------- (ft) (ft) of this type (ft) Circular Concrete 2.0 0.0 1 461.02 Circular Concrete 3.0 0.0 1 473.59 Circular Concrete 3.5 0.0 1 468.71 Circular Concrete 4.0 0.0 1 61.41 NODES: --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Type of Inlet Type of Grate Inlet Grate Grate Grate Grate Quantity Structure Length width Length Area Perimeter (each) (ft) (ft) (ft) (ft) (ft) --------------------------------------------------------------------------------- 7unction Box 0.0 0.0 0.0 0.0 0.0 4 outlet 0.0 0.0 0.0 0.0 0.0 1 NORMAL TERMINATION OF HOUSTORM. warning Messages for current project: Runoff Frequency of: 5 Years Page 2 Prop System B 5- yr.txt HouStorm (City Of Houston STORM DRAIN DESIGN) Version 2.1, Update: Nov /01/2007 Run @ 4/25/2011 1:08:22 PM PROJECT NAME La Porte Concrete Street Program JOB NUMBER 1012 -056 PROJECT DESCRIPTION : 5 -yr Storm Sewer Design - System B PROJECT File: D: \cfa\ 2010 \12056.la_porte _concrete \ENG \H &H \HouStorm \Prop System DESIGN FREQUENCY 5 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 5 Years Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q Total I.D. (acre) (min) (min) (in /hr) (cfs) (cfs) ----------------------------------------------------------------------------- 6G 0.63 3.51 6.92 10.00 6.12 0.000 13.539 7G 0.63 3.55 5.78 10.00 6.12 0.000 13.694 8G 0.75 4.88 4.22 10.00 6.12 0.000 22.409 61 0.63 1.79 5.78 10.00 6.12 0.000 6.905 6H 0.63 3.43 8.00 10.00 6.12 0.000 13.231 71 0.8 1.84 5.78 10.00 6.12 0.000 9.013 7H 0.63 3.50 6.69 10.00 6.12 0.000 13.501 81 0.8 1.79 5.78 10.00 6.12 0.000 8.768 8H ----------------------------------------------------------------------- 0.75 3.59 3.33 10.00 6.12 0.000 16.486 - - - - -- Cumulative junction Discharge Computations Node Node weighted Cumulat. Cumulat. Intens. User Additional Total I.D. Type C -Value Dr.Area Tc US Supply Q Q in Node Disch. Rise Length Slope (acres) (min) (in /hr) cfs) (cfs) (cfs) --------------------------------------------------------------------------------- 6G 7ctBx 0.630 3.51 10.00 6.12 1 0.00 13.539 7G 7ctBx 0.630 7.06 10.00 6.12 0.130 0.00 27.233 8G 7ctBx 0.679 11.94 10.22 6.08 3.50 0.00 49.333 61 7ctBx 0.630 1.79 10.00 6.12 Cir 1 0.00 6.905 6H 7ctBx 0.630 5.22 10.00 6.12 8.43 0.00 20.135 71 7ctBx 0.800 1.84 10.00 6.12 0.00 9.013 7H 7ctBx 0.660 10.56 10.00 6.12 0.00 42.649 81 7ctBx 0.800 1.79 10.00 6.12 0.00 8.768 8H 7ctBx 0.689 27.88 12.32 5.75 0.00 110.355 OUT --------------------------------------------------------------------------- Outlt 0.689 27.88 12.32 5.75 0.00 110.355 - - - - -- Conveyance Configuration Data Run Node I.D. F1owLine Elev. # US DS US DS Shape # Span Rise Length Slope n_value ---------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) M 1 6G 7G 8.25 7.78 Cir 1 0.00 2.50 362.6 0.130 0.013 2 7G 8G 6.78 6.48 Cir 1 0.00 3.50 328.2 0.091 0.013 3 8G 8H 5.48 5.15 Cir 1 0.00 4.50 470.2 0.070 0.013 4 61 6H 8.43 8.38 Cir 1 0.00 2.00 30.0 0.167 0.013 Page 1 Prop System B 5- yr.txt 5 6H 7H 7.38 6.99 Cir 1 0.00 3.00 358.4 0.109 0.013 6 71 7H 8.04 7.99 Cir 1 0.00 2.00 30.0 0.167 0.013 7 7H 8H 5.99 5.65 Cir 1 0.00 4.00 334.0 0.102 0.013 8 81 8H 7.71 7.65 Cir 1 0.00 2.00 30.0 0.200 0.013 9 8H ---------------------------------------------------------------------------- OUT 3.15 2.80 Cir 1 0.00 6.50 585.2 0.060 0.013 - - - - -- Conveyance Hydraulic Computations. Tailwater = 9.300 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity The convey length should be from Junc # US DS US Fr.Slope Unif. Actual Unif. Actual Q Cap Loss length, from node (ft) (ft) (ft) M (ft) (ft) (f /s) (f /s) (cfs) (cfs) (ft) ---------------------------------------------------------------------------------- 1 10.13 9.50 14.70 0.108 1.88 1.88 3.41 3.41 13.5 14.8 0.000 2 9.50 9.47 15.46 0.073 2.58 2.99 3.58 3.11 27.2 30.5 0.000 3 9.47 9.41 16.12 0.062 3.48 4.26 3.74 3.17 49.3 52.3 0.000 4 9.72 9.63 13.74 0.092 1.29 1.29 3.23 3.23 6.9 9.3 0.000 5 9.63 9.47 15.40 0.090 2.25 2.48 3.54 3.22 20.1 22.1 0.000 6 9.60 9.47 14.04 0.157 1.59 1.59 3.36 3.36 9.0 9.3 0.000 7 9.47 9.41 15.08 0.087 3.06 3.76 4.13 3.48 42.6 46.0 0.000 8 9.42 9.41 14.59 0.149 1.44 1.76 3.63 2.99 8.8 10.2 0.000 9 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 9.41 9.30 14.40 0.044 4.67 6.50 4.32 3.33 110.4 128.8 0.000 SUMMARY OF STORM DRAIN STRUCTURE QUANTITIES --------------------------------------------- --------------------------------------------- NOTE: The convey length should be from upstream to downstream inside box. This length may also be used as Pay Item. using hydraulic length, from node center to node center, may result in profile error, and this length should not be used as Pay Item. LINKS: ----------------------------------------------------------------------- ----------------------------------------------------------------------- Type of Convey Material Rise Span Number of Links Quantity Structure ----------------------------------------------------------------------- (ft) (ft) of this type (ft) Circular Concrete 2.5 0.0 1 362.62 Circular Concrete 3.5 0.0 1 328.18 Circular Concrete 4.5 0.0 1 470.16 Circular Concrete 2.0 0.0 3 90.0 Circular Concrete 3.0 0.0 1 358.44 Circular Concrete 4.0 0.0 1 334.02 Circular Concrete 6.5 0.0 1 585.18 NODES: --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Type of Inlet Type of Grate Inlet Grate Grate Grate Grate Quantity Structure Length width Length Area Perimeter (each) --------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) 7unction Box 0.0 0.0 0.0 0.0 0.0 9 outlet 0.0 0.0 0.0 0.0 0.0 1 NORMAL TERMINATION OF HOUSTORM. warning Messages for current project: Runoff Frequency of: 5 Years Page 2 Prop System C 5- yr.txt HouStorm (City Of Houston STORM DRAIN DESIGN) Version 2.1, Update: Nov /01/2007 Run @ 4/25/2011 1:08:36 PM PROJECT NAME La Porte Concrete Street Program JOB NUMBER 1012 -056 PROJECT DESCRIPTION : 5 -yr Storm Sewer Design - System C PROJECT File: D: \cfa\ 2010 \12056.la_porte _concrete \ENG \H &H \HouStorm \Prop System DESIGN FREQUENCY 5 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 5 Years Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q Total I.D. (acre) (min) (min) (in /hr) (cfs) (cfs) ----------------------------------------------------------------------------- 57 0.63 3.36 7.22 10.00 6.12 0.000 12.961 67 0.63 3.43 5.78 10.00 6.12 0.000 13.231 6K 0.8 1.86 5.78 10.00 6.12 0.000 9.111 77 0.8 3.45 5.78 10.00 6.12 0.000 16.899 7K 0.8 1.87 5.78 10.00 6.12 0.000 9.160 87 0.63 3.25 5.78 10.00 6.12 0.000 12.536 8K 0.63 1.82 5.78 10.00 6.12 0.000 7.020 5K 0.8 1.84 7.83 10.00 6.12 0.000 9.013 OFF4 0.85 1.65 7.06 10.00 6.12 0.000 8.587 OFF3 0.85 1.68 6.83 10.00 6.12 0.000 8.743 OFF2 0.85 1.68 6.89 10.00 6.12 0.000 8.743 OFF1 ----------------------------------------------------------------------- 0.85 1.33 6.94 10.00 6.12 0.000 6.922 - - - - -- Cumulative junction Discharge Computations Node Node weighted Cumulat. Cumulat. Intens. User Additional Total I.D. Type C -Value Dr.Area Tc Supply Q Q in Node Disch. --------------------------------------------------------------------------------- (acres) (min) (in /hr) cfs) (cfs) (cfs) 57 7ctBx 0.630 3.36 10.00 6.12 0.00 12.961 67 7ctBx 0.630 6.79 10.00 6.12 0.00 26.192 6K 7ctBx 0.667 8.65 10.40 6.05 0.00 34.903 77 7ctBx 0.800 3.45 10.00 6.12 0.00 16.899 7K 7ctBx 0.800 5.32 10.00 6.12 0.00 26.059 87 7ctBx 0.630 3.25 10.00 6.12 0.00 12.536 8K 7ctBx 0.630 5.07 10.00 6.12 0.00 19.557 5K 7ctBx 0.800 1.84 10.00 6.12 0.00 9.013 OFF4 7ctBx 0.824 3.49 10.00 6.12 0.00 17.600 OFF3 7ctBx 0.729 13.82 10.52 6.03 0.00 60.751 OFF2 7ctBx 0.757 20.82 11.42 5.89 0.00 92.733 OFF1 7ctBx 0.738 27.22 12.19 5.77 0.00 115.804 OUT --------------------------------------------------------------------------- Outlt 0.738 27.22 12.19 5.77 0.00 115.804 - - - - -- Conveyance Configuration Data ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- Run Node I.D. F1owLine Elev. # US DS US DS Shape # Span Rise Length Slope n_value Page 1 Prop System C 5- yr.txt Conveyance Hydraulic Computations. Tailwater = 6.440 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity (ft) (ft) # US DS US (ft) (ft) (ft) M Cap ---------------------------------------------------------------------------------- 1 57 67 7.41 7.03 Cir 1 0.00 2.50 289.9 0.131 0.013 2 67 6K 6.53 5.80 Cir 1 0.00 3.00 455.8 0.160 0.013 3 6K OFF3 6.80 6.65 Cir 1 0.00 2.00 77.6 0.193 0.013 4 77 7K 6.37 5.54 Cir 1 0.00 2.50 456.1 0.182 0.013 5 7K OFF2 5.54 5.43 Cir 1 0.00 2.50 77.6 0.142 0.013 6 87 8K 5.25 4.66 Cir 1 0.00 2.50 456.1 0.129 0.013 7 8K OFF1 4.66 4.55 Cir 1 0.00 2.50 77.2 0.143 0.013 8 5K OFF4 6.94 6.79 Cir 1 0.00 2.00 76.3 0.197 0.013 9 OFF4 OFF3 5.29 4.65 Cir 1 0.00 3.50 288.9 0.222 0.013 10 OFF3 OFF2 4.65 3.93 Cir 1 0.00 4.00 328.0 0.220 0.013 11 OFF2 OFF1 3.93 3.05 Cir 1 0.00 4.00 339.4 0.259 0.013 12 ---------------------------------------------------------------------------- OFF1 OUT 3.05 2.44 Cir 1 0.00 4.00 208.8 0.292 0.013 - - - - -- Conveyance Hydraulic Computations. Tailwater = 6.440 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity Junc # US DS US Fr.Slope Unif. Actual Unif. Actual Q Cap Loss (ft) ---------------------------------------------------------------------------------- (ft) (ft) M (ft) (ft) (f /s) (f /s) (cfs) (cfs) (ft) 1 11.29 11.19 13.07 0.099 1.81 2.50 3.41 2.64 13.0 14.9 0.000 2 11.19 11.16 12.52 0.153 2.41 3.00 4.30 3.71 26.2 26.8 0.000 3 11.16 9.33 11.91 2.360 2.00 2.00 11.11 11.11 34.9 10.0 0.000 4 9.56 9.50 11.91 0.168 1.97 2.50 4.07 3.44 16.9 17.6 0.000 5 9.50 9.19 12.52 0.400 2.50 2.50 5.31 5.31 26.1 15.5 0.000 6 8.13 7.96 11.97 0.093 1.77 2.50 3.38 2.55 12.5 14.8 0.000 7 7.96 7.79 12.40 0.225 2.50 2.50 3.98 3.98 19.6 15.6 0.000 8 9.91 9.88 11.97 0.157 1.48 2.00 3.61 2.87 9.0 10.1 0.000 9 9.88 9.33 11.97 0.030 1.48 3.50 4.56 1.83 17.6 47.6 0.000 10 9.33 9.19 11.91 0.177 2.97 4.00 6.07 4.83 60.8 67.6 0.000 11 9.19 7.79 12.52 0.413 4.00 4.00 7.38 7.38 92.7 73.5 0.000 12 7.79 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- 6.44 12.40 0.644 4.00 4.00 9.22 9.22 115.8 78.0 0.000 SUMMARY OF STORM ----------------------------------------------- DRAIN STRUCTURE QUANTITIES ----------------------------------------------- NOTE: The convey length should be from upstream to downstream inside box. This length may also be used as Pay Item. using hydraulic length, from node center to node center, may result in profile error, and this length should not be used as Pay Item. LINKS: ----------------------------------------------------------------------- ----------------------------------------------------------------------- Type of Convey Material Rise Span Number of Links Quantity Structure ----------------------------------------------------------------------- (ft) (ft) of this type (ft) Circular Concrete 2.5 0.0 5 1356.8 Circular Concrete 3.0 0.0 1 455.79 Circular Concrete 2.0 0.0 2 153.84 Circular Concrete 3.5 0.0 1 288.93 Circular Concrete 4.0 0.0 3 876.22 NODES: --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Type of Inlet Type of Grate Inlet Grate Grate Grate Grate Quantity Structure Length width Length Area Perimeter (each) --------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) Page 2 Prop system C 5- yr.txt junction Box 0.0 0.0 0.0 0.0 0.0 12 Outlet 0.0 0.0 0.0 0.0 0.0 1 NORMAL TERMINATION OF HOUSTORM. warning Messages for current project: Runoff Frequency of: 5 Years Decreasing conduit size @ downstream Run# 3 Run# 12 Insufficient capacity. Run# 7 Insufficient capacity. Run# 11 Insufficient capacity. Run# 5 Insufficient capacity. Run# 3 Insufficient capacity. Page 3 Prop System D 5- yr.txt HouStorm (City Of Houston STORM DRAIN DESIGN) Version 2.1, Update: Nov /01/2007 Run @ 4/25/2011 1:08:50 PM PROJECT NAME La Porte Concrete Street Program JOB NUMBER 1012 -056 PROJECT DESCRIPTION : 5 -yr Storm Sewer Design - System D PROJECT File: D: \cfa\ 2010 \12056.la_porte _concrete \ENG \H &H \HouStorm \Prop System DESIGN FREQUENCY 5 Years MEASUREMENT UNITS: ENGLISH OUTPUT FOR DESIGN FREQUENCY of: 5 Years Runoff Computation for Design Frequency. ID C Value Area Tc Tc Used Intensity Supply Q Total Q (acre) (min) (min) (in /hr) (cfs) (cfs) ----------------------------------------------------------------------------- 5A 0.631 2.17 6.28 10.00 6.12 0.000 8.388 4A 0.799 2.19 6.22 10.00 6.12 0.000 10.715 1A 0.629 2.99 6.56 10.00 6.12 0.000 11.511 2A 0.629 2.99 6.56 10.00 6.12 0.000 11.511 3A 0.631 2.36 6.17 10.00 6.12 0.000 9.123 5B 0.63 3.51 6.78 10.00 6.12 0.000 13.531 4B 0.629 3.56 6.89 10.00 6.12 0.000 13.715 1B 0.63 2.70 6.50 10.00 6.12 0.000 10.409 2B 0.63 2.76 6.56 10.00 6.12 0.000 10.654 3B 0.631 3.77 7.44 10.00 6.12 0.000 14.572 5C 0.63 3.43 6.89 10.00 6.12 0.000 13.225 4C 0.63 3.49 6.83 10.00 6.12 0.000 13.470 1C 0.63 3.49 6.78 10.00 6.12 0.000 13.470 2C 0.63 3.49 6.50 10.00 6.12 0.000 13.470 3C 0.632 3.72 7.06 10.00 6.12 0.000 14.389 1D 0.63 3.54 6.94 10.00 6.12 0.000 13.654 2D 0.631 3.52 6.62 10.00 6.12 0.000 13.593 3D 0.629 3.75 6.56 10.00 6.12 0.000 14.450 5E 0.629 3.50 6.94 10.00 6.12 0.000 13.470 4E 0.63 3.62 7.11 10.00 6.12 0.000 13.960 1E 0.65 3.49 6.56 10.00 6.12 0.000 13.899 2E 0.63 3.51 7.00 10.00 6.12 0.000 13.531 3E 0.802 3.69 6.78 10.00 6.12 0.000 18.124 5F 0.63 3.46 6.94 10.00 6.12 0.000 13.348 4F 0.632 3.61 6.33 10.00 6.12 0.000 13.960 1F 0.7 3.50 6.78 10.00 6.12 0.000 15.001 2F 0.63 3.57 6.86 10.00 6.12 0.000 13.776 3F 0.63 3.65 7.33 10.00 6.12 0.000 14.082 5G 0.63 3.54 6.72 10.00 6.12 0.000 13.654 4G 0.63 3.68 6.89 10.00 6.12 0.000 14.205 1G 0.701 3.51 4.17 10.00 6.12 0.000 15.062 2G 0.631 3.55 6.97 10.00 6.12 0.000 13.715 3G 0.631 3.63 6.78 10.00 6.12 0.000 14.021 51 0.626 1.79 5.83 10.00 6.12 0.000 6.858 5H 0.631 3.44 6.33 10.00 6.12 0.000 13.286 4H 0.63 3.57 6.97 10.00 6.12 0.000 13.776 1H 0.599 3.49 6.83 10.00 6.12 0.000 12.797 2H 0.63 3.51 7.22 10.00 6.12 0.000 13.531 3H 0.631 3.58 7.06 10.00 6.12 0.000 13.838 41 0.55 3.58 7.39 10.00 6.12 0.000 12.062 11 0.749 3.39 6.39 10.00 6.12 0.000 15.552 Page 1 Cumulative junction Discharge Computations Node Node weighted Cumulat. Prop system D 5- yr.txt user Additional 21 0.629 3.56 6.94 10.00 6.12 0.000 13.715 31 0.631 3.63 6.89 10.00 6.12 0.000 14.021 47 0.65 3.57 6.67 10.00 6.12 0.000 14.205 OFFS 0.852 1.82 8.50 10.00 6.12 0.000 9.490 17 0.749 3.54 7.81 10.00 6.12 0.000 16.225 OFFS 0.85 1.93 8.39 10.00 6.12 0.000 10.041 27 0.63 3.65 7.06 10.00 6.12 0.000 14.082 OFF7 0.851 2.01 8.39 10.00 6.12 0.000 10.470 37 0.63 3.84 6.94 10.00 6.12 0.000 14.817 OFF6 ----------------------------------------------------------------------- 0.853 0.68 2.56 10.00 6.12 0.000 3.551 - - - - -- Cumulative junction Discharge Computations Node Node weighted Cumulat. Cumulat. Intens. user Additional Total I.D. Type C -Value Dr.Area Tc supply Q Q in Node Disch. --------------------------------------------------------------------------------- (acres) (min) (in /hr) cfs) (cfs) (cfs) 5A 7ctBx 0.631 2.17 10.00 6.12 0.00 8.388 4A 7ctBx 0.716 4.36 10.00 6.12 0.00 19.103 1A 7ctBx 0.629 2.99 10.00 6.12 0.00 11.511 2A 7ctBx 0.629 5.98 10.00 6.12 0.00 23.022 3A 7ctBx 0.659 12.70 10.00 6.12 0.00 51.248 5B 7ctBx 0.630 3.51 10.00 6.12 0.00 13.531 4B 7ctBx 0.629 7.07 10.00 6.12 0.00 27.247 1B 7ctBx 0.630 2.70 10.00 6.12 0.00 10.409 2B 7ctBx 0.630 5.46 10.00 6.12 0.00 21.062 3B 7ctBx 0.643 29.00 11.27 5.91 0.00 110.184 5C 7ctBx 0.630 3.43 10.00 6.12 0.00 13.225 4C 7ctBx 0.630 6.92 10.00 6.12 0.00 26.695 1C 7ctBx 0.630 3.49 10.00 6.12 0.00 13.470 2C 7ctBx 0.630 6.98 10.00 6.12 0.00 26.940 3C 7ctBx 0.638 46.62 13.00 5.65 0.00 168.014 1D 7ctBx 0.630 3.54 10.00 6.12 0.00 13.654 2D 7ctBx 0.630 7.06 10.00 6.12 0.00 27.247 3D 7ctBx 0.637 57.43 14.13 5.49 0.00 200.708 5E 7ctBx 0.629 3.50 10.00 6.12 0.00 13.470 4E 7ctBx 0.629 7.12 10.00 6.12 0.00 27.430 1E 7ctBx 0.650 3.49 10.00 6.12 0.00 13.899 2E 7ctBx 0.640 7.00 10.00 6.12 0.00 27.430 3E 7ctBx 0.644 75.24 15.41 5.32 0.00 258.004 5F 7ctBx 0.630 3.46 10.00 6.12 0.00 13.348 4F 7ctBx 0.631 7.07 10.00 6.12 0.00 27.308 1F 7ctBx 0.700 3.50 10.00 6.12 0.00 15.001 2F 7ctBx 0.665 7.07 10.00 6.12 0.00 28.777 3F 7ctBx 0.644 93.03 16.68 5.17 0.00 309.735 5G 7ctBx 0.630 3.54 10.00 6.12 0.00 13.654 4G 7ctBx 0.630 7.22 10.00 6.12 0.00 27.859 1G 7ctBx 0.701 3.51 10.00 6.12 0.00 15.062 2G 7ctBx 0.666 7.06 10.00 6.12 0.00 28.777 3G 7ctBx 0.644 110.94 17.74 5.04 0.00 360.599 51 7ctBx 0.626 1.79 10.00 6.12 0.00 6.858 5H 7ctBx 0.629 5.23 10.00 6.12 0.00 20.144 4H 7ctBx 0.630 8.80 10.00 6.12 0.00 33.920 1H 7ctBx 0.599 3.49 10.00 6.12 0.00 12.797 2H 7ctBx 0.614 7.00 10.00 6.12 0.00 26.328 3H 7ctBx 0.641 130.32 18.93 4.92 0.00 410.851 41 7ctBx 0.550 3.58 10.00 6.12 0.00 12.062 1I 7ctBx 0.749 3.39 10.00 6.12 0.00 15.552 21 7ctBx 0.688 6.95 10.00 6.12 0.00 29.267 31 7ctBx 0.641 144.48 19.99 4.81 0.00 445.182 47 7ctBx 0.650 3.57 10.00 6.12 0.00 14.205 Page 2 Prop System D 5- yr.txt OFFS 7ctBx 0.718 5.39 10.00 6.12 0.00 23.695 17 7ctBx 0.749 3.54 10.00 6.12 0.00 16.225 OFFS 7ctBx 0.784 5.47 10.00 6.12 0.00 26.267 27 7ctBx 0.630 3.65 10.00 6.12 0.00 14.082 OFF7 7ctBx 0.746 11.13 10.26 6.08 0.00 50.447 37 7ctBx 0.641 148.32 21.02 4.71 0.00 447.313 OFF6 7ctBx 0.651 165.52 21.11 4.70 0.00 506.351 OUT --------------------------------------------------------------------------------- Outlt 0.651 165.52 21.11 4.70 0.00 506.351 Conveyance Configuration Data ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- Run Node I.D. F1owLine Elev. # US DS US DS Shape # Span Rise Length Slope n_value ---------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) M 1 5A 4A 17.48 16.89 Cir 1 0.00 2.00 328.3 0.180 0.013 2 4A 3A 15.89 15.55 Cir 1 0.00 3.00 311.3 0.109 0.013 3 1A 2A 16.90 16.46 Cir 1 0.00 2.50 339.8 0.129 0.013 4 2A 3A 15.96 15.55 Cir 1 0.00 3.00 315.1 0.130 0.013 5 3A 3B 14.55 13.94 Cir 1 0.00 4.00 467.4 0.131 0.013 6 5B 4B 16.15 15.71 Cir 1 0.00 2.50 335.8 0.131 0.013 7 4B 3B 14.71 14.44 Cir 1 0.00 3.50 300.1 0.090 0.013 8 1B 2B 17.14 16.29 Cir 1 0.00 2.00 339.8 0.250 0.013 9 2B 3B 15.29 14.94 Cir 1 0.00 3.00 315.1 0.111 0.013 10 3B 3C 11.94 11.61 Cir 1 0.00 6.00 469.7 0.070 0.013 11 5C 4C 15.81 15.39 Cir 1 0.00 2.50 325.0 0.129 0.013 12 4C 3C 14.39 14.11 Cir 1 0.00 3.50 305.0 0.092 0.013 13 1C 2C 15.84 15.40 Cir 1 0.00 2.50 340.5 0.129 0.013 14 2C 3C 14.40 14.11 Cir 1 0.00 3.50 318.4 0.091 0.013 15 3C 3D 11.61 10.87 Cir 1 0.00 6.00 461.8 0.160 0.013 16 1D 2D 15.09 14.66 Cir 1 0.00 2.50 331.7 0.130 0.013 17 2D 3D 13.66 13.37 Cir 1 0.00 3.50 319.6 0.091 0.013 18 3D 3E 9.87 9.41 Cir 1 0.00 7.00 461.8 0.100 0.013 19 5E 4E 14.62 14.18 Cir 1 0.00 2.50 333.7 0.132 0.013 20 4E 3E 13.18 12.91 Cir 1 0.00 3.50 301.2 0.090 0.013 21 1E 2E 14.63 14.21 Cir 1 0.00 2.50 320.2 0.131 0.013 22 2E 3E 13.21 12.91 Cir 1 0.00 3.50 333.8 0.090 0.013 23 3E 3F 8.41 7.99 Cir 1 0.00 8.00 469.3 0.090 0.013 24 5F 4F 14.19 13.76 Cir 1 0.00 2.50 333.8 0.129 0.013 25 4F 3F 12.76 12.49 Cir 1 0.00 3.50 297.3 0.091 0.013 26 1F 2F 14.27 13.79 Cir 1 0.00 2.50 320.1 0.150 0.013 27 2F 3F 12.79 12.49 Cir 1 0.00 3.50 340.3 0.088 0.013 28 3F 3G 7.99 7.43 Cir 1 0.00 8.00 461.8 0.121 0.013 29 5G 4G 13.64 13.21 Cir 1 0.00 2.50 330.5 0.130 0.013 30 4G 3G 12.21 11.93 Cir 1 0.00 3.50 302.5 0.093 0.013 31 1G 2G 13.72 13.23 Cir 1 0.00 2.50 329.0 0.149 0.013 32 2G 3G 12.23 11.93 Cir 1 0.00 3.50 329.0 0.091 0.013 33 3G 3H 6.43 6.00 Cir 1 0.00 9.00 477.6 0.090 0.013 34 51 5H 13.79 13.73 Cir 1 0.00 2.00 30.0 0.200 0.013 35 5H 4H 12.73 12.37 Cir 1 0.00 3.00 335.7 0.107 0.013 36 4H 3H 11.87 11.50 Cir 1 0.00 3.50 300.5 0.123 0.013 37 1H 2H 13.22 12.80 Cir 1 0.00 2.50 325.6 0.129 0.013 38 2H 3H 11.80 11.50 Cir 1 0.00 3.50 326.9 0.092 0.013 39 3H 31 6.00 5.49 Cir 1 0.00 9.00 468.4 0.109 0.013 40 41 31 12.38 11.99 Cir 1 0.00 2.50 302.9 0.129 0.013 41 11 21 12.77 12.29 Cir 1 0.00 2.50 317.4 0.151 0.013 42 21 31 11.29 10.99 Cir 1 0.00 3.50 336.1 0.089 0.013 43 31 37 4.99 4.54 Cir 1 0.00 9.50 450.5 0.100 0.013 44 47 OFFS 4.66 4.59 Cir 1 0.00 3.50 44.0 0.159 0.013 45 OFFS OFF6 4.59 3.99 Cir 1 0.00 3.50 301.7 0.199 0.013 46 17 OFFS 11.90 11.82 Cir 1 0.00 2.50 44.0 0.182 0.013 Page 3 Prop system D 5- yr.txt 47 OFFS OFF7 8.82 8.66 Cir 1 0.00 5.50 321.2 0.050 0.013 48 27 OFF7 11.73 11.66 Cir 1 0.00 2.50 44.0 0.159 0.013 49 OFF7 OFF6 8.66 8.49 Cir 1 0.00 5.50 357.1 0.048 0.013 50 37 OFF6 4.54 4.49 Cir 1 0.00 9.50 44.0 0.114 0.013 51 ---------------------------------------------------------------------------- OFF6 OUT 3.99 3.91 Cir 1 0.00 10.0 75.8 0.106 0.013 - - - - -- Conveyance Hydraulic Computations. Tailwater = 13.910 (ft) Run Hyd. Gr.line Crit.Elev Depth velocity Junc # Us Ds Us Fr.slope Unif. Actual Unif. Actual Q Cap Loss (ft) (ft) (ft) M (ft) (ft) (f /s) (f /s) (cfs) (cfs) (ft) ---------------------------------------------------------------------------------- 1 18.93 18.05 21.21 0.136 1.45 1.45 3.44 3.44 8.4 9.6 0.000 2 18.05 17.78 20.40 0.081 2.16 2.23 3.51 3.38 19.1 22.1 0.000 3 18.56 18.30 18.63 0.078 1.66 1.84 3.33 2.97 11.5 14.8 0.000 4 18.30 17.78 19.41 0.118 2.34 2.34 3.89 3.89 23.0 24.2 0.000 5 17.78 16.77 19.16 0.126 3.23 3.23 4.71 4.71 51.2 52.1 0.000 6 18.03 17.31 20.39 0.108 1.88 1.88 3.43 3.43 13.5 14.9 0.000 7 17.31 16.77 19.41 0.073 2.60 2.60 3.56 3.56 27.2 30.3 0.000 8 18.65 17.61 19.25 0.210 1.51 1.51 4.09 4.09 10.4 11.4 0.000 9 17.61 16.77 18.71 0.099 2.32 2.32 3.59 3.59 21.1 22.3 0.000 10 16.77 16.49 20.17 0.067 4.83 4.88 4.52 4.48 110.2 112.7 0.000 11 17.66 16.93 19.26 0.103 1.85 1.85 3.40 3.40 13.2 14.8 0.000 12 16.93 16.49 20.03 0.070 2.54 2.54 3.57 3.57 26.7 30.6 0.000 13 17.72 16.97 18.00 0.107 1.88 1.88 3.41 3.41 13.5 14.8 0.000 14 16.97 16.49 19.52 0.071 2.57 2.57 3.56 3.56 26.9 30.5 0.000 15 16.49 15.56 20.04 0.156 4.88 4.88 6.83 6.83 168.0 170.3 0.000 16 16.98 16.26 17.92 0.110 1.89 1.89 3.42 3.42 13.7 14.8 0.000 17 16.26 15.56 17.18 0.073 2.60 2.60 3.56 3.56 27.2 30.4 0.000 18 15.56 14.60 17.87 0.098 5.69 5.69 5.99 5.99 200.7 202.5 0.000 19 16.49 15.65 18.72 0.107 1.87 1.87 3.43 3.43 13.5 15.0 0.000 20 15.65 14.60 17.64 0.074 2.63 2.63 3.54 3.54 27.4 30.3 0.000 21 16.54 15.72 16.52 0.114 1.91 1.91 3.45 3.45 13.9 14.9 0.000 22 15.72 14.60 18.73 0.074 2.63 2.63 3.54 3.54 27.4 30.3 0.000 23 14.60 14.37 18.29 0.079 6.19 6.38 6.18 6.01 258.0 274.0 0.000 24 16.06 15.25 17.64 0.105 1.87 1.87 3.40 3.40 13.3 14.8 0.000 25 15.25 14.37 17.53 0.073 2.60 2.60 3.57 3.57 27.3 30.4 0.000 26 16.20 15.39 15.72 0.133 1.93 1.93 3.68 3.68 15.0 16.0 0.000 27 15.39 14.37 15.86 0.081 2.76 2.76 3.53 3.53 28.8 30.0 0.000 28 14.37 14.00 16.96 0.114 6.38 6.57 7.21 7.01 309.7 319.0 0.000 29 15.53 14.79 15.31 0.110 1.89 1.89 3.42 3.42 13.7 14.9 0.000 30 14.79 14.00 15.55 0.076 2.63 2.63 3.60 3.60 27.9 30.7 0.000 31 15.67 14.87 15.06 0.134 1.95 1.95 3.66 3.66 15.1 15.9 0.000 32 14.87 14.00 14.00 0.081 2.71 2.71 3.60 3.60 28.8 30.5 0.000 33 14.00 13.99 13.68 0.083 7.10 7.99 6.70 6.04 360.6 376.3 0.000 34 15.00 15.00 13.79 0.091 1.21 1.27 3.46 3.25 6.9 10.2 0.000 35 15.00 14.63 13.86 0.090 2.27 2.27 3.50 3.50 20.1 21.9 0.000 36 14.63 13.99 14.68 0.113 2.76 2.76 4.17 4.17 33.9 35.5 0.000 37 15.02 14.32 14.66 0.097 1.80 1.80 3.39 3.39 12.8 14.8 0.000 38 14.32 13.99 13.97 0.068 2.52 2.52 3.56 3.56 26.3 30.6 0.000 39 13.99 13.98 14.43 0.107 7.38 8.49 7.36 6.61 410.9 413.8 0.000 40 14.10 13.98 11.81 0.086 1.72 1.99 3.35 2.88 12.1 14.8 0.000 41 14.76 14.08 13.21 0.143 1.99 1.99 3.71 3.71 15.6 16.0 0.000 42 14.08 13.98 11.74 0.084 2.79 2.99 3.56 3.34 29.3 30.2 0.000 43 13.98 13.93 14.93 0.094 7.57 9.39 7.35 6.29 445.2 457.8 0.000 44 14.42 14.36 14.01 0.020 1.44 3.50 3.81 1.48 14.2 40.3 0.000 45 14.36 13.92 12.00 0.055 1.81 3.50 4.73 2.46 23.7 45.1 0.000 46 14.18 14.16 12.99 0.155 1.90 2.34 4.04 3.40 16.2 17.6 0.000 47 14.16 14.02 12.00 0.006 2.26 5.36 2.86 1.11 26.3 75.3 0.000 48 14.04 14.02 14.72 0.117 1.79 2.36 3.75 2.94 14.1 16.4 0.000 49 14.02 13.92 12.00 0.022 3.35 5.43 3.33 2.13 50.4 73.6 0.000 Page 4 Prop System D 5- yr.txt 50 13.93 13.92 14.39 0.095 7.20 9.43 7.76 6.32 447.3 488.3 0.000 51 13.92 13.91 12.00 0.093 7.73 10.00 7.77 6.45 506.4 539.5 0.000 ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- SUMMARY OF STORM DRAIN STRUCTURE QUANTITIES ----------------------------------------------- ----------------------------------------------- NOTE: The convey length should be from upstream to downstream inside box. This length may also be used as Pay Item. using hydraulic length, from node center to node center, may result in profile error, and this length should not be used as Pay Item. ■1►1CWIS Type of Convey Material Rise Span Number of Links Quantity Structure (ft) (ft) of this type (ft) ----------------------------------------------------------------------- Circular Concrete 2.0 0.0 3 698.16 Circular Concrete 3.0 0.0 4 1277.16 Circular Concrete 2.5 0.0 16 4673.93 Circular Concrete 4.0 0.0 1 467.38 Circular Concrete 3.5 0.0 15 4456.31 Circular Concrete 6.0 0.0 2 931.44 Circular Concrete 7.0 0.0 1 461.76 Circular Concrete 8.0 0.0 2 931.05 Circular Concrete 9.0 0.0 2 946.02 Circular Concrete 9.5 0.0 2 494.52 Circular Concrete 5.5 0.0 2 678.27 Circular Concrete 10.0 0.0 1 75.8 NODES: --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Type of Inlet Type of Grate Inlet Grate Grate Grate Grate Quantity Structure Length width Length Area Perimeter (each) --------------------------------------------------------------------------------- (ft) (ft) (ft) (ft) (ft) 7unction Box 0.0 0.0 0.0 0.0 0.0 51 outlet 0.0 0.0 0.0 0.0 0.0 1 NORMAL TERMINATION OF HOUSTORM. warning Messages for current project: upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream upstream Juno HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL HGL ff Frequ exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds exceeds ency of: 5 critical critical critical critical critical critical critical critical critical critical critical critical critical critical critical critical critical Years elevation (Design) at node Id= OFF6 Run # 51 elevation (Design) at node Id= OFFS Run # 45 elevation (Design) at node Id= OFF7 Run # 49 elevation (Design) at node Id= 47 Run # 44 elevation (Design) at node Id= OFF8 Run # 47 elevation (Design) at node Id= 41 Run # 40 elevation (Design) at node Id= 21 Run # 42 elevation (Design) at node Id= 17 Run # 46 elevation (Design) at node Id= 3G Run # 33 elevation (Design) at node Id= 2H Run # 38 elevation (Design) at node Id= 1I Run # 41 elevation (Design) at node Id= 2G Run # 32 elevation (Design) at node Id= 5H Run # 35 elevation (Design) at node Id= 1H Run # 37 elevation (Design) at node Id= 5G Run # 29 elevation (Design) at node Id= 1G Run # 31 elevation (Design) at node Id= 51 Run # 34 Page 5 Prop system D 5 -yr Upstream HGL exceeds critical elevation (Design) Upstream HGL exceeds critical elevation (Design) .txt at node Id= 1F Run # 26 at node Id= 1E Run # 21 Page 6 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibits: Power Point presentation Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION In 2009, the City of La Porte petitioned TxDOT to relinquish control of Main Street so the City could exercise more control over the Corridor. City Council subsequently directed the Planning Department to investigate options available if enhancements were made to the corridor. Pate Engineering was hired to conduct a comprehensive traffic study of the options available in regards to street signalization, levels of service, pedestrian access and safety, parking options and beautification of Main Street within the Main Street District. The results of the study are now available for presentation with several options being discussed. The Final Report will be prepared based upon the direction of City Council. Action Required by Council: Receive report from Pate Engineering and provide staff with direction. Approved for City Council Agenda Ron Bottoms, City Manager Date Main Street Traffic Study La Porte, Texas LA FORTE LEVEL OF SERVICE.dLNALYSIS —TRAFFIC SIMULATION RESULTS I a I = lxlrra �-� --9 MPIAEVi 3MV7 Swa xb-':i 3MDZ 2"c:z �TEMi=1 WatLLSIEGSI� I t m w T- W REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Aivaust 22, 2011 Requested By Ron Bottoms Department: Parks & Recreation Report: X Resolution: Ordinance: Attachments: Proposed Rental Contiact Attachments: Attachments: Appropriation Source of Funds: Account Number: Amount Available: Requested: Budgeted Item: YES NO X SUMMARY & RECOMMENDATION In the past several months, staff has received a number of requests to use the Five Points Town Plaza for concerts or other special events outside the scope of the CityT's Concert Series. Two of these proposed events involve Christian concerts by local churches. As a policy*, the City has not co- sponsored or allowed third parties to rent the Plaza for events since the venue opened two years ago. Upon review and consideration, staff is proposing that these groups and citizens be allowed to rent the Plaza for special events, much as we do for the Lomax Arena or for Recreation Centers. The groups would be bound by contract to essentially* the same requirements as are provided for Arena and Recreation Center rentals. Rentals would be governed by the existing rules, regulations, and laws of the city, county* and state. The City* would provide oversight for vendors (except alcohol, which would be the responsibility of the Lessee) as far as malting sure they had their County* Health certificate, for example. The special event would be governed by the CityT's Ordinance for Noise as found in Section 34 -91 through 34 -97 of the City s Code of Ordinances. Other cities in the area allow for non - cosponsored special events in each of their outdoor special events venues. Some examples are: Sugarland, Bellaire, Houston, Stafford, League City*, and Baytown. If Council would like to open the door to rentals of the Plaza, staff is recommending that rentals be limited to no more than 4 special events per month or other stipulation so as not to cause an undue burden on the surrounding community*. These additional concerts would most likely increase the number of patrons for the restaurants and other businesses in the area, which is one of the goals of the use of the Plaza. Action Required by Council: Discuss and provide direction regarding the expanded use of the Five Points Town Plaza by allowing its rental by citizens and businesses for special events throughout the year. Approved for City Council Agenda Ron Bottoms, City* Manager Date CITY OF LA PORTE PARKS AND RECREATION DEPARTMENT RESERVATION /RENTAL CONTRACT FIVE POINTS TOWN PLAZA The City of LaPorte is proud to offer Five Points Town Plaza(THE PLAZA) for use by you to present your event. The following rules and regulations are designed to protect and serve the citizens who attend your event as well as the provision for future use by other citizens of LaPorte and the surrounding area. The staff and /or security personnel are thereto assist you as appropriate foryour event and to assure that our interests are accommodated as well asyour own. Please don't ask us to bend the rules or make exceptions that may endanger the security of your event, patrons or cause damage to the facility for events in the future. We trust that you will have a safe and successful event. Rental rates are $15 per hour for non - profit groups and $25 per hour for individuals and for - profitgroup, plus a $100 Refundable Deposit, RULES FOR FIVE POINTS TOWN PLAZA RENTALS 1. All reservations must be made through the Parks and Recreation Department Office, 1322 S.Broadway, La Porte, Texas, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. 2. THE PLAZA shall be available for rental Monday through Thursday from 8:00 a.m. to 9:00 p.m., and Friday through Sunday from 8:0 Oam to 11:0 Opm, based upon availability. Applicant will be required to set -up, breakdown and clean -up within time frame rented. 3. Lessee must be 21 years of age to reserve the Plaza and must be present during function or activity. 4. There will be a Parks & Recreation Employee on duty as Caretaker during the entire event to assist with any problems or concerns and to assure the best interests of the City of La Porte during your event. A cleaning procedure form must be completed by the Lessee and the Caretaker prior to and after your event. S. Reservations are on a first come, first serve basis and may be made by phone or in person. All reservations are a minimum of 2 -hour rentals when police officers are not required and a minimum of 3 -hour rentals when police officers are required. The Director of Parks & Recreation or his /her designee shall determine the need and level of security for events at THE PLAZA. The $100 Deposit must be received by the Parks and Recreation Administration office by the second business day after the day the reservation was made in order to guarantee the reservation. The Deposit will reserve the facility for the Lessee until rental payments are due and will not apply toward rental fees. The Deposit will be refunded by mail, in the form of a check, to the Lessee within fifteen (15) days after the event, as long as rental fees were paid three (3) weeks prior to the event and personal checks have cleared the bank AND provided there are no damages to the facility, the facility is left in the same condition as when the Lessee arrived, and the Lessee is completely out of the facility by the designated end time of rental. The accommodation of rental reservations made less than two (2) weeks in advance of the rental date shall be subject to the availability of staff and security if required; and, both deposit and rental fee must be paid in cash or money order. 6. Any changes requested less than one (1) week before the event would also be contingent on if the Caretaker is available to work the requested changes. However, no changes can be made on security less than ten (10) days prior to event, per Security Services Agreement. 7. Rental fees can be transferred to another date but notice must be given 3 weeks prior to event and the Lessee will be required to pay an additional $100 deposit fee and rental fees must be paid in full. If the rescheduled date is cancelled, rental fees and deposit will be forfeited - the money cannot be REVISED 08/11 transferred to another date. 8. Cancellations must be made in writing at least thirty (30) days prior to reservation date in order to receive a full refund on rental fees and reservation deposit. If proper written notice is not received, Lessee will forfeit the full $100 deposit and rental fees. If Security was required and proper written notice is not received in the office ten (10) days prior to event and charges are more than $200, the Lessee will be invoiced for the difference. 9. The Department reserves the right to cancel and /or reschedule any event rental for just cause upon due notice including any safety, health or weather emergency, or an inability of the Department to fulfill the rental agreement. Such cancellation by the Department shall entitle the Lessee to reschedule the event to another date pending availability or receive a full refund. 10. Alcohol is allowed at THE PLAZA with the purchase of a CoLP Permit. Alcohol is permitted to be consumed at the Plaza by CoLP permit only if the alcohol is available at no charge. Alcohol cannot be sold. A CoLP Alcohol Permit must be purchased at the Parks & Recreation office for $25 and posted at the event. If the permit is not posted, security will not allow any consumption of alcohol, and all alcohol will need to be removed from the premises. The person whose signature is on the permit must be on site the entire time alcohol is being consumed. All laws regarding possession and consumption of alcoholic beverages shall be strictly complied with. Alcohol consumption will be confined to the park area only. No alcoholic beverages will be permitted to be carried out of that designated area, nor can it be consumed in the parking lot. A Minimum of 2 (two) Security officers will be required whenever alcohol is permitted. 11. The City of La Porte has entered into a contract with the La Porte Police Officers' Association, and they have the exclusive right to provide security services. It shall be the responsibility of the Director of Parks & Recreation, or his designee, to determine the number of security officers required for each event and Lessee agrees to allow Lessor to arrange for security officers, and agrees to pay $30 per hour, per security officer. Security must be scheduled by the tenth (10 business day prior to the event date and no changes can be made ten (10) or less business days prior to event. If for any reason the event is cancelled ten (10) or less days prior to the event, the Lessee deposit will be applied to the Security Officers payment and invoiced for the difference, if any. Security Officers are to be PAID IN CASH the actual date of the event prior to the events scheduled time. If the payment for security services is not paid in cash prior to the event, the contract for the event shall be considered null and void, and the Security Agent has the right to cancel the event. Please be aware you will forfeit your money, and the event will not take place if you fail to meet this obligation. 12. The duties of security officers consist of enforcing all existing National, State, Local Laws, Ordinances, and Parks & Recreation Department Rules and Regulations. 13. Sections 34 -91 through 34 -97 of the City of La Porte Code of Ordinances regulates and establishes a maximum sound level of 70 decibels during daytime hours (7:00am to 9:00pm) when measured at the edge of City property. Section 34 -97 allows the above levels to be exceeded during daytime hours (1:00pm to 9:00pm on Sunday) by obtaining a Permit, issued by the Code Enforcement Section of the Planning Department. The Permit is valid for one day only. 14. The rental cannot be used for purposes of selling merchandise nor can admission be charged to attend the event. 15. Glass containers are not permitted in the park, park area, or parking lots. 16. Decorations may be applied to walls with masking tape (no tacks, staples, or nails). All decorations REVISED 08/11 and the means by which they were attached must be removed upon your leaving the site. 17. The City will not supply any equipment or supplies (ie. extension cords, microphones, sound system, etc). 18. It is the responsibility of the Lessee signing this reservation to restore the premises to good order. The PLAZA must be cleaned and restored to good order, and vacated by the end of the designated rental time on your contract. Police officers will close the premises at the designated ending rental time on your contract. If the facility is not cleaned and restored in good order at that time, the $100 deposit will NOT be refunded. A cleaning procedure form must be completed by the Lessee and the Caretaker prior to and after your event. The City will determine the cost of damages, loss or theft of City property or leaving the facility dirty. If the Parks & Recreation employee does not show up, contact the Police Dispatch at: (281) 471 -3810 and, they will contact the proper authority. ANY EXCEPTIONS TO THE ABOVE POLICIES MUST BE MADE IN WRITING AND APPROVED BY THE DIRECTOR OR AUTHORIZED REPRESENTATIVE. NO VERBAL AGREEMENT FOR THE USE OF THE CENTERS SHALL BE BINDING UPON EITHER PARTY TO THE AGREEMENT. Rates are set by Ordinance and approved by City Council. Rates subject to change. I, the undersigned, have read, understand and received a copy of the Five Points Town Plaza Rules and Contract, and will comply with the stipulations stated. LESSEE SIGNATURE 1 17 , 11 1 VI _ PARKS & RECREATION REPRESENTATIVE SIGNATURE DATE REVISED 08/11 Council Agenda Item August 22, 2011 12. COMMITTEE REPORTS (a) Receive Report from the Fiscal Affairs Committee — Councilmember Engelken (b) Receive Report from the Drainage and Flooding Committee — Councilmember Mosteit **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item August 22, 2011 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza (b) Receive Update and provide staff with direction relating to non - homesteaded blue tarp properties — D. Wilmore **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 22, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Drainage Report Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY At the request of the Drainage Committee, staff is providing an update of active projects for Council review. The update to the drainage projects is attached as Exhibit One. Staff will be present to answer any questions that Council may have regarding the projects in the report. Action Required by Council: None. Approved for City Council Agenda Ron Bottoms, City Manager Date CITY COUNCIL DRAINAGE REPORT August 11, 2011 Contract Design and Construction (Klotz) • Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. Construction Contracts executed July 12, 2011. Pre - construction meeting held on June 22, 2011. Contractor to mobilize to work on two areas with no utility conflicts by the end of the week of August 8 or the beginning of the week of August 15 CP gas working on offsetting several gas conflicts and relocating gas mains. Work orders have been completed and construction to start soon. No commitment on start date has been provided. CP Electric working on work order to relocate power pole and Main Service at two locations. Design of relocation underway, estimated time for relocation is 10 to 12 weeks. • Brookglen Detention. Construction on Pond at Brookglen Recreation Center is substantially complete. Work on Detention Pond adjacent to water plant to begin week of August 8th • North and South 16 Streets. Design is in progress, consultant addressing 60% plan comments and working on 90% plans. In -House Design and Construction of City- Initiated Projects. • South La Porte BE Outfalls Oakhurst — Contracts have been executed and work is scheduled to begin in late August or early September. • F -216 Regional Detention Project. Contracts have been executed and work is scheduled to begin in late August once the De -silt project is complete. • City -Wide De- silting of Major Channels — Construction of B106-05, B106-06 and 13109-03 are complete, construction of Arizona Ditch to be complete week of August 8 and moving to the 3rd Street ROW Ditch. Work is expected to be complete by mid- August. • Coordination with Harris County Flood Control District Recommending the Battleground Estates and Shady River Project for City Council Approval on August 22 F101 -06 and B112 projects have been postponed for HCFCD to complete Hydro excavation and PER for the 1 Staff will be visiting with Pasadena on future projects that may impact B 112. • Battleview Area Survey data for design underway and should be complete by lid August. • East Main. Design is 90% complete and pending HCPID approval. In -House Drainage Maintenance Activities. • North Shady Lane Working with HOA to secure easement for drainage swale. • Sunrise and Broadway. Plans are complete. Project will be constructed by Public Works and is being scheduled for construction after October 1 as this project is to be funded in 2012. • In -Fill Drainage Maintenance. Public Works working on re- grading ditches in Spenwick. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste August 22, 2011 Requested By: D. Wilmore Department: Phnnina Report: X Resolution: Ordinance: Exhibits: Blue Tarp "Non- Homestead" List Exhibits: Source of Funds: Budget Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YE NO SUMMARY & RECOMMENDATION The June 28, 2011 Blue Tarp Assessment List, which included the abated locations, the non - homesteaded locations and the homesteaded locations, was reviewed by City Council at the JuIv 25, 2011 meeting. Following the discussion, staff received the following direction regarding the unresolved, "non - homesteaded" locations 1) check the tax status of each property; 2) contact the owners and/or occupants of the 18 properties; and 3) provide Council with an update. The modified list attached shows oniv the "non- homesteaded" properties. In addition the list includes reference to the information collected and those with delinquent taxes. Current Council direction is to continue allowing blue roofs for residential properties (as long as the tarp is maintained in good condition) but require commercial properties to have their roofs repaired /replaced. Unfortunately, 12 of the 18 locations require new tarps. At this time, staff is seeking direction on how staff should proceed with regards to the "non- homesteaded " locations. Action Required by Council: Receive update and provide staff with direction relating to "non - homesteaded" blue tarp properties. Approved for City Council Agenda Ron Bottoms, City Manager Date La Porte, TX Non - Homestead Blue Roof Council Packet UTILITY BILLING VIOLATION ADDRESS CUSTOMER COMMENTS PROPERTY OWNER STATUS NOTES NEEDS NEW 402 BAY OAKS NO WATER- 5/2009 VACANT JESUS & BLANCA VILLARREAL ACTIVE TARP VACANT - NEW OWNER PLANS TO BENTLY BEALL REPLACE ROOF BYEND Of AUG.; RECENTLY SOLD TO ADRIANA NEEDS NEW 233 S BROWNELL NO WATER- 8/2009 PLANS TO LIVE THERE HERSELF MEDINA ACTIVE TARP PROVIDED HARRIS CO HANDOUT - NEEDS NEW 9811 CARDINAL KATRINA FLECK (WIFE) SAVING MONEY TO REPAIR ROOF MICHAEL BRIGGS ACTIVE TARP JUAN LIVES IN HOUSE BUT STEPHANIE C CANTU (JUAN'S DAUGHTER) HAS UTILITY IN NEEDS NEW 9413 CARLOW HER NAME PROVIDED HARRIS CO HANDOUT JUAN CANTU JR ACTIVE TARP EXECUTOR OF ESTATE; PLANS TO NEEDS NEW 324 N FIFTH EARL CANDLER KEEP TARP NEW AS NEEDED CANDLER ESTATE ACTIVE TARP OCCUPIED - LEFT 3 DOOR HANGERS- NEEDS NEW 3102 HAMILTON CATHY GREEN RHODES NO RESPONSE CATHY G RHODES ACTIVE TARP VACANT -PLANS TO MOVE HOUSE NEEDS NEW 313 S IDAHO NO WATER 3/2011 OFF PROPERTY AARON BARRETT ACTIVE TARP DUPLEX RENTAL PROP; ONLY 112 RENTED; WATER IN OWNER NAME; MAKING PLANS FOR ROOF REPAIR _ NEEDS NEW 114 S IOWA DOROTHY NELL ECKHARDT WAITING ON FUNDS DOROTHY N ECKHARDT ACTIVE TARP (HCAD SHOWS JAMES SUMRA) RICK VACANT HOUSE BUT STYRON SAYS RICK E STYRON (REALTOR) FORECLOSED - PENDING SALE BANK OF NY MELLON TRUSTEE IS !NEEDS NEW 801 S THIRD HAS ACTIVE ACCOUNT 0812011 FORECLOSING ACTIVE TARP ROBERT D MEAD NOW ON HCAD COURT - OWNER OCCUPIED; WILL BE BOUGHT FROM NEEDS NEW 10925 N H JR013ERT D MEAD IREPAIRED WITHIN 1 MONTH ITERESA WEBER (MOTHER) ACTIVE TARP La Porte, TX Non - Homestead Blue Roof Council Packet UTILITY BILLING VIOLATION ADDRESS CUSTOMER COMMENTS PROPERTY OWNER STATUS NOTES CO U RT- CANYON NEEDS NEW 605 SPRINGS VACANT - NO WATER PART OF IKE RECOVERY PROGRAM RUTHIE L RHODES ACTIVE TARP PART OF IKE RECOVERY PROGRAM ANTHONY & NEEDS NEW 426 S FOURTH ANTHONY BERNARD `FAXES DELINQUENT ANA BERNARD ACTIVE TARP ELIZABETH P CLENDEN RECEIVED WATER FROM 2311 (DAUGHTER) NOW OWNS ELIZABETH K CLENDENEN - HAS NEW 2403 CRESCENT DR S BROADWAY VACANT - PLANS TO DEMO HOUSE DECEASED ACTIVE TARP SANDRA DAVILA /SANDRA BONNER SAME PERSON- PLANS TO KEEP HAS NEW 316 S IOWA SANDRA C DAVILA ITARPNEWAS NEEDED SANDRA C BONNER ACTIVE TARP OCCUPIED - WATER DEBBIE JANSSEN (MOTHER) RUSSEL T JANSSEN (DECEASED); ACCOUNT FOR DEBBIE MOVED IN 511111; PLANS TO KEEP NEW OWNERS JANELL & HEATHER HAS NEW 716 S IOWA JANSSEN 814111 TARP NEW AS NEEDED JANSEN (DAUGHTERS) ACTIVE TARP OWNER OCCUPIED; WILL BE FIXED WITHIN 1 MONTH HAS NEW 832 S THIRD JEAN J PARSONS TAXES DELINQUENT CRAIG & JEANETTE PARSONS ACTIVE TARP PLANS TO HAVE ROOF IN 2 COURT -HAS 9810 BLUE BIRD JACK L. DAVIS - TENANT MONTHS EDWARD D TOWNSEND ACTIVE NEW TARP JESSE BOOTH PURCHASED HOUSE TARP GONE - OWNER OCCUPIED AND HAS NEW FROM DEUTSCHE BANK NAT'L HAS NEW 505 N TWELFTH IJESSE BOOTH IROOF ITRUST CLOSED I ROOF Council Agenda Item August 22, 2011 14. ADMINISTRATIVE REPORTS August 23, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. August 25, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m. August 30, 2011 — Building Codes Appeal Board Meeting — 6:00 p.m. **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item August 22, 2011 15. 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 Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item August 22, 2011 16. 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: Texas Government Code, Section 551.071 — Deliberation about Real Property — Discuss and receive update from Main Properties on 908/912 West Main and the Old PD /Municipal Court Building 17. RECONVENE: into regular session and consider action, if any, on items discussed in executive session. 18. ADJOURN **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **