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09-12-11 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 DARYL LEONARD 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 September 12, 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 Reverend Wayne Spears — Fairmont Park Church 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Chuck Engelken 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Proclamation — "Moment of Remembrance of September 11, 2001" — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of the regular meeting of the La Porte City Council held on August 22, 2011 — P. Fogarty (b) Consider approval or other action repealing Ordinance 3366 relating to the appointment of citizens to city boards, committees and commissions— P. Fogarty (c) Consider approval or other action regarding an ordinance vacating, abandoning, and closing the 7,600 square -foot alley in Block 187, La Porte; and authorize the execution and delivery of a deed to the adjoining landowner, Victory Tabernacle — T. Tietjens (d) Consider approval or other action to renew the operator's agreement between the City of La Porte and the La Porte Area Water Authority — D. Mick (e) Consider approval or other action of the La Porte Area Water Authority Board giving authorization for the General Manager to execute an agreement with the City of Pasadena — D. Mick (f) Consider approval or other action authorizing City Manager to implement the bidding, negotiation, construction and the operational phases of the previously executed agreement with Ray & Hollington Architects for design of the New Fire Station No. 1 and the Fire Administration Building, and authorize the City Manager to increase the professional services reimbursable account — D. Ladd 7. AUTHORIZATIONS (a) Consider approval or other action appointing and /or reappointing members to various boards, commissions and committees — P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute a contract with Klotz Associates, Inc., for the Preliminary Engineering Design of Battleground Estates and with Civil Tech Engineering for the Preliminary Engineering Design of Shady River — J. Garza 8. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the City of La Porte's Fiscal Year 2011- 2012 Proposed Budget — M. Dolby (b) Consider approval or other action regarding an ordinance approving and adopting the City of La Porte's Fiscal Year 2011 -2012 Proposed Budget — M. Dolby (c) Consider approval or other action regarding a resolution adopting the 2011 Appraisal Roll of the Harris County Appraisal District — M. Dolby (d) Consider approval or other action regarding an ordinance establishing the Tax Rate for the 2011 -2012 Fiscal Year of maintenance and operation rate of $.605 and a debt service rate of $.105 for a total tax rate of $.71 per hundred dollar valuation — M. Dolby 9. ORDINANCES (a) Consider approval or other action of an ordinance amending Appendix - A, "Fees, Solid Waste" of the Code of Ordinances by increasing the monthly Residential Dwelling Solid Waste Fee — M. Dolby 10. RESOLUTIONS (a) Consider approval or other action regarding a resolution establishing fund balance policies as required by GASB 54 (Governmental Accounting Standards Board) — M. Dolby (b) Consider approval or other action regarding a resolution nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District — P. Fogarty 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Safety Town — K. Adcox (b) Discussion or other action regarding a report from the Redistricting Committee — T. Tietjens (c) Discussion /workshop or other action regarding direction and input to the La Porte Development Corporation — R. Bottoms 12. COMMITTEE REPORTS (a) Receive Report from La Porte Development Corporation Board — Councilmember Engelken 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza (b) Receive report on Donation Clothing Bins — D. Wilmore 14. ADMINISTRATIVE REPORTS September 13, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. September 22, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m. September 26, 2011 — City Council 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 Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard 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. 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 September 12, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on September 6, 2011. Patrice Fogarty, City Secretary I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of 1 2011. Signature of person removing from bulletin board Council Agenda Item September 12, 2011 1. CALL TO ORDER — Mayor Rigby 2. INVOCATION — The Invocation will be given by Wayne Spears — Fairmont Park Church 3. PLEDGE OF ALLEGIANCE — Councilmember Chuck Engelken 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Proclamation — "Moment of Remembrance of September 11, 2001" — Mayor Rigby 5. PUBLIC COMMENTS (Limited to five minutes person) ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ri / iI predffivaivir The City of*La Porte Joining the National Moment of Remembrance of the 10 Anniversary of September 11 WHEREAS, the governing body of the City of La Porte expresses its support of the United States Senate regarding coming together as a Nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and WHEREAS, countless fire departments, police departments, first responders, governmental officials, emergency medical personnel, and volunteers responded immediately and heroically to the horrific events; and WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; and WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; and WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harm's way defending the United States against those who seek to threaten the United States; and WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with victims and their families whose lives were changed forever on September 11, 2001, when events threatened the American way of life; and WHEREAS, in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act; and WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 and Proclamation 8559 proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and WHEREAS, September 11 will never be just another day in the hearts and minds of all people of the United States; BE IT RESOLVED that on the 10th anniversary of this tragic day in our Nation's history, the governing body of the City of La Porte remembers and honors those who perished in the terrorist attacks on September 11, 2001, and encourages this remembrance in the hearts and minds of all citizens of the City of La Porte, the State of Texas, and the United States of America. NOW, THEREFORE, I, Louis R. Rigby, Mayor of the City of LaPorte, do hereby encourage "Observance and Remembrance of September 11, 2001." IN WITNESS WHEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of September 2011. City of La Porte Louis R Rigby, Mayor Council Agenda Item September 12, 2011 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of the regular meeting of the La Porte City Council held on August 22, 2011 — P. Fogarty (b) Consider approval or other action repealing Ordinance 3366 relating to the appointment of citizens to city boards, committees and commissions— P. Fogarty (c) Consider approval or other action regarding an ordinance vacating, abandoning, and closing the 7,600 square -foot alley in Block 187, La Porte; and authorize the execution and delivery of a deed to the adjoining landowner, Victory Tabernacle — T. Tietjens (d) Consider approval or other action to renew the operator's agreement between the City of La Porte and the La Porte Area Water Authority — D. Mick (e) Consider approval or other action of the La Porte Area Water Authority Board giving authorization for the General Manager to execute an agreement with the City of Pasadena — D. Mick (f) Consider approval or other action authorizing City Manager to implement the bidding, negotiation, construction and the operational phases of the previously executed agreement with Ray & Hollington Architects for design of the New Fire Station No. 1 and the Fire Administration Building, and authorize the City Manager to increase the professional services reimbursable account — D. Ladd **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 DARYL LEONARD 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 AUGUST 22, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, August 22, 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 with Councilmember Clausen arriving at 6:10 p.m. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Pastor Dunn. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Leonard. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Mayor Rigby presented a proclamation to Mr. Gideon Jones for "Airport Appreciation Month." (b) Mayor Rigby presented a proclamation to Ann Malone for "Ann Malone Day," in appreciation for her dedication to the city. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Ted Powell — 1700 Roscoe, La Porte, addressed Council and expressed his appreciation of having funds reimbursed to Harris County for the purpose of restoring the Sylvan Beach Pavilion. Mr. Powell also expressed concerns regarding the noise ordinance in relation to expanding the use of the Five Points Town Plaza by allowing rental by citizens and businesses. Kathryn Aguilar — 3119 Fondren, La Porte, addressed Council and expressed her excitement regarding the restoration of Sylvan Beach Pavilion and wishes for Council to reimburse Harris County with insurance proceeds received by the City. Ms. Aguilar also expressed concerns with the Five Points Town Plaza not being designed or appropriate for a music venue. Mike Shanahan — 200 S. Virginia, La Porte, addressed Council regarding concerns, which he has had for over a year, to mitigate noise at the Five Points Town Plaza. Rhonda Lunsford — 201 E. Main, La Porte, (location of business), addressed Council with concerns of the traffic study on Main Street and requested Council to review the study to ensure it would benefit all business owners on Main Street. Brent Heckendorn — 518 W. Main, (location of business), addressed Council with concerns of the Main Street traffic study in regards to pedestrian traffic, adding a traffic light at 2n Street and the risk of having only one lane. Page 1 of 9 August 22, 2011, City Council Meeting Minutes 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 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 Assistant City Attorney Clark Askins read the following captions of ordinances. Ordinance 3369 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 COMPLEMENTRY PARATRANSIT SERVICES IN THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3370 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. Page 2 of 9 August 22, 2011, City Council Meeting Minutes Ordinance 2007 -IDA -125 AN ORDINACE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DTMT TWO, LLC, A LIMITED LIABILITY CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3371 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND DTMT TWO, LLC, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 2007 -IDA -124 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NORTH BAYPORT INDUSTRIAL PARK II (2), LTD, A TEXAS LIMITED PARTNERSHIP (10220 NEW DECADE) FOR TH 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 HEREOF. Ordinance 3372 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 SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember seconded Martin. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None At this time Council recessed the regular meeting at 6:30 p.m. to convene the executive session. Further information about the executive session may be found under Items 16 and 17 of these minutes. Council returned to the regular meeting at 7:07 p.m. 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 City Engineer Julian Garza presented a summary. Councilmember Engelken thanked staff for addressing the drainage issues in the city and the fine job performed on the project. Councilmember Engelken further commented the homeowners' associations were very pleased. Councilmember Engelken moved to approve the Change Order to the contract with Paskey for de- silting ditches as presented. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None Page 3 of 9 August 22, 2011, City Council Meeting Minutes (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 City Engineer Julian Garza presented a summary. Councilmember Clausen questioned whether the waterline would be run underneath the 6'x4' box culvert. City Engineer Garza responded yes, that is the intention. Councilmember Moser moved to approve the execution of 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 as presented. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (c) Consider approval or other action authorizing expenditure by the La Porte Development Corporation Board in connection with award of a contract for directional signage — S. Osborne Development Coordinator Stacey Osborne presented a summary. Councilmember Martin moved to approve the expenditure by the La Porte Development Corporation Board in connection with award of a contract for directional signage as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 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. The public hearing was opened at 7:40 p.m. Assistant Fire Chief Donald Ladd presented a summary. Councilmember Martin asked what would happen if there was surplus at the end of the year, and Assistant Fire Chief Donald Ladd responded it would remain with the Board. Mayor Rigby questioned if the training officer position would be filled by an employee within the City. Assistant Fire Chief Donald Ladd responded it is possible. Public comments were taken. Philip Hoot, 927 Seabreeze, La Porte, asked if the training officer would take on other responsibilities and assist with what he assumes has been spent on outside services. Assistant Fire Chief Donald Ladd responded that the training officer position is also a safety officer position, and the position will not take the place of outside training. He also commented that overtime would be decreased with adding the position. The public hearing closed at 7:50 p.m. Page 4of9 August 22, 2011, City Council Meeting Minutes (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 Councilmember Zemanek moved to accept the La Porte Fire Control, Prevention and Emergency Medical Services District's budget for fiscal year beginning October 1, 2011, as presented. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 9. ORDINANCES (a) Consider approval or other action regarding an ordinance amending the 2009 Uniform Plumbing Code — D. Wilmore Chief Building Official Debbie Wilmore presented a summary. Assistant City Attorney Clark Askins read the ordinance caption: ORDINANCE 3373 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 FACILITIES' FROM THE UNIFORM PLUMBING 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 FINDED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Clausen moved to adopt the ordinance as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 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 Planning Director Tim Tietjens presented a summary. Assistant City Attorney Clark Askins read the caption of the resolution. RESOLUTION 2011 -08 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. Councilmember Mosteit moved to adopt Resolution 2011 -08 setting the public hearings for the 10 day of October, 2011 at 6:00 p.m., and the 24 day of October, 2011 at 6:00 p.m., in the Council Page 5 of 9 August 22, 2011, City Council Meeting Minutes Chambers of City Hall of the City of La Porte as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 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 Assistant Fire Chief Donald Ladd discussed the proposed new fee schedules for fire protection in the Industrial District Agreement (IDA) and extraterritorial jurisdiction (ETJ) response areas. Councilmember Clausen requested clarification of the verbiage in the Industrial District Agreement (IDA). Assistant Fire Chief Donald Ladd provided clarification. Councilmember Kaminski made a motion to direct staff to move forward as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (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 Finance Director Michael Dolby discussed the dedication of insurance proceeds to Harris County for the purpose of restoring the Sylvan Beach Pavilion. Councilmember Engelken moved to send the insurance proceeds to Harris County. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (c) Discussion of the Concrete Street Study from Cobb, Fendley & Associates — J. Garza City Engineer Julian Garza and Dale Conger, with Cobb Fendley & Associates, discussed the Concrete Street Study from Cobb, Fendley & Associates. Councilmember Engelken questioned how long it would take to complete the work needed pursuant to the Concrete Street Study. Mr. Conger responded it depends on how frequently Council would be willing to dedicate funding. Councilmember Martin commented Council should adopt a `pay as you go' strategy and prioritize projects. Councilmember Moser questioned if staff was suggesting a workshop at this meeting or wanted to wait for funding. City Engineer Julian Garza recommended Council schedule a future workshop to Page 6 of 9 August 22, 2011, City Council Meeting Minutes discuss funding and strategy concepts. City Manager Ron Bottoms informed Hurricane Ike funds are available to begin improvements. Mayor Rigby questioned how the phases were determined. Mr. Conger responded the phases were determined by working the three outfalls which were identified as causing the drainage issues. Councilmember Leonard questioned if the City -Wide Drainage Plan was included in the Concrete Street Study. Mr. Conger responded it was coordinated with the other work but does not affect the flood plain. Staff was directed to bring the Concrete Street Study as a workshop item on a future agenda. (d) Discussion or other action regarding report from Pate Engineering on Main Street traffic study and provide staff with direction — T. Tietjens Planning Director Tim Tietjens, Tobin Maples and Tim Buscha, with Pate Engineering, presented the report from Pate Engineering on the Main Street traffic study. Councilmember Moser moved to table the item and have a workshop at a later date for business owners on Main Street to attend the meeting. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (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 Parks and Recreation Director Stephen Barr discussed possible expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year. Councilmember Leonard commented he had an issue with allowing rental of the Five Points Town Plaza that would disturb the surrounding neighbors. Councilmember Moser commented concerts should be held at places other than the Five Points Town Plaza and would like further discussion and a vote concerning music at the Five Points Town Plaza. Mayor Rigby commented music at Five Points Town Plaza could be discussed at a future meeting, but staff needed direction on rental of the Five Points Town Plaza by citizens and businesses. Councilmember Leonard commented the City could consider changing the noise ordinance and have everyone governed by the same ordinance and then look at renting facilities and see how neighbors are affected. Councilmember Engelken commented noise was also generated from other city events and would like to see the noise issues resolved throughout the entire city. Page 7 of 9 August 22, 2011, City Council Meeting Minutes Councilmember Moser moved to deny the expanded use of the Five Points Town Plaza by allowing rental by citizens and businesses for special events throughout the year. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None 12. COMMITTEE REPORTS (a) Receive Report from the Fiscal Affairs Committee — Councilmember Engelken Councilmember Engelken provided a report from the Fiscal Affairs Committee. (b) Receive Report from Drainage and Flooding Committee — Councilmember Mosteit Councilmember Mosteit provided a report from the Drainage and Flooding Committee. 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza. City Engineer Julian Garza provided a Drainage Report. (b) Receive Update and provide staff with direction relating to non - homesteaded blue tarp properties — D. Wilmore. Chief Building Official Debbie Wilmore provided an update relating to non - homesteaded blue tarp properties. Councilmembers Moser and Clausen commented they did not want to see property owners sent to court for violations. Councilmember Clausen also commented the properties should be checked quarterly for changes and whether the property owners need assistance. City Council directed staff to check back with the property owners after the beginning of the year and to provide Council with an updated report. 14. ADMINISTRATIVE REPORTS — R. Bottoms 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 Appeals 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 Councilmember Leonard congratulated Gideon Jones and Ann Malone on the proclamations they received. Councilmember Engelken did not have any comments. Councilmember Mosteit congratulated Ann Malone on the proclamation she received and thanked her for her dedication to the city. Councilmember Clausen did not have any comments. Councilmember Martin reported on the TML Region 14 Meeting he attended in Galveston. Councilmember Moser commented on the very meaningful dedication by Bay Area Habitat for Humanity for new homeowners on N. 5 Street and thanked Council and staff for participating. Councilmember Kaminski thanked Ann Malone for her dedication to the city and also commented on the wonderful dedication by Bay Area Habitat for Humanity for new homeowners on N. 5 Street. Councilmember Zemanek congratulated Gideon Page 8 of 9 August 22, 2011, City Council Meeting Minutes Jones and Ann Malone on the proclamations they received and reminded everyone school has started and encouraged motorist to slow down. Mayor Rigby thanked Ann Malone for her dedication to the city, commented on the dedication by Bay Area Habitat for Humanity and the speakers at the event recognizing the city. Mayor Rigby also commended Public Works employees on the great work performed repairing 107 water main breaks. The executive session was taken out of order at 6:30 p.m. 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. City Council recessed the regular meeting to convene an executive session at 6:30 p.m. to discuss and receive an update from Main Properties on 908/912 W. Main and the Old PD /Municipal Court Building. 17. RECONVENE The regular meeting reconvened at 7:07 p.m. Council directed the realtors to continue pursuit of the sale of these properties owned by the City. 18. ADJOURN There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 9:56 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on the 12 of September, 2011. Mayor Louis R. Rigby Page 9 of 9 August 22, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 12, 2011 Requested By Patrice Fogarty Department: City Secretary Report Resolution: Ordinance X Exhibits: Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City's procedure for appointing members to various boards and commissions has been to pass an ordinance. Staff recommends that, moving forward, appointments be handled through Council action without passage of an ordinance each time there is a change to any of the City's boards. It is common practice in other cities to appoint board members by Council action without an accompanying ordinance or resolution. The ordinance before Council repeals the latest appointment ordinance (Ordinance No. 3366) which was adopted on June 27, 2011, as well as all other preceding appointing ordinances or parts of ordinances not repealed by passage of Ordinance 3366. If Council adopts this ordinance, there will be an opportunity to take action to re- appoint those members still in their unexpired terms, and an opportunity for Council to appoint or re- appoint those board members whose terms are expiring or where there is a vacancy. Action Required by Council: Staff recommends Council adopt this ordinance repealing Ordinance No. 3366, and that future appointments to boards be through City Council action without an accompanying ordinance. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011- AN ORDINANCE REPEALING ORDINANCE NO. 3366, APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby expressly repeals Ordinance 3366, appointing members to various boards, commissions, and committees, as well as all other preceding ordinances or parts of ordinances appointing members to various boards, commissions, and committees not repealed by passage of said Ordinance 3366. Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED, this day of , 2011. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Deed to Grantee 3. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has received an application from Pastor Jackie King of Victory Tabernacle Church to vacate, abandon and close the alley in Block 187, La Porte (see Exhibit 3, Area Map). City Staff has reviewed the church's closing request and determined that neither the City nor its franchised utility companies maintain existing facilities within the alley to be closed. In accordance with Section 6235 of the Code of Ordinances, Staff has ordered an independent appraisal of the alleys in question to determine the fair market value. The appraisal established a value of $1.00 per square foot. The City has subsequently received payment from Victory Tabernacle in the amount of $5,700 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the subject alley and delivering a deed for the closed alley to the adjoining landowner. Action Required of Council: Approve an ordinance vacating, abandoning, and closing the 7,600 square foot alley in Block 187, La Porte; and authorizing the execution and delivery of a deed to the adjoining landowner, Victory Tabernacle. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011- AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 187, LA PORTS, HARRIS COUNTY, TEXAS AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWI AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter alley in Block 187, La Porte; to vacate, abandon, and permanently close the hereinafter described alley in Block 187, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alley in Block 187, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described alley in Block 187, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alley in Block 187, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alley in Block 187, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: Pa The entire alley in Block 187, La Porte, containing a total of 7,600 square feet and generally illustrated on Exhibit "All as attached hereto and incorporated by reference herein. 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: Knox W. Askins, City Attorney n EXHIBIT "A" N 424, 423 422 ALLEY CLOSING BLOCK 187, LA PORTE (7,600 SQ. FT.) Z o� z� —._- -- 166 413 167 186 90 �O qt � 74 165 N 0%- 91 92 0 93 �AS� DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: September 12, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: LaPorte Victory Tabernacle, Inc. Mailing Address: P.O. Box 1925, La Porte, TX 77572 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): The entire-alley in Block 187, La Porte, Harris County, Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of seven thousand six hundred (7,600) square feet, which Alley Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2011 -- , passed and approved by the City Council of the City of La Porte on September 12, 2011. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: Patrice Fogarty City Secretary Approv l� Knox W. Askins City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § By: City of La Porte Ron Bottoms City Manager This instrument was acknowledged before me on the day of , 2011, by Ron Bottoms, City Manager of the City of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TOs CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572 -1218 EXHIBIT "A" TO DEED 424 N 423 s 422 ALLEY CLOSING BLOCK 187, LA PORTE (7,600 SQ. FT.) 2 �2 4�3 187 186 z� X85 o 91 0 9 G N � a 92 7 t 9 93 `� �PS� UESI r'uK LI I Y Uut Agenda Date Requested: 9/12/11 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibits: Proposed Operator's Agreement Auff. L 2011 LPAWA Board Minutes INCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte Area Water Authority (LPAWA) contracts with the City of La Porte to utilize city staff for billing, testing, state permitting, maintenance of LPAWA infrastructure, and all other administrative functions via an operator's agreement. The attached operator's agreement was unanimously approved by the LPAWA board at their August 1, 2011 meeting. (Attached meeting minutes, Item 43.) This new agreement is the same as the current agreement. The new cost is the existing cost plus a CPI -u adjustment as provided in the current agreement. Action Required by Council: Consider approval to renew the operator's agreement between the City of La Porte and the La Porte Area Water Authority. Approved for City Council Agenda Ron Bottoms, City Manager date OPERATOR'S AGREEMENT This agreement, entered into this day of AUGUST, 2011, by and between the La Porte Area Water Authority, acEin.g by and through its duly authorized officers (hereinafter sometimes referred to as "OWNER ") and the City of La Porte, Texas, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OPERATOR "). For and in consideration of the mutual undertakings herein contained, Authority and City agree as follows: 1. OPERATOR agrees to operate, maintain, repair, and manage OWNER'S property for a term of three (3) years commencing October 1, 2011 with an option to renew this agreement for an additional period of three (3) years, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90) day written notice to the other. II. operation shall consist of furnishing labor and administrative support services to provide efficient operation, maintenance, and management of oWNER transmission system, shown on record construction drawings on file at the La Porte City Hall, and to provide clerical and administrative support for the billing, accounting, and other support needed for efficient operation of OWNER'S transmission system, which includes, but not limited to the following: I. Provide operating personnel at all times who hold valid water works licenses issued- by the Texas Natural Resources Conservation commission. 2. Provide operating personnel on --Call twenty- -four (24) hours per day, seven (7) days per week with a twenty --four (24) hour telephone dispatching service and vehicles equipped with two -way radios. 3. Provide clerical and administrative support for billing, accounting, supervisory, and other support as needed for the efficient operation of OWNER'S transmission system. 4. Daily check, at all customer takepoints, (including weekends and holidays) : a. All control systems; b. Take teeter readings; and c. Check all electrical operations. 5. Collect, on a monthly basis, all necessary water samples as required by local, state, and federal regulations. G. Run complete chemical analysis of water supply. 7. Prepare, submit, and furnish copy to OWNER all required reports to local, state, and federal agencies having regulatory powers over OWNER'S transmission system. 8. Furnish monthly operational, fiscal, and budgetary reports to OWNER. 9. Prepare operation line -item budget estimate for OWNER'S approval prior to the termination of this Agreement. 10. Perform preventive maintenance as required by equipment manufacturers' operating manuals, provided by OWNER.. 11. Maintain required records of water system operations. 12. Report to OWNER system improvements and /or major repairs needed. 13. Prepare, mail, and collect monthly bills for water consumed by all customers, in accordance with the Accounting Policy Statement attached hereto as Exhibit "A ". 14. Process invoices for materials, supplies, and services necessary to operate the water supply system. 15. Provide necessary office space in its facilities for a master control center needed for the control, historical recording, and reporting of the water transmission system. III. OPERATOR shall receive compensation for services (Annual Fee) enumerated in Section II above in the amount of $62,852, parable monthly, in, a sum equal to 1/12 of the Annual Fee, on or before the 15' day of each month that this Agreement remains in effect. The Annual. Fee shall be binding on the operator and the Owner for the first year of the Agreement, that is from October 1, 2011 through September 31, 2012. Beginning October 1, 2012, and in subsequent years thereafter, there shall be an annual cost of living adjustment of the Annual Fee. The annual cost of living adjustment shall be calculated by multiplying the Annual Fee by a fraction, the denominator of which shall be the April 2011 Consumer Price Index for All Urban Consumers (CPI -U) , all items, U.S. City Average, and the numerator shall be the CPI -U for all items, U.S. City Average for April 2012, and subsequent dates of adjustment. IV. OPERATOR will procure, to OWNER'S account, supplies, materials, equipment, and services, utilizing funds allocated in OWNER'S approved budget, attached hereto as Exhibit "B ", for the routine operation of OWNER'S transmission system. OPERATOR shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the operation of the transmission system. V. Repairs, adjustments, and operation of the system outside of the scope of services outlined in Section II of this Agreement will be billed to OWNER on an actual cost basis. Whenever possible, OPERATOR will obtain advance approval from OWNER prior to beginning aon- routine work; however, OPERATOR is authorized to proceed, unless specifically directed otherwise, in those cases deemed necessary by the OPERATOR. VI. OPERATOR will exercise good judgement in the replacement of equipment under this Agreement. OWNER will not hold OPERATOR responsible for guarantees or warranties for such equipment. The OPERATOR will make responsible efforts to secure normal guarantees to OWNER. VII. OPERATOR is retained by OWNER only for the purpose and to the extent set forth in this Agreement, and his relation to OWNER, during the period of this Agreement, is that of an independent entity, and he shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. OPERATOR shall not be considered an employee of OWNER. VIII. OPERATOR agrees that all customers of OWNER will receive equal treatment under the terms of this Agreement. IX. OPERATOR shall be required to operate within the current guidelines of its governing body and shall notify OWNER of any possible conflicts with such guidelines, as soon as practicable after the Occurrence of said possible conflicts. X. OPERATOR hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of OPERATOR or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the maintenance and operation. of OWNER'S transmission system provided for in this Agreement and if any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim may be based upon the OWNER'S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the OWNER, the OPERATOR agrees to .indemnify and save harmless the OWNER, its agents, servants, and employees from and against any and all loss, expense, damage, or injury that the OWNER may sustain as a result of any such claims and the OPERATOR agrees to assume, on behalf of the OWNER, the defense of any action at law or in equity, which may be brought against the OWNER upon such claim and to pay on behalf of the OWNER, upon its demand, the amount of any judgement that may be entered against the OWNER in any such action. XI. Before commencing the work, the OPERATOR shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The OPERATOR agrees that nothing contained in this paragraph shall limit or release the OPERATOR from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the OWNER. If the OPERATOR fails to procure and maintain at least the above insurance, the OWNER shall have the right to procure and maintain the said insurance for and in the name of the OPERATOR, and the OPERATOR shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. XII. The OPERATOR for the Contract Price herein provided for, hereby agrees to pay and shall hold the OWNER harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. XIII. if either the OPERA'T'OR or OWNER believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty--five (45) days (or such other time limits as may be expressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. V141TA All matters relating to the validity, performance, lxiterpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNE WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OV LA PORTR Louis R. Rigby, Mayor.' ATTVST Patrice Fogarty, City Secretary LA pOR` F, ARFA. WATER AUTHORITY B y. , esident Ds.•u'�.d Jarida, AT'TES'T' i Steve v6l6aous, Secretary' LA PORTE AREA WATER AUTHORITY MINUTES AUGUST 1, 2011 1. The meeting was called to order at 6:00 PM by President David Janda. Members Present: President David Janda, Vice President Kenneth Schlather, Secretary Steve Valerius, Members Dennis Steger, Randy Woodard (6:15) Members Absent: None Others Present: General Manager Ron Bottoms (6:07), Public Works Director David Mick, Asst. Public Works Director Don Pennell, Director of Finance Michael Dolby, City Controller Phyllis Rinehart, and Morgan's Point Asst. City Administrator Brian Schneider (6:02). The minutes from the meeting held February 2, 2011 were reviewed. Motion by Steve Valerius to approve minutes with corrections as noted, second by Dennis Steger motion was unanimous. 3. Consider approval of the Operator's Agreement between the City of La Porte and the La Porte Area Water. It was noted by David Mick that the current rate was based on the 2008 agreement with CPI -U calculations added for the next three years. Motion by Steve Valerius, second by Kenneth Schlather to approve Operator's agreement. Motion was unanimous. 4. Request was made by David Mick to skip Item number 4 on the agenda and return to it after review of items 5, 6, and 7 on the agenda. All members agreed. 5. Overview of items 5 and 6, City of Houston true up payment for 2009 and 2010 was presented by David Mick. After some discussion as to would it be better for the Water Authority to pay or not pay the request by the City of Houston and question as to if the "looser" would pay all of the legal fees if the outcome was decided in court, what court this dispute would be heard in, there was a request by Kenneth Schlather to explore the possibilities of the legal outcome. 6. David Mick presented agenda item 7, the Inter -local Agency Agreement as proposed by the City of Pasadena for reimbursement to the City of Pasadena for expenses related to the potential change in the SE Houston Water Plant Operator, Manager, and legal expenses related to true up charges with recommendation by the City of La Porte Asst. City Attorney. Approximate costs associated with Operations and management is $395,000 for an engineering firm to assist with new contracts for plant operator and manager. $10,000 for and independent audit. Other associated fees. La Porte Area Water Authority cost would be 8 percent of the total amount. Motion was made by Steve Valerius to approve the agreement with an addition of a maximum associated legal and engineering expenses not exceed either 10 percent prorated share or $50,000 and the LPAWA to be represented on the internal co- participant committee reviewing the true up cost, operational and management changes, second by Dennis Steger. Motion was unanimous. 7. General Manager Ron Bottoms and Michael Dolby presented highlights of agenda item 4 the proposed 2011 -2012 LPAWA operating budget and recommendation to add $50,000 in legal expenses and cost associated with potential change in SE Houston Water Plant operation and/or manager. Motion by Steve Valerius to approve budget with noted changes, second by Kenneth Schlather motion was unanimous. 8. Agenda item 8, General Managers Report, Ron Bottoms had no other comments. 9. Board comments none 10. There being no further business, the meeting adjourned at 7:00 PM PASSED AND APPROVED MI THIS DAY REQUEST FOR CITY COL Agenda Date Requested: 9/12/11 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: City of Houston Summan of Plant Co -Owner Exhibits: Share of Expenses LPAWA, Cite of Pasadena Agreement Aug. 1, 2011 LPAWA Board Minutes INCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The La Porte Area Water Authority (LPAWA) was created by the Texas Legislature effective January 1982. The enabling legislation for the LPAWA stipulates that the authority must first secure the approval of the City of La Porte city council before entering into a contract. The enabling legislation also names the City Manager for the City of La Porte as the General Manager for the authority. During their August 1, 2011 meeting, the authority board of directors authorized the LPAWA General Manager to enter into a formal agreement with the City of Pasadena. The purpose of the agreement is to provide a mechanism by which the authority can reimburse the City of Pasadena for the authority's prorated share of costs incurred by Pasadena as they lead the efforts of the SE Houston Water Purification Plant co- owners to: 1) replace the City of Houston as plant operator, and 2) challenge alleged "true -up" amounts billed to the co- owners by the City of Houston. Issues with the City of Houston as plant manager and operator are best summarized by their data provided to the co- owners of the SE Houston plant: Budget Amt (1000 gal) "True Up" Amt (1000 gal) FY Submitted by COH for FY Claimed by COH in 2011 % Increase 2007 $ 0.5343 $ 0.6547 22.5% 2008 $ 0.5065 $ 0.6667 31.6% 2009 $ 0.4870 $ 0.6742 38.4% 2010 $ 0.4934 $ 0.5898 19.5% The approximate cost to each of the co- owners is shown on the attached spreadsheet. (The numbers have been slightly altered since.) The City of Houston is attempting to recover costs for 2009 and 2010 at this time and has invoiced the LPAWA $274,017.63 for 2009 and $138,898.58 for 2010. The audits provided by the City of Houston to justify their invoiced amounts do not meet standard accounting practices for an audit and neither of the true -up invoices were submitted within the timeframes provided in the plant manager and operator agreement. The plant co- owners other than the City of Houston are disputing the invoices received from Houston and are moving forward to revise the plant management and operation structures before sending out proposal requests for a new plant manager and operator to run the SE Houston plant. This will likely involve legal fees to dispute the invoiced amounts and a professional services contract with an engineering firm to draft the manager and operator procedures and scope of services. The LPAWA Board voted unanimously to authorize their General Manager to execute an agreement with the City of Pasadena and share in the legal fees and engineering costs not to exceed either a 10- percent prorated share or $50,000 to the LPAWA. (Attached meeting minutes, Item 6.) Clark Askins, Assistant City Attorney, reviewed the agreement for the LPAWA. Action Required by Council: Consider approval of the LPAWA board authorization for the General Manager to execute an agreement with the City of Pasadena subject to the stipulations that the cost to the LPAWA not exceed either a 10- percent prorated share or $50,000. Approved for City Council Agenda Ron Bottoms, City Manager date City of Houston Department of Public Works & Engineering Southeast Water Production Plant Total Due to COH vs. Contingency Balance Due to COH GULF COAST WATER AUTHORITY CLEAR LAKE CITY WATER AUTHORITY CLEARBROOK CITY MUNICIPAL UTILITY DISTRICT LAPORTE AREA WATER AUTHORITY HARRIS COUNTY MUD # 55 CITY OF SOUTH HOUSTON CITY OF WEBSTER CITY OF FRIENDSWOOD BAYBROOK MUNICIPAL UTILITY DISTRICT# 1 CITY OF PASADENA Total C: %chang pwe \fy11 \fs \plant audit \SEWPP true up analysis\ SEWPP True -Up Analysis revised 110412.xlsx 1TotaI Due FY07 I FY08 I FY09 I FY10 I Line Repair I Online Manual I I Contingency Bal $ 254,151 $ 389,935 $ 542,694 $ 263,599 $ 263,430 $ 264,442 $ 181,318 $ 516,901 $ 551,499 $ 742,019 $ 360,973 $ 120,447 $ 201,479 $ 465,881 $ 68,942 $ 85,200 $ 97,140 $ 56,196 $ - $ 20,987 $ 57,240 $ 185,816 $ 227,592 $ 273,951 $ 138,942 $ - $ 65,481 $ 181,785 $ 53,551 $ 63,200 $ 85,444 $ 38,990 $ 107,395 $ 29,068 $ 52,473 $ 60,314 $ 86,102 $ 89,831 $ 50,689 $ - $ 31,481 $ 63,071 $ 78,683 $ 97,860 $ 125,101 $ 60,816 $ 61,170 $ 34,000 $ 69,586 $ 169,167 $ 218,117 $ 296,635 $ 92,554 $ 181,932 $ 100,740 $ 161,723 $ 6,162 $ 6,566 $ 9,881 $ 3,963 $ 55,845 $ 15,111 $ 5,107 $ 764,326 $ 869,228 $ 1,084,767 $ 637,681 $ - $ 335,799 $ 640,350 $ 2,158,013 $ 2,595,299 $ 3,347,462 $ 1,704,403 $ 790,219 $ 1,098,587 $ 1,878,53i 4119/20118:10 PM Page 2 of 18 � AGREEMENT FOR DEFENSE AND /OR ASSERTION OF CLAIMS This "Agreement for Defense and /or Assertion of Claims" ( the "Agreement ") is made and entered into by and among the City of Pasadena, a body corporate and politic under the laws of the State of Texas, hereinafter called 'Pasadena" and the Co- Participants signing below relating to certain claims by the City of Houston against Pasadena and the Co- Participants and by Pasadena and the Co- Participants against the City of Houston "Houston" relating to certain actions by Houston as "Managing Participant" as defined in that certain "Cost Sharing Agreement Southeast Water Purification Plant (Restated and Amended)" dated on or about February 9, 2000 between the City of Houston and other parties, as amended by that certain "Amendment to Cost Sharing Agreement Southeast Water Purification Plant (Restated and Amended)" dated on or about August 21, 2007, by and among the same parties (collectively, the "Cost Sharing Agreement ") affecting Pasadena and the Co- Participants, hereinafter called the "Claims." Collectively, Pasadena and the Co- Participants are referred to herein as the "Participants." The Claims include rights asserted by the Participants that they do not owe certain alleged "true -up" amounts submitted, or to be submitted, by Houston to the Co- Participants for payments due for Fiscal Years 2007, 2008, 2009 and 2010 under the Cost Sharing Agreement and efforts by the Participants to replace Houston as the operator of the Southeast Water Purification Plant (the "Plant ") which is the subject of the Cost Sharing Agreement. RECITALS It is to the mutual benefit of Pasadena and Co- Participants to defend against claims being asserted by Houston against Pasadena and Co- Participants and to assert the claims against Houston. All costs attributable to the defense and /or assertion of the Claims, including expenses of attorneys, engineers, accountants, financial advisors and other professionals retained to represent the Co- Participants will sometimes be called the "Claims Expenses." The Parties agree to pay their proportionate share of the Claims Expenses based upon their respective percentages of the FY 2009 True Up amount as set forth in Exhibit A hereto, and subject to the limitations set forth in, this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS After execution of this Agreement, Pasadena may endeavor to cngage attorneys, financial advisors, accountants and engineers to defend and /or assert the Claims on behalf of the Participants. Pasadena will submit to the Co- Participants its recommendations of attorneys, financial advisors, accountants and engincers to represent the Participants in asserting the Claims, along with any proposed engagement agreements. If a majority of the Participants notify Pasadena in writing of their refusal to accept the recommended attorneys, financial advisors, accountants or engineers within ten (10) days thereafter, then Pasadena shall seek other attorneys, financial advisors, accountants and engineers as appropriate under the same time frames. If a majority of the Participants do not file such objections, Pasadena shall be authorized to retain the attorneys, financial advisors, accountants and engineers to represent the Participants in defending and /or asserting the Claims. EXHIBIT "1" Thereafter, Pasadena shall coordinate the attorneys, financial advisors, accountants and engineers in defending and /or asserting the Claims. Pasadena will; a. transmit to the Co- Participants copies of any invoices received from the attorneys, financial advisors, accountants and engineers after receipt along with a breakdown of how much of such invoice(s) each Participant owes; b. transmit reports received from attorneys, financial advisors, accountants and engineers to the Co- Participants after receipt copies of relevant documents provided by the attorneys, financial advisors, accountants and engineers in defending and /or asserting the Claims; and c. transmit to the Co-- Participants status reports of the defense and /or assertion of the Claims as received. Co- Participants will: a. transmit to Pasadena within thirty (30) days of receipt of copies of any invoices received from the attorneys, financial advisors, accountants and engineers along with the breakdown of how much each Participant owes, a check made payable to "City of Pasadena" in an amount equal to the Co- Participant's share of such invoices based on the percentages shown in Exhibit A; and b. otherwise cooperate with Pasadena, the other Co- Participants and the attorneys, financial advisors, accountants and engineers in defending and /or asserting the Claims. Payments by the Co- Participants to Pasadena hereunder shall not be used by Pasadena for any purpose other than paying Claims related Expenses. The Co- Participants hereby appoint Clear Lake City Water Authority, Gulf Coast Water Authority and City of Friendswood as an advisory committee to consult regularly with Pasadena to advise and assist Pasadena in performing its obligations hereunder. The make -up of the appointees maybe changed by the majority vote of the Co- Participants. Pasadena agrees to solicit such advice and assistance from such advisory committee. Either Pasadena or a Co- Participant may withdraw as a party to this Agreement for any reason by written notice to the other parties. After such withdrawal, Pasadena shall return to each withdrawing Co- Participant any funds which the Co- Participant has paid to Pasadena hereunder unless the same are needed to pay such Co- Participant's share of any Claims Expenses incurred prior to such withdrawal; provided, however, if a Co- Participant has not yet paid its obligations to Pasadena hereunder for such previously incurred Claims Expenses, Pasadena shall notify the Co- Participant of the amount of Claims Expenses incurred prior to such withdrawal, and the Co- Participant shall deliver its check to Pasadena in an amount equal to the co- Participant's share of such Claims Expenses incurred prior to withdrawal within thirty days after notice of same. The proportionate shares of each of the remaining Co- Participants shall be redivided without the withdrawn Co- Participant as demonstrated in the example included in Exhibit A. Pasadena and the remaining Co- Participants may continue with the defense and/or assertion of the Claims on behalf of such remaining parties. If the withdrawn Co- Participant is Pasadena, a new managing Participant shall be appointed by the advisory committee, and any withdrawn advisory committee member shall be replaced by the remaining advisory committee members. No party hereto shall make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other parties hereto. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed herein below or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: CITY City of Pasadena P.O. Box 672 Pasadena, Texas 77501 Attention: Director of Public Works This instrument contains the entire agrcement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, approved by the governing bodies and signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the parties hereto as follows, to -wit: CITY OF PASADENA City Secretary Mayor Exhibit 'A' Note: The attached examples are provided to identify the impact to Co- Participants when one or more of the entities choose to withdraw. The increase in cost can be calculated for individual Co- Participant as follows: New Percentage. = (1 /1- Withdrawal Rate) x (Original Percentage) Revised Cost = New Percentage x Total Contribution Example 'A' "GCWA" New Percentage: (1/1 -32) x .16 = 23.5: Revise Cost: 23.529% x 100.000 = $23,529.41 "CLCWA" New Percentage: (1/1 -.32) x .22 = 32.3- Revise Cost: 32.353% x 100.000 = $32,352.94 TOTALS Total Contribution 100% $100,000 32% 100% $100,000.00 $100,000 Original % Original Cost Withdrawal Rate New % Revised Cost Gulf Coast Water Authority (GCWA) 16% $16,000 23.53% $23,529.41 CLC Water Authority (CLCWA) 22% $22,000 32.35% $32,352.94 ClearbrookCity MUD 3% $3,000 4.41% $4,411.76 LaPorte Water Authority 8% $8,000 11.76% $11,764.71 Harris County MUD 55 3% $3,000 4.41% $4,411.76 South Houston 3% $3,000 4.41% $4,411.76 Webster 4% $4,000 5.88% $5,882.35 Friendswood 9% $9,000 1124% $13,235.29 Pasadena 32% $32,000 32% 0.00% $0.00 TOTALS Total Contribution 100% $100,000 32% 100% $100,000.00 $100,000 CITY OF PASADENA Johnny Isbell, Mayor Contact: Robin Green, Director of Public Works 1211 Southmore Ave. Pasadena, TX 775 02 713- 475 -7836 LA PORTE AREA WATER AUTHORITY" Ron Bottoms, General Manager Contact: David Mick, City of La Porte Director of Public Works 2963 North 23` Street La Porte, Texas 77571 (281)471-9650 ** Conditional Authorization: As voted by the LPAWA Board of Directors, approval of this agreement is subject to a total cost to the LPAWA not to exceed either a 10- percent prorated share or $50,000. Greater amounts must be presented to the LPAWA Board for their consideration. LA PORTE AREA WATER AUTHORITY MINUTES AUGUST 1, 2011 1. The meeting was called to order at 6:00 PM by President David Janda. Members Present: President David Janda, Vice President Kenneth Schlather, Secretary Steve Valerius, Members Dennis Steger, Randy Woodard (6:15) Members Absent: None Others Present: General Manager Ron Bottoms (6:07), Public Works Director David Mick, Asst. Public Works Director Don Pennell, Director of Finance Michael Dolby, City Controller Phyllis Rinehart, and Morgan's Point Asst. City Administrator Brian Schneider (6:02). The minutes from the meeting held February 2, 2011 were reviewed. Motion by Steve Valerius to approve minutes with corrections as noted, second by Dennis Steger motion was unanimous. 3. Consider approval of the Operator's Agreement between the City of La Porte and the La Porte Area Water. It was noted by David Mick that the current rate was based on the 2008 agreement with CPI -U calculations added for the next three years. Motion by Steve Valerius, second by Kenneth Schlather to approve Operator's agreement. Motion was unanimous. 4. Request was made by David Mick to skip Item number 4 on the agenda and return to it after review of items 5, 6, and 7 on the agenda. All members agreed. 5. Overview of items 5 and 6, City of Houston true up payment for 2009 and 2010 was presented by David Mick. After some discussion as to would it be better for the Water Authority to pay or not pay the request by the City of Houston and question as to if the "looser" would pay all of the legal fees if the outcome was decided in court, what court this dispute would be heard in, there was a request by Kenneth Schlather to explore the possibilities of the legal outcome. 6. David Mick presented agenda item 7, the Inter -local Agency Agreement as proposed by the City of Pasadena for reimbursement to the City of Pasadena for expenses related to the potential change in the SE Houston Water Plant Operator, Manager, and legal expenses related to true up charges with recommendation by the City of La Porte Asst. City Attorney. Approximate costs associated with Operations and management is $395,000 for an engineering firm to assist with new contracts for plant operator and manager. $10,000 for and independent audit. Other associated fees. La Porte Area Water Authority cost would be 8 percent of the total amount. Motion was made by Steve Valerius to approve the agreement with an addition of a maximum associated legal and engineering expenses not exceed either 10 percent prorated share or $50,000 and the LPAWA to be represented on the internal co- participant committee reviewing the true up cost, operational and management changes, second by Dennis Steger. Motion was unanimous. 7. General Manager Ron Bottoms and Michael Dolby presented highlights of agenda item 4 the proposed 2011 -2012 LPAWA operating budget and recommendation to add $50,000 in legal expenses and cost associated with potential change in SE Houston Water Plant operation and/or manager. Motion by Steve Valerius to approve budget with noted changes, second by Kenneth Schlather motion was unanimous. 8. Agenda item 8, General Managers Report, Ron Bottoms had no other comments. 9. Board comments none 10. There being no further business, the meeting adjourned at 7:00 PM PASSED AND APPROVED MI THIS DAY REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Donald Ladd Department: V re Report: Resolution: Ordinance Exhibits: Exhibits: Exhibits Budget Source of Funds: GEN 601 Fund 15 Account Number: 015- 9892 - 601 -1100 Amount Budgeted: 54,750,000.00 Amount Requested: S84 nn Budgeted Item: YES SUMMARY & RECOMMENDATION At the February 14 City Council meeting authorization was afforded to the City Manager to enter into contract with Ray and Hollington Architects. At that time the contract included activities up to and through the Construction Documents Phase when the project is bid ready. The Design Phase of the project was budgeted at $250,000 and there is approximately $60,750 remaining from this contract. The project is on schedule to be advertised for bid September 2011 and begin construction November 2011. Although the Architect's Design Phase Services is complete, Fire Department and Planning Staff recommend continuing with Ray & Hollington Architects (R &H) to provide construction management for the bidding, negotiation, construction, and operational phase services as described in the current contract dated February 21, 2011 in the amount of $78,750 (7 '/2 % of the estimated design cost) plus an additional $6,000 to fund reimbursable expenditures in reproduction of contract documents and vehicle mileage. During construction the architect shall be required to make weekly site visits. The total requested for construction manager services is $84,750 to be funded with the $60,750 in savings from the Design Phase and an additional $24,000 from the construction account. Action Required by Council: Consider authorizing the City Manger to implement the Bidding & Negotiation, the Construction, and the Operational Phases of the previously executed agreement with Ray & Hollington Architects for design of the New Fire Station No. 1 & Fire Administration Building in the amount of $78,750 and authorize the City Manager to increase the professional services reimbursable account by $6,000. Approved for City Council Agenda Ron Bottoms, City Manager Date Council Agenda Item September 12, 2011 7. AUTHORIZATIONS (a) Consider approval or other action appointing and /or reappointing members to various boards, commissions and committees — P. Fogarty (b) Consider approval or other action authorizing the City Manager to execute a contract with Klotz Associates, Inc., for the Preliminary Engineering Design of Battleground Estates and with Civil Tech Engineering for the Preliminary Engineering Design of Shady River — J. Garza ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 12, 2011 Requested By: Patrice Fogarty Department: City S Report X Resolution: Ordinance Exhibit: Letter from City Manager Exhibits: Roster and applications are at your place on the dais due to personal information on the applications. Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YE NO SUMMARY & RECOMMENDATION The La Porte City Council is authorized to make appointments to City boards, commissions, and committees. On the consent agenda, Council considered passage of an ordinance repealing Ordinance 3366, which is the most recent ordinance appointing members to boards. If this repealing ordinance passed, Council needs to consider reappointing members whose terms have not expired AND appointing members to expiring terms or vacancies. Regarding the Airport Advisory Board — consider reappointing Debra Rihn- Harvev to Position 1, with a term expiring August 31, 2013; Nick Hooke to Position 2, with a term expiring August 31, 2013; Hector Villarreal to Position 3, with a term expiring August 31, 2012; Tucker Grant to Position 4, with a term expiring August 31, 2012; and David Mick to Position 5, with a term expiring August 31, 2013, or until successors have been appointed and qualified. These are three -Near terms. Regarding the Animal Shelter Advisory Committee — consider reappointing, without term, until successors have been appointed and qualified, Veterinarian — Donna Medford, DVM; Rabies Control Authority — Ken Adcox Animal Control Officer — Clarence Anderson; Animal Welfare Rep — Dana Dicker; and Councilmember At Large -A — John Zemanek. Regarding the Bay Area Houston Convention and Visitors Bureau — consider reappointing, without team, until successors have been appointed and qualified, Members Stacey Osborne and Mike Mosteit. Regarding the Bay Area Houston Economic Development Representatives — consider reappointing, without term, until successors have been appointed and qualified, City Representative 1 — Stacey Osborne; and Hospitality Industiv Professional — Joe Bertuglia. Regarding the La Porte Reinvestment Zone Number One — consider reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 8, for the remainder of their r o -Near term expiring August 31, 2012, or until successors have been appointed and qualified. City Council should also consider ratifying the appointment by the La Porte Independent School District of Llovd Graham to Position 7, no term. Additionally, consider reappointing to expiring terms Peggy Antone to Position 1; Alton Porter to Position 3; and Doug Martin to Position 5, a r o -Near term expiring August 31, 2013, or until successors have been appointed and qualified. Regarding the Building Codes Appeals Board — consider reappointing Tom Campbell to Position 1, with a term expiring August 31, 2013; Term* Bunch to Position 2, with a term expiring August 31, 2013; Paul Larson to Position 3 with a term expiring August 31, 2012; and Ron Holt to Position 4, with a term expiring August 31, 2012, or until successors have been appointed and qualified. These are three -Near terms. Additionally, consider reappointing to expiring terms Ken Schlather to Position 5; J. P. Jackson to Position 6; and Mark Follis to Position 7, for a three -Near term expiring August 31, 2014, or until successors have been appointed and qualified. Regarding the Chapter 172 Employee Retiree Insurance and Benefits Committee — consider reappointing Aaron Corrales as Retiree Participant, with a term expiring August 31, 2012, or until a successor has been appointed and qualified; Additionally, consider appointing without term, Matt Daeumer as Employee Participant; Michael Dolby as Finance Staff; Heather Weger as H.R. Staff; Clark Askins as Legal Staff; Martha Gillett as Alternate Pos. 1; and Julie Graham as Alternate Pos. 2, until Council shall provide for terms or until successors have been appointed and qualified. Additionally, consider making an appointment to vacant Citizen Position 1, for a two -Near term expiring August 31, 2013, or until a successor has been appointed and qualified. Additionally, consider reappointing to expiring term Steve Valerius to Citizen Position 2, for a two -Near term expiring August 31, 2013, or until a successor has been appointed and qualified. * * If one of the alternates is moved up to the vacant Citizen Position 1, then that alternate position becomes vacant. Should a vacancy occur in either Alternate position, Council may wish to consider appointing someone to fill the alternate vacancy, as well. "Council Council may also wish to consider adding terms to the alternate positions consistent with the terms for the citizen and retiree positions, which are two -Near terms. Regarding the Civil Service Commission — Council hereby ratifies and confirms the appointments by the City Manager of Civil Service Commission members for the remainder of their three -Near term, or until successors have been appointed and qualified, of Chairman Keith Trainer, with a term expiring August 31, 2012; Debra Gallington, with a term expiring August 31, 2013; and Les Bird with a term expiring August 31, 2014. Regarding the Drainage and Flooding Committee — consider reappointing, without term, until successors have been appointed and qualified, Chairman Mike Mosteit Vice Chairman Mike Clausen; Member Chuck Engelken; Member John Zemanek; and Alternate DaiN-I Leonard. Regarding the Fire Code Review Board — consider reappointing Jeff Brown to District 2; Woodrow Sebesta to District 3 Floyd Craft to District 4; Jim Bridge to District 5; Baran Moore to At Large -A; and LNTnn Green to Mayor's appointee, for the remainder of their three -Near term expiring August 31, 2012, or until successors have been appointed and qualified. Additionally, consider reappointing to expiring terms Jack Oliphant to District 1; Lester Clark to District 6; and Paul Vige to At Large -B, for a three -Near term expiring August 31, 2014, or until successors have been appointed and qualified. Regarding the Fire Fighters Pension Board of Trustees — consider reappointing Michael DolbN- as the City Council Representative, without term, until a successor has been appointed and qualified. Regarding the Fiscal Affairs Committee — consider reappointing, without term, until successors have been appointed and qualified, Chairman Chuck Engellcen; Committee Member DaiN-I Leonard; Committee Member Tommv Moser; Alternate Member 1 John Zemanek; and Alternate Member 2 Jav Martin. Regarding the Harris County Appraisal District Representative — consider reappointing Ed Heathcott for the remainder of his two -Near term expiring December 31, 2011, to the Harris County Appraisal District, or until a successor has been appointed and qualified. Regarding the Houston - Galveston Area Council (HGAQ Representatives — consider reappointing, without term, until successors have been appointed and qualified, Chuck Engelken as Representative; and Jav Martin as Alternate Representative. Regarding the La Porte Area Water Authority — consider reappointing David Janda to Position 4; and Ken Schlather to Position 5, for the remainder of their two -Near term expiring August 31, 2012, or until successors have been appointed and qualified. Additionally, consider reappointing to expiring terms Randv Woodard to Position 1; Dennis Steger to Position 2; and Steve Valerius to Position 3, for a two -Near term expiring August 31, 2013, or until successors have been appointed and qualified. Regarding the La Porte Develooment Corporation — consider reappointing Mike Clausen, John Zemanek, and Bob Pizzitola (Vice President) for the remainder of their two -Near term expiring August 31, 2012, or until successors have been appointed and qualified. Additionally, consider reappointing to expiring terms Chuck Engellcen, Nancy Ojeda, Richard Warren (President) and Randy Woodard, for a two -Near term expiring August 31, 2013, or until successors have been appointed and qualified. Regarding the La Porte Health Authority — consider reappointing Health Authority Abdul R. Moosa, M.D. and Alternate Robert D. Johnston, M.D., for a three -Near term expiring August 31, 2014, or until successors have been appointed and qualified; and Medical Advisor /EMS Oscar Boultinghouse — Contract. Regarding the La Porte Redevelopment Authority — consider reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 8, for the remainder of their two -Near term expiring August 31, 2012, or until successors have been appointed and qualified. Position 7 is Lloyd Graham for LPISD. Additionally, consider reappointing to expiring terms Peggy Antone to Position 1; Alton Porter to Position 3; Doug Martin to Position 5; and Lindsay Pfeiffer to Position 9, for a two -Near term expiring August 31, 2013, or until successors have been appointed and qualified. * *If these reappointments are made, Council should consider ratifying Mayor Rigby's appointment of Lindsay Pfeiffer as Chairman for a two -Near term, concurrent with his reappointment. Regarding the Planning and Zoning Commission — consider reappointing Chairman Hal Lawler, for a term expiring August 31, 2012; Richard Warren to District 2, for a term expiring August 31, 2012; Helen LaCour to District 3, for a term expiring August 31, 2012; Marl-, Follis to District 4, for a term expiring August 31, 2013; Lou Ann Martin to District 5, for a term expiring August 31, 2013; and Dann* Earp to At Large -A, for a term expiring August 31, 2013, or until successors have been appointed and qualified. These are three -year terms. Additionally, consider reappointing to expiring terms Doretta Finch to District 1; Les Bird to District 6; and Phillip Hoot to At Large -B, for a three -Near term expiring August 31, 2014, or until successors have been appointed and qualified. Regarding the Southeast Texas Housing Finance Corporation Board of Directors — reappoint Betty Moore, Director, to the remainder of her term expiring on August 31, 2012, or until a successor has been appointed and qualified. Regarding the Zoning Board of Adjustment — reappoint Lawrence McNeal to Alternate 1; and Sherman Moore to Alternate 2, for the remainder of their terms expiring August 31, 2012, or until successors have been appointed and qualified. These are two -Near terms. Additionally, consider reappointing to expiring terms Chester Pool to Position 1; T.J. Walker to Position 2; Rod Rothermel to Position 3; Charles Schoppe to Position 4; and George Maltsberger to Chairman and Position 5, for a rivo -Near term expiring August 31, 2013, or until successors have been appointed and qualified. Action Required by Council: Consider making appointments /reappointments to the various boards, commissions, and committees. Approved for City Council Agenda Ron Bottoms, City Manager Date September 12, 2011 Honorable Mayor and Council City of La Porte City Hall La Porte, Texas C ol x Port' Established 1892 I hereby re- appoint Les Bird as a member of the Civil Service Commission of the City of La Porte. The term of this position will expire on August 31, 2014. Mr. Bird will serve until the term ex s or until her successor has been duly appointed and qualified. You r , 1 Ron Bottoms City Manager RB /ml 604 W, Fairmont Pkwv, e La forte, `Texas 77571 - (281) 471 -5020 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Proposal for Engineering Services for Battleground Estates Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Battleground Estates Exhibit: Proposal for Engineering Services for Shade River Proposed Improvements Exhibit: Exhibit of Proposed Improvements for Shade River Appropriation Source of Funds GEN 957 Account Number: 050 -9892- 957 -1100 Amount Budgeted: S224,220.00 Amount Requested: S224,220.00 Budgeted Item: X YES NO SUMMARY On August 4, 2011 Staff presented to the Drainage Committee Proposals for Engineering Services as authorized by City Council on Mav 23, 2011, for Preliminaiv Engineering Design of Battleground Estates and Shady* River. The Drainage Committee authorized Staff to present these proposals to City Council for approval. Preliminaiv En ing eering Design of Battleground Estates: This report will evaluate and determine what improvements are needed to reduce the structural flooding within Battleground Estates. This work effort will be a two phase approach with the first phase evaluating the restricted culverts at North P Street and the F101 -00 -00 channel and the second phase evaluating the local drainage element within the Battleground Estates and the downstream channels. Staff will present the results of phase 1 and request authorization before proceeding with phase two. The scope of work includes all elements necessaiv for design including Geotechnical Investigation, Environmental Study* and Surveving. Preliminaiv Engineering Design for Shadv River (Taylor Bavou, HCFC Unit A- 104- 00 -00) This report will include updating the watershed hydrology to include new residential and commercial development in the upper Taylor bayou watershed, develop a hydraulic model for the channel from its study* limits to SH 146, determine the limits and size of the proposed channel improvements to hydraulically convey* the 100 year design storm within the channel banks and locate and hydraulically size a mitigation pond volume and control structure to mitigate impacts from the proposed channel improvements. This work will be phased by task to avoid unnecessaiv engineering design if the hydrologic analysis concludes that channel improvements are not needed. The scope of work does not include the necessaiv design elements including detailed survey* information, Geotechnical Investigation and Environmental Study* due to the nature of the scope. Project Benefits, Liabilities and Annual Operation Cost The City Wide Drainage Report identified F101 -00 -00 in Battleground Estates and Taylor Bayou in Shadv River as the potential cause of structural flooding. The preliminaiv engineering reports will evaluate the channels to determine what improvements are needed to reduce structural flooding in these areas. There are no annual operating costs associated with these projects at this time. Action Required by Council: Authorize the City Manager to execute a contract with Klotz Associates, Inc. for the Preliminaiv Engineering Design of Battleground Estates in the amount of $166,420.00 and with Civil Tech Engineering for the Preliminaiv Engineering Design of Shady River (Taylor Bayou, HCFCD Unit A- 104- 00 -00) in the amount of $57,800.00 for a total authorized amount of $224,220.00. Approved for City Council Agenda Ron Bottoms, City Manager Date klotz'� /'associates July 5, 2011 Mr. Julian Garza Jr., P.E. Planning Department Senior Engineer City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 1 150 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 houston.off ice @klotz,com Re: Scope of work and budget for Preliminary Engineering Report to address flooding in the Battleground Estates area Klotz Associates Project No. 0127 Dear Mr. Garza; Klotz Associates is pleased to submit this proposal to prepare a Preliminary Engineering Report to address the flooding in the Battleground Estates area. The City of La Porte Flooding and Drainage Committee along with city staff have determined that a Preliminary Engineering Report is needed for the Battleground Estates area to develop specific information and recommendations on structural flooding within the Battleground Estates area. Listed below is the scope of work associated with the preparation of the Preliminary Engineering Report. We have included a detail scope of work below to provide the City with information on the details and approach to preparing the Preliminary Engineering Report, Some of the listed task items do not take much time and effort and some of the listed task items will take more time and effort to complete. Understanding of the Project The Battleground Estates subdivision drainage is influenced by multiple channels and by roadside ditch drainage. Each of the channels and the roadside ditches could impact the drainage within the subdivision. The goal is to evaluate channel F101 -00 -00 and the roadside ditch drainage system within the Battleground Estates area and to determine if channel improvements, improvements to areas of restriction, addition of sheet flow relief systems, detention or other improvements are needed to help reduce the flooding of structures. Hydrologic and hydraulic (H &H) analysis of the channels would be needed to document the possible change and to document the benefits and impacts to the adjacent channels. The Battleground Estates subdivision includes over 220 homes, 250 lots and about 230 location where roadside ditches and culverts drain the subdivision. The existing roadside ditches and culverts vary in size and elevation. We propose to survey the location, size and flow line of each of the exiting culverts within the subdivision and some downstrearn so we can use that information to determine which culverts meet appropriate criteria in terms of pipe size, flow line and channel size. We will then use the results of that analysis to make kIotz 0 1 ,10 associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 2 of 7 recommendations and to develop cost for those recommendations. We understand that the City has approximately $900K of construction funds to improve the drainage in the Battleground Estates area. Klotz Associates will develop a Preliminary Engineering Report including supporting hydrologic and hydraulic calculations to submit to the City of La Porte and eventually to Harris County and Harris County Flood Control District (HCFCD) to reflect the alternatives evaluated and proposed improvements to the channels. The goal of this effort is to evaluate and determine what improvements are needed to reduce the structural flooding within the Battleground Estates area, It is planned that this work effort will be a two phase approach with the first phase evaluating the restricted culverts at North P Street and F101 -00 -00 and the second phase evaluating the local drainage elements within Battleground Estates and the downstream channels. Listed below are the details of the scope. Surveying is anticipated and is included in this scope of work. The results of the surveying will to allow us to extend the hydraulic model further upstream into the Battleground Estates area by picking up channel sizes, flow lines, culvert sizes, location and flow lines and some representative slab elevations. Soils evaluations are anticipated and are included with this scope of services. The soils evaluation will evaluate the soil conditions and to include the results of the soils evaluation into the recommended projects. Environmental investigation are anticipated and are included with this scope of services. The environmental evaluation will evaluate the local area and the results of the environmental investigation will be utilized in the development of the recommended projects. SCOPE OF SERVICES Task #1- Kick off weetin 1. Kickoff meeting with staff to discuss goals /objectives for the plan. Task #2 — Evaluation of restricted culverts at North P Street and F101 and issue letter U ort l . Conduct field measurements to get a generalized location, size of culvert and approximate depth of each of the culverts located at the intersection of North P Street and F l o I -00 -00 channel. 2. Have a meeting with Harris County to discuss the overall effort and to understand any improvements or plans that they may have that could impact the drainage in the Battleground Estates area specifically North P Street. kIotz,9associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 3 of 7 3. Prepare an approximate evaluation of this location using either the RAS software or normal depth analysis to evaluate the existing culverts and to determine the benefits and impacts of upsizing or replacing the culverts with larger.culverts. Prepare the evaluation for the 10, 50 and 100 -year flow conditions. 4. Prepare a letter report (including text, tables, construction cost estimate and a few exhibits) and submit the report to staff. Incorporate applicable comments received from staff to the letter report. Submit a final report to staff. 5. Present the results to the Flooding and Drainage Committee, Stop work until receiving written direction from the Ci to proceed with the folloNvin tasks. The purpose of the stop working task is based on the assumption that improving the restriction in the culverts at North P Street could provide significant improvements to the Battleground Estates area and that additional analysis or improvements are deemed not needed at this time. Task #3 - Data Collection and authorize sub - consultants to begin their work: 1. Conduct field reconnaissance. 2, Review available repetitive loss data from FEMA or others for us in the plan. 3. Run LIDAR for the City to develop one foot contour lines. 4. Identify potential ponding areas from a review of the LIDAR data and from a ponding evaluation. 5. Obtain and review the latest available hydrologic and hydraulic models, reports, plans and other helpful data from HCFCD, Harris County, City staff, or from others. 6. Identify problem areas on a map of the City that include: structural flooding, areas of restriction, areas of significant ponding and other areas where drainage problems occur or may occur due to future development potential. 7. Have a meeting with Harris County Flood Control District to discuss the overall effort and to understand any improvements or plans that they may have that could impact the drainage in the Battleground Estates area. 8. Identify a criteria or goal that will be used in determining what is an acceptable goal or solution to the identified problem areas. The criteria may indicate a need to maintain or reduce flows within the area or it may indicate a need to maintain or reduce water surface elevations within an area or the criteria may identify other controlling issues. 9. Use available LIDAR data for the area to develop contributing drainage area and current information on local issues. 10. Use our aerials or aerial information from the City. 11. Work with the City of La Porte staff to understand current development trends and their future plans for the area. 12. Identify areas that may creed updating or additional consideration from the hydrologic or hydraulic models. kIotz , P 4)associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 4 of 7 13. Identify new developments or other information that will need to be included or need to be added into the hydrologic and hydraulic models that have been built that were not included in the previous models. 14. Work with surveyor to collect survey data such as channel sizes, flow lines, culvert sizes and flow lines and possibly some slab elevations. 15. Engage the geotechnical firm to perform the soils investigation. 16. Engage the environmental firm to prepare the environmental investigation. 17. Identify flooding and drainage problem areas from the initial data collection. Task #4 -- Review data collected 1. Perform broad based review of the collected data. 2. Determine options and scenarios to develop a base strategy for the potential solutions in the Battleground Estates area after reviewing the available data that has been collected to date. We will not have the results of the surveying, soils investigation or environmental investigation at this time. 3. Present summary of options and scenarios to City staff for confirmation on base strategy. Task 45 -T Evaluate models or other data: 1. Evaluate the modeling effort using the available hydrologic and hydraulic models. 2. Determine areas that need updating using available LIDAR or other data. 3. Determine areas where additional hydrologic or hydraulic modeling is needed based on a review of thc•available models, comparison of any planned development changes and therefore a determination that additional modeling is needed. 4. Coordinate with City on data that is available that may help in the modeling. Task #6 - Hydrologic and )E>i draulie ModeliM 1. Incorporate surveying data and or LIDAR data into the H &H models and incorporate additional improvements identified during the data collection phase into the models, 2. Include other specific information from staff or others. 3. Convert useful data from the previous plan into HEC -HMS models. Perform hydrologic analysis for establishing design flows for the watershed for the 5, 10, 50 and 100 year event storm events. HEC -HMS hydrologic models will be used to perform the sizing for watershed. The rational method or site runoff curves may be used for site specific analysis, where appropriate. The analysis is to determine the design flow rates under existing conditions and future developed conditions. 4. Update the flows for the watersheds using the available hydrologic data and other input data from tasks described above. 5. Convert useful data from the previous plan into HEC -RAS models. Perform hydraulic analysis of Battleground Estates roadside ditches and roadside ditch driveway culverts using a back. -water spreadsheet program and open channel drainage using the HEC -RAS computer program or a normal depth spreadsheet. The analysis is to evaluate the kIotz ,'40associatos Mr. Julian Garza Jr., P.E. July 5, 2011 Page 5 of 7 conveyance capacity of the existing system and to determine the required additional capacity to reduce structural flooding for Battleground Estates. `)(`ask #7 -- Analyze Potential Alternatives: 1. For the identified problem areas along the drainage channels, study and analyze alternatives for drainage improvements, with an initial focus of channel improvements, driveway culvert replacement/improvements, downstream culvert replacements, detention, other structural improvements to portions of the watershed and any needed mitigation. 2. Determine the additional drainage right -of -way requirements for the improvements described in items above. A maintenance berm requirement around any planned channel improvements where required and on both side of channel improvements will be evaluated for determining needed right- of-way. Task #8 - Report Recommendations 1. Prepare construction cost estimates and implementation plan for the feasible alternatives. 2. Evaluate benefits and costs. 3. Provide recommendations for drainage improvements. d. Prepare a Preliminary Engineering Report that documents the items described above and includes supporting data as applicable. This report is intended to be used in conjunction with the previously prepared Master Drainage Plan. The report will include text, tables and exhibits along with some supporting data. A goal of this report will be to minimize channel construction or improvements and to develop a program that could be implemented by the City. The cost for the recommended improvements may exceed the available funds of $900K from the City. A phased approach may be recommended to the City to allow for some improvements to be considered for construction now and to provide some thoughts for implementation of future drainage improvements. 5. Present ten printed copies and a PDF version of the draft plan to staff and council for review and comments. 6. Incorporate applicable changes to the draft report and models from council and staff comments. 7. Submit ten printed copies and PDF version of the final report to the City for distribution, 8. Attend monthly meetings, perform project management and conduct quality control. This will include a workshop with Council. This scope does not include meetings where the final recommended plan is presented to Harris County nor to Harris County Flood Control District. ESTIMATED BUDGET A cost with a not to exceed amount of $166,120 is recommended for the above services which also includes engineering, surveying costs, soils investigation costs and environmental k I o t z 41,0 associates Mr. Julian Garza Jr., P.E. July 5, 2011 Page 6 of 7 investigation costs. We have obtained proposal from LJA Engineering to conduct the field surveying estimated at $15,500. We have obtained proposal from Terracon to conduct the soils investigation estimated at $5,490. We have obtained a proposal from Berg Oliver to prepare the environmental investigation estimated at $5,200. The proposals from each of the sub- contractors are attached to this scope of work. Two of the proposals from the sub - consultants include different options and we have included in this proposal the lowest of each of the sub proposals. If it is determined to select other options from the sub consultants then this scope of work and budget will need to be changed to reflect the selected services. It is anticipated that each of the sub - contractors will contract directly with Klotz Associates. The estimated budget includes ten printed (10) copies of the final report. If more copies are required, additional budget will be requested. The estimated budget amount includes sub consultant costs associated with the landscape consultant. items not included in the scope of work fee are: The estimated amount does not include following costs: 1. Preliminary 30% construction plans. 2. Detailed engineering. 3. Permit application preparation, negotiation, or submittal. 4. Submittals to EEMA. 5. Separate meeting or reports to present the recommendations to Harris County or to HCFCD. SCHEDULE The estimated time for completion of the tasks in the above scopes is approximately six months after receipt of the executed copy of this Agreement and after receipt of the work from the sub consultants including surveying, geotechnical and environmental. The estimated time for completion includes review time for City of La Porte's review, one draft review and one final review, We have based our scope of services and schedule assuming that the City of La Porte can provide us and our sub - consultants the right of entry to allow us to conduct our investigations. ADDITIONAL SERVICES Services requested and authorized by the City of La Porte which are not part of the above scope will be additional services. Work on additional services items will not begin until a written authorization and notice to proceed are signed and received. An additional scope and estimated budget will be presented accordingly prior to commencement of the additional services. kIotz(1140associates Mr. Julian Garza Jr., P.E. July S, gall Page 7 of 7 Please review this scope of work and budget and contact us when you are prepared to finalize the agreement. We appreciate this opportunity to submit our proposal and look forward to working with you. .Sincerely, Gary L. Struzick, P.E., CIiM Vice President July 5, 2011 Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Attn: Mr. Gary Struzick, P.E., CFM Phone. 281-589-7257 Email: Gary.Struzick @Klotz.com Re: Cost Estimate for Geotechnical Engineering Services Drainage Ditch Improvements Battleground Estates Subdivision La Porte, Texas Terracon Document No. P91110111 Dear Mr. Struzick: Terracon Consultants, Inc. ( Torracon) understands that we have been selected based on qualifications to provide Geotechnical Engineering Services for the above referenced project. This document outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the cost of our services. A. PROJECT INFORMATION Plans are to improve approximately 3,800 linear feet of drainage ditch along an existing Harris County Flood Control Easement within Battleground Estates Subdivision in La Porte, Texas. As part of the improvement program, the existing drainage ditch is planned to be widened. We understand the proposed drainage channel depth will be approximately 8 feet, with sideslopes no steeper than 4 horizontal to 1 vertical (4H:1V). We also understand that the drainage ditch will not be maintained by Harris County Flood Control District (HCFCD) or any other jurisdiction that has specific requirements for Geotechnical Engineering Services. Therefore, our Geotechnical Engineering Services will not be performed to meet the requirements of the HCFCD. In addition, roadside ditches are also planned to be reconstructed along Bois D'Arc Drive. We understand that the maximum depths of the proposed roadside ditches are planned to be 5 feet, with sideslopes no steoper than 3H.1 V. B. SCOPE OF SERVICES A brief summary of the services to be provided by Terracon is presented in the following paragraphs. Terracon Consultants, Inc, 551 Link Road, Suite F League City, Texas 77573 P [2811 557 2900 F [2811 557 2990 terracon,com Cost Estimate for Geotechnical Engineering Services rr Drainage Ditch Improvements — Battleground Estates n La Porte, Texas July 5, 2011 m Terracon Document No. P91110111 Page 2 Field Program, As requested, the field program is planned to consist of drilling three (3) test borings to depths of 15 feet below existing grade along the proposed drainage ditch Improvements, and one test boring to a depth of 10 feet below existing grade (top of paving) for the roadside ditches along Bois D'Arc Drive. The total drilling footage is planned to be 55 feet. Soil samples will generally be collected utilizing either open -tube samplers or Standard Penetration Test. Once the samples have been collected and classified in the field, they will be properly prepared and placed in appropriate sample containers for transport to our laboratory. We can locate the borings by measuring distances from existing streets and /or site features shown on the provided drawings, without the use of survey equipment. Boring depths will be measured from existing grade. The boring locations will be backfilled with soil cuttings and patched with asphaltic concrete (where needed). The drilling services for this project will be performed by a drilling subcontractor or Terracon's in- house drillers. We plan to use all - terrain vehicle (ATV) - mounted drilling equipment to access the boring locations. This scope of services assumes that the site can be accessed during normal business hours and does not include services associated with site clearing, location of on -site underground utilities, or the use of special equipment for unusually soft or wet surface conditions. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and estimated fees, if necessary. Terracon will notify DIG TESS, a free utility locating service, to help locate public utilities within the vicinity of the site. If underground utilities are known to exist within the site, Terracon should be notified so that we may review utility plans and help avoid the existing lines. Terracon cannot be responsible for damage to unmarked and/or unlocated utilities for which we are unaware or that are improperly located. Laboratory Testing. The sample classifications will be reviewed and a laboratory testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed. The testing program could Include, but may not be limited to, moisture contents, unit dry weights, Atterberg limits, compressive strength tests and grain -size analyses. Geotechnical Engineering Report. The project will be supervised by a professional Geotechnical Engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared which details the results of the testing performed and provide Boring Logs and a Boring Location Plan. The report will also provide Geotechnical Engineering recommendations which will address the following; Groundwater Control; * Excavation and sideslope considerations; and e Erosion protection considerations. Reliable a Rosponslve n Convenient m I11110vative Cost Estimate for Geotechnical Engineering Services Irerraican Drainage Ditch Improvements - Battleground Estates a La Porte, Texas July 5, 2011 m Terracon Document No. P91110111 Page 3 Schedule. We can initiate our field operations within three to five working days following authorization to proceed, if site access and weather conditions will permit. We anticipate completion of our services and submittal of our final report within about two weeks after completion of our field services. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for spocific project requirements directly after we have completed our field and laboratory programs. C. COMPENSATION For the scope of work consisting of drilling footage of 55 feet, laboratory testing, and a report as outlined in this document, we estimate the following total costs. The estimated costs are presented in detail on the attached details of cost estimate. Task Cost Estimate Field Services - - -- $2,603.00 Laboratory Testing $1,005.00 Engineering Analysis & Reporting $1,882.00 Total Estimated Cost $6,490A0 The cost of our services for requested effort will not exceed this estimate unless the scope of services is modified with the approval of the client. Additional consultation (such as attendance on project meetings, conference calls, engineering analyses, review of project documents, etc.) requested will be performed on a time - and - material basis. The fee to provide additional consultation services will be invoiced in accordance with the attached unit rates in concurrence with your approval. Any project and/or scope changes requiring additional or revised analyses will also incur additional charges. We will provide you an estimate of additional charges for authorization prior to executing the scope changes. D. AUTHORIZATION Environmental Considerations. In an effort to reduce the potential for cross - contamination of subsurface media and exposure of site workers to contaminants that might be present at the site, Terracon requests that prior to mobilization to the site, the Client inform Terracon of known or suspected environmental conditions at or adjacent to the site. If adverse environmental conditions aro present, additional expenses may be necessary to properly protect site workers and abandon borings that penetrate affected groundwater - bearing units. Reliablo 0 Rosponsive ® Convenient 0 Innovative Cost Estimate for Geotechnical Engineering Services rr Drainage Ditch Improvements -- Battleground Estates n La Porte, Texas July 5, 2011 P, Terracon Document loo. P91110111 Page 4 If Terracon is not informed of potentially adverse environmental conditions prior to performing the Geotechnical services, Terracon will not be responsible for cross - contamination of groundwater aquifers, soil contamination, or any modification to the environmental conditions to the site that may occur during our Geotechnical services. The Geotechnical Scope of Services described above is based on our assumption that the site does not pose environmental risks to the personnel conducting the Geotechnical exploration services. Agreement for Services. The work will be performed under a mutually agreed upon client's Agreement for Professional Services which will be signed once the budget estimate is accepted, and upon completion of review by our legal department. We will provide you with our comments, once our review is completed. We appreciate the opportunity to provide this document and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. (Terracon Registration No. F -3272) d Ather Mohiuddin, P.E. Geotechnical Services Manager 1 League City Todd E. Swoboda, P.E. Geotechnical Services Manager I Houston RollabJo n ReAsponsive a Convenient a Innovative Cost Estimate for Geotechnical Engineering Services rr Drainage Ditch Improvements — Battleground Estates a La Porte, Texas July 5, 2011 m Terracon Document No. P91110111 Page 5 Details of Cost Estimate Item ] Description Quantity Unit Rate Amount Field Services 1 ATV Drilling Rig Mobilization 1 — each — $417.00 $417.00 2 Soil Boring, 0 -15 ft - 55 feet $16.00 $880.00 3 ATV Drilling Surcharge 55 feet $6.00 $330.00 4 Standby 1 Travel 2 hrs $146.00 $292.00 5 field Technician, Staking & Logging 6 hrs $50.00 $300.00 6 Project Engineer, P.E. 4 hrs $96.00 $384.00 Sub -total for Field Exploration $2,603.00 Laborato Testin 1 Liquid and Mastic Limits 8 each $53.00 $424.00 2 Unconfined Compression 8 each $39.00 $312.00 3 Moisture Content 8 each $8.00 $64.00 4 Percent finer than the N o. 2 Sieve 5 each $41.00 $ 205.00 Sub -total for Laboratory Testing $1,005.00 Analysis & Reportin -. Engineerin - cl 1 Principal Engineer, P.E. 2 hrs $167.00 $334.00 2 Project Engineer, P.E. 15 hrs $96.00 $1,440.00 3 Support Personae! 3 hrs $36.00 $108.00 Sub -total for Engineering Reports $1,882.00 Total Not to Exceed Cost $5,490100 Reliable a Responsive w Convellient a innovative rs ... J. July 5, 2011 Klotz Associates 1160 Diary Ashford, Suite 500 Houston, Texas 77079 Attn: Mr. Gary Struzick, P.E., CFM Phone: 281-589-7257 Email: Gary.Struzick @Klotz.com Re: Cost Estimate for Geotechnical Engineering Services Drainage Ditch Improvements Battleground Estates Subdivision Ira Porte, Texas Terracon Document No, P91110112 Dear Mr. Struzick: Terracon Consultants, Inc. (Terracon) understands that we have been selected based on qualifications to provide Geotechnical Engineering Services for the above referenced project. This document outlines our understanding of the scope of services to be performed by Terracon for this project and provides an estimate of the cost of our services. A. PROJECT INFORMATION Plans are to improve approximately 3,800 linear feet of drainage ditch along an existing Harris County Flood Control Easement within Battleground Estates Subdivision in La Porte, Texas. As part of the improvement program, the existing drainage ditch is planned to be widened. We understand the proposed drainage channel depth will be approximately 8 feet, with sideslopes no steeper than 4 horizontal to 1 vertical (41-1:1V). We understand that the drainage ditch will be maintained by Harris County Flood Control District (HCFCD). Therefore, our Geotechnical Engineering Services will be performed based on HCFCD criteria. In addition, roadside ditches are also planned to be reconstructed along Bois D'Arc Drive. We understand that the maximum depths of the proposed roadside ditches are planned to be 5 feet, with sideslopes no steeper than 3H:1V. We understand the drainage ditch has pipeline crossings, and as requested we plan to utilize a Photo Ionization Detector (PID) to scan the soil samples collected during our field prograrn to determine the general level of volatile organic compound (VOC) vapors present within the subgrade to provide preliminary identification of potential VOC contamination. Where elevated levels of VOC's or some other form of contamination is detected, the client will be notified. Terracon Consultants, Inc, 551 Link Read, Suite F League City, Texas 77573 P [2811 557 2900 F [2811 557 2990 terracon.com Cost Estimate for Geotechnical Engineering Services Irerracon Drainage Ditch Improvements— Battleground Estates a La Porte, Texas July 5, 2011 n Terracon Document fro. P91110112 Page 2 B. SCOPE OF SERVICES A brief summary of the services to be provided by Terracon is presented in the following paragraphs. Field Program, The field program is planned to consist of drilling six (6) test borings to depths of 20 feet below existing grade along the proposed drainage ditch improvements, and two test borings to depths of 10 feet below existing grade (top of paving) for the roadside ditches along Bois D`Arc Drive. The total drilling footage is planned to be 140 feet. Soil samples will generally be collected utilizing either open -tube samplers or Standard Penetration Test, Once the samples have been collected and classified in the field, they will be properly prepared and placed in appropriate sample containers for transport to our laboratory. We can locate the borings by measuring distances from existing streets and /or site features shown on the provided drawings, without the use of survey equipment. Boring depths will be measured from existing grade. The boring locations will be backfilled with soil cuttings and patched with asphaltic concrete (where needed). The drilling services for this project will be performed by a drilling subcontractor or Terracon`s in- house drillers. We plan to use all- terrain vehicle (ATV)- mounted drilling equipment to access the boring locations. This scope of services assumes that the site can be accessed during normal business hours and does not include services associated with site clearing, location of on -site underground utilities, or the use of special equipment for unusually soft or wet surface conditions. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and estimated fees, if necessary. Terracon will notify DIG TESS, a free utility locating service, to help locate public utilities within the vicinity of the site. If underground utilities are known to exist within the site, Terracon should be notified so that we may review utility plans and help avoid the existing lines. Terracon cannot be responsible for damage to unmarked and/or unlocated utilities for which we are unaware orthat are improperly located. Laboratory Testin The sample classifications will be reviewed and a laboratory testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed, The testing program could include, but may not be limited to, moisture contents, unit dry weights, Atterberg limits, compressive strength tests and grain -size analyses. In addition, we plan to include crumb tests, pinhole dispersion tests, and consolidated undrained triaxial tests in accordance with HCPCD requirements. Reliable n Responsive Q Corivottieltt o Innovative Cost Estimate for Geotechnical Engineering Services rr Drainage Ditch Improvements — Battleground Estates m La Porte, Texas July 5, 2011 m Terracon Document No. P91110112 Page 3 Geotechnical Engineering Report. The project will be supervised by a professional Geotechnical Engineer licensed in the State of Texas. Based on the results of our evaluation, an engineering report will be prepared which details the results of the testing performed and provides Boring Logs and a Boring Location Plan. The report will also provide Geotechnical Engineering recommendations which will address the following: Groundwater Control; Excavation and sideslope considerations; and Erosion protection considerations. Slope stability analysis will be performed using short -term, long -term, and rapid drawdown conditions in accordance with HCFCD requirements. We request that the client provide all applicable cross - sections and any other data relevant to the slope stability analysis. Schedule. We can initiate our field operations within three to five working days following authorization to proceed, if site access and weather conditions will permit. We anticipate completion Of our services and submittal of our final report within about five weeks after completion of our field services. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements directly after we have completed our field and laboratory programs. C. COMPENSATION For the scope of worst consisting of drilling footage of 140 feet, laboratory testing, and a report as outlined in this document, we estimate the following total costs. The estimated costs are presented in detail on the attached details of cost estimate. Task Cost Estimate Field Services $5,453.00 Laboratory Testing $5,281.00 Engineering Analysis & Reporting $4,950.00 Total Estimated Cost $15,684.00 The cost of our services for requested effort will not exceed this estimate unless the scope of services is modified with the approval of the client. Additional consultation (such as attendance on project meetings, conference calls, engineering analyses, review of project documents, etc.) requested will be performed on a time - and - material basis. The fee to provide additional consultation services will be invoiced in accordance with the Roliahle-n Responsive n Convoniolit n 111110vativO Cost Estimate for Geotechnical Engineering Services r Drainage Ditch Improvements -- Battleground Estates u La Porte, Texas July 5, 2011 m Terracon Document No. P91110112 Page 4 attached unit rates in concurrence with your approval. Any project and/or scope changes requiring additional or revised analyses will also incur additional charges. We will provide you an estimate of additional charges for authorization prior to executing the scope changes. D. AUTHORIZATION Environmental Considerations. In an effort to reduce the potential for cross - contamination of subsurface media and exposure of site workers to contaminants that might be present at the site, Terracon requests that prior to mobilization to the site, the Client inform Terracon of known or suspected environmental conditions at or adjacent to the site. If adverse environmental conditions are present, additional expenses may be necessary to properly protect site workers and abandon borings that penetrate affected groundwater- bearing units. If Terracon is not informed of potentially adverse environmental conditions prior to performing the Geotechnical services, Terracon will not be responsible for cross - contamination of groundwater aquifers, soil contamination, or any modification to the environmental conditions to the site that may occur during our Geotechnical services. The Geotechnical Scope of Services described above is based on our assumption that the site does not pose environmental risks to the personnel conducting the Geotechnical exploration services. Acireement for Services. The work will be performed under a mutually agreed upon client's Agreement for Professional Services which will be signed once the budget estimate is accepted, and upon completion of review by our legal department. We will provide you with our comments, once our review is completed. We appreciate the opportunity to provide this document and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inn. {Terracon Registration No. F -3272} Ather Mohluddin, P.E. Geotechnical Services Manager I League City Todd E. Swoboda, RE, Geotechnical Services Manager I Houston Reliable n Responsive n Convenient n Innovativo Cost Estimate for Geotechnical Engineering Services rr Drainage Ditch improvements — Battleground Estates ei La Porte, Texas July 5, 2011 m Terracon Document No. P91110112 Page 5 Details of Cost Estimate Item - Description Quantity Unit Rate Amount W Field Services _ 1 2 3 ATV Drilling Rig Mobilization Soil Boring, 0 - 20 ft (continuous) ATV Drilling Surcharge 1 140 140 each feet feet $417.00 $18.00 $6.00 $417.00 $2,520.00 $840.00 4 Standby I Travel 2 hrs $146.00 $292.00 5 Field Technician, Staking & hogging 10 hrs $60.00 $500.00 6 Environmental Technician, Measuring PID's 10 hrs $50.00 $500.00 7 Project Engineer, A.E. 4 hrs 1 $96.00 $384.00 Sub -total for Field Exploration $5,453.00 Laborato Testin 1 Liquid and Plastic Limits 20 each $53.00 $1,060.00 2 Unconfined Compresslon 12 each $39.00 $468.00 3 Moisture Content 10 each $8.00 $80.00 4 Percent finer than the No. 200 Sieve 20 each $41.00 $820,00 5 Crumb Test 6 each $33.00 $198.00 6 Pinehole D Test 3 each $235.00 $705.00 ~ 7 Consolidated Undrained Triaxiai Test L3 each $650.00 $1,950.00 Sub -total for Laboratory Testing $5,289.00 En ineerin Anai sis & Reportin 1 Principal Engineer, P.E. 6 hrs $167.00 $1,002.00 2 Project Engineer, P.E. 40 hrs $96.00 $3,840.00 3 Support Personnel 3 hrs =$36.00 Sub -total for Engineering Reports $108.00 $4,950.00 Total Not to Exceed Cost $15,684.00 Reliable o Responsive n CcaHM11e11t m 11111CV80V@ BERG + OLIVER ASSOCIATES, INC. m M p Environmental Science, Engineering & Land Use Consultants 14701 St. Alaty's Lane, Suite 400, Houstwi Texas 77079 (281) 589 -0898 far: (281) 589 -0007 ON Houston 0 Dallas[ Fort Worth 0 WDBE /HUB 0 wavw.boMoliver.coEn MEMORANDUM TO: Gary Struzick PHONE NUMBER: (281) 589 -7257 FAX NUMBER: (2 81) 589 -7309 VIA EMAIL: Gary.StrUzick @klotz.conl FROM: Amy Brook NO. OF PAGES: 18 (incl. cover) DATE: July 5, 2011 SUBJECT: Environmental Services Proposal Dear Mr. Struzick, Attached is our proposal /agreement for environmental services for the site discussed with our firm. Please review the proposal /agreement and, if acceptable, execute the agreement and return to its by fax at (281) 589 -0007. We look forward to working with you and Klotz Associates on this project. Thank you for considering Berg* Oliver Associates, Inc. to assist you with your environmental planning. Sincerely, Amy Brook Senior Associate Berg* Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 4 01, N ON July 5, 2011 Mr. Gary Struzick, PE, CFM Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, TX 77079 BERG + OLIVER ASSOCIATES, INC. Enrlronntental Science, Engineering R Land Use Consultants 14701 St. 11avy s Lane, Suite 400, Houston, Texas 77079 (281) 589 -0898 fax: (281) 589 -0007 Houston 0 Dallas/ Fort Worth 0 WDBE/HUB 0 vnvu.beraoliver.com Via email.• Gatj >.S1rnzick @k1o1z.cona Re: Proposal for Environmental Services for approximately 4,000 lineal feet of Channel Improvements, located southwest of the Sens Road and State Highway 225 intersection, in Harris County, Texas BOA Project Number 8310espr Dear Mr. Struzick: The following proposal is provided to Klotz Associates on behalf of the City of La Porte for environmental services for approximately 4,000 lineal feet of channel improvements, located southwest of the Sens Road and State Highway (SH) 225 intersection, in Hargis County, Texas. Berg* Oliver Associates, Inc. (Berg+Oliver) will provide special attention to complete the work in a timely and professional manner. We will begin the assessment upon your acceptance and execution of this proposal. Berg* Oliver Associates, Inc. is proposing to provide the following services: Task I) Wetland Due Diligence Study, Task II) Archeological Records Review, Task III) Threatened and Endangered Species Survey, and Task IV) Limited In -Office Review. If the City of La Porte prefers, Berge Oliver can perform a full Phase I Enviromnental Site Assessment instead of a Limited In- Office Review. Attachment A describes all of these services. PROJECT SCHEDULE The scope of work involved in this environmental service proposal is anticipated to be complete within thirty (30) calendar days of the receipt of an executed proposal and boundary survey /plat, or other suitable boundary map by Berge Oliver. The project completion schedule is the goal of all parties; it does not, however, reflect unusual delays due to forces beyond the control of Berg6Oliver and/or modifications to the scope of work based upon actual findings or additional requests by Klotz Associates, its agents, or governmental agency. RIGHT Or ENTRY Unless otherwise stated, it is assumed that the client has the authority to enter the property for putposes of conducting environmental assessments and herein grants that authority to Berg e Oliver. Bcrg#Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 BASIC COMPENSATION AND METHOD OF PAYMENT The work described below includes standard tasks that are usually required to complete the scope of the project. If a specific task is not necessary, as determined by Berg ®Oliver in consultation with the client and/or regulatory agency, it may not be performed in order to reduce charges to the client. Berg o Oliver proposes to provide the environmental services described in Attachment A to Klotz Associates for the following lump sutra amounts: TASK I: WETLAND DUE DILIGENCE STUDY ............................ ............................... $2,150.00 TASK H: ARCHEOLOGICAL RECORDS REVIEW .................. ............................... $1,350.00* TASK III: THREATENED & ENDANGERED SPECIES SURVEY . ............................... $450.00 ** TASK IV: LIMITED IN- OFFICE SITE REVIEW ......................... ............................... $1,250.00 if the City of La Porte prefers, Berge Oliver can perform a full Phase I Environmental Site Assessment instead of a Limited In -Office Site Review for the following lump sum amount: TASK IV: PHASE I ENVIRONMENTAL SITE ASSESSMENT .............. ................... $2,350.00 *** GRAND TOTAL WITH LIMITED IN- OFFICE SITE REVIEW $5,200.00 GRAND TOTAL WITH PHASE I SITE ASSESSMENT $6,300.00 * The USr10E and/or THC may require an Archeological Pedestrian Sun (detailed sut as a result of the f ndings of tite Records Revieiv, If required, Betg401iver trill seek competitive bids and prepare an additional proposal to complete the Pedestrian Szavey. ** If site reconnaissance is deemed necessary to cotifirm the absence or presence of threatened and endangered species, an additional $1,100,00 trill he charged * ** If there are strzictures on the property that must be entered, there will be an additional change of $125.00 per structure, ff'there are oil /gas ivells on the property, there still be an additional research fee of $125.00 per well. This task includes 22 hours of Project 11anagement/1lapping time. Evimordinazy circumstances, such as regulatory agency reviews based upon recent policy changes, may require additional tasks or firthei detailed analysis not covered in the present scope of work. If this task r quh-es wore than a total of 22 hours of project management tune, the extra hours ivill be billed hour1j as additional sera ices, based on the attached rate schedule, but frill not exceed 10% (5235.00) without ivrittem approval fi•omt the client. This cost estimate is valid for a period of six (6) months beyond the date shown below. After six (6) months, cost estimates may change due to fluctuations in fuel, subcontractors, and other sources required to complete the project. Berg#Oliver will begin the work described herein upon the execution of this proposal by the client. Invoices for each lump sum amount will be invoiced upon completion of the task or upon 50 %, 75 %, and 100% Berg* Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 completion if the project takes longer than thirty (30) days to complete. Invoices for all hourly work will be submitted monthly and will be based upon the attached Rate Schedule in Attachment B. Payment of all invoices is expected within fifteen (15) days of the client's receipt of payment from its client. If invoice is not paid in frill in fifteen (15) days, interest will accrue at 1.5% per month (18% per annum). CONFIDENTIALITY OF ASSESSMENT Tile assessment and all related work and services of Berg +Oliver Associates, Inc. are confidential. Berg +Oliver Associates, Inc. is hereby employed by Klotz Associates pursuant to this contract. Under such contract relationship, all correspondence, written or oral, which relates to the findings of this study are, to the extent permitted by law, strictly confidential between the parties hereto, unless Berg ♦ Oliver Associates, Inc. receives a written request from the client to offer the results of this study to a third party not a part of this agreement/proposal. Environmental assessments may occasionally uncover extremely sensitive findings. It is the responsibility of Berg +Oliver Associates, Inc. to report these findings to the authorizing client and to no other party. Berg +Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 PROPOSAL ACCEPTANCE AND EXECUTION Acceptance of this proposal, including the "General Conditions for Services" found in Attaclunent C, will be indicated by the signatures below and will serve as authorization to proceed with the work proposed herein. The signatory below also represents that the client has, or has secured, the authority to grant permission for Berg ♦ Oliver Associates, Inc. personnel to enter the subject property as necessary to conduct these assessments and that such permission is granted to Berg ®Oliver Associates, Inc. by the execution of this agreement/proposal. If the client is a Corporation or a Partnership, then the signature below will also represent the personal guarantee of the individual signing on behalf of the Client. IN WITNESS THEREOF, Klotz Associates and Berg®Oliver Associates, Inc. have accepted and executed this proposal for environmental services on this the day of . 2011. PLEASE CHECK THE SERVICES TO BE PERFORMED: Wetland Due Diligence Study @ $2,150.00 Archeological Records Review @ $1,350.00 Threatened & Endangered Species Assessment rr $450.00 Limited I►t -Office Review @ $1,250.00 Phase I Environmental Site Assessment @ $2,350.00 KLOTZ ASSOCIATES Authorized Signature BERG ♦OLIVER ASSOCIATES, INC. Amy Brook Senior Associate Berg* Oliver Associates, lne. BOA Project Number 831 Oespr July 5, 2011 ATTACHMENT A TASK I WETLAND DUE DILIGENCE STUDY The goal of the Wetland Due Diligence Study is to provide a cost - effective evaluation of the project site for wetlands that may influence the design and/or construction of a project. The Wetland Due Diligence Study is NOT a wetland delineation conducted according the Cops of Engineers Wetland Delineation Manual — Technical Report Y - 87 -1 , but it is based on the criteria used by the U.S. Army Corps of Engineers (USAGE) to determine Jurisdictionality under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The Due Diligence Study should not be used as a baseline for actual engineering or design, but it can prove to be valuable for evaluating the feasibility of a project. If potential wetland areas are discovered during site reconnaissance, their approximate areas and locations will be estimated and located on a site drawing. Based upon our findings, delineation of wetland areas may be recommended to determine the actual acreage of jurisdictional wetlands. If no wetland areas are found that would be considered jurisdictional, Berg +Oliver Associates, Inc. will provide a letter indicating such findings. In order for work to begin, the client must provide a plat, map, or survey of the property sufficient for Berg +Oliver Associates, Inc. to determine, while in the field, the boundary edges of the study site. SCOPE OF WORK The tasks we are proposing to provide in the Wetland Due Diligence Study are as follows: 1. Perform in- office evaluation of the property from infrared aerial photography and other available information to identify potential wetlands. 2. Conduct a field reconnaissance, which will include walking the entire perimeter of the project area to confirm the findings of the in- office evaluation. 3. Document field notes and general observations of the site, and estimate approximate sizes and locations of any wetland areas and/or hydrological connections to a Water of the U.S. and/or 100 -year FEMA floodplain. 4. Classify any identified wetlands as "isolated," "potentially isolated," "adjacent," or "potentially adjacent." 5. Prepare a letter report of findings, including a map rendering of the site, with the above information. G. Make recommendations as appropriate. 7. Upon client request, submit findings to the U.S. Army Corps of Engineers (USACE) in order to obtain an official Jurisdictional Determination. The USACE determination may indicate the necessity of obtaining a permit. If a permit is required for site activities, a wetland delineation and a subsequent USACE verification will likely be required. (Response from the USACE may take up to 120 clays.) Berg# Oliver Associates, Ire. BOA Project Number 8310espr duly 5, 2011 TASK II ARCHEOLOGICAL RECORDS REVIEW SCOPE OF WORK The objective of the Historical, Cultural, and Archeological Records Review is to: 1) review related historical information, including the Texas Historical Commission's (THQ records; and 2) based on the review of TMC's records and property characteristics, determine if the subject tract possesses sufficient criteria to necessitate a detailed study that would evaluate the potential for sites of significant historical, cultural, or archeological public value on the subject property. The records review will be conducted by subcontract and reviewed by Berg *Oliver personnel. Findings and reconrtnendations will be provided to the client by Berg* Oliver. TASK III THREATENED AND ENDANGERED SPECIES ASSESSMENT SCOPE OF WORK The objective of the Threatened and Endangered Species Assessment is to evaluate the potential for the existence of critical or irreplaceable habitats, which are considered protected under the Endangered Species Act of 1973 and subsequent amendments and listings. The following selected tasks will be considered for the 4,000 lineal feet of channel improvements. 1: Review of Agenqy Agency Listing for Estimated Habitat Boundaries. The listings currently maintained by U.S. Fish and Wildlife will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area. 2: Consultation with Appropriate Agencies. Task I results may reveal the need for additional current information. If indicated, several private sources and agencies will be interviewed for information regarding specific species having potential for habitation of the subject site. 3: Site Reconnaissance and Biological Impact Assessment. The biological aspects of the potential habitat will be physically reviewed and documented to determine if the habitat is desirable or reproductively useful to the specific species. The site will be reviewed for biological indicators of presence. If marginal or suspicious habitats are encountered, a specialist on the specific study species will be consulted and included in the site impact assessment. 4: Preparation of Letter of Findings and Recommendations. Following the completion of all research and site reconnaissance, a letter of findings and recommendations will be completed and forwarded to the client. TASK IV LIMITED IN- OFFICE SITE REVIEW SCOPE OF WORK The objective of the Limited In- Office Review is to identify, to the extent feasible under the processes prescribed in ASTM E 1527 -2005, the potential for recognized environmental conditions; that is, the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, groundwater, or surface water of the property. Berge Oliver Associates, Ine. BOA Project Number 8310espr July 5, 2011 Berg*Oliver Associates, Inc, will obtain and review records that will help identify recognized environmental conditions in connection with the property. Some records will pertain to properties within ail additional approximate search distance in order to help assess the likelihood of potential problems from migrating substances. INVESTIGATIVE WORK A Limited In- Office Review includes two basic tasks that are each comprised of several components. The details of these tasks are set forth below, listing the standard components of each. The ASTM E 1527 -2005 standard prescribes a review of reasonably ascertainable information; that is, information that is publicly available, obtainable from its source within reasonable time and cost restraints, and practically reviewable. The availability of information will vary based on the location of a given site. Berg* Oliver will attempt to review as much of the following information as is reasonably ascertainable for this project. Task 1: Records Review Standard Environmental Record Sources Review documented environmental site listings from Federal and State regulatory agency database sources, including the following: Sources Minimum Search Distance I. Federal NPL Facilities /Sites Lists 1.0 Mile Radius 2. Federal NPL - Delisted Sites List 0.5 Mile Radius 3. Federal CERCLIS List 0.5 Mile Radius 4. Federal NFRAP List 0.5 Mile Radius 5. Federal RCRA Contracts List 1.0 Mile Radius 6. Federal RCRA TSD List 0.5 Mile Radius 7. Federal RCRA Generator List Adjoining 8. Federal Finds List 0.5 Mile Radius 9. Federal ERNS List Site Specific 10. State Priority List I Mile Radius 11. State IOP List 0.5 Mile Radius 12. State SWLF /CLI List 0.5 Mile Radius 13. State CLI List 0.5 Mile Radius 14. State LPST List 0.5 Mile Radius 15. State Registered LJST /AST List Adjoining 16. State PST List 0.5 Mile Radius 17. State TCEQ VCP List 0.5 Mile Radius 18. State Brownfield List 0.5 Mile Radius 19. Dry Cleaner List 0.5 Mile Radius 20. IHW List Adjoining 21. Local Hazmat Spills Site Specific Documented regulatory agency sites located within the ASTM prescribed minimum search distance will be identified and plotted on a composite site map. 13erg* Oliver Associates, Iuc. BOA Project Number 831Oespr July 5, 2011 Task 2: Historical Aerial Photographs Historical Use Information Aerials will be obtained from aerial photography firms having inventory of the subject area. The photographs will be reviewed to evaluate previous land use characteristics for the property and adjacent parcels. The photographs will also be checked for possible oil and gas exploration activities, surficial anomalies associated with waste ponds or dumps, previous commercial and/or industrial activities, and possible wetlands. OR PHASE I ENVIRONMENTAL SITE ASSESSMENT The Phase I I?ilvironmental Site Assessment (Phase I) will be performed in accordance with ASTM standard practice E 1527 -2005, Environmental Site Assessments: Phase I Environmental Site Assessments. This practice is intended to permit you to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or custornaty practice" as defined in 42 USC'9601 §(35)(B). SITE LOCATION The site location is reported to be 4,000 lineal feet of channel improvements, located southwest of the Sens Road and SH 225 intersection, in Harris County, Texas. The Client will need to furnish Berg+Oliver with the following items in order to begin the phase I ESA process: • A survey inap of the site; r Metes and bounds or legal description; and • Contact name of the current owner or owner's representative to complete ail owner /occupant inquiry. These items should show or describe the exact location of the subject property to be assessed. The objective of the Phase I is to identify, to the extent feasible under the processes prescribed in ASTM E 1527 -2005, the potential for recognized environmental conditions; that is, the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into the ground, groundwater, or surface water of the property. The Phase I will have four components, described as follows: 1. Records Review: Obtain and review records that will help identify recognized environmental conditions in connection with the property. Some records will pertain to properties within an additional approximate search distance in order to help assess the likelihood of potential problems from migrating substances. 2. Site Reconnaissance: Visually and physically inspect the property and adjoining properties, to the extent not obstructed by bodies of water, adjacent buildings, or other obstacles, for evidence of hazardous substances or petroleum products. Berg ♦ Oliver Associates, Inc. BOA Project Number 831 oespr July 5, 2011 3. Interviews: a) Interview owners and occupants, or their designated representatives, to obtain information regarding current and historical uses of the property that may be related to environmental conditions, b) Conduct inquiries of local agency (e.g. fire department, health department) officials or staff members that may have knowledge or records of environmental conditions or incidents related to the property or the surrounding area. Interviews may in the form of personal contact, telephone contact, or written correspondence. Evaluation and Report Preparation: The information gathered from the previous tasks will be evaluated, and the findings will be presented in a report that describes, at minimum, site and vicinity descriptions, current and past uses of the property and adjoining properties, information from records reviews, information from site reconnaissance and interviews, conclusions and opinions of impacts, if any, of recognized environmental conditions. The report will also describe the methodologies used, and will include appropriate documentation and exhibits of information used to conduct the assessment. Recommendations for further study, if any, will be provided in a separate document. INVESTIGATIVE WORK Phase I investigative work includes, but may not be limited to, four basic tasks which are each comprised of several components. The details of these tasks are set forth below, listing the standard components of each. The ASTM E 1527 -2005 standard prescribes a review of reasonabl3 ascertainable information; that is, information that is publicly available, obtainable from its source within reasonable time and cost restraints, and practically reviewable. The availability of information will vary based on the location of a given site. Berg#Oliver will attempt to review as much of the following information as is reasonably ascertainable for this project. Task 1. Records Review Standard Environmental Record Sources Review documented environmental site listings from Federal and State regulatory agency database sources, including the following: Sources Minimum Search Distance I . Federal NPL Facilities /Sites Lists 2. Federal NPL - Delisted Sites List 3. Federal CERCLIS List 4. Federal NFRAP List 5. Federal RCRA Contracts List 6. Federal RCRA TSD List 7. Federal RCRA Generator List 8. Federal Finds List 9. Federal ERNS List 10. State Priority List 11. State IOP List 12. State SWLF /CLI List 13. State CLI List 14. State LPST List 15. State Registered UST /AST List 1.0 Mile Radius 0.5 Mlle Radius 0.5 Mile Radius 0.5 Mile Radius 1.0 Mile Radius 0.5 Mile Radius Adjoining 0.5 Mile Radius Site Specific I Mile Radius 0.5 Mile Radius 0.5 Mile Radius 0.5 Mile Radius 0.5 Mile Radius Adjoining Berg 4Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 16. State PST List 0.5 Mile Radius 17. State TCEQ VCP List 0.5 Mile Radius 18, State Brownfield List 0.5 Mile Radius 19. Dry Cleaner List 0.5 Mile Radius 20. 111 List Adjoining 21. Local Haznmt Spills Site Specific Documented regulatory agency sites located within the ASTM prescribed mini►num search distance will be identified and plotted on a composite site map. Physical Setting Sources USGS Topographic Map(s) will be reviewed to determine site topography and surface drainage patterns of the site and the surrounding area. Current and past structures, roads, well installations, and other improvements will be evaluated, as well as other pertinent physical features such as streams or water bodies. Federal Emergency Management Agency floodplain map(s) will be evaluated to determine if the subject property lies within a known floodplain. The appropriate Soil Survey from the USDA Natural Resource Conservation Service will be reviewed to determine the site's soil conditions and general surface geology of the area. General descriptions will be made of the subsurface hydrogeology based on information from USGS Groundwater Maps or other sources. Historical Use Information Historical Aerial Photograplis will be obtained from aerial photography firms having inventory of the subject area. The photographs will be reviewed to evaluate previous land use characteristics for the property and adjacent parcels. The photographs will also be checked for possible oil and gas exploration activities, surficial anomalies associated with waste ponds or dumps, and previous commercial and/or industrial activities. A Chain of Title will be reviewed from the Hari-is County Clerk's records to identify site ownership from 1940 forward. The records will be reviewed to evaluate the potential for industrial or environmentally significant land use activities onsite, based on the identities of previous owners. This task will be subcontracted to a title search company. Local City Directories and Sanborn Fire Insurance Maps, if available, will be reviewed for listings of the types of past structures or business operations that may have existed on the property. In addition, Texas Railroad Commission Records will be reviewed to determine if oil and/or gas exploration or production has occurred on the site. This information will be obtained from a Regional Oil and Gas Survey Map prepared by Tobin Research, Inc. Task 2: Interviews and Agency Inquiries owner/occupant Inquir Inquiries will be made of person(s) who may have knowledge of current or historical conditions associated with the subject property. One or more of the following individuals may be contacted for an interview: 1) Current Owner, 2) Owuer's Representative, 3) Occupants or Tenants, 4) Adjacent Properh Owners /Occupants. Interviews may be conducted in person, by telephone, or by written correspondence in the form ofan Owner /Occupant Questionnaire. Berg* Oliver Associates, luc. BOA Project Number 8310esp► July 5, 2011 Local Agencies and/or Officials inquiries will be made of focal agencies or officials that may have records of environmental conditions or incidents related to the subject property or adjacent properties. Such agencies may include the Local Fire Department, Hazardous Materials Response, City /County Health Department, Local Pollution Control Agency, or others deemed appropriate for the property, its location, or specific conditions. Task 3: Additional Records Sources In the event that site - specific conditions or standard inforination sources indicate a potential environmental condition(s) associated with the property, other selective files or records may be reviewed for additional information regarding such conditions. This information will be obtained at the discretion of Berg4Oliver based on the findings of the investigation. Other typical sources include specific files from the Texas Railroad Commission, the Texas Commission on Environmental Quality, and the Environmental Protection Agency. Task 4: Site Reconnaissance General Site Setting Site reconnaissance will be conducted to physically and visually inspect the property for indications of enviromrental conditions. Observations will be made of the Current Site Usage, Adjacent Site Usage, Topography and Landscape, Structures, Roads, Improvements and, to the extent practicable, Potable Water Supply, Sewage Disposal System, and other Utility Installations. interior and Exterior Observations The property and any buildings or structures will be inspected for visual or physical evidence of hazardous substances or petroleum products. Exterior observations include, but are not limited to, pits, ponds, lagoons, stained soil or pavement, pools of liquid, strong odors, stressed vegetation, solid waste, waste water and associated discharge(s), above or below ground storage tanks, drums or containers, unidentified substances, wells, or septic systeins. If interior inspection is required, observations will include those listed above, if applicable, as well as heating /cooling sources and fuels, stains or corrosion, drains and suinps, storage or treatment areas, and Construction materials. Any listed, or non - listed, indicator of hazardous substances or petroleum products will be identified in the findings of the report. Berg#Oliver Associates, Inn. BOA Project Number 8310espr Jul) 5, 2011 ATTACHMENT B BERG * OLIVER ASSOCIATES, INC. Environmental Science, Engineering & Land Use Consultants 14701 St. lt1my s Lane, Smite 400, Houston, Texas 77079 (281) 589 -0898 fax: (281) 589 -0007 zAOHME Houston 0 Dallas/Fort Worth 0 WDBB/HUB 0 mm.bergotiver.com 2011 PERSONNEL RATE SCHEDULE Personnel Hourly Billing Rate Project Director /Principal $165.00 Senior Associate $140.00 Professional Engineer $140.00 Project Manager /Registered Environmental Nlanager $125.00 Professional Geologist $115.00 Health/Safety Officer /Chemist $115.00 Project Coordinator $110.00 Wetlands Biologist/Ecologist $105.00 soil Scientist/Geologist $105.00 Senior GIS Analyst $100.00 GIS Analyst $90.00 Field Teelmician $80.00 In -House Technician/Administrator $75.00 CADD Sr. Analyst $80.00 CADD Analyst $70.00 AdministrativeAVord Processing $65.00 Specialist Subcontractors Cost+ 15% Above rates include all normal expenses of BOA's business, including mailing charges, in -house photocopying, long distance telephone costs, in -house graphic systems, and local area travel, unless otherwise stated in the agreement. expenses, such as travel beyond fifty (50) miles, outside photocopying, delivery charges, photographic reproduction, and other outside services, are considered reimbursable by the client at rate of cost +15 1 /o. Any extraordinary reimbursable expenses, in excess of $250.00 must have authorization from the client. DOTE: Tlie rate schedule is for the current fiscal year, ,Npith an effective date of January 1. Hourly rates are adjusted annually as inflation dictates. Ifthis contract spans more than one fiscal year (ending December 31), hourly rates Wray be adjusted. Regardless of any rate adjustment, the "not to exceed" figures in a contract will not change. Berge Oliver Associates, Inc. BOA Project Number 9310espr July 5, 2011 ATTACHMENT C GENERAL CONDITIONS FOR SERVICES These General Conditions are a part of each agreement between Berg +Oliver Associates, Inc. and its client for the perfomiance of services. Berg +Oliver Associates, Inc. is identified as "BOA ". The party for %vhom the services am perforated is identified as "Client ", and the xvriltem agreement between the parties, including these General Conditions, is called "this Agreement" Article I: Services by BOA 1.1 Scope of services standard of care. BOA will perform the scope of services expressly described in this Agreement, after it is sighed by both parties. The services performed by BOA will be conducted in a manner consistent with the degree of care and skill ordinarily exercised by reputable companies performing the satnle or similar services in the same locale acting under similar circumstances and conditions. 1.2 Restoration. BOA will exercise reasonable care to minimize damage to the site. However, Client acknowledges that some damage may occur in the normal course of performing the services, even if due care is exercised, and agrees that BOA will not be liable for such damage and will be entitled to additional compensation if it is asked to perform restoration services not expressly included in the scope of services. 1.3 Reports and Investigations. If BOA's performance of the services includes assessment, identification, or testing services, the number of investigations and observations BOA makes, the number of samples it collects, or the number of tests it performs are necessarily limited by budgetary and time constraints, and observations and samples by their specific locational nature may not exactly represent similar samples or observations in the immediate vicinity. BOA does not guarantee that all violations, problems, or sources of possible environmental condition will be identified, that all contaminants or environmental condition will be detected/identified, or that requirements, standards, or conditions will not change over time. Any report issued by BOA will set foil], its findings and conclusions based on the limited information available from the observations, investigations, sampling, and/or testing conducted under this Agreement. In preparing its report, BOA may review and interpret information provided by Client, third parties, and regulatory agencies and will be entitled to rely on the accuracy of such information, including laboratory results, without performing an independent verification. BOA may include in its report a Statement of Limitations describing the limitations of its investigations and findings and indicating that the report is for Client's use only and will not be relied upon by any third party, except as expressly agreed in writing by BOA, and then only at such third party's own risk. 1.4 Documents. All reports and documents prepared and deliverable to Client pursuant to this Agreement will become Client's property upon full payment to BOA. BOA may retain file copies of such deliverables. All other reports, notes, calculations, data, drawings, estimates, specifications, and other documents and computerized materials prepared by BOA are instruments of BOA's services and will remain BOA's property. All deliverables provided to Client are for Client's use only for tine purposes disclosed to BOA, and Client will not transfer them to others or use them or permit them to be used for any extension of the services or any other project or purpose, without BOA's express written consent. 115 Services not included. Unless expressly included in the scope of services, BOA's services will not include the following: (a) the detection, removal, treatment, transportation, disposal, monitoring, or remediation of any contamination of soil or groundwater at the site by petroleum or petroleum products (collectively called "oil ") or hazardous, toxic, radioactive, or infectious substances, including any substances regulated tinder RCRA or any other federal, state, or local environmental laws, regulations, statutes, rules, standards, or ordinances (collectively called "Hazardous Materials "); (b) mechanical compaction of backfill; (c) dewatering before installation or filling tanks with liquid or ballast following installation; (d) pump -out or disposal of product, water, or other contents from existing tanks; (e) installation of anchor systems, foundations, shoring, or other support devices; (0 concrete, blacktop, water, sewer, electricity, or other outside services, (g) the removal of any soil or water; (it) installation of protective fencing or other structure; or (i) construction or monitoring. BOA will be entitled to additional compensation if it is asked to perform or provide such services listed above. BOA will not be responsible for damage to or imperfections in any concrete slabs it installs unless they are protected by Client from traffic for seven days. 1.6 Estimates. Any estimates of probable construction or implementation costs, financial evaluations, feasibility studies, or economic analyses prepared by BOA will represent its best judgment based on its experience and available information. However, Client recognizes that BOA has no control over costs of labor, materials, equipment, or services furnished by others or over market conditions or contractors' methods of determining prices. Accordingly, BOA does not guarantee that proposals, bids, or actual costs will not vary from opinions, evaluations, or studies submitted by BOA. Berg +Oliver Associates, Irte. BOA Project Number 8310espr July 5, 20 t t 1.7 Other Contractors. Except to the extent expressly agreed in writing, BOA will not have any duty or authority to direct, supervise, or oversee any contractors of Client or their work or to provide the means, methods, or sequence of their work or to stop their work, BOA's services and/or presence at a site will not relieve others of their responsibility to Client or to others. BOA will not be liable for the failure of Client's contractors or others to fulfill their responsibilities, and Client agrees to indemnify, hold harmless, and defend BOA against any claims arising out of such failures. 1.8 Litigation support. BOA will not be obligated to provide expert witness or other litigation support related to its services, unless expressly agreed in writing. In the event BOA is required to respond to a subpoena, government inquiry, or other legal process related to the services in connection with a proceeding to which it is not a party, Client will reimburse BOA for its costs and compensate BOA at its then standard rates for the time it incurs in gathering information and documents and attending depositions, hearings, and the like. 1.9 Warranty. If manufactured products are purchased by BOA and finnished to Client or incorporated into the work, BOA will assign to Client any warranties provided by the manufacturer, to the extent they are assignable, and Client's sole resource will be against the manufacturer. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Full risk of loss of materials and equipment furnished by BOA will pass to Client upon their delivery to Client's premises, and Client will be responsible for protecting them against theft and damage. However, until BOA is paid in full, it will retain title for security purposes only and flue right to repossess the materials and equipment. Article 2: Responsibilities of Client 2.1 Client requirements. Client, to the best of its ability, without cost to BOA, will: (a) Designate to BOA a person to act as Client's representative; (b) Provide or arrange for access and make all provisions for BOA to enter any site where services are to be performed; (c) Furnish BOA with all reasonably available information pertinent to the services; (d) Furnish BOA with a legal description of the site and all available surveys, site plans, and relevant information about site conditions, topography, boundaries, easements, zoning, land use restrictions, and right -of -ways, if available and as needed; (e) Furnish BOA with all approvals, permits, and consents required for performance of the services except for those BOA has expressly agreed in writing to obtain; (f) Notify BOA promptly of all known or suspected Hazardous Materials at the site, of any contamination of the site by Oil or Hazardous Material, and of any OTHER CONDITIONS REQUIRING SPECIAL CARE, and provide BOA with any available documents describing the quantity, nature, location, and extent of such materials, contamination, or conditions; (g) Comply with all laws and provide any notices required to be given to any government authorities in connection with the services, except for such notices BOA has expressly agreed in writing to give; (h) Before conuiiencement of any drilling or excavation at a site, furnish BOA with a complete description (to the best of their ability) of all underground objects and structures at the site, including, but not limited to, wells, tanks, and utilities; and indetimify, hold harmless, and defend BOA against claims arising out of damages to underground objects or structures not properly defined; (i) Provide BOA with information concerning prior owners of the site and any current or historical uses of or activities on the site by Client, prior owners, or others, as needed; (j) Furnish to BOA any known contingency plans related to the site; (k) Furnish to BOA any previous environmental audits and/or assessments related to the site. 2.2 Hazards. Client represents and warrants that it does not have any knowledge of Hazardous Materials or Oil, or unusually hazardous conditions at the site or of contamination of the site by Oil or Hazardous Materials except as expressly disclosed to BOA in writing. 2.3 Confidentiality. Client acknowledges that the technical and pricing information contained in this Agreement is confidential and proprietary to BOA and agrees not to disclose it or otherwise make it available to others without BOA's express written consent. 2.4 Health and safety. Client acknowledges that it is now and will at all times remain in control of the project site. Except as expressly provided herein, BOA will not be responsible for the adequacy of the health or safety prograrns or precautions related to Client's activities or operations, Client's other contractors, the work of any other Berg♦ Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 person or entity, or Client's site conditions. BOA will not be responsible for inspecting, observing, reporting, or correcting health or safety conditions or deficiencies of Client or others at Client's site. So as not to discourage BOA from voluntarily addressing health or safety issues while at Client's site, in the event BOA does address such issues by making observations, reports, suggestions, or otherwise, BOA will nevertheless have no liability or responsibility arising on account thereof. Client agrees to indemnify, hold harmless, and defend BOA to the fullest extent permitted by law against any and all claims arising out of such programs, activities, conditions, or deficiencies unless BOA is responsible for gross negligence with regard to its work. Article 3: Changes; Delays; 'Excused Performance 3.1 Changes. Unless this Agreement expressly provides otherwise, BOA's proposed compensation represents its best estimate of the costs, effort, and time it expects to expend in performing the services based on its reasonable assumption of the conditions and circumstances under which the services will be performed including, but not limited to, those stated in Section 3.2. As the services are performed, conditions may change or circumstances outside BOA's reasonable control (including changes of law or regulatory policy) may develop that would require BOA to expend additional costs, effort, or time to complete the services, in which case BOA will notify Client, and an equitable adjustment will be made to BOA's compensation. In the event conditions or circumstances require the services to be suspended or terminated, BOA will be compensated for services previously performed and for costs reasonably incurred in connection with the suspension or termination. 3.2 Assumptions. Unless specified in writing, BOA's compensation is based on the assumption that: (a) there is no impact spoil or excavation of natural resources on or adjacent to the site that has not been disclosed to BOA by the client; (b) there is no contamination of soil or groundwater at the site by Oil or Hazardous Materials that has not been disclosed to BOA by Client, (c) BOA will not encounter any underground structures, utilities, boulders, rock, water, running sand, or other unanticipated conditions in the course of drilling or excavation; (d) tank installations will not require dewatering by BOA; and (e) if BONS scope of services includes services related to petroleum facilities or storage tanks, groundwater will not cause tanks to float or require the use of Ballast. BOA will be compensated for any additional efforts expended or costs incurred in addressing such conditions. 3.3 Force majeure. BOA will not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of Client or its contractors, failure of Client or any government authority to timely review or to approve the services or to grant permits or approvals, or any other cause beyond BOA's reasonable control. In the event of such delay or failure, the time for performance will be extended by a period equal to the time lost plus a reasonable recovery period, and the compensation will be equitably adjusted to compensate for any additional costs BOA incurs due to any such delay. 3.4 Disputes. If any claim or dispute arises out of this Agreement or its performance, the parties agree to endeavor in good faith to resolve it equitably through negotiation or, if that fails, through nonbinding mediation under the rules of the American Arbitration Association, before having recourse to the courts. However, prior to or during negotiation or mediation, either party may initiate litigation that would otherwise become barred by a statute of limitation, and BOA may pursue any property liens or other rights it may have to obtain security for the payment of its invoice. Article 4: Compensation 4.1 Rates. Unless otherwise agreed in writing, BOA will be compensated for its services at its standard rates and will be reimbursed for costs and expenses (plus reasonable profit and overhead) incurred in its performance of the services. 4.2 Invoices, BOA may invoice Client on a monthly or other progress billing basis. Payment of all invoices is expected within fifteen (t5) days ofthe client's receipt of payment from its client. If invoice is not paid in fill in fifteen (15) days, interest will accrue at 1.5% per month (18% per annum). 4.3 Suspension, etc. BOA may suspend or terminate the services at any time if payment is not received when due and will be entitled to compensation for the services previously performed and for costs reasonably incurred in connection with the suspension or termination. 4.4 Collection. Client will reimburse BOA for BOA's costs and expenses (including reasonable attorneys' and witnesses' fees) incurred for collection under this Agreement. 4.5 Taxes, etc. Except to the extent expressly agreed in writing, BOA's fees do not include any taxes, excises, fees, duties, or other government charges related to the goods or services provided under this Agreement, and Client will pay such amounts or reimburse BOA for any amounts it pays. If Client claims that any goods or services are Berg* Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 subject to a tax exemption or direct payment pennit, it will provide BOA with a valid exemption or permit certificate and indemnify, defend, and hold BOA harmless from any taxes, costs, and penalties arising out ofthe use or acceptance of same. Article 5: Insurance and Allocation of Risk 5.1 Insurance. During the performance of the services, BOA will maintain the following insurance: `Yorkers' Compensation Statutory limits Employers' Liability $1,000,000 each accident Commercial General $1,000,000 per occurrence & aggregate Automobile Liability $1,000,000 per occurrence & aggregate Professional Liability $1,000,000 per claim & aggregate Insurance certificates will be furnished upon request. 5.2 Client indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Client agrees to indemnify, hold harmless, and defend BOA from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures, and suits, together with reasonable attorneys' and witness' fees and other cost and expenses of defense and settlement, which BOA may incur, become responsible for, or pay out as a result of death or bodily injury or threat thereof to any person, destruction, or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages ") to the extent arising in whole or in part out of Client's violation of law or breach of this Agreement or out of the negligence or willfull misconduct of Client, its other contractors, agents, suppliers, or employees. 5.3 BOA indemnification. For separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and subject to the limitations set forth in paragraph 5.4, BOA agrees to indemnify, hold harmless, and defend Client from and against any and all liabilities, demands, claims, fines, penalties, damages, forfeitures and suits, together with reasonable attorneys' and witness' fees and other costs and expenses of defense and settlement, which Client may incur, become responsible for or pay out as a result of death or bodily injury or threat thereof to any person, destruction or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state or federal laws, regulations or orders, or any damages claimed by third parties (collectively, "Damages ") to the extent arising in whole or in part out of BOA's violation of law or breach of this Agreement or out of the negligence or willful misconduct of BOA, its other contractors, agents, suppliers, or employees. 5.4 Limitation of liability. BOA's aggregate liability for any and all claims arising out of this Agreement or out of any goods or services furnished under this Agreement, whether based in contract, negligence, strict liability, agency, warranty, tort, trespass, or any other theory of liability, will be limited to $10,000 or the total connpensation received by BOA from Client under this Agreement, whichever is the lesser. In no event will BOA be liable for special, indirect, incidental, or consequential damages, including connnerciat loss, loss of use, or lost profits, however caused, even if BOA has been advised of the possibility of Stich damages. Any claim will be deemed waived unless made by Client in writing and received by BOA within one year after completion of the services with respect to which tine claim is made. 5.5 Employee injury. Client agrees not to impede or to bring an action against BOA based on any claim or personal injury or death occurring in the course or scope of the injured or deceased person's employment with BOA and related to the services performed under this Agreement. 5.6 Defense. Any defense of BOA required to be provided by Client under this Agreement will be with counsel selected by BOA and reasonably acceptable to Client. Article G: Hazardous Materials Provisions 6.1 Hazardous Materials. Except to the extent expressly agreed in writing, BOA'S services do not include directly or indirectly performing or arranging for the detection, monitoring, handling, storage, removal, transportation, disposal, or treatment of petroleum or petroleum products (collectively called "Oil ") or of any hazardous, toxic, radioactive, or infectious substances, including any substances regulated under RCRA or any other federal or state environmental laws (collectively called "Hazardous Materials "). The discovery or reasonable suspicion of Hazardous Materials or hazardous conditions at a site where BOA is to perform services or of contamination of the site by Oil or Hazardous Materials not previously disclosed to BOA in writing will entitle BOA to suspend its services immediately, subject to mutual agreement of terms and conditions applicable to any further services, or to terminate its services and to be paid for services previously performed. In no event will BOA be required or construed to take title, ownership, or Berg ♦ Oliver Associates, Inc. BOA Project Nu►nber 8310espr July 5, 2011 responsibility for such Oil or Hazardous Materials. 6.2 Manifests. In tine event that the scope of services includes the remediation of any Oil or Hazardous Materials, before BOA removes from a site any Oil or Hazardous Materials, Client will sign any required waste manifests in conformance with all DOT and other government regulations, listing Client as the generator of the waste. If someone other than Client is the generator of the waste, Client will arrange for such other person to sign such manifests. BOA will not directly or indirectly assume title to or own or be deemed to possess any materials handled or removed form any site, including Oil or Hazardous Materials. Nothing in this Agreement will be construed to make BOA a "generator" as defined in RCRA or any similar laws governing the treatment, storage, or disposal of waste. Except to file extent BOA's responsibilities expressly include identification of the waste, Client will provide waste material profiles, which accurately characterize the waste. If the services include transportation of Hazardous Materials or Oil, BOA may evaluate and recommend possible disposal sites for Clients use. However, under RCRA and CERCLA, the client, as generator, has ultimate responsibility for selection of the disposal site. Client acknowledges and agrees that it will evaluate and select the proper disposal site and be solely responsible therefore. 6.3 Hazardous Materials indemnification. Client acknowledges that BOA does not have any responsibility for preexisting Oil and Hazardous Materials at the site, any resultant contamination there from, or, except as expressly agreed in writing, for previous detection, monitoring, handling, storage, transportation, disposal, or treatment, that BOA's compensation is not commensurate with the unusually high risks associated with such materials, and that insurance is not reasonably available to protect against such risks. Therefore, for separate consideration of $10 and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in addition to the indemnification provided in Section 5.2, Client agrees to indemnify, hold harmless, and defend BOA against all damages arising out of or related to Oil or Hazardous Materials located at or removed from the site, including damages such as the cost of response or remediation arising out of application of common law or statues such as CERCLA or other "St ►perfu nd" laws imposing strict liability. Article 7: Miscellaneous Provisions 7.1 Confidential information. Although BOA generally will not disclose without Client's consent information provided by Client or developed by BOA in tine course of its services and designated by Client as confidential (bat not including information which is publicly available, is already in BOA's possession, or obtained form third parties), BOA will not be liable for disclosing such information if it in good faith believes such disclosure is required by law or is necessary to protect the safety, health, property, or welfare of human beings. BOA will advise Client (in advance, except in emergency) of any such disclosure. 7.2 Notices. Notices between the parties will be in writing and will be hand delivered or sent by certified mail or acknowledged telefax properly addressed to the appropriate party. 7.3 Assignment, etc. Neither the Client nor BOA will assign or transfer any rights or obligations under this Agreement, except that BOA may assign this Agreement to its affiliates and may use subcontractors in the performance of its services. Nothing contained in this Agreement will be construed to give any rights or benefits to anyone other that the Client and BOA, without the express written consent of both parties. Tine relationship between Client and BOA is that of independent contracting parties, and nothing in this agreement or the parties' conduct will be construed to create a relationship of agency, partnership, or joint venture. 7.4 Governing law and Headings. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. The headings in this Agreement are for convenience only and are not a part of tine agreement between the parties. 7.5 Entire agreement. This Agreement supersedes all prior agreements and, together with any work release document issued tinder this Agreement and signed by both parties, constitutes the entire agreement between the parties. Any amendments to this Agreement will be in writing and signed by both parties. In no event will the printed terms on any purchase order, work order, or other document provided by Client modify or amend this Agreement, even if it is signed by BOA, unless BOA signs a written statement expressly indicating that such terms supersede the terms of this Agreement. In the event of an inconsistency between these General Conditions and any other writings, which comprise this Agreement, ti ►e other writings will take precedence. 7.6 Survival. All obligations arising prior to this Agreement and all provisions of this Agreement allocating responsibility or liability between the parties will survive the completion of the services and the termination of this Agreement. Berg 0 Oliver Associates, Inc. BOA Project Number 8310espr July 5, 2011 LJA Engineering, Inc. 11821 East Freeway Phone 713.450.1340 Suite 400 Fax 713.450.1385 Houston, Taxes 77029 vmY.Uaenglneering.com July 5, 2011 Mr. Gary Struzick, PE, CFM Vice President Klotz Associates 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 Re: Engineering Services for Topographic Surveying for HCFCD Ditch 1=101 and Bois D Arc Drive Proposal 11 -0513 Dear Mr. Struzick: LJA Engineering, Inc. (LJA) is pleased to present this assignment letter for furnishing engineering services for a topographic survey along HCFCD F101 and Bois D Arc Drive. This scope of work will include the following: Establish horizontal and vertical control. Vertical control will be based on TSARP monuments. Cross - sections at 15 locations of the existing F101 drainage channel from top of bank to top of bank, at the intersection of F101 and forth P Street provide detail survey of existing culvert structure (approximately 6 culverts), provide topographic information on existing culverts along F101 (3 locations), and provide topographic information of exposed pipelines (1 location). Cross- sections at 5 locations along Bois D Arc Drive to include roadway and both existing roadside ditches up to their outer top of banks, provide topographic information on driveway culverts along Bois D Arc Drive (approximately 50 locations), and provide slab elevations of 20 existing structures along Bois D Are Drive (10 locations will be . provided by Klotz and 10 will be selected by the surveys). 0 Maintain photograph log of each structure and locations of the cross - sections surveyed. The fee for this effort will be a lump sum fee in the amount of $15,500 in accordance with the attached Professional Services Agreement. 'i w Mr. Gary Struzick, PE, CFM Klotz Associates July 5, 2011 Page 2 If this assignment letter meets with your approval, please execute both copies, returning one copy to our office and keeping the other for your records. Your signature below and on the attached Professional Services Agreement will be sufficient authorization to commence the stated work. LJA appreciates the opportunity to prepare this assignment letter for Klotz Associates. Should you have any questions, please contact me at 713.657.6030. Sincerely, Wallace E. Trochesset, P.E. Vice President Attachment ACCEPTED; By: TITLE: DATE; 11; 1Enginee €ing\Clients\ProposalsWotz Assoeiates\Topogropliio Survey for F101 RA5 Model 201107 05.doe UA Engineering, Inc. - 11821 East FreeviW Phone 713A50,130D Suite 40D Fax 713.450,1385 Houston, Toxas 77028 1v6-Av1}aeng1neering,cvro PROFESSIONAL SERVICES AGREEMENT This Agreement N by and beNeem tCbtzAssod2tes ( CLIENT) and LJA Engineering, he. (WA) who agreaasfotgAs: Client engage$ WA to perform tN services described in Part I J Servlcee) and LJA agrees to perform ft Services for the cto"nsallonset forth In Part III. LJA sihallbo authorized tocommenca the Services upon exerxrtron of this pgreerrent, Client and LJA agree that this Agreement and attachrrehts teferred to herela, constitute the entire Agreement batv,•een them relating to the Project ( 'Agreement'}. Project: EngiaWftg SeNiczs for Topographic SurvayIng far I UGO bitch F101 and Sea D Ara Drive Location: Harris County Job No. f Proposal No.: 11 -0515 LJA ENGINEERING, INC.'SRESPONSIBILITIES; WA$ halt performorftrrnishthasarvlcesdasCribed "arthIsAgreemeni. See AllachadProposalNo. ii -osis Dated July5,2011 CLIENT'S RESPONS1131LIT1ES; Clem, at fis expanse, slur do the follWAg in n timely mentor so as not to delay the SoMeas. 1. INFORMA710141REPORTS: Furnish LJA with all reports, studpos, ae charactertzallans, regulatory orders, And elmllar Infonnatlon In Its possession felatitg to the Pfo,'eeL Unless olherrvfse spadrled In Part 1, LJA may rely upon Client ftmgshed Information Wthoul Independent ve lticalloo In parforWhD the Services. 2. REPRESENTATIVE: Deslgnaleit representative W the Project whoshaT have the si rl rltytotrensmftInsWCllons ,to"IvoInformation,Interpret and derneCile <it'spol'cl.es, end make decisions vfdh respect to the UW.eea. 3. DECISIONS- P € all wiieria and fu111Mormatlonasl o Client requlremerds for the Project, ob!ain (with LJA' sass[ stance, Zeppricabla) ne,*ssaryapp :mals and pernits,allandPreeO - related moatngs, provide Interim reviews on an a2raed -upon schedule, mako dso'siots on Prefect allernatives, and ganefafry partWpnto to the Project to the axtenl necessary toelow UA to perform the Services, COMFrzNSATION, RILLING, ANP PAYE WNT: Client shelf pay LJA for SaMeas In accordance with tha folovring Dllling Schedule. SHWACES; HotntyRalesvA'lhAnEslrnatedFaoS _ T � _, T � Paranlaga of Ccnslruchon Cost $ X Lump Sum$ is.15W.00 _ Other (Specify) (F=r veers Howdy Rate &hedca is Allached as Altachment "A') 2, RWASURSABLEEXPENSES: Reproducl: anEe: epharre, ovt-0 ftownifaveloxpetl5es, endoflotnonlabCtehargosduecLyrelatact�otnspra�eiviilhahilledelcastnaddtlofrtathefeos 2greedupon for services rendered Vahlckoto rthansurvoyf Pr* cUepresenlativewlllbechargedatereloof44 .55.5per09. SurvoylProjo i repre5eNaUvevehldamileageu411bedwgsdetarate ofSQ.73pernl'r,e. CADDcherg asuillbs$25.00porhotrr. Filing faes, permit fees, and other specialrhargeswhkhareadtiarzedonbehal foflhe011 entvhllbebliredonaslmWbasisp $usaiO°Aserv'sce dune, 3. PAYMENTS: 131,1tAgs for tervites rendered Yjll be made monthly and payment Is requested Vthl-n fifteen (16) days ofreceipt of Inviolm Unless apocfalarferuements are made, a6nnnce charge of1. 6% per monthwilibe added tounpaid balances more then Wdy( 20) days old as well as any costs ofco :reetons. WAraserves the tight t osuspendwork should W &,es not bepeldwlgdnft to shed terms. The amount of any exclse, VAT, or gross racelpls fax Ihat may be Irrposed for pmfesslona# services shall be added Ic the compensation as datominad above, IV. STANDARD TERMS AND CONDITIONS: 1. STANDARD OF CARE. Sarvicessila'I be performed In eccordaaceWLhtfre standard of profes31onOpracllcaordrnarily exercised by the app5ica[ a professfanetthe time And wW-ritirs ImTi tyrhereftServkes are performad. Profesalonalsorvitasaranot subject to, and UACannelpi" do, any warranty orguarantea ,expressorlrpllod kraudhgvrarW %sofguaraolooscervs'nedh) any un farm ccmmerclal mde. Any suchwarranilss or guarantees conlelned in any purchase orders, roquis:tlors, ornoVeos to proceed Issued by ClIeN are spealsaliy objected to. 2, CHANGHOPSCOPE, The scope of SeWces Mt forth in this Agreement Is based onfacts known al the 1kno ofexecNponot th' sAgreamenl, fndue% Ifapp,'fcabe,iMoran0onsupplLdby Cited, Forsome Projects Involving conceplual orprocess development carvkes, scope may not be fully derumWa during ln!tiet phases, As the Project progresses, facts discovered may Indicate that scope must be redefined. 3, SAFETY. LJA has oelablished and maintains corporate prograiu and procedures for the safely of its employees. Urfom Wadficaily Inckrdad es a servioa to be provided uridw this Agreement, UA epecifeally disciaims any authority or responsibility for general job site safety and safsty of persons other than LJA empieyeos. 4. DELAYS. ifevanl sbeyond the m0rolorClientor LJA, ImWag. Witoll limiled to, tire, flood, explosion, dot, strika,viet, process shutdown, act of God or t opubllaonemy. and actor raga: al' onofanygav�nmenlagerncy, resuNfidafaytoanyschedusestab :istradtrilh[sAgreemanl suchsdtedulestealbeamandediolhe ?ay. Inthesvent suds delay exceeds 60 days, UA shall 1>9 Wilted to on equftable ad ustment in eamponsallm 61 TERMINATEONISUSPENSION. Ether party may terminate Ills Agreement upon 30 days wrglennoJcato the other party, Cleat" I pay LJA for all Servkes , Inducting prefltrelating therelo, rendered prior to termination, plus any exponsos of term.'natlan. In the eyenl etdterpady defaults 1R Itsobifgatlons ur:dsr this Agreement (1nc1 f'ng Clleni's obllgatlot to make the payrnonls required hereunder), lf:a nm- defeu,'Ung party may, after 7 days written notice slating Its rntantlon to suspend performance under fine Agreement If cure of such de *amt Is not commenead and d1rgertly continued, and failure of the dafauitlrgf party to commence cure wNhin such time limit end ditgenay continue, suspend pedormante under the Agreement 6, OPINIONS OF CONSTRUCTION COST. Any opinion of construction costa pfoparad by LJA Is supplied for rho genera[ gtydanoe of the Client only. Since UA has no control orar compoRive bidd ng or market condtions, UA cannot guarentoo the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS, I-JA shall serveesC, enter sprof essl oval 5ervkm, and may make recommendations [aWentomoernngsctlonsre €atligto Client's contra:tors, but WA spedflca!ly r4sdarms any aullrodlF io 0eotor supervise the means, mothods, lecWques, sequences, or pro 4dutes of eons.nrelkn selected by Orient's conlr3ctors. e, CONSTRUCTioNREV1EVJ. For Projaetslnv blvingeenstfucton, CllantscrnovRedges that undsr generally accepted prof asslartalptwice, ImerprelaJansofconstnrctlondocumentsInthe field are nofmaiy required, and that performance of construction - related sonrioas by the des!gn prole sslona€ for the project permits orrofs or omtss!ets to be IdeWod and cortee:ad at oompa -a"y Ibw cost, CIW agroos lohoid LJA harmless from any claims resulting from perfomtanco of conslruellon- related services by persons other Than UA. S. INSURANM LJA will malnlsfn Insurance coverage for PmfesstDnal, comprehensive. General, AWomoblle, Worker's Compensation, and Employet's Liability in arawols In aecordw"* aithiage ,nndLJA'sbusinesarWemertis. Cert' flcates evidencing suchooveragevelitbaprovldedto011ant upon request. For ProJoaainm loRClientagreestorequlta its wnstrrncnan oorkaotor, If any, to inaiude I.JA as an wiclilkxwl bnwrad on Its policles rdalingto the Prow. WN s oowragos roferenced above ahall, to such case, be,excosa overcentrador's pdmaryoovempa. 10. PROJECTS WITH MULTIPLE CLIENTS, V"n OA undertakes a Prolatt for MuNliNo Clients: It is Understood and agreed that e=h Client on this Pr*cl 191*11y sM severally liDbla for pnymealslaWAforLJA' awark under thls & and oplheProlecL if any Clanton the Pic)ed falls tomAo timely payrnef - A to LJA, and the rarnafNno Clients w ishiocmtilnus the protect, the ramarnhg Clients Wit promptly confirm to LJA la wrlling lheh wish for LJA to cenli hue the Proud end that they are obflgaling thsrnsaWss to LJA for the eddluorlal (defaulted) portion of the Project. LJA, 44 Itsopl tan, may suspend the ramoVigparf ormancoander this Agreement untlla +,l past due payments are made, and authorization to proceed agd pay from 0non-dafa CngCgenls Is recalved, or continua work on fina Project srtd Irrralse and wfleO f(omtha remaining Clfonls ony payment (k)ofeog damages) of amourds past due and that beoame duo. 19. HAZARDOUS MATERIAL%HaWdousmalodafsmayexi states} tavfwrorharetsnoroasontoheRevo they mid orshfiukibo present. LJAandCllantaffoothai the dlanovaryof unaRlldpatedttazardousma[ erielsconsllt�asachangodcarrtktionrnatidaHngarensgatisllono €thascopaa{vrork, LJAagreestonollfyCllantassvonasprac�callyposs €htasiwuklunanflcrpaled hazardous materials orsuspected hazardous materiels be encountered, Client acknowledges and agrees that it retains We to ell hazardous material exlslin2 on the site and shall report to the epproprielefederal, state or local pubNo sgandes, as raqu'red, any o r4flws at the sitothat nWprasent a potential danger to the publlohealh, safety" the envkonmarL Went shol execute arry manifests or farms In oonnectlon Vth transportation, storage" disposal of hazarclous materials reselling from the eke or work on the site or shall augtariie LJA to execute such duaumenla as Clleni's agent Clrentwaivas any clatm against LJA and agrees to defend, indemnify, and hold LJA haanrknssfrom any dafmor ilabitity for injury or loss arising from WA'a dscovaryof unsrAcfpaled hazardous materials or suspooted hazardous materials. 12. INDE MNiTY. To the fullest extent permitted by law, WA shall indemnify and hold harmless Client from and against loss, liability, and damages sustained by Client, Its agents, employees, and representatives by reason of injury or death to persons or damage to tangible property to the extent caused directly by the tektite to adhere to the standard of care described in Part N Paragraph 1 above of WA, its agents or employees, . To the fullest extent permitted by law, Client shall defend, Indemn and hold harmless WAfrom and against loss, liability, and damages sustained by LJA, its agents, employees, and representatives by reason of claims for Injuryor death to persons, damag es to tangible property, to the extentcaused directly byeny of the following: (a) any substance, £ondhion, element, or material or any combination of the foregoing (1) produced, emitted orreleased from the Project or tested by LJA under this Agreement, or (b) operation or management of the Project. Client also agrees to require its construction contractor, If any, to include LJA is an indemnitee under any Indemnification obligation to Client. 13. LIMITATIONS OF LIAE31LITY. No employee or agent of LJA shall have Individual liability to Client. Client agrees that, to the fullest extent permitted by law,.LJNs total Ilabtlity to Client for any and all injuries, claims, losses, expanses or damages vrhatscover arising out of or In anyway related to the Project or this Agreement from a ny causes including, butnotlimited to, I-Ma. negligence, errors, omissions, strict liability, or breads of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by LJA for specific Project asslgnmenls. If Clientde-slres a 11mil ofllabiltty greater than that provided above, Client and WA shall include in Part) I I of this Agreement the amount of such limit and the additional compensation to be paid to LJA for assumption of such additional risk. IN NO EVEN' AND UNDER NO CIRCUMSTANCES SHALL LJA BE LIABLE TO CLIENT FOR CONSEQUENTIAL, iNCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 14. ACC1:38. CNenl shad provide LJA safe access to any premises necessary far LJA to provide the Services- 15. REUSE OF PROJECT DELIVERABLES. Rousoofanydocumenlsatott> BrdalivaraDlss, tndudmgaectro�ctlZeda, perta3�FnglooeprojodfryClfonlfasysyrurpasantherthsnlhal forwfitch suchdoaamsnts ar deliverahlesvrsre or€gfnauy pfaparatl, orsltaretlwt of such doaunants ordallverables vrlthout Wrldenvarificaiton oradaptallon by 1JAfotiFS specffc purpose In €erected, shall bealftCNerVsde.c Futher, allt11) e blocks and the engMaer' ssaal, ifappilmNa, abalberomovedlfandvfienVl anipmAdesdel ivorablesinelactrordomsdiatoanotbara ply. Ciedswees that refeyalt analyses, ihtdiro and reports provided In e!sWonla media shag also be provided In bard copy and that IkA hard owy shag govern In the case of a discrepancy balwean the two versions, end shal be held as the ofrrdel set0drar ings, as signed and seated. ClIent shall be afforded a period of 30 days In %Wi torhrc*the hard copy aaa�nsl the alectrank media in the eventthalanysnorerinconsistany+ isfoundasaresultofthisprocess, LJ Ashaifbeadvisedandthefnconsl stencyahal beeorractedatnoadditlonedcost toMnt Folro�Yrrglhoax ratbnofgds 30 - day period, Cliant shslf bear all responsibility far the care, custody, and control of the electronic mega. In addition, Ct ant represents that it shall retain the necessaryme0=11sms to read the eledronScmeda, whichCGentadutovgedpastobeo {onlylknitadduraUon C1fant Egress W defend, Indemrify, andhoid harmless LJAfromalidat. ns, dwruiges , and expensss(kscludingreasonable Ntlgalloncaste) errs!ngoutofsuch % efelfaor by Client or others ecratig through C#ont. 10. AIAENDMgNT. Ws Agraamsm, upon execution by the parties heroto. Can be attended only by awTiiten Instrument signed by the parties. 17. ASSIGNMENT, Vxoopt for eftmnlis (e) to WillesvAilch control, orare controlledby, the pedlashoroto or (b) roaLlfina frornopefeLton oflarv, the tghls and obligations of this Agreement cannot be assigned by any party wf'houi *Tifton pundsslon of each other party. 'this Agreamark shaft be bind rig upon and knife to the benefit of a,-# poralued assigns. 16. STATUTES OF LIMITATION. To the fullest extent pemdtted by IaW, the psrtias agree that, except for claims for Indomrdficallon, the kno period for bringktg cialma underthls Agreemant shs11 o>4olm one yaarafter Protect completion, 19. DISPUTP. ReSOLUTiON. 7ha parties *hall allempttosolVeeispuloscrlsfngundarfi Nspgreamentbydlscusslonbetwteen the parties senior €efrasanlativesofmana{lamaril ffeny dispute cannot be resolved In this manner, vfthin a roasonable length of tine, tbeparlies agree to attempt flan -WnOng met9aCons or any other malhod of alternative, dispWa resefutlon prior lofirutg air/ legalptomeOngs. In the event any arobrought to enforce this Agreement, the prevailing parlyshall beon0ad 16 collect Its Ihtgallon costs inciudingatfomey's fees from theolher pa;€y. 20. NO WAIVER. No we'var by elm party of default by the other party In the perfermance of arr/ pankAar section of iris Agreement shall Invalidate any other section of this Agreement or operate as awah'er of any fulcra default, whether like orditarent In cbwaclar. 21. HOTHiRO•PARTYBENEFICIARY. NothingmntalnadIn this Agreement, nor the performance ortheparlleahotettndor, istnlendodlaberaorit ,rtorshaNintnetolfrebenefitof,any third early, Including Clfent's contractors, If arty. 22. Sl_ VERAI3 1LIM Thevariwtsterms, provisionsandcovenantsherei n" ainedshallbedearned tobeseparateandseverable, endt heinvalicAyorunenfaceshl fityofatyofthsm shall qoi elfector Impair tits lrelidity or enforwaW of She mmalnder. 23. AUTHORITY. The persons slgntng this Agreement warrant Ins'. they have the authority to sign as, or on behalf or, the parry for Wi m they are signing. APPROWD FOR KLOTZ ASSOCIATFS APPROVED FOR LJA t=NGIN RING, INC. 13y: By: printed Name: Printed Name: Wallace F. Trochessel, P.E. Title: Title: Vice President Date: Date: -1- -.. -C & H: tEng :neednglCNonlslProposatslKlofx Assoctstesl °SALJA Proposal 71-Caf 3.doo U2tt1tgronnd EStatcS I MUMiaary E ngineering Report City of La Porte ICotz,A.ssociates Project No. 0127.Oxx.Oxx 6- Jul -11 Phase NO. Subtask Descriptiom Prin. Project 'A . Project • F-vr. Engr. Desi tier der. Total Ho.m Cost per task Task #I -iGek offmec6a I Kick offmcecirt +vithstatl' 3 3 3 2 11 Total cost per task 1 SZ,S47 Task *2— VxAnvi;" of:Z1X d calverts nt Wo h P Stroet 1 Conduct field measunnnents OS 1 9 9 19.5 2 Haver a =Wotirts with H =is Coup. 2 2 2 1 7 3 NCO= as amonmata evaluation of this 1044 n 1 1 9 9 20 4 aletier 2 4 18 4 28 5 Present the resnlis to the Flooding and Drainage Committee 6 6 6 1 19 Total cost per task 2 $20 I Stop work until rocei n written direct;on from the City Taskg. -Data Coltectian and authoim snb- consaltaats to 'n tf�c;rwork ' I Caad= field teconim=cc 05 1 9 9 19.5 2 Review available MLYmrvu las%data 05 1 3 4.5 3 R= L1DAR 6 6 4 I o0tential ' n2 areas 0S ] 4 5.5 Obtain and review the latestavogable is and hvdraalic models 1 4 5 Idea ' b1Cm areas on a of the 2 1 6 9 Have a meetia with Harris Coun P1oodControl District 3 1 3 2 111 Id a circus or al 1 2 4 eve DI drains area 1 8 9 m Use our aerials or aerial information fro the 0.5 2 25 Undetstaod eat trends 1 3 4 12 IdeLu mens that =y nwd jRgbn or additional eo=dernwn 1 4 S 13 IdM& new dcvcl cTmc= or other mfomiatlon 3 14 Work with EMOM collect =vcy data 1 4 6 2 13 IS Ea the eotecbnid firm to 2Ff orm the soils ixwesdEtgn 1 4 3 2 I0 16 Ea the emtiaotmtentli funx m r the envimnmenml rove on 1 4 3 2 10 17 l4caffy Ilooding and drainuge prcblem mais 2 1 6 1 f0 Total cost rtask3 SZ9740 Task #4— Rev!— data collected I Perform broad based review of the colketed dam 2 1 6 9 2 Demnaism and sc=mos to develop a base s=eV forthe potential sohl ions 1 1 S 10 3 Present =m=y ofopt and scenarios to City stafffor confnmation on base =tw 6 1 6 3 16 Total cost per task 4 58.386 Task 95– Evnluote models or other d2ta t bvslvate rho tuadcln ofFort I 3 4 Battleground Estates Prelimi=ry Eug necring Report City of La Porte Mott Associates Project I~io. 0127.Oxx.Oloc saris -11 2 Detamate areas fbat need u usin L . =E2ble LMAit - 1 l 4 6 3 berermine areas where additional bydrolopt or hvdraulie model am is needed t 1 3 5 4 Coordinate with City oa data that is available t 1 3 5 Total cost per tasks $5.433 T2sk46 - Rvdral2 .e and FIvdrrvlic Modeling 1 In sure datl and or LIDAR data im the ME models t 9 9 19 2 Include other specific information from staff 1 5 7 3 Perform hydrolc e =*Ivsis for dezi flows forthe vratesbed fortho 5, 10, 50 and 100 yev 1 1 9 9 20 d 1 U dmethe flows forthe watetsbeds IZO the available hydrologic data 0.5 3 3 7.5 5 Perform tyjatffie =alvsis 0.5 1 9 ]0.5 Total cost task 6 5 �•� 0 Task #7— Analvxe Potential Alternative¢ 1 Swdy 2nd 2nalyw alteYaatives for dmina 2rrovemmts 4 2 9 6 3 24 2 Determine the additional dratrege right-Of-way =ts OS 1 4 5.5 Total cost 2cr task 7 56 222S -Re ortRecurnrocndataos 1 Prnnare construction cost cSt=ntes and im lemet'r=on planL t 2 9 12 24 2 Evaluatebened a dcosts 2 1 12 A 19 ' 3 Provide r ccom ^^k=* for a iar rovemants 3 fi S 4 21 4 Pr areaProlimi� Eneanca.'in rt 3 6 18 12 6 4$ ' $ Present tea ics =d a PDF version of the draft lwto staff aadcouacil 6 1 6 1 14 6 hrn' orate hcablc clean m to the draft report 3 1 6 6 16 7 Submittcn ' tcd cs and PDF version of the final rt to the 0.5 1 2 3S 8 Attendmorrthl meetin r ed emeat and coutroL Include aworksho Cotatctl 18 40 12 4 7 Total cost per task S $50333 1 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL. SERVICES THIS IS AN AGREEMENT effective as of between City of La Porte Texas a governmental entit y ("Owner" and CivilTech Engineering, Inc., a Texas Corporation ("Engineer"). ( "Effective Date ") Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of La Porte Drainage Project No. 19 Taylor Bayou, HCFC Unit A104-00 -00 ("Project"). Engineer's Services under this Agreement are generally identified as follows: Hydraulic and Hydrologic Studies as described in Attachment 1, Surveying services to be provided by Civil Concepts, Inc. in accordance with their proposal provided in Attachment 3. Owner and Engineer further agree as follows; 1. 01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Ninety (90) calendar days from the Effective Date. C. If the Project includes construction- related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding n a months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. EJCDC E-520 Short Form ofAgreenient lk -Aveet Owner and Engineer for Professionni Senyiees. Copyright ©2009 Natfonai Society of Professional! igineers for EJCDC. All rights reserved. Pin i 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement maybe terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.AA.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. EJCDC F,520 Short r orna of Agreement Between Owner and Engineer for Professional Services. Copyriglit X2009 National Society of Professional Engioceis forEJCDC. All rights reserved. Paoe 2 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.6 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, EJCf2C E -520 short Form of Agreement Wiveen 0mier and Engineer for Prollmlonal Services. Copyright ©2009 National Societe of Professional Enginecis for FJCDC. All rights reserved. Page 3 techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC G700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all EJCDC F,520 Short Form of Agreement Between Owner and Engineer for Professional Set-vices. Copyright ©2009 National Societe of Professional Engineers for EJCDC. Ali rights reserved. Pate 4 claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 TotafAgreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment—Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $49,250. Refer to Attachment 2 for a manhour and fee breakdown. The Owner will provide written authorization to proceed with the tasks and amounts as listed below: Task 1.0 - Project Coordination and Meetings, Direct Expenses $5,510.00 Task 2.0 - Data Collection and Review = $5,020.00 Task 3.0 - Hydrologic Analysis = $10,000.00 Task 4.0 - Hydraulic Analysis = $10,620.00 Task 5.0 - Mitigation Analysis = $7,220.00 Task 6.0 - Project Evaluation = $3,500.00 Task 7.0 - Study Report - $7,380.00 EJCDC E -520 Short Form ofAgreemennt 13 (ween Owner and Engineer for Professional Set Copyright 02009 National Society of Professional Engineers for EJCDC. Alt rights reser ml. Pan 5 2. Surveying Services -- Subconsultant Civil Concepts, Inc. See Attachment 3 for surveying proposal. CivilTech Engineering, Inc. applies a 10% service fee to Subconsultant costs. The Owner will provide written authorization to proceed with the work and amounts as listed below: Phase 1— Establish Horizontal & Vertical Control, Cross - Sections = $8,550.00 Phase 2 — Topographic Survey & ROW Mapping = $9,900.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. EJCUC 1152(1 Short Forni of Agi•eenient Bethveeu Owiker and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. 1'aec 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. OWNER: By: Title: Date Signed: Address for giving notices: ENGINEER: By . `�� x Title: President Date Signed: 6/24/2011 Firm's Certificate Number: F -382 State of: Texas Address for giving notices: CivilTech Engineering, Inc. 11821 Telge Road Cypress, Texas 77429 EJCDC 1-520 Slrort Form ofAgreenrent Betiveerr Owner and Engineer for Professional Services. Copyright ©2009 Natlonal Society ofProfessional Engineers for EJCDC. All rights reserved. Page 7 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non- project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. R. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer $200.00 /hour Senior Project Engineer 160.00 /hour Project Engineer 130.00 /hour Assistant Engineer 105.00 /hour Senior GIS Analyst 120.00 /hour GIS Analyst 95.00 /hour Senior Design Technician 110.00 /hour Design Technician 85.00 /hour Administrative 90.00 /hour Clerical 70.00 /hour Appendix I ,StandardtioorlyllatesSchetlule EJCDC F 520 Short Form of Agreement Behycen Owner and Engineer for Professionnl Services. Copyright ©2009 National Society of 'rofessional Engineers for EJCDC. Ail rights reserved. Page I Attachment 1 Scope of Work Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A104 -00 -00 City of La Porte Drainage Project No. 19 The City of La Porte City Wide Drainage Study (CWDS), dates! January 2009, recommended channel improvements along Taylor Bayou, HCFC Unit A104- 00 -00, beginning approximately 600 feet downstream of McCabe Road to its corporate city limits, a length of approximately 1,608 feet. The CWDS identified that these channel improvements would reduce potential overbank flooding within the Shady Rivers Subdivision during a 100 -year storm event. Although not included in this scope of work, it should be noted that CWDS also identified HCFC Unit A104 -12- 00 as contributing to the existing flooding problems in the Shady Rivers Subdivision. A detailed hydrologic and hydraulic analysis was recommended for project development to: (1) update the watershed hydrology considering new residential and commercial developments in the upper Taylor Bayou watershed; (2) develop a hydraulic model for HCFC Unit A104 -00 -00 from its study limits to SH 146; (3) determine the limits and size of the proposed channel improvements to hydraulically convey a 100 -year design storm within channel banks; and, (4) locate and hydraulically size a mitigation pond volume and control structure to mitigate any downstream adverse impacts from the proposed channel improvements. This hydrologic and hydraulic study is not intended to update or revise the FEMA Flood Insurance Rate Maps (FIRM) for Taylor Bayou, HCFC Unit A104- 00 -00. The FEMA floodplain limits and detailed hydraulics for Taylor Bayou, HCFC Unit A104- 00 -00, end just upstream of Shore Acres Boulevard. City of La Porte CWDS Report Information (January 2009) 1. Drainage Project ID: 19 2, Channel: HCFC Unit A104 -00 -00 (Taylor Bayou) 3. location Benefiting: Shady River Subdivision 4, Modification Type: a. Channel improvement b. Mitigation Pond 5. Description: a. Trapezoidal Earthen Channel (Grass) L Length =1,608 feet ii. Maximum Top Width = 78 feet iii. Typical Side Slopes = 3H:1V iv. Excavation Volume = 4.2 acre -feet v. Total Land Acquisition = 1.5 acres b. Channel Dimensions Sta. 33196 to Sta. 34404 (Improved Length =1,208 feet) 1. Channel Depth = 8 feet 2. Channel Bottom Width = 30 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 78 feet 6. Est. Min ROW Width M 118 feet (20' Maintenance Berms) CivilTech Page 1 of 3 Fugineeriag, Inc. 7. Land Acquisition Area =1,1 acres 8, Excavation Volume = 3.4 acre -feet fl, Sta. 32796 to Sta. 33196 (Improved Length= 400 feet) 1. Channel Depth = 6 feet 2. Channel Bottom Width = 40 feet 3. Channel Side Slopes = 3H:1V 4. Manning N Value = 0.035 5. Existing ROW Width = 76 feet 6. Est. Min ROW Width = 116 feet (20' Maintenance Berms) 7. Land Acquisition Area = 0.40 acres 8. Excavation Volume = 0,80 acre -feet c. Mitigation Pond 1. Dimensions= 255'x255' (includes 30' maintenance berms) ii. Excavation Volume = 6,0 acre -feet ill. Pond Depth = 5 feet iv. Pond Side Slopes = 4H :1V v. Land Acquisition Area = 1.5 acres 6. Total Estimated Land Acquisition ;= 3.0 acres 7. Total Construction Costs = $361,000 a, A104- 00 -00: Channel (Total = $113,000) L Construction Costs with 25% Contingencies = $56,000 ii. Land Costs = $57,000 b. A104- 00 -00: Mitigation Pond (Total = $248,000) L Construction Costs with 25% Contingencies = $188,000 ii. Land Costs = $60,000 8. Channel improvements and mitigation pond should be constructed simultaneously. Scope of Work This scope of work includes the following tasks: Task 1— Prolect Coordination and Meetings This task includes project coordination and meetings with the City of La Porte and the Harris County Flood Control District regarding the project development. The Consultant will seek preliminary approvals related to the proposed channel improvements and mitigation based on the study technical findings and recommendations. Task 2 — Data Collection and Review This task includes obtaining and reviewing all pertinent drainage studies and information including but not limited to hydrologic and hydraulic models, GiS mapping, CWDS reports, previous drainage study reports, land use maps, right -of -way maps, record construction drawings, subdivision plats, etc. A site visit will be performed to document existing drainage patterns and drainage systems for the project. A photograph catalog will be developed to document existing conditions. Task 3 -- Hydrologic Analysis The FEMA effective HEC -HMS model for Taylor Bayou watershed will be revised (pre - project conditions) to update the drainage boundaries and land uses for existing watershed conditions Civillech Page 2 of 3 Fnglncering, Inc, in Subwatershed A104A, Subwatershed A104A encompasses the area upstream of SH 146 for Taylor Bayou. Subwatershed A104A will be subdivided to compute peak flow rates along Taylor Bayou from its confluence with HCFC Unit A104 -12 -00 to SH 146. Peak runoff rates will be computed for the 10 %, 2 %, and 1% exceedance probability events. Post - project hydrology will be determined based on the proposed channel improvements. Peak flow impacts will be determined between pre- and post - project conditions. Task 4— Hydraulic Analysis The FEMA effective HEC -RAS model for Taylor Bayou, HCFC Unit A104- 00 -00, will be extended from it current study limits at Shore Acres Boulevard to SH 146. New surveyed channel cross section will be obtained in accordance with HCFCD requirements. The surveyed channel cross sections will be supplemented in the overbank areas with HCFCD HDAR Digital Elevation Model data. Hydraulic profiles will be computed for the 10 %, 2% and 1% exceedance probability event flows. Alternative design channel sections and channel profiles will be evaluated to contain the 1% exceedance probability water surface elevations within the channel banks along the project limits. The design channel sections will include channel transitions between existing and proposed sections. A preliminary schematic of the proposed channel improvements including channel transitions will be prepared in this task. Task 5 -- Mitigation Analysis A mitigation analysis will be performed to determine the required detention volume required to reduce post - project flows to pre - project flows from the proposed channel improvements. A detailed hydrologic and hydraulic analysis will be performed to determine the required storage and control structure for the mitigation basin to mitigate any adverse impacts to downstream flows. A preliminary schematic of the proposed mitigation basin and control structure will be prepared in this task. Task 6 — Proiect Evaluation_ A project evaluation will be performed to determine the feasibility of the proposed channel improvements along Taylor Bayou, FICK Unit A104- 00 -00. The project evaluation will include preparing a preliminary construction cost estimate and determining the potential flood reduction benefits to the Shady Rivers Subdivision. Flood reduction benefits may be quantified in terms of the number of homes removed from the 100 -year flood elevation (riverine flooding only). It is anticipated that the City of La Porte will provide finished floor elevations for homes within the Shady Rivers Subdivision. The Consultant may provide recommendations on other structural and non - structural flood reduction measures, if deemed applicable. Task 7 -- Study Report A study report will be prepared to document the technical findings and recommendations for the proposed channel improvements and mitigation pond. Five (5) copies of the draft and final study report will be submitted to the City of La Porte. The study report will be signed and signed by a Licensed Professional Engineer in the State of Texas. CIVilleCh Page 3 of 3 Engineering, Inc. Hydrologic and Hydraulic Study for Taylor Bayou, HCFC Unit A204-00-00 City of Lo Porte Drainage Project No. 29 Attachment 2 Man-Hour & Fee Breakdown Estimate CJVI"Ccb L,0n� I— =AL M.4 MURS PER wOWTASK BY STAFF MLMASSIII K TOTAL T ASK No. SUB TASK TASKDMMP'nON M PRINC �R $RPM ENGA P801 kNRR ASST CNCR, SR GGS ANALYST SRDLSIGN TECH DESIGN TMH AMN auuCAL WORK 5:100M 51MW SEW.00 $IMW $=,W nmco SrIm W.50 nm LO P.* C..,d1..J- and M.d.p m. ------------- -------------------------------------- ------- ------ --------- 9 -------------- q ------- -- ------- ------ 0 16 2560,00 1.4 D1f1Mp1p!qa, Subyo l _ 2 14 _6 0 0 0 0 2 2 32 5,510.00 2ADate Cellectlpn and Review - — ------- -------------- -- --------------------- ------------------ --------------- ---------------- ---- ----------- 20 2,800.00 ----------- q -- - -- -- ------- ---- ------- -.___._.. ».......... 4 ..»._...,. ------- 12 L360-00 ;Csu ------------- --------------- --- 0 8 860.00 — ---- - :i�eb!Ml 40 5,020.00 _. -J� —- _ _ - � --------------------------------------- _______________ ----------------- ------- -------- -------- 3.1 Upck�Dm1n,pAMmp 0 0 2 8 20 0 0 0 0 30 3,500.00 - ---------- I - ----- -------- ........ 2--_ - ----- 16 1,780.00 a 40 4,720.00 as 10,000.00 --- ----------- ^ ------------- --------- -- ----------- ---------- 36 4,080.00 48 5,440.00 12 1,100.00 ---------------- ------------- ------- ------ - -------- 96 10.620.00 56 6,120.00 12 1,100.00 63 7,220.00 ^ 0 4 4 0 0 0 0 12 1,7.80.00 20 2,220.00 32 3500.00 ------------------- --------------- — 7.1 Pm"mSWdvRep� a 8 24 0 0 4 44 51640.00 ----------------------------- ----- — --------- --- ----- -------- 5SO100 4 0 a 2,160.00 ----------- ------ 56 7,390.00 ------ TOTALS 11 40 126 110 32 0 as , 410 49,250A0 30,71% 29.02% 7.80% 0.00% 1 9.70% ..T,. L46% 100.00% CJVI"Ccb L,0n� I— ATTACHMENT 3 CIVIL CONCEPTS INC. SURVEYING AND ENGINEERING 3425 Federal Street Pasadena, Texas 77504 Phone (713) 947 -6606 Fax (713) 947 -6609 www.civilconcepts.com DATE; Arne 22, 2011 TO: Melvin G. Spinks, PE CivilTech Engineering, Inc. 11821 Telge Rd. Cypress, Texas 77429 Phone: 281- 304 -0200 Fax: 281 -304 -0210 FROM: I David Newell, RPLS,LS,CFM SURVEYING PROPOSAL: Uity of Laporte Frolect 19 A- 104 -UU -UU PROJECT Provide topographic survey, establish of project control DESCRIPTION (horizontal and vertical), right -of -way and for proposed channel improvements along the HCFC channel A104 -00 -00 from confluence with A104 -12 -00 upstream of McCabe Road. Phase 1: Establish Horizontal and vertical control to be Texas State Plain Coordinate System NAD83 Texas South Central Zone 4204(epoch 2002.00, and TSARP, NAVD88(2001 adj.)and correlate to City of Laporte datum. Provide x- sections at 14 designated locations. Phase 2: Topographic survey, locate surface indications (MH's, PP, Signs, Junction boxes etc.) of private and public utilities (call One Call and locate markings)obtain utilities maps, provide location and depths of storm and sanitary sewer and surface indications (MH's, Valve, FH's etc.) of water lines., boundary and topographic survey for proposed 3 acre mitigation site. ESTIMATED COST: Cost Phase 1 $ 8,550.00 Phase 2 $ 9,900.00 Work to be started 7 working days from authorization to proceed and complet within 20 working days. Provide AutoCad file, and text file. CivilTech City Laporte prj19 rev Council Agenda Item September 12, 2011 8. PUBLIC HEARING AND ASSOCIATED MATTERS (a) Public Hearing to receive comments regarding the City of La Porte's Fiscal Year 2011 -2012 Proposed Budget — M. Dolby (b) Consider approval or other action regarding an ordinance approving and adopting the City of La Porte's Fiscal Year 2011- 2012 Proposed Budget — M. Dolby (c) Consider approval or other action regarding a resolution adopting the 2011 Appraisal Roll of the Harris County Appraisal District — M. Dolby (d) Consider approval or other action regarding an ordinance establishing the Tax Rate for the 2011 -2012 Fiscal Year of maintenance and operation rate of $.605 and a debt service rate of $.105 for a total tax rate of $.71 per hundred dollar valuation — M. Dolby ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Michael G. Dolby, CPA Department: Finance Report: Resolution: Ordinance Exhibits: Notice of Public Hearing Exhibits: Presentation for Public Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On July 25 Council approved that a Public Hearing for the Fiscal Year 2011 -2012 Proposed Budget be held on Monday, September 12, 2011, at the regularly scheduled Council meeting, which begins at 6:00 p.m. The City Council held budget workshops on August 8 through August 10, 2011 to discuss proposed budgets for the fiscal year beginning October 1, 2011 and ending September 30, 2012. The following presentation summarizes the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. These changes include: ➢ One -time salary enhancement of $1,000 per full time employee ➢ City will self -fund the STEP Program ➢ Funding added for Main Street Waterline Replacement ➢ Community Investment Fund - Cut Video Streaming and Channel 16 Improvements (Savings to fund STEP program) ➢ Economic Development Fund — added funding for the following projects: Dog Park, Playground Renovations, Golf Course Bathroom, and the remaining funding for the bulkheads. ➢ Trail projects were cut from the CIP Plan House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of the Texas Local Government Code to require that the Council must take a separate vote to ratifi- increased property tax revenues that are reflected in the budget. The FY 2011 -12 budget includes fewer property tax revenues than in FY 2010 -11. The projected decrease in revenues from property taxes is reflected in the budget as presented; therefore, a separate vote to ratifi- the property tax revenue increase is not required. Action Required by Council: Conduct the Public Hearing on the City's FY 2011 -2012 Proposed Budget. Approved for City Council Agenda Ron Bottoms, City Manager Date 1 "M pa-UP 110 , , g _ M L 7" z- 0 ors i f 0 AMPis a now kind of hearing aid — so small, you can't detect it. The hearing aid for people who aren't ready for a hearing aid, It you want to hear better but aren't sure you're ready for a hearing aid, it's time to AMP, Fits invisibly* in your inner ear * Designed especially for hearing aid users * Is ready to wear in one visit * Is easy to remove for better ear health Vlb P 30-Day Trial ofAMP NOT& 'els- '3 oxt VIM* for Tu Hearing Aid Eaft UNDERWOOD HEARING 1 3800 Spencer Hwy. ® Suite 71`5"A'?Q4835 Notice Of Public Meeting To Discuss La Porte Independent School District's State Financial Accountability Rating La Porte Independent School District Will Hold A Public Meeting At 7:00 P.M., September 13, 201 ........... . ... .. In The Board Room, A Porte Isd Administration Building 1002 San Jacinto La Porte, Texas 0 4 The Purpose Of This Meeting Is To Discuss La Porte Independent S606 District's Rating V On The State's Financial Accountability System. La Vo 110 , , g _ M L 7" z- 0 ors i f 0 AMPis a now kind of hearing aid — so small, you can't detect it. The hearing aid for people who aren't ready for a hearing aid, It you want to hear better but aren't sure you're ready for a hearing aid, it's time to AMP, Fits invisibly* in your inner ear * Designed especially for hearing aid users * Is ready to wear in one visit * Is easy to remove for better ear health Vlb P 30-Day Trial ofAMP NOT& 'els- '3 oxt VIM* for Tu Hearing Aid Eaft UNDERWOOD HEARING 1 3800 Spencer Hwy. ® Suite 71`5"A'?Q4835 U Positioning La Porte for success by embracing our heritage, community values, and future opportunities, while enhancing the quality of life for our citizens. Changes Budget workshops One -time salary enhancement for full time employees City will self -fund the STEP Program Funding added for Main Street Waterline Replacement Community Investment Fund — cut video streaming and Channel 16 improvements (savings to fund STEP program) Economic Development Fund — added funding for the following projects: Dog Park, Playground Renovations, Golf Course Bathroom, and the remaining funding for the bulkheads at the Golf Course. Trail projects were cut from the CIP Plan w w $1,000 lump sum /full -time employee for FY2012 Eligibility requirements Full -time employees As of 10/01/2011 — must have 6 months of service and be off of probationary status Payment breakdown $500 will be included with 1 1 t pay period in November $500 will be included with 1 1 t pay period in May No increase in property tax rate Adds a third ambulance and associated personnel Increases the residential solid waste fee by $1.50 /month No utility fund transfer to the general fund Reduced transfer from the general fund to the capital improvement fund Capital projects of approximately $5.9 million Vehicle replacement of $1.5 million Employee Health Insurance — no changes from current year, under evaluation City contribution - $3,594,943 Employee /Retiree contribution - $455,000 TM RS rate — 17.63% Electrical — 11% decrease from current year estimate Fuel — 25% increase over current year estimate Computer Lease Fees — 5% increase Vehicle Lease Fees — 6% decrease resulting from $1.8 million "pay down" ($600,000 1year over 3 years) — FY2012 will be the 2nd year. 6°o decrease excludes the additional amount that the Fire Department is sending to pre fund an engine Debt Service Capital Funds Improvement 7% Funds 8% Internal Service Funds 11% Enterprise Funds 13% Other Governmental Funds 9% General Fund 52% (In millions) Working Capital 09/30/11 FY 11 -12 FY 11 -12 Revenues Expenses Working Capital 09/30/12 General Fund 18.29 35.53 35.99 17.84 Special Revenue 4.71 6.33 6.43 4.60 Ente rpris e 3.64 9.03 9.03 3.63 Internal Service 6.03 6.84 7.99 4.88 Capital Improvement 3.67 2.27 5.38 0.57 Debt Service 3.53 4.54 4.75 3.32 Total All Funds 39.87 64.54 69.57 KM (In millions) Description General Property Taxes Franchise Fees Sales Taxes Industrial Payments Other Taxes License & Permits Fines & Forfeits Charges for Services Parks & Recreation Recreation & Fitness Center Employee Health Service Water Revenue Wastewater Revenue Intergovernmental Miscellaneous Operating Transfers Other Financing Sources Bond Proceeds Interest Grand Total All Revenue Actual Budget Revised Requested 2009 -10 2010 -11 2010 -11 2011 -12 17.86 17.90 17.20 16.72 2.24 2.18 2.12 2.15 5.50 5.02 5.59 6.51 10.73 10.26 10.15 10.15 0.41 0.50 0.51 0.47 0.48 0.57 0.25 0.34 1.80 1.75 1.69 1.72 9.64 7.37 7.37 7.54 0.48 0.24 0.27 0.29 0.18 0.19 0.20 0.21 3.68 3.63 3.64 4.04 5.42 5.75 5.83 5.58 3.31 3.44 3.43 3.42 0.99 0.53 0.30 0.39 0.18 0.04 6.87 0.05 13.07 5.66 6.29 4.06 0.84 0.79 0.79 0.75 6.39 - - - 0.34 0.33 0.18 0.15 83.56 66.15 72.69 64.54 t l 500 450 400 350 300 250 200 150 100 50 FY 07 -08 FY 08 -09 FY 09 -10 FY 10 -11 FY 11 -12 o Part -time 75 75 74 75 64 Full -time 381 382 380 382 388 200 180 160 - 140 CG U 120 on 100 0 Q 80 60 40 20 Days of Working Capital Where the Money Comes From Total Revenues $35,532,524 General Property Taxes (35 %) Franchise Taxes (6 %) Sales Tax (9 %) Industrial Payments (28 %) Other Taxes ( <1 %) License & Permits (1 %) Fines & Forfeits (5 %) Charges for Services (11 %) Parks & Recreation ( <1 %) Rec & Fitness Center ( <1 %) Intergovernmental (<I%) Miscellaneous ( <1 %) Operating Transfers ( <1 %) Interest Income (<I%) Revenues: Actual Budget Estimated Projected Percent (in millions) 2009 -10 2010 -11 2010 -11 2011 -12 Change General Property Taxes 13.566 13.490 12.968 12.531 -7.11% Franchise Taxes 2.171 2.175 2.120 2.145 -1.40% Sales Taxes 3.143 2.866 3.193 3.257 13.62% Industrial Payments 10.464 10.000 9.900 9.900 -1.00% Other Taxes 0.077 0.089 0.080 0.080 - 10.44% Licenses & Permits 0.476 0.570 0.254 0.337 - 40.87% Fines Forfeits 1.532 1.692 1.592 1.602 -5.36% Charges for Services 3.646 3.732 3.790 3.956 6.00% Parks & Recreation 0.477 0.241 0.266 0.287 19.26% Recreation & Fitness 0.184 0.193 0.199 0.210 8.59% Golf Course - 1.069 0.973 0.964 -9.84% Intergovernmental 0.001 0.002 0.001 0.001 - 50.00% Miscellaneous 0.065 0.042 6.873 0.050 19.05% Operating Transfers 0.730 0.397 0.397 0.149 - 62.53% Interest 0.137 0.163 0.067 0.065 - 60.00% Total Revenues 36.670 36.722 42.674 35.533 -3.24% 14,000,000 13,000,000 12,000,000 11,000,000 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Actual M Actual 111 Budget 0 Revised 01 Projected 2008 -09 2009 -10 2010 -11 2010 -11 2011 -12 In Lieu of Taxes & Ad Valorem Taxes In Lieu of Taxes Ad ValoremTaxes Last Ten Fiscal Years 0.80 0.70 0.60 0.50 0.40 0.30 0.20 0.10 EI General Fund El Debt Service *Council has not raised in 23 years 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Average Home Value - $ 117,194* City taxes paid by average household per year - $ 665.66 Per month - $ 55.47 to support these city services: 24 hour Police Protection 24 hour Emergency Medical Services 24 hour Fire Protection Animal Control services Maintenance of all public streets (126 miles of paved streets) Park facilities including softball fields (21 parks with a total of 356 acres) Recreational facilities & activities Building Inspections & permitting services Code Enforcement Services *Based on 2011 average home value with 20% homestead exemption. *($0.71/$100 Valuation) G Historical Trends Budget Projection Actual Variance 2002 6 6 269 2003 7 7 3 4 5,4 8 3 2004 7 6 , 3 7 2005 6 6 390 2006 6 7 836 2007 6 7 1 2008 7 7 259 2009 9 10 321 2010 8 10 1 2011 10, 000, 000 9 , Historical Trends 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 uenerai M , Actual Actual NO` Budget Revised Projected 2008 -09 2009 -10 2010 -11 2010 -11 2011 -12 Sales Tax,, Franchise Taxes,, Residential Solid Sales Taxes Franchise Fees Residential Solid Waste Interest Income 20.00 18.00 16.00 14.00 12.00 10.00 8.00 6.00 4.00 2.00 Current Proposed 2011 -12 Cost to Customer 16.50 18.00 cost to City 17.52 18.18 0 Emergency Services Police * Administration * Finance o Public Works * Parks& Recreation a Planning& Engineering PUBLIC WORKS 14% a NON- DEPARTMENTAL 8% Fm r1NANUh 4% 0 ADMINISTRATION 11% GOLF COURSE 4% POLICE 29% � PLANNING EMERGENCY PARK S 6% SERVICES 1 ni 12°% Expenditures: (in millions) Actual Budget Estimated Projected Percent 2009 -10 2010 -11 2010 -11 2011 -12 Change Emergency Services 4.4 4.5 4.4 4.7 2.82% Police 9.9 10.0 9.9 10.5 5.03% Golf Course 1.4 1.3 1.3 1.3 2.19% Administration 3.7 4.1 4.1 4.2 2.26% Finance 1.5 1.4 1.4 1.5 2.08% Non - Departmental 8.8 4.3 4.4 2.9 - 33.73% Public Works 4.9 5.1 4.9 5.0 -0.35% Parks 4.1 4.0 3.9 3.9 -2.05% Planning 1.9 2.1 1.9 2.0 -1.97% Total Expenditures 40.5 36.8 36.2 36.0 -2.22% *Budget to Budget e Water Production a Water Distribution a Wastewater Collection 0 Wastewater Treatment Utility Billing Non-Departmental Utility C U on 7. 0 V) c Q 200 150 100 50 (5 0) (100) (15 0) Days of Working Capital 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 Lumpdrison El Revenues M Expenses Revenues vs. Expenses Actual Actual Budget Revised Projected 2008 -09 2009 -10 2010 -11 2010 -11 2011 -12 0 rMIJ 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 Actual 2008 -09 Actual Budget 2009 -10 2010 -11 Revised Projected 2010 -11 2011 -12 Water Sales 3.85 3.81 3.90 4.24 3.91 Wastewater Sales 3.14 3.22 3.32 3.39 3.35 140, - MIR-MI"Iff , , I 9 Airport Fund * La Porte Area Water Authority 140,000 120,000 100,000 80,000 60,000 40,000 20,000 E3 Revenues 0 Expenses Revenues vs. Expenses Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 o Revenues ❑ Expenses Revenues vs,. Expenses Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 �41LNXANA a Motor Pool Fund e Maintenance e Replacement o Insurance Fund * Employee Health Services * Risk Division * Technology Fund e Replacement 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Motor 0 Revenues 0 Expenses Revenues vs. Expenses Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 IMMIMMM Lumpdrison 13 Revenues El Expenses Revenues vs. Expenses Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 ieunnuiogy 13 Revenues 0 Expenses Revenues vs. Expenses Actual Actual Actual Estimated Proj ected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 1 A 11 "TAUX" a Grant Fund 0 Street Maintenance Sales Tax Fund 0 Emergency Services District Fund * Community Investment Fund 0 Hotel/Motel Occupancy Tax a Economic Development Fund * TIRZ Fund 5,000,000 � 111 111 3,000,000 2,000,000 1,000,000 Revenues 0 Expenditures Revenues vs. Expenditures Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 Street Maintenance Sales Tax Fund Comparison 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 )'EXAS Revenues 0 Expenditures Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 Revenues vs. Expenditures Actual Actual Actual Estimated 2007 -08 2008 -09 2009 -10 2010 -11 Revenues 0 Expenditures Projected 2011 -12 700,000 • 11 111 500,000 Ham 111 300,000 200,000 100,000 Revenues vs. Expenditures )'EXAS Revenues El Expenditures Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 r Revenues vs. Expenditures •11 111 500,000 H 11 111 300,000 200,000 100,000 )'EXAS IM Revenues 0 Expenditures Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 )'EXAS IM Revenues 0 Expenditures Actual Actual Actual Estimated Projected 2007 -08 2008 -09 2009 -10 2010 -11 2011 -12 Fiscal Year 2011 -12 Proposed Budget Estimated Balance 9/30/11: Revenues Expenditures Ending Balance 9/30/12: $ 187,169 2,088,169 1,703,704 $ 3841465 *Includes CIP contingencies. * * $615k not included in the working capital balance. This amount is due from the TIRZ for the Trunk Sewer. Working Working (In millions) Capital FY 11 -12 FY 11 -12 Capital 09/30/11 Revenues Expenses 09/30/12 Capital Improvement: General CIP Fund 2.57 1.26 3.25 0.58 Utility CIP Fund 0.49 0.44 0.93 0.00 Sewer Rehabilitation 0.08 0.30 0.35 0.03 Drainage Improvement Fund (0.05) 0.27 0.20 0.02 2004 CIO Bond Fund 0.04 - - 0.04 2005 GO Bond Fund 0.07 - 0.07 - 2006 CIO Bond Fund (0.20) - - (0.20) ** 2006 GO Bond Fund 0.04 - - 0.04 2007 CIO Bond Fund 0.41 - 0.41 - 20 10 CIO Bond Fund 0.17 0.00 0.17 0.00 Other Infrastructure 0.06 0.00 - 0.06 Total Capital Improvement 3.67 2.27 5.38* 0.57 *Includes CIP contingencies. * * $615k not included in the working capital balance. This amount is due from the TIRZ for the Trunk Sewer. MA AFIS Lite Latent Fingerprint Machine (Fund 015) Animal Shelter (Fund 015) DOT Inspection Site (Fund 015) Golf Course Restroom (Fund 015, transfer from 038) Whelen Tower (Fund 015) Safety Roadway Cameras (Fund 015) Network Security Infrastructure & Software (Fund 015) Voting Machines (Fund 015) Public Works Facility Rehab — Phase IV (Fund 015) City Wide Sidewalk Replacement (Fund 015) City Wide Wheelchair Ramp /Infill Sidewalk (Fund 015) $ 44,800 985,000 105,000 40,000 20,000 45,000 56,200 90,000 65,000 50,000 50,000 Utility Equipment Replacement - Water (Fund 003) $ 26,000 In -House Waterline Replacement (Fund 003) 30,000 Sens Road Utility Relocation — Phase II (Fund 003) 13,000 Lift Station #6 (Fund 003 - $382,447 & Fund 045 - $67,553) 450,000 Shoreacres / La Porte Interconnect (Fund 003) 105,000 Main Street Water Line Replacement (Fund 003) 375,000 Annual Sewer Rehabilitation (Fund 018) 350,000 Drainage Improvements (Fund 019) 195,000 Concrete Streets (Fund 033) 30,000 Street Maintenance (Fund 033) 1,020,000 Utility Equipment Replacement — Waste Water (Fund 049) 57,000 Waste Water Treatment Debris Removal and Dump Pad (Fund 049) Parking Lot Repair — Jennie Riley /Evelyn Kennedy (Fund 015) Playground Beautification (Fund 015, transfer from 038) Dog Park (Fund 015, transfer from 038) Lomax Park Improvements (Fund 015) - $600, 000 transfer from 038 Broadway and F Street to Arizona Outfall Drainage Improvements (Fund 050) Spenwick Subdivision Drainage Improvements (Fund 050) Sunrise and Broadway Drainage Improvements (Fund 050) Grand Total (cont'd $ 70,000 100,000 105,000 45,000 1,200,000 31111 25,000 • 111 $ 5,896,000 (In millions) Debt Service: General Utility La Porte Area Water Authority Total Debt Service Working Capital 09/30/11 FY 11 -12 FY 11 -12 Revenues Expenses Working Capital 09/30/12 3.24 3.55 3.75 3.04 0.30 0.30 0.31 0.29 0.00 0.69 0.69 0.00 3.53 4.54 4.75 3.32 �1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Copy of Public Hearing Notice Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Cite Council held budget workshops on August 8 through August 10, 2011 to discuss proposed budgets for the fiscal year beginning October 1, 2011 and ending September 30, 2012. The Summary- of Funds, which is shown below, represents the result of the workshops held with City Council. All changes made by Council Isere incorporated into the various budgets. There is no change in the Tax Rate, which has remained constant for the last ti enty -three rears. Action Required by Council: Adopt Ordinance approving Fiscal Year 2011 -12 Proposed Budget. Revised 2011 Proposed 2012 General Fund S 36229,094 S35,992372 Grant Fund 508,931 580,442 Street Maintenance Sales Tax Fund 1,400,000 1,050,000 Emeraencv Services District Sales Tax Fund 0 705.000 Communitv Investment 263,000 229,000 Hotel Motel Occupancy Tax 426,711 353.742 Economic Development Corporation 1209.063 1.806.710 Tax Increment Reinvestment Zone 1,844,767 1,703,704 Utility 8,156267 7,761,033 Airport 18.578 133.779 La Porte Area Water Authority 979,933 1,136,507 Motor Pool 3,133,033 1658,182 Insurance Fund 5278,759 5334,634 Technologv Fund 0 0 General Capital Improvement 8.74L913 325L020 Utility Capital Improvement 1.138252 931.447 Sewer Rehabilitation Capital Improvement 344.999 350.000 Drainage Improvement Fund 587.000 195.000 2004 Certificates of Obligation Bond Fund 667342 0 2005 Certificates of Obligation Bond Fund 0 67.553 2006 Certificates of Obligation Bond Fund 917.750 0 2006 General Obligation Bond Fund 131867 0 2007 Certificates of Obligation Bond Fund 608231 408.133 2010 Certificates of Obligation Bond Fund 5.625.711 0 Transportation & Other Infrastructure Fund 566.081 0 General Debt Service 3,516,576 3,746270 Utility Debt Service 316,496 306,679 La Porte Area Water Authority Debt Service 689,488 693,150 Total of All Funds 883275,842 869394357 There is no change in the Tax Rate, which has remained constant for the last ti enty -three rears. Action Required by Council: Adopt Ordinance approving Fiscal Year 2011 -12 Proposed Budget. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 11- AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2011, through September 30, 2012, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 25, 2011, and a public hearing scheduled for September 12, 2011 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL_ OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2011, through September 30, 2012. SECTION 2 : Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at ail times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4 : This Ordinance shall be in effect from and after its passage and approval, PASSED AND APPROVED this the 12 ' day of September, 2011. CITY OF LA PORTE, TEXAS ATTEST: Louis R. Rigby, Mayor Patrice Fogarty, City Secretary APPROVED: 7 o CIA T. Askins, Assistant City Attorney 1 "M pa-UP 110 , , g _ M L 7" z- 0 ors i f 0 AMPis a now kind of hearing aid — so small, you can't detect it. The hearing aid for people who aren't ready for a hearing aid, It you want to hear better but aren't sure you're ready for a hearing aid, it's time to AMP, Fits invisibly* in your inner ear * Designed especially for hearing aid users * Is ready to wear in one visit * Is easy to remove for better ear health Vlb P 30-Day Trial ofAMP NOT& 'els- '3 oxt VIM* for Tu Hearing Aid Eaft UNDERWOOD HEARING 1 3800 Spencer Hwy. ® Suite 71`5"A'?Q4835 Notice Of Public Meeting To Discuss La Porte Independent School District's State Financial Accountability Rating La Porte Independent School District Will Hold A Public Meeting At 7:00 P.M., September 13, 201 ........... . ... .. In The Board Room, A Porte Isd Administration Building 1002 San Jacinto La Porte, Texas 0 4 The Purpose Of This Meeting Is To Discuss La Porte Independent S606 District's Rating V On The State's Financial Accountability System. La Vo 110 , , g _ M L 7" z- 0 ors i f 0 AMPis a now kind of hearing aid — so small, you can't detect it. The hearing aid for people who aren't ready for a hearing aid, It you want to hear better but aren't sure you're ready for a hearing aid, it's time to AMP, Fits invisibly* in your inner ear * Designed especially for hearing aid users * Is ready to wear in one visit * Is easy to remove for better ear health Vlb P 30-Day Trial ofAMP NOT& 'els- '3 oxt VIM* for Tu Hearing Aid Eaft UNDERWOOD HEARING 1 3800 Spencer Hwy. ® Suite 71`5"A'?Q4835 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Michael G. Dolby, CPA Department: Finance Report: Resolution: XX Ordinance Exhibits: Certification from HCAD Exhibits: Resolution Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION On August 25, 2011, the City of La Porte received the Certified Appraisal Roll from the Harris County* Appraisal District. Section 26.04 of the State Property* Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2011 Certified Tax Roll for the City of La Porte, as received from the Harris County* Appraisal District (HCAD), shows a total appraised value of $2,535,159,533 and a total taxable value of $2,041,098,822. Action Required by Council: Approve Resolution for acceptance of the appraisal roll. Approved for City Council Agenda Ron Bottoms, City Manager Date 071 Mailing Ad dress: Office of the Chief Appraiser P.O. Box 920975 Houston, TX 77292 -0975 August 25, 2011 Ms Katherine Powell Assessor Collector City of Laporte 604 W. Fairmont Pkwy LaPorte TX 77571 Dear Ms. Powell: Harris County Appraisal District 13013 Northwest Fwy, Houston, Texas Information Center: (713)957 -7800 On August 12, 2011 the appraisal review board (ARB) approved the 2011 appraisal records under Sec. 41.12, Tax Code, thus making it possible for me to certify this year's appraisal roll to each taxing unit. While the Tax Code provides for approval of the appraisal records to occur on July 20, it also stipulates that the ARB cannot approve the records if more than 10% of the total appraised value in the district remains under protest. Under prior law, approval of the records could not occur until less than 5% of the district's total value remained under protest. Even though we received nearly 300,000 protests this year in Harris County less than 5% of the total value in the district remains under protest. Approved & Certified Accounts "Approved" accounts on your certified roll include those on which no protest was filed, those on which a late protest was filed "without good cause" as determined by the ARB, and those on which a timely or "good cause" late protest has been determined or dismissed due to failure to appear for the protest hearing. Uncertified Accounts Your certified roll does not include the value of accounts still under protest; accounts on which the valuation is incomplete and notices have not been mailed; and properties which are either ready to notice or have been noticed and on which the 30 -day protest period has not elapsed. As required by law, estimated values applicable to these accounts are summarized in the enclosed reports. Final certified values for properties in these categories will be included in later supplemental rolls. Other Information Also included in your certification packet is a sheet titled'WHERE TO FIND." This sheet notes where to find information you will need to calculate your effective and rollback tax rates. The certified residential homestead report includes a summary of average residential values in your unit, which is information required for your tax rate hearing notices. Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that homestead exemptions may be claimed up to one year after the delinquency date for the taxes on the homestead. This means that your tax base will be reduced by late applications filed during this extended application period. Additional value loss may result from provisions in the Tax Code that allow for district court or arbitration appeal of ARB decisions, late protests, and corrections. Sincerely, Jim Robinson, Chief Appraiser R.P.A. Enclosures 071 THE STATE OF TEXAS,) COUNTY OF HARRIS.) HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS 2011 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS. 26.01(c) AND (d) FOR City of Laporte Pursuant to Section 26.01(a), Texas Tax Code, I hereby certify the 2011 appraisal roll of properties taxable by City of Laporte. The roll is delivered in printed and electronic forms. The total appraised value now on the appraisal roll for this unit is: $2,535,159,533 The taxable value now on the appraisal roll for this unit is: $2,041,098,822 As Required by Section 26.01(c), Texas Tax Code, I have included with your roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $78,533,089 Pursuant to Section 26.01(d), Texas Tax code, the estimated value of taxable property not under protest and not yet included on the certified appraisal roll, after hearing loss, is $105,020,146 Signed this 25th day of August, 2011 r ` jm�m� Jim Robinson, R.P.A. Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessorlcoIlector of the above -named taxing unit, I hereby acknowledge receipt of the certified 2011 appraisal roll on this the day of , 2011 071 CITY OF LAPORTE TAX YEAR: 2011 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP CERTIFIED ROLL 01 ACREAGE MARKET APPRAISED PRODUCTIVITY LAST UPDATED: DELV DATE: EXEMPTIONS 08/12/2011 08/26/2011 TAXABLE VALUE Al Real, Residential, Single - Family 9,641 2,497.7207 1,137,048,895 1,134,901,174 0 289,876,438 845,024,736 A2 Real, Residential, Mobile Homes 85 22.2682 2,784,505 2,768,817 0 520,862 2,247,955 B1 Real, Residential, Multi - Family 20 65.3570 37,604,983 37,604,983 0 0 37,604,983 62 Real, Residential, Two - Family S8 10.6939 5,080,165 5,080,165 0 142,284 4,937,881 B3 Real, Residential, Three - Family 0 0.0000 0 0 0 0 0 B4 Real, Residential, Four- or More- Family 0 0.0000 0 0 0 0 0 C1 Real, Vacant Lots /Tracts 914 302.8269 12,541,009 12,488,669 0 133,577 12,355,092 C2 Peal, Vacant Commercial 456 541.3471 24,199,617 24,199,617 0 0 24,199,617 C3 Real, Vacant 329 130.9827 7,715,266 7,665,614 0 88,419 7,577,195 D1 Real, Qualified Agricultural Land 35 742.4122 9,773,964 0 140,211 0 140,211 D2 Real, Unqualified Agricultural Land 59 1,003.5611 31,213,989 31,213,989 0 20,471 31,193,518 E1 Real, Farm & Ranch Improved 3 34.0758 I,11S,403 846,607 0 229,322 617,285 F1 Real, Commercial 565 955.3802 345,250,318 345,122,723 0 144,120 344,978,603 F2 Real, Industrial S8 731.4091 343,970,234 343,970,234 0 2,493,100 341,477,134 G1 Oil and Mineral Gas Reserves 0 0.0000 0 0 0 0 0 G2 Real Property Other Mineral Reserves 0 0.0000 0 0 0 0 0 H1 Tangible, Vehicles 0 0.0000 0 0 0 0 0 11 Real, Banks 0 0.0000 0 0 0 0 0 71 Real & Tangible Personal, Utility water 0 0.0000 0 0 0 0 0 32 Gas Companies 1 0.0000 1,909,260 1,909,260 0 0 1,909,260 33 Electric Companies 27 95.9102 18,859,557 18,859,557 0 0 18,8S9,SS7 34 Telephone Companies 5 1.1478 5,367,125 5,367,125 0 0 5,367,125 3S Railroads 25 162.2530 3,925,870 3,925,970 0 0 3,925,870 36 Pipelines 124 4.4358 11,528,860 11,528,860 0 0 11,528,860 37 Major Cable Television Systems 2 0.0000 5,320,564 5,320,564 0 0 5,320,564 Ll Tangible, Commercial 672 0.0000 111,066,993 111,066,993 0 399,993 110,667,000 L2 Tangible, Industrial 243 0.0000 229,835,359 229,835,359 0 4,750,511 225,084,848 Ml Tangible, Nonbusiness watercraft 0 0.0000 0 0 0 0 0 M2 Tangible, Nonbusiness Aircraft 0 0.0000 0 0 0 0 0 071 CITY OF LAPORTE TAX YEAR: 2011 PROPERTY USE CATEGORY HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/12/2011 PROPERTY USE CATEGORY RECAP DELV DATE: 08/26/2011 CERTIFIED ROLL 01 UNITS ACREAGE MARKET APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE M3 Tangible, Mobile Homes 480 0.0000 5,934,129 5,916,676 0 1,156,332 4,760,344 M4 Tangible, Miscellaneous 0 0.0000 0 0 0 0 0 Ni Intangibles 0 0.0000 0 0 0 0 0 01 Inventory 21 6.4023 102,784 102,784 0 0 102,784 02 Inventory 0 0.0000 0 0 0 0 0 S1 Dealer Inventory 16 0.0000 1,218,400 1,218,400 0 0 1,218,400 UO unknown 0 0.0000 0 0 0 0 0 XO Primarily Charitable Organization 0 0.0600 0 0 0 O O X1 Governmental Exempt 800 1,751.8301 161,015,487 161,015,487 0 161,015,487 0 X2 Charitable Exempt 7 10.7961 6,986,454 6,986,454 0 6,986,454 0 X3 Religious Exempt 102 85.3583 26,100,372 26,100,372 0 26,100,372 0 X4 Cemetery Exempt 4 2.3458 2,969 2,969 0 2,969 0 X5 Private School Exempt 0 0.6000 0 0 0 0 0 X6 Youth Development Exempt 0 0.0000 0 O 0 0 0 X7 Historical Exempt 0 0.0000 0 0 0 0 0 X8 Miscellaneous Exempt 0 0.0000 0 0 0 0 0 X9 Low - Moderate Income Housing 0 0.0000 0 0 0 0 O JURISDICTION TOTALS: 14,752 9,158.5143 $2,547,472,531 $2,535,019,322 $140,211 $494,060,711 $2,041,098,822 RESOLUTION NO, 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2011 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the Cityof La Porte, for approval, the 2011 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2011 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1, 2011, propertywith a total appraised value of $2,535,159,533.00 and a total taxable value of $2,041,098,822.00. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $25,092,489.00 as of January 1, 2011; BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF LA PORTE, THAT: Section 1 . the 2011 taxable roll in the amount of $2,041,098,822.00, as submitted by the Harris County Appraisal District is hereby adopted; 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 offices of City of La Porte for the time required bylaw 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. PASSED AND APPROVED this the 12` day of September, 2011. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPRO ED: Clark T. Askins, Assistant City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Michael G. Dolby, CPA Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Effective Tax Rate Calculation F,xhihits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Year 2011 -12 Budget was built around a tax rate of .71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .605 cents per hundred dollar valuation Debt Service = .105 cents per hundred dollar valuation The tax rate of .71 cents is the same rate that has been adopted for the last twenty -three Nears. The Effective Tax Rate = 0.716 cents per hundred dollar valuation, which is the maximum rate without advertisements and a public hearing. Action Required by Council: Approve Ordinance establishing the tax rate for Fiscal Year 2011 -12 at 71 cents per hundred dollar valuation. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 11- AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 2011, and ending September 30, 2012, on all real properly situated and all personal properlyowned within the taxable limits of the said City of La Porte, on the first day of January, 2011, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of sixty and five tenths cents ($.605) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currencyof the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of ten and five tenths cents ($.105) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay al! of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy -one cents ($.71)on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100 %) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shalt, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that anyother section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. 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. Section 8 , This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 12` day of September, 2011. CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: -r -7Z'7- Clark T. Askins, Assistant City Attorney 2011 Property Tax Rates in City of La Porte This notice concerns the 2011 property tax rates for City of LaPorte. It presents information about three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Principal or Contract Last year's operating taxes $13,577,184 Last year's debt taxes $2,356,371 Last year's total taxes $15,933,555 Last year's tax base $2,244,162,676 Last year's total tax rate $0.710/$100 This year's effective tax rate: Last year's adjusted taxes $15,220,968 (after subtracting taxes on lost property) 219,840 This year's adjusted tax base $2,123,919,068 (after subtracting value of new property) Certificate of Obligation =This year's effective tax rate $0.716/$100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: General Obligation Bonds, Last year's adjusted operating taxes 240,142 (after subtracting taxes on lost property and adjusting for any $12,885,102 transferred function, tax increment financing, state criminal justice General Obligation Bonds, mandate, and /or enhanced indigent healthcare expenditures) 43,258 This year's adjusted tax base $2,123,919,068 =This year's effective operating rate $0.607/$100 x 1.08 — this year's maximum operating rate $0.655/$100 +This year's debt rate $0.105 /$100 = This year's total rollback rate $0.760/$100 Statement of Increase/Decrease If City of La Porte adopts a 2011 tax rate equal to the effective tax rate of $0.716 per $100 of value, taxes would decrease compared to 2010 taxes by $- 518,477. Schedule A - Unencumbered Fund Balance The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund 11,849,850 General Debt Service Fund 3,117,689 Schedule B - 2011 Debt Service The unit plans to pay the following amounts for long -term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Other Amounts Total Payment to be Paid 0 435,645 0 494,840 0 130,210 0 565,142 0 93,258 0 465,410 0 504,308 0 511,363 Principal or Contract Interest to be Description of Debt Payment to be Paid Paid from from Property Taxes Property Taxes General Obligation Bonds, 270,000 165,645 Series 2002 Certificate of Obligation 275,000 219,840 Bonds, Series 2004 Certificate of Obligation 75,000 55,210 Bonds, Series 2005 General Obligation Bonds, 325,000 240,142 Series 2005 General Obligation Bonds, 50,000 43,258 Series 2006 Certificate of Obligation 250,000 215,410 Bonds, Series 2006 Certificate of Obligation 200,000 304,308 Bonds, Series 2007 General Obligation 400,000 111,363 Refunding Bonds, Series 2010 Other Amounts Total Payment to be Paid 0 435,645 0 494,840 0 130,210 0 565,142 0 93,258 0 465,410 0 504,308 0 511,363 Certificate of Obligation 325,000 221,094 0 546,094 Bonds, Series 2010 Total required for 2011 debt service Amount (if any) paid from Schedule A Amount (if any) paid from other resources Excess collections last year = Total to be paid from taxes in 2011 + Amount added in anticipation that the unit will collect only 100.00% of its taxes in 2011 = Total debt levy $3,746,270 $225,000 $1,248,271 $0 $2,272,999 $0 $2,272,999 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at City Hall 604 W Fairmont Parkway, La Porte, TX 77571. Name of person preparing this notice: Katherine R Powell Title: Tax Manager Date Prepared: 09/01/2011 2011 Effective Tax Rate Worksheet City of La Porte Date: 09/01/2011 See Chapter 2 of the Texas Comptroller's 2011 Manual for Taxing Units Other than Schools for an explanation of the effective tax rate. 1.2010 total taxable value. Enter the amount of 2010 taxable value on the 2010 tax roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one - third over - appraisal corrections from these adjustments. This total includes the taxable value $2,215,208,446 of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14). 2.2010 tax ceilings. Counties, cities and junior college districts. Enter 2010 total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 $0 or older or disabled. Other units enter 0. If your taxing units adopted the tax ceiling provision in 2010 or a prior year for homeowners age 65 or older or disabled, use this step. 7.2010 taxable value of property in territory the unit deannexed after Jan. 1, 2010. $0 Enter the 2010 value of property in deannexed territory. 2010 taxable value lost because property first qualified for an exemption in 2011. ote that lowering the amount or percentage of an existing exemption does not create a new :emption or reduce taxable value. If the taxing unit increased an original exemption, use e difference between the original exempted amount and the increased exempted amount. o not include value lost to freeport or "goods -in- transit" exemptions. Absolute exemptions. Use 2010 market value: I. Partial exemptions. 2011 exemption amount or 2011 percentage exemption times 2010 alue: Value loss. Add A and B. �. 2010 taxable value lost because property first qualified for agricultural appraisal (1- 1 or 1 -d -1), timber appraisal, recreational /scenic appraisal or public access airport pecial appraisal in 2011. Use only properties that qualified for the first time in 2011; do iot use properties that qualified in 2010. 2010 market value: 2011 productivity or special appraised value: $1,00 $16,034,72 $17,041,335 Value loss. Subtract B from A. 10. Total adjustments for lost value. Add lines 7, 8C and 9C. $17,041,335 11. 2010 adjusted taxable value. Subtract Line 10 from Line 6. $2,208,306,539 12. Adjusted 2010 taxes. Multiply Line 4 by line 11 and divide by $100. $15,678,976 13. Enter the amount of taxes refunded during the last budget year for tax years preceding tax year 2010. Enter the amount of taxes refunded during the last budget year for taxes preceding tax year 2010. Types of refunds include court decisions, Section 25.25(b) $133,586 and (c) corrections and Section 3 1. 11 payment errors. Do not include refunds for tax year 2010. This line applies only to tax years preceding tax year 2010. 14. Taxes in tax increment financing (TIF) for tax year 2010. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the $591,594 unit has no 2011 captured appraised value in Line 16D, enter 0. 15. Adjusted 2010 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract $15,220,968 Line 14. 16. Total 2011 taxable value on the 2011 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled. Certified values 1 $2,041,098, Counties: Include railroad rolling stock values certified by the Comptroller's office: Pollution control exemption: Deduct the value of property exempted for the current tax it for the first time as pollution control property (use this Line based on attorney's advice): . Tax increment financing: Deduct the 2011 captured appraised value of property taxable a taxing unit in a tax increment financing zone for which the 2011 taxes will be deposited $71,708,21 to the tax increment fund. Do not include any new property value that will be included in ine 21 below. Total 2011 value. Add A and B, then subtract C and D. 1 $1,969,390,6031 17. Total value of properties under protest or not included on certified appraisal roll. 2011 taxable value of properties under protest. The chief appraiser certifies a list of $78,533, ,perties still under ARB protest. The list shows the district's value and the taxpayer's imed value, if any, or an estimate of the value if the taxpayer wins. For each of the iperties under protest, use the lowest of these values. Enter the total value. 2011 value of properties not under protest or included on certified appraisal roll. $105,020,1 e chief appraiser gives taxing units a list of those taxable properties that the chief )raiser knows are not included at appraisal roll certification. These properties also are not the list of properties that are still under protest. On this list of properties, the chief )raiser includes the market value, appraised value and exemptions for the preceding year i a reasonable estimate of the market value, appraised value and exemptions for the Tent year. Use the lower market, appraised or taxable value (as appropriate). Enter the al value. Total value under protest or not certified: Add A and B. ' $183,553,235 18. 2011 tax ceilings. Enter 2011 total taxable value of homesteads with tax ceilings. These 1 $0 include the homesteads of homeowners age 65 or older or disabled. Other units enter "0." If your taxing units adopted the tax ceiling provision in 2010 or a prior year for homeowners I I age 65 or older or disabled, use this step. 119. 2011 total taxable value. Add Lines 16E and 17C. Subtract Line 18. 1 $2,152,943,838 Total 2011 taxable value of properties in territory annexed after Jan. 1, 2010. ude both real and personal property. Enter the 2011 value of property in territory $3,932,2811 21. Total 2011 taxable value of new improvements and new personal property located in new improvements. "New" means the item was not on the appraisal roll in 2010. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be $25,092,489 determined. New personal property in a new improvement must have been brought into the unit after Jan. 1, 2009, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired for 2011. 122. Total adjustments to the 2011 taxable value. Add Lines 20 and 21. 1 $29,024,770 123. 2011 adjusted taxable value. Subtract Line 22 from Line 19. 1 $2,123,919,068 124. 2011 effective tax rate. Divide Line 15 by Line 23 and multiply by $100. 1 $0.716/$100 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county' I levies. The total is the 2011 county effective tax rate. A county, city or hospital district that adopted the additional sales tax in November 2010 or in May 2011 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet (Appendix 4) on page 35 of the Texas Comptroller's 2011 Truth -in- Taxation Manual sets out this adjustment. Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. 2011 Rollback Tax Rate Worksheet City of La Porte Date: 09/01/2011 See Chapter 3 of the Texas Comptroller's 2011 Manual for Taxing Units Other than School Districts for an explanation of the rollback tax rate. �� m ntenance and operations (M &O) tax rate. $0.605/$100 usted taxabl e value. Enter the amount from Line 11. $2 208 306 539 2010 M &O taxes. Multiply Line 26 by Line 27 and divide by $100. 1 $13,360,25 3. Cities, counties and hospital districts with additional sales tax: Amount of additional ales tax collected and spent on M &O expenses in 2010. Enter amount from full year's sales ax revenue spent for M &O in 2010 fiscal year, if any. Other units enter 0. Counties exclude ny amount that was spent for economic development grants from the amount of sales tax pent. Counties: Enter the amount for the state criminal justice mandate. If second or later year, amount is for increased cost above last year's amount. Other units enter "0." . Transferring function: If discontinuing all of a department, function or activity and insferring it to another unit by written contract, enter the amount spent by the unit scontinuing the function in the 12 months preceding the month of this calculation. If the ut did not operate this function for this 12 -month period, use the amount spent in the last 11 fiscal year in which the unit operated the function. The unit discontinuing the function ill subtract this amount in H below. The unit receiving the function will add this amount in below. Other units enter 0. er a negative value if discontinuing a function, or enter a positive value if receiving function. Taxes refunded for years preceding tax year 2010: Enter the amount of M &O taxes $116,44 unded during the last budget year for tax years preceding tax year 2010. Types of refunds Jude court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment ors. Do not include refunds for tax year 2010. This line applies only to tax years ceding tax year 2010. Enhanced indigent health care expenditures: Enter the increased amount for the rrent year's enhanced indigent health care expenditures above the preceding tax year's hanced indigent health care expenditures, less any state assistance. i. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a ,investment zone as agreed by the taxing unit. If the unit has no 2011 captured appraised $591 alue in Line 16D, enter 0. H. Adjusted M &O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G. $12,885,102 29. 2011 adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet. $2,123,919,068 30. 2011 effective maintenance and operations rate. Divide Line 28H by Line 29 and $0.607/$100 multiply by $100. 31. 2011 rollback maintenance and operation rate. Multiply Line 30 by 1.08. $0.655/$100 32. Total 2011 debt to be paid with property taxes and additional sales tax revenue. "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M &O expenses Debt also includes contractual payments to other taxing units that have incurred debts on $2,497, calf of this taxing unit, if those debts meet the four conditions above. Include only ounts that will be paid from property tax revenue (or additional sales tax revenue). Do not lude appraisal district budget payments. List the debt in Schedule B: Debt Service. B. Subtract unencumbered fund amount used to reduce total debt. $225,000 C. Adjusted debt. Subtract B from A. $2,272,999 A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate. A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Council Agenda Item September 12, 2011 9. ORDINANCES (a) Consider approval or other action of an ordinance amending Appendix - A, "Fees, Solid Waste" of the Code of Ordinances by increasing the monthly Residential Dwelling Solid Waste Fee — M. Dolby **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Michael G. Dolby, CPA Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Year 2011 -12 Budget included an increase in the Residential Solid Waste Fee. Without the proposed increase, the City is estimating a loss of $1.68 per month per customer for the 2011 -12 fiscal Near, which equates to approximately $201,600 annually. The proposed change is summarized below and was documented and detailed in the information provided to Council during Budget Workshops during the week of August 8, 2011. Residential Solid Waste Fee - Proposed $1.50 increase to $18.00 (Estimated additional revenue - $180,000) Action Required by Council: Approve Ordinance amending the residential solid waste fee as indicated. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. 2011 AN ORDINANCE AMENDING "APPENDIX A, FEES," OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING RESIDENTIAL DWELLING MONTHLY SOLID WASTE FEE BY $1.50, TO $18.00, CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1> Chapter 58 of Appendix A -- Fees, "Solid Waste," Article III, "Rates and Charges ", subparagraph (a) , is hereby amended and shall hereafter read as follows, to -wit: "(a) Residential dwelling unit collection, per unit, per month (minimum charge) 18.00 58 -106" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or parr thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council 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 5. This Ordinance shall be in effect from and after its passage and approval. The fees in this ordinance shall be effective upon passage and approval of this ordinance, unless otherwise indicated. PASSED AND APPROVED, this 12th day of September, 2011. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary f - Clark T. Askins Assistant City Attorney F Council Agenda Item September 12, 2011 10. RESOLUTIONS (a) Consider approval or other action regarding a resolution establishing fund balance policies as required by GASB 54 (Governmental Accounting Standards Board) — M. Dolby (b) Consider approval or other action regarding a resolution nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District — P. Fogarty **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By Michael Dolby, CPA Director of Finance Department: FINANCE Report: Resolution: Ordinance Exhibits: Resolution- Mark Amount Budgeted Source of Funds: N/ A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES IN U Exhibits: Resolution- Clean Exhibits: Financial Management Policv, with mark up SUMMARY & RECOMMENDATION At the August 22, 2011 Fiscal Affairs Committee meeting, staff presented the draft resolution that would formally adopt new financial reporting standards promulgated by the Government Accounting Standards Board (GASB) this year. The objective of GASB 54 is to enhance the usefulness of fund balance information by providing a clearer fund balance classification along with clarifying governmental fund type definitions. The new standard is for reporting purposes only and it will not impact normal day -to -day operations. Action Required by Council: Approve the GASB 54 resolution and the annual review of financial policies. Approved for City Council Agenda Ron Bottoms, City Manager Date RESOLUTION NO. A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ESTABLISING FUND BALANCE POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAIN; AND SETTING AN EFFECTIVE DATE THEREOF WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, that is effective in fiscal year 2010 -2011, and WHEREAS, the City of La Porte wishes to comply with GASB 54 as required beginning with the current October 1, 2010 to September 30, 2011 fiscal year; NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the following policy: FUND BALANCE POLICY Fund balance measures the net financial resources available to finance expenditures of future periods. The City of La Porte's Unassigned General Fund Balance will be maintained to provide the City with sufficient working capital and a margin of safety to address local emergencies without borrowing. The Unassigned General Fund Balance may only be appropriated by resolution of the City Council. Fund Balance of the City may be committed for a specific source by formal action of the City Council. Amendments or modification to the committed fund balance must also be approved by formal action of the City Council. Committed fund balance does not lapse at year -end. The formal action required to commit fund balance shall be by resolution or majority vote. The Cit Council dele aces authorit to ass,, n fund balance for a specific purposE following approval by the Fiscal Affairs Committee to the City Manager of the City o a Porte. For purposes of fund balance classification, expenditures are to be spent from restricted fund balance first and then unrestricted. Expenditures incurred in the unrestricted fund balances shall be reduced first from the committed fund balance, then from the assigned fund balance and lastly, the unassigned fund balance. The City Council recognizes that good fiscal management comprises the foundational support of the entire City. To make that support as effective as possible, the City Council intends to maintain a minimum fund balance of 25 % of the City's general fund annual operating expenditures. If a fund balance drops below 25 %, it shall be recovered at a rate of 1 % minimally, each year. This policy should be revisited each year for review, Louis R. Rigby, Mayor Patrice Fogarty, City Secretary ' �X Clark Askins, Assistant City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ESTABLISING FUND BALANCE POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAIN; AND SETTING AN EFFECTIVE DATE THEREOF WHEREAS, the Governmental Accounting Standards Board (GASB) has adopted Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, that is effective in fiscal year 2010 -2011, and WHEREAS, the City of La Porte wishes to comply with GASB 54 as required beginning with the current October 1, 2010 to September 30, 2011 fiscal year; NOW THEREFORE BE IT RESOLVED that the City Council hereby adopts the following policy: FUND BALANCE POLICY Fund balance measures the net financial resources available to finance expenditures of future periods. The City of La Porte's Unassigned General Fund Balance will be maintained to provide the City with sufficient working capital and a margin of safety to address local emergencies without borrowing. The Unassigned General Fund Balance may only be appropriated by resolution of the City Council. Fund Balance of the City may be committed for a specific source by formal action of the City Council. Amendments or modification to the committed fund balance must also be approved by formal action of the City Council. Committed fund balance does not lapse at year -end. The formal action required to commit fund balance shall be by resolution or majority vote. The City Council delegates authority to assign fund balance for a specific purpose following approval by the Fiscal Affairs Committee to the City Manager of the City of La Porte. For purposes of fund balance classification, expenditures are to be spent from restricted fund balance first and then unrestricted. Expenditures incurred in the unrestricted fund balances shall be reduced first from the committed fund balance, then from the assigned fund balance and lastly, the unassigned fund balance. The City Council recognizes that good fiscal management comprises the foundational support of the entire City. To make that support as effective as possible, the City Council intends to maintain a minimum fund balance of 25 % of the City's general fund annual operating expenditures. If a fund balance drops below 25 %, it shall be recovered at a rate of 1 % minimally, each year. This policy should be revisited each year for review, Louis R. Rigby, Mayor Patrice Fogarty, City Secretary ' �X Clark Askins, Assistant City Attorney City of LaPorte, Texas FINANCIAL MANAGEMENT POLICIES Table of Contents 1. Operating Budget Policies Balanced budget Cost Recoven- Borrowing for operating expenditures (expenses) Performance evaluation Budgetary controls Basis of Budgeting Self- supporting enterprises Service planning Contingencies GFOA Distinguished Budget Presentation Award 2. Revenue Policies Revenue structure One -time Revenues Revenue collection Sources of sen-ices financing Tax base capacity User fees Cost of sen-ice Policy and market considerations Bi- annual reviekv Non - resident charges Water and sewer rates Internal sen-ice fees Donated revenues Administrative transfers 3. Fund Balance/Reser� e Policies General Fund Other operating funds Debt sen-ice fund 4. Debt Policies General obligation bonds or certificates of obligations Revenue supported bonds Debt management Bond term Debt limits Structure Refundings Capital Budget Policies Capital improvement program Operated budget impacts Repair and replacement Financing Accounting Policies Accounting standards Internal control Annual audit External reporting GFOA Certificate of Achievement Award 7. Investment Policies The City of La Porte Financial Management Policies provides a basic framework for the overall fiscal management of the City. The policies represent a foundation to address changing circumstances and conditions, and assist in the decision making process. The financial policies represent guidelines for evaluating both current activities and proposals for future programs. The Financial Management Policies reflect long - standing principles and practices, which have enabled the City to maintain its financial stability. It is intended that the policies be reviewed annually so that the guidelines represent a realistic, current framework for public policy decisions. Polio* statements are included for the following areas: Operating Budget Policies Revenue Policies Fund Balance / Resen-e Policies Debt Policies Capital Budget Policies Accounting Policies Investment Policies In addition to the policies listed above, the City has or is implementing the following Recommended Practices established bV the Government Finance Officers Association. Found "Best Management Practices" Financial Policies In compliance? on Page 1. Develop a police to guide the creation, maintenance, and use of Yes resources for financial stabilization purposes. 2. Adopt a police to identify the manner in which fees and charges are set and the extent to which they cover the cost of the senrice Yes p rovided. 3. Adopt a police to guide the issuance and management of debt. Yes 4. Adopt a police on the maximum amount of debt and debt sen-ice Yes that should be outstanding at any one time. 5. Adopt a policy limiting the use of one -time revenues for ongoing Yes expenditures. 6. Identifv major revenue sources considered unpredictable and Currently- Developing define how these resources may be used. 7. Develop a police that defines a balanced operating budget, encourage commitment to a balanced budget under normal Yes circumstances, and provide for disclosure when a deviation from a balanced operating budget is planned or when it occurs. 8. Adopt a policy that encourages a diversity of revenue sources. Yes 9. Develop a police to guide the financial actions to be undertaken in the event of emergencies, natural disasters, or other unexpected Yes events. FINANCIAL MANAGEMENT POLICIES 1. OPERATING BUDGET POLICIES The objectives of the operating budget policies are to maintain adequate sen-ice levels at reasonable costs by following sound financial management practices. Balanced budget The city shall annually adopt a balanced budget where revenues are equal to, or exceed, operating expenditures. Any increase in expenses, decrease in revenues, or combination of the two that would result in a budget imbalance will require budget revision, rather than spending unappropriated surpluses or designate resen-es to support ongoing operations. Any Near end operating surpluses will revert to unappropriated balances for use in maintaining resen-e levels set by policy and the balance will be av ailable for capital projects and/or ``one -time only" General Fund expenditures. Status: In compliance. Cost Recover Government Budgets are under constant pressure to stay within limits. This forces local government to seek ways to lower costs associated with delivering sen The City of La Porte is veer proactive in its drive to identIA- methods for reducing and /or recovering costs. The City staff performs internal reviews of operations to define those sen-ices or products in which an element of cost recovers- can be implemented, and at what level: full cost recoven partial cost recovers- or no cost recoven-. The City has defined four major elements of cost recoven which include reducing costs, increasing returns, researching alternative sen-ice providers and seeking alternative funding sources. When evaluating a reduction in costs, the City will consider downsizing (staff reduction), operating efficiencies, outsourcing and in -kind sen-ices as possible alternatives. When implementing cost recoven by wav of increasing returns, the City will focus on user fees, fee increases, increasing markets, new products and advertising. Alternative sen-ice providers include, but are not limited to, privatization, nonprofit spin -offs and volunteers. Alternative funding sources include foundations, grants, dedicated taxes (hotel /motel tax), corporate underwriting and sponsorships Annually, as part of the budget /planning process, each department will report their achievements in the area of cost recovery to management and to the City Council. Status: The City is currently implementing a cost recovery plan. Borrowing for operating expenditures (expenses) The City shall not use debt or bond financing to fund current operating expenditures (expenses). Status: In compliance. Performance evaluation Performance measurement and productivity* indicators shall be integrated into the annual budgeting process. All departments shall be reviewed annually* by the City* Manager for such performance criteria as program initiatives, compliance with policy* direction, program effectiveness and cost efficiency*. Status: City staff is continually working with all departments to develop and enhance performance measurements. Budgetary controls The City* shall maintain a budgetary control system to ensure adherence to the adopted budget and associated appropriations. Regular reports shall be provided comparing actual revenues and expenditures (expenses) to budgeted amounts. The legal level for expenditure (expense) budget control is the Fund level. Each Department Director is responsible for the budget in their respectiVe departments. The Directors are given latitude to transfer budget funds within their departments, with the exception of the personal sen-ices category*. Transfers affecting the personal sen-ices categon- or outside of the department require the approval of the City* Manager. Additions to the budget that are not countered by a reduction elsewhere require amendment of the budget by City* Council. Article IV of the City's Charter governs the preparation and submission of the budget and the Schedules and Attachments in this budget meet or exceed its requirements. The amendment of a Departmental budget, which affects the total budget, requires approval by City* Council. The City* budgets a contingency* amount in our operating funds. These contingency* amounts are available to be used by the City* Manager for any emergency*, unforeseen expense or opportunity* that might arise. In past years, the contingency* has been used to purchase property* and for hurricane preparedness. Status: In compliance. Basis of Budgeting Annual budgets are adopted on a basis consistent with Generally* Accepted Accounting Principles (GAAP) with the exception of Capital Projects Funds, which adopt project length budgets. Governmental type fund budgets are prepared on modified accrual basis. Governmental revenues are budgeted when they* are measurable and available and expenditures are budgeted in the period in which the liability* is incurred. All proprietary fund types are budgeted using a flow of economic resources measurement focus and use the accrual basis of accounting. Revenues are budgeted when they are earned and measurable and expenses are budgeted in the period in which the liability* was incurred. The City* departs from GAAP in the treatment of depreciation and encumbrances. Depreciation of fixed assets is not recognized in proprietary fund budgets. All annual appropriations lapse at fiscal year end. Under the CityT's budgetary process, outstanding encumbrances at year end are reported as resen-ations of fund balances since they* do not constitute expenditures and liabilities, since the commitments will be re- appropriated and honored the subsequent fiscal year. Status: In compliance. Self- supporting enterprises All enterprise activities of the City* shall be self - supporting to the greatest extent possible. These activities include, but are not limited to, Water and Sewer Utility* Sen-ice, Sylvan Beach Pavilion, Airport, La Porte Area Water Authority*, and the Golf Course. Status: In compliance. Service nlannin All departments shall share in the responsibility* of meeting policy* goals and ensuring long -term financial viability. Future sen-ice plans and program initiatives shall be developed reflecting policy* directives, projected resources and future sen-ice requirements. Status: In compliance. Contingencies The City shall budget a contingency* in each of its operating and capital improvement funds. The contingency* amount shall be used at the discretion of the City Manager for items that were unexpected or unforeseen during the formal budget process. Funding shall be targeted at one (1) percent of the City's operating expenditures. The City* will have in place a budget contingency* plan that addresses financial conditions which could result in a net shortfall of resources as compared to requirements. The plan will identify* various phases to address the severity* of possible budget shortfalls and outline the actions to be taken in such a situation. Status: In compliance. GFOA Distinguished Budget Presentation Award The City* shall annually* submit necessary documentation to obtain the Distinguished Budget Presentation Award as awarded bV the Governmental Finance Officers Association of the United States and Canada. Status: The City has been awarded the Distinguished Budget Presentation Award for the twenty - first consecutive year. 2. REVENUE POLICIES The objectik-e of the revenue policies is to ensure that funding for public programs is derived from a fair, equitable and adequate resource base, while minimizing tax differential burdens. Revenue structure In the City* of La Porte's fiscal system, the monitoring and control of revenues is a primary concern. The City* shall attempt to maintain a diversified and stable revenue system to shelter programs from short -term fluctuations in any* single revenue source. Potential revenue sources will be evaluated and, if feasible, initiated. To accomplish this, revenues are monitored on a continuous basis to insure that receipts from each revenue source are at maximum levels. An understanding of the economic and legal factors which directly* and indirectly* affect the level of revenue collections is an important part of the City s revenue policy*. Status: In compliance. One -time revenues One -time revenues will be used only* for one -time expenditures. The City will avoid using temporan- revenues to fund mainstream sen-ices. Revenue collection The City* shall follow an aggressive, but humane, policy* of collecting revenues. The City will, after having considered all possible cost reduction alternatives, explore the possibility* of obtaining new or expanded revenue sources as away to help insure a balanced budget. Cost recovers- revenue sources will be analyzed on an annual basis and modified as necessary to insure that revenue collections reflect the cost of providing associated City* sen-ices. Status: In compliance. Sources of services financin Seri -ices which have a city -wide benefit shall be financed with revenue sources, which are generated from a broad base, such as property* and other taxes. Sen-ices where the customer determines the use shall be financed with user fees, charges and assessments directly* related to the level of sen-ice provided. Status: In compliance. Tax base capacity The objective of the City is to ensure that local general tax resources are not increased faster than the tax base capacity* of the community*. The City* will attempt to maintain a stable tax base. The local taxing effort of other cities as well as the demand and need for local public sen-ices will be major considerations in determining tax rate. Status: In compliance. User fees The City* shall maximize the utilization of user charges in lieu of general revenue sources for sen-ices that can be individuallv identified and where costs are directIv related to the level of sen-ice. Cost of service - The City* shall establish user charges and fees at a level which reflects the costs of providing the sen-ice, to the extent legally* allowable. Operating, direct, indirect and capital costs shall be considered in the charges. Full cost charges shall be imposed unless it is determined that policy* and market factors require lower fees. Status: In compliance. Policy and market considerations - The City* shall also consider policy* objectiVes and market rates and charges levied by other public and private organizations for similar sen-ices when fees and charges are established. Status: In compliance. Annual review - The City* Manager shall direct an annual review of fees and charges for sen-ices and NN - 111 make appropriate modifications to ensure that charges grow at a rate which keeps pace with the cost of efficiently* providing the sen-ice and to assure that one group of users are not subsidized by the general populace. Status: In compliance. Non - resident charges - Where practical, user fees and other appropriate charges shall be levied for activities or facilities in which non - residents participate in order to relieve the burden on City* residents. Non - resident fees shall be structured at market levels so that resident users are subsidized to the greatest extent possible. Status: In compliance. Water and sewer rates - User charge fees for water and sewer shall be sufficient to finance all operating, capital and debt sere -ice costs for these utilities. Rates will be set such that these enterprise funds are never in a cash deficit position during the year. Additionally where feasible, rates will be established where each portion of the service will corer the cost of the sen-ice provided. Status: In compliance. Internal service fees - When interdepartmental charges are used to finance internal enterprise functions, charges shall reflect full costs, including all indirect expenses. Status: In compliance. Donated revenues - All private money* donated or contributed to the City* for operations, maintenance, purchase of equipment, supplies, land or capital facilities shall be subject to current budget policies. The donated or contributed funds shall be deposited as miscellaneous revenues into the appropriate fund and the expenditure (expense) shall be budgeted (through a formal budget amendment, if required). Status: In compliance. Percentage of Cost Recovery - The extent to which the total cost of sen-ice should be recovered through fees depends upon the following factors: The nature of the facilities, infrastructure or sen-ices. In the case of fees for facilities, infrastructure and proprietary sen-ices, total cost recover- may be warranted. In the case of governmental sen-ices, it may be appropriate for a substantial portion of the cost of such sen-ices to be borne by the City s taxpayers, rather than the individual users of such services. Proprietary sen-ices are those which are pro�-ided for the benefit and enjoSTment of the residents of the City, such as parks and recreation sen-ices. Governmental sen-ices are those which are provided by the City for the public good such as regulating land use, maintaining streets, and providing police and fire protection. Status: In compliance. Administrative Transfers The City shall recover from selected enterprise operations an administrative fee. The fee shall be considered a payment for certain administrative functions (oversight management, accounting, human resource assistance, etc) and for payments in -lieu of taxes (i.e. if the operation was operated by someone other than the City, the City would receive property tax revenues). General & Administrative Transfers – A transfer to corer the direct and indirect costs associated with administrative support. For the Utility Fund, the transfer is allocated at a rate of up toy percent of total expenses when appropriations allow. Status: In compliance. Flat Fee Transfers - Transfers from the Utility and La Porte Area Water Authority Funds to the General Fund will be determined by City management during the budget process and shall not exceed an overhead allocation where administrative fees are distributed to all City divisions based on their share of non - capital expenditures (expenses) as compared to all City non - capital expenditures (expenses). Status: In compliance. 3. FUND BALANCE / RESERVE POLICIES The objectives of the fund balance resen-e policies is not to hold resources solely as a source of interest revenue, but rather to provide adequate resources for cash flow and contingency purposes, while maintaining reasonable tax rates and charges for sen-ices. In addition, the City's proximity to the Gulf Coast provides the ven- real possibility of a damaging tropical storm or hurricane. General Fund F.1nd Balance cif` tllc 0tv niav be c;( 1n11111ttCd f(A- a Sl)MI — IC S<;1.INC bv foniial action of tllc OtV COl.lnc;ll. .Aan'11(:nient` oi- lni {,dilication to tllc connintted fund balance In11.1st also be al"'1 "loved fly fonilal action cif talc CItV f OL111{: il. Co nlillitted fund balance does s not IaDse at vea -i Ind. The Ioniial action i°c OUIred to c o nlillit 6:11'1 balaiwe shall be by r SC,11.1t1 o;r 111aloi`ltt `eC tt. Tf-1s; 1tt 01:111(;11 C.Jwli a' its S ; ud - it- - to cls` i1 11 f bbl; iwe f ()1- a sl ;s. cill( ul l' {,s fo;ll 11t,.. tll%� -m-al fl tllc Fiscal a, (fairs f'c,111111tt(e to tllc i'ity M;Iiiag r Cli` tllc ('1ty of` La Porte. FC 1° l 1:11 ; {„ C?f' f 1111(:( fl ll;lllc c c l;l lfglc ;1t1 1:t, l; rt(:fItE.2l w ;tl °k t ? �} l ;Cr1t f rill "1 1- strict (.f f111icf balaiwe f rrst ai-i f tllwr11.111NSH— ic:twcf. EXj)erccf1t1.11 i1.1c:1.1rred 111 tllw 1.MI SU ict( C.f f11n(.f balm -ices s ;ball be 1-educed first st f'roill ttlw Ci?1111111ttetf f11nt bala11CC. t1w11 fr(,11'1 tl1C Ctssl iwd f11nt balaiwe ai lastlt -. tllC M — ia` sl`.?iwd f11nt bala11Ce. The ( Itt {,1:1110 I ri C:o)`L£11iZ S tilat LOCK] f 1scal 11 ;Igau illi 11t c 1111)HSC S tllc fOLMidatioi -ial sI: !Dort of tflc ei 0tv. To iiiAe tliat simj)ort its i l fk ctl`e c as l3ossibl . tllc f Itt f (,1:111{:11 111tC ilds to ii ali hall - i a lllrr1r11111111 i 1:211%f b lai - ice of 2 ,% of w ('itv- <ueiwi -al f11nC ai al oMeratilItu e ei iditl.lre 11'a f1wid bala11Ce C ic)-s 6e1cml ?� it shah be r (.o ; i i- (:f at a 1 -ate of 1% « imi-i lliallt c ac 11 -,- ar Tbis D0HCV S11OUlcf be 1- `; lsit<(.f c ac 11 `C- ar fi 1- Staff develops a General Fund rate model, which is a rolling ten-year average multi-year financing plan that is used to forecast Near - end balances. By compiling all projected resources, General Fund disbursements, general capital needs and operating transfers, staff develops a rate model. If the rate model indicates an impending deficit, contingency* plans are developed to relieve those deficits such that current levels of excellent customer sen-ice may* be delivered without interruption to La Porte citizens. Status: In compliance. Other Operating Funds The City* shall strive to maintain a targeted resen-e of 60 to 90 days of operating capital in all other operating funds. Status: In compliance. Debt Service Funds The Debt Sen-ice Fund will strive to maintain a resen-e balance of 60 days of sen-ice requirements. Any excesses over this amount will be used over a sufficient length of time as to provide a minimum impact on the Citv's Interest and Sinking portion of the tax rate. Status: In compliance. Rate Stabilization Reserves The City* will maintain a prudent level of financial resources to protect against reducing sen-ice levels or raising taxes and fees because of temporary* revenue shortfalls. This will be accomplished through the establishment of rate stabilization resen-es, which will be targeted at a level of 90 days of operating expenditures. If a resen-e exceeds the target, the excess is designated as either a rate stabilization resen-e or transferred to the capital projects fund, to be reallocated as deemed necessary* during the budget process. In the event of weather- induced excesses, the funds may be used for either necessary* capital projects (to reduce incurring debt for capital improvements) or placed in the rate stabilization fund to mitigate weather- induced shortfalls. Resen-e and rate stabilization balances are analyzed annually* to identI Y funding progress. Where resen-es or rate stabilization balances exceed projections, the excess is anaIN-zed to determine if it needs to be reallocated or funding plans are developed within the 10 year rate model for resen-e or rate stabilization balances that do not meet projections. Status: The City is currently developing rate stabilization reserves in the Utility Fund. 4. DEBT POLICIES The objectives of the debt management policies is to maintain the City's ability* to incur present and future debt at minimal interest rates in amounts needed for infrastructure and economic development of the City* without endangering the City's ability* to finance essential City* sereices. Debt financing may include, but is not limited to, general obligation bonds, revenue bonds and certificates of obligation. The underlying asset that is being financed should have a longer useful life than the maturity* schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity* than purchasing assets outright, the use of financing will be carefully* evaluated to ensure that benefits, tangible and/or intangible derived from financing exceed the related financing costs. General obligation bonds or certificates of obligations The City* shall utilize tax supported general obligation bonds or certificates of obligations to finance only those capital improvements and long term assets which have been determined to be essential to the maintenance or development of the City*. Status: In compliance. Revenue supported bonds The City* shall utilize, where feasible, revenue supported or backed bonds to finance public improvements for its enterprise operations. Status: In compliance. Debt management The City* shall strive to maintain a balanced relationship between debt sere -ice requirements and current operating costs, encourage growth of the tax base, actively seek alternative funding sources, minimize interest costs and maximize investment rate of returns. Status: In compliance. Bond term The City* shall issue bonds with terms no longer than the economic useful life of the project. For revenue supported bonds, principal repayments and associated interest costs shall not exceed projected revenue streams. Status: In compliance. Debt Limits The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year and an analysis performed to determine the community s ability* to assume and support additional debt sen-ice payments. When appropriate the issuance of self - supporting revenue bonds and self - supporting general obligation bonds are also considered. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally* accepted standards of affordability* to the current values for the City*. Those standards may include measures such as: debt per capita, debt as a percent of assessed value, debt sen-ice payments as a percent of current revenues and /or current expenditures, and the level of overlapping net debt of all local taxing jurisdictions. The City* strives to achieve the standards at levels below the median industry* measures for cities of comparable size. Status: In compliance. Structure Bonds are generally* issued with an average life of 20 Nears or less for general obligation bonds or 20 Nears for revenue bonds. Typically* interest is paid in the first fiscal Near after a bond sale and principal is paid no later than the second fiscal Year after the debt is issued. A competitive bidding process is used in offering debt unless the issue warrants a negotiated bid. The city attempts to award bonds based on a true interest cost (TIC) basis; however upon the recommendation by the Director ofFinance, a net interest cost (NIC) approach may be used. City* staff is committed to providing full and continuous disclosure to rating agencies. Credit ratings are sought from the top three rating agencies as recommended by the Director of Finance. City* Staff uses a variety of resources to prepare information that may be useful to rating agencies during a bond rating. The Comprehensive Annual Financial Report (CAFR) contains an annual update of required continuing disclosure under Securities and Exchange Commission Rule 15c2 -12 concerning primary* and secondary* market disclosure. The CAFR and material events are reported to Nationally* Recognized Municipal Securities Information Repositories (NRMSIR's) according to timeframes required within the SEC ruling. Status: In compliance. Refundings City* staff and the city s financial advisor, monitor the municipal bond market for opportunities to obtain interest savings by refunding outstanding debt. As a general rule, the present value savings of a particular refunding should exceed 5% of the refunded maturities. 5. CAPITAL BUDGET POLICIES The objectik-e of the capital budget policies is to ensure that the City* maintains its public infrastructure in the most efficient manner. Capital improvement program Within the resources available each fiscal year, the City* shall maintain capital assets and infrastructure at a sufficient level to protect the City s investment to minimize future replacement and maintenance costs, and to maintain sen-ice levels. As part of the annual budget process, the City* shall prepare and adopt a five-year Capital Improvement Program, which shall detail each capital project, the estimated cost, and funding source. When considering new projects, related costs such as operations and maintenance costs are evaluated along with capital expenditures to assess affordability* prior to proposal of the projects. An adopted priority system shall be used to rank recommended projects. Capital Project summaries include the projects and funds necessary* over the next fire years as part of overall long -term capital planning. Major sources of funding for capital projects are Contributions from operating funds, debt issuance, Federal and State Grants, and surpluses in fund balances /retained earnings. Project costs are capitalized and added to the CityT's Fixed Assets. If a project does not meet the criteria for capitalization, the costs will be treated as operating expenses and expensed as incurred. Status: The City is developing a five year plan. (Currently have a three year plan) Operating budget impacts Operating expenditures (expenses) shall be programmed to include the cost of implementing the Capital Improvement Program and shall reflect estimates of all associated personal expenditures (expenses) and operating costs attributable to the capital outlays. Status: In compliance. Repair and replacement The City* shall maintain its physical assets at a level adequate to protect the City's capital investments and minimize future maintenance and replacement costs. The capital budget shall provide for the adequate maintenance, repair and orderly* replacement of the capital plant and equipment from current revenues where possible. Status: In compliance. Financing There are three basic methods of financing capital requirements: • Funds may be budgeted from current revenues • Purchases may* be financed through surplus unresen-ed /undesignated fund balance /retained earnings balances, subject to policy* Debt may* be issued in accordance with policy* (Items financed with debt must have useful liVes that are less than the maturity* of the debt.) 6. ACCOUNTING POLICIES The objectik-es of the accounting policies is to ensure that all financial transactions of the City* are carried out in accordance to the dictates of the City* Charter, State Statutes, and the principles of sound financial management. Accounting standards The City* shall establish and maintain accounting systems according to the generally* accepted accounting principles and standards (GAAP) of the Governmental Finance Officers Associations (GFOA) and the Governmental Accounting Standards Board (GASB). The central system shall be used for financial transactions of all City* departments. Status: In compliance. Internal Control The City* is responsible for establishing and maintaining an internal control structure designed to provide reasonable, but not absolute, assurance that the assets of the City* are protected from loss, theft, or misuse. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely* to be derived and (2) the valuation of costs and benefits require estimates and judgments by management. Status: In compliance. Annual audit An annual audit shall be performed by an independent accounting firm which will issue an official opinion on the annual financial statements with a management letter detailing areas that could be improved. The auditors must be a CPA firm that has the breadth and depth of staff to conduct the CityT's audit in accordance with generally* accepted auditing standards and contractual requirements. The auditors report on the City s financial statements must be completed in sufficient time such that the Comprehensive Annual Financial Report (CAFR) may be presented to the City Council at the second Council meeting in March following the fiscal year end. Status: In compliance. External Financial Reporting The Accounting Department prepares and publishes a comprehensive annual financial report (CAFR). The CAFR is the official annual report for the City* and contains appropriate statements, schedules and other information for the major operations of the City* and its component units. Also included is an official audit opinion, transmittal letter from management, and information that provides continuing disclosure as required by SEC Rule 15c2 -12. The CAFR is prepared in accordance with generally* accepted accounting principals. The CAFR is published and presented to the City* Council on the second City* Council meeting in March following the fiscal year end. The CAFR is distributed to appropriate federal/state agencies, and other users, including but not limited to, students, other cities, bondholders, city* staff, financial institutions, required information depositories, and others. The Single Audit report is prepared and presented to grantors no later than nine months following the fiscal year end. The Single Audit report lists the status and current operations of all federal/state and local funding awarded and received. The Accounting Department distributes monthly* reports that include schedules /statements that present interim results of operations and an executive summary*. The Accounting Department prepares such other reports as are sufficient for management to plan, monitor, and control the City s financial affairs. If delays will occur, the Director of Finance will notifiT City* Management and City* Council of the delay* and the underlying reasons. Status: In compliance. GFOA Certificate of Achievement Award The City shall annually submit necessary documentation to obtain the Certificate of Achievement for Excellence in Financial Reporting as awarded by the Governmental Finance Officers Association of the United States and Canada. Status: The City has been awarded the Certificate of Achievement for Excellence in Financial Reporting for the twenty- eighth consecutive year. 7. INVESTMENT POLICIES The objectives of the investment policies is to ensure that all revenues received by the City* are promptly* recorded and deposited in designated depositories, and if not immediately* required for payments of obligations, are placed in authorized investments earning interest income for the City* according to the adopted Investment Policy*. The Citv's formal Investment Policy*, as adopted by Ordinance 1802 on January* 13, 1992, governs the City's investments. Status: In compliance. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 12, 2011 Requested By Patrice Fogarty Department: City Secretary Report Resolution: X Ordinance: Exhibits: Harris County Appraisal District Memo Exhibits: Letter from Ed Heathcott Exhibits: Resolution Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The procedures for selecting members of the board of directors of the Harris County Appraisal District are as follows: cities and towns other than the City of Houston appoint one member by majority vote of their city council. The process for cities and towns involves two steps: nomination and election. The City is at the nomination stage. The City of La Porte is authorized to nominate by Resolution a single candidate to the Harris County Appraisal District Board of Directors for a two -year term commencing January 1, 2012. In the past, the City nominated Ed Heathcott. Mr. Heathcott is seeking re- election to the Board, and he asks the City for support and nomination. A copy of his letter is attached. The City has received no other requests for support. A resolution nominating the City's candidate must be sent to the Chief Appraiser of the HCAD no later than Friday, October 14, 2011. Action Required by Council: Should Council desire to nominate someone to the HCAD board of directors, staff recommends Council adopt this resolution naming their nominee. Approved for City Council Agenda Ron Bottoms, City Manager Date RECEIVED . 0 2 20 1 Harris Cor nh Appraisal District i SECRETARY'S Interoffice Memorandum OFFICE OFFICE OF CHIEF APPRAISER TO PRESIDING OFFICERS OF TAXING G UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM: JIM ROBINSON, CHIEF APPRAISER SUBJECT: SELECTION OF APPRAISAL DISTRICT BOARD MEMBERS DATE:. AUGUST 1, 2011 Your taxing unit participates in selecting members of the Harris County Appraisal District's board of directors. The beard is composed of six members who serve two -year terms, all of which expire December 3 1, 2011. This memorandum describes the process of selecting directors for the two -year term that begins January 1, 2012. Participating Units The current method of selecting directors was established by resolutions of the county, cities, and school districts participating in the appraisal district in 1981, and modified in 1991 after the law was changed to provide a voting entiticrnent to conservation and reclamation districts. Sec. &0 1, Tax Cade, authorizes an appraisal district to vary bath the size and the method of selecting its board members. The six members of the Harris County Appraisal :District's board of directors are selected as follows: • One member appointed by the Harris County Commissioners Court. • One inernber appointed by the Houston City- Council. • One member appointed by the beard of trustees of the Houston. Independent School District. One member appointed by votes of the city councils of the cities other than Houston. Each city council casts a single rote. The candidate who receives the most votes is elected. One member appointed by vote of the boards of trustees of the school districts other than Houston Independent School District. Each board casts a single rote. The candidate who receives the most votes is elected.. One member appointed by vote of the goveriiing bodies of those conservation and reclamation districts that levied a property tax in 2010 and also plan to levy in 2011. Each body casts a single vote. The candidate who receives the most votes is elected. Presiding Officers, August 1, 2011 Page In the event the county appoints someone ether than the county assessor - collector to the board, the county assessor - collector will serve ex officio in a non - voting capacity as a seventh member. Board members whose terms expire December )1, 2011, are: * Glenn Deters, ChainTian, representing conservation and reclatnation districts * Lawrence Marshall, Secretary, representing Houston ISIS Ed Heathcott, Member, representing cities & towns, except City of Houston * Gard Stein, Member, representing City of Houston Lion Summers, Member. representing Harris County Toni Trumbull, Member, representing school districts, except Houston ISIS Eligibility Requirements An individual must satisfy certain residency, employment, and conflict -of- interest requirements to be eligible to serve on the board of directors. Residency: The candidate must be a resident of Harris County, and must have resided in the county for at least two years immediately preceding the date he or she takes office. The appraisal . district's boundaries are the same as those for Harris County. Employment: An employee of a taxing unit served by the appraisal district may not serve, with one exception. An employee may serve if the employee is also a member of the governing body or an elected official of a taxing unit that participates in the district. For example, a member of the governing body of a school district who is also a city employee would be eligible to serve on the appraisal district's board of directors. Elected officials or members of governing bodies who are not employed by taxing units are also eligible to serve on the board.. Conflict-of-interest: A candidate may not serge if the candidate is related to a person who is in the business of appraising property= or represents property owners for a fee in proceedings in the appraisal district. Relatives barred are those within the second degree by consanguinity (Flood) or affinity (marriage). These persons include: spouse, children; brothers and sisters; parents; grandparents. and grandchildren. The spouse's relatives in the same degree are included. A candidate who contracts with the appraisal district for any purpose, or who contracts with a taxing unit served by the distract for a property tax related purpose, may not serve. The same rule applies to candidates who have a substantial interest in businesses contracting with the appraisal district (for any purpose) or with the taxin unit (for property tax purposes). A candidate; has a substantial interest if the candidate or the candidate's spouse has combined ownership of at least ten. percent (10 %) of the voting stock or :shares of the business. A candidate also has a substantial interest if the candidate or the candidate's spouse is a partner, limited partner, or an officer of the business. These prohibitions on contracting continue for the duration of the affected director's term of office. Presiding Officers, August 1, 2011 Page The appraisal district may not employ any person who is related to an appraisal district director within the second degree by affinity or the third degree by consanguinity. The provision applies to existing employees at the time the director takes office and to employees hired during the director's term. Delinquent taxes: Texas law snakes a person ineligible to serve as an appraisal district director if he or she has delinquent property taxes owing to any taxing unit 60 days after the person knew or should have known of the delinquency. Selection Procedures The procedures for selecting members of the board of directors for the two -yeas term beginning on January{ 1, 2012, are as follows: For Cities and Towns tither Than the City of Houston The cities and towns other than the City of Houston appoint one member by majority vote of their city council. The process for these cities and towns involves two steps: nomination and election. VURVIVIVITM The city council of each city and town has the right to nominate a single candidate for the position. To nominate., the goveining body must adopt a resolution nominating the candidate by fortal action. The mayor, as presidia), officer of the city council, must submit the nominee's naive to the chief appraiser of the Harris County !appraisal District no later than Friday, October IT 20110 The mayor must provide a certified copy of the resolution and may include a cover letter naming the nominee. IMIMIM On Monday, October 17, the chief appraiser will prepare a ballot listing the nominees in alphabetical order. The chief appraiser will deliver a copy of the ballot to the mayor of each voting city or town. Vo later than Thursdgv, December 15, 2011, each city council must cast its vote for one of the nominees, formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. Ballets received 4t- the chief appra see gfter December 15 may not be counted. The chief appraiser will count the votes, declare the results, and notify the winner, the nominees, and the managers of each city and town. A tie vote will be resolved by a method of chance chosen by the chief appraiser. For Conservation and Reclamation atio Districts The procedure and timetable for selecting the member who represents the conservation and reclamation districts are the same as that described above for small cities and school districts. Only those conservation and reclamation districts that levied a property tax in 2010 and intend to do so in 2011 may participate. For Chris Co q7, the City of Houston, and the Houston Independent School District By December 5, 2011, the governing body of each of these entities appoints a single; person to represent it on the board. Each governing body must formally adopt a resolution naming the person who will serve as a board member and submit it to the chief appraiser at the address shown below: Jinn Robinson Chief Appraiser Harris County Appraisal District 1'013 Northwest Freeway P. C. Box 9209 75 Houston, TX 77292 -0975 To assist you in this process, l have enclosed a suggested form of resolution for the nomination of a candidate to the board of directors of the Harris County Appraisal District. We invite your questions or comments on the board selection process. Please do not hesitate to call one at (71 3) 957 -5291. With kindest regards, Jinn Robinson Chief Appraiser Attachments c. HC AD Board Members Tax, Assessors Attorneys a Harris County Appraisal District 13013 Northwest Freeway P-0. Box 920975 Houston TX 77040 Houston TX 77292-0975 — Telephone: (713) 812-5800 Information Center (713) 957-7800 Mayor Louis R_ Rigby City of LaPorte 11 Vi RECEIVE Y '37"Ff� nz 14=447 M' Chef, ppraiser Jim Robinson Chief Deputy & General Counsel Sands L. Stiefer Assistant Chief Appraisers by Griscorn Teresa S. Terry Glenn Traylor Director of Information & Assistance Roland Al finger I am nearing the end of my second term of service on the Harris County Appraisal District (HCAD) Board representing suburban cities. With this letter, I am seeking re-election for my third term commencing January 1, 2012. KCAD will then coinjile a list of -nominees and draft a ballot which will be mailed towch cik. I in the 3 week of October. Each city must cast its vote by resolution for one of the nominees and this ballot must be returned to the Chief Appraiser no later than Thursday, December 15, 201 W reA LIT "0 s sfy,?P+7 In 7#14 re Should you have any questions, please do not hesitate to call. Sincerely, ISO!= =1111 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT FOR A TERM COMMENCING JANUARY 1, 2012, AND EXTENDING THROUGH DECEMBER 31, 2013. WHEREAS, those cities and towns other than the City of Houston within the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District for a term of office commencing on January 1, 2012, and extending through December 31, 2013; and WHEREAS, the City of La Porte desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 . That the facts and recitations set forth in the preamble of this Resolution are hereby adopted. Section 2. That the following named person is hereby nominated as a candidate for a position on the Board of Directors of the Harris County Central Appraisal District for the term commencing January 1, 2012, and extending through December 31, 2013. Nominee: Section 3 . That the presiding officer of the governing body of the City of La Porte is hereby directed to forward a certified copy of this Resolution to the chief appraiser of the Harris County Appraisal District no later than October 14, 2011. PASSED and APPROVED this 12 day of September, 2011. ATTEST: CITY OF LA PORTE By: Louis R. Rigby Mayor APPROVED: Patrice Fogarty Clark T. Askins City Secretary Assistant City Attorney Council Agenda Item September 12, 2011 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Safety Town — K. Adcox (b) Discussion or other action regarding a report from the Redistricting Committee — T. Tietjens (c) Discussion /workshop or other action regarding direction and input to the La Porte Development Corporation — R. Bottoms **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 9/12/11 Requested: LP Safety Town Committee Chair: Off_ Stan]e Report: X Resolution: Ordinance: Exhibits: Safety To« n Business Plan Exhibits: Po« er Point Presentation Exhibits Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On March 14, 2011 an update related to the proposed creation of a child Safety Town was provided to City Council. Following the presentation, Council requested that the Safety Town Committee conduct additional research regarding: 1. Additional land options for the construction of the facility; 2. Estimated costs of facility construction as well as on -going maintenance and operation costs; 3. The level of support the project, if approved, would likely receive from the community. The committee has completed its research and has included the requested information in a formal business plan, which is being provided to City Council. Further direction relating to the project is now being requested. Action Required by Council: Provide the Safety Town Committee with input and guidance relating to the proposed child Safety Town Project. Approved for City Council Agenda Ron Bottoms, City Manager Date a' XA La Porte Police e 3001 North Dear Honorable Council Persons: September 12, 2011 As previously presented, the Safety Town Committee, with representatives from Police, Fire, EMS and Parks as well as the LPISD, is proposing that the City of La Porte work toward building a Safety Town. Such a facility would help keep the children of La Porte out of harm's wav by providing an educational resource specially designed to teach a v ariete of safety topics, including bicycle /seatbelt /road safety, stranger danger /on -line predators, drug /alcohol resistance, fire prevention /safety, water /electrical safety, and severe weather /shelter in place procedures. At the heart of Safety Town would be a large interactive classroom facility, complete with computer labs, safety related displays and interactive home settings (to include a bedroom with simulated smoke and a severe weather kitchen). The exterior portions of Safety Town would include a scaled town- scape; complete with streets, sideij alks, crossi alks, traffic devices, and a railroad crossing, all designed to facilitate teaching of roadway safety. The attached Business Plan covers each of the three requests made by the La Porte Cite Council on March 14, 2011 relating to the construction of a Safety Town, including: • Alternative sites for the project, • Costs and funding projections; and • Information on the level of project interest and support from the community. In summary, the business plan details the pros and cons of each of three alternative sites for Safety Town, which include Central Park (600 block of San Jacinto), the site of the former Texas Air National Guard Amore (10800 block of Spencer), and a tract of Union Pacific Property (2200 block of Sens Road). The costs of construction of the Safety Town facility are estimated to be $2,265,000. Additionally, start up costs for Safetv Town, including equipment and furniture, are estimated to be approximately $122,000. Both of these amounts include a 10% contingence, bringing the total construction and start -up costs to $2,386,000. If approved by Cite Council, the Committee's intent would be to seek private and corporate donations to fund all initial construction and start -up costs associated with Safety Town. A $50,000, unsolicited, donation has already been received from the Albemarle Foundation. On -going annual operating, maintenance costs for Safety Town are estimated at $40,000, with an additional $51,000 estimated for Salaries, totaling $91,000. As a City program, these costs would be the responsibility of the City of La Porte, vet would be substantial) supplemented via revenue collected from the existing County Child Safety Fund as well as on -going replica facility maintenance assessments, outside user fees, and grants. With estimated supplemental revenues conservatively totaling $54,000, the total annual cost for the City would be roughly $37,000. The Safety Town concept has received an enthusiastic response from much of our community. The La Porte ISD Board, Chamber of Commerce, Plant Managers Group, and Local Emergence Planning Committee have all expressed their collective support for Safety Town and a strong willingness to help with the project. It is with this same enthusiasm that I submit, on behalf of the Safety Town Committee, the attached Business Plan for your consideration. We respectfully ask for City Council's support and guidance relating to the construction of a La Porte Safety Town. It is our belief that an educational program of this nature will enhance the level of safety for La Porte's 8,000 school -aged children, save lives, and improve the overall quality of life within our community. Sincereh-, Ken Adcox, Chief of Police Ron Bottoms Kenith Adcox City Manager Chief of Police Project Name: Safety Town Business Plan City rt , Texas Business Plan City of La Porte, Texas Project Name: Safety Town Business Plan Project Brief Introduction: City of La Porte, Texas This business plan is designed with the PRINCE (Projects IN Controlled Environments) format in mind. The format will include phases such as: 1. Description of Proposed Project; 2. Background; 3. Project Objectives and Targeted Market; 4. Constraints and Assumptions; 5. Project Tolerances; 6. Project Approach and Product Description; 7. Infrastructure and Finances; 8. Budget; 9. Proposed Funding; 10. Marketing; 11. Facility Design and Layout Description of Proposed Project: The idea of a Safety Town came to light after a tragic accident on March 10, 2010. A vehicle accidentally struck two young children while riding their bicycle in the roadway and both were seriously injured. Recognizing the need to educate and protect the children of our community relating to a variety of safety topics, including bicycle safety, the idea of Safety Town was broached by La Porte DARE Officer Yvonne Stanley. Officer Stanley and Sergeant Marcus Upchurch travelled to the City of Frisco, Texas, where a remarkably successful Safety Town is already in operation. There, they learned the basic concepts of Safety Town and brought back many ideas with enthusiasm, anxious to begin work on such a concept here. The concept was shared with other departments within the City of La Porte, as well as the La Porte Independent School District, and the idea was well received. At the heart of Safety Town is a large educational facility, complete with interactive classrooms, computer labs, and an array of safety related displays. The exterior portions of Safety Town would be constructed much like a movie set, complete with replicated streets, traffic control devices, scaled structures, etc. It is essentially a small scale replica of the community. There, children will learn in a controlled environment how to avoid common hazards ranging from fires, severe weather events, electrical dangers, seatbelt /road/ bicycle safety, drug /alcohol dangers, internet predators, and much more. Such learning experiences have the potential to save lives and prevent serious injury to our children. Project Name: Safety Town Business Plan Background: City of La Porte, Texas The prevailing concept of Safety Town for exposing children to safety education was developed in 1971 in Cleveland, Ohio. Since then, Safety Town facilities have sprung -up across the country. These have included areas such as: Pasco County, Florida; Naperville, Illinois; Lake Charles, Louisiana; Shreveport, Louisiana; Saline, Michigan; Long Island, New York; Elyria, Ohio; Greensboro, Ohio; Mansfield, Ohio; Altus, Oklahoma; Green Bay, Wisconsin, and Frisco, Texas, to name a few. Most of these facilities have been constructed and implemented within the past decade. The need for such a concept in our area is one of importance and can be considered an investment in safety and welfare of our children. Unfortunately, many parents simply do not have the time, expertise, and /or resources to fully educate their children about the many hazards that surround them. Schools and other facilities have little time to focus on safety education. This leaves our children exposed to dangers, many of which have the potential to cause death or serious bodily injury. The population of youths within not only our City, but in the metropolitan area and locales within driving distance, would greatly benefit from such a concept here. Safety Town would provide tremendous opportunities for our City to take the lead in educating our youth, and provide them with tools they need to stay safe. Just within the unincorporated areas of east Harris County, there are an estimated 38,000 children under 10 years of age who are enrolled in the 5 th grade or lower. The Safety Town concept has been immensely popular where implemented. However, there is no similar concept within close proximity to our City, or to the Houston metropolitan area. A facility of this nature in our area would draw much positive attention to our community and would benefit our children immensely. Project objectives and Target Market: Safety Town, once constructed and in operation, will provide children and parents the opportunity to learn safety skills and safety education, in order to protect themselves from injury and death. This is accomplished through a replication of various environments and the presentation of potential hazards within a safe setting, such as mock streets, scaled structures, and interactive classrooms. Such a venture is an investment in the most precious assets of our community, its children. Safety Town is proposed to be available for children of all ages in La Porte. It would also be available to children and youth oriented entities throughout the Houston metropolitan area. This would include school districts, nurseries /day care facilities, private schools, scouting groups, church youth groups, and other similar organizations. If needed, a small fee could be charged for groups outside the City of La Porte to assist with operating and maintenance costs associated with Safety Town. Project Name: Safety Town Business Plan City of La Porte, Texas There are approximately 8,000 students in the LPISD, with approximately 4,000 enrolled in grades K through 5. There are hundreds more in La Porte day care facilities, church groups and other youth organizations. Our surrounding communities and the greater Houston metropolitan area have literally hundreds of thousands more potential young children who could utilize the facility. Various special events would also be scheduled throughout the year, such as during Halloween and Christmas. Summer events could also be planned to provide family exposure, allowing parents to participate in the safety education process with their children. With the nearest similar facilities being located in Louisiana and north Texas, we are optimistic that such a facility here would be heavily utilized and well received. It would provide the City of La Porte with other advantages, such as additional retail business and advertising for our City. Constraints and Assumptions: It would be our goal to fully fund the construction of the facility, which ideally would be built on land already owned by or donated to the City, through private donations. Although off -set by contributions from the existing Country Child Safety Fund as well as other outside sources, perpetual operation and maintenance of the facility would have to be funded by the City of La Porte. With the goal in mind to fund the initial construction of the facility largely through sponsors, the challenge will be to solicit adequate funding to make this project a reality. There is an extensive pool of potential sponsors throughout our area, making this a real possibility. There has already been an interest expressed by many who have heard of the project and the possibility of its existence. Project Approach and Product Description: In order to make Safety Town a reality, there must be a cooperative, multi- faceted effort among several entities in the community. These various groups will include the City of La Porte, the La Porte Independent School District, retail businesses, and area industry. It is anticipated that the City of La Porte will take a lead role in providing staffing for the facility. This would involve a full -time employee who would serve as the Safety Town Director. Such an employee will be responsible for the scheduling of visiting groups and presenters, coordinating special events, handling telephone calls to the facility, fundraising, and meeting with persons at the facility to discuss potential visits, reservations and answer questions. This employee will also play a key role in providing routine inspection and coordinating maintenance, etc. Project Name: Safety Town Business Plan City of La Porte, Texas During scheduled visits by children and others, city employees, volunteers and sponsors will assist with duties such as speaking with groups, providing instruction and related duties. As for city employees, this will likely involve personnel from the police, fire, EMS and Parks departments, since they are heavily involved in safety issues, as well as employees from other departments. Volunteer staffers from area industries could also assist with staffing for visiting groups, as many are certified in areas relating to safety, security, and fire fighting. Maintenance and oversight of Safety Town once completed and in operation, will be carried out by the City of La Porte, through its various departments. The Advisory Council will provide for continuing guidance in the operation of the facility, marketing efforts, recruiting sponsors, and other aspects that are related to Safety Town. This body will assist in providing governing rules for the facility, input in to expansion or redesign proposals, and improvements and potential uses of the facility. The Advisory Council will include some members from the City of La Porte, La Porte Independent School District and private enterprises (to include some of the sponsors who have made donations and awarded grants). This vital group currently consists of: 1. La Porte Emergency Medical Service, Assistant Chief Lisa Camp 2. La Porte Fire Department, Assistant Chief Donald Ladd 3. La Porte Fire Marshall's Office, Assistant Fire Marshall Steven Simmons 4. La Porte Office of Emergency Management, Planner Kristin Gauthier 5. La Porte Office of Emergency Management, Coordinator Jeff Suggs 6. La Porte Parks and Recreation, Director Stephen Barr 7. La Porte Parks and Recreation, Recreation Superintendent Russell Capps 8. La Porte Parks and Recreation, Operations Manager Marlene Rigby 9. La Porte Police Department, Chief Ken Adcox 10. La Porte Police Department, Assistant Chief Ron Parker 11. La Porte Police Department, DARE Officer Yvonne Stanley 12. La Porte Public Works, Superintendent Lee Allen 13. La Porte Independent School District, Executive Director David Knowles While the project is only in the proposal phase at this time, as it progresses, it is anticipated that other valuable and key people will enter on to the scene to provide additional guidance and support. These persons will very likely come from the City of La Porte, La Porte Independent School District, and businesses /industries and the La Porte community. Once in operation, Safety Town will be open and available to the public for use. It is intended for use by school districts, youth groups, day care facilities, church groups, private schools, and other similar entities. The focus for children, and parents, will be related to the following concerns as examples: 1. Police: a uniformed police officer will teach children the basics of stranger danger, bullying, and drug and alcohol resistance. Students will also learn how to call 911 and, through simulated emergencies, practice seeking help; Project Name: Safety Town Business Plan City of La Porte, Texas 2. Water safety: children will receive instruction from certified lifeguards including basic rescue techniques and safe behaviour in and around the water; 3. Fire safety: children will interact with fire - fighters and learn the basics of fire safety, including "stop, drop and roll" and how to dial 911 in the event of an emergency. There will also be a practical, realistic environment where children can experience the sound of a smoke detector, and escaping from a smoke filled room, etc. 4. Street and bike safety: children will learn why seat belts are important when riding in a car, how to operate pedestrian traffic signals and cross streets safely, the basics of bicycle safety and the importance of wearing a helmet; 5. Parks and recreation: children will be educated on hiking and wilderness safety and the importance of respecting nature and their community, i.e. litter prevention; 6. Severe weather and disaster preparedness: during class, children will learn the difference between watch versus warning, where to seek shelter in severe weather or disaster situations, and how prepare a disaster supply kit. Children will be exposed to real to life simulated severe weather/ disaster situations and taught, hands -on how to appropriately react and fine a safe place; 7. Internet safety and personal information awareness: children will learn basic safety rules while on the internet. Using real to life examples, students will be shown how predators may attempt to target children using chat rooms, instant messages, etc. At the heart of Safety Town will be the educational facility, which will include a "Safety House ". The Safety House will duplicate elements normally found in a home, complete with kitchen, living room, bathroom, and a child's bedroom. Each of these rooms will be interactive classrooms intended to give students a hands -on learning experience in various safety concerns, while providing a realistic and familiar environment. Another unique element of Safety Town will be its outdoor townscape, which will be complete with paved streets, working traffic signals, street lamps, and scaled buildings representative of the La Porte community. Each of these elements will provide visiting children the opportunity to participate in hands -on learning in a safe setting. Infrastructure and Finances: Land- Potential Sites: A suitable land site for the project is required. The committee has identified three potential areas for consideration. These include the following properties: 1. 700 block San Jacinto, La Porte, TX (adjacent to Evelyn Kennedy Center); 2. 10700 block Spencer Highway, La Porte, TX (national guard armory property); 3. Location off of Sens Road, La Porte, TX (Union Pacific property). Project Name: Safety Town Business Plan City of La Porte, Texas Advantages /disadvantages to each site: 1. The San Jacinto location offers attractive property adjacent to a city swimming pool and Evelyn Kennedy recreation center, is in close proximity to an elementary school and middle school, is nearby Sylvan Beach Park, and is located on a corridor that ties in our downtown business district, the Plaza and Sylvan Beach Park. The property is owned by the City and the location would facilitate potential retail customers through the downtown business district. Potential parking would include current parking, some parking spaces with new construction and on G. Street at the Baseball Field. La Porte Jr. High, La Porte Elementary and La Porte High School could be used for additional overflow parking. However, the location is directly across from a residential area, which could potentially present negative concerns from residents there. Additionally, while Safety Town would become an additional park amenity if constructed at this site, it would require the removal of the existing swing -set and roller skate ring. 2. The Armory site is also owned by the City and is located on a major thoroughfare (Spencer Highway). It is also located very near major city assets such as Fire Station number 2, and Emergency Medical Services headquarters. The City has priority for use of the site, after abandonment by the Texas Air National Guard and is located directly adjacent to the City of La Porte Airport, which is city maintained. Utilities are already located on the site. Project Name: Safety Town Business Plan City of La Porte, Texas The location would have minimal negative impact on the residential areas on the south side of Spencer Highway since there is already an airport and a number of retail businesses in the immediate area, along with moderate vehicular traffic. Parking for the site would include existing parking in addition to additional parking added with construction. Rizzutto Elementary could be used for overflow parking. 3. The Union Pacific site would be located relatively close to both the La Porte Police Department and Fire Station #3. It would also be located relatively close to La Porte Independent School District transportation and maintenance, and agricultural facilities on Sens Road. This site would offer room for expansion and that would likely have minimal impact to residential areas. This site, however, is not yet owned by the City of La Porte. It is the property of Union Pacific Railroad, which has expressed an interest in perhaps donating the property to the City for the construction of Safety Town. This offer has not yet been approved the Union Pacific's corporate offices. Further, the site would require significant development, including utility line placement. Further, because of its relatively remote location, all parking used by Safety Town would have to be constructed. It is also a site that would offer fewer opportunities for out of town visitors to patronize retail businesses, since travel to this location would likely route directly off of State Highway 225. Depending on facility design, however, some mitigation could be required for the site, i.e. existing structures needing to be demolished /renovated and some utility lines would possibly require re- location. Project Name: Safety Town Business Plan City of La Porte, Texas Construction: The site of Safety Town is expected to be approximately 2 -3 acres. In addition to exterior landscaping, roads, sidewalks, and displays, the site is proposed to have a 6,000 square foot Educational Facility and approximately 12 smaller structures, estimated at 120 square foot each. Construction costs for structures are anticipated to be approximately $153.00 per square foot. As such, the costs of site buildings are roughly estimated at $1,138,320. Other costs associated with construction include engineering services, site preparation, parking, landscaping, and general infrastructure. These costs are roughly estimated at $920,000, bringing the total cost of construction to $2,264,152, which includes a 10% contingency fee. Start -up Equipment: Once operational, Safety Town would require the purchase of a great deal of start -up equipment. Start -up equipment would include furniture, computers, A/V equipment, assorted bicycles, and motorized mini -cars. Total costs for start -up equipment are detailed below and total approximately $121,990, including a 10% contingency fee. Operating and Maintenance Costs: Once operational, Safety Town regular costs would be associated with the day to day operation and maintenance of the facility and its operations. These costs would include general, educational, and marketing supplies, utilities, repair, and up -keep. Operating and Maintenance Costs are detailed below and are estimated at $40,000 annually. Project Name: Safety Town Business Plan City of La Porte, Texas Staff ng: As mentioned previously, staffing during scheduled group visits and special events will occur through volunteers, staffing from sponsors, and City of La Porte personnel. It is recommended that a one full -time staff person be employed as the Director of Safety Town. The Director would handle all day to day business associated with Safety Town, including scheduling, marketing, and fund - raising. This employee is suggested to be a Grade 16 ($15 $22 per hour) for pay and benefit purposes. They will be required to have knowledge of computer skills, proper telephone etiquette, technical knowledge to observe and report repair issues related to utilities and structures related to the site, and be responsible for maintaining a budget and perform all purchasing duties. Budget: Description Estimated Cost General Office Furniture Construction Professional Services $200,000 Site Preparation $220,000 Infrastructure $500,000 Education Center $918,000 Out - buildings (12X) $220,320 Contingency $205,832 Sub Total for Construction _$2.264.152 Start -up Equipment Protective Clothing /Uniforms General Office Furniture $60,000 10 folding tables at $50 /ea $500 50 stackable chairs at $40 /ea $2,000 Lecterns $400 AN cart $500 Classroom whiteboard $1500 Electric motorized mini -cars (12 @$500) $6,000 Classroom A/V Equipment (Start -up) $40,000 Contingency $11,090 Sub Total for Start -up Equipment 121 990 Sub Total for On -Time Construction/ Start -up Costs $2.386.142 Annual Operating and Maintenance Costs Protective Clothing /Uniforms $500 Minor Tools $200 Cleaning $1,500 Educational $4,000 Other Supplies $2,200 Office Supplies $2,400 Postage $1,000 Project Name: Safety Town Business Plan Fuel Reimbursement for Employee $200 Training /Seminars $2,500 Office Equipment (multi use copier /printer) $1,200 Building Maintenance $2000 Grounds Maintenance $2000 Rental of Equipment $500 Computer Lease Fees $800 Other Professional Services $1,500 Uniform /Towel Cleaning $600 Printing /Reproduction (Brochures, etc) $5,000 Electrical $9,600 Natural Gas $600 Telephone(s) $800 Water /Sewer $900 Sub Total for Operating Costs 40 000 Staffing Costs/ Safety Town Director 1 Fulltime Employee (Grade 16) $30,328 Overtime $2,265 Longevity $48 FICA (7.65 %) $2,310 Retirement (16.72 %) $7,314 Workers Comp (1.71 %) $516 Medical Insurance $8115 Life Insurance $36 Sub Total for Employee 50 932 City of La Porte, Texas Sub Total for On -going Annual Operating, Maintenance, and Salary Costs $90,932 Proposed Funding: Construction and Initial Start -up Costs: Funding is the most critical part of this project. It is proposed that funding for the initial construction of Safety Town and the start -up equipment needed for Safety Town be funded through a capital campaign designed to seek donations from the business and industrial community. A $50,000, unsolicited, donation has already been made by the Albemarle Foundation to help with this portion of the project. In addition to donating monies to build the required large Safety Town educational facility, local entities will be invited to construct small replicas of their stores or facilities inside safety town. The idea will be to create a scaled town - scape representing the City of La Porte. Participating businesses will be required to pay all costs associated with the construction of Project Name: Safety Town Business Plan City of La Porte, Texas each replica building, as well as provide annual funding in order to keep their company name on the building and cover associated maintenance costs. These will be outlined in a contract with a minimum three year commitment. The financial contributions of the industries can be negotiated during the period of the contract renewal. Donations for infrastructure will also be required to help construct the facility. Local businesses that have experience with infrastructure construction will be asked to provide services. In return these businesses could be advertised on all promotional items, walkways, donor walls and all other areas where advertisement would benefit those particular companies without cluttering the project itself. The names of these companies would be permanent through the life of the project, or as long as the infrastructure lasts. On -going Operating, Maintenance, and Staffing Costs: It is proposed that, as a City program, general operations, maintenance, and staffing of Safety Town should be provided and budgeted by the City of La Porte. These costs, however, will likely be significantly off -set by the County Child Safety Fund, grants, out of area student attendance fees, and continuing community donations. The City receives approximately $35,000 annually from Harris County to be used specifically for child safety programs. It is proposed that all of the Child Safety Funds be used to fund Safety Town. On -going funding will be also be allocated through local businesses and industries through the above mentioned annual maintenance assessments, which are anticipated to total $15,000 each year. Additional funding to support the operation and maintenance of Safety Town are also expected to be obtained through state /local /federal grants as well as on- going donations. Keeping each of these supplemental funding sources in mind, it is conservatively estimated that a minimum of $53,750 would be available each year to off -set the City's annual Operating, Maintenance, and Staffing cost. This would leave an estimated balance of $37,182 that would have to be covered through the City's general fund. Line item for annual available funding: I. Replica facility annual maintenance assessment: $15,000 (12 x $1250) II. Child Safety Fund: $35,000 III. Out of Area Student Attendance Fees: $3750 ($1.50 per student X 2500 students) IV. Grants (Unknown) V. Donations (Unknown) Note: Each of the listed project costs and funding expectations have been generally estimated based on current prices, project goals and expectations. Actual figures cannot be determined until the project is approved, commitments secured, and written estimates obtained. Depending on project time - frame, costs may have to be adjusted for inflation. Project Name: Safety Town Business Plan Marketing: City of La Porte, Texas Significant marketing efforts have already been made relating to the Safety Town Project. Foremost, the project has been continually spotlighted on the City of La Porte website. It has also seen extensive coverage though the local print media, including the former Bayshore Sun, Bay Area Observer, and Houston Chronicle newspaper. Additionally, Safety Town Committee members have been formally and informally sharing the project concept with area business and industry leaders with a great deal of interest being generated. If city council approves further progress on Safety Town, it is the committee's intention to earnestly approach potential sponsors in the private sector, soliciting donations, grant awards, and "in- kind" donations (labor, materials, equipment, etc.). There are numerous businesses in the immediate La Porte area, and larger metropolitan area, that present vast opportunities for funding through sponsorships. These opportunities include retail, industrial, refinery, chemical, service and many other types of entities and businesses. As indicated above, various news outlets, such as newspapers, radio stations and television stations, will also be approached and asked to assist in marketing the Safety Town concept and project. Through these efforts, the committee is optimistic that potential sponsors will come forward with a desire to participate and be part of Safety Town. Safety Town will also be added to the City's current marketing efforts through brochures at Texas visitor centers, websites and other venues that focus on area attractions. It is also suggested that a small gift shop be a part of the site. From this shop, items such as pencils, water bottles, T- shirts, and other small items may be purchased by visitors. These will then go out into the communities to further advertise La Porte Safety Town. The following Organizations have already been provided a formal presentation relating to Safety Town and have indicated their enthusiastic support and willingness to participate in the project if approved by City Council: • La Porte I.S.D. School Board • La Porte — Bayshore Chamber of Commerce • La Porte Plant Managers Group • Local Emergency Planning Committee (LEPC) • Citizens Police Academy Alumni • Union Pacific Railroad • Albermarle Note: Several Formal Letters of Support are attached. Project Name: Safety Town Business Plan City of La Porte, Texas Facility Design and Layout: August 9, 2011 City of LaPorte Address Re: Letter of Support for Safety Town Dear, UND AT I ON ' On behalf of the Albemarle Foundation and our commitment to community sustainability, I want to express the Albemarle Foundation's support for the City of LaPorte's Safety Town program. Our Foundation is proud to have committed $50,000 towards this innovative safety opportunity. Albemarle Corporation fundamentally believes in the importance of safety both at work and at home, it is a critical component to our continued success as a corporation and within our family units. It is my hope that this letter of support inspires others to get involved and make a real difference in our community. The why is easy, because having a program targeted at children and the many components of safety, in our community is valuable. Respectfully yours, Sandra Holub Executive Director, The Albemarle Foundation "' • BOX set / LA PORTE, TEXAS 1 996 PHONE La '"' .' Chamber of Commerce February S, 2011 Officer Yvonne Stanley La Porte Police Department 3001 North 23 Street La Porte, TX 77571 Dear Officer Stanley: I'm writing to you on behalf of the board of directors of the La Porte - Bayshore Chamber of Commerce. We are pleased to offer this letter of support for the proposed La Porte Safety Town. Your goal of constructing a Safety Town to provide a safe place for hands -on teaching and learning in a fun place for children of all ages will help our children in being safe in the "real world." Thank you for all that you and your fellow officers do for the children and the citizens of the La Porte - Bayshore area. Sincerely, Colleen Hicks, IOM President ME, 1002 San jau- Shreet La Por"Ite, Isremas 7',7571 MMM' 1� 'k, a pny G v e en, P"'re "dent Ch , Dhe e A n rx Tk amso n TV?Fryin'r Lee ric- I yr, eefev La Porte ,bridependertt School Dis sir 'd (28"0" 650-4-7001 F,�t, (281) 6014,7010 letter to communicate our strong suppoirt for the proposed La Porte Safety Town. Thanks to you and the entire Safety Town committee for the opportunity for the schoo-" d istrictto-pa rti ci pate in this important and timely initiative. M requests made by the La Porte City Council on March 14, 2011 relating to the construction of a Safety Town, including: Alternative sites for the project; Costs and funding projections; and v Information on the level of project interest and support from the community. The attached Business Plan covers each of the three Potential Sites for Safety Central Park (700 block of San Jacinto) The Former Texas Air National Guard Armory (10700 block of Spencer) if Union Pacific Property (2200 block of Sens Road) ,; Approximately 2 -3 acres 6,000 square foot Educational Facility ($153 sf) Approximately 12 smaller structures (120 sf each) Exterior landscaping, roads, sidewalks, and displays Description Professional Services Site Preparation Infrastructure Education Center Out - buildings (12X) Estimated Cost $200,000 $220,000 $500,000 $918,000 $220,320 Continency $205,,832 Total for Construction 2,264,152 Description General Office Furniture 10 folding tables at $50 /ea 50 stackable chairs at $40 /ea Lecterns AN cart Classroom whiteboard Estimated Cost $60,000 $500 $2,000 $400 $500 $1500 Electric motorized mini -cars (12 @$500) $6,000 Classroom A/V Equipment (Start -up) $40,.000 Contingencv $11,090 Total for Start -up Equipment $ 121 , 990 Total estimated construction and start-up costs for Safety Town $2,,386,,000. If approved by City Council, the Committee's intent would be to seek private and corporate donations to fund all initial construction and start -up costs associated with Safety Town. ,; A $50,000 donation has already been received from the Albemarle Foundation. Description Protective Clothing /Uniforms Minor Tools Cleaning Educational Estimated Cost $500 $200 $1,500 $4,000 $2,200 $2,400 $1,000 $200 $2,500 $1,200 Description Building Maintenance Grounds Maintenance Rental of Equipment Computer Lease Fees Estimated Cost Other Professional Services Other Supplies Office Supplies Postage Fuel Reimbursement for Employee Training /Seminars Office Equipment (multi -use copier /printer) Uniform /Towel Cleaning Printing /Reproduction Electrical Natural Gas Telephone(s) Wate r /Sewe r Total for Operating Costs $ 40,000 $2000 $2000 $500 $800 $1,500 $600 $5,000 $9,600 $600 $800 $900 Description 1 Fulltime Employee (Grade 16) Overtime Longevity FICA (7.65%) Retirement (16.72%) Workers Comp (1.71%) Medical Insurance Estimated Cost $30,328 $2,265 $48 $2,310 $7,314 $516 $8115 Life Insurance $36 Total for Employee $ 50 , 932 Operating, Maintenance, and Salary Costs $91,000 Responsibility of the City of La Porte Substantially supplemented via revenue collected from: 1. Replica facility annual maintenance assessment: $15,000 (12 x $1250) . Child Safety Fund: $35,000 3. Out of Area Student Attendance Fees: $3750 ($1.50 per student X 2500 students) 4. Grants (Unknown) 5. Donations (Unknown) With estimated supplemental revenues conservatively totaling $54,000, the total annual cost for the City would be roughly $37,000. Note: The City of La Porte's Child Safety Fund currently has a balance of $80,600. The Safety Town concept has received an enthusiastic response from much of our community, including: The La Porte ISD Board, * Chamber of Commerce, Plant Managers Group, and Local Emergency Planning Committee Thank you! Any Questions? REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibit: Letter from Redistricting Committee Exhibit: Proposed Council District Map Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Exhibit: District Map with Existing and Proposed Boundaries Exhibit: PowerPoint Presentation SUMMARY & RECOMMENDATION In Februaiv of 2010, City Council began appointing members of the La Porte 2010 Redistricting Committee in anticipation of the release of 2010 Census results. Following the release of the Census data in April, the Committee began working on their proposed plan/map for consideration by Mayor and City Council. The Committee worked throughout the summer to fulfill their mission, which is "To create a 2010 redistricting plan for City Council approval that uses the principles necessaiv to receive preclearance approval by the U.S. Department of Justice." The meetings, which were well- attended by the Committee, were open to the public with regular reports on progress. Staff assistance was provided by the Planning Department, including GIS, and La Porte legal counsel, as well as the contracted services of the Hobbv Center for the Studv of Texas, Rice University, and the Center for Public Polio*, University of Houston. This report and workshop is intended to present the proposed 2010 Redistricting Committee plan /map for Council's review and to explain the process the Committee worked through and concepts followed for U.S. Justice Department approval. Action Required by Council: Receive report from Staff and the 2010 Redistricting Committee, review plan /map, and provide direction. Approved for City Council Agenda Ron Bottoms, City Manager Date �r September 1, 2011 City of L �`. Established 1892 Dear Mayor Rigby and Members of La Porte City Council, On behalf of the 2010 La Porte Redistricting Committee, I am pleased to submit the proposed redistricting plan to City Council for consideration and approval. The Committee began in early June and worked throughout the summer in a series of open meetings in which 2000 and 2010 Census data were compared to the existing district map. Our mission was to create a 2010 redistricting plan for City Council approval that uses the principles necessary to receive preclearance approval by the U.S. Department of Justice. Those are: one person one vote, contiguity, compactness, minority representation, communities of interest, and we were also able to avoid incumbents being placed in the same district. We are confident that this plan is capable of receiving approval from the U.S. Justice Department. Under the U.S. Constitution, U.S. Census data must be used for redistricting. In 2000, the population of La Porte was 31,880. The 2010 Census reported our population at 33,800, however, we found the increase in growth was not evenly distributed throughout the city. Districts 2 and 6 would have to be reduced and districts 4 and 5 increased to achieve a roughly equal population in each district ( +- 5% of ideal population). We also found that the 2000 redistricting effort resulted in four census blocks being split amongst districts. Since the Census does not report below the block level, this presented a challenge. In order to document the proportion of those blocks in each district, we had to rely upon estimates using aerial photography and housing unit counts. We multiplied the housing unit counts by the average person per household rate provided by the census for those blocks, thereby confirming the official Census information applicable to those blocks. In our proposed plan map, we were able to reduce two of the four split blocks but the remaining two were too large to place in any one district and they remain split in our proposal today. There was an increase in Hispanic ethnicity in the City, however the population was very well dispersed throughout La Porte. The African American community, historically located in district 4, is present in numbers that are very close to those in the 2000 Census. We were able to make slight adjustments to that district in order to remain representative in roughly the same proportion as the last census. This again is a very important factor to receiving approval from the Justice Department. 604 W. Fairmont Pkwy. e La Porte, Texas 77571 * (281) 471 -5020 We recognize that there are subdivisions split by district lines in our proposal. While it is regrettable, it is to some degree unavoidable because of the complex principles we are mandated to follow. Please understand that we attempted to minimize this affect, and worked diligently to do so only to the degree necessary. Because we were able to make use of the La Porte GIS system for this effort, we were able to get numerical and geographical issue resolved quickly. We would like to thank Tim Tietjens, Brian Sterling, Peggy Lee of the Planning Department and Attorneys Clark and Knox Askins for their professionalism and dedication ensuring an effective outcome. They played a key role in facilitating and organizing our work, researching principles and crunching data. We look forward to a successful submittal to the Justice Department, and thank you for the confidence you have entrusted in each of us throughout this process. Sincerely, Chuck Harrington, Chairma 2010 La Porte Redistricting Committee C: Members of the 2010 Redistricting Committee City Manager's Office Planning Department Askins and Askins v LU ININK VaNNVHaasvwvaa w avoa �lva ' ie is ti siiwn niio Et 9ioiaisia ►t �.i i p `s r w 1aa1000`l = 43ui - *Ak Z , 00000v ®000 0000� 00000v ®000000000�m 00000� ®000 0000 t � ° CURRENT &PROPOSED COUNCIL DISTRICT \�C BOUNDARIES , YR„" ��� k ✓' RE NT COUNCIL DISTRICT BOUNDARY STRICT 1 PROPOSED oISTRICT2 PROPOSED a STRICT 3- PROPOSED .3� STRICT4- PROPOSED DISTRICTS PROPOSEDTy3�s .,.. ? STRICT S PROPOSED COMPARISON OF CURRENT AND PROPOSED COUNCIL DISTRICT BOUNDARIES �� 2010? 2. Were there any additional people staying here April 1, 2010 that you did not include in Question 1? 3. Is this house, apartment, or mobile home: owned with mortgage, owned without mortgage, rented, occupied without rent? 4. What is your telephone number? 5. Please provide information for each person living here. Start with a person here who owns or rents this house, apartment, or mobile home. If the owner or renter lives somewhere else, start with any adult living here. This will be Person 1. What is Person 1's name? 6. What is Person 1's sex? 7. What is Person 1's age and Date of Birth? 8. Is Person 1 of Hispanic, Latino or Spanish origin? 9. What is Person 1's race? 10. Does Person 1 sometimes live or stay somewhere else? 1. How many people were living or staying in this house, apartment, or mobile home on April 1, 4 LEVELS OF LOCAL CENSUS GEOGRAPHY: 1. PLACE 2. TRACT 3. BLOCK GROUP 4. BLOCK CENSUS GEOGRAPHY -� M-11,14vtomMAMMU MMM"t MRAIMM, Saw a w BLOCK 1018 POPULATION = 127 4 a 5 00 w x i r Lt d s � } s � � *y V CENSUS BLOCK a w BLOCK 1018 POPULATION = 127 ( %6z) saijo2alea aae.i asaul uiLlilm zIE6 = uoilejndod atuedsiH saaa�j +z aauj0 uaisy uaipul aawv �aal8 GINAA /OUO I 000 000 � 000 � 000`02 000`92 000`00 K F 9 Ram, M'� �� W - M S � -� W � M � TARGET POPULATION RANGE DIAGRAM (MM= FROM NMAL VERSION DISTRIBUTED AT lilW'I 1 MESTM OF RED M10TM COMMITTEE) ii� *, I II 1� +11� � 11� • r r * COUNCIL DISTRICT = IDEAL POP. mEsumm 2010 POPULATION d.rf a v o NmnWrr 2000 POPULATION �r�erwerrrr+a 'ESTIMATED 2010 POPULATION 1 2 3 4 6 MMMwilum-Ami • In a series of cases starting in 1962 known as the "one person, one vote" cases, the Supreme Court decided disparity violated the Constitution. Now, when districts are drawn, each district's population must be substantially equal. • "Substantial equality of population ": The Supreme Court has never said exactly how much equality is "substantial" equality. Over a series of cases, however, it has become generally accepted that the population difference between the largest and smallest legislative districts (the "total deviation ") may not be more than 10% of the district population. CCU N • Two sections of the Voting Rights Act are particularly relevant to redrawing district lines: Section 2 (which is permanent) and Section 5 (which was last renewed in 2006). • Section 2 prohibits any voting practice or procedure that results in the "denial or abridgement" of anyone's right to vote based on race, color, or minority language status. • A violation of this type is sometimes called "vote dilution." • Requires federal approval from the Department of Justice • This process is called "preclearance ". • New district plans will be precleared if they (1) are not intended to dilute racial and language minority votes, and (2) leave racial and language minority voters no worse off than they were before the redistricting, using old district lines but new population data. A contiguous district is a district where all parts of the district are physically connected to each other. EN MI MI • A district is generally considered compact if it has a fairly regular shape, with constituents all living relatively near each other. • Compact districts are based on the idea that people who live close to one another will likely form a community worthy of representation, with shared characteristics and common interests. d MI ti ti • A community of interest is a group of people concentrated in a geographic area who share similar interests and priorities — whether social, cultural, ethnic, economic, religious, or political. • As with other criteria, directly preserving communities of interest may involve tradeoffs to ensure that pockets of neighborhoods or regional communities with shared political interests are not split. • However, preserving communities of interest may also make it more difficult to ensure strict population equality, if different districts are different sizes within the city — and may result in non - compact lines if the communities are scattered or spread out. Council persons in La Porte must live in the district they represent. NMI 1�7 I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 9/12/11 Requested By: Stacey Osborne Department: CMO Report: Resolution: Exhibits: Ordinance: Appropriation Source of Funds: Account Number: N/A Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Board of the Directors of the La Porte Development Corporation (EDC) would like Council's direction on what Council priorities are for the Board and how Council views the role of the EDC. Primarily, the EDC Board would like to know what is important to the Council in terms of 4B dollars when the Board is evaluating, considering, and recommending projects. The following specific question was submitted by EDC Board member Bob Pizzitola for Council discussion: My primary question regards how the City Council sees our 4B Corporation. Is it viewed as a "funding source" for projects initiated by the Council or a "think tank" providing ideas and concepts to foster economic development for the community utilizing the tax generated funds toward completion? The EDC Board will meet again on Tuesday, September 13, at which time staff will report Council's direction. Action Required by Council: Provide direction for staff to report to the EDC Board of Directors. Approved for City Council Agenda Ron Bottoms, City Manager date Council Agenda Item September 12, 2011 12. COMMITTEE REPORTS (a) Receive Report from La Porte Development Corporation Board — Councilmember Engelken **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item September 12, 2011 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza (b) Receive report on Donation Clothing Bins — D. Wilmore **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 12, 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: Receive Drainage Report. Approved for City Council Agenda Ron Bottoms, City Manager Date CITY COUNCIL DRAINAGE REPORT September 12, 2011 Contract Design and Construction • Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookulen and Fairmont Park East. Pre - construction meeting held June 22, 2011. Construction contracts executed July 12, 2011. Contractor complete with work at Fern Rock and working on Brandridge. Contractor to mobilize to Lazy Brook and begin work on three locations after work at Brandridge is complete. CP gas working on offsetting gas conflicts and relocating gas mains at Stone Creek, Valley Brook, and Roseberry. Work orders have been completed and construction to start after work at Bandridge is complete. CP Electric processing work order to relocate power pole at Valley Brook. Design of relocation underway, estimated time for relocation is mid- October. • BrookWen Detention. Construction is substantially complete. • North and South 16 Streets. Design in progress; plans at 90 %. In -House Design and Construction of City- Initiated Projects. • South La Porte Bay Outfalls Oakhurst — Contracts have been executed and work began on August 24 • F -216 Regional Detention Project. Contracts have been executed and work is in progress. • City -Wide De- silting of Major Channels — Construction is complete. • Coordination with Harris County Flood Control District Recommending the Battleground Estates and Shady River Project for City Council Approval on September 12th. F101 -06 and B112 project have been postponed. 1 is contingent on HCFCD completing Hydro- excavation and PER. B112 is contingent on City of Pasadena future projects that may impact B 112. • Battleview Area Survey complete, design 75 %. • East Main. Design is 90% complete and pending HCPID approval. • Browning Street. Public Works scheduling work to add an equalizer pipe. • Adams Street. Public Works scheduling work to add an equalizer pipe and re- grade drainage ditch to 16 Street. 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 • In -Fill Drainage Maintenance. Public Works working on regrading ditches in Spenwick. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste September 12, 2011 Requested By: D. W ilmore for Mayor Rigby Department: Planning Report: X Resolution: Ordinance: Exhibits: Photos of Clothing Donation Bins Exhibits: Survey of Area Cities Exhibits: Recap of APA research Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In late JuIv, staff was asked if there are existing regulations on the placement and maintenance of clothing donation bins. In addition, staff was asked to survey* area cities on their regulations. • Currently* the City has no regulations on these bins. Included are photos of (9) clothing donation bin locations near city* hall. These sites were inspected on 08 -11 -2011, 08 -23 -11 and 08- 30 -11. As seen in the photos, (5) of the bin locations had items on the ground during those inspections. • Our (9) city* survey* included: Bas -Mown, Deer Park, Pasadena, Pearland, Seabrook, Friendswood, League City, Webster and Kemah. The first (4) cities "prohibit" the bins. Seabrook considers them as "accessoiv buildings" and require a site plan and one -time permit. The remaining (4) cities have no formal regulations but one of those cities currently* have regulations under review. Staff also contacted the American Planning Association regarding this subject. A brief recap of those findings is included with this report. At this time, staff is seeking direction from Council. Options could include: 1) No development of regulations and allow companies to continue operation with no change; 2) Direct the Planning & Zoning Commission to review the matter and develop regulations for Council consideration [Regulations could involve Chapter 106 (Zoning) and Chapter 34 (Environment)]; 3) Other direction. Action Required by Council: Receive report and provide staff with direction regarding clothing donation bins Approved for City Council Agenda Ron Bottoms, City Manager Date AUTO ZONE 301 W FAIRMONT PKWY 8 -11 -2011 OLD KROGER SITE 201 W FAIRMONT PKWY 8 -11 -2011 OLD KROGERS SITE 201 W FAIRMONT PKWY 8 -30 -2011 STRIP CENTER 900 BLK S BROADWAY 8 -11 -2011 STRIP CENTER 1000 BLK S BROADWAY 8 -11 -2011 STRIP CENTER 1000 BLK S BROADWAY 8 -11 -2011 STRIP CENTER 1000 BLK S BROADWAY 8 -23 -2011 MAGIC MARKET 108 S BROADWAY 8 -11 -2011 MAGIC MARKET 108 S BROADWAY 8 -23 -2011 MAGIC MARKET 108 S BROADWAY 8 -30 -2011 OLD LES MARK CHEVROLET 112 S 10 8 -11 -2011 OLD LES MARKS CHEVROLET 112 S 10 8 -30 -2011 KROGER PARKING LOT 1000 BLK S HWY 146 8 -11 -2011 STRIP CENTER 400 BLK E FAIRMONT PKWY 8 -11 -2011 City Contact Phone Number Current Policy Notes Baytown Christine Sandlin (281) 420 -6504 Not Allowed Not allowed effective October 4, 2009 Deer Park Sandra Watkins (281) 478 -7248 Not Allowed Not allowed effective January 1, 2011 Pasadena Linda Rorick (713) 475 -5513 Not Allowed Not allowed effective January 1, 2010 Per their Unified Development Code (UDC) - considered Pearland Lettie Garcia (281) 652 -1640 Not Allowed outside storage & is not allowed Treated as an accessory bldg, needs to get a permit with a site plan - 1 time permit, cost $35.00 - if debris, etc. become an issue violations are reported Seabrook Shawn Landis (281) 291 -5705 Permit Required to Code Enforcement accordingly Friendswood Becky Bennett (281) 996 -3201 Allowed No formal regulations, however currently under review No formal regulations, but do ask for meeting with site plan to make sure no ordinances are being violated League City Mark Lineschmidt (281) 554 -1078 Allowed (ex - required number of parking spaces) No formal regulations, but do ask for phone call or brief meeting to make sure other ordinances are not being violated as a result Webster Travis Tanner (281) 332 -1826 1 (281) Allowed (ex - required number of parking spaces) Kemah Kathy Pierce 334 -1611 Allowed No regulations S: \City Planning Share \04 - INSPECTIONS DIVISION \Inspections \Clothing Donation Bins Survey Aug 2011 Re -Cap of American Planning Association Research On Clothing Donation Bins (08/26/11) TEXAS: City of Allen Part of zoning provisions (outdoor storage & display) - permit required; donation boxes must be operated by certified nonprofit charitable organization; limited to (1) box per lot; prohibited in residential districts; may not be used as sign; boxes /surrounding area must be maintained in clean condition. City of Lewisville Part of building regulations (considered "temporary structure /use ") - bin to be utilized for charitable purposes & located on a nonprofit charitable organization's business operation lot; nonresidential lots & churches may have up to (2) bins; must be on concrete surface & not interfere with sight triangles, parking, setbacks, circulation & landscaping; size & height limit; may not overflow. City of The Colony Part of zoning provisions — boxes prohibited in residential districts; annual permit required; (1) box per lot; may not be located in fire lanes or parking spaces; box must be earth -toned & compatible with primary building (cannot be metal, fiberglass or cement); must be maintained in good condition. City of Pasadena Made part of Chapter 17 (Along with container yards, junkyards, second hand dealers, garage sales) — prohibits donation bins except for those used for recyclable paper or plastics or those operated by an adjacent storefront. OTHER STATES (Ohio, New Jersey, Alabama, Wisconsin & Illinois) Each comment represents a re -cap of the city township regulation. Requires annual Planning Commission approval as "temporary accessory structure "; must be for registered charitable organization; provides for allowable location, size and standards. Clothing recycling bin must be owned by registered charitable organization; allowable at town recycling center, churches, schools, municipal facilities & nonprofit facilities; annual permit; provides for bin removal & content disposal at public auction if violations are not addressed within (15) days of notification. Re -Cap of APA Research on Clothing Donation Bins Con't... . Page 2 Prohibited except for nonprofit or religious organizations can have (3) well - maintained, properly located, secure bins; standards provided; permit required. Detailed location /placement and display information requirements; license required. Regulations include maintenance, informational and location requirements. Application and public liability insurance required; standards provided to prevent nuisance accumulation of materials around boxes. Drop -off boxes only allowed on property used by nonprofit organizations; to benefit that organization; must be screened; non - enclosed donations considered a nuisance and may be removed by the city. Annual permit and fee; permit must be displayed on box; restrictions on bin locations. Bins for nonprofit organizations permitted in business districts. Boxes require application for permit and fee; box must be behind front setback line. S: City Planning Share 04-INSPECTIONS DIVISION`, Inspections`, Clothing Donation Bins Re-Cap of APA Research on Clothing Donation Bins.docx Council Agenda Item September 12, 2011 14. ADMINISTRATIVE REPORTS September 13, 2011— La Porte Development Corporation Board Meeting — 5:00 p.m. September 22, 2011 — Zoning Board of Adjustment Meeting — 6:00 p.m. September 26, 2011 — City Council Meeting — 6:00 p.m. **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item September 12, 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 Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard and Mayor Rigby *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item September 12, 2011 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. 17. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 18. ADJOURN **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **