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HomeMy WebLinkAbout09-26-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro -Tem Councilmember District 2 CITY COUNCIL MEETING AGENDA 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 26, 2011, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Father Gary Rickles — St. Mary's Catholic Church 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Mike Mosteit 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS 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 September 12, 2011 — P. Fogarty (b) Consider approval or other action authorizing a budget adjustment to increase the Golf Course Tunnel Improvement project total from $81,096 to $125,233 in Fund 049 — D. Mick (c) Consider approval or other action awarding Bid #11029 for Bay Forest Golf Course Pond Bulkhead Improvements —A. Osmond (d) Consider approval or other action awarding Bid #11027 and authorizing the City Manager to execute a contract for the Park Avenue Pedestrian Pathway and Sidewalk Replacement /Infill Project — S. Barr (e) Consider approval or other action regarding an Ordinance amending Chapter 50, Appendix A — Fees, of the Code of Ordinances of the City of La Porte, to increase fees for the Sylvan Beach Fishing Pier— S. Barr (f) Consider approval or other action authorizing the City Manager to execute a lease agreement with the Texas Commission on Environmental Quality (TCEQ) for the placement of atmospheric testing equipment at the La Porte Municipal Airport— D. Mick (g) Consider approval or other action regarding an Ordinance amending the Interlocal Agreement between the City of La Porte and Harris County for fixed route bus service with complementary paratransit services; and authorize the City Manager to execute Amendment No. 1 — R. Bottoms (h) Consider approval or other action authorizing the City Manager to enter into contracts for the annual supply of water and sewer materials — S. Cream 7. AUTHORIZATIONS (a) Consider approval or other action establishing the Tax Rate for the 2011 -2012 Fiscal Year, consisting 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 (b) Consider approval or other action regarding modifications to the City's Medical Plan and premiums, based on recommendation of the Chapter 172 Committee — H. Weger 8. PUBLIC HEARING AND ASSOCIATED ORDINANCE (a) Public Hearing to receive comments regarding condemnation of the substandard building at 1307 E. Main — D. Wilmore (b) Consider approval or other action of an ordinance condemning a building located at 1307 E. Main — D. Wilmore 9. ORDINANCES (a) Consider approval or other action of an ordinance repealing the exemption from collection of sales tax on telecommunication services under authority of Texas Tax Code Section 321.210 — M. Dolby 10. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding pedestrian and vehicular safety measures on Main Street, including but not limited to, traffic signals and cross walks — Mayor Rigby (b) Discussion or other action regarding drainage benefits from the Pasadena Convention Center improvements — T. Tietjens /Klotz & Associates (c) Discussion or other action regarding group homes (a /k /a community homes, residential personal care homes, living centers and assisted living centers) — D. Wilmore (d) Discussion or other action regarding a presentation by Marc Campos of Celanese Corporation on their project to convert natural gas into ethanol — Mayor Rigby 11. STAFF REPORTS (a) Receive report from Perdue, Brandon, Fielder, Collins & Mott regarding delinquent tax collection process — K. Powell (b) Receive CIP Update — T. Tietjens, S. Osborne, M. Boaze, D. Mick, J. Suggs, A. Osmond and S. Barr (c) Receive Drainage Report — J. Garza 12. ADMINISTRATIVE REPORTS (a) October 3, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. (b) October 3, 2011 — Joint La Porte Development Corporation Board and City Council Meeting — 6:00 p.m. (c) October 10, 2011 — City Council Meeting — 6:00 p.m. (d) October 24, 2011 — City Council Meeting — 6:00 p.m. 13. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor Rigby 14. 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. 15. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 16. 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 26, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on September 20, 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 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 SEPTEMBER 12, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, September 12, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:03 p.m. All members of Council were present. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Reverend Wayne Spears. 3. PLEDGE OF ALLEGIANCE - The pledge of allegiance was led by Councilmember Engelken. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS (a) Mayor Rigby, Police Chief Ken Adcox, Fire Chief Mike Boaze and EMS Chief Ray Nolen read a proclamation for the "Moment of Remembrance of September 11, 2001." 5. PUBLIC COMMENTS (Limited to five minutes per person.) Ted Powell, 1700 Roscoe, La Porte, addressed Council and expressed his opposition regarding Safety Town. Kathryn Aguilar, 3119 Fondren, La Porte, addressed Council and expressed her opposition of Safety Town. Deobra Dugie, 3118 Fondren, La Porte, addressed Council in support of safety town. Daniel Large, 201 Jamie Ct., La Porte, addressed Council and expressed concern regarding the Fairmont Bike Trail. He stated that in certain areas along the trail, there are poles situated that make it too narrow for bicycles to get through without causing an accident. Additionally, he opposes Safety Town. Crissy Stanley, 231 N. Forrest Ave., La Porte, addressed Council and expressed her support of Safety Town. Zoe Russell, 405 Bayshore, La Porte, addressed Council and expressed her opposition of Safety Town. Page 1 of 8 September 12, 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 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 Assistant City Attorney Clark Askins read the following captions of ordinances. Ordinance 3375, AN ORDINANCE REPEALING ORDINANCE 3366, APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, CONTAING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF Ordinance 3376, AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 187, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 7. AUTHORIZATIONS (a) Consider approval or other action appointing and /or reappointing members to various boards, commissions and committees — P. Fogarty City Secretary Patrice Fogarty presented a summary. Page 2 of 8 September 12, 2011, City Council Meeting Minutes Councilmember Zemanek nominated Martha Gillett to fill the vacant position on the Chapter 172 Employee Retiree Insurance and Benefits Committee Board. Councilmember Engelken concurred. Councilmember Leonard made a motion to reappoint all members to all boards and to appoint Martha Gillett to the Chapter 172 Board. Councilmember Engelken seconded. MOTION PASSED The vacant alternate position for the Chapter 172 Employee Retiree Insurance and Benefits Committee Board will be brought back at a future council meeting. (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 City Engineer Julian Garza presented a summary. Councilmember Zemanek questioned why council would need to approve the cost of the entire project at this time rather than simply approve Phase one at this time, since it is unknown whether Phase two will be necessary. Mr. Garza advised that the proposal can be amended at any time. Councilmember Zemanek moved to accept a proposal of $23,478.00 with reimbursables included (combined total $26,000.00) for the preliminary engineering designs of Battleground Estates and for $57,800.00 for the preliminary engineering designs of Shady River. Councilmember Martin 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 City of La Porte's Fiscal Year 2011- 2012 Proposed Budget — M. Dolby. The public hearing was opened at 6:55 p.m. Finance Director Dolby presented a summary of the Mission Statement, followed by the proposed FY 2011 -2012 budget. Councilmember Moser had questions about the insurance fund and also asked if the consultant of the Tax Increment Reinvestment Zone adheres to the same expenditure policy as the City does. Councilmember Zemanek questioned whether any changes to the insurance fund would increase out of pocket expenses to the employees. Councilmember Martin asked if a certain figure should remain in the contingency fund at all times. Public comments were taken. Phillip Hoot, 927 Seabreeze, asked if the City Manager's contingency fund could be used to pay employee stipends. Ted Powell, 1700 Roscoe, commented that the present drought has contributed to the road problems around the bridge on "E" Street just to the east of Ohio, and asked that a workshop be Page 3 of 8 September 12, 2011, City Council Meeting Minutes scheduled to see where the City is on making these repairs. He stated that he doesn't agree with giving all City employees a one -time stipend, but instead conduct a salary structure to ensure the salaries are in line and competitive with private industry. The public hearing closed at 8:03 p.m. (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 Assistant City Attorney Clark Askins Read Ordinance 3377, 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. Councilmember Engelken moved to approve the City of La Porte's fiscal year budget, as presented. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (c) Consider approval or other action regarding a resolution adopting the 2011 Appraisal Roll of the Harris County Appraisal District — M. Dolby Councilmember Clausen moved to approve the 2011 Appraisal Roll of the Harris County Appraisal District, as presented. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (d) Consider approval or other action 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 Councilmember Clausen moved to table this item to the Council meeting on the 26 of September. Councilmember Leonard 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 Appendix — A, "Fees, Solid Waste" of the Code of Ordinances by increasing the monthly Residential Dwelling Solid Waste Fee — M. Dolby Finance Director Michael Dolby presented a summary. Assistant City Attorney Clark Askins read the ordinance caption: Page 4 of 8 September 12, 2011, City Council Meeting Minutes Ordinance 3378, 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. Councilmember Clausen moved to adopt the ordinance as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Mosteit, Engelken, Leonard and Martin Nays: Moser, Kaminski and Zemanek 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 Finance Director Michael Dolby presented a summary. Assistant City Attorney Clark Askins read the caption of the resolution. Resolution 2011 -10, A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ESTABLISHING FUND BALANCE POLICIES AS REQUIRED BY GASB 54; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF Councilmember Engelken moved to adopt Resolution 2011 -10 as presented. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (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 City Secretary Patrice Fogarty presented a summary. Assistant City Attorney Clark Askins read the caption of the resolution. Resolution 2011 -11, 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 APPRAIASAL DISTRICT FOR A TERM COMMENCING JANUARY 1, 2012, AND EXTENDING THROUGH DECEMBER 31, 2013. Councilmember Martin moved to adopt Resolution 2011 -11 nominating Ed Heathcott as a candidate for a position on the Board of Directors of the Harris County Appraisal District as presented. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None City Council recessed for a break at 8:12 p.m. and reconvened at 8:23 p.m. Page 5 of 8 September 12, 2011, City Council Meeting Minutes 11. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Safety Town — K. Adcox Police Chief Ken Adcox discussed Safety Town as an educational classroom — a miniature city that will focus on ways to enhance safety in the community. Three assignments were brought up at the Council meeting in March of this year and he addressed those items as follows: Chief Adcox mentioned three proposed sites for building Safety Town. Other areas of the discussion included the costs that would be incurred by the necessity to move or add utility poles at the proposed locations, construction costs, operating and maintaining costs, annual cost for staffing of the facility, insuring the facility, noise concerns, and the level of average usage on a daily basis. Mayor Rigby asked if citizens and Councilmembers were approached in the proposed Districts in which Safety Town would be built to gather their input. Chief Adcox stated he has not spoken to any Councilmembers within those Districts outside of the council meetings, although he has spoken to a few citizens. He was also asked if there has been a reduction in accidents involving children in the cities which have built a Safety Town. Chief Adcox stated he will provide this information at a future meeting. Councilmember Leonard stated that the City should hold off on a Safety Town due to the state of the economy. Councilmember Mosteit has faith in the project as long as we can keep the costs to minimal or none, and still wants more information be brought back to council. Councilmember Clausen is in support of Safety Town, although he said that it requires additional research and planning to see what would best fit our community. Councilmember Moser asked if the LPISD school board has been asked to supply the land. He also stated he cannot commit to supporting Safety Town at this time. Councilmember Martin supports the Chief's plans and commended his fine job of presentation, although the level of interest is uncertain at this time. Councilmember Zemanek said that if all the money could be raised to build Safety Town, then the City should be able to supply the land to put it on. Councilmember Engelken still had questions but supports the concept. Councilmember Engelken made a motion to direct staff to move forward in the planning process and provide additional information, including options, that would spare the City from bearing the costs. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (b) Discussion or other action regarding a report from the Redistricting Committee — T. Tietjens Planning Director Tim Tietjens provided a report from the Redistricting Committee. Based on information provided in the 2010 Census report, there are a few areas within the city that still have "split blocks," most of which were able to be avoided, but still left two areas where they exist. Districts Six and Two had to shrink down to meet the ten percent parameter. Districts Four Page 6 of 8 September 12, 2011, City Council Meeting Minutes and Five needed to expand somewhat to remain within population requirements per district; so, the Committee recommended pulling from District Three. In order to give some of the population to District Two, District Three had to move west a little; and in doing so, shifted everything to the west. All changes must be pre - cleared through the Justice Department. Chuck Harrington introduced himself as the Committee Chairman of the Redistricting Committee and thanked Mr. Tietjens for the opportunity to work with him on this Committee. Councilmember Engelken asked if they could try to fix some of the "split streets," if at all possible. Councilmember Kaminski moved to take this proposed plan before the citizens in a public hearing. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski, Leonard and Martin Nays: None (c) Discussion/ workshop or other action regarding the direction and input to the La Porte Development Corporation - R. Bottoms City Manager Ron Bottoms presented a summary. Councilmember Martin recommended that the La Porte Development Corporation Board focus on expanding existing business opportunities, and also brainstorm for new development prospects. Councilmember Zemanek stated that the recent expenditures of the Board were considered "quality of life" improvements rather than economic development issues, which is determined to be within the guidelines of the laws of the Development Corporation Board. Councilmember Mosteit commented that the City Council and the Board members should both be addressing the same issues. It was the consensus of council to hold a joint meeting with the La Porte Development Board to discuss various issues. 12. COMMITTEE REPORTS (a) The La Porte Development Corporation Board meeting was cancelled due to lack of a quorum; there was no report at this time — Councilmember Engelken 13. STAFF REPORTS (a) Receive Drainage Report — J. Garza City Engineer Julian Garza provided a Drainage Report (b) Receive report on Donation Clothing Bins — D. Wilmore Chief Building Official Debbie Wilmore provided information on clothing donation bins. The Mayor directed staff to take this issue up with the Planning and Zoning Commission for input and guidance. Page 7 of 8 September 12, 2011, City Council Meeting Minutes 14. ADMINISTRATIVE REPORTS — R. Bottoms 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 All councilmembers thanked the Redistricting Committee and staff for their work. Councilmember Martin was wished a happy birthday, and Chief Adcox was thanked for his presentation. 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: 17. There was no Executive Session. 18. There being no further business, Councilmember made a motion to adjourn the meeting at 10:36 p. M. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on the 26 of September, 2011. Mayor Louis R. Rigby Page 8 of 8 September 12, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: D Mi Department: Public Works Report: Resolution: Ordinance Exhibits: December 13, 2010 agenda request Exhibits: Back -un Data Exhibits Budget Source of Funds: 049 Account Number: 04998929435110 Amount Budgeted S 81,096 Amount Requested: S 125,223 Budgeted Item: yes SUMMARY & RECOMMENDATION At the December 13, 2010 Council meeting, a contract with Matula and Matula construction Company was approved to replace South 8th Street from Fairmont to Little Cedar Bayou Drive with curb and gutter street and to replace the Golf course tunnel headwalls with SR type brick wall system. The contract bid sheet was prepared so that all of the extra items for both projects are in one section of the contract bid. The construction is essentially complete with only a portion of the sod remaining to complete and fence restoration. The total finds allocated for this contract was $606,509. The final cost is projected to be just Under $550,000, or 11% less than the total finds allocated with the original total amount authorized by city council. However, the sources for the finding should be revised. Council will note that the final expenditure summary provided on the following page is revised from the original contract request for the following reasons: To move $26,000 in costs for golf course- related items that was inadvertently included with the streets - related project cost in the original request. These costs include the contract line item #'s 1 and 3 Under "Extra Work Items" for Sodding ($5000) and Dewatering ($13,450) and an amount ($7,550) for soils testing; and 2. To address the cost over -run of approximately $18,127 on the golf course tunnel. This over - run was primarily the result of a low bid quantity for the segmental block wall (an additional $14,466 is required) and low contingency bid item for sodding (estimated cost to complete is $9,000 total - $5,000 provided = $4,000 additional needed); and 3. To modify the budget to account for a cost savings on the 8 Street improvements, which were the result of a field change designed to eliminate the need for much of the water line relocation and Unused built -in contingency with the line item quantities. Originally Approved by Council Adjust for Golf Course Items Originally Included in Streets Funds Revised Budget Total Estimate Construction Cost Estimate Testing Cost Estimate Final Cost 8 Street Improvements $525,413 - $ 26,000 $499,413 $408,919 $ 13,000 $421,919 Golf Course Total Tunnel Cost $ 81,096 +$26,000 $107,096 $117,723 $ 7,500 $125,223 $606,509 $606,509 $547,142 Staff Recommendation: Staff recommends that the city council authorize an additional expenditure from the G.O. bond fund (Fund 49) equal to $44,127 for the Golf Course Tunnel improvements. This will increase the total project cost share paid from this fund from the $81,096 originally requested to $125,223. This action will not increase the total amount of funds already allocated by city council for this project equal to $606,509. Action Required by Council: Authorize a budget adjustment to increase the Golf Course Tunnel Improvement project total from $81,096 to $125,223 in Fund 049. Approved for City Council Agenda Ron Bottoms City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13 2010 Requested By: S. Gillett Department: Public Works Report: X Resolution: Ordinance o . Exhibits: Bid Tabulation Appropriation Source of Funds: Funds 033 & 049 033 - 7071 -531 -1100 Account Number: 049 -9892- 943 -5110 $700,000 Amount Budgeted: $187,288 $525,413.30 Amount Requested: $ 81,096.00 Budgeted Item: YES Exhibits: Geotechnical Proposal SUMMARY & RECOMMENDATION On May 10, 2010, the City Council approved an agreement with Cobb Fendley & Associates to provide professional engineering services to provide design, bidding and construction phase services for the South 8' Street Paving and Drainage and Improvement Project. Cobb Fendley was previously engaged to design new headwalls for the Golf Course Tunnel. Bids were received and rejected for the Golf Course Tunnel on March 31" and July 26` because bids exceed the budget ($118,750 and $139,673 respectively). Staff combined the two projects to get better pricing on the Golf course Project. Bids were opened on November 16, 2010. A total of fourteen (14) bids were received (see attached bid tabulation). Low bid was submitted by Matula & Matula Construction, Inc., a contractor located in Lake Jackson, The Engineer has checked references and recommends award. Low bidder bid $100,891.70 for TexDOT -style retaining walls (formed concrete) for the Golf Course tunnel. The original concept was for Segmented Retaining Walls (decorative block construction). The Contractor has offered a $23,657.70 deduct to construct the segmented walls. Change Order No. 1 reflects this saving, and is recommended. The City has received a proposal for materials and soils testing for both projects from Professional Services Industries, Inc. (PSI) (proposal attached). The proposed budgets for both Projects are as follows: South gth Street Construction $473,064.30 5% Contingency 23,653.00 Materials Testing 28,696.00 Total $525,413.30 Golf Course Tunnel Walls $77,234.00 3,862.00 $81,096.00 Action Required by Council: Award bid for South 8 €h Street Paving and Drainage Improvements ($473,06430) and Golf Course Tunnel Walls ($77,234.00) and approve Change Order No. I to Matula & Matula Construction, Inc. for a total of $550,298.30, authorize contract with PSI for materials and soil testing services for a total of $28,696.00 and a 5% contingency of $27,515 ($23,653 — South 8"' and $3,862 — Golf Course). Approved for City Council Agenda c �- t -{ 1:- f�J Ron Bottoms, City Manager Date Mick, David Subject: FW: BayForest Golf Course - SR Wall Quantities Attachments: SR Wall Qty Plan.pdf; Matula Wall Qty.pdf; Step -up i nformation. pdf From: Pennell, Don Sent: Wednesday, September 14, 20113:10 PM To: Mick, David Subject: FW: BayForest Golf Course - SR Wall Quantities the additional amount to request for approval is 430 ft2 or $14,466.00. From: Heath Lyle fmai Ito: Hl_Yl_E@cobbfendley.com1 Seat: Wednesday, September 14, 2011 10:40 AM To: Pennell, Don; Osmond, Alex Cc. Clark, James Subject: BayForest Golf Course - SR Wall Quantities Don and Alex — Please find the attached quantity calculations and supporting information per our previous meeting. Based on my analysis of the attached information, I think the 2,280 sf that Matula and Matula submitted is pretty fair. I was skeptical of the quantities submitted at first, however I'm pretty sure that when Joerns put this deal together that the decision was made to get someone to put together the most economical set of wall design plans that they could and as a result it was extremely difficult to accurately estimate the quantities associated with how the tallest part of the wall at the entrances came together and also the step -up quantities that would be required to build it correctly. I believe that these issues account for the overage. Please let me know what your opinion is regarding this situation. Heath Lyle, P.E. Project Manager Municipal Dept. hlyle@cobbfendley.com Cobb, Fendley & Associates, Inc. TBPE Firm Registration No.274 13 43 0 Northwest Fwy, Suite 1100 1 Houston, TX 77040 Phone: (713) 462 -3242 1 Fax: (713) 462 -3262 1 SCALE: EXIST. GUARDRAIL TW=52 DD B BOX.Wq�C BW =46.00 I CULVERT r � GE GRID �. (� -� GEOGRI�O NOTES: 1. CONTRACTOR TO LAYOUT WALL IN FIELD FOR-APPROVAL BY ENGINEER /OWNER. PRIOR TO ANY WORK. 2. CONTRACTOR RESPONSIBLE FOR DETERMINATION OF ALL REQUIRED MATERIAL QUANTITIES. 3. CONTRACTOR MUST VERIFY ASSUMED SOIL PARAMETERS EXIST ON SITE. 4. SEE ATTACHED CALCULATIONS AND SECTIONS FOR GEOGRID ELEVATIONS, LENGTHS AND SIZE. •5. SLOPES SHOWN ARE GENERAL IN NATURE. COORDINATE WITH CIVIL ENGINEER TO FACILITATE DRAINAGE AND MINIMIZE EROSION, / �'aOGTI . =37.1 T Pb��„ ! � TW=S2. QD v� L BW =5 5 c fCr t C� Si as IOb 4 0,E r' 7tldJ.HENM 86937 9 Q GwS' H2B, INC. 7bm -Mkm Regbadbn No. mm 1225 N Loop W, Sake 900 NOUSMN.7X77008 71SM42900 CITY OF LA PORTE ' BAY FOREST GOLF' COURSE GJgJtp TUNNEL HEADWALL EXIST. INLET L � SLOPE Cov54euLIe FACE OF WALL EXIST. SUMP @ TOP ( TYP f 5 all FACE OF WALL BASE (TYP) PLAN NOTES: 1. CONTRACTOR TO LAYOUT WALL IN FIELD FOR-APPROVAL BY ENGINEER /OWNER. PRIOR TO ANY WORK. 2. CONTRACTOR RESPONSIBLE FOR DETERMINATION OF ALL REQUIRED MATERIAL QUANTITIES. 3. CONTRACTOR MUST VERIFY ASSUMED SOIL PARAMETERS EXIST ON SITE. 4. SEE ATTACHED CALCULATIONS AND SECTIONS FOR GEOGRID ELEVATIONS, LENGTHS AND SIZE. •5. SLOPES SHOWN ARE GENERAL IN NATURE. COORDINATE WITH CIVIL ENGINEER TO FACILITATE DRAINAGE AND MINIMIZE EROSION, / �'aOGTI . =37.1 T Pb��„ ! � TW=S2. QD v� L BW =5 5 c fCr t C� Si as IOb 4 0,E r' 7tldJ.HENM 86937 9 Q GwS' H2B, INC. 7bm -Mkm Regbadbn No. mm 1225 N Loop W, Sake 900 NOUSMN.7X77008 71SM42900 CITY OF LA PORTE ' BAY FOREST GOLF' COURSE GJgJtp TUNNEL HEADWALL City of LaPorte 8 "Street Pai hg and Drama a Im raverrrents BID FORM Section 0030 PROJECT MENTMCATIOX'. Street Paving antd (Drainage Improvements" for tots City of La forte PROJECT NUMBER: &EALED B10 #11047 TH15 BID IS'SUBMITM' TO. City of La ]Porte Attn: Purchasing Department 2936 North 2P'Sttrdet ' Ls Porte, Texas 77571 (hereinafter called. OWNER) I. 'The u tdersigaed Bidderproposes and agrees, if this Bid is acce}ited,to enterinto anAgraementwith OWNER imilieform includedin the ContractDocumentsto peil'orm and firnishall Work as specified'orindicated in.the. Contract Dbcuments for the Bid Mce and withlathd Bid Times indicated in -this Bidandinsccordance witth the tither terms and conditions of the Contract Deetnnents. 2. Didder accepts all of terms and conditions ofuD IIOfficial.NotimtoBiddemll and Iusimetions to Bidders, Including withoutlimitation those dealing with the disposition ofBid'Security. Ufm Bid will remain oft for the pededoftIm6specfEedin the / /OfficialNbticetoBidders /1 after the day ofBid opening. Bldderwillsijn and deliver thi required number of counterparts of the Agreement witli the Bonds, evidence of insurance coverage, and other documents required by the Bidding- Regafrements within 15 days after the date of OW)`Ti3R.'S Notice of Award, . 3. In spbmittiag this Bid, Bidder represents, as more fidlIy set forlh in the Agreement; that: a. Bfdder.ltas examined and carefally-studied all -the Bidding Documents and the following Addenda receipt•of all-which is hereby.acloiowledged: Addendum Addendum Date Nramber__ Signatdure b. Bidderhas visitedthe site andbeom:e fradniliar with and satisfied itself as totbe general, local, and site conditions that nosy affect cost; progress, Vmf6rmauoe and furnishing ofthe Work; c. Bidder is familiar with and ha's satisfied itself as to all federal, state; and local lavt+s and reguiatians that may affect cast, progress, performance, and fxnislddsg of thi *ork, Bidderacknowledgcs that OWARandENO MEERdanotassumeresponsfbifftyfortheamuracyor completeness of infomation i ml data 'shown. or indicated in the Bidding Documents with respect to Undergrowid Facilities at or contiguous to the site. Bfdder has o'btafned and carefully stadied (or 00309-1 City of LaPorte- 8' Street : : crndDrainagelxyrovema nts _ _ ` • BID E©RlM assumes responsibility for having done so) all such exautmations, investigation, explorations, test; studies, and data concerning conditions (swfaco,• subsurface, and Underground Facilities) at or contiguous to.the site of otherwise which may a0k cost, progress, performance yr furniihiug.o£tho Work orwhichrelate to any aspect ofthe weans, methods, techniques, sequences, andpzmadures of . constructiontobe employed byBiddef and safety prdautionsandprogramsincidentthere #o. Bidder dQesnot consider that any additional examInatlons, investigations, explorations, tests, studies or.data are necessary for the detcmhatiort of this Eid for performance and furnishing of the W orb in accordance with the time, pries, and other items and.conditaions of the Contract Documents. f Bidder is aware of the general nature of Work to beperformed by OWNER anA others at the site that . relates to Work for which this Bid is submitted as indicated in the Coptact Documents. g. Bidder has correlatod the information known to Bidder from information and observation obtained from visits to tho site, reports, and drawings identi:Ead in tho ContraetIlocum6ts and Al ad&dozral : examinations, investigations, explorations, tests, studios, and.datawitlt the ConiractDocunietits. IL L 4.' UNff JVRICE SCHEDULE As prd iu Paragraph 1 1.63 ofthe General Conditions estimated'quantities are notguarauteed, and determinations of actual quantities and classffication ars to be made by ENGWER as provided in Paragraph 9.08"of the General Conditions. Bidder. Has computed r dt prices as provided in Paragraph 11.43 of the General Conditions. A. BASF, BID UNIT ITEMS T'E NO. lDE SCR'iPTION Ul!O[T' ESTMATED#' QUANTITY UNIT 'PI UCH TOTAL' -COST GENERAL 1... 'Moblllzatzo� LS I 16IJ � , 2 Traffic Control and Regatations - {01555} LS. 1 3 Remove and Replace all sign: e LS 1 ' _'> 4 : 0e2r2 and Crinlbbin 02233 LS I 5 SWPPP Pwtectiort LS . 1 .6 Sodding' 02122) SX 4,270 2. 76% 7. . Trench Safety 01561 : LF 1,290 ' �_l) Bidder has given ENGMER written notice of all conflicts, errors, ambiguities, or discrepancios that Bidder Has discovered ln the Contract Documents and the written resolution f weojbyENrjD E FP fS . acceptabl$ to Bidder, and the Contract poounionts are generally sufficient 6 indicate and convey uudexstanding of all terms and conditions for perfo tg and furolshing the Work for w hich the Bid is- suiiniitted. . - • 'brie Bid is genuine and not made m thb interest ar on behalf of any undisclosed person, firm or corporation and is not submitted i a conformitywith any agreernent orrules of auy group, association, argauizaffoii or corporation; ]Bidderhas not directly orindirectty induced or solicited anyotherBidder to submit s false or sixatn Bid; Bidderlras zzat solicfted or .induced any person, brm or a corporation to refrain from bidding: and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. Bidder will complete the Work accordance with'the ContractDo6uezits for the following prices: 00300-2 City ofLa Porte 8 a AdDr nael proyemmt _ _ _BID FORA ITFIM ESTBUTED UNH. TOTAL NO. DESCRIPTION UNIT 'QUANTITY PRICE -COST 9 • Sogmental Retafi ft (SR) Wall at existim�g lift station; complet&in- Macs SF 85- o ` : 5p PANG - 9 Roadway Excayation (02315) STA 13. 10 7" Reinfoxced Concrete Pavement; coma lete-in- lace 02751 SY 4,060 ' 2 % 70 120 5 0 1I 6" Lime Stabilized Subgmde €?2336) • SY 4,840 2./Q !D ! � 0.a 12 6" Reinforced Concrete Garb 02771) LF 2,470 a I,: 00 13 Lime ft O2316 TON 102 4 0 i 2• 14 7 " Reinforced Concrete Driveways 027544 SY 450 8i. 4b 15 Header (02771 LF 85 q,40 .. 16- - Adjust Existing Wets, Ma*les, and Valve Boxes to Grade (0208 LS 1 7 4" Concrete Sidewa"k- complete4q place 02775" SF 11,615 3, 42 :�;„ sio 18 Curb Ramps, complete -in place 02775 EA' 4 1:9 _ HMC Base and Surface course, 6" thick (02'/11) TON 85 14 3, 3 0 12 M o so 20 5" Cvricrete Trail, Complete -in -place (Refer to sidewalk dotail for bar p lacement and cowtrwflon) SF 490 s O YDEMOLMO N 21 Remove and Dimoso Of Pavement., Street, Drives,*and Sidewalk, All Mktmesses'(02221 ). SY 4,115 2.44) 22 Remove and•Dispose'of Storm Sower - pipe size 24" and less 02221 LF - 410 9. W J 1, 23 _ Remove and Dispose of•Storm Sewer -pipe size 36 ", including- associated: Odfs and m aisc. concrete (02221) . LF 120 q, 0 ! O A 24 Abandon Storm Sewer Qutfall • ' 02222 EA .3 546. 1,639.40 . STORM[ SEWER 25 Type A fillet with concrete apron, chin Iete -in -place (02633) EA . A p 26 Type C Inlet (02633)- EA t,2 � 0 e C2 Inlet ,02633 � EA . ! pq 2 00300-1 • 4 ; City of LaPorte S .acrd D.raina a Im rovernents 13ID FOIE 0000 4 USED n C 6:1 TU NNEL , " DESCRIPTION UN'I'T ESTIMATED ' UANTITY UNIT PRICE -TOTAL COST. RNO.. $ e C Manhole 02633 EA 7 1S" HDPE Storm Sewer (0263 1) LF 43 41,40' Z 30 1'24" UDPE,Storm Sewer 0.2631 LF ' 404 146. .t) /9 m 31 30'° HDP Storm Sewer 02631) LF 434 Y' 2 3 . 32 36" HDPE Storm Sewer, induft fabricated elbows per pla (063 1) LF .409 a" d`7 Q Z 33 Concrete Channel Repair (Storm Sewer Outfall)'(02631). SY. 50 56 .9 2..? S 0 34 klT RAP (02631) CY 20 I r fO ' I . WA.UR.LM 35 : 8" PVC Open -C�t Waterline, inc. all gate valves and ritfings, complate-an- �ace (02511 LF 60' 25. 50 i F30' .36 8" X 8" Tapping Sleeve & Valve (02525. EA 2. a 37 Cut, plug, and clamp hqd al and6n existing 8" waterline and transfer all servicea (0251 1 EA 1 1' 7] a 2 1 3- id BASE BID ITEM SUBTOTA[., EXTRA W ORK ITEMS 17L�2 17 n [�/i L OOO - 2A 1-5 1010,9 11 0 41 2 ' droxnulch seedffi 02921) SY 1,OU0 R � g p 3 Dewaig (0157$) LF 500' 2� 4 3/4 diameter polyethylene serdee line wlmeter relocation and new meter box, lanig side (02512) .: EA. . 5 5 Chain I tDk fence, move and reinstall at li#.staon if re Hired)' LF 100 296 0 . 1 , 6 e C 114anhole • 02633. ' EA .- ,4o °7 f 7 $" Wet Connection (02513 ) EA 2 8 Concrete Slope Paving -- 4" thick with #3 bars 18" O.C. EA. Way SF 100 EXTRA MORK ITEM SUBTOTAL LO BASE SID ITEM TOTAL . 1- 134 0000 4 USED n C 6:1 TU NNEL , r city of La Porte S Paving and Drgka e I ts BID FORM _NOTE: ALL EXTRA UNIT ITEMS ARE TO CORMPOND WITH BASE UNIT ITEMS. EXTRA • uT mMS ARE ADDITIONAL. QUANTITIES OF OENERAL ITEMS Wk fCII MAY OR MA Y NOT BE •NECESSARY FOR TI-F PROJECT. ENTER THE SAME UNIT PRICE FOR GENERAL, AND EXTRA UNIT $ TOTAL BASE DID-P CI+; - (STJM OF BASE BID SUBTOTAL AND EXTItA'kfEM SUBTOTAL) . ca - ALTERNATE BID UNff UIEMS ALTERNATE D11) ITEMS — APPEINDIE. A, GOLD CART TUNNEL Tunnia l Headwall, either Segmental Black (SR. Wall) or 6steiriel'lace Concrete (TICDOT 1 Wall) per Appendix A, includes demolition, SF 3193 wall., and wall backfill; complete in place per App A. 26,70 .?5; ' /.'7© 2 Fill in area of Cannel mtrance CY 600 20.10 12 060.00 3 Electrical Items — Lights, Sump Pm p as per LS I Appendix A scope desexiptior' �, Q. QD Z, 940, d SUBTOTAL ALTERNATE -BID PRICK Do TOTAL IIASIa.BID PLU'S ALTERNATE DID PRWE . '7 '�1 a , 0 Q (ADD TOTALS FOR B AND Q 5.. Bidder agrees that the Work will he substantially completed and completed and ready for fifiai pa ynient -in accordance with Paragraph 14 of the General Conditions on or before the dates or within the numb er_ of calendar days indicated in the Agreement. 6. , Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ' 7. The following documents are attached to and made a condition of this Bid:.. a. ' Required Bid Security in. the forin of Certified Creek or Bid Bond in the amount of percent. b. Ifrequired, Bid Qualification Statement with supporting data par Instruction to Bidders 3.2,and3.3.- 8. Communications concerning this Bid shall be addressed. to Bidder as indicated below: 00300-5 PROJECT: Alh Street Paving and Drainage Improq-- ATTACHMENT "Ai` R DESCRIPTION OF CHANGES FOR CHANGE ORDER 1 UESCRYMON OF CHANGES: Revise the scope of work by changing the construction to the preferred SR Wall typo from the TXDOT Wall type that the contractor initially chose to bid. I ALTERNATE BID ITEMS Tunnel Headwall, either Segmental Block or Cast -in - Place Concrete per Appendix A, includes demolition, wall, and wall TXOOTWaII SF 3,is3 $ 28.8[3 $ 85,891.70 bacl*]; complete In place per App A SR Wall SF �[ 1,g50 I"i $ 33.64 $ 82,234.00 ALTERNATE BID ITEMS DEDUCT $ (23,857.70) 1of1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Alex Osmond Department: Golf Course Report: Resolution: Ordinance Exhibits: 1. Bid List Exhibits: 2. Bid Tabulation Budget Source of Funds Fund 038 (transfer to Fund 015) Account: 015 -9892- 706 -1100 Amount Budgeted: $360,000 Amount Requested: $303,431.25 Budgeted Item: YES SUMMARY & RECOMMENDATION In September 2010, City Council approved a budget of $360,000 to constrict additional wooden bulkheads at various locations throughout the course. A request for bid no. 11029 was submitted to thirty -three (33) constriction companies and three (3) plan rooms with four (4) bidders submitting a proposal. Crawley Shoreline submitted the low bid of $275,912.25, which includes the base bid plus Bid Alternate No. 1. The base bid encompasses the constriction of approximately 2,383 linear feet of bulkhead and the excavation of 4,450 cubic yards of earthen material. Alternate No.l addresses the disposal of the excavated material. Crawley Shoreline demonstrated their professionalism during the recent reconstruction of the Sylvan Beach Pier. Since Crawley Shoreline submitted the low bid and has an excellent working relationship with the City, staff recommends authorizing the City Manager to enter into a contract with Crawley Shoreline in the amount of 275,912.25 plus a 10% constriction contingency in the amount of $27,519, for a total contract amount of $303,431.25. Project Benefits, Liabilities and Annual Operation Cost When the course was constricted in 1988 the ponds had an approximate water depth of 5' -6', whereas today due to erosion, 2' -3' is an average depth. Over the years the erosion has not only naturally evolved but the speed at which the erosion has taken place can be attributed to a family of rodents (nutria rats) as well. In the area of Green Seventeen, about 7 -10 feet of bank has been lost to erosion. The City could defer the installation of bulkheads for future years; however in doing so, the erosion will continue and the unit cost to constrict will likely increase. The bulkhead unit cost in 2009 -2010 was about $80 per linear foot, whereas the low bid unit price this year is $84 and the 2nd and 3rd bidders came in around $95. Action Required by Council: To consider authorizing the City Manager to enter into contract with Crawley Shoreline in the amount of $275,912.25 and create a 10% construction contingency amounting to $27,519 for a project total of $303,431.25. Approved for City Council Agenda Ron Bottoms, City Manager Date SEALED BID #11029 Bay Forest GC Pond & Bulkhead Improvements Texas Boathouse and Pier Cherry Demolition 28931 Smugglers Court 6131 Selinsky Rd. (HUB VENDOR) Huffman, TX 77336 Houston, TX 77048 MB Western Industrial Contracting Co. Gulf States Demolition PO Box 5399 526 Kingwood Dr. #132 Pasadena, TX 77508 Kingwood, TX 77339 Marine, Inc. A & R Demolition 402 Bay Ave South 13201 FM 812 Kemah, TX 77565 Del Valle, TX 78617 Padgett Shoreline Construction, Inc. E.W. Wells Group PO Box 165 3100 Main St. # 45 Bacliff, TX 77518 Dallas, TX 75226 Peninsula Marine Towing and Salvage Huffman Construction, Inc. PO Box 501 761 Cherokee Ave. Port Bolivar, TX 77650 Port Neches, TX 77651 Crawley Shoreline Construction Sea Quest Recovery LLC 225 Jordan 1772 Hialeah Dr. Baytown, TX 77520 Seabrook, TX 77586 TDC Constructors, Inc. Anderson Excavating Co. P.O. Box 6139 920 Dorcas St. Kingwood, TX 77325 Omaha, NE 68108 Lester Contracting, Inc. Bidnet P.O. Box 986 20A Railroad Ave. Port Lavaca, TX 77979 Albany, New York 12205 AAR Incorporated CDC News 6640 Signat Rd. (HUB VENDOR) 4201 W Parmer Ln Suite A200 Houston, TX 77041 Austin, TX 78727 Boyer, Inc. AGC of Texas (Planroom) 8904 Fairbanks N.Houston Rd. 2400 Augusta Dr Suite 180 Houston, TX 77064 (HUB VENDOR) Houston, TX 77057 Llexell Inc. 2823 W Euless Blvd Euless, TX 76040 Pro -ROV Services 7514 Girard Ave. San Diego, CA 92037 Electric & Automation of Texas 905 South 8 St. LaPorte, TX 77571 Forde Construction Co. 6842 Calle Lozano St. Houston, TX 77041 Intermodel Facility & Maintenance 204 Schilling Baytown, TX 77520 Construction Unlimited 303 Clark Lake Rd. Kemah, TX 77565 Dobs Data PO Box 55546 Houston, TX 77255 American Timber And Steel Corp PO Box 767 Norwalk, Ohio 44857 -0767 Houston AGC /ISQFT (Planroom) 3825 Dacoma St Houston, TX 77092 Complete Electrical Services PO Box 512 Seabrook, TX 77586 Amtek 4001 Sherwood Houston, TX 77092 Signature Bridge, Inc 36445 Biltmore Place Unit B -1 Willoughby, OH 44049 G.W. Phillips, Inc 117 Oates Houston, TX 77013 Crane Materials International 4501 Circle 75 Parkway, Suite E -5370 Atlanta, Georgia 30339 The Fence, Deck and Patio Co. 1505 Neptune Houston, TX 77062 DoCa Construction PO Box 16891 Houston, TX 77222 BID TABULATION #11029 BAY FOREST GOLF COURSE POND BULKHEAD IMPROVEMENTS DESCRIPTION UOM QTY CRAWLEY SHORELINE Unit Price Extension MARINE, INC. Unit Price Extension PADGETT SHORELINE Unit Price Extension K &P FAB. LLC Unit Price Extension Hole #7 1 Construct Wooden Bulkhead Complete and in place CY 212 $ 84.00 $ 17,808.00 $ 93.00 $ 19,716.00 $ 96.40 $ 20,436.80 $ 269.50 $ 57,134.00 2 Remove Pond Spoils CY 328 $ 3.50 $ 1,148.00 $ 3.90 $ 1,279.20 $ 5.25 $ 1,722.00 $ 28.76 $ 9,433.28 Hole #9 3 Construct Wooden Bulkhead LF 266 $ 84.00 $ 22,344.00 $ 93.00 $ 24,738.00 $ 96.40 $ 25,642.40 $ 269.50 $ 71,687.00 4 Remove Pond Spoils CY 1,261 $ 5.00 $ 6,305.00 $ 3.90 $ 4,917.90 $ 5.25 $ 6,620.25 $ 33.91 $ 42,760.51 Hole #11 5 Construct Wooden Bulkhead LF 805 $ 84.00 $ 67,620.00 $ 93.00 $ 74,865.00 $ 96.40 $ 77,602.00 $ 269.50 $ 216,947.50 6 Remove Pond Spoils CY 752 $ 5.00 $ 3,760.00 $ 3.90 $ 2,932.80 $ 5.25 $ 3,948.00 $ 27.81 $ 20,913.12 Hole #15 7 Construct Wooden Bulkhead LF 864 $ 84.00 $ 72,576.00 $ 93.00 $ 80,352.00 $ 96.40 $ 83,289.60 $ 269.50 $ 232,848.00 8 Remove Pond Spoils CY 742 $ 5.00 $ 3,710.00 $ 3.90 $ 2,893.80 $ 5.25 $ 3,895.50 $ 27.77 $ 20,605.34 Hole #17 9 Construct Wooden Bulkhead LF 232 $ 84.00 $ 19,488.00 $ 93.00 $ 21,576.00 $ 96.40 $ 22,364.80 $ 269.50 $ 62,524.00 10 Remove Pond Spoils CY 537 $ 5.00 $ 2,685.00 $ 3.90 $ 2,094.30 $ 5.25 $ 2,819.25 $ 35.40 $ 19,009.80 Hole #18 11 Construct Wooden Bulkhead LF 304 $ 84.00 $ 25,536.00 $ 93.00 $ 28,272.00 $ 96.40 $ 29,305.60 $ 269.50 $ 81,928.00 12 Remove Pond Spoils CY 829 $ 3.50 $ 2,901.50 $ 3.90 $ 3,233.10 $ 5.25 $ 4,352.25 $ 33.24 $ 27,555.96 Total Base Bid Items 1 -12 $ 245,881.50 $ 266,870.10 $ 281,998.45 $ 863,346.51 Alternate Bid 13 Disposal of Pond Spoils Offsite CY 4,449 $ 6.75 $ 30,030.75 $ 4.50 $ 20,020.50 $ 15.25 $ 67,847.25 $ 18.34 $ 81,594.66 14 Disposal of Pond Spoils Onsite CY 4,449 $ 4.61 $ 20,509.89 $ 3.90 $ 17,351.10 $ 5.25 $ 23,357.25 $ 13.55 $ 60,283.95 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Stephen L. Bair Department: Parks & Recieation Report: X Resolution: Ordinance: Exhibits: Bidder List Exhibits: Bid Tabulation #11027 Exhibits: Confirmation from Brooks Honoiina_ Pricing_ Exhibits: Map of Park Avenue Pathway Exhibits: Map of Luella SidewaW Exhibits: hiftIVReplacement List for Sideivall�s Appropriation Source of Funds: Fund 015 015 - 9892 -006 - 1100 $179,569 Account Number: 015- 9892 -893 -1100 $50.000 015- 9892 -927 -1100 $56,850 015- 9892 -709 -1100 $57,758 Amount Available: Fund 015 $344,177 Requested: $268,378 Budgeted Item: YES X NO SUMMARY & RECOMMENDATION An Invitation to Bid 411027 Park Avenue Pedestrian Pathway* and Sidewalk Replacement Project was issued for: • installation of 3,200 linear feet of 10' concrete pedestrian pathway* with associated drainage improvements, pavement markings and two (2) rest areas, within right- of -Nvay between Fairmont Parkvm T and South Broadway* adjacent to Park Avenue and M Street right -of -Nv ay, and • installation of 2,150 linear feet of infill/replacement sideNvalks on Luella between Fairmont Parkway* and Oakhaven St., and • repair /replace approximately* 3,000 square feet of hazardous sidewalks and • installation of infill areas with new sideNvalks to interconnect existing Nvalks. Bids were submitted to 55 contractors and 5 plan rooms (see Contractor List). Bids were opened August 30, 2011 and the City* received bids from 15 contractors (see Bid Tabulation). The low quote meeting specifications was submitted by Brooks Concrete in the amount of $243,979.97 for the project. The bid submitted by Brooks Concrete contained two errors in calculations, which resulted in a decrease in their total bid price (original bid total was $276,110.80 before verification by Purchasing and Planning). Brooks has agreed to honor the unit price submitted and a copy* of the confirmation letter is attached. The City* has worked with Brooks Concrete previously* and was pleased with their performance. Staff is recommending approval of the contract amount of $243,979.97, plus a 10% contingency* for a total of $268,377.97. Project Benefits, Liabilities and Annual Operation Cost These projects support the Council directive to provide safe routes to schools and connectivity* to city* parks. Additionally*, the annual sidewalk program addresses many* hazardous Nvalking surfaces throughout the City*. If these projects are not approved, pedestrians -,valking along Park Avenue towards the high school will need to take alternative routes to avoid using the right -of -way*. Existing hazardous sidewalk conditions will continue to pose a danger to the walkm* g public. It is estimated the annual maintenance cost for this project would cost approximately* $3,600. Action Required by Council: Consider authorizing the City Manager to enter into a contract with Brooks Concrete for the installation of concrete pedestrian pathway, removal/replacement of hazardous sidewalks for the amount of $243,979.97 and authorize funding to establish a 10% construction contingency in the amount of $24398 for an overall project total of $268377.97. Approved for City Council A6enda Ron Bottoms, City Manager Date Bidders List Sealed Bid #11027 -Park Avenue Pedestrian Pathway & Sidewalk Replacement/Infill Harvey Builders P.O. Box 42008 Houston, TX 77242 -2008 Patak Construction, Inc. 1927 Hwy. 146 Kemah, Texas 77565 Jerdon Enterprise, L.P. 13404 Redfish Lane Stafford, TX 77477 Construction Ltd. 1825 Upland Dr. Houston, TX 77043 Lucas Construction 551 C Link Rd. League City, TX 77573 Hull & Hull, Inc. 2222 Kelley St. Houston, TX 77026 C.F. Jordan, L.P. 9801 Westheimer, Suite 320 Houston, TX 77042 Comex Corporation P.O. Box 862 Deer Park, TX 77536 SpawGlass Civil Construction, Inc. 13800 West Road Houston, TX 77041 Hale Mills Construction 4130 Bellaire Blvd., Ste 210 Houston, TX 77025 Vaughn Construction 10355 Westpark Dr. Houston, Tx 77042 -5312 Angel Brothers Enterprises, Ltd. P.O. Box 570 5210 West Road Baytown, Texas 77521 BHR- Garver Construction, LTD. 7600 Santa Fe Drive, Bldg. Al Houston, Texas 77061 D &W Contractors, Inc. P.O. Box 1075 Channelview, Texas 77530 Durwood Green Construction Co., Inc. P.O. Box 1338 Stafford, Texas 77477 Palmer Construction, LLC 6302 Broadway — Suite 250 Pearland, TX 77581 Pfeiffer & Sons, Ltd 116 N. 16 St. La Porte, TX 77571 L & M Contractors 530 S. Broadway La Porte, TX 77571 -5318 Four Seasons Development 5825 W. Sam Houston Pkwy N. Houston, TX 77041 Lone Star Road Construction, Ltd. 10333 Windfern Houston, TX 77064 Turner Construction Company 4623 Dacoma St Houston, TX 77092 Mar -Con Services, L.L.C.(HubVendor) P.O. Box 837 Deer Park, Texas 77536 Slack & Co. Contracting, In 10622 South Main St Houston, TX 77025 Brooks Concrete Inc. 4018 Allen Genoa Pasadena, TX 77504 D. L. Meacham L.P. 2102 Haskins Houston, TX 77080 DivisionOne Construction 2855 Mangum Rd., Suite B -105 Houston, TX 77092 AI -con Construction Services 40 A Blue Stem Deyton, TX 77535 Triple B Construction Services PO Box 836 Huffman, TX 77366 Excalibur Construction, Inc 18118 Strack Dr Spring, TX 77383 Mike Bricker & Associates, Inc 2002 Gill Rd Dickinson, TX 77539 Reytec Construction Resources, Inc. 1901 Hollister St Houston, TX 77080 Park Constructors, Inc PO Box 986 Rosenburg, TX 77471 Ser Construction Partners, Ltd PO Box 891145 Houston, TX 77289 Oates Industries Inc 1314 B Underwood Rd La Porte, TX 77571 Beyer Construction, LLP 12200 -B Duncan Rd Houston, TX 77066 Huff & Mitchell, Inc 16410 Huffineister Cypress, TX 77429 W.T. Byler, Co.LP 15203 Lillja Rd Houston, TX 77060 Reliance Construction Services, LP 4302 Almeda Genoa Rd Houston, TX 77048 RWL Construction, Inc PO Box 1209 Sealy, TX 77474 AAA Asphalt Paving, Inc 10526 Tanner Rd Houston, TX 77041 Hubco, Inc 11714 Charles Houston, TX 77041 Texcore Construction Specialties PO Box 2682 League city, TX 77574 -2628 Follis Construction 111 N. Broadway LaPorte, TX 77571 Aztec Remodeling & Landscaping 107 Shirlen Seabrook, TX 77586 Ideal Construction Services 10726 North P St La Porte, TX 77571 T & T Construction 204 Preston Rd Pasadena, TX 77503 Teamwork Construction Services 29011/2 Preston Pasadena, TX 77503 Amtek 4001 Sherwood Houston, TX 77092 ISQFT And Houston AGC 3825 Dacoma St Houston, Tx 77092 Dob's Data PO Box 55546 Houston, TX 77255 -5546 Forde Construction Company 6842 Calle Lozano Houston, TX 77041 Onvia, Inc 509 Olive Way Suite #400 Seattle, WA 98101 Aranda Brothers Construction 4207 Castledale Houston, TX 77093 AGC of Texas (Planroom) 2400 Augusta Dr #305 Houston, TX 77057 Pierremont Construction Co. LLC 397 N. Sam Houston Pkwy E #420 Houston, TX 77060 SCMU Construction PO Box 1598 Houston, TX 77251 G.W. Phillips, Inc 117 Oates Houston, TX 77013 Millis Development 4610 Sweetwater Blvd Sugarland, TX 77479 Paskey PO Box 5724 Pasadena, TX 77508 Ranger Constructions 2114 9 St Galena Park, TX 77547 DESCRIPTION UOM QTY BROOKS CONCRETE TEXCORE CONSTR MILLIS DEVELOPMENT Z -CO DEVELOPMENT Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 Mobilization for Entire Contract LS 1 $ 1,000.00 $ 1,000.00 $ 8,150.00 $ 8,150.00 $ 4,294.00 $ 4,294.00 $ 15,000.00 $ 15,000.00 2 Cleaning and Grubbing Pedestrian Path SL 1 $ 6,000.00 $ 6,000.00 $ 9,461.95 $ 9,461.95 $ 9,740.00 $ 9,740.00 $ 6,000.00 $ 6,000.00 3 Traffic Control and Regulation EA 2 $ 750.00 $ 1,500.00 1973.55 $ 3,947.10 $ 960.00 $ 1,920.00 $ 1,000.00 $ 2,000.00 4 Remove Existing Concrete Sidewalk (all widths) SF 6,094 $ 0.65 $ 3,961.10 $ 1.39 $ 8,470.66 $ 1.00 $ 6,094.00 $ 1.00 $ 6,094.00 5 Proposed 5 Thick Concrete Pedestrian Pathway SF 55,653 $ 3.29 $ 183,098.37 $ 3.34 $ 185,881.02 $ 3.41 $ 189,776.73 $ 3.80 $ 211,481.40 6 Proposed 6" Thick Concrete Pedestrian Pathway SF 225 $ 4.22 $ 949.50 $ 3.82 $ 859.50 $ 3.65 $ 821.25 $ 4.10 $ 922.50 7 Proposed 8" Thick Concrete Pedestrian Pathway SF 520 $ 5.60 $ 2,912.00 $ 4.24 $ 2,204.80 $ 3.85 $ 2,002.00 $ 4.30 $ 2,236.00 8 Wheelchair Ramps CY 28 $ 700.00 $ 19,600.00 $ 493.42 $ 13,815.76 $ 697.00 $ 19,516.00 $ 300.00 $ 8,400.00 9 Remove and Replace Existing Sriping Per Sheet #5 LS 1 $ 1,000.00 $ 1,000.00 $ 670.38 $ 670.38 $ 449.00 $ 449.00 $ 1,000.00 $ 1,000.00 10 Relocate Existing Sign EA 2 $ 50.00 $ 100.00 $ 70.55 $ 141.10 $ 320.00 $ 640.00 $ 300.00 $ 600.00 11 Steel Bollard EA 8 $ 200.00 $ 1,600.00 $ 251.29 $ 2,010.32 $ 404.00 $ 3,232.00 $ 300.00 $ 2,400.00 12 Remove Steel Bollard EA 5 $ 50.00 $ 250.00 $ 24.64 $ 123.20 $ 128.00 $ 640.00 $ 50.00 $ 250.00 13 24" White Line LF 575 $ 1.00 $ 575.00 $ 2.02 $ 1,161.50 $ 4.10 $ 2,357.50 $ 0.60 $ 345.00 14 8" Solid White Line LF 360 $ 1.00 $ 360.00 $ 0.96 $ 345.60 $ 2.56 $ 921.60 $ 0.90 $ 324.00 15 8" Dashed White Line LF 100 $ 1.00 $ 100.00 $ 0.90 $ 90.00 $ 2.24 $ 224.00 $ 0.90 $ 90.00 16 24" HDPE Storm Sewer LF 112 $ 40.00 $ 4,480.00 $ 28.32 $ 3,171.84 $ 36.00 $ 4,032.00 $ 80.00 $ 8,960.00 17 24" RCP Storm Sewer LF 12 $ 55.00 $ 660.00 $ 52.34 $ 628.08 $ 64.00 $ 768.00 $ 100.00 $ 1,200.00 18 48" RCP Storm Sewer LF 10 $ 100.00 $ 1,000.00 $ 103.56 $ 1,035.60 $ 128.00 $ 1,280.00 $ 400.00 $ 4,000.00 19 Remove Existing Grate & Convert to Type "E" Inlet Top EA 1 $ 3,000.00 $ 3,000.00 $ 676.97 $ 676.97 $ 2,435.00 $ 2,435.00 $ 500.00 $ 500.00 20 Compacted Fill CY 70 $ 20.00 $ 1,400.00 $ 24.90 $ 1,743.00 $ 15.40 $ 1,078.00 $ 20.00 $ 1,400.00 21 6" Concrete Pad with #3 Rebar on 18" Centers SF 325 $ 4.22 $ 1,371.50 $ 3.39 $ 1,101.75 $ 3.90 $ 1,267.50 $ 4.10 $ 1,332.50 22 Park Bench EA 2 $ 500.00 $ 1,000.00 $ 433.02 $ 866.04 $ 805.00 $ 1,610.00 $ 400.00 $ 800.00 23 Mounted Trash Can EA 2 $ 500.00 $ 1,000.00 $ 177.54 $ 355.08 $ 970.00 $ 1,940.00 $ 200.00 $ 400.00 24 Storm Water Pollution Prevention Measures EA 2 $ 1,000.00 $ 2,000.00 $ 380.65 $ 761.30 $ 965.00 $ 1,930.00 $ 1,000.00 $ 2,000.00 25 Hydromulch Seeding ACRE 1.25 $ 1,250.00 $ 1,562.50 $ 1,429.53 $ 1,786.91 $ 5,036.00 $ 6,295.00 $ 1,500.00 $ 1,875.00 26 Saw Cut Pavement LF 500 $ 5.00 $ 2,500.00 $ 5.11 $ 2,555.00 $ 7.70 $ 3,850.00 $ 1.50 $ 750.00 27 ISite Restoration I LS I 1 $ 1,000.00 1 $ 1,000.00 1 2340.91 $ 2,340.90 1 $ 3,676.02 1 $ 3,676.02 1 $ 4,954.00 1 $ 4,954.00 Total Items #1 - 27 $ 243,979.97 1 1 $ 254,355.36 1 1 $ 272,789.60 1 1 $ 285,314.40 City of LaPorte Eviablished 1892 Thank you for your submitted bid for Bid #11027 - Park Avenue Pedestrian Pathway and Sidewalk Replacement/infill, When tabulating your bid, we noticed an error in the calculation for Item #5 - Proposed 5" Thick Concrete Pedestrian Pathway (all widths) and Item #20 - Compacted Fill, I will honor the $32,131.80 decrease and new total of $243,979.97 for Bid #110 - W7 4ris t Brooks I regretfully withdraw my bid for Bid 411027: Christopher Brooks 604 W. Fairmont Pkw) I La Poi le, Texas 77571 a (281) 471-5020 FLOOD PLAIN NOTE: PART OF TIS PROJECT LAYS IN ZONE "AE" AS SHOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP (F.I.R.M.) NO. 48201CO945L REVISED JUNE 18, 2007. THIS STATEMENT SHOULD BE USED FOR FLOOD INSURANCES ONLY AND DOES NOT ATTEMPT TO IDENTIFY SPECIFIC FLOOD HAZARDS. I tIi I �! �H �I I a, ,� I I seeusH �rc , or - ;� i n , I W, SHEET 8 A ----------------- - - - - -- stl C i +er 00 SHEET 5 i y`"as SHEET 6 1 T SHEET 7 N 6ti' E 5 SCAL't 1"= 2OW LEGE DRII— UllLl- I 11R �,aaRO c rs ��amaa� HaFlOs CITY OF LA PORTS LA PORTS I IIGH SChI00L I � .raa�ao I tIi I �! �H �I I a, ,� I I seeusH �rc , or - ;� i n , I W, SHEET 8 A ----------------- - - - - -- stl C i +er 00 SHEET 5 i y`"as SHEET 6 1 T SHEET 7 N 6ti' E 5 SCAL't 1"= 2OW LEGE DRII— UllLl- I 11R �,aaRO c rs ��amaa� HaFlOs CITY OF LA PORTS I � .raa�ao HIKE-N-BIKE TRAIL Jill I e b 11 H ai I !;! �! I ,r''n`• / n\..4. / t 6 e , `^ . I tIi I �! �H �I I a, ,� I I seeusH �rc , or - ;� i n , I W, SHEET 8 A ----------------- - - - - -- stl C i +er 00 SHEET 5 i y`"as SHEET 6 1 T SHEET 7 N 6ti' E 5 SCAL't 1"= 2OW LEGE DRII— UllLl- I 11R �,aaRO c rs ��amaa� HaFlOs 6 - - PROJECT LP YOUT CITY OF LA PORTS HIKE-N-BIKE TRAIL 6 - - PROJECT LP YOUT 0 LLI O w I Z. CD LLJ m SHEET7 1 LUELLA BLVD.. F� Lu z J Y RAFT SHEET 8 U SHEEN SHEEN 6 + a ai k o O k�'�Y•j{' o REMOVE E T. V — -ODE r* SW & PROP. ADD 41 LF REMOVE E EXIST. 4 —YADE S/W & A ADD 228 LF P 8 . PEDESTRIAN PATHWAY PRO P. AD E PROP. 658 LF 8' — MADE CONC_ 8 —W - DE P PEDESTMAN PATHWAY P PEDESTRIAN PATHWAY P EXIST. P PEDESTRIAN PATHWAY I-xlsr. cr • _max_ - PROP. ADJUST IF"ROFa WCR_ . FOR EXIST. F.H. w 9i SAN JACINTiO COLLEGE SAN JACINTO COLLEGE � � � k, � � SEVILLE APARTMENTS t46 v � TRANSPORTATION CENTER TRANSPORTATION CENTER � $ � B t REMOVE EX IST. 4' —VdDE y In_ a S W & DROP. ADD 195 LF ti I 8 ' — 11YiDE PEDESTRIAN PATHWAY r`� r ` I;; Ih �n 67415fi 8' — Yti1Ri �' EXIST. rti.r, •r . �n _ 1 -. 00RE SIDEWALK kI rOU IF2I4 FENCE . ElUS S`- -lYli)F { -- F CNAC, :VU EWaLx - TO N H OLI '§I'S I k I - �. F. ~ r E e' a`. a gyp F.?J57_'N : PRO a I i I . R �� -r.. �' ,- l9,.cr N . 9+og 18+e Ls ,. L - -- -- - - -- Q I PROP. RECONSTRUCT I PROF_ 8$ LF $' —WIDE CCOFI� sIOE�14�Aix � " O M THIS WCR I HL@P EAS� I CONIC, PEDESTREAN PATHWAY � },; �. ,-• ,,t�. -' LUEI..I.A BLVD. PROP. LF 8 - -YYIOE I Emsr. er -n�er xL= r 4 CONC. PEDESTRIAN PATHWAY CORE SMEWALK WO yew E74s7'N J � 3S tm BEGIN PROP. Af}JUST FOR PROP. W R �" a,A ExIST.,r� $ I.R. PROJECT EXIST. STREETL!! PROP. STRIP:NG LUELLA B I sm SHEET 14) T :wLES %"P R. cc mw PROP. WCR I I k k I I I I I HLAF tA$�NENT I I I SHEET7 1 LUELLA BLVD.. F� Lu z J Y RAFT SHEET 8 U + a ai k o O k�'�Y•j{' o r* 5 r REMOVE E EXIST. 4 —YADE S/W & A ADD 228 LF P PROP 2 228 LF W — WIDE CONC4 P PRO P. AD E PROP. 658 LF 8' — MADE CONC_ 8 —W - DE P PEDESTMAN PATHWAY P PEDESTRIAN PATHWAY P EXIST. P PEDESTRIAN PATHWAY I-xlsr. cr • _max_ - PROP. ADJUST IF"ROFa WCR_ . FOR EXIST. F.H. LUELLA DLVD. I� SHEET 7 Pt O, ALE I" = 50' REMOVE EXIST. 4' — WODE W & PROP. ADD 128 LF 8' —WIDE PEDESTRIAN PATHWA' L� •1� PROD, ADJUST I ST AA H 1J a a C } L r I4II10P. 1 CR LI I _ . PROP. AD,KJST PATH I AROUND EXIST. FIRE ] . C Ifl H 'J` a a.m m a7 x � � mC4�5 �• •_L O u 69 PROP. 276 LF W —YVIDE CONC. i-¢"h ' rr E PEDESTRIAN PAT" WAY 5� i � r b PROP. RELOCATE o PRO AT&T SIGNS PR SI,B,l PROP. ADJUST FOR WCR � L cu�,4Q d9AIL � PROP. EXIST. F.H_ & M.H., PROP. WCR RELOCATE S" REMOVE BOLLARDS (6) o ,n -v? Q Lj W PROP. MATCH PROP. MATCH PLOP. 8❑ LF TO zxjg, M.H. TO EXIST. G_V. 8' —VWDE CONC. 5213 0 ------- r / PEDESTRIAN PATHf Y PROP. MATCH 2Gf 29+00 PROP. WHITE TRAFFIC S TRI:PI#+10 LU ELLA BLVD. TO EXIST. M.H. PROP. YwlTf: TRAFFIC STRIPING SEA EASTBOUND SEE WESTBOUND SHEET 9 Flow 1» BENCHMARK MOTE: CITY OF LA P RTE SURVEY MONUMENT L.P. .M. #101 BRASS OAP WITH Pl. NCH MARK, APPROX. 20.0' SOUTH OF WEST FA1 RMONT PARKWAY AT EAST BOUNDARY LIME OF DEER TRAIL SUBDIVISION, 620.4' EAST OF CENTERLINE OF BROOK WOOD DRI 6 81,342.3479N, 3,237,073.70517, ELE .= 0.7 , (197.3 ADJUSTMENT NOS SEA LEVEL DATUM OF 1 029} FLOOD PLAIN NOTE: - PA T OF THIS PROJECT LADS IN SHADED ZONE 7 X I AS S HOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP F.I.R. Ia) No. 48201 O 4• L REVISED JUNE 18 2007. THIS STATEMENT SHOULD BE USED FOR FLOOD INSURANCE PURPOSES ONLY AND DOES NOT ATTEMPT TO IDENTIFY SPECIFIC FLOOD HAZARDS. . DETAIL THIS SHEET DETAIL THIS SHEET PROP. 31 LF 8' —YOD't CONC. PEOE TRIAN PATHWAY , . *. � , � '- . 120f1�'aF'L' LEE Sl�LT4N - . 90299 IL 'ft"AL -' The seal appecring on this documerit was authorized ty RODNE Y LEE SL P.E- 9C298 on LEGEND ;M�rarnrl= vFraT� •_aw. — ROADS S `.OR TJR•E �NL DRAIKO,GE Top T4E :+lr R ^.P UTi4IT4E6 ILIK i , I• w r- GAS 'I., a M - p - {� --- -- --� W1 LLNE 7F -LNE FF CE:.3 N 011-�hR F 'AfA31 EFC -- - - - - -� f '- EARSEaYFFF ENOE — x f ff FIL73 19R:C TRZiEL rS'"N TREE @USU EXIST, CEN i£l UNK OF IMF-CFL CAM r.. F. EPA7H :A WO ' PROP. 10 LF-4e" RCP a +00 30 +24 WITH CEMENT STABILIZING SAND OVER CULVERT. END O PROJ T �. ITV O F LA PORTE : Rs /iN ' - PL ANNING 1EFIT.ENGINEERING DIV_ CK'u: RLS 604 V� FAIRMONO PKkNY. r.ta LA Pa RTE, TEXAS 77:571 PS.r 281 -47T 502a FAX: 281 - - x.0138 APP'G: RE sede: 2011 CITY VV I E= SIDEWALK V -50, RERL EME T/I I FIL.L PROJECT �`,kJN. 2G11 Pro�ea[ No.: 2011 -41343 { $HE- r: PROJECT .-.1 T OUT ar Ifl H 'J` a a.m m a7 x � � mC4�5 �• •_L O u 69 PROP. 276 LF W —YVIDE CONC. i-¢"h ' rr E PEDESTRIAN PAT" WAY 5� i � r b PROP. RELOCATE o PRO AT&T SIGNS PR SI,B,l PROP. ADJUST FOR WCR � L cu�,4Q d9AIL � PROP. EXIST. F.H_ & M.H., PROP. WCR RELOCATE S" REMOVE BOLLARDS (6) o ,n -v? Q Lj W PROP. MATCH PROP. MATCH PLOP. 8❑ LF TO zxjg, M.H. TO EXIST. G_V. 8' —VWDE CONC. 5213 0 ------- r / PEDESTRIAN PATHf Y PROP. MATCH 2Gf 29+00 PROP. WHITE TRAFFIC S TRI:PI#+10 LU ELLA BLVD. TO EXIST. M.H. PROP. YwlTf: TRAFFIC STRIPING SEA EASTBOUND SEE WESTBOUND SHEET 9 Flow 1» BENCHMARK MOTE: CITY OF LA P RTE SURVEY MONUMENT L.P. .M. #101 BRASS OAP WITH Pl. NCH MARK, APPROX. 20.0' SOUTH OF WEST FA1 RMONT PARKWAY AT EAST BOUNDARY LIME OF DEER TRAIL SUBDIVISION, 620.4' EAST OF CENTERLINE OF BROOK WOOD DRI 6 81,342.3479N, 3,237,073.70517, ELE .= 0.7 , (197.3 ADJUSTMENT NOS SEA LEVEL DATUM OF 1 029} FLOOD PLAIN NOTE: - PA T OF THIS PROJECT LADS IN SHADED ZONE 7 X I AS S HOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP F.I.R. Ia) No. 48201 O 4• L REVISED JUNE 18 2007. THIS STATEMENT SHOULD BE USED FOR FLOOD INSURANCE PURPOSES ONLY AND DOES NOT ATTEMPT TO IDENTIFY SPECIFIC FLOOD HAZARDS. . DETAIL THIS SHEET DETAIL THIS SHEET PROP. 31 LF 8' —YOD't CONC. PEOE TRIAN PATHWAY , . *. � , � '- . 120f1�'aF'L' LEE Sl�LT4N - . 90299 IL 'ft"AL -' The seal appecring on this documerit was authorized ty RODNE Y LEE SL P.E- 9C298 on LEGEND ;M�rarnrl= vFraT� •_aw. — ROADS S `.OR TJR•E �NL DRAIKO,GE Top T4E :+lr R ^.P UTi4IT4E6 ILIK i , I• w r- GAS 'I., a M - p - {� --- -- --� W1 LLNE 7F -LNE FF CE:.3 N 011-�hR F 'AfA31 EFC -- - - - - -� f '- EARSEaYFFF ENOE — x f ff FIL73 19R:C TRZiEL rS'"N TREE @USU EXIST, CEN i£l UNK OF IMF-CFL CAM r.. F. EPA7H :A WO ' PROP. 10 LF-4e" RCP a +00 30 +24 WITH CEMENT STABILIZING SAND OVER CULVERT. END O PROJ T �. ITV O F LA PORTE : Rs /iN ' - PL ANNING 1EFIT.ENGINEERING DIV_ CK'u: RLS 604 V� FAIRMONO PKkNY. r.ta LA Pa RTE, TEXAS 77:571 PS.r 281 -47T 502a FAX: 281 - - x.0138 APP'G: RE sede: 2011 CITY VV I E= SIDEWALK V -50, RERL EME T/I I FIL.L PROJECT �`,kJN. 2G11 Pro�ea[ No.: 2011 -41343 { $HE- r: PROJECT .-.1 T OUT ar SHEET 9 Flow 1» BENCHMARK MOTE: CITY OF LA P RTE SURVEY MONUMENT L.P. .M. #101 BRASS OAP WITH Pl. NCH MARK, APPROX. 20.0' SOUTH OF WEST FA1 RMONT PARKWAY AT EAST BOUNDARY LIME OF DEER TRAIL SUBDIVISION, 620.4' EAST OF CENTERLINE OF BROOK WOOD DRI 6 81,342.3479N, 3,237,073.70517, ELE .= 0.7 , (197.3 ADJUSTMENT NOS SEA LEVEL DATUM OF 1 029} FLOOD PLAIN NOTE: - PA T OF THIS PROJECT LADS IN SHADED ZONE 7 X I AS S HOWN ON THE F.E.M.A. FLOOD INSURANCE RATE MAP F.I.R. Ia) No. 48201 O 4• L REVISED JUNE 18 2007. THIS STATEMENT SHOULD BE USED FOR FLOOD INSURANCE PURPOSES ONLY AND DOES NOT ATTEMPT TO IDENTIFY SPECIFIC FLOOD HAZARDS. . DETAIL THIS SHEET DETAIL THIS SHEET PROP. 31 LF 8' —YOD't CONC. PEOE TRIAN PATHWAY , . *. � , � '- . 120f1�'aF'L' LEE Sl�LT4N - . 90299 IL 'ft"AL -' The seal appecring on this documerit was authorized ty RODNE Y LEE SL P.E- 9C298 on LEGEND ;M�rarnrl= vFraT� •_aw. — ROADS S `.OR TJR•E �NL DRAIKO,GE Top T4E :+lr R ^.P UTi4IT4E6 ILIK i , I• w r- GAS 'I., a M - p - {� --- -- --� W1 LLNE 7F -LNE FF CE:.3 N 011-�hR F 'AfA31 EFC -- - - - - -� f '- EARSEaYFFF ENOE — x f ff FIL73 19R:C TRZiEL rS'"N TREE @USU EXIST, CEN i£l UNK OF IMF-CFL CAM r.. F. EPA7H :A WO ' PROP. 10 LF-4e" RCP a +00 30 +24 WITH CEMENT STABILIZING SAND OVER CULVERT. END O PROJ T �. ITV O F LA PORTE : Rs /iN ' - PL ANNING 1EFIT.ENGINEERING DIV_ CK'u: RLS 604 V� FAIRMONO PKkNY. r.ta LA Pa RTE, TEXAS 77:571 PS.r 281 -47T 502a FAX: 281 - - x.0138 APP'G: RE sede: 2011 CITY VV I E= SIDEWALK V -50, RERL EME T/I I FIL.L PROJECT �`,kJN. 2G11 Pro�ea[ No.: 2011 -41343 { $HE- r: PROJECT .-.1 T OUT ar EXIST, CEN i£l UNK OF IMF-CFL CAM r.. F. EPA7H :A WO ' PROP. 10 LF-4e" RCP a +00 30 +24 WITH CEMENT STABILIZING SAND OVER CULVERT. END O PROJ T �. ITV O F LA PORTE : Rs /iN ' - PL ANNING 1EFIT.ENGINEERING DIV_ CK'u: RLS 604 V� FAIRMONO PKkNY. r.ta LA Pa RTE, TEXAS 77:571 PS.r 281 -47T 502a FAX: 281 - - x.0138 APP'G: RE sede: 2011 CITY VV I E= SIDEWALK V -50, RERL EME T/I I FIL.L PROJECT �`,kJN. 2G11 Pro�ea[ No.: 2011 -41343 { $HE- r: PROJECT .-.1 T OUT ar A B C D F 1 2011 SIDEWALK REPLACEMENT PROJECT 2 Sidewalk Removal* Wheelchair Ramp Sidewalk Installation* Comments 3 JADDRESS 4 15214 Parkcrest 116 116 5 5225 Parkcrest 76 76 6 5021 Glenview 202.0 202.0 7 5026 Glenview 80 80 8 4922 Glenview 36 36 9 1122 Glen Bay Ct 40 40 10 11110 Glen Bay Ct 72 72 11 5210 Valleybrook Ct. 97 97 12 5209 Ridgecrest 36 36 13 5121 RidgeCrest 60 60 14 5033 Archway 64 1 32 15 5029 Archway 40 40 Northside of the Street 16 15115 Archway 160 160 17 5117 Archway 40 40 18 5118 Archway 80 80 19 5122 Archway 160 160 20 5130 Archway 120 120 21 1113 Glencrest 200 200 22 14802 Glen Park 200 200 23 4826 Glen Park 80 80 24 4910 Glen Park 200 200 25 5118 Glen Park 60 60 26 5122 Glen Park 60 60 27 3825 Pecan Circle Ct 72 72 Sidewalk through Driveway 28 110819 Pecan Drive 64 64 29 10822 -10824 Spruce South 144 144 30 10900 Spruce South 64 64 31 10943 Spruce North 24 24 32 10846 Dogwood 5 5 repair 6 LF of curb 33 Rosewood 32 32 34 110431 Carlow 120 1 120 35 1033 WillowCreek 40 40 36 1201 Canyon Springs 200 200 37 504 E. "G" Street (9.5'x11' w /3' radius)* 120 San Jacinto Pool Bike Rack 38 322 N. 4th Street (8.5'x11' w /3'radius)" 120 Jennie Riley Civic Center Bike Rack 39 401 -403 Arizona 180 40 8740 -8902 Spencer Hwy 5 2,440 Across Pipline Corridor 41 42 TOTAL 3224 7 5692 43 * measured is square feet REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Stephen L. Bair Department: Parks & Recieation Report: Resolution: Ordinance: X Exhibit: Ordinance Exhibit: Concessionaire Request Letter Exhibit: Harris Cou nty Pi Ag (Exceipt) Appropriation Source of Funds: N/A Account Number: Amount Available: Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City /County- contracted Concessionaire for the Sylvan Beach Fishing Pier has requested an increase for the Pier admission fees. Ms. Witt is requesting a $1 increase in the fees charged to pier patrons for all except physically disabled citizens. She has cited increased costs of operation, security* costs, and increased usage as justification for the rate increase (see attached Request Letter). The last pier rate increase was approved by the City* Council in October 2003. At that time the Adult rate was raised from $3 to $4. The new Adult rate, if approved, would increase the Adult admission from $4 to $5, with Seniors and Youth moving from $2 to $3. The Disabled rate would remain the same, at $2 (also please note that the existing policy* would continue; the fast 25 disabled persons per day* are free; this fee only applies to disabled groups with more than 25 persons). The City s agreement with Harris County* allows for the rates to increase to $5 with no action required on the part of Harris County*. The revenues generated by the pier fees are split 3 Nvays, with Harris County* getting 1/3, the Concessionaire Linda Witt getting 1/3, and the City* of La Porte getting 1/3. The monthly* electric bill, and the annual Texas General Land Office lease fee for the pier, is paid out of Linda Witt's share. The City* and Harris CountyT's share goes into an escrow fund that will contribute to pier replacement in the event there is another catastrophic event such as Hurricane Ilse in the future. So, for each additional dollar generated, the Concessionaire will receive $0.33 and the City /County* escrow fund will receive $0.67 toward rebuilding the pier. The City /County Escrow Fund was depleted with the recent replacement caused by Hurricane Ilse in 2008. Ms. Witt has conducted a survey* of other piers in the area and the Sylvan Beach Pier will continue to have the lowest admission fees of any pier in the area (see attached request letter). Harris County* does not object to the fee increase. Staff is recommending approval of the rate increase as specified by the accompanying Ordinance. The rate increase is beneficial in that it will replenish the escrow for pier repair /replacement faster, and provide additional operating revenue for the Concessionaire. There are no liabilities or additional annual operating costs associated with this request. Action Required by Council: Consider approval or other action of an Ordinance amending Chapter 50, Appendix A — Fees, of the Code of Ordinances of the City* of La Porte, to increase fees for the Sylvan Beach Fishing Pier. Approved for City Council Agenda Ron Bottoms, City* Manager Date ORDINANCE NO. 2011- AN ORDINANCE AMENDING CHAPTER 50, APPENDIX A — FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY INCREASING FEES FOR THE SYLVAN BEACH FISHING PIER; CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 50, "Parks & Recreation" Article VI. "Sylvan Beach" Division 3. "Fishing Pier ", is hereby amended and shall hereafter read as follows, to-wit: "(1) Adults ............. ............................... 5.00 (2) Senior Citizen (over 60) ........................ 3.00 (3) Youth (under 12) . ............................... 3.00 (4) Certified Physically Disabled Person.......... 2.00" Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 3. If ativ section, sentence, phrase, clause, or ativ part of amyl section, sentence, phrase, or clause, of this Ordinance shall, for anv reason, be held invalid, such itivaliditv shall not affect the re mainin g 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 Page I of 2 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 N as posted at a place convenient to the public at the Cityr Hall of the City 'for the time required byr law preceding this meeting as re quired by the Open Meetings Law, Chapter 551, Teas Govemment 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 effective on October 15, 2011. PASSED AND APPROVED this the 26th day of September, 2011. CITY OF LA PORTE By: Louis R. Rigby- Mavor ATTEST: Patrice Fogarty- City- Secretary APPROVED: Clark T. Askins Assistant Citv Attorney Page 2 of 2 04 -22 - 12:39 PM . FROM, E, TT �. A. C.. THB STATE OF 'TEXAS § § CO UNTY OF HARRI § trt� ?003 APR 9 . 199M 0r -,.. THIS AGP EMENT rnade and entered into pursuant to V.T.C.A., Government Code §791.001 et seq. (the I•nterlocal tlon Act) and V.T,C., Local Government CodL- §332.021, by and between the City o .A. Porte, a municipal corporation under the laws of the Stale of 'Texas, heminafter referred to as the City, and Harris County, a booty Corwate Arid politic under the laws of the State of Teus, herC ifter referred to as "the County;" wrrxasssTx: WHERVAS, it is to the mutual benefit of the City and the County to provide public parks for the residents of tiro City and the County; and WI:.IEREAS, the City is willing to reconstruct, operate and rr►aintfin a public fishing pier, hereinafter called "pier," at Sylvan Beach Pane, a Harris County Park, located in the City of La Porte; and WHEREAS, the County has provided to City the plans and specifications for the roconstnrction of the pier with no representation or warranty as to the suitability of same; and WItERBAS, the City is willing to determine whether the reconstruction of the pier is suWcc:t to the requircmonta of 42 U.S.C. 6 12.101 et sq. t Arnecieans With Disabilities Act), V.A.C.S., Art. 910'2, as amet'tded, and other applies le laws; and WHEREAS, the City is willing to modify the pLuns awd spCeifIcations to the extent required by applicable laws relating to the reconstruction of the pier; NOW, THEREFORE, in consideration of the mutual covenants, Rgreements and benefits to both parties, it is agreed as follows; I, Subject to the terms and provisions hereinafter ,set forth, County has rented and leased, and by these presents does rent and lease, unto the City, far the term of thirty -two (32) yws, Beginning April 1, 1994, and ending March 31, 2026, (tialeas sooner ended in accordance with the provisions hereof), the following described premises situated in Harris County, '1 - cxas, to- wit: A 20 feet wide strip of land 10 feet on both sides of the herein described centerline out of the Sylvan Beach Park on Galveston lea in the City of I A Porte, 'Texas, out of the Johnson Munter Survey, Abstract 35, Harris County, Trams, and being more particularly described as follows: Beginning at a set P.K. Nail marking the intersection of the centerline of an existing wooden fishing pier and a wooden bulkhead. Tbence, in a Northwesterly direction, along the centerline of said wooden fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the Southeast side of an existing parking lot for the POINT OF T`BRIYxMS; Ln" n4sIVli= v APR 27 "94 12:33 713 479 6233 PAGE . 003 04 27 -94. 12, 39.. PM . FROG E. tr ` A, C. P004 hereinafter called the "premises," together with the right to use, along with other users of Sylvan Beach Park, the parkin lot 4oining the premises, and the rights of ingress and egress to Bayshore Drive. 11. Within thirty days after the execution of this agreement, the City, at City's expense, shall modify the plans and specifications for the reconstruction of the pier to the extent required by applicable laws, and shall commence to obtain all necessary permits from the State of Texas, actin by and through the School Land Ord and the Commissioner of the General Land Office, the U.S. Arty Corp of Engineers, and any other state or federal regulate agency having Jurisdiction over the rrec onstructiorr and operation of the ppier, and the City shall do any and elf other things necessaxy or required for the reeonstruedon of the pier, This Agreement is subject to all of the requirements of the State of Texas, acting by and through the Schaal 1-ind Ward and the Commissioner of the General Land Office, the U-S. Army Corp of Engineers, and any others state or federal regulatory agency having jurisdiction over the ;reconstruction and operation of the pier. Notwithstanding anything herein to the contrary, or that may be construed to the contrary, it is understood that the termination date of this Agreement shall be the date the City ceases to meet the requirements of the State of Texas, the C.T.S. Army Corp of Engineers, and any other state or federal regulatory agency having jurisdiction over the reconstruction and Qperad(st of the pier, or Maack 31, 20 26, whichever is sooner. Amer the modification of the plans and specifications, obtaining of permits for the reconstruction of the pier and doing all things necessary or requited for the reconstruction of the pier, the City shall notify the County of such fact, after which time the County shall furnish to City, at County's sole cost and =pence, at the Sylvan Beach Park site, nil of rho materials required to rebuild the pier, in accor with Lire plans and specifications so modified, M. Ater receipt of the materials from the County pursuant to 'paragraph 11, the City shall oommence to construct, or cause to be constructed. the pier in accordance with the plans raid specifications provided by the County. City shall construct the improvements its a inanner sa as to he visible to o1mcators of marine craft at alI times, and r+ot cemstitute a hazard to operators of marine craft. City shall begin making improvements to the pier within one year from the approval of this .Agreement by the County's Commissioners Court. (a) City will establish an escrow account; into which City shall deposit two thirds (213) of all grass receipts from patrons using the pier. The purpose of this escrow account is to establish a self insurrd fund for the future r to the pier, or for restcratiort of the pier in event of damage or destruction to the icier, either from natural or other causes, which repairs .And restoration the City shall perform. City will continue to deposit, into the escrow account, two thirds (2f3) of all gross receipts from patrons using the pier, until the escrow occoun.t reaches a balance in an amount that produces buying ppoomv�r equivalent to $60,000.00 in the ycax 19D3, chid balance teeing hereinafter called "tire $60,000,00 equivalent." During the tram of this Agreement, the $60,000,00 equivalent, as used herein, shall meant an amount Mat would produce buying power equivalent to $60,000.00 based on tho change, if any, In the Houston, Texas, Average Consumer Price Index-All Urban Customers ( "CPl -U "), 71e. calculation of the increase, if any, is set forth in subparmgraph (f) below. Itt the event the balance in the escrow account falls below the $60,00p.00 equivalent, the City shall promptly commence depositing two thirds (2/3) of all gross receipts into said escrow account so as to increase the balance to the $60,000.000 equivalent. After the escrow account reaches a balance APR 27 '94 12:34 713 479 6233 PAGE.904 04 27 -94. 12:3,x_ PM , E, R " A. G. P005 ' . • v.• +tui_rr,� C[i•. iiltl tl. f!jii JIw of the, $60,000.00 equivalent, the City shall pa to County one -third (113) of the gmss re= as hereinafter defined. On or before the tenon (10th) d of January, April, July and Clctober, during the term of this Agreement, the City shall compute and pay to the County, without demand, at the Office of tho County Treasurer, the County's me-third (1/3) portion of the gross rectipL� which arc, not required to be deposited by Ci into the escrow a=unt, covering the immediately preceding three month period, City sli accompany each yyment with a: sworn statement, certi fying as true and correct, the amount of gross 7receipts collected purS=E to this Agreement for the immediately preceding three month period. (b) The terms "gross receipts ", ac used ire. rein, shall include all money, and the markt value of all property and services received for entrance to or use of all or any part of the pier. 'Ilie term "gross receipts" includes the - receipts from all sales, leases and rentals of porsonal p of every kind and nature including, but not limited to, food, beverages, equipment,, supplies and services, recelved on or at the premises and pier. The terra "gross receipts" shall not include bona fide gifts and donations but shall include gifts and donations which are Solicited and/or received upon any r9r+esentadoa (expres or fmpliW) or pretext that the donor or some third party is or will be entitled to entrance to or use of all or any part of the pits. (c) City shall maintain an a=un6ng system and records, which will clearly and accurately reflect the collection of the gross rrccipts. (d) County shall have the n ht, at any reasonable time to be determined by the Harris County Auditor, to make periodic audits an i gross receipts collected pursuant to this Agretmeitt. 1 maximum limit on fees to be charged without ( On each apuiiverstii�► data of this agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.04 by a fraction, the numerator of which is the CPI -U for the immediately preceding calendar year, and the denominator of which is the CPI -U for the year 1993. The resutting nuMbear shall be the $60,000.00 equivalent for the y= commencing on said anniversary date, In the event the Consumer Price index is discontinued, the Consumer Price Index shalt thereafter mean such index of p rices published by the U.S. Government as most nearly approximates the Consumer Price Index now p ublished. For lllustmtive Purposes only; 1994 CPI--U = 121.5 1933 CPI-U =-, 11 4.4 represents a 6.2% incrm3c Example: if the amount of the $60,000, equivalent is $60,00.00 and the increase required is 6.2 %, then the amount of escalation required would be $3,724.00 ($60,000.00 x 6.2% =a $3, 720.00)« and the amount of the new $60,000.00 equivalent for the now year of the Agreement would be $63,720.00 ($60,000.00 + $3,720.00). APR 27 1 94 12:35 ' 713 479 6233 PAGE.005 REQUEST FOR CITY COL Agenda Date Requested: 9/26/11 Requested By: David Mick Department: Public Works Report: Resolution: Ordinance: Exhibits: Oveiview of Wind Profiler Function Photo of Typical Equipment Site Lease Agreement INCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Texas Commission on Environmental Quality (TCEQ) approached city staff with a request to locate wind speed monitoring equipment on the airport property. The package might be expanded in the future to also track the migration of ozone in the atmosphere. If so, the expansion would include only additional hardware inside of the proposed trailer. The TCEQ has located monitoring equipment on the airport property before. Noise from the radio acoustic sounding system (BASS) was an issue for local businesses and residents the last time it was tried. This time around TCEQ's equipment will not include the RASS system. Also, Section 13 of the lease agreement includes a general statement that the equipment installed by TCEQ will not make a noise that is audible outside of the airport property. The project manager for TCEQ indicated that TCEQ does not pay lease fees for any of the similar TCEQ the monitoring locations. However, the wind data that TCEQ collects would be available on -line (approx. 20- minute lag time) and this would benefit pilots utilizing the airport. As part of the lease agreement, the TCEQ is responsible for satisfying all local zoning and FAA regulations. Attached is a photograph of a similar TCEQ equipment site. This equipment would be located a minimum of 500 -feet from the nearest property line. The fixed based operators located on -site have no objections or concerns. Action Required by Council: Staff requests that City Council grant the City Manager authority to execute the attached lease agreement with TCEQ. Approved for City Council A6enda Ron Bottoms, City Manager date ■ ! 'aisala LAP+ -3000 Lower Atmosphere Wind Profiler is a Doppler radar which rovides vertical profiles of horizontal wind speed and direction, and vertical wind elocity up to an altitude of 3 km above ground level. '1111hen the Radio Acoustic ounding System (BASS) option is added, it can provide virtual temperature profiles p to 1,5 km above ground level. The system operates unattended and provides cntinuous, real -time atmospheric wind and virtual temperature data with xcellent temporal resolution. LAPO -3000 is the world's most popular wind profiling ystem for mesoscale forecasting and nowcasting in applications like air quality, viation operations, defense, offshore observations, weather modification, and various search purposes. It is available in bath fixed -site and mobile configurations Please note, TCEQ equipment to be located on La Porte Airport property will not have the RALSS option. Os E 0 Bryan W. Shaw, Ph D., C�Ircrir °rrrara c� r � Buddy Garcia, C.�'or nnis�sioner` r Carlos Rubinstein, Conanrrssioner r1 COO Mark R. Vickery, P.G., Executive Directoi- Protecting Texas by Rechicing rind Prei Pollution The City of La Porte, Texas (hereafter the "Licensor ") hereby agrees to permit the Texas Commission on Environmental Quality (hereafter the "Licensee" or the "TCEQ ") to locate and operate a continuous air monitoring station on land owned. by the Licensor at the La Porte Municipal airport, which is located at 10937 Spencer Highway, La forte, Texas 77571. In consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEQ web rage ( littp:// .tceq .state.tx.us /nav /datalaq- data.httnl), to the monitoring information gathered by TCEQ from the air monitoring station situated at the Property. 1. Term. The term of this Agreement is five years from the date this Agreement is executed, and is renewable for a five - year term thereafter, upon agreement by the TCEQ and the Licensor . Equipment Site Location at the Property ( "the Site The equipment is proposed to be located in an area north of the intersection of Runways 12/30 and 5/23 at a minimum distance of 500 - feet south of the north property line of the Property (hereafter the "Site ") as indicated on the attached hereto Exhibit "A ". . Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in an aluminurn utility trailer with metal roof, plus auxiliary equipment outside the trailer, including a 10 - meter weather tower. The station requires approximately 1600 square feet of ground space covered with a site pad (e.g., six inches of limestone). The trailer is environmentally controlled and contains instrumentation as deemed appropriate by the TCEQ as well as peripherals required for the prober operation of the instrufnents.. 4. Provision for Utilities The TCEQ shall be solely responsible for arranging and paying for phone and electrical installation and service. 5. Occupation of the Station The station is normally unmanned, except for routine maintenance visits by TCEQ staff, agents or contractors (except for visits described under Section 5, "Right of Access ") occurring approximately twice a week. .Air Monitoring Site Agreement La Porte, Texas Municipal A iport Page 1 of 4 6. Right of Access The TCEQ, its employees, agents, and equipment service contractors have the right of ingress and egress to the Site, during regular working hours and when issues related to the Site arise, including equipment and utility malfunctions and emergencies, at the direction of the Licensee's or its staff maintaining or in possession of the property, subject to the Licensee's property management policies and practices, and not inconsistent with the Licensee's primary use of the Property and other operations incident thereto. 7. Liability and Indemnity The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, and that it is responsible for its own acts and deeds and for those of its agents, servants or employees to the extent provided by the Texas Tort Claims Act, Civ. Item & Prac. Code, ` Title 5 Chapter 101 (Vernon's 2000), provided the Legislature appropriates funds to satisfy any such claims. Any provision in this Agreement creating a debt against the State is void ab initio. further, in no way do the foregoing declarations waive the State's sovereign immunity. . Restoration of Property The TCEQ shall make reasonable repairs and /or replace any property of the Licensor damaged by the TCEQ's operations conducted at the Site, to the extent funds are made available by the Texas Legislature for such purpose. Upon removal of the TCEQ equipment, and at the request of the Licensor, the TCEQ shall restore the Site to the condition it was in prior to the installation of the monitoring equipment, to the extent fonds are made available by the Texas Legislature for such purpose. If the Licensor requests that TCEQ leave any items in place, such as the Site pad, the Licensor will be solely responsible for the items left in place, in the condition that they are left in place. 9. Equipment to Remain the Property of the TCEQ All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain the property of the TCEQ. 10. Notice of Termination If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site, the Licensor has the right to terminate this Agreement without cause and in such event shall give the TCEQ forty -five (45) days written notice of Termination. Under such circumstances, Licensor shall make a reasonable effort to assist TCEQ in locating an alternative Site in the general vicinity. However, Licensor is relieved of the obligation to assist in relocating Licensee's equipment to available alternative sites if said equipment would create a sound or visual nuisance to adjacent property owners at the new site, The TCEQ may also terminate this Agreement upon 30 days written notice to the Licensor. 11. Removal of Equipment Within 60 days of receiving Notice of Termination of this Agreement, the TCEQ shall remove any equipment placed at the Site pursuant to this Agreement. 12, Sovereign Immunity The Licensor agrees that by entering this Agreement, TCEQ does not waive the State's sovereign immunity relating to suit, liability, and the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject and limited to the availability of funds appropriated by the Texas legislature for that respective claim, suit, or obligation.. Air Monitoring Site Agreement La Porte, Texas Municipal Airport Page 2 of 4 13. Severabiiity The fact that a particular provision is held under any applicable lave to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties, Any prevision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 14. Other Considerations TCEQ warrants that: a) The equipment installed at the Site does not make noise that is audible outside of the boundary lines of the Property. b) the proposed Site will be located no closer than 500 -fleet front any adjacent properties. c) the Site will comply with all local zoning regulations and FAA regulations. All coordination. required with the FAA will be performed by the TCEQ with the appropriate approvals documented and provided to the Airport Manager. 15. Entire Agreement This Agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or.extended except by written instrument duly signed by both of the parties. IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement, Texas Cotnnrission on Eiivironrnental Quality By: Sigtiatur•e Cory Chism Printed Naine Interim Director, °field Operations Support Division Title Date Signed Air Monitoring Site Agreement LaPorte, Teas Municipal Airport Page 3 of 4 City of La Porte By: Signature Printed Name Title Late Signed Air Monitoring Site Agreement I,a Porte, Texas Municipal Airport Page 4 of 4 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Ron Bottoms Department: Administration Report: Resolution: Ordinance: X Exhibits: Amendment 41 to Interlocal Agreement for Circulator Bus Service Exhibits: Ordinance Exhibits: Incorrect Amendment 41 ppropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On August 22 Council approved an amendment to the Bus Services Agreement with Harris County. Upon further review of this amendment it was discovered that in the section 2.4 wording that the word La Porte had been inserted where it should have said County. The attached amendment incorporates the correction. Action Required by Council: Authorize the execution of the Amendment to the Interlocal Agreement with Harris County for circulator bus service. Approved for City Council A6enda Ron Bottoms, City Manager Date AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF HARRIS § This Amendment is made and entered into by and between Harris County, Texas, a body corporate and politic under the laws of the State of Texas, herein after called the "County" and the City of La Porte, a home -rule city under the laws of the State of Texas, hereinafter called "La Porte." WITNESSETH WHEREAS, on or around October 26, 2010 the County and the City entered into an Agreement under which La Porte would provide matching funds to the County and the County would provide a certain Fixed Route Bus Service within La Porte, hereinafter called the "Agreement;" WHEREAS, La Porte has made a one -time payment in the amount of $90,000.00 of Local Operating Funds under the Agreement, but due to the availability of a Social Services Block Grant to the County, it has been unnecessary to use the funds from La Porte; and WHEREAS, the County started using matching funds provided by La Porte on September 1, 2011, which enables the County to continue services beyond September 30, 2011 through August 31, 2012 if La Porte and the County's other contributors to matching funds will extend their agreements to allow use of the previously authorized funding amounts through the latter date; and WHEREAS, the County and La Porte desire to amend the Agreement to extend it through August 31, 2012. i NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: Section 2.4 of the Agreement, reading: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte will provide all required Local Operating Funds for the cost of the service from October 1, 2010 through September 30, 2011, up to a maximum of $90,000.00, La Porte shall send $90,000.00 to the County for use in paying its obligations to provide Local Operating Funds within 15 days of the effective date of this agreement. The funds will be maintained in a special reserve account. It is understood and agreed that a portion of the route service provided is to benefit students of San Jacinto College for which San Jacinto College is subject to a separate agreement, and the County may look to San Jacinto College and others to pay part of the Local Operating Funds. In the event San Jacinto College does not reach an agreement with the County or cease to continue its relationship with the County, the County has the right to adjust routes and service times accordingly, provided that such change is approved by the City of La Porte. Should the County determine that such funds from the City of La Porte and others are inadequate to pay for all required Local Operating Funds during such first year, the County shall have no obligation to continue providing the services hereunder unless and until the City sends additional funds to the County for such purpose, subject to the same requirements applicable to use of the original contribution. 2 is amended to read: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto Community College District, as specified in Paragraph 1.1 herein, the City of La Porte will provide all required Local Operating Funds for the cost of the service from September 1, 2011 through August 31, 2012, up to a maximum of $90,000.00. La Porte shall send $90,000.00 to the County for use in paying its obligations to provide Local Operating Funds within 15 days of the effective date of this agreement. The funds will be maintained in a special reserve account. It is understood and agreed that a portion of the route service provided is to benefit students of San Jacinto Community College for which San Jacinto Community College is subject to a separate agreement, and the County may look to San Jacinto Community College and others to pay part of the Local Operating Funds. In the event San Jacinto Community College does not reach an agreement with the County or ceases to continue its relationship with the County, the County has the right to adjust routes and service times accordingly, provided that such change is approved by the City of La Porte. Should the County determine that such funds from the City of La Porte and others are inadequate to pay for all required Local Operating Funds during such first year, the County shall have no obligation to continue providing the services hereunder unless and until La Porte sends additional funds to the County for such purpose, subject to the same requirements applicable to use of the original contribution. Article 6 of the Agreement, reading: 3 ARTICLE 6 Term This Agreement shall be effective upon its approval by both of the parties, and unless terminated sooner as set forth above, the term of this Agreement shall end at the end of the day on September 30, 2011. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. is amended to read: ARTICLE 6 Term This Agreement shall be effective upon its approval by both of the parties, and unless terminated sooner as set forth above, the term of this Agreement shall end at the end of the day on August 31, 2012. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to 4 account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows: a. It has on the day of , 2011, been executed on behalf of the County by , pursuant to order of the County Commissioners Court authorizing such execution. b. It has on the day of , 2011, been executed on behalf of the City of La Porte by , and attested by its Secretary, pursuant to authorizing such execution. HARRIS COUNTY c David B. Turkel Director of Harris County Community Services Department APPROVED AS TO FORM: VINCE RYAN Harris County Attorney By: ssistan o mnt y Attorney: Trevor Stfiith CITY OF LA PORTE By: Ron Bottoms City Manager ATTEST By: 5 THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of , 2011, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 'I Jack Morman Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to -wit: , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING/APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE REGARDING CIRCULAR ROUTE BUS SERVICE WITHIN THE CITY OF LA PORTE Commissioner introduced an order and made a motion that the same be adopted. 'Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Judge Emmett Comm. Lee Comm. Morman Comm. Radack Comm. Eversole Yes No Abstain ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: IT IS ORDERED that the Director of the County Community Services Department is authorized to execute for and on behalf of Harris County, Amendment No. 1 to an Agreement by and between Harris County and the City of La Porte regarding Circular Route Bus Service within the City of La Porte, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. ORDINANCE NO. 2011- AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED ROUTE BUS SERVICE WITH COMPLEMENTARY PARATRANSIT SERVICES IN THE CITY OF LA PORTEI MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTI FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWI AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council. further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this day of , 2011. CITY OF LA PORTE By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Cla skins Assistant City Attorney F , AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR CIRCULATOR BUS SERVICE IN CITY OF LA PORTE THE STATE OF TEXAS COUNTY OF HARRIS This Amendment is made and entered into by and between Harris County, Texas, a body corporate and politic under the laws of the State of Texas, hereinafter called the "County," and the City of La Porte, Texas, a home -rule city under the laws of the State of Texas, hereinafter call "La Porte." WITNESSETH WHEREAS, on or around October 11, 2010 the County and La Porte entered into an Agreement under which La Porte would provide matching funds to the County and the County would provide certain fixed route bus service to citizens of La Porte, hereinafter called the "Agreement." La Porte was to make a maximum lump sum payment of $90,000.00 within 15 days of the effective date of the Agreement; and WHEREAS, La Porte has made the one -time payment under the Agreement; and WHEREAS, La Porte and the County desire to amend the Agreement to extend through August 31, 2012 while continuing to use the existing payment schedule; and NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: Section 2.4 of the Agreement, reading: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte will provide all required Local Operating Funds for the cost of the service during the term of this Agreement, up to a maximum of $90,000.00. La Porte shall send $90,000.00 to the County for use in paying its obligations to provide Local Operating Funds within 15 days of the effective date of this agreement. The funds will be maintained in a special reserve account. It is understood and agreed that a portion of the route service provided is to benefit students of San Jacinto College for which San Jacinto College is subject to a separate agreement, and the County may look to San Jacinto College and others to pay part of the Local Operating Funds. In the event San Jacinto College does not reach an agreement with the County or cease to continue its relationship with the County, the County has the right to adjust routes and service times accordingly, provided that such change is approved in writing by the Mayor. Should the County determine that such funds from the City of La Porte and others are inadequate to pay for all required Local Operating Funds during such first year, the County shall have no obligation to continue providing the services hereunder unless and until the City sends additional funds to the County for such purpose, subject to the same requirements applicable to use of the original contribution. Is amended to read: 2.4 Subject to the participation of the City of Pasadena, Texas and the San Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte has provided $90,000.00 for the cost of the service during the term of this Agreement, which shall continue to the end of the day on August 31, 2012. During the term of this Agreement, FTA funds will be used in conjunction with Local Operating Funds to finance the fixed route bus service. Should the County determine that such funds from La Porte and others are inadequate to pay for all required Local Operating Funds, Fpm shall have no obligation to continue providing the services hereunder unless and until it receives additional funds for such purpose, subject to the same requirements applicable to use of the original contribution. Article 6 of the Agreement, reading 2 Term Unless terminated sooner as set forth above, the term of this Agreement shall be one year from the date this Agreement is executed. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. Is amended to read: This Agreement shall be effective upon the date this Agreement has been duly executed by all parties, and unless terminated sooner as set forth above, shall continue to the end of the day on August 31, 2012. Any unexpended and unearned surplus from funds provided by La Porte remaining in the account upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the parties in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings upon funds provided hereunder by La Porte. IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having equal force, has been executed on behalf of the parties hereto as follows: a. It has on the day of , 2011, been executed on behalf of the County by , pursuant to of the County Commissioners Court authorizing such execution. b. It has on the day of , 2011, been executed on behalf of the City of La Porte by , and attested by its Secretary, pursuant to City Council authorizing such execution. HARRIS COUNTY By: David B. Turkel Director of Harris County Community Services Department APPROVED AS TO FORM: Vince Ryan, Harris County Attorney By: Assistant County Attorney ATTEST By: Patrice Fogarty City Secretary CITY OF LA PORTE Ron Bottoms City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Susan Cream Department: Purchasing Report: Resolution: Ordinance Exhibits: Bid Tabulation Exhibits: Bidders List Appropriation Source of Funds: Inventory Acct Account Number: 001 - 0000 - 120 -0000 Amount Budgeted: Inventor` Amount Requested: 588,550.47 Budgeted Item: YES — Water & Sewer SUMMARY & RECOMMENDATION Advertised Sealed Bid 412001 — Water and Sewer Materials was opened and read on September 6, 2011. Bid requests were mailed to eleven (11) area suppliers with four (4) returned bids. Low bids meeting specifications were submitted as follows: CPR Services & Supplies, Inc. dba /MDN Enterprises Item 41 Service Material and Brass $ 18,654.98 Item 42 Clamps & Couplings $ 22,735.76 Item #3 Rubber Adapters, Sewer Fittings, Tubing, & Meter Boxes $ 11,214.02 Item 45 Ductile & C I Fittings $ 17,026.17 Item 47 Transition Couplings $ 1,279.00 Total $ 70,909.93 Coburn's Supply Item 44 Gate Valves Total $ 7,660.54 HD Supply Item 46 Fire Hydrants Total $ 9,980.00 Grand Total $ 88,550.47 Pricing reflects an approximate increase of 14% over the current bid. The contract is for one (1) year with an additional one -year renewable option period upon agreement of both parties. Staff Recommendation: Staff recommends award of water and sewer supplies to low bidders meeting specifications as listed above. Items will be purchased for warehouse inventor* throughout the year and distributed as needed. Funds are available and within budget of the water and sewer divisions' various accounts. Project Benefits, Liabilities, and Operating Costs These items are maintained in the warehouse for water and sewer line leaks and repairs, including commercial and residential. The immediate availability of these items reduces the time that water is shut -off for the citizens and reduces amount of water leaking into roads, alleys, and ditches. If the items are not available, utility crews would have to drive into Houston to purchase the parts, significantly decreasing productivity and efficiency. Action Required by Council: Authorize the City Manager to enter into contracts with CPR Services & Supplies, Inc. (dba MDN Enterprises), Coburn's Supply, and HD Supply for the annual supply of water and sewer materials in the amount of $88,550.47. Approved for City Council Agenda: Ron Bottoms, City Manager Date BID TABULATION #12001 - WATER & SEWER MATERIALS DESCRIPTION QTY CPR SERVICES dba MDN ENTERPRISES ACT PIPE AND SUPPLY COBURN'S SUPPLY HD SUPPLY ITEM # 1A - SERVICE MATERIAL 1. 3/4" x 1/8" Meter Gasket 300 $0 1 .12 $0.13 $0.10 $0.26 2. 1" x 1/8" Meter Gasket 20 $0 1 .15 $0.15 $0.12 $0.50 3. 3/4" Meter Coupling w /gasket 110 $3.70 $5.16 $4.78 $5.90 4. 1.5' Rubber Meter Gasket 10 $0 1 .65 $0.64 $0.85 $0.67 5. 1 "Meter Coupling w /gasket 5 $6.31 $7.64 $7.49 $9.20 6. 3/4" Curb Stop comp /iron w /lockwing 55 $16.21 $21.27 $22.05 $23.20 7. 1" Curb Stop comp /iron w /lockwing 65 $36.93 $37.91 $49.56 $43.70 8. 2" Curb Stop comp /iron w /lockwing 10 $126.1"5 $132.84 $134.04 $145.00 9. 3/4" Curb Stop iron /iron w /lockwing 4 $16.20 $17.98 $18.74 $20.70 10. 1" Curb Stop iron /iron w /lockwing 2 $31.42 $31.70 $44.58 $36.50 11. 3/4" Corporation cc /compression 2 $1 1".13 $17.84 $17.89 $20.50 12. 1" Corporation cc /compression 60 $25.93 $26.99 $26.98 $31.10 13. 2" Corporation cc /compression 15 $109.35 $114.87 $115.48 $132.00 14. 3/4" x 1" Tapping bushing 70 $6.15 $6.72 $6.42 $7.70 15. 3/4" - 3 Part Union comp /comp 75 $9.34 $9.73 $9.76 $11.20 16. 1" - 3 Part Union comp /comp 35 $1966 $11.13 $11.16 $12.80 17. 1" x 3/4" - 3 Part Union comp /comp 10 $16.73 $11.30 $11.34 $13.00 18. 2" - 3 Part Union comp /comp 25 $44.16 $45.95 $46.12 $52.90 19. 3/4" Male Adaptor comp /iron 15 $7.60 $7.99 $7.98 $8.70 20. 1" Male Adaptor comp /iron 2 $9.00 $9.47 $9.48 $10.90 21. 2" Male Adaptor comp /iron 10 $33.1 7 $34.52 $34.64 $38.00 22. 3/4" Female Adaptor comp /iron 2 $ 1".96 $8.40 $8.42 $9.70 23 1" Female Adaptor comp /iron 4 $10 1 .94 $11.41 $11.43 $13.10 24. 1.5 Female Adaptor comp /iron 2 $29.12 $29.16 $30.41 $34.90 25 2" Female Adaptor comp /iron 5 $34.66 $36.08 $36.21 $41.60 26. 3/4" Brass Gate Valve 2 $5.47 $7.71 $5.58 $16.00 27. 1" Brass Gate Valve 2 $1".35 $10.51 $7.36 $21.30 28. 1 -1/2" Brass Gate Valve 2 $15.36 $19.38 $14.96 $35.00 29. 2" Brass Gate Valve 10 $22.53 $29.64 $22.08 $49.00 30. 7" x 3/4" Meter Riser w /lockwing 10 $49.37 $47.82 $51.56 $55.00 31. 9" x 3/4" Meter Riser w /lockwing 2 $49.95 $48.41 $52.16 $55.80 32.3/4" x 1" U- Branch w /lockwing 6 -1/2 Center 1 35 1 $62.93 1 $65.18 1 $65.64 $78.60 SUB -TOTAL ITEM #1A $15,029.45 1 $16,053.57 1 $16,795.41 1 $18,650.90 CPR SERVICES ACT PIPE AND COBURN'S dba MDN SUPPLY SUPPLY HD SUPPLY DESCRIPTION QTY ENTERPRISES ITEM # 1 B- BRASS FITTINGS & COUPLINGS 1. 3/4" Brass Coupling 4 $2.55 $2.45 $2.56 NB 2. 3/4" Brass 90 Degree Ell 2 $3.14 $3.04 $3.16 NB 3. 1" Brass 90 Degree Ell 4 $4.84 $4.68 $4.86 NB 4. 2" Brass 90 Degree Ell 4 $15.65 $15.12 $15.69 NB 5. 3/4" x 3/4" Brass Tee iron /iron 2 $3.86 $3.73 $3.87 NB 6. 3/4" x 1" Brass Bushing 50 $2.54 $2.45 $2.55 NB 7. 3/4" x 1 -1/4" Brass Bushing 1 $4.32 $4.19 $4.35 NB 8. 1" x 2" Brass Bushing 10 $3.67 $9.55 $9.89 NB 9.1 -1/2" x 2" Brass Bushing 4 $6.13 $7.92 $8.21 NB 10. 3/4" x Close All Thread Nipple 5 $1.50 $1.61 $1.51 NB 11. 3/4" x 2" Brass Nipple 6 $1.5'3 $2.02 $1.89 NB 12. 3/4" x 4" Brass Nipple 2 $3.30 $3.53 $3.32 NB 13. 3/4" x 6" Brass Nipple 2 $4.82 $5.15 $4.84 NB 14. 1" x Close All Thread Nipple 2 $2.22 $2.37 $2.22 NB 15. 1" x 2" Brass Nipple 8 $2.73 $2.92 $2.74 NB 16. 1" x 4" Brass Nipple 5 $4.77 $5.11 $4.78 NB 17. 1" x 6" Brass Nipple 8 $7.03 $7.52 $7.06 NB 18.1 -1/2" x 4" Brass Nipple 2 '6.37 $8.96 $8.40 NB 19.1 -1/2" x 6" Brass Nipple 4 `12.36 $13.24 $12.42 NB 20. 2" x 2" Brass Nipple 2 '6.61 $7.07 $6.63 NB 21. 2" x 4" Brass Nipple 15 $10.7 $11.52 $10.81 NB 22. 2" x 6" Brass Nipple 20 $15.76 $17.02 $15.96 NB 23. 2" x 3/4" Reducer 10 $17.17 $16.76 $17.38 NB 24. 2 x 1" Brass Reducer 2 X17.17 $16.76 $17.38 NB 25. 2" x 1.5 Brass Reducer 2 $15.24 $14.87 $15.43 NB 26. 1" Brass Plug 10 $2.43 $2.33 $2.42 NB 27. 3/4" Brass Plug 5 $1.83 $1.77 $1.84 NB 28. 1" X1" Brass Tee 5 $6.85 $6.62 $6.87 NB 29 2X2" Brass Tee 2 `21.46 $20.94 $21.74 NB 30. 1' 90 degree Brass Ell 2 $4.64 $4.68 $4.86 NB 31. 1.5" Brass Collar 2 $6.13 $7.92 $8.21 NB 32 1 Brass Collar 2 $3.86 $3.73 $3.87 NB 33. 2" Brass Collar 10 `13.36 $13.03 $13.53 NB SUB - TOTAL ITEM #1B $1,581.29 $1,606.92 $1,571.23 $0.00 ITEM #1C - SERVICE SADDLES 1. 2" x 1" Tapping Saddle PVC 315 5 $16.91 $19.48 $28.78 $0.00 2. 3 "x 1" Tapping Saddle AC 315 5 $17.33 $20.27 $29.36 $0.00 3. 4" x 1" Tapping Saddle AC 315 15 `16.93 $19.22 $31.48 $0.00 4. 4" x 2" Tapping Saddle AC 315 2 $23.15 $31.60 $39.26 $0.00 4. 6" x 1" Tapping Saddle AC 315 20 $20.44 $22.86 $36.56 $0.00 5. 8" x 1" Tapping Saddle AC 315 10 $24.26 $27.15 $43.48 $0.00 6. 12" x1" Tapping Saddle AC 315 4 `35.66 $34.31 $54.84 $0.00 7. 6 "x2" Tapping Saddle AC 315 10 $23.94 $39.17 $42.86 $0.00 8. 10" x2" Tapping Saddle AC 315 1 "x32.25 $42.87 $57.92 $0.00 10. 8" X 2" Tapping Saddle AC 315 10 `28.50 $53.85 $51.56 $0.00 11. 12 X 2" Tapping Saddle AC 315 2 $37.25 $64.45 $67.32 $0.00 12. 16 x 2" Tapping Saddle AC 315 2 $83.25 $133.52 $146.06 $0.00 SUB -TOTAL ITEM #1 C $2,044.24 $2,785.20 $3,655.66 $0.00 ITEM # 1 TOTAL $18,654.98 $20,445.69 $22,022.30 $18,650.90 CPR SERVICES ACT PIPE AND COBURN'S dba MDN HD SUPPLY DESCRIPTION QTY ENTERPRISES SUPPLY SUPPLY ITEM # 2 A REDI CLAMPS SMITH BLAIR 244 1. 3/4" x 3" Redi Clamp 5 $17.95 $18.13 NB $0.00 2. 3/4" x 6" Redi Clamp 10 $37.59 $38.32 NB $0.00 3. 1" x 3" Redi Clamp 5 $16.99 $19.18 NB $0.00 4. 1" x 6" Redi Clamp 10 $37.67 $38.61 NB $0.00 5.1-1/4" x 3" Redi Clamp 5 $19.36 $19.55 NB $0.00 6.1-1/4" x 6" Redi Clamp 2 $39.33 $39.07 NB $0.00 7.1-1/2" x 3" Redi Clamp 2 $20.00 $20.19 NB $0.00 8.1-1/2" x 6" Redi Clamp 5 $39.017 $39.82 NB $0.00 SMITH BLAIR 245 1. 2" x 3" Redi Clamp 2 $6.39 $6.95 NB $0.00 2. 2" x 6" Redi Clamp 2 1 $12.47 $12.59 NB $0.00 SUB -TOTAL ITEM # 2 A $1386,83 $1,410.30 $0.00 $0.00 ITEM #213 - FULL CIRCLE CLAMPS SMITH BLAIR 226 1. 2.35 - 2.63 x 7.5" 70 $39.63 $40.21 NB $0.00 2. 2.35 - 2.63 x 12" 10 $ 7 1`0.69 $71.37 NB $0.00 3. 3.46 - 3.70 x12" 2 $ 7 7.77 $79.27 NB $0.00 4. 3.73 - 4.00 x 12" 1 $60.63 $81.57 NB $0.00 5. 3.96 - 4.25 x 7.5" 35 $50.21 $50.69 NB $0.00 6. 3.96 -4.25 x 12 5 $65.30 $86.11 NB $0.00 7. 4.45 - 4.73 x 7.5" 2 $66.92 $88.59 NB $0.00 8. 4.45 - 4.73 x 12" 2 $51.97 $52.47 NB $0.00 9. 4.74 -5.14 x 7.5" 10 $53.60 $54.31 NB $0.00 10. 4.74 - 5.14 x 12" 2 $66.16 $89.01 NB $0.00 11. 4.95 - 5.35 x 7.5" 15 $53.95 $54.89 NB $0.00 12. 4.95 - 5.35 x 12" 2 $92.79 $93.68 NB $0.00 13. 6.56 - 6.96 x 7.5" 5 $62.12 $62.72 NB $0.00 14. 6.56 - 6.96 x 12" 1 $99.10 $101.05 NB $0.00 15. 6.86 - 7.24 x 7.5" 5 $63.49 $64.10 NB $0.00 16. 6.86 - 7.24 x 12 2 $161.55 $102.52 NB $0.00 17. 7.05 - 7.45 x 7.5 55 $63.63 $65.06 NB $0.00 18. 7.05 - 7.45 x12" 5 $163.21 $104.20 NB $0.00 19. 7.45 - 7.85 x 7.5 1 $66.16 $66.74 NB $0.00 20. 8.54 - 8.94 x 10" 1 $36.16 $100.07 NB $0.00 21. 8.99 - 9.39 x 7.5" 2 $ 75.23 $76.68 NB $0.00 22. 8.99 - 9.39 x 12" 2 $126.47 $122.79 NB $0.00 23. 9.27 - 9.67 x 7.5" 40 $77.63 $78.38 NB $0.00 24. 9.27 - 9.67 x 12" 10 $124.29 $125.48 NB $0.00 25.11.75- 12.15 x 7.5 2 $93.51 $95.32 NB $0.00 26.13.40- 13.80 x 15" 1 $209.46 $213.49 NB $0.00 27 14.00 - 14.40 x 12.5" 2 $173.41 $176.74 NB $0.00 28 14.38 - 15.13 x 12.5 1 $334.33 $395.53 NB $0.00 29. 18.46 - 19.20 x 15" 2 $445.60 $454.38 NB $0.00 30. 11.04 - 11.44 x7.5" 1 2 1 $92.45 1 $93.33 1 NB 1 $0.00 SUB -TOTAL ITEM #2 B $19,996.19 1 $20,230.96 1 $0.00 1 $0.00 CPR SERVICES ACT PIPE AND COBURN'S dba MDN HD SUPPLY DESCRIPTION QTY ENTERPRISES SUPPLY SUPPLY ITEM # 2C - DRESSER COUPLINGS SMITH BLAIR 411 1. 3/4" Dresser Coupling 7 `18.14 $18.32 $24.64 $0.00 2. 1" Dresser Coupling 24 $18.716 $18.94 $25.52 $0.00 3.1- 1/4" Dresser Coupling 2 $19.56 $19.84 $26.68 $0.00 4.1- 1/2 " Dresser coupling 10 $23.46 $23.69 $31.87 $0.00 5. 2" Dresser Coupling 20 `26.59 $26.85 $38.89 $0.00 SUB -TOTAL ITEM #2 C $1,232.74 $1,396.38 $1,934.82 $0.00 ITEM #2 TOTAL $22,735.76 $23,037.64 $1,934.82 $0.00 ITEM # 3A - RUBBER ADAPTORS FERNCO OR APPROVED EQUAL 1. 4 "PVC x 4" PVC 30 '2.74 $2.90 $2.78 $2.80 2. 4" PVC x 4" Clay 10 $2.74 $2.90 $2.78 $3.00 3. 4" PVC x 4" Concrete 10 $2.36 $3.14 $3.00 $3.00 4. 6" PVC x 6" PVC 4 $5.32 $6.20 $5.94 $6.00 5. 6" PVC x 6" Clay 4 $5.32 $6.20 $5.94 $6.60 6. 6" PVC x 6" Concrete 3 $6.55 $6.86 $6.20 $6.60 7. 8" PVC x 8" PVC 2 $3.61 $9.54 $9.13 $9.10 8. 8" PVC x 8" Clay 20 $3.61 $9.54 $9.13 $9.80 9. 8" PVC x 8 "Concrete 2 $9.83 $10.31 $9.51 $9.80 10. 10" PVC x 10" PVC 2 $13.54 $14.32 $12.87 $13.70 11. 10" VPC x 10" Clay 2 '13.34 $14.32 $12.87 $13.70 12. 10" PVC x 10" Concrete 2 $13.67 $14.32 $12.87 $13.70 13. 12" PVC x 12" Clay 2 $15.35 $16.71 $15.38 $16.00 14. 12" PVC x 12" Concrete 2 $13.35 $16.71 $15.38 $16.00 15. 15' PVC x 15' Clay 2 $36.13 $31.63 $26.39 $38.80 16. 6" Clay x 4" PVC 2 $6.83 $7.28 $6.74 $7.00 17. 6" Concrete x 4" PVC 2 $6.83 $7.28 $6.74 $7.00 18. 6" Clay x 6" C.I. Eccentric 2 $30.45 $32.21 $30.82 $41.00 19 6" Concrete x 6" C.I. Eccentric 2 $30.45 $32.21 $30.82 $41.00 20. 8" Clay x 8" C.I. Eccentric 2 $46.56 $49.67 $47.53 $61.00 21. 8" Concrete x 8" C.I Eccentric 1 2 1 '61.34 1 $66.15 1 $63.31 1 $61.00 SUB - TOTAL ITEM # 3 Al $395.95 1 $1,053.70 1 $990.64 1 $1,107.80 CPR SERVICES ACT PIPE AND COBURN'S c1ba MDN SUPPLY SUPPLY HD SUPPLY DESCRIPTION QTY ENTERPRISES ITEM #313. - SEWER FITTINGS & SADDLES 1. 4" Coupling 70 $1.20 $1.27 $1.20 $1.30 2.6" Coupling 5 $4.36 $4.62 $4.38 $4.70 3.8" Coupling 5 $13.75 $14.41 $13.66 $14.50 4. 6" x 4" Reducer 10 $5.87 $6.15 $5.83 $6.35 5. 8" x 6" Reducer 4 $24.61 $26.04 $24.65 $26.90 6. 6" 45 Degree Ell 2 $7 $7.54 $7.14 $7.80 7. 6" 90 Degree Ell 2 $6.68 $7.01 $6.64 $7.20 8. 8" 45 Degree Ell 2 $19.44 $20.57 $19.48 $21.20 9. 8" 90 Degree Ell 2 $27.72 $29.04 $27.50 $30.00 10. 6" Cleanout w/plug 4 $18.52 $19.57 $18.55 $20.20 11. 6" x 4" Gsktd Saddle Tee w/ss bands 10 $14.24 $20.43 $20.04 $15.40 12. 8" x 4" Gskd Saddle Tee w/ss bands 20 $17 $24.26 $23.65 $19.30 13. 8" x 6" Gsktd Saddle Tee w/ss bands 2 $20.50 $26.98 $20.34 $22.20 14.10" x 4" Gsktd Saddle Tee w/ss bands 10 $31.64 $38.67 $37.30 $42.80 15.10" x 6" Gsktd Saddle Tee w/ss bands 2 $37.43 $45.09 $37.49 $45.90 16.12" x 4" Gsktd Saddle Tee w/ss bands 4 $38.88 $44.93 $44.84 $47.20 17.12" x 6" Gsktd Saddle Tee w/ss bands 2 $43.31 $49.87 $43.80 $49.40 18.15" x 6" Gsktd Saddle Tee w/ss bands 2 $40.71 $48.26 $47.07 $44.90 19. 6" Universal Saddle 6 $29.38 $28.10 $34.76 $28.70 20. 4" Universal Saddle 70 $22.37 $32.17 $26.68 $18.50 21. 6" x 4" Double "Y" 1 $19.06 $19.62 $19.29 $21.00 22. 8" x 4" Double "Y" 1 $47.39 $48.76 $47.92 $52.20 23. 8 X 6 SCH 35 Tee 2 $27.11 $27.37 $26.89 $33.80 24.6 X 4 SCH 35 Tee 2 $9.79 $9.89 $9.73 $12.70 25. 6" Sch 35 Tee 2 $9.91 $10.10 $9.94 $13.10 26. 6 x 6" Gasketed Saddle Tee w/ss bands 2 $0.00 $26.00 $20.56 $17.80 27. Stainless Steel Straps w/flip up screw 1001 $2.41 $3.13 $3.18 $4.00 SUB TOTAL # 3 B $3,927,30 $5,101.23 $4,645.59 $4,148.10 ITEM #3C.- DWV FITTINGS & LUBES 1. 4" Coupling 50 $2.60 $2.78 $2.58 $2.95 2. 4" 16 Degree Ell 55 $4.41 $4.70 $4.38 $5.00 3. 4" 45 Degree Ell 70 $4.75 $5.11 $4.75 $5.00 4. 4" 90 Degree Ell 55 $8.35 $8.99 $6.78 $6.30 5. 4" Slip Cap 30 $5.40 $5.76 $3.76 $3.40 6. 4" x 4" x 4" Tee 40 $10.74 $11.46 $9.28 $14.50 7. 4" Cleanout w/ plug 60 $6.32 $6.68 $8.14 $5.55 8. 4" Plug only 40 $1.7 $1.81 $1.68 $1.80 9. 4" x 4" Double "Y" 2 $29.68 $32.12 $29.87 $24.30 10. PVC Glue (qt can) 30 $12.60 $14.50 $5.36 $6.00 11. PVC Primer (qt can) 30 $8.75 $6.66 $4.48 $6.00 12. PVC Lubricant (qt can) 15 $2.95 $3.08 $4.00 $3.00 13. Talcote/Roof Cement 10 $29.50 $39.14 $36.00 $42.00 14. Ramneck Strips 100 $2.00 $2.80 $2.78 $4.50 115. 6" x 4" sc h 40 Tee 1 2 1 $26.53 $28.67 1 $26.58 1 $30.50 1 SUB- TOTAL ITEM# 3 Cl 1 $5,495.27 1 $3,828.03 1 $3,221.00 1 $3.590.60 CPR SERVICES ACT PIPE AND COBURN'S dba MDN HD SUPPLY DESCRIPTION QTY ENTERPRISES SUPPLY SUPPLY ITEM #3D.- POLYETHYLENE /PLASTIC MBX 1. 3/4" CTS Service Tubing 200 PSI 500 $6.19 $0.16 $0.18 $0.21 2. 1" CTS Service Tubing 200 PSI 1200 $6.29 $0.26 $0.29 $0.35 3. 2" CTS Service Tubing 200 PSI 1000 $1.66 $1.07 $1.04 $0.95 4. Single Plastic Meter Box w/ lid 50 $12.66 $13.10 $12.50 $17.00 5. Dual Plastic Meter Box w/ lid 10 $12.00 $13.33 $13.50 $17.00 6. Single Plastic Lids only 10 $5.56 $6.01 $5.38 $5.50 7. Commercial Jumbo Meter Box w/ lid 15 $22.56 $27.70 $21.75 $42.00 8. Hand Pump /6ft hose 10 $24.66 $26.39 1 $20.58 1 $29.00 SUB- TOTAL ITEM # 3 D $2,795.50 $2,989.80 $2,823.85 $3,470.00 ITEM # 3 TOTAL $11,214.02 $12,972.76 $11,681.08 $12,316.50 ITEM #4 GATE VALVES 1. 2" Cl Screw type 10 $206.16 $198.10 "$108.68 $191.00 2. 4" MJ 5 $386.90 $338.80 $287.58 $361.00 3. 6" MJ 10 $492.50 $422.95 $581.96 $460.00 4. 8" MJ 2 $770.00 $643.25 $658.12 $719.00 ITEM #4 TOTAL $10,461.10 $9,191.00 $7,660.54 $9,753.00 ITEM # 5A. - DUCTILE FITTINGS W /ACC 1. 4" 45 Degree Ell 2 $47.88 $76.43 $74.60 $74.60 2. 6" 45 Degree Ell 2 $72.67 $88.92 $102.96 $103.00 3.8" 45 Degree Ell 2 $96.16 $129.89 $143.98 $145.00 4. 4" 90 Degree Ell 2 $53.93 $70.14 $79.86 $80.20 5. 6" 90 Degree Ell 2 $82.46 $97.86 $111.93 $112.60 6. 8" 90 Degree Ell 2 $113.23 $145.20 $158.78 $159.00 7. 4" x 7.5 Solid Sleeve 2 $42.25 $46.99 $68.10 $68.50 8. 4" x 12" Solid Sleeve 2 $43.35 $64.33 $73.75 $74.60 9. 6" x 7.5 Solid Sleeve 3 $65.63 $80.43 $94.95 $95.90 10. 6" x 12" Solid Sleeve 1 $77.35 $92.58 $106.84 $107.60 11. 8" x 7.5 Solid Sleeve 2 $86.36 $114.05 $128.76 $129.00 12. 8" x 12" Solid Sleeve 3 $111.45 $145.73 $158.85 $159.80 13.12" x 7.5 Solid Sleeve 2 $156.6 +3 $257.47 $244.78 $246.00 14.12" x 12" Solid Sleeve 2 $186.56 $288.62 $274.86 $276.00 15. 4" Plug 2 $16.56 $23.06 $37.96 $13.60 16. 4" Plug w /2" tap 2 $27.66 $38.46 $49.75 $26.20 17. 6" Plug 2 $26.86 $37.93 $56.08 $25.70 18. 6" Plug w /2" tap 2 $38.75 $51.13 $68.10 $38.40 19. 8" Plug 2 $39.25 $51.66 $79.84 $38.90 20. 8" Plug w /2" tap 2 $51.95 $64.86 $92.85 $51.50 21. 4" x 4" Tee 2 $75.56 $101.21 $132.78 $114.70 22. 6" x 4" Tee 2 $113.56 $137.01 $182.94 $155.00 23. 6" x 6" Tee 2 $123.56 $145.93 $165.78 $166.00 24. 8" x 4" Tee 2 $136.6 +3 $170.75 $187.96 $188.00 25. 8" x 6" Tee 2 $146.56 $187.07 $206.28 $207.00 26. 8" x 8" Tee 2 $170. 50 $218.20 $237.46 $238.00 27.12" x 6" Tee 2 $236.56 $341.13 $334.58 $335.00 28.12" x 8" Tee 2 $269.56 $377.01 $368.38 $370.00 29. 4" x 3" MJSEB X PE Reducer 2 $37.66 $48.21 $48.96 $49.00 30. 6" x 3" MJSEB X PE Reducer 2 $58.6 +3 $66.69 $65.95 $65.50 31. 6" x 4" MJSEB X PE Reducer 2 $47.56 $51.51 $54.98 $55.20 32. 8" x 4" MJSEB X PE Reducer 2 $69.76 $73.69 $75.96 $76.00 33. 8" x 6" MJSEB X PE Reducer 2 $64.66 $71.52 $76.58 $75.90 34. 4" x 3" MJLEB X PE Reducer 2 $41.6 +3 $49.40 $52.85 $53.20 35. 6" x 3" MJLEB X PE Reducer 2 $56.56 $65.19 $70.83 $70.00 36. 6" x 4" MJLEB X PE Reducer 2 $62.66 $71.52 $88.96 $77.00 37. 8" x 4" MJLEB X PE Reducer 2 $72.66 $89.45 $94.78 $93.30 38. 8" x 6" MJLEB X PE Reducer 1 2 1 $63.50 1 $78.36 1 $84.28 1 $82.90 SUB - TOTAL # 5 Al $6,585.45 1 $8,752.76 1 $9,622.70 1 $9,143.70 Information reflects pricing only and other factors may be considered during the evaluation process CPR SERVICES ACT PIPE AND COBURN'S dba MDN HD SUPPLY DESCRIPTION QTY ENTERPRISES SUPPLY SUPPLY ITEM #513 CAST IRON FITTINGS 1. 4" Cleanout shoe 5 $63.23 $113.06 $62.00 $52.00 2. 18 "x24" Valve Box w /lid 55 $26.35 $26.95 $28.00 $29.40 3. 24 "x36" Valve Box w /lid 20 $39.30 $38.50 $39.50 $43.00 4. Valve Box lid only 2 $3.45 $8.80 $9.48 $9.40 5. 23 1/2 Manhole Ring 4 $33.25 $96.80 $92.00 $92.60 6. 23 1/2 Manhole Cover w /City Logo 2 $3 $101.64 $96.00 $97.20 7. 23 -1/2" Manhole Ring & Cover w /city logo 6 $131.20 $198.44 $187.00 $189.80 8. 32 " Manhole Ring and Cover 2 $220.65 $304.92 $286.00 $291.00 9. 4" Push - on plug 2 $16.15 $19.01 $17.98 $19.20 10. 4" Push - on plug w /2" tap 2 $25. j0 $26.93 $25.28 $27.20 11. 6" Push - on plug 2 $22. f 3 $31.15 $29.25 $29.80 12. 6" Push - on plug w /2" tap 2 $42.36 $44.35 $42.18 $42.40 13. 8" Push - on plug 2 $40.32 $42.24 $39.86 $40.40 14. 8" Push - on plug w /2" tap 2 $52.32 $55.44 $5285 $53.00 SUB TOTAL ITEM #513 $5,405.46 $5,664.35 $5,327.76 $5,465.40 ITEM #5c- CONCRETE MISCELLANEOUS 1. 3" Concrete Manhole Riser 15 $16.00 $12.50 $17.85 $13.00 SUB TOTAL ITEM #5C $240.00 $187.50 $267.75 $195.00 ITEM #5D MISCELLANEOUS 1. Hydraloc for 5 -1/4" Opening 20 $165.66 $161.69 $165.56 $180.00 2. 3/4 X 4 1/2 " T -Bolt w /nuts (Corten) 20 $1.56 $1.65 $1.28 $1.60 3. 3/4 X $ 1/2 Eye Bolts w /nuts 20 $1.35 $2.75 $1.60 $1.60 4. 5/8 All Thread Rods (10'Long) 60 $16.56 $10.45 $10.00 $8.20 5. 5/8" Nuts 30 $6.35 $0.28 $0.20 $0.20 6. 5/8 X 3' Stainless Bolts 40 $5.00 $7.15 $2.85 $1.40 7. 4' Steel Probing Rod 10 $22.56 $37.49 $21.00 $21.00 8. 24" Manhole Hook w /flat handle 10 $16.56 $18.23 $22.50 $28.00 SUB TOTAL ITEM #5D $4,599.50 $4,800.40 $4,523.80 $4,708.00 ITEM # 5E - EBBA 2000 MJ RESTRAINTS 1.4" 2 $24.53 $19.31 $24.18 $24.40 2.6" 2 $30.65 $22.42 $30.35 $30.50 3.8" 2 $42.20 $33.48 $41.28 $41.70 SUB -TOTAL ITEM #5E $194.76 $150.42 $191.62 $193.20 TOTAL ITEM #5 $17,026.17 $19,555.43 $19,933.63 $19,705.30 ITEM #6 FIRE HYDRANTS 1. 4' Fire Hydrant 4 $1,423.50 $1,337.94 $1,335.68 $1,207.00 2. 5' Fire Hydrant 4 $1,488.25 $1,400.83 $1,397.03 $1288.00 ITEM #6TOTAL $11,647.00 $10,955.08 $10,930.84 $9,980.00 ITEM #7 TRANSITION COUPLINGS POWERMAX 1. 3" PVC - 3" AC 2 $62.30 $0.00 $88.02 $0.00 2. 4" C900 - 3" AC 2 $143.25 $0.00 $159.60 $0.00 3. 4" C900 - 4" AC 2 $99. 7 1`5 $0.00 $106.58 $0.00 4. 6" C900 - 6" AC 2 $141.26 $0.00 $151.56 $0.00 5. 8" C900 - 8" AC 2 $166.5 +0 $0.00 $177.96 $0.00 TOTAL ITEM #7 $1,279.00 1 $0.00 1 $1,367.44 1 $0.00 Information reflects pricing only and other factors may be considered during the evaluation process BIDDER'S LIST SEALED BID #12001 - WATER & SEWER MATERIALS Cooper Supply Inc. (Hub Vendor) 1637 N Lexington Blvd Corpus Christi, TX 78409 Great Western Supply 10616 A Hempstead Hwy Houston, TX 77092 Allied Industrial Sales 100 E Nasa Rd 1 Suite 110 Webster, TX 77598 DFW Plastics, Inc. PO Box 648 Bedford, TX 76095 Coastal Pump Services, Inc 6025 County Rd 48 Manvel, TX 77578 HD Supply Water Works Inc. 7022 East Haven Blvd Houston, TX 77017 MDN Enterprises PO Box 1148 New Caney, TX 77357 Power Seal PO Box 2014 Wichita Falls, TX 76306 Coburn Supply Company 930 S Frazier St. Ste A Conroe, TX 77301 Champion Fasteners & Industrial Supply, Inc. 10624 Tower Oaks Blvd Houston, TX 77070 Act Pipe & Supply, Inc. 8921 Frey Rd Houston, TX 77034 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Michael G. Dolbv, CPA Department: Finance Report: Resolution: Ordinance XX Exhibits: Ordinance Exhibits: Effective Tax Rate Calculation Exhibits: Notice of Tax Rate 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 26th 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 rats is the highest tax rats 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 $0.710100 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 5]1,363 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 5]1,363 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 Nlanager 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. 2010 values resulting from final court decisions. 1 $86,909,2931 C. 2010 value loss. Subtract B from A. $10,139,428 6.2010 taxable value, adjusted for court - ordered reductions. Add Line 3 and Line 5C. $2,225,347,874 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: 1 $1,006,6081 Partial exemptions. 2011 exemption amount or 2011 percentage exemption times 2010 ' $16,034,727) ue: 2010 taxable value lost because property first qualified for agricultural appraisal (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 of use properties that qualified in 2010. 2010 market value: 1 $01 2011 productivity or special appraised value: 1 $01 Value loss. Subtract B from A. 1 $01 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 $2,041,098,8221 Counties: Include railroad rolling stock values certified by the Comptroller's office: 1 $01 Pollution control exemption: Deduct the value of property exempted for the current tax ear for the first time as pollution control property (use this Line based on attorney's advice): $0 . 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 $71,708,219 to the tax increment fund. Do not include any new property value that will be included in ne 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 $78,533,089 iperties 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. $105 020 146 e chief appraiser gives taxing units a list of those taxable properties that the chief praiser 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 praiser includes the market value, appraised value and exemptions for the preceding year 1 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. C. 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 $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. X19.2011 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 1. Total 2011 taxable value of new improvements and new personal property located i new improvements. "New" means the item was not on the appraisal roll in 2010. An rovement is a building, structure, fixture or fence erected on or affixed to land. New itions to existing improvements may be included if the appraised value can be .mined. New personal property in a new improvement must have been brought into the after Jan. 1, 2009, and be located in a new improvement. New improvements do include erty on which a tax abatement agreement has expired for 2011. $3,932,281 $25,092,4891 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. 26.2010 mai �a�� tions (M &O) tax rate. �O8 $100 27.2010 adjEnter the amount from L ine 11. $2 39 2010 M &O tax es. Multiply Line 26 by Line 27 and divide by $100. ' $13,360,2541 3. Cities, counties and hospital districts with additional sales tax: Amount of additional $0 ales tax collected and spent on M &O expenses in 2010. Enter amount from full year's sales ix 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 Counties: Enter the amount for the state criminal justice mandate. If second or later year,' $0) 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 ffisferring it to another unit by written contract, enter the amount spent by the unit continuing the function in the 12 months preceding the month of this calculation. If the $0 it 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 11 subtract this amount in H below. The unit receiving the function will add this amount in below. Other units enter 0. nter a negative value if discontinuing a function, or enter a positive value if receiving ie function. Taxes refunded for years preceding tax year 2010: Enter the amount of M &O taxes $116,442 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 3 1. 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 $0 hanced indigent health care expenditures, less any state assistance. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a Zvestment zone as agreed by the taxing unit. If the unit has no 2011 captured appraised $591,594 ue 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 1 30. 2011 effective maintenance and operations rate. Divide Line 28H by Line 29 and $0.6071$100 multiply by $100. 31.2011 rollback maintenance and operation rate. Multiply Line 30 by 1.08. $0.6551$100 2. 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: 'I) 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 &0 expenses Debt also includes contractual payments to other taxing units that have incurred debts on $2,497,999 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. Deer Park r g . creative d Sabatell switches up offense to. Interest to be offense to a said. get Lady Deer attack cranked up Other 5 -1. Sabatell The club's other top returners are doing their Amounts Total l ike they're ready to do it _LL made the move, which part, too. Jacie PuBig, another JASON McDANIEt By JASON age' >,;�;.' is a major third - year varsity letter - CN .E GP ANIEL NGENT They went 5 -1 at the snunTELt break from man with the ability play Door Park vol- Dickinson tournament last ber typical defense or hit outside, is � HE leyball team bad weekend, finishing fifth, offensive ap- leading the Lady Deer in high expectations and will take at least 22 poach, to free the Lady digs, and standout Haley going into this season. wins into their district Deer up to be more cre- Mueller is pacing them in The Lady Deer went un- opener against South Hess- alive on the attack, and to kills and total attempts. defeated in District 22 -5A ton next.week. . compensate for the loss of Mueller also led the play last year en route to Deer Park coach Gay Haley Hoffman. team in kills last season. a district championship, Sabatell, who's in her 18th Hoffman, the 22-5A co- She was selected by the then they made their deep- season, credited the play MVP last year, is setting at Greater Houston Volleyball est run in the playoffs in of setter Itayla Jordan, a HnustorrBalidstnow. Coaches Association and four years, making the re- third -year varsity letter- "Kayla is meeting our VYPE magazine as one of gional quarterfinals. man, for the teams success team's expectations run- Pfeasesw GIRLS, Page 8 And so far, it links after switching from a 6 -2 ning the offense," Sabatell CITY OF LA PORTE SOLICITATIONS: Interest to be Sealed Bids 1112064- Vehices and J12005 - Plastic Garbs ga 8a 9 s Other � } IN - until 20 rim., Tuesday, October Amounts Total of Debt - Property Taxes _LL to be Paid Payment 4, 2611. For questions, contact ' $0 $435,645 Certificate of Obligation Bonds, Series 204 $275,000 $219,846 purchasing ®lapodeU.gov. Certificate of Obligation Bends, Seder 2005 $75,000 $55,210 For Information to register and General Obligation Bonds, Series 2005 $325,000 $240,142 Keep memories of your laved ones alive at chron.com/obits. Extend the life of a loved one's guesthook at chron.comlohits for a year — or forever — through sponsorship, Visit chron,com /abits for details unto to offer your condolences and view those from family and fr €ends, inun vresursurr uw'n, calling, sending the Long- horns reeling — again. The Gators won 24 - 21 last season, handing the 'Horns their last loss of the regular season, and they had the Longhorns- num- ber once again, taking a 21- 14 victory over'Dobie, then No. 8 in the area. Now Dobie needs a big bounce -back victory, but it will have to get it against a Humble team that has its own disappointing loss already this season — a 27- 25 season- opening setback against Channelview. AROUTTHEGAME ■ Matchupl Dobie vs, Humble ■ When. 7 p.m. Friday, Sept. 16 ■ Where: Veterans Memo- rial Stadium s What's at stake: The Wildcats want to build up a little momentum before opening district play next week by making it back -to- back non - district wins this week, The Longhorns need to bounce back after falling to Dickinson last week. N Dobie players to watch: QB Blake Jackson, RB An- 1 L yN a u ... Phillips credited the O- linefor helping Robinson run wild, particularly right tackle Treg Spigner and center josh Basquez, who both played well. ... De- fensive standouts this sea- son have included Anthony Simmons, sophomore DE Marlon Jackson and junior DE John Jones. K Humble: The Wildcats started strong against Channelview, taking a 12 -0 lead in the second on QB Kyle Tucker's 76 -yard TD run. He ran for another TD in the fourth and also threw a score, but his three inter- ceptions and two fumbles Jost by the Wildcats, were too much to overcome. ,,. Though it was a surprise loss, maybe it shouldn't have been. Channelview, a 5A club, played Humble close last season before falling 14 -12. =chr®n.corn MORE ONLINE: Tune to more on high school Sports today at chron.cam/ Ins and ultimatepasadena. cam I y This notice concerns the 2011 properly tax rates for O y of La Ports It preseole information about three tax rates. Last years tax rate Is the actual tax rate the lazing unit used to determine property taxes last year. This year's errectrva tax rate would Impose the same total taxes as last year if you compare properties taxed in both years, This year's mflback 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 tine tax base (the total value of taxable property) with adjustments as required by state Iaw.Tbe rates are given per$10 of property value. Last year's tax rate: Last year's operating taxes $13,577,184 Last years debt taxes $2,356,371 Last years total taxes $15,933,555 Lestyears tax b ase $2,244,162,676 Last years total tax rate $0.710;$100 This years effective tax rate: Last year's adjusted Fates $15,220,968 (after subtracfvig taxes on lest properly +This years adjusted tax base $2,123,919,068 (after subtracting value of new property) = This year's effective tax rate $0,756!$100 (Maximum rate unless unit puhlishes notices and holds hearings.) This year's rollback tax rate: t_ast year's adjusted operating taxes $12,885,102 (after subtracting taxes on lost Property and wipe ling for any transferred function, tax Increment financing, state criminal justice mandate „andlor enhanced indigent health care expenditures) This year's adjusted fax base $2,123,919,068 = This year's effective operating rate $0.607/$100 x 1.08 = this years maximum operating rate $0,6554100 +This year's debt rate $0.1051$400 = This years total rollback rate $0.760/$100 Statement of IncreasefDecrease If City of La Porte adopts 2015 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 units property tax accounts at the and of the fiscal year. Thse balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General rund $11,849,650 General Debt Service Fund $3,117,689 Schedule B - 2011 Debt Service 0 The unit plans to pay the following amounts for longterm debts that are secured by property tars. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). This notice contains a summary of actuat effective and rollback tax rates' calculations. You can inspect a copy of the toil calculations at City Hall 604 W Fairmont Parkway, to Porte. TX 77571. Name of person preparing this notice: Katherine R. Powell Title: Tax Manager Date Prepared: 01o112011 Principal, or Interest to be Contract Payment Pafdfrom Other Description to be Paid from Property Amounts Total of Debt - Property Taxes Taxes to be Paid Payment General Obligaticn Bonds, Series 2002 $270,000 $165,645 $0 $435,645 Certificate of Obligation Bonds, Series 204 $275,000 $219,846 $0 $494,840 Certificate of Obligation Bends, Seder 2005 $75,000 $55,210 $0 $130,210 General Obligation Bonds, Series 2005 $325,000 $240,142 $0 $565,142 General Obligation Bonds, Seder 2906 - - $56,000 $43,258 $u $93,258 Gerlificate of Obfigathn Bonds, Series 2006 $256,000 $215,410 $0 $465.410 Ceui icate of Obligation Bonds, Series 2007 $200,040 $3()4,308 $0 $504,308 General CbQgaeon Refunding Bonds, Series 2010 $400,00 $111,963 $o $511.363 Certificate of Obligation Bonds, Sevtes 2010 $325,440 _ $221,094 $0 $546,094 Total required for 2011 debt service $3,746,270 - Amount {f any) paid from funds listed in Schedule A $225,400 - Amount fit any) paid from other resources $7,248,271 - Excess collections last year $ = Total to be paid from taxes in 2011 $2,272,999 +Amount added in anticipation that the unit will $ collect only 100% of its taxes in 2011 = Total debt levy $2,272.999 RUNNING THE OFFENSE: Deer Park's Erin Shamburger, in yellow, attempts to set up herteammates during a recent match against Kingwood. t REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 26, 2011 Requested By Heather Weger Department: Human Resources Report Resolution: Ordinance: Exhibits: Summary of Recommendations Exhibits: Insurance Fund Summary Illustration Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION In light of the financial position of the City's Medical Fund, the Chapter 172 Committee has met with McGriff, Seibels and Williams on several occasions to discuss medical claims costs, the drivers of those costs and possible options to offset those costs. On September 8, 2011 the committee voted unanimously to recommend malting the following modifications to the City's Medical Plans: • No changes to In- network benefits • Increasing the Out -of- network deductibles from $2,000 to $3,000 for the HealthFund 1000 plan and from $1,000 to $3,000 for the PPO 500 plan • Increasing the coinsurance for out of network benefits from 40% to 50% for both Healthfund plans. • Modifying the plan to pay out -of network benefits at 110% of medicare allowable costs for professional fees and 140% of medicare allowable costs for facility fees. • Increasing the copaS- for formulaiv brand name drugs from $25 to $30 • Increasing the copaS- for non- formulaiv brand name drugs from $50 to $60. • Increasing the monthly premiums for active employees on the PPO 500 plan as follows: o $20 for employee only coverage o $40 for Employee + Spouse Coverage o $60 for Employee + Children coverage o $80 for Family coverage • The City offers 3 different Medical Plans. Employees are able to change plans during Open Enrollment. The monthly premium increase is for active employees on the PPO 500 plan only and not for current retirees on the PPO 500 plan. The annual cost savings for the recommended plan modifications is estimated to be $366,677 annually. In addition, the increase in premiums for the PPO 500 plan is an estimated $90,000 annually based on current participation. The total cost savings for this recommendation is an estimated $456,667 annually to the City's Healthfund. Action Required by Council: Approve the Chapter 172 Committee's recommendation for modifications to the City's Medical Plan and Premiums. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte Insurance Fund (014) Summary Working Capital 9 130110 Plus Estimated 10 -11 Revenues Less Estimated 10 -11 Expenses Equals Estimated Working Capital 9/30/09 Reallocation of Working Capital Equals Estimated Working Capital 9 130111 Plus 11 -12 Revenues: Charges to Departments Employee Contributions* Retiree Contributions Administrative Transfers Interest Total Revenues Equals Total Resources Less 11 -12 Expenses: Employee Health Services Total Expenses Equals Estimated Working Capital 9 130112 1,312,433 1,312,433 1,312,433 1,312,433 3,586,828 3,586,828 437,500 370,000 85,000 85,000 4,125 4,125 4,113,453 4,045,953 5,425,886 5,358,386 4,564,402 4,839,410 4,564,402 4,839,410 $ 861,483 $ 518,976 The amounts shown in this illustration reflect the estimated savings from 1/1/2012 - 9/30/2012 *This amount is an estimate based on current participation REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance X Exhibits: Inspection Report Exhibits: Exhibits Condemnation Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On March 28, 2011 City Council reviewed the findings of the Dangerous Building Inspection Board and granted an April 25, 2011 public hearing date. On April 25 the hearing on 1307 E. Main was continued until June 27, 2011. At the June 27 meeting, Council continued the public hearing until September 26, 2011. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII: Section 82 -475 of the Code of Ordinance, were provided to the structure owner. The individual attended the previous public hearings and is aware of the continuance granted by Council. In addition. staff provided meeting reminder letters. The owner of the property is deceased and a son is handling the probate of the property. At the last meeting, the son advised the probate was undeiN ay but not complete and their potential buyer was still interested in purchasing the property. No change at the property has occurred and staff has left messages requesting an update on the probate process: however, at time of this agenda preparation, no new information has been received. A condemnation ordinance has been prepared to allow Council flexibility of condemnation versus continuance of the public hearing should the representative provide Council with an update that involves a request for more time. Action Required by Council: Consider passage of ordinance or other action regarding condemnation of the substandard building at 1307 E. Main. Approved for City Council Agenda Ron Bottoms, City Manager Date City of La Porte DANGEROUS BUILDLIG INSPECTION FORM HATE: 2- 2I -2a1 ] STREET ADDRESS: 1307 E. MAIN OR'NEiL' JANE Ft.T UA LEAS P. O. BOX 7] 8 LA PORTS TX 77572 -II778 DEED ORTNE T LA PORTS TX 77571 OTHER: GREG LEWTS 731a PINE SHADOWS LN BAY OWN. TX 77521 LEGAL: BLK 989 LT 8 -16 LA PORTE OCCUPANCY TYPE: M ZONING: ' R -2 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: NO.OF DWELLING UNITS: GA$: X VACANT: X OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE 130ARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMD MD THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82 -473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; )N 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage propertY; tit 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (e) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Bufldings Inspect€on Farm Page 2 � 6, Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 4 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation,or in such a condition that is likely to cause sickness or disease; 4 S. 'Vi'henever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical Installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Cade and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; � 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, bealth, property or safety; 3, u'benever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION SELECT OPTION 91: PAWABLE - RESJDRt `IAL IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDWG REGULATIONS THE 2009 114TERNATIONAL RESIDENTIAL CODE AND TBE 2008 NATIONAL ELECTRICAL CODE AS ADOPTED AMEND AND ENACTED BY CITY ORDINANCES #04 -2700. #96- 2079 -K AND #96- 2079 -L. USING THE REGULATIONS AND CODE AS ITS GUIDE PT IS THE OPINION OF TILE laAIdGEROUS I3UlLDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS BUT STTL REPAIRABLE. ALL REQ UIRED REPAW OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF TIE REPAIR OR ALTERATION ORDER IS NO T COMPLIED WII H WITFIIN THE TIMETABLE SET OUT IN ARTICLE SECTIO 82 478 IT IS 7 THE OPINION OF THIS BOARD THAT THIS BIMQING BE DEMOLISHED. BUILDING OFFICIALS OFFICE DATE C- FME MARSHALS OFFICE DATE X Fun CHIEF'S OFFI DATE Dangerous Building Inspection Form Page 3 SACity Phnn'ig Sharel04- 1NSPECnGN 9l6NL4LLOTFMR SnTnCodt EnLm-in -Man Bwldin �2[Fllf 1EMAINll1SP FORMA BU L.DING FV6LUATIO1t CFIECI:LIST A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COUNT 1 EXPLANATION A. Foundation 1. Slab NIA 2. Pier & Beam a. Footings A b. Sills UNK NOT VISIBLE C. Joists UNK NOT VISIBLE B. Walls 1. Exterior A 2, interior UNK UNABLE TO ACCESS C. Means of Egress 1. Doors a. Interior UNK LINABLE TO ACCESS b. Exterior A 2. Porches, Steps, Stairs A 3. Windows A D. Roof 1. Rafters D ROT 2. Deck, Shingles D SINGLES MISSING, FACIA ROT Ir. Ceilings 1. Joists UNK NOT VISIBLE 2. Ceiling D FALLING IN SEVERAL SPOTS F. Floors UNK UNABLE TO VIEW G. Other 11. A4EHCANICAL SYSTEMS A. Electrical 1. $twice Entrance & Panel D NO DEAD FRONT 2. Wiring UNK UNABLE TO ACCESS 3. Lights, Switches UNK UNABLE TO ACCESS 4. Outlets UNK UNABLE TO ACCESS 5. Other R. Plumbing 1. Fixtures a_ Sink UNK UNABLE TO ACCESS b. Lavatories UNK UNABLE TO ACCESS c. Water /Closets UNK. UNABLE TO ACCESS d. TuMhower UNK UNABLE TO ACCESS e. Water heater UNK UNABLE TO ACCESS 2. Water Piping UNK UNABLE TO ACCESS 3, Drain, Taste & Vent UNK. UNABLE TO ACCESS 4. Sswer /Septic tank UNK UNABLE TO ACCESS 5. Gas System UNK UNABLE TO ACCESS C. Heating & A/C 1. Heating UNK UNABLE TO ACCESS 2. Air Conditioning UNK EXISTING UNIT III. PROPERTY CONDITIONS 1. Accessory Structures D 3 ACC BLDGS• BAD ROOFS & ROT 2. Condition of Grounds A 3. Other Comments: SEPTIC TANK ON SITE SACity Phnn'ig Sharel04- 1NSPECnGN 9l6NL4LLOTFMR SnTnCodt EnLm-in -Man Bwldin �2[Fllf 1EMAINll1SP FORMA ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 989, LTS 8116, LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JANE FUQUA LEWIS, JANE LEWIS, & GREG LEWIS, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that; After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Orduiance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST., Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX 77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA TORTE, TX 77571, and GREG LEWIS whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO FORWARD" ON APRIL 1, 2011 (BOX 718_ ADDRESS) AND AS "NO MAIL RECEPTACLE" ON APRIL 1, 2011 (FOR 1307 E MAIN ST. ADDRESS) AND ON APRIL 2, 2011 (PINE ,SHADOWS IN. ADDRESS ) a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; the April 25 public hearing was continued for 60 days, to June 27, 2011; and the June 27`' public hearing was continued for 90 days, to September 26, 2011; Orduiance No. Page 3 WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on September 26 2011 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2, Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that JANE FUQUA LEWIS, , who resides at P. O. BOX 718, LA PORTE, TX 77572- 0178,_ JANE LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders the said JANE FUQUA LEWIS JANE LEWIS and GREG LEWIS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Pone to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the 8xterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Ordinance No. Page 4 Section 7 . The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said JANE FUQUA--LEWIS, JANE LEWIS, and GREG LEWIS not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hercof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9 . The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of Ordinance No, CITY OF LA PORTE ATTEST; Patrice Fogarty, City Secretary Page 5 Louis R. Rigby, Mayor AP E;& Clark T. Askins, Assist. City Attomey REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reques Sentemher 26, 2011 Requested By: Michael G. Dolby Department: FINANCE Report Resolution Ordinan XX Exhibits: Exhibits: Exhibits: Ordinance Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: Amount Requested: N/A Budgeted Item: SUMMARY & RECOMMENDATION This City's sales and use tax consultant noted that the City did not have an ordinance on file with the comptroller's office, which repeals the exemption for taxing telecommunication services. Telecommunication services and mobile telecommunication services in Texas are exempt from sales taxes unless the governing body of a municipality passes an ordinance repealing the exemption. Telecommunications services that are subject to both state and local sales tax include such things as: Basic local exchange service, installation and service connection fees, intrastate long- distance telephone calls, call waiting, call forwarding, paging, intrastate coin - operated telephones, mobile telephone service, facsimile (fax) service, mobile radio service, equipment rented or leased to the customer in connection with a telecommunication service. Staff is recommending this change to increase our sales tax revenue. Action Required by Council Approve ordinance to repeal the exemption from the collection of sales taxes on telecommunication services. Approved for City Council Agenda Ron Bottoms, City Manager Date ORDINANCE NO. AN ORDINANCE REPEALING THE EXEMPTION FROM COLLECTION OF SALES TAX ON TELECOMMUNICATION SERVICES, UNDER AUTHORITY OF TEXAS TAX CODE SEC. 321.210; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of La Porte seeks to provide for the health, safety and welfare of its citizens; and WHEREAS, Section 321.210 of the Texas Tax Code exempts from municipal sales taxes sales within a municipality of telecommunications services unless the application of the exemption is repealed; and WHEREAS, the Texas Tax Code permits the governing body of a municipality by ordinance adopted by a majority vote and in the manner required for the adoption of other ordinances to repeal the application of the sales tax exemption for telecommunications services sold within the municipality; and WHEREAS, the Council finds that a repeal of the telecommunications sales tax exemption as described by Section 321.210 of the Tax Code is in the best interest of the health, safety and welfare of its citizens; now, therefore, NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. (1) The exemption from the taxes imposed under the authority of Texas Tax Code § 321.101, known as the local sales and use tax, on the receipts from the sale within the city of telecommunications services be and the same is hereby repealed. (2) For the purpose of this ordinance, "telecommunication services" means the electronic or electrical transmission, conveyance, routing or reception of sounds, signals, data or information utilizing wires, cable, radio waves, microwaves, satellites, fiber optics or any other method now in existence or that may be devised, and shall include all of the services which, but for the exemption repealed hereby, would be taxable by the city under provisions of the Local Sales and Use Tax Act. (3) The tax provided for hereunder shall not serve as an offset to, be in lieu of or in any way reduce any amount payable to the City of La Porte pursuant to any franchise, street use ordinance, statute or without limitation by the foregoing enumeration, otherwise payable by any provider of telecommunications service; it being the express intent hereof that all the obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby. Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5 . This Ordinance shall be effective on PASSED AND APPROVED this the day of September, 2011. CITY OF LA PORTE By: Mayor Louis R. Rigby ATTEST: City Secretary APPROVED: City Attorney REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Mayor Rigby /Councilmember Moser Department: City Council Report: Resolution: Exhibits: Exhibits: Exhibits: Ordinance: Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION This is a discussion /possible action item regarding pedestrian and vehicular safety measures on Main Street including, but not limited to, traffic signals and cross walks. Action Required by Council: Discussion or other action regarding pedestrian and vehicular safety measures on Main Street including, but not limited to, traffic signals and cross walks; and provide staff with direction. Approved for City Council Agenda Ron Bottoms, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibit: Klotz PowerPoint Presentation Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City of Pasadena is currently considering Improvements to B112 -00 -00 (Willow Springs Gully) adjacent to the City of Pasadena Convention Center for a Proposed Watei Complex. Preliminaiv hydraulic models indicate that improvements to B 112 -00 -00 would reduce the water surface elevations of B112 -00 -00 North of Fairmont Parlcwav between 0.50 to 1.0 feet with the most reduction at Fairmont Parkway and decreasing to the North. These Improvements could offset the need for Channel Lining of B112 -00 -00 and Diversion of HCFCD Unit B112 -02 -00 to Unit B109 -03 -00 or add to the reduction of the water surface elevation in B112 -00 -00 if constructed. These projects are valued at $3,000,000 for Channel Lining B112 -00 -00 and between $2,800,000 and $3,900,000 for Diversion of HCFCD Unit B112 -02 -00 to Unit B109 -03 -00 for a total value ranging between $5,800,000 and $6,900,000. The City of La Porte has budgeted $25,000 for a study of B112 -00 -00 and is anticipating 100% participation by HCFCD. The City of La Porte is also anticipating the diversion of B112 -02 -00 to B- 109 -03 -00 be funded through HCFCD. The intent of this workshop is to quantify the degree of Drainage Benefit received by the City of Pasadena Convention Center Watertivay Complex. Then later, based upon the benefit provided, the City of Pasadena intends to request the City of La Porte consider De- annexation of approximately 99 acres of land from the City of La Porte ETJ in an effort to move fortivard with the City of Pasadena Convention Center Proposed Watertivay Complex. Klotz Associates has been asked by the City of Pasadena to present the Drainage Benefits for consideration. Action Required by Council: Receive report from Klotz Associates and provide staff with direction. Approved for City Council Agenda Ron Bottoms, City Manager Date September 26, 2011 Promenade WOO — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - Esplanade TRIIATTO.B, VASES 1 ! ,! I , :i l VARIES Top Low Flow L VER�CAL FOR WALK kNACENT WAVADJAMT WALL WALL TO N� ER TO WAS Bottom of Channel TRAIL V TAR • Proposed waterway improvements • Any Pasadena impact will be mitigated • The project will provide benefit to La Porte • Upstream flood levels between Fairmont Parkway and Spencer Highway reduced by 0.5 ft to 1.0 ft • Surrounding neighborhoods will benefit from lowering the flood levels EXECUTIVE SUMMARY • Lowering the water surface elevations will reduce the cost of identified channel improvements along B112 -00 -00 • Potential projects that can benefit include: • B112 -00 -00 Channel Improvements • Brookglen Detention • Willow Spring Tributary Redirect • Estimated value of benefits is approximately $5,000,000 • Potential for additional detention ponds • Potential for Regional HCFCD projects BENEFITS DEFINED REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requeste September 26, 2011 Requested By: D. W ilmore Department: Planning Report: X Resolution Ordinanc Exhibits: Table A, Sect. 106-331 / SIC Code 48361 Exhibits: Sample Group Home Regulations Exhibits: Ch. 123 & 105 — Human Resources Code Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION RecentIv the Police Department was contacted about two small unlicensed, home care facilities operated by the same gentleman. The complainant's concern related to improper care of a family member. That family member has since been relocated; however, the citizen's concern about the facility continues. Group homes (aka community homes, residential personal care homes, living centers and assisted living centers) are a vital part of today s society and the industiv is growing rapidly. The Police Department, Fire Marshal's Office and the Planning Department met to discuss the concerns. The only residential home care reference is part of Zoning Chapter 106. Table A, Sect. 106 -331 identifies group care facilities [SIC Code 48361 — Residential Care] as "conditional" in a high - density residential (R -3) zone and prohibits the facilities in both low- density (R -1) and mid - density (R -2) zones; however, this prohibition can conflict with Federal Fair Housing laws if otheitivise legally permissible facilities are operated in residential areas, in many situations. (See Attached) As part of a needed update to this section of the zoning ordinance, City departments are asking for direction regarding a possible local, annual registration requirement. The registration would not be intended to prohibit the use of the property as a group home. In fact, staff believes this registration tool would benefit the community s public health, safety and welfare by providing city personnel right -of- entiv (i.e. fire and building inspections to ensure safe habitability; police access to investigate public safety concerns) and requiring valuable facility information (i.e. maximum resident numbers and contact information). Staff does not believe a local registration requirement would conflict with Chapter 123, Sect. 123.003(b) of the Human Resources Code. (See Attached) A useful research tool is the American Planning Association (APA). APA data referenced existing group home regulations for the City of Santa Fe. Excerpts of those regulations (included in this packet) address: location, distance, parking, signs, visual compatibility, statutoiv licensing and outside lighting. Also, the use table included identifies a "use -by -right in all four residential districts ". At this time, staff is requesting some direction from Council. Possible direction could include: (1) Request the Planning and Zoning Commission (P &Z) update zoning sections to eliminate state /federal law conflicts; (2) Request P &Z consider local registration regulations along with the zoning update; or (3) other direction. Action Required by Council: Receive report and provide staff with direction regarding group homes (aka community homes, residential personal care homes, living centers and assisted living centers) Approved for City Council A6enda Ron Bottoms, City Manager Date ZONING § 106-331 Uses (SIC Code Zones R-i R-2 R-3 IVIH LL Manufactured housing parks P(F, D) Manufactured housing P Group care facilities no closer than 1,000 C feet to a similar use (836) Childcare home in private home (sex-vices P P P p P no more than 6) Daycare centers (services more than 6) P P P (835) Freestanding on-premises identification See article VII of this chapter sign; townhouses, multi-family develop- ments, group care facilities, subdivisions, education and religious facilities Residential PUD (refer to section 106- C C C 636) Public parks and playgrounds P P P p P Recreational buildings and coinmunity cen- C P P P C ters (832) Religious institutions (866) C P(AB) P(A-B) P(AB) C Public or private educational institutions C P p P C limited to elementary, junior and senior high (8211) Junior colleges and technical institutes C P (8222) Boardinghomes (7021) P P Civic, social and fraternal organizations C (8641) Convalescent homes, sanitarium, nursing P or convalescent homes (805) Private garages, caxports and off -street A A A A A parking (associated with residential uses) Storage of recreational vehicles or boats A A A A A Storage of equipment in an accessory build- A A A A A ing or behind a screening device SUPP. No. 13 CD 106 :45 M in providing nursing and health-r;elated personal care are classified in Industry Group 805. Alcoholism rehabilitation centers, residential: with health care incidental Boys' towns Children's boarding homes Children's homes Children's villages Drug rehabilitation centers, residential: with health care dental IM s�IM alMaj , I • I - social or personal problems Halfway homes for delinquents and offenders Old soldiers'homes Orphanages Rehabilitation centers, residential: with Homes for children, with health care dental Homes for destitute men & women Homes for aged, with health care rITAMWIl �Santa Fe, Texas -Zoning -- CITY OF SANTA FE, TEXAS SUPPLEMENT HISTORY TABLE ' ARTICLE 1.-T|TLE. PURPOSE, APPLICATION, AND DEFINITIONS �, ARTICLE 2.'DEFINITIONS , ARTICLE 3.-ADMINISTRATION ART|CLE4.- ZONING DISTRICTS ART|CLE5.- SPECIAL USE REGULATIONS . ARTICLE o.' OFF-STREET PARKING, LOADING, INGRESS and EGRESS ART|CLE7.- OUTDOOR ADVERTISING SIGN REGULATION ARTICLE V.- PERFORMANCE STANDARDS ARTICLE 0.- PLANNING AND ZONING COMMISSION ART|CLE1D.- BOARD OFADJUSTMENT . ARTICLE 11.-ENFORCEMENT �,ARTICLE 112. CORRIDOR DEVELOPMENT STANDARDS APPENDICES j CODE COMPARATIVE TABLE -ORDINANCES Sec. l04.' General Definitions. Sec, 2.01. - General Definitions. For the purpose oY these regulations, words used in the present tense include the future tenses; words used in the singular number include the plural, and words in the plural include the singular, except where the natural and obvious construction of the writing indicates otherwise, The word '`may^im not discretionary unless the context in which itis used indicates otherwise, The word must and shall are mandatory in every instance. For purposes of this Ordinance, certain terms and words are to hv used and interpreted as hereinafter defined. 2.01.05 Group Home Au interim ur permanent residential facility shared by six 08or fewer people who du not meet the definition c#"familyy including any resident staff who share asingle housekeeping unit. (This use does not include facilities that permit sleeping arrangements on a daily basis.) See, 5.02.-GrOupHomes (Community Homes). 5.02.01. Location: Group homes shall bm permitted muaose-by-ri0htinARAgricultural-Residential Districtm, R-1 Single-Family Residential Districts R-2 N1u0'Fenm|iyRao|dem0e| 0stddn. R-3 Multi-Family Residential Districts and MH Manufactured Housing Districts only inconformity with the Tmmm "Community Homes for Disabled Persons Location Act'', known hereafter as the , Act''which limits the number of occupants bo six (0) residents and two (2) supervisors per residence in addition hn other |imKaUuna not stated herein, 5i0�02. Distance Requirement: A group hmmo shall bo located not less than one-half ( mile from any other group home am measured from the nearest boundary of the sites on which they are located (per the ^Act^'). 5.02.03. Parking Requirements: Parking shall be in accordance with Article 6, of this Ordinance and shall he limited aa res by the 'Y\ct'' 5.02.04. Signs: No signs shall bopermitted, 5�02.0& Visual Compatibility: No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties. 5.02.06. Statutory Licensing Requirements: All group homes shall meet every State Statutory licensing requirement. 5.82.U7. Outside Lighting: All outside lighting shall meet the performance criteria established |n Article 7, of this Ordinance APPENDIX 4-F DDS IRICT NAATR 111 2067 LhefflescrW Agkulhwal MnMe- Gan Farnity Residc,mtfal Reside nUal NATS Zoning, Dlstdcts AA u K I - MantlfaCtUrod Nolghbo•hood Highway AdOlt KNIA Family UMS Hmmhg C ornmemial Commerdal ManuMctudn I AR IR-1 IR-2 III -3 Ire H X = Use-by-right C = Conditional Use Permit required Ila portauan TITLE 8. RIGHTS AND RESPONSIBILITIES OF PERSONS WITH DISABILITIES BOND Sec. 123.001. SHORT TITLE. This chapter may be cited as the Community Homes for Disabled Persons Location Act. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Sec. 123.002. DEFINITION. In this chapter, "person with a disability" means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has: (1) an orthopedic, visual, speech, or hearing impairment; (2) Alzheimer's disease; (3) pre-senile dementia; (4) cerebral palsy; (5) epilepsy; (6) muscular dystrophy; (7) multiple sclerosis; (8) cancer; (9) heart disease; (10) diabetes; Page -1 - (11) mental retardation; (12) autism; or (13) emotional illness. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12. 01 (a) , ef. f . Aug. 26, sr COMMUNITY HOMES PROHIBITED. (a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential. (b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, k Sec. 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be: (1) a community-based residential home operated by: (A) the Texas Department of Mental Health and Mental Retardation; Page -2 - (B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities; (C) an entity subject to the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); or (D) an entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or (2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings.. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch. 491, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, Sec. 6, eff. Sept. 1, 1999. Sec. 123.003. REQUIRED SERVICES. A community home shall provide the following services to persons with disabilities who reside in the home: (1) food and shelter; (2) personal guidance; (3) care; Page -3 - (4) habilitation services; and (5) supervision. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12. 01 (a) , eff. Aug. 26, 1991. Sec. 123.006. LIMITATION ON NUMBER OF RESIDENTS. (a) Not more than six persons with disabilities and two supervisors may reside in a community home at the same time. (b) The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Sec. 123.007. LICENSING REQUIREMENTS. A community home must meet all applicable licensing requirements. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Sec. 123.008. LOCATION REQUIREMENT. A community home may not be established within one-half mile of an existing community home. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, 1991. Page -- 4 -- Sec. 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES. Except as otherwise provided by municipal ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right-of- way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home. Added by Acts 1991, 72nd Leg., ch. 16, Sec. 12.01(a), eff. Aug. 26, Sec. 123.010. ENSURING THE SAFETY OF RESIDENTS. The Texas Department of Mental Health and Mental Retardation shall make every reasonable effort to ensure the safety of community home residents and the residents of a neighborhood that is affected by the location of a community home. Added by Acts 1993, 73rd Leg., ch. 646, Sec. 14, eff. Aug. 30, 1993. HUMAN RESOURCES CODE TITLE 6. SERVICES FOR THE ELDERLY CHAPTER 105. RESIDENTIAL FACILITIES FOR THE ELDERLY Sec. 105.001. DEFINITIONS. In this chapter: (1) "Establishment" means a facility providing sleeping accommodations to two or more qualifying adult residents, at least 80 percent of whom are 65 years of age or older and offering, for a fee, one or more supportive contract with an agency licensed under Chapter Safety Code, or with another entity. (2) "Qualifying adult resident" means of a facility who is not related within the consanguinity or affinity to: or are disabled, services through 142, Health and an adult resident second degree by (A) a person who has an ownership interest in the facility; or (B) at least one other resident of the facility. (3) "Supportive services" means medical services, health-related services, or personal care services as defined by Section 247.002, Health and Safety Code. Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999. Sec. 105.002. EXEMPT FACILITIES. The following facilities are exempt from the application of this chapter: Page -1 - (1) housing in which all supportive services are arranged directly by the residents themselves and are provided by outside entities; (2) nursing facilities licensed under Chapter 242, Health and Safety Code; and (3) continuing care facilities regulated by the Texas Department of Insurance under Chapter 246, Health and Safety Code. Added by Acts 1999, 76th Leg., ch. 233, Sec. 5, eff. Sept. 1, 1999. Sec. 105.003. DISCLOSURE REQUIRED IN CONTRACT. An establishment that is not required to be licensed as an assisted living facility under Chapter 247, Health and Safety Code, shall execute a contract with each of its residents that contains, in addition to other required information, the following elements: (1) the name, street address, and mailing address of the establishment; (2) the name and mailing address of at least one person authorized to act on behalf of the owner or owners or management agent of the establishment; (5) a statement describing the licensure status of the establishment; (4) the name, mailing address, and telephone number of any provider, including any individual or entity, regardless of whether licensed, providing supportive services under a contract Page -2 - with the establishment; (-5) the term of the contract; (fl a description of the services to be provided that are included in the base monthly rate to be paid by the resident; ,(7) a description of any additional services available for an additional fee from a provider through a contract with the establishment; (8) a provision requiring the establishment to provide written notice of any change in fee schedules that outline the cost of additional services not later than the 31st day before the effective date of the change; (9) a description of the process by which the contract may be modified, amended, or terminated; (10) a description of the complaint resolution process available to residents; (11) the name, street address, mailing address, and telephone number of the resident's designated representative, if 51► (12) a description of the billing and payment procedures and requirements; (13) a statement ensuring the ability and right of residents to receive services from providers with whom the establishment does not have a contract; and (14) a statement identifying the life safety and fire Page -3 - codes met by the building and a statement indicating whether those codes are comparable to the codes with which an assisted living facility licensed under Chapter 247, Health and Safety Code, must comply. Added by Acts 1999, 76th Leg., ch. 233, Sec, 5, eff. Sept. 1, 1999. REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Mayor Rigby Department: City Council Report: X Resolution: Ordinance: Exhibits: News Release from Celanese Corp. Exhibits: Celanese Frequently Asked Questions Exhibits: ppropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION This is a discussion /possible action item regarding Celanese Corporation's project to convert natural gas into ethanol. Action Required y Council: Discussion or other action regarding a presentation by Marc Campos of Celanese Corporation on a project to convert natural gas into ethanol. Approved for City Council Agenda Ron Bottoms, City Manager Date M� Celanese Celanese Corporation, a global technology and specialty materials company, has developed an exciting new technology with the potential to bolster our domestic capacity to produce transportation fuels. This innovative technology is mature and commercially viable without government subsidies, and it is ready to begin producing ethanol from natural gas today. C elanese ethanol ir...... ... A homegrown energy solution With the development of this new process, Celanese is building on the long-standing American tradition of innovation in energy technology. This new technology allows us to: Capitalize on vast domestic reserves of natural gas for transportation fuels without altering current engine or fueling infrastructure or consumer behavior; and • Utilize an " All of the Above " approach to diversifying our transportation portfolio while protecting us frorn relying too heavily on any one solution.. ....4 viable complement to corn- ethanol Ethanol is the most widely accepted renewable fuel in the world today, however, the over - reliance on corn to produce ethanol has led to trurneroLrs unintended consequences, including: Rising corn prices, which has negative impacts on livestock and food production industries; Exacerbated environmental impacts associated with corn production; and Geographic disparity in regions of the country where corn cannot be economically produced. In addition, the Celanese ethanol process is more efficient than the traditional corn - ethanol fermentation process, providing greater energy return while utilizing far less water. .... A ble t o p roduce with ut Feder'a'rl subsidies We owe our success to creating unparalleled solutions through free - market competition. Because of the efficient nature of this technology and process, Celanese is able to produce ethanol competitive to corn - ethanol and without federal subsidies. Removing Federal subsidies enables technology to advance without artificial barriers or market- distorting advantages. ....A solution that should be able to compete under c r°rent uels poliey Current transportation fuels policy, governed largely by the Renewable Fuels Standard (RFS), picks winners and losers, disallows certain feedstocks and stunts the development of energy technology by providing an overly rigid framework for the fuels that can participate. In addition, the commercialization of Advanced Biofuels has not progressed as rapidly as hoped, leaving a void in our ability to supply domestically produced transportation fuels. If allowed to compete, Celanese ethanol could:. Expand private investment in alternative fuels technology; a Reduce federal investment in subsidized fuels and create good - paying, local jobs; and 0 Serve as a bridge to more sustainable advanced biofucls now being developed. ... ready to begin fueling Anterica'sfuture! unrBOt 6661374 0 Celanese Celanese Corporation 1601 West LBJ Freeway Dallas, TX 75234 USA R"I"r TU)ESDAY, tJ,',OVM 9, 201 %4 Pit C[i MTRAL STANDMIF. Celan;ese Develops Advanced Technology for Production Industrial—Use Ethanol the U.S. to utilize recently-developed advanced technology for the productio� of ethanol for chemical applications and other industrial uses. Celanesie's innovative process technology builds , • the company's industry-leading acetyl platform and integrates new technologies to produc e e ethanol using basic hydrocarbon feedstocks. M ROM - etW, ieeds." of each complex is expected to be approximately 400,000 tons, The company could begin industrial ethanol production within 30 months after project approvals. Current chemical appl!ication demand ror ethanol in China is approximately 3 million tons annually and is expected to grow between 8% and 10% per year. Celanese's technology allows capacity to be more than doubled at significantly less than the original investment to meet future demand. The China units would utilize coal as the primary raw material. Weidman also said: "While we are focusing on industrial uses at this time, we are also exploring a,pportunities to apply this technology to fuel ethanol applications in regions where the commercia� onment is supportive." Ethanol's uses in chemical and industrial applications include the manufacture of paints, coatings, inks and pharmaceuticals. Investor Relations Andy Green Phone: +1 972 443 4965 Telefax: +1 972 332 9373 am Media Relations Gretchen Rosswurm Phone +1 972 443 4847 Telefax: +1 972 443 8519 About Celanese Celanese Corporation is a global technology leader in the production of specialty materials and chemical products which are used in most major industries and consumer applications. Our products, essential to everyday living, are manufactured in North America, Europe and Asia. Known for operational excellence, sustainability and premier safety performance, Celanese delivers value to customers around the globe with best-in-class technologies. Based in Dallas, Texas, the company employs approximately 7,400 employees worldwide and had 2009 net sales of $5. 1 billion, with approximately 73% generated outside of North America. For more infon about Celanese Corporation and its global product offerings, visit www, celanese. coi This release may contain "forward-looking statements," which include information concerning the company's plans, objectives, goals, strategies, future revenues or performance, capital expenditures, financing needs and other information that is not historical information. When used in this release, the words "outlook, " "forecast, "estimates, " "expects, " "anticipates, " "projects, " "plans, " "intends," "believes, " and variations of such words or similar expressions are intended to identify forward-looking statements- All forward-looking statements are based upon current expectations and beliefs and various assumptions. There can be no assurance that the company will realize these expectations or that these beliefs will prove correct There are a number of risks and uncertainties that could cause actual results to differ materially from the results expressed or implied in the forward-looking statements contained in this release. These risks and uncertainties include, among other things: market acceptance of our technology discussed above; the impact of technological developments and competition; changes in general economic, business, political and regulatory conditions in the countries or regions in which we operate, the ability to obtain governmental approvals and to construct facilities on terms and schedules acceptable to the company, unanticipated operational or commercialization difficulties, including failure of facilities or processes to operate in accordance with specifications or expectations, unavailability of required materials and equipment; changes in the price and availability of raw materials, commodities and supplies; the ability to pass increases in raw material prices and other costs on to customers; the ability to achieve the anticipated cost structure, growth in demand for products produced from our technology in certain industries or geographic regions; compliance and other costs and potential disruption of production due to accidents or other unforeseen events or delays in construction of facilities; adoption of new or different industry or regulatory standards, ability of third parties, including our commercial partners or suppliers, to comply with their commitments to us, changes in the degree of intellectual property and other legal protection afforded to our products and processes; and various other factors discussed in the company's annual and quarterly reports with the Securities and Exchange Commission. Any forward-looking statement speaks only as of the date on which it is made, and the company undertakes no obligation to update any forward - looking statements to retlect events or circumstances after the date on which it is made or to reflect the occurrence of anticipated or unanticipated events or circumstances_ Celanese is a registered trademark of Celanese Corporation W Celanese Frequently Asked Questions Iw 13' ii � L'�,a; �. A. Celanese is able to leverage and build on several elements of our leading acetyls technology platform to produce ethanol from natural gas. This approach has never before been economically and commercially viable. Our flexible, scalable and proprietary technology achieves cost and capital efficiencies that are superior or comparable to any existing ethanol production methods. ,h you describing uses fossil fuel i th e nvironmental A . The Celanese technology is actually more efficient than the traditional corn - ethanol fermentation process. Less energy is required in the production of the fuel, leading to a greater return on energy investment and reducing the associated environmental impacts. Furthermore, through the diversification of our feedstock use we eliminate the environmental impacts associated with over- farming. Corn production originally occurred on the most efficient land for farming. The continued expansion of corn production onto less ideal land requires more irrigation and greater use of fertilizers, and it can result in soil erosion and agricultural water runoff into local waterways. Our technology has none of these problems or impacts. The bottom line is there are environmental trade -offs for all kinds of energy production --- both fuel and electricity. Envirom ental impacts are made worse when we over -rely on any one technology or process and overstress a particular aspect of the environment. 111 1111 11 A. No. The end product of our process is identical to ethanol from the traditional corn starch fermentation process. Celanese believes that an "All of the .Above " approach is necessary to address our future energy needs. It is our past reliance on a single solution that has led to our dependence on foreign petroleum. Celanese believes its technology can serve as a complement to the many viable solutions that currently exist or that are under development. E +E 1 111111111111 rill! 111111111 111111111' 11 111 11 � I III III 1 111111111111111 A. Comparing the lifecycle water usage of Celanese ethanol v. corn ethanol has shown that Celanese ethanol uses substantially less water. J Celanese Q. Are there other feedstocks that could be used with the Celanese technology and process? major shift in consumer behavior. Celanese intends to continue developing this technology, including finding commercially viable ways to use biomass feedstocks. Our hope is that by enabling our fuel to enter the market today, we can continue to advance this technology and further unlock its potential. 111 Ili I gill 11 a.r;�,��,�; A . Our end product is identical to corn ethanol. Q. What are the benefits of producing ethanol from natural gasp? A . Expanding our energy portfolio reduces our dependence on foreign sources of oil. As a country, we need to be mindful where our energy supplies come from and the stability with which we can obtain them.. (laving diverse and abundant sources of energy and fuel improves our national security. As a nation, we continue to increase our use of ethanol, both as a transportation fuel and as an industrial chemical used in the production of numerous other products. Vvbile corn -based ethanol has been able to meet the Federal mandates for ethanol in transportation, those mandates only represent a small fraction of our overall fuel needs. In addition, corn ethanol production has led to an increase in the price of corn. These increased costs have had a negative impact on those industries — particularly the food and feed industries that rely on corn. B diversifying the feedstocks we use to produce ethanol, we can alleviate the strain these industries are facing. N Celanese N; A. Absolutely. Continued investment in research, development and commercialization in the energy sector creates jobs at home while improving our competitiveness abroad. Energy demands are growing around the globe and energy solutions are in high demand. As a country, we can either be the developer of those solutions, or the purchaser. A. No. Celanese is self-funding the construction of its pilot production facility and is not seeking any Federal assistance for this investment. In addition, Celanese can produce its fuel at a cost competitive level, without Federal subsidies. That being said, we believe that Federal policy should be agnostic to technology and we would seek parity under the tax code so we could compete on a level playing field with other alternative fuels. 'full ; ? t# Ad No, under the current definitions of the IRFS it could not qualify because the feedstocks used to produce this ethanol are not biomass - based. =a , p A. If we are to truly address our domestic energy demands we need to explore all available technologies and feedstocks. There will be no "silver bullet' to meeting our energy needs. Increasing our consumption of biofuels will help, as will improvements in efficiency, but if we are to truly expand our domestic energy production we will need to think beyond any single solution. In addition, it is important that all regions of the country be able to assist in the production. Linder the current structure of the Renewable Fuels Standard, the bulls of fuels are to be produced from the midwest and heavy agricultural states. States outside that region are forced to purchase their fuels from these regions without preference to their own local solutions. By expanding the types of fuel eligible under the IFS, states would be empowered to become energy producers, rather than just consumers. It would also reduce the economic and environmental challenges associated with distributing current renewable fuel supplies from cony states to every corner of the country. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 26, 2011 Requested By Jason Bailev/Kathv Powell Department: Finance Report X Resolution: Ordinance Exhibits: Taxpayer's Rights, Remedies & Responsibilities Exhibits: Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Each Jan. 1 marks the beginning of property appraisal process, which depends upon the use of the property as of Jan. 1 and current market conditions. Between Jan. 1 and April 30, the appraisal district processes tax exemption applications, agricultural appraisals, other tax relief and property renditions. The appraisal district also makes value determinations for all taxable property within its boundaries. After May 1, the appraisal review board begins hearing protests from property owners. When the ARB finishes its work, the appraisal district gives each taxing unit a list of taxable property known as a certified appraisal roll. In August or September, the elected officials of each taxing unit adopt tax rates. Several taxing units may tax a single piece of property. Every nonexempt property is taxed by the appropriate county and local school district. Taxes may also be paid to a city and to special districts such as hospital, junior college or water districts. The tax roll is created when tax rates are applied to appraised values. Tax collections begin around Oct. 1, when tax bills are sent to property owners. Taxpayers have until Jan. 31 of the following year to pay property taxes. On Feb. 1, penalty and interest charges begin accumulating on most unpaid tax bills. Taxing units may impose an additional penalty on July 1 for collection costs for the delinquent tax attorney on unpaid taxes. On July 1 the delinquent tax attorney collection process begins. Jason Bailey from Perdue Brandon Fielder Collins & Mott is present to discuss the process that occurs after unpaid accounts are forwarded to the delinquent tax attorney. Action Required by Council: Receive presentation from Delinquent Tax Attorney; Perdue Brandon Fielder Collins & Mott discussing the delinquent tax collection process. Approved for City Council Agenda Ron Bottoms, City Manager Date e asic The property tax is the largest funding source for local services in Texas. Property taxes help to pay for public schools, city streets, county roads, police, fire protection and many other services. Property taxes are based on monetary value. For ex- ample, the property tax due on a vacant lot valued at $10,000 would be 10 times as much as the tax for one valued at $1,000. Property taxes are local taxes. Your local officials deter- mine a value for your property, set tax rates and collect your taxes. State law, however, governs the process. The Texas Constitution sets out five basic rules for the property tax: 0 Taxation must be equal and uniform. All property, whether residential or commercial, must be taxed equally and uniformly. No single property or type of properties should pay more than its fair share of taxes. f1 Generally, all tangible property must be taxed on the basis of its current market value. The Constitution provides certain exceptions, such as productivity values for agricultural and timber land. A property's market value is the price it would sell for when both buyer and seller seek the best price and neither is under pressure to buy or sell. Farm and ranch land can be valued on its capacity to pro- duce crops or livestock instead of its market value. This is called agricultural appraisal. Similarly, special timberland appraisal is available to property owners whose land produces timber for commercial use. f All property is taxable unless a federal or state law exempts it from the tax. The Texas Legislature may provide for Constitution- ally approved exemptions. Exemptions may exclude all or part of a property's value from taxation. Property owners have a right to reasonable notice of increases in appraised property value. T Each property in a county must have a single appraised value. Ho does the syste work? The Texas property tax system has four main participants: * The property taxpayer, whether residential or busi- ness, is responsible for paying taxes and has a reason- able expectation that the taxing process will be fairly administered. An appraisal district in each county, administered by a chief appraiser, determines the value of your property each year. The appraisal district's board of directors hires the chief appraiser. Local taxing units appoint the directors and fund the appraisal district according to a tax -based formula An independent appraisal review boarzl (ARB) settles disagreements between you and the appraisal dis- trict about your property's taxability and value. The appraisal district's board of directors appoints citizens to serve as ARB members. '" Local taxing units, including the school districts, counties, cities and special districts, decide how much money they must spend to provide public services. Property tax rates are set according to taxing unit budgets. Some taxing units have access to other revenue sources, such as a local sales tax. School districts must rely on the local property tax, in addi- tion to state and federal funds. The annual tax levy has four phases: property valuation, a protest period, tax rate adoption and tax collection. Each Jan. 1 marks the beginning of property appraisal, which depends upon the use of the property as of Jan. 1 and current market conditions. Between Jan. 1 and April 30, the appraisal district processes tax exemption applications, agricultural ap- praisals, other tax relief and property renditions. The appraisal district also makes value determinations for all taxable property within its boundaries. After May 1, the appraisal review board begins hearing protests from property owners. When the ARB finishes its work, the appraisal district gives each taxing unit a list of taxable property known as a certified appraisal roll. In August or September, the elected officials of each taxing unit adopt tax rates. Several taxing units may tax your property. Every nonexempt property is taxed by the appropriate county and local school district. You also may pay taxes to a city and to special districts such as hospital, junior college or water districts. The tax roll is created when tax rates are applied to appraised values. Tax collections begin around Oct. 1, when tax bills are sent to property owners. Taxpayers have until Jan. 31 of the following year to pay their taxes. On Feb. 1, pen- alty and interest charges begin accumulating on most unpaid tax bills. Taxing units may impose an additional penalty on July 1 for legal costs on unpaid taxes. The Property Tax Assistance Division (PTAD), a divi- sion of the State Comptroller's office, conducts an annual Property Value Study (PVS) for each school district for state funding purposes. This study measures property values within a school district to ensure equi- table school funding. The state sends more money to districts that are less able to raise money through local taxes. The Comptroller's values do not directly affect local values or property taxes. What � s the taxpa yer's role As a taxpayer, you should know your rights, understand the remedies available and fulfill your responsibilities under law. Know your rights: • You have the right to equal and uniform tax ap- praisals. Your property should be appraised at market value in the same way as similar properties in the area. ,, Your property should be taxed on its agricultural or timber value if it qualifies for such treatment and you apply timely. ,, You should receive all tax exemptions or other tax relief for which you qualify, if you apply for such relief in a timely fashion. *% You should receive notices of changes in your property's value or in your exemption status. d You should be informed about a taxing unit's pro- posed tax rate increase and have an opportunity to comment on it before the taxing unit's govern- ing body. Understand your remedies: ,, If you believe your property value determination is too high, or if you were denied an exemption or agricultural appraisal, you may protest to your ARB. If you do not agree with the ARB's deci- sion, you may take your case to binding arbitra- tion in some instances or to district court. • You may speak during public hearings when your elected officials are deciding how to spend your taxes and setting the tax rate. ,, You and your fellow taxpayers may limit major tax increases through elections to roll back or limit tax rates. Fulfill your responsibilities: ,, You must apply timely for general, aged 65 or older, disabled or any local- option homestead exemptions with the appraisal district where your property is located. ,, You must apply for other exemptions, agricultural appraisal and other forms of tax relief before the deadlines set by law. • You must report, or render, taxable business per- sonal property to your appraisal district. In doing so, you may give your opinion of the properfs value. • You should ensure that your property is listed with your correct name, current address and property description. ,, You must pay your taxes on time. You may not withhold or attempt to pay taxes into a special account to protest your assigned value, tax rates or the budget of a taxing unit. Ap pointing a Agent You may represent yourself in any property tax matter. You also may appoint a representative commonly called an "agent to handle specific duties. You don't need an agent to file for exemptions on your home; just obtain an application form from your appraisal district. To appoint an agent, you must provide that person with written authorization to represent you. You must use a special Appointment of Agent form (Form no. 50 -162), available from the appraisal district or the Comptroller's office. No form is needed, however, if the person is your attorney, mortgage lender, employee or a person acting only as a courier. The Appointment of Agent form asks you to cite a date upon which your authorization for this person will end. If you don't provide an ending date, the agent will con- tinue to represent you until you file a statement ending the appointment or appoint a new agent. Zexas Comptroller of Public Accounts • Property IaxAssistance Division I Taxpayers' Rights, Remedies and Responsibilities Savings an, om Y . a" e An exemption removes part of the value of your prop- erty from taxation and lowers your tax bill. For exam- ple, if your home is valued at $50,000 and you qualify for a $15,000 exemption, you pay taxes on your home as if it were worth only $35,000. Other than exemp- tions offered to disabled veterans or their survivors, these exemptions apply only to your homestead and not to any other property you may own. Does your home qua ify for exemptions? You must own your home. To qualify for a general homestead exemption, you must own your home on Jan. 1. You can qualify for the aged 65 or older or disabled homeowner exemp- tions as soon as you turn 65 or become disabled. You must own the home and it must be your prin- cipal residence. You will receive the exemption back to Jan. 1 of that tax year. Your homestead can be a separate structure, condo- minium or manufactured home located on leased land, as long as you own the home itself. Your homestead includes your house and the land used in the residential use of your home, not to exceed 20 acres. A residence may be owned by an individual through an interest in a qualifying beneficial trust and the residence is occupied by the trustor of the trust. If you are not the sole owner of your home, you will receive only a portion of any qualified exemption, based on your percent of ownership. For example, if you own a 25 percent interest in a homestead valued at $100,000, for a total value of $25,000, you will receive 25 percent of a $15,000 school homestead exemption, or $3,750. You must use the home as your principal residence on Jan. 1. If you have more than one house, you can re- ceive exemptions only for your main or principal residence. You must live in this home on Jan. 1. A person may not receive a homestead exemption for more than one residence homestead in the same year. If you temporarily move away from your home, you can still receive an exemption as long as you intend to return and do not establish another principal residence. "Temporarily' means an absence of less than two years. An absence for military service out- side the U.S. or a stay in a facility providing services related to health, infirmity or aging, however, may be longer. For instance, if you enter a nursing home, your home still qualifies as your homestead if you intend to return to it, even if you are away for more than two years. Renting part of your home or using part of it for a business does not disqualify the rest of your home for the exemption. Note: Texas has two distinct laws for designating a homestead. The Texas Ta Code offers homeowners a way to apply for homestead exemptions to reduce local property taxes. The Texas Property Code allows homeowners to designate their homesteads to pro- tect them from a forced sale to satisfy creditors. This law does not, however, protect homeowners from tax foreclosure sales of their homes for delinquent taxes. Types of Home Exemptions School Taxes - All Homeowners You will qualify for a $15,000 homestead exemption on your home's value for school taxes. County Taxes - All Homeowners If your county collects a special tax for farm -to- market roads or flood control, you will receive a $3,000 exemption for this tax. If you qualify for county local- option exemptions for senior or dis- abled homeowners (see below), you will receive only the county local- option exemptions and not the $3,000 exemption. Optional Exemptions - All Homeowners Any taxing unit, may offer you an exemption for up to 20 percent of your home's value, with a minimum of $5,000. For example, if your home is valued at $20,000 and your city offers a 20 percent exemption, your exemption is $5,000, even though 20 percent of $20,000 is $4,000. Each taxing unit decides whether to offer the optional exemption and at what percentage, and must do so before July 1 of the tax year to offer the exemption that year. This exemption is added to any other home exemption for which you qualify. Age 65 or Older Homeowners If you are 65 or older, your residence homestead qualifies for more exemptions. These property owners qualify for a $10,000 home- stead exemption for school taxes in addition to the $15,000 exemption offered to all homeowners. If you qualify for both the $10,000 exemption for aged 65 or older homeowners and the $10,000 exemption for disabled homeowners (see the follow- ing section), you must choose one or the other for school taxes; you cannot receive both. In addition to the $10,000 exemption for school taxes, any taxing unit including a school district can offer an additional exemption of at least $3,000 for taxpayers aged 65 or older. When you receive an aged 65 or older homestead exemption, you also receive a "tax ceiling" for your total school taxes; that is, the school taxes on your home cannot increase as long as you own and live in that home. The tax ceiling is set at the amount you pay in the year that you qualify for the aged 65 or older homeowner exemption. The school taxes on your home subsequently may fall below the ceiling. Tax ceilings can go up if you modify your home (other than by normal repairs and maintenance). For example, if you add a garage or a room to your home, your tax ceiling can rise. It will also change if you move to a new home. The county, city or a junior college district also may freeze or limit your taxes by adopting a tax ceiling. The ceiling goes into effect after the unit adopts the limitation and you qualify your home for the aged 65 or older exemption. A tax ceiling does not expire when the owner conveys the interest in the home to a trust, if the owner - trustor occupies the home. If you do not claim another homestead in the same year, you will receive the aged 65 or older exemption for the full year. If you claim another homestead during the same year, you will no longer qualify for the exemption on the old home for the remaining portion of that year. Taxing units will prorate the taxes based on the number of days elaps- ing after you no longer qualify for the exemption, to the end of the year. If you purchase another home in Texas, you may transfer the percentage of school tax paid based on your former home's aged 65 or older school tax ceil- ing to your new home. For example, if you currently have a tax ceiling of $100, but would pay $400 in school taxes without the tax ceiling, the percentage of tax paid is 25 percent. If the taxes on your new home are $1,000, the new school tax ceiling would be $250, or 25 percent of $1,000. You must request a certificate from the appraisal district for the former home to take to the appraisal district for your new home, if it is in a different district. To transfer your tax ceiling for the purposes of county, city or junior college district taxes, however, you must move to another home in the same taxing unit. When homeowners who have been receiving the aged 65 or older exemption and tax ceiling die, these transfer to the surviving spouses, as long as they are 55 or older at their spouse's death and live in and own the home. The survivors should apply to their appraisal district to transfer the exemption. If your spouse dies in the year of his or her 65th birthday, but has not applied for the aged 65 or older exemption, you may apply for it as the surviv- ing spouse. The exemption remains in effect for as long as the survivor owns and lives in the home. If a surviving spouse, aged 55 or older, purchases another home, he or she may transfer the percentage of tax paid based on the former home's tax ceiling to the new home. Again, to retain the county, city or junior college district tax ceiling, the new home must be in the same taxing unit. Homeowners aged 65 or older who apply for the exemptions also may pay their home taxes in install- ments; see page 8 for details. If you are a homeowner aged 65 or older, you may defer, or postpone, paying any property taxes on your home for as long as you own and live in it. To postpone your tax payments, file a "tax deferral affi- davit" with your appraisal district. You may suspend any lawsuit by filing this affidavit with the court or stop a pending tax sale by filing the affidavit with the officer conducting the sale and the appraisal district, taxing unit or taxing unit's delinquent tax attorney. A tax deferral, however, only postpones your tax liability. It does not cancel it. Interest on the sum due accrues at the rate of 8 percent a year. Once you or your surviving spouse no longer own your home or live in it, past taxes and interest become due 181 days later. Any penalty and interest that was due on the tax bill for the home before the tax deferral will remain on the property and become due when the deferral ends. Homeowners with Disabilities Persons with disabilities qualify for certain tax ex- emptions. "Disability' means: (A) an inability to engage in any substantial gainful activity by reason of any medically determin- able physical or mental impairment that can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months; or (B) blindness, meaning vision of 20/200 or less in the better eye with the use of a correcting lens, in persons aged 55 or older. If you qualify for disability benefits under the Feder- al Old Age, Survivors and Disability Insurance Pro- gram administered by the Social Security Adminis- tration, you will qualify for disability exemptions. Disability benefits from any other program do not automatically qualify you for this exemption. Con- tact your appraisal district for information on what proof of disability is required. 2 Texas Comptroller of Pu blic Accounts • Property Tax Assistance Division Taxpayers' Rights, Remedies and Responsibilities If disabled, you will qualify for a $10,000 exemp- tion for school taxes in addition to the $15,000 exemption granted to all homeowners. In addition, any taxing unit may offer an exemption of at least $3,000 to homeowners with disabilities. Disabled homeowners have a ceiling imposed on their school taxes similar to that provided to hom- eowners aged 65 or older. The school taxes on your home cannot increase as long as you own and live in it. School taxes on your home may fall below the ceiling. Your tax ceiling may rise if you modify your home (other than by normal repairs or maintenance). For example, if you add a garage or a room to your home, your tax ceiling can go up. Your tax ceiling also will change if you move to a new home. The ceiling does not expire, however, when a disabled owner conveys his or her interest in the home to a trust, if the owner - trustor continues to occupy the home. A county, city or junior college district also may freeze or limit your taxes by adopting a tax ceiling. The ceiling goes into effect after the unit adopts the limitation and you qualify your home. If you do not claim another homestead in the same year, you will receive disabled exemptions for the full year. If you do claim another homestead dur- ing the same year, you will no longer qualify for the exemption on the old home for the remainder of that year. Your taxes will be prorated based on the number of days that elapse after you no longer qualify for the exemption. As with the aged 65 or older exemption, if you pur- chase another home in Texas, you may transfer your former home's school tax ceiling percentage to the new one. To do so, you must qualify your former home for the exemption in 2003 or afterward. You may request a certificate from the appraisal district for your former home to present to the appraisal district for your new home. Again, for exemption from taxes levied by a county, city or junior college district, you must transfer the tax ceiling to another home in the same taxing unit. When homeowners who receive disabled hom- eowner exemptions die, the tax ceiling (but not the exemptions) offered by a county, city or junior college district transfers to their surviving spouses, if they are disabled or 55 or older at their spouse's death and live and have ownership in the home. An interpretation of the law is required regarding the transfer of a school tax ceiling to a surviving spouse. To determine how the law for transferring the ceil- ing is interpreted locally, survivors should apply to their appraisal district. Disabled homeowners who apply for homestead exemptions also may pay their home taxes in install- ments. See page 8 of this guide for details. Disabled homeowners may defer, or postpone, pay- ing any property taxes on their homes for as long as they own and live in them. To postpone your tax payments, file a "tax deferral affidavit" with your appraisal district. You also may suspend any lawsuit by filing an affidavit with the court or stop the home's tax sale by filing the affidavit with the officer conducting the sale and the appraisal district, taxing unit or taxing unit's delinquent tax attorney. This deferral applies to all property taxes of the taxing units that tax your home. A tax deferral, however, only postpones your tax liability. It does not cancel it. Interest on the sum due accrues at the rate of 8 percent a year. Once you or your surviving spouse no longer own your home or live in it, past taxes and interest become due 181 days later. Any penalty and interest that was due on the tax bill for the home before the tax deferral will remain on the property and become due when the deferral ends. F "arty you a disabled veteran or survivor? You may qualify for a property tax exemption if you are either (1) a veteran who was disabled while serving with the U.S. armed forces or (2) the surviving spouse or child (under 18 years of age and unmarried) of a disabled veteran or a member of the armed forces who was killed while on active duty. You must be a Texas resident to receive this exemption. You also must have documents from either the Veter- ans' Administration or the appropriate branch of the armed forces showing the percentage of your service - related disability. Your disability rating must be at least 10 percent. If you are a surviving spouse or child, you must have the veteran's disability records. You may need other documents as well, such as proof of marriage or age. This exemption ranges from $5,000 to $12,000, de- pending on the extent of the disability. This exemption is not only for a home; you can apply it to any proper- ty you own on Jan. 1. You may pick only one property to receive the exemption, however. What st oW d new homeowners do? Before you buy a home, you or your mortgage com- pany should obtain a tax certificate for the home from all jurisdictions that tax it. The tax certificate will show whether delinquent taxes are owed on the property; you can't get a clear prop- erty title until you have paid all delinquent taxes. If your mortgage company pays property taxes on your home out of an escrow account, make sure the taxing units send original tax bills to the company. You may want to request a receipt to verify that the mortgage company pays these taxes on time, and to use for federal income tax purposes. You should apply to the appraisal district for a resi- dence homestead and any other exemptions. You must apply to the appraisal district that ap- praises your home. If you sold your previous home in Texas, make sure it's listed under the new owner's name and address. If your home is new, you should receive a notice of appraised value from your appraisal district in April or May. Contact the district if you don't receive it, or if it does not list all taxing units to which you will owe taxes. If you no longer qualify for the general, aged 65 or older or disabled homestead exemption, you should notify the appraisal district in writing. If you fail to do so and don't pay your taxes in full, you will face a 50 percent delinquent tax penalty, plus interest. ays . r i .. Agricultural appraisal lowers the taxable value of land. As noted previously, it values land based on its capacity to produce crops, livestock, manage wildlife or timber, rather than its value on the real estate market. This method typically reduces your property tax bill. What land quafifies? Taxpayers may qualify for agricultural appraisal un- der two different provisions in the constitution. The newer one is called "open -space valuation" or "1 -d -1 appraisal" (after Article 8, Section 1 -d -1 of the Texas Constitution). Nearly all land that receives agricultural appraisal falls under this law. Details on the older law known as "1 -d" or "agricultural use" are available from your appraisal district. Very few landowners apply for " 1 -d," since you have to show at least 50 percent of your income comes from farming or ranching. To receive "t -d -t appraisal," your land must meet the following criteria: The land must be devoted principally to agricultural use. Agricultural use includes the production of crops, livestock, poultry, fish or cover crops. It also can include leaving the land idle for a government pro- gram or for normal crop or livestock rotation. Land used for raising certain exotic animals or birds to produce human food or other items of commercial value and wood for use in fences or structures on adjacent agricultural land also qualifies, as does land used for wildlife management. Wildlife man- agement land must previously have qualified as open -space land for other purposes, except for land subject to some federal permits. Wildlife manage- ment land must be used in at least three of seven specific ways to propagate a breeding population of wildlife for human use. See the Comptroller's Guidelines for Qualification of Agricultural Land in Wildlife Management Use, available from the Texas Texas Comptroller of Public Accounts • Property Tax Assistance Division 3 Taxpayers' Rights, Remedies and Responsibilities Comptroller's office (address and Web site on back of this book). *' Timberland must be used with the intent to produce income and be devoted principally to the production of timber. * Both agricultural land and timberland must be devoted to production at a level of intensity that is common in the local area *' The land must have been devoted to agricultural and /or timber production for at least five of the past seven years. Land within the city limits, however, must have been devoted to such use continuously for the preceding five years, unless the land did not receive substantially equal city services as other properties in the city. If your land has qualified for agricultural appraisal and you change its use to a non - agricultural purpose, you will owe a "rollback" tax for each of the previ- ous five years in which your land received the lower appraisal. The rollback tax is the difference between the taxes you paid on your land's agricultural value and the taxes you would have paid if the land had been taxed on a higher market value. In addition, 7 per- cent interest is charged for each year from the date on which taxes would have been due. The chief appraiser determines whether a change to a nonagricultural use has been made and sends the taxpayer a notice of the change. If you disagree, you may file a protest with the appraisal review board. You must file this protest within 30 days of the date on which the notice was mailed to you. If you don't protest or if the ARB decides against you, you owe the rollback tax. The owner who changes the land's use receives the rollback tax bill, even though you may have not owned the land when it received the tax break. New Busiriess/ Goino Out of Business If you own a new business, you must report, or render, your income - producing personal property, including furniture, fixtures, equipment and inventory. (See page 5 for information on "rendition. ") You will pay taxes on the property that you own on Jan. 1 of the tax year. Motor vehicle dealers, boat and outboard motor deal- ers, manufactured housing retailers and heavy equip- ment dealers should check with their local appraisal district or county tax office for details on how to report property and pay taxes on their inventory. The appraisal district's staff may enter and inspect your premises to determine what taxable personal property you own and its value. They make such inspections during normal business hours or at a time agreeable to both parties. If the total taxable value of your business personal property is less than $500 in any one taxingjurisdic- tion, it is exempt in that jurisdiction. For example, if your office equipment in the city is worth $300, you will not pay city property taxes on it. If the total value of all equipment you own within school district or county boundaries is $500 or more, you will pay school and county property taxes on that equipment. No application is required to receive the under -$500 exemption. If you go out of business after the first of the year, you will still be liable for taxes on the personal property you owned on Jan. 1. You aren't relieved of this liability be- cause you no longer own the property. If you conduct a "going out of business" sale, you must request a "go- ing out of business" permit from the appraisal district. Check with your appraisal district for more details. al " �� ° Each county's appraisal district determines the value of all taxable property within the county. Before the appraisals begin, the district compiles a list of taxable property. The listing for each property contains a de- scription and the name and address of the owner. The appraised home value for a homeowner who quali- fies his or her homestead for exemptions in the preced- ing and current year may not increase more than 10 percent per year. Property Tax Code Section 23.23(a) sets alimit on the appraised value of a residence homestead, stating that its appraised value for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) 10 percent of the appraised value of the property for last year; (B) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property, excluding a replacement structure for one that was rendered uninhabitable or unusable by a casualty or by mold or water damage. The appraisal limitation first applies in the year after the homeowner qualifies for the homestead exemption. How i a your property valued? The appraisal district must repeat its appraisal process for property at least once every three years. To save time and money, the appraisal district uses mass appraisal to appraise large numbers of properties. In a mass appraisal, the district first collects detailed descriptions of each taxable property in the district. It then classifies properties according to a variety of factors, such as size, use and construction type. Using data from recent property sales, the district appraises the value of typical properties in each class. Taking into account differences such as age or location, the district uses "typical" property values to appraise all the proper- ties in each class. The appraisal district may use three common meth- ods to value property: the market, income and cost approaches. The market approach is most often used and simply asks, "What are properties similar to this property sell- ing for ?" The value of your home is an estimate of the price your home would sell for on Jan. 1. The appraisal district compares your home to similar homes that have sold recently and determines your home's value. Other methods are used to appraise types of proper- ties that don't often sell, such as utility companies and oil leases. The income approach asks, "What would an investor pay in anticipation of future income from the property ?" The cost approach asks, "How much would it cost to replace the property with one of equal Utility?" What if your property vaiue ri ses? A notice of appraised value tells you if the appraisal district intends to increase the value of your property. Chief appraisers send two kinds of notices of appraised value. A detailed notice contains a description of your property, its value, the exemptions and an estimate of taxes that might be owed. This notice is sent: if the value of your property is higher than it was in the previous year. (The appraisal district's board can decide that it will send detailed notices only if a property's value in- creases by more than $1,000.); if the value of your property is higher than the value you gave on a rendition (see next section); or if your property wasn't on the appraisal district's records in the previous year. If these conditions do not apply, the chief appraiser will send you a short notice, without the tax estimate, when your property is reappraised or changes hands, or upon request by you or your agent. The chief appraiser must send you the notice of ap- praised value by May 1 or as soon thereafter as pos- sible. If you disagree with this value, you have until May 31 or 30 days from the date the notice was mailed (whichever is later) to file a protest with the ARB. The notice of appraised value explains how and when you can file a protest with the ARB if you disagree with the district's actions, and will include a protest form. What is a rendition? A rendition is aform you may use to report the taxable property you own on Jan. 1 to your appraisal district. You may render both real and personal property. The rendition identifies, describes and gives the location of your taxable property. Business owners must report a rendition of their per- sonal property. Other property owners may submit a rendition if they choose. Persons filing renditions who are not the property owner, owner's employee or owner's affiliated entity must have the rendition notarized. 4 Texas Comptroller of Pu blic Accounts • Property Tax Assistance Division Taxpayers' Rights, Remedies and Responsibilities If the total taxable value of your personal property is less than $500 in any one taxing unit, the property is exempt in that taxing unit. Advantages: If you file a rendition, you are in a better position to exercise your rights as a taxpayer. *' Your correct mailing address is established on record so taxing units will send your tax bills to the right address. ✓ Your opinion of your property's value is on record with the appraisal district. The chief appraiser must send you a notice of appraised value if he or she places a higher value on your property than the value you listed on your rendition. Deadline: File your rendition with the appraisal dis- trict after Jan. 1 and no later than April 15. You may apply, in writing, for a mandatory exten- sion to May 15. The chief appraiser may extend the deadline another 15 days beyond May 15 if you can show good cause for needing an extension. Requirements: If you own tangible personal property that is used to produce income, you must report this property on a rendition form every year. Businesses, for instance, must report their invento- ries, furniture, fixtures, equipment and machinery on a rendition. State law contains stiff penalties for delinquent or fraudulent renditions. Check with the appraisal district for rendition forms and more information about rendering business personal property. The appraisal district must keep renditions and any income and expense information that you file about your property confidential. l ow to Protest Your most important right as a taxpayer is your right to protest to the appraisal review board (ARB). You may protest if you disagree with any of the appraisal district's actions concerning your property. You may discuss your objections about your property value, exemptions and special appraisal in a hearing with the ARB, an impartial panel of your fellow citizens. Most appraisal districts will informally review your protest with you to try to resolve your concerns. Check with your district for details. If you lease property and are required by the lease con- tract to pay the owner's property taxes, you may appeal the property's value to the ARB. You may make this appeal only if the property owner does not, however. This appeal right applies to leased land, buildings and personal property. The appraisal district will send the notice of appraised value to the property owner, who is required to send a copy to you. If you appeal, the ARB will send any subsequent notices to you. State law prohibits the Comptroller's office from advis- ing a taxpayer, appraisal district or appraisal review board about a matter under protest. State law also pro- hibits the Comptroller from intervening in a protest. must comply with special state laws on conflict of interest. They must complete a training course and receive a certificate of course completion from the Comptroller. The ARB determines taxpayer protests. The ARB also decides issues that a taxing unit may challenge about the appraisal district's actions. In taxpayer protests, it listens to both the taxpayer and the chief appraiser. The ARB determines if the appraisal district has acted properly. ARB decisions are binding only for the year in question. ARB hearings begin around May 1. The ARB should complete most of the hearings by July 20. In the largest counties, this deadline may be later. ARB meetings are open to the public. Notices of the date, time and place of each meeting must be posted at least 72 hours in advance at the appraisal district office and the county clerks office. The ARB's hearing procedures must be posted in a prominent place in the room in which hearings are held. ARBs typically meet at the appraisal office; generally, they do not have their own staffs or offices. The chief appraiser must publicize annually the right to and methods for protesting before the ARB, in a man- ner designed to effectively notify all district residents. The ARB by rule will provide for hearing times on evenings or on Saturdays or Sundays. v;f;c�r,:i I you protest? tt:$tr The ARB must base its decisions on evidence. It hears evidence from both the taxpayer and the chief appraiser. Protest issues that an ARB can consider include: Is the proposed value of your property too high? Ask one of the district's appraisers to explain the ap- praisal. Be sure the property description is correct. Are the measurements for your home or business and lot accurate? Gather blueprints, deed records, photographs, a survey or your own measurements to contest the appraiser's decision. Are there any defects not noted in the district's survey, such as a cracked foundation or inadequate plumbing? Obtain photographs, statements from builders or independent appraisals. Ask the appraisal district for appraisal records on similar properties in your area Is there a big differ- ence in their values? This comparison may show that your property wasn't treated equally. Collect evidence on recent sales of properties similar to yours from neighbors or real estate professionals. Ask the appraisal district for the sales that it used. Consider using an independent appraisal by a real estate appraiser. Insurance records also may be helpful. If you decide to use sales information to support your protest, you should: • obtain documents or sworn statements from the person providing the sales information; ,, use sales of properties similar to yours in size, age, location and type of construction; • use recent sales. Sales occurring close to Jan. 1 are best; and • weigh the costs of preparing a protest against the potential tax savings. Preparing a protest may not be worth the time and expense if it results in only a small tax savings. If you protest the agricultural value of your farm or ranch, find out how the appraisal district calculated your value. Compare its information with that of local experts on agriculture, such as the county ag- ricultural extension agent, the U.S. Department of Agriculture or other recognized agricultural sources. The Comptroller's Manual for the Appraisal of A�rz- cultural Land may be helpful. Is your property valued unequally compared with other property in the appraisal district? Determine whether the property value is closer to market value than other, similar properties. A ratio study or a comparison of a representative sample of properties, appropriately adjusted, for determining the median level of appraisal must be prepared to prove unequal appraisal. Did the chief appraiser deny an exemption? First, find out why the chief appraiser did so. If the chief appraiser denied your homestead exemption, for example, obtain evidence that you owned your home on Jan. 1 and used it as your principal resi- dence on that date. If the chief appraiser denied a homestead exemption for part of the land around your home, show how much land is used as part of your residence. If the chief appraiser denied an aged 65 or older or disabled homestead exemption or a disabled vet- eran's exemption, read about the qualifications for exemptions on pages 2 -3 of this report. Did the chief appraiser deny agricultural appraisal for yourfarm or ranch? Find out why the chief appraiser denied your ap- plication. Agricultural appraisal laws have specific requirements for property ownership and use. Prove What is an ARB? An ARB is a group of citizens authorized to resolve disputes between taxpayers and the appraisal district. The appraisal district's board of directors appoints ARB members. Members must be residents of the appraisal district for at least two years to serve. Current officers and employees of the appraisal district, taxing units and the Texas Comptroller's office may not serve. In counties with populations greater than 100,000, for- mer directors, officers and employees of the appraisal district cannot serve on an ARB. Some other specific Tax Code restrictions also apply. ARB members also Texas Comptroller of Public Accounts • Property Tax Assistance Division 5 Taxpayers' Rights, Remedies and Responsibilities that your property qualifies for special appraisal based on its productivity and intensity of use. Gather your ownership records and management records or obtain information from local agencies that provide services for farmers and ranchers. Did the chief appraiser wrongly determine that you took your land out of agricultural use? Is agricultural activity still taking place on your land? If you have taken only part of the land out of agricultural use, you may need to show which parts still qualify. If you are letting land lie fallow, show that the time it has been out of agricultural use is not excessive or is part of a typical crop or livestock rotation process for your county. Do the appraisal records show an incorrect owner? Provide records of deeds or deed transfers to prove ownership. If you acquired the property after Jan. 1, you may protest its value until the ARB approves the apprais- al records. The law recognizes both the old and new owners as having an interest in the propertys taxes. • Is your property being taxed by the wrong taxing units? An error of this sort often is simply a clerical error. For example, the appraisal records may show your property as located in one school district when it actually is in another. • Is your property incorrectly included on the appraisal records? Some kinds of taxable personal property move from place to place quite regularly. Property is taxed at only one location in Texas. You can protest the in- clusion of your property on the appraisal records if it should be taxed at another location in Texas. • Did the chief appraiser or ARB fail to send you a notice that the law requires them to send? A notice is presumed delivered if sent by first -class mail with a correct name and last known address. In some instances, notices are sent via certified mail, and the date of delivery is shown on the return receipt card. The timeliness of communications is determined by the post office cancellation mark. If you rebut this presumption with proof that you did not receive the notice, the appraisal district must prove that it mailed the notice properly. You have the right to a hearing on your property for an im- properly mailed notice. You have the right to protest if the chief appraiser or ARB fails to give you a required notice. But unless you disagree with your appraisal, there is no point in protesting such a failure. Make sure that the ap- praisal district has your correct name and address. You cannot protest failure to give notice if the taxes on your property are delinquent. Before the delin- quency date, you must pay a partial amount, usually the amount of taxes that are not in dispute. Is there any other action the appraisal district or ARB too k t hat affects yo u? You have the right to protest any appraisal district action affecting you and your property. For instance, the chief appraiser may claim your property wasn't taxed in a previous year. You may protest only those actions that affect your property. Ho should you protest? The ARB will notify you at least 15 days, based on the notice's postmark date, in advance of the date, time and place of your hearing. Try to discuss your protest issue with the appraisal office in advance. You may work out a satisfactory solution without appearing before the ARB. If you have not designated an agent to represent you before the ARB, you are entitled to one postponement without showing cause. The ARB may grant additional postponements if you can show reasonable cause. Or, the chief appraiser can agree to a postponement. You must appear at a hearing (in per- son, by affidavit or through an agent) or you may lose your right to judicial review. At least 14 days before your protest hearing, the ap- praisal district will send you: ,' a copy of this pamphlet; * a copy of the ARB procedures; * a statement affirming that you may inspect and obtain a copy of the data, schedules, formulas and any other information the chief appraiser plans to introduce at your hearing; and notice of your right to postpone the hearing. If you request this information, the appraisal district may charge for copies. The charge may not exceed $15 on a residential property or $25 on a non - residential property. When you present your protest to the ARB, you may appear in person; send someone whom you authorize in writing to appear in your behalf; or send a sworn affidavit with evidence to support your protest. (See Appointing an Agent on page 1.) You may contact the appraisal district or the Comp- troller's office for an affidavit form, but you need not use this form. If your letter contains all the information required, you may have your letter notarized and send it to the appraisal review board. Do not contact ARB members outside the hearing. ARB members are prohibited from communicating with other persons about a property under protest. Each ARB member must sign an affidavit stat- ing that he or she hasn't discussed your case with anyone. An ARB member who discusses your case outside the hearing must remove himself or herself from your hearing. An ARB member who com- municates on specific evidence, argument, facts or the merits of a protest with the chief appraiser or appraisal district staff outside the hearing commits a criminal offense (a Class C misdemeanor). Be on time and prepared for your hearing. The ARB may place time limits on hearings. Stick to the facts of your presentation. The ARB has no control over the appraisal district's operations or budget, tax rates for local taxing units, inflation or local politics; addressing these topics in your presentation wastes time and will not help your case. Present a simple and well- organized protest. Stress key facts and figures. Write them down in logical order and give copies to each ARB member. You are required to give a copy of your evidence to the appraisal district staff at or before the hear- ing. Photographs and other documents are useful evidence. Recognize that the ARB acts as an independent judge. The ARB listens to both the taxpayer and chief appraiser before making a decision. It is not a case of the taxpayer against the ARB and the chief appraiser. Appraisal district staff must take an oath to tell the truth. The ARB will ask you to take an oath as well, either by swearing or by affirming, before you pres- ent evidence. Should you refuse to take the oath, the ARB will note this fact and may take it into account as it weighs the evidence. The chief appraiser has the burden of proving your property's value by a preponderance of the evidence presented at the ARB hearing. If he or she fails to meet the burden of proof, the ARB must determine in your favor. A recent addition to the law adds another tool for the owner of a property under pro- test with a market or appraised value of $1 million or less. If a property owner submits to the appraisal district a properly conducted, recently completed and certified appraisal of property value at least 14 days before the hearing, the appraisal district must provide evidence which clearly refutes the indepen- dent appraisal. If the appraisal district fails to do so, the ARB is required to rule in favor of the property owner. What should you do about errors found a fter the fifirig dea rtiirie' The law provides for late ARB hearings to correct er- rors, including property appraised more than a third above its correct value. Property owners must file a written request and meet certain requirements for the ARB to grant a late hearing on an approved value. For the current and previous five tax years, the ARB may correct a clerical error, multiple appraisal of a property or inclusion of nonexistent property on the appraisal roll. A "clerical error" is a mistake in writ- ing, copying, transcribing or entering data, but not in reasoning or judging a value. "Multiple appraisal," also called double taxation, is taxing the same property more than once in the same tax year. "Nonexistent property' is property that does not exist at the location or in the form described in the appraisal roll. For the current tax year, the ARB may grant late hear- ings to correct certain over appraisals; correct values based on ajoint motion of the property owner and chief appraiser; and hear from owners who weren't sent a required notice. Such late hearings require property owners to file written requests before the delinquency date of Feb. 1. Before an ARB decision on a late hearing can take place, the owner must pay some current taxes, usually those not in dispute. If the owner wins a value reduc- tion in a late ARB hearing, the taxing units will refund the difference in the tax payment and the correct amount of taxes. For an over appraisal hearing to take place, the property must not have had an ARB hearing and determination earlier in the year. The owner must show that the approved appraised value exceeds the correct value by more than a third. If the owner proves that the value is in error but less than one -third wrong, the ARB may not order a value reduction. If the owner proves at least a one -third error, the ARB will reduce the value. The owner will pay a 10 percent penalty based on the taxes on the correct value for the late filing. For a joint motion hearing, the ARB must approve a change when the property owner and chief appraiser have agreed to the change in writing. Following rules adopted by the ARB, the chief apprais- er may change the appraisal roll at any time to correct any inaccuracy that does not increase the amount of tax liability. Shor', d you arp'r'ea: to distric r',i9twt or request binding a rbitration? Once the ARB rules on your protest, it will send you a written order by certified mail. If you are dissatisfied with the ARB's findings, you have the right to appeal its decision to the state district court in the county in which your property is located. You should consult with an attorney to determine if you have a case. Within 45 days of receiving the writ- ten order you must file a petition for review with the district court. Texas Comptroller of Public Accounts • Property Tax Assistance Division Taxpayers' Rights, Remedies and Responsibilities You also are required to make a partial payment of taxes, usually the amount of tax that is not in dispute, before the delinquency dace. You may ask the court to excuse you from prepaying your taxes; to do so, you must file an oath attesting to your inability to pay the taxes in question and argue that prepaying the taxes restrains your right to go to court on your protest. The court will hold a hearing and decide the terms or conditions of your payment. If you request binding arbitration, the amount of tax that is not in dispute must be paid before the delinquency date. At the district court, you may ask to have your appeal resolved through arbitration, by ajury or by ajudge. As an alternative to filing an appeal in state district court, a property owner is entitled to appeal through binding arbitration an ARB order determining a pro- test concerning: 1) the appraised or market value, as applicable, of real property as determined by the ARB order of $1 million or less; and 2) only the determi- nation of the appraised or market value of the property. To apply for binding arbitration, you must complete the request form prepared by the Comptroller and submit it and a $500 deposit (money order or cashier's check payable to the Comptroller of Public Accounts) to the appraisal district in which the ARB order was issued. The appraisal district will forward your request and deposit to the Comptroller. After receiving the request, the Comptroller will send you the Web site address where an arbitrators' registry is maintained. At this Web site, you and the appraisal district may select an arbitrator who is mutually agreeable. If you and the appraisal district cannot agree to an arbitrator, the Comptroller will make the selection. The appointed arbitrator will arrange for an arbitra- tion proceeding. After considering the evidence of the parties, the arbitrator will issue a decision concerning the value of the property. If the arbitrator's decision is closer to your value, the appraisal district will pay the arbitrator's fee, and the Comptroller will refund your deposit less 10 percent that law directs the Comptrol- ler to retain. If the arbitrator's decision is closer to the appraisal district value or equal to half of the difference between your value and the appraisal district's value, then the arbitrator's fee is paid from your deposit. After the arbitrator's fee is paid, if it is less than $450, the balance is refunded to you. Settin'o"EUX Rates Vp Once the ARB approves the appraisal records, the chief appraiser prepares an appraisal roll for each taxing unit. An appraisal roll lists the taxable property within the unit's boundaries. The appraisal district's job then is finished for the current year. It has, at least in theory, provided a set of equal and uniform values for the use of all local taxing units. Now the taxing units decide what services they will provide in the coming year and how much money they will need. Each taxing unit adopts a tax rate that will raise the needed tax dollars. How do tax rates work? As a taxpayer, it's important for you to understand how government spending, property values and tax rates affect the size of your tax bill. Property values determine each taxpayer's share of the total taxes. Changes in property values may affect the individu- al's tax bills, but they do not necessarily increase or decrease the total amount of taxes to a taxing unit. A taxing unit's budget determines its total amount of taxes. Total taxes collected increase only when government spending increases. The only meaningful way to compare tax rates is to consider the amount of tax revenue they will produce. "Truth -in- taxation" laws give taxpayers a voice in decisions affecting their property tax rates. Beginning in early August, taxing units take the first step toward adopting a tax rate by calculating and publishing the effective and rollback tax rates. The effective tax rate would provide the taxing unit with about the same amount of revenue it received in the year before, on properties taxed in both years. If property values rise, the effective tax rate will go down, and vice versa. Comparing property tax revenues from one year to the next year tells you whether there will be a tax increase. The rollback rate, by contrast, would provide the taxing unit with about the same amount of tax revenue it spent the previous year for day -to -day operations, plus an extra 8 percent contingency for operating money and sufficient funds to pay its debts in the coming year. (For school districts, the contingency is 4 cents per $100 of property value rather than 8 percent.) In addition to effective and rollback rates, effective maintenance and operations rates must also be cal- culated. Special notices of budget and tax rate hear- ings must be published and posted on the web. If a unit adopts a tax rate that is higher than the rollback rate, voters in the unit can circulate a peti- tion calling for an election to limit the size of the tax increase. For school districts, no petition is re- quired. The school board simply calls for an election to ratify the adopted rate if the adopted rate exceeds the rollback rate. Each taxing unit, other than a school district, a water district or small taxing unit (with a rate of less than 50 cents per $100 of property value that raises less than $500,000), publishes the effective and rollback rates in a local newspaper, along with a list of the debts it must pay and the amount of money left over from the previous year. A school district or water district must publish a special notice in the newspaper. If taxpayers believe that the taxing unit has not cal- culated and published these rates or other required information in good faith, they can ask a district court to stop the taxing unit from adopting a tax rate until it complies with the law. Additional laws apply to tax rate settings for school districts. What if your taxing unit playas to increase, the tax rate? Taxing units hold budget hearings to discuss what services to provide in the coming year and how to pay for them. Taxpayers concerned about spending should attend these hearings. If a governing body wants to increase its property tax rate above the effective or rollback rate, it must publish a quarter -page notice in a local newspaper, announcing special public hearings. School districts must publish a notice and hold a public hearing. (Small taxing units and certain water districts have a special notice process.) The public hearings allow taxpayers to voice their opin- ions about the proposed tax increase and ask questions. Before the hearings end, the governing body must set a date, time and place for the tax rate's formal adoption. The taxing unit then publishes another quarter -page ad announcing the meeting to adopt the tax rate. If you believe that your taxing unit has failed to com- ply in good faith with these requirements, you can file a lawsuit in district court to stop tax collections until the taxing unit complies with the law. You must file the lawsuit before substantially all of the tax bills are mailed. How can you iirrrit a tax increase? If a taxing unit adopts a tax rate that exceeds the roll- back rate, the taxpayers may petition for an election to reduce the tax increase to the rollback rate. If a school district adopts a tax rate above the rollback rate, the district must hold an election to ratify the adopted rate; no petition is required. For taxing units other than school districts, petitions for holding a tax rate rollback election must: use specific legal wording. An attorney can assist you with the proper wording for a petition; be signed by at least 7 or 10 percent of the registered voters in the taxing unit, depending on whether the adopted tax rate raises more or less than $5 million for maintenance and operations taxes. The number of registered voters is the number of voters included on the most recent official voter list; and be presented to the taxing unit's governing body within 90 days after it adopts the tax rate. Once the governing body receives a petition, it has 20 days to determine if it is valid. If the governing body determines that the petition is valid, or if the governing body takes no action during the 20 days, it must set an election date 30 -90 days from then. If a majority votes in favor of the tax rollback, the tax rate is reduced to the rollback rate immediately. For school districts, if a majority votes against ratifying the school district's adopted tax rate, the calculated roll- back rate will become the school's tax rate. In school districts, however, a rollback election is not required if the tax rate increase is intended to pay for responses to a natural disaster. '.�� V d., Taxing units usually mail their tax bills in October. The delinquency date usually is Feb. 1. If Feb. 1 is draw- ing near and you haven't received a tax bill, contact your local tax offices. Find out how much tax you owe and make sure your correct name and address are on record. Your tax bill may include taxes for more than one taxing unit if these taxing units have combined their collection operations. School tax rates must be divided into maintenance and operations, as well as debt ser- vice, for the previous and current tax years. Both the property owner and the owner's designated agent must be mailed tax bills. If your mortgage company pays the property taxes on your home, the mortgage company will receive the tax bill. The tax collector must give you a receipt for your tax payment if you ask for one. Receipts are useful for federal income tax purposes and for ensuring that your mortgage company has paid the taxes on your home. In addition, your tax receipt is evidence that you paid the tax if a taxing unit sues you for delinquent taxes. Texas Comptroller of Public Accounts • Property Tax Assistance Division 7 Taxpayers' Rights, Remedies and Responsibilities If you appeal your value to district court, you must pay your taxes usually the amount that is not in dispute before the delinquency date. You may ask the court to excuse you from prepaying your taxes. You must file an oath of "inability to pay' the taxes in question and argue that prepaying the taxes restrains your right to go to court on your protest. The court will hold a hearing and decide the terms or conditions of your payment. You have no legal right to withhold taxes or to put taxes in escrow to protest government spending or for any other reason. You must express your concerns in taxing unit budget hearings or in ARB value hearings. However, you may make a payment under protest as indicated on the check or in a transmittal letter. When is the deadline for payment' In most cases, the deadline for paying your property taxes is Jan. 31. Taxes that remain unpaid on Feb. 1 are considered delinquent. Penalty and interest charges are added to the original amount. Taxing units must give you at least 21 days to pay after they mail your original bill. If your bill is mailed after Jan. 10, the delinquency date is postponed. You have until the first day of the next month that will provide at least 21 days for paying the bill. If the taxing unit mails your tax bill on Jan. 15, therefore, your taxes don't become delinquent until March 1. The delin- quency date will be printed on your bill. Most property owners pay their property taxes before the year's end so they can deduct the payments from their federal income taxes. If you haven't received a tax bill because the ARB is still reviewing a protest on your property, you may make a conditional tax payment. You must pay either last year's tax amount for the prop- erty or the taxes due on the ARB order, whichever sum is less. Once the ARB sets a value, the tax collector will send you either a supplemental tax bill or a tax refund. Check with the tax collection office on local payment options that may be available, such as: • discounts, if you pay your taxes early; ,, split payment of taxes, allowing you to pay half your taxes by Nov. 30 and the remainder by June 30 without any penalty; • partial payment of your taxes; ,, payment by credit card, with an additional fee of up to 5 percent; • escrow agreements for a special year -round ac- count; and ,, work contracts, in lieu of paying taxes, for certain taxpayers doing certain duties. Installment payments for homestead taxes for per- sons aged 65 or older years of age or disabled are available to any taxpayer who qualifies. You may defer some of your homestead taxes if you choose. The taxes that may be deferred are those for any value exceeding 105 percent of your home's ap- praised value, plus any new improvements, from the preceding tax year. You must file a deferral application with the appraisal district before the taxes become delinquent, and you must pay the taxes based on 105 percent of the home's value. If you are qualified for the aged 65 or older or disabled homestead exemptions, you may pay your current taxes on your home in four installments. You must pay at least one - fourth of your taxes before the Feb. 1 delin- quency date. The remaining payments are due before April 1, June 1 and Aug. 1, without any penalty or interest. If you miss an installment payment, you will face a 6 percent penalty and also pay interest at 1 per- cent for each month of delinquency. You must indicate on your first payment that you are paying your home taxes in installments. Installment payments apply to all taxing units on the tax bill. Persons qualifying for aged 65 or older or disabled ho- meowner exemptions may defer payment of their taxes (see Age 65 or older homeowners or disabled homeowners section on pages 2 -3). Homeowners whose residences are damaged in a disas- ter and are located in a designated disaster area also may pay their taxes in four installments, in the same months as aged 65 or older or disabled homeowners do. What it you don't pay your taxe The longer you allow your delinquent property taxes to go unpaid, the more expensive and risky it becomes for you. You will have penalty and interest charges added to your taxes. Regular penalty charges may be as high as 12 per- cent, depending on how long the tax remains un- paid. Interest will be charged at the rate of 1 percent per month, with no maximum. Private attorneys hired by taxing units to collect delinquent accounts can charge an additional penalty to cover their fees. ra You will receive delinquent tax notices. The tax collector will send you at least one notice that your taxes are delinquent. They often send ad- ditional notices and warnings. You may have the option to set up an installment plan. Some tax collectors will allow you to pay delinquent taxes in installments for up to 36 months. They are not required to offer this option, however. Before signing an installment agreement, you should know that the law considers your signature an "irrevocable admission" that you owe all the taxes covered by the agreement. You may be sued. The tax collector's last resort is to take a delinquent taxpayer to court. Court costs will be added to the delinquent tax bill. Each person who owns taxable property on Jan. 1 is liable for all taxes due on the property for that year. A person who owned taxable property on Jan. 1 can be sued for delinquent taxes even if the property has been sold or transferred since then. You may face problems in selling your property. Each taxing unit holds a tax lien on each item of taxable property. A tax lien automatically attaches to property on Jan. 1 each year to secure payment of all taxes. This tax lien gives the courts the power to foreclose on the lien and seize the property, even if its ownership has changed. The property then will be auctioned and the proceeds used to pay the taxes. As a result of the tax lien, someone who purchases real estate cannot obtain a clear title until all the de- linquent taxes owed on the property are paid in full. If you are buying a portion of a larger parcel of land, check the taxes on the larger parcel. You will not be able to clear a tax lien against your part unless taxes on the whole are paid. The appraisal district can answer questions about prop- erty values, exemptions, agricultural appraisal and pro- tests. Your taxing units can answer questions about tax rates and tax bills. Most property tax records are open to the public, including all appraised values, exemption applications and tax bills. If you have concerns about how the appraisal district operates or who serves as appraisal review board members, you may contact your appraisal district board of directors. The board of direc- tors may not resolve issues dealing with your property's value, but can address concerns with appraisal district services, operations and policies. Texas Comptroller of Public Accounts • Property Tax Assistance Division REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 2011 Requested By: Va D Directors Department: Various Departments as shown Report: X Resolution: Ordinance Exhibits: Exhibits: Exhibits 4th Quarter CIP Report Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: SUMMARY & RECOMMENDATION The attached report summarizes the progress of Capital Improvement Projects assigned to various departments for the Fourth Quarter, FY 2010 -2011. • Planning— T. Tietj ens • Economic Development- S. Osborne • Fire — D. Ladd • Public Works — D. Mick • Emergency Management & Information Technology- J. Suggs • Golf Course Improvements — A. Osmond • Parks & Recreation Department — S. Barr Action Required by Council: Receive 4th Quarter Capital Improvement Projects Report. Approved for City Council Agenda Ron Bottoms, City Manager Date a TOvemen Tim Tietjens Tim Tietjens a TOvemen-cs,. Dra'i P roje c ts - 0 Adams Street TEXAS Dra'i P roje c ts - 0 Battleview TEXAS Dra'i P roje c ts - 0 Brook glen t t i TEXAS Drainage Projects: De silting "rexAs Dra'i P roje c ts - 0 I< TEXAS Dra'inage Proiectsqm. Sheetflow is atershed I Tim Tietjens * Transfer from Fund 038 Energy Efficiency Block tconomic u � * Transfer from Fund 038 Stacey Osborne s✓-1 Enhanc ee nt f m _RS air ,(�,-j to',e t � Dona a Vi ew Front 3 * 1 d e Vie f V i Front f r t as m. , �{ M I ` Objectives Replace 37 year old 2nd street antenna site with new 4th street water tower location to establish three redundant self healing sites per NFPA and Home Land Security. Comply with FCC narrowband mandate effective January 1, 2013. o Provide 100% radio communications for personnel in hazard zones. Include fixed site equipment to upgrade EMS and Public Works. Comnicatio n Towe mur Comnicatio n Towe mur Comnicatio n Towe mur M M Progress Fairmont and Fire Station 4 sites complete. Equipment building at 4th Street Water Tower installed, wired, and ready for equipment. Filter system for antenna network delivered and ready for installation. 4th Street Water Tower antenna system received and installation bid due back on 9/16. o Fixed, mobile, and portable equipment specs complete. Bid to manufacturers on 9/22. Comnicatio n Towe mur I FAIF , j imaj , 01 David Mick Utility Replacements- Wastewater $50,000 Fund 003 Utility Equipment Replacement- Water $40,000 Fund 003 $400,000 Fund 047 2 5 th i y , n f ir David Mick Lift Station No. Pre-Construction Coni i TEXAS Jeff Suggs Exchange Upgrade $50,000 Fund 015 Management: do Golf Course@ Alex Osmond * Transfer from Fund 038 TEXAS Brookglen Sprayground $459,771 Fund 015 Electronic Library Sign $29,500 Fund 015 Park'ing Re-Paving l r � s � � "s �>� . � err i '� Q X W I co ro Pathway �s �`� y '' y t a I �'�� s°t � t t �ii�llll �� QUESTIONS? DISCUSSION? Project 606 — RFC — Park St. Bicycle /Pedestrian Pathway Account Number: 015 - 9892 -606 Funding: Budget Expenditures Fiscal Year 10 -11 $ 200,000 $ 16,800 Encumbrances Budget Remaining Total $ 200,000 $ 16,800 $ - $ 183,200 PROJECT DESCRIPTION This major segment of the La Porte Bicycle- Pedestrian Master Plan implementation will connect the San Jacinto Pathway to the La Porte Recreation & Fitness Center. This important link will allow continuous bicycle and pedestrian connections from Five Points Town Plaza on the east side of La Porte, to the Pasadena Convention Center on the west side; thereby providing total east -west connectivity for the entire City. FIRST QUARTER FY 10 -11 Survey work to Huitt - Zollars is complete. In -house design is ready to begin. This project should be ready for review by mid - March. After review, the project will be let for construction bids. SECOND QUARTER FY 10 -11 In -house design is almost complete. The project has been reviewed in -house and will be ready for submission for Harris County and TxDOT permitting very soon. While those reviews are taking place, the bid package will be prepared. After review and permitting by the respective agencies, the project will be let for construction bids. THIRD QUARTER FY 10 -11 This project design has been approved by Harris County and TxDOT. It is ready to bid, with bids expected to open in mid - August and a construction contract awarded in September 2011. FOURTH QUARTER FY 10 -11 This project has been bid and is expected to be approved at the September 26 th City Council meeting. Once the contract is awarded and executed, the contractor is expected to complete the project within 180 days. Project 607 — Parking Lot Re- Paving — Little Cedar Bayou Park & Brookglen Park Account Number: Funding: Fiscal Year 10 -11 015- 9892 -607 Budget Expenditures $ 289,442 $ 247,758 Encumbrances $ 6,621 Budget Remaining Total $ 289,442 $ 247,758 $ 6,621 $ 35,063 PROJECT DESCRIPTION The parking lots base has failed at the Little Cedar Bayou Park, the Little Cedar Bayou Park Nature Trail, and Brookglen Park. This project will provide for milling of existing asphalt, repairing the base material, re- coating the parking lots with asphalt topping, and re- striping. FIRST QUARTER FY 1 0 -1 1 Project design let to Cobb - Findley for design. Project 50% plans have been reviewed and submitted. 90% plans expected for review shortly with construction bids scheduled for the end of March. SECOND QUARTER FY 10 -11 The project has been let for bids and Angel Brothers Enterprises LLC has been awarded the contract to proceed. The pre- construction meeting and scheduling will take place and the project is expected to be complete within 45 days. THIRD QUARTER FY 1 0 -1 1 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 608 - Lomax Arena Roof Account Number: 015 - 9892 -608 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 66,000 $ 19,950 $ - Total $ 66,000 $ 19,950 $ - $ 46,050 PROJECT DESCRIPTION The roof at the Lomax Riding Arena has some leaks, and the purlins and beams have begun to rust. The City hired an engineering firm to evaluate and recommend a treatment to address these issues. The recommendation was to coat the roof with a urethane coating that will protect and seal the roof for the next ten years or longer. This project will accomplish that coating procedure at the Riding Arena. FIRST QUARTER FY 1 0 -1 1 Project let to Durham Engineering for design. Bid package is being reviewed and project is scheduled to be bid for construction at the end of March. SECOND QUARTER FY 10 -11 Project has been bid and the repair contract has been awarded to Lone Star Roofing Systems. The repair is expected to take less than 10 days and should be completed very soon. THIRD QUARTER FY 10 -11 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 609 — TPW Bathroom Access Account Number: 015 - 9892 -609 Funding: Budget Expenditures Fiscal Year 10 -11 $ 30,000 $ 7,696 Encumbrances Budget Remaining $ 4,366 Total $ 30,000 $ 7,696 $ 4,366 $ 17,938 PROJECT DESCRIPTION The recently purchased Texas Parks & Wildlife Region IV Headquarters building is adjacent to the new Five Points Town Plaza. This project will allow for minor renovation of the facility to allow access to the restrooms without accessing the rest of the building. This renovation will provide needed restrooms for the special events and use at the Five Points Town Plaza. FIRST QUARTER FY 1 0 -1 1 Asbestos survey has been completed and some asbestos found. In -house design has commenced and we expect project design to be completed in March. SECOND QUARTER FY 10 -11 Project is moving forward with contracts in place for asbestos removal and a new exterior door on the north side of the building to allow access to the restroom area, but not the rest of the interior. Staff hopes to have the building ready before the summer season. THIRD QUARTER FY 10 -11 The project is substantially complete and the restrooms are open and available for use by the public. Currently waiting on installation of wheel stops and striping in the parking lot. Expect completion by the end of August, 2011. FOURTH QUARTER FY 10 -11 This project is complete. Project 615 - Trail Striping - E Street and Driftwood Account Number: 005 - 9892 -615 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 55,000 $ - $ 49,967 Total $ 55,000 $ - $ 49,967 $ 5,033 PROJECT DESCRIPTION "E" Street and Driftwood Street are both 40 foot wide, single lane concrete roadways that lend themselves to shared use bicycle pathways. Shared use bicycle pathways for both streets were included in the City of La Porte Bicycle- Pedestrian Master Plan, adopted by the City in 2002. This project would provide the design, marking, signage and termination points required to make these streets bicycle - friendly. Both streets tie into the existing trail system and will provide a safe access to the trail for the local community. The "E" Street segment will also connect on the north end, to the Morgan's Point bicycle - pedestrian trail. FIRST QUARTER FY 10 -11 In -house design for "E" Street is complete as well as Driftwood. Driftwood plans will be submitted to Harris County for review shortly. Bid package is being prepared and is expected to be let for construction by the end of March, early April. SECOND QUARTER FY 10 -11 The plans for this project have been approved by Harris County, the bid package has been prepared and the project will be out for bids shortly. Once awarded, the project should move rapidly to completion. THIRD QUARTER FY 10 -11 This project is underway. The contractor, Texcore Construction Specialties, LLC, expects to be finished with the project by the end of August, 2011. FOURTH QUARTER FY 10 -11 The contractor needs to install signage and complete minor concrete pours to be substantially complete. This project is expected to be complete by the end of the fiscal year. Project 616 — Sens Road Trail Account Number: 005 - 9892 -616 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 307,100 $ 307,099 $ - Total $ 307,100 $ 307,099 $ - $ 1 PROJECT DESCRIPTION The Sens Road /Bay Area Boulevard expansion from Spencer to SH 225 is currently under design by Harris County, with City of La Porte participation. This roadway is also on the City's Bicycle- Pedestrian Master Plan for pedestrian and bicycle access as a continuation of the Bay Area Boulevard Trail that is currently under construction. This project will provide funding for inclusion of a bicycle - pedestrian pathway in the overall road widening project being administered by Harris County. FIRST QUARTER FY 10 -11 This project is being administered by Harris County. No activity to report. SECOND QUARTER FY 10 -11 Harris County has experienced difficulty in negotiating with a utility for some additional land that is needed to complete this project. Once that is accomplished, and the utility removes its equipment, the project can proceed. Work is not expected to commence until next year. THIRD QUARTER FY 10 -11 Harris County has placed this project on hold until it can resolve a land issue with AT &T involving their telephone and fiber optic lines in the right of way. Expected project letting in 2012. FOURTH QUARTER FY 10 -11 No activity to report. Project 728 - Brookglen Spray Ground Account Number: 015 - 9892 -728 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 436,973 $ 283,320 $ - Fiscal Year 10 -11 $ 22,798 $ 153,521 $ - Total $ 459,771 $ 436,841 $ - $ 22,930 PROJECT DESCRIPTION This project was approved by City Council on April 26, 2010 to replace the uplifted pool at Brookglen Park. Council authorized the demolition of the existing pool and the creation of a new sprayground /playground for the park. FIRST QUARTER FY 10 -11 This project is complete SECOND QUARTER FY 10 -11 The Brookglen Grand Opening and Dedication is scheduled for April 25 1h at Brookglen Park. THIRD QUARTER FY 10 -11 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 893 — Trail System Planning Account Number: Funding: Fiscal Year 03 -04 Fiscal Year 04 -05 Fiscal Year 05 -06 Fiscal Year 06 -07 Fiscal Year 07 -08 Fiscal Year 08 -09 Fiscal Year 09 -10 Fiscal Year 10 -11 015- 9892 -893 Budget Expenditures $ 100,000 $ - - 24,111 61,700 15,865 1,800,000 129,197 (649,933) 870,338 (25,000) 68,184 Encumbrances 1,192 Budget Remaining Total $ 1,286,767 $ 1,107,695 $ 1,192 $ 177,880 PROJECT DESCRIPTION This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2 mile segment will provide additional recreation and transportation opportunities for La Porte citizens by connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park, move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention Center. Further north -south connectors throughout La Porte will link other parts of La Porte, including a trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail will connect through Little Cedar Bayou Park to the Southside Trail as well. FIRST QUARTER FY 10 -11 Except for the SH146- 16 St. re- construction, this project is substantially complete. There are some minor punch list items remaining to be completed on the remainder of the project. The project cannot be completely finished until Harris County completes its work on the SH 146 — 16 St. re- construction. Then the pathway from 16 St. to SH 146 can be constructed. The project contract has a built -in delay to account for the Harris County construction. SECOND QUARTER FY 10 -11 The work is progressing rapidly on the Harris County reconstruction of Fairmont and is expected to be complete ahead of schedule. Staff expects our contractor to be working on the final section of this project by mid - April, with final project completion within 30 days. THIRD QUARTER FY 10 -11 This project is complete, pending ADA compliance inspection for the State of Texas. FOURTH QUARTER FY 10 -11 There are some ADA issues regarding slopes in several areas, and the bollards at major intersections do not meet the ADA requirements. The contractor is working on the slopes and we have notified Harris County that we will be removing the center bollard at each crossing, to meet ADA requirements. Project 942 — Electronic Library Sign Account Number: 015 - 9892 -942 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 29,500 $ - $ 29,023 Total $ 29,500 $ - $ 29,023 $ 477 PROJECT DESCRIPTION The existing electronic sign at the La Porte Community Library was a joint venture between the Friends of the Library and the City of La Porte. The sign is very small and the message capability is very limited. This project will replace the small sign head with a larger, more effective communication tool for the library. SECOND QUARTER FY 10 -11 The contract has been awarded to Spectrum, Inc. for installation of the new sign. The sign is being manufactured and is expected to be delivered and installed by the end of April. THIRD QUARTER FY 10 -11 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 965— Park Upgrade — Landscaping & Park Enhancements — Little Cedar Bayou & Various Park Account Number: 015 - 9892 -965 Funding: Budget Expenditures Fiscal Year 08 -09 $ 225,000 $ 1,750 Fiscal Year 09 -10 - 187,564 Fiscal Year 10 -11 - 24,256 Encumbrances Budget Remaining Total $ 225,000 $ 213,570 $ - $ 11,430 PROJECT DESCRIPTION The Landscaping & amenities at Little Cedar Bayou Park & other parks in our park system are in need of enhancement. Little Cedar Bayou Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball Complex, Multi- purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head. Components indentified are: • A landscape design for the park • Seal coating of roadway & parking, re- striping of park • Re- surface tennis courts • Enhance picnic area • Improve landscaping around Girl's Soft ball Complex, Wave Pool & Multi- purpose Fields FIRST QUARTER FY 1 0 -1 1 This project is substantially complete, with some additional minor fencing and concrete work remaining, and tennis court resurfacing, which are scheduled. This work is expected to be completed by the end of March. SECOND QUARTER FY 10 -11 The Tennis Court resurfacing is complete and the new concrete pad for the dumpster is complete. Still working on fencing and an irrigation system for the front of the Wave Pool. This project should be completed very shortly. THIRD QUARTER FY 1 0 -1 1 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 981— Bay Area Boulevard and Canada Road Trail System Improvements Account Number: 044 - 9892 -981 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 08 -09 $ 850,000 $ - $ - Fiscal Year 09 -10 - 242,893 - Fiscal Year 10 -11 - 104,277 13,066 Total $ 850,000 $ 347,170 $ 13,066 $ 489,764 PROJECT DESCRIPTION Design and construct an eight foot (8') wide bicycle - pedestrian pathway, approximately one (1) mile in length, as a street improvement for Bay Area Boulevard between Fairmont Parkway and Spencer Highway in accordance with the City of La Porte Bicycle and Pedestrian Trail Implementation Plan, adopted by Council Resolution in 2002. Include transition from existing bicycle pathway that continues southward on Bay Area Boulevard at its intersection with Fairmont Parkway. FIRST QUARTER FY 1 0 -1 1 This project is complete. SECOND QUARTER FY 10 -11 This project is complete. Remaining $489,764 allocated to UTL617 in FY2011 THIRD QUARTER FY 10 -11 This project is complete. FOURTH QUARTER FY 10 -11 This project is complete. Project 984 — Pedestrian Bridge @ Spring Gulley — Connector Trails Account Number: 015 - 9892 -984 Funding: Budget Expenditures Fiscal Year 09 -10 $ 350,000 $ 47,700 Fiscal Year 10 -11 - $ 50,536 Encumbrances $ 4,530 Budget Remaining Total $ 350,000 $ 98,236 $ 4,530 $ 247,234 PROJECT DESCRIPTION A ten foot wide pedestrian bridge to provide a safe crossing over Spring Gulley, allowing pedestrian traffic to access the new sports complex and pedestrian pathways along Canada Road and construction of approximately 3,200 linear feet of new 10' concrete trail system components to the east and west of the new park, providing connectivity between the park and the Pecan Plantation and Brookglen subdivisions. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle — Pedestrian Trail Plan. FIRST QUARTER FY 10 -11 An Interlocal agreement has been approved for use of the Harris County Flood Control District property for this project. Proposals are underway for bores to meet HCFCD construction standards for the bridge. Once complete, and HC approves, the project can be let for construction bids, expected by the end of March. SECOND QUARTER FY 10 -11 Bore samples have been taken and are being evaluated by the engineering firm. Once the engineering report is received, it will be sent to Harris County as the final step for permitting of the project. There is substantive agreement with CenterPoint for its license agreement to cross their corridor. Staff will be working on approvals from the various pipeline companies to get their approvals in place, while the project is being bid for construction. THIRD QUARTER FY 10 -11 This project is currently being bid, with the bid opening set for August 2, 2011. Staff expects to bring an award recommendation to City Council on August 22, 2011. FOURTH QUARTER FY 10 -11 This project is under contract. The pre- construction meeting is scheduled for mid - September with a Notice to Proceed. The contractor is expected bring the project to substantial completion in 120 days. Project 986 — Northwest Park and Bridge over Big Island Slough Account Number: Funding: Fiscal Year 09 -10 Fiscal Year 10 -11 Total PROJECT DESCRIPTION Encumbrances Budget Remaining $ 75,000 $ - $ - $ 75,000 In accordance with long term goals to have all of the La Porte soccer fields in one location, we need to begin utilization of the ten acre tract adjacent to Northwest Park that was set aside for additional fields along with a pedestrian bridge connection over Big Island Slough, and parking for the additional fields. This project sets up funding for the design and easement process for use of this property. The bridge over Big Island Slough will open the property for future development and provide safe access by participants at the park. FIRST QUARTER FY 1 -1 1 Staff is evaluating future utilization of this site. SECOND QUARTER FY 10 - 1 1 Staff is evaluating future utilization of this site. THIRD QUARTER FY 10 - 1 1 This project is on hold until a determination is made as to the final utilization of the property. eiiNM'�:�'Y�'�:Z:t Budget Expenditures $ 75,000 $ - FOURTH QUARTER FY 10 -1 1 No activity to report. Project 994 — San Jacinto Trail Account Number: 005 - 9892 -994 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 538,933 $ 79,164 $ - Fiscal Year 10 -11 - 460,091 251 Total $ 538,933 $ 539,255 $ 251 $ (573) PROJECT DESCRIPTION A ten foot wide promenade sidewalk, that will continue the connections between the City's business district and key recreation areas by connecting the new Town Plaza into the Sylvan Beach area. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's marketing plan as well as Bicycle — Pedestrian Trail Plan. The pedestrian walkway will include benches, trees, bicycle racks, and drinking fountains along the pathway. FIRST QUARTER FY 10 -11 This project is substantially complete, with minor punch list items still remaining. Completion is expected shortly. SECOND QUARTER FY 10 -11 There are a few minor punch list items left to complete this project, mainly equipment that on order and has not been delivered. The project is on hold until work begins again on Fairmont and then both projects will be completed at the same time (same contractor). THIRD QUARTER FY 10 -11 This project is complete, pending ADA compliance inspection for the State of Texas. FOURTH QUARTER FY 10 -11 The ADA inspection indicated two minor problems associated with this project; one a slope issue and the other, a wheelchair ramp issue. These have been turned over to the contractor and are expected to be completed prior to the end of the fiscal year. Project 605 — Concrete Street Program — Phase I Account Number: 015 - 9892 -605 Funding: Budget Expenditures Fiscal Year 10 -11 $ 120,000 $ 21,889 Encumbrances Budget Remaining $ 77,111 Total $ 120,000 $ 21,889 $ 77,111 $ 21,000 PROJECT DESCRIPTION The Concrete Street Program envisions replacement of existing asphalt and concrete streets in an area bounded by Main Street, South Broadway, Fairmont Parkway and SH 146. The neighborhood is well established, has a grid - pattern layout, and is drained by a system of open and closed storm sewers. There currently are several concrete curb and gutter streets constructed in the 1960's. The associated storm sewer system dates from the same time period. The La Porte City Council wishes to study the planning, engineering and costs associated with phased construction of concrete streets, curb and gutter and associated storm sewers. It is anticipated that the program will develop a strategy to install a "backbone" drainage system with streets and associated storm sewers to be constructed in phases. Phase I - This phase shall consist of preparation of a study that will examine and recommend changes to the existing grid pattern, examine and recommend changes to the existing drainage infrastructure, including a " backbone" storm sewer outfall that will accommodate a five (5) year storm event for full development of the area, and provide for a cost estimate to construct recommended improvements to be phased over a number of years. Phase II - Complete final design and construct the initial "backbone" storm sewer system and associated improvements. Phase III - Begin final design and construction of new streets and associated drainage as funds are available. FIRST QUARTER FY 10 -11 Phase I have been awarded to Cobb Fendley & Associated and this project is now under the Direction of the Planning Department SECOND QUARTER FY 10 -11 Phase I has been awarded to Cobb Fendley & Associates. Project completion is anticipated by July 2011. THIRD QUARTER FY 10 -11 Phase I has been completed. Cobb Fendley & Associates will be presenting the Final Report at the August 22, 2011, City Council Meeting. FOURTH QUARTER FY 10 -11 Cobb Fendley & Associates presented the Final Report at the August 22, 2011, City Council Meeting. This Item will be presented to City Council as a Workshop Item in October 2011 to discuss project phasing, project details and funding. Project 849- F216 Watershed Study Recommendations Account Number: 040 - 9892 -849 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 00 -01 $ 1,250,000 $ 40,870 $ - Fiscal Year 01 -02 - 22,715 - Fiscal Year 02 -03 - 37,242 - Fiscal Year 03 -04 - 114,012 - Fiscal Year 04 -05 - 247,758 - Fiscal Year 05 -06 (158,283) 7,884 - Fiscal Year 06 -07 - 28,569 - Fiscal Year 07 -08 - 18,409 - Fiscal Year 08 -09 590,195 30,839 Fiscal Year 09 -10 - 8,578 - Fiscal Year 10 -11 - - - Total $ 1,681,912 $ 556,875 $ - $ 1,125,037 PROJECT DESCRIPTION The City conducted a drainage study to improve drainage and flooding problems in certain areas. The City has set aside these funds to begin construction on those improvements within the F216 watershed. FIRST QUARTER FY 10 -11 No monetary activity this quarter. Excavation on a gratis basis was initiated but has been halted for some time. Staff will be taking various alternatives to City Council on February 14, 2011 as to how to proceed with this project. SECOND QUARTER FY 10 -11 The agreement between the City of La Porte and Bradley Site Preparation has been suspended and may be terminated due to terms of completion of project within 18 months not being met. The City is currently soliciting proposals and intends to enter into an agreement with a vendor to complete this project. Proposals will be received until Tuesday, April 12, 2011. Staff anticipates presenting Council with a recommendation at the May 9, 2011, City Council meeting. THIRD QUARTER FY 10 -11 Contract for the excavation of Little Cedar Bayou Linear Detention (F216) has been awarded to Paskey, Inc. Construction is scheduled to begin in August 2011. FOURTH QUARTER FY 10 -11 Construction is approximately 25% complete. Project 957 — Street/Drainage Study Account Number: 015 - 9892 -957 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 07 -08 $ 143,200 $ 122,001 $ - Fiscal Year 08 -09 1,000,000 164,057 - Fiscal Year 09 -10 6,265,000 787,571 - Fiscal Year 10 -11 90,000 2,280,553 321,522 Total $ 7,498,200 $ 3,354,182 $ 321,522 $ 3,822,496 PROJECT DESCRIPTION The City is conducted a Drainage Master Plan study to determine areas within the City with flooding issues and what needs to be done to improve flooding in those areas. The City has set aside funds to begin construction on those improvements determined most beneficial. FIRST QUARTER FY 1 0 -1 1 City staff will recommend the awarding of a Desilt contract in the amount of $692,000 to the apparent low bidder (Paskey Construction). SECOND QUARTER FY 10 -11 Projects Currently Under Contract: Desilting Ditches $692,000 Fleetwood Dr. $1,700,000 Projects Currently Under Design: Sheetflow Relief Structures $700,000 Projects Recently Bid: Brookglen Detention Ponds $298,000 Projects to be Designed: Battleground Estates Channel Improvements $899,000 Shady River Channel Improvements $361,000 PER B112 Channel Improvements $25,000 PER F101 Re- direction of Flow with Possible Detention $150,000 East Main Street Drainage Improvements $225,000 Adams Street Drainage Improvements $40,000 Battleview Drainage Improvements $40,000 Sunrise & Broadway Drainage Improvements $89,000 THIRD QUARTER FY 1 0 -1 1 Projects Currently Under Contract: Desilting Ditches: Construction 75% complete Sheetflow Relief Structures: Project is scheduled to begin in August 2011. Brookglen Detention Ponds: Project is 50% complete. Project 957 — Street/Drainage Study (continued) Projects Currently Under Design: Battleground Estates Channel Improvements: Project design pending City Council Award. Shady River Channel Improvements: Project design pending City Council Award. East Main Street Drainage Improvements: Project 90% complete. Battleview Drainage Improvements: Survey underway. Projects Recently Bid: Adams Street Drainage Improvements: Design complete, to be constructed by Public Works. Sunrise & Broadway Drainage Improvements: Design complete, to be constructed by Public Works. Projects to be Designed: PER F101 Re- direction of Flow with Possible Detention: Pending HCFCD Pipeline Hydro Excavation. PER B112 Channel Improvements: Pending potential downstream improvements. FOURTH QUARTER FY 10 -11 Projects Currently Under Construction: De- silting Ditches: Construction is complete. Sheetflow Relief Structures: Construction approximately 20% complete Brookglen Detention Ponds: Construction is complete. Adams Street Drainage Improvements: Design is complete, Public Works expects to have this project constructed by the end of October 2011. Sunrise & Broadway Drainage Improvements: Design is complete, to be constructed by Public Works. Project 957 — Street/Drainage Study (continued) Projects Currently Under Design: Battleground Estates Channel Improvements: Consulting contract awarded to Klotz Shady River Channel Improvements: Consulting contract awarded to Civil Tech East Main Street Drainage Improvements: Project 90% complete. Battleview Drainage Improvements: Design 75% complete. Projects to be designed: PER F101 Re- direction of Flow with Possible Detention: Pending HCFCD Pipeline Hydro Excavation. PER B112 Channel Improvements: Pending potential downstream improvements. Project 601 — Fire Station #1 — Design Account Number: 015 - 9892 -601 Funding: Budget Expenditures Fiscal Year 10 -11 $ 250,000 $ 41,065.00 Total $ 250,000 $ 41,065 Encumbrances 151,025 151,025 $ 57,910 Budget Remaining PROJECT DESCRIPTION The design phase includes funding for an architect to design and draft plans for the new Fire Station #1. The land for the station has already been acquired by the City. FIRST QUARTER FY 10 -11 Acquired Architect and will have a signed contract by end of February. SECOND QUARTER FY 10 -11 Working on design and sent to ZBOA for variance on property line THIRD QUARTER FY 10 -11 Design at 95% and working on structure and building documents. FOURTH QUARTER FY 10 -11 Design at 100 and working on structure and building documents. Project will be going to bid in October. Council approved architect for completion of project. Project 703 - Communication Tower Account Number: 015 - 9892 -703 Funding: Budget Expenditures Fiscal Year 10 -11 $ 208,000 $ - Total $ 208,000 $ - Encumbrances $ 46,660 $ 46,660 $ 161,340 Budget Remaining PROJECT DESCRIPTION This project is a complete makeover of the Fire Department's radio system. New radio antenna and a new substation will be installed at the 4 Street water tower. Additionally, all radios will be replaced to meet digital and narrow ban requirements. FIRST QUARTER FY 1 0 -1 1 This project is under designed. SECOND QUARTER FY 10 -11 Communication building has been ordered. Project out for bids on foundation and generator. Design at 90% for communication system. THIRD QUARTER FY 10 -11 Communications building has been installed on site. Working with contractor to install electrical and back -up generator. FOURTH QUARTER FY 10 -11 Tower mounts in place. Bids are out for Equipment and Tower antenna installation. Project 708 — Energy Consv. Block Grant Account Number: 015 - 9892 -708 Funding: Budget Expenditures Fiscal Year 09 -10 $ 100,385 $ - Fiscal Year 10 -11 - - Encumbrances 81,513 Budget Remaining Total $ 100,385 $ - 81,513 $ 18,872 PROJECT DESCRIPTION These reimbursable grant funds will be used to make improvements to various public buildings, which will result in reduced energy consumption and increased energy efficiency. FIRST QUARTER FY 1 0 -1 1 Developed Scope of work for occupancy sensors and lighting replacement /retrofits; were successful at getting a portion of the CH Chiller expenditure into the SECO Grant Program. Chiller was bid and Gowan was the successful low bidder at a Cost of $48K. SECOND QUARTER FY 10 -11 Project was developed to retrofit and /or replace inefficient lighting and install motion sensors at the following facilities: Public Works, Recreation Fitness Center, Special Programs Center, and City Hall. 342 lights are scheduled to be retrofitted /replaced and 82 motion sensors are slated to be installed. Bids were opened in February with Mr. Electric of Bay Area submitting the lowest bid in the amount of $81,513. On March 28, 2011, City Council authorized the City Manager to enter into contract with Mr. Electric. The contract is currently in the execution process. THIRD QUARTER FY 1 0 -1 1 The project is approximately 90% complete and made one payment to the contractor in the amount of $52,764.07. Expect completion early fourth quarter. FOURTH QUARTER FY 10 -11 The physical aspects of the project are 100% complete expending $82,712.10. The City has made application for reimbursement of $80,336.10. The difference is a result of the Grant Program deeming lights within pool areas are ineligible. The project included the replacement of 258 each T -12 with T -5 fixtures, retrofitted 79 each 6" can lights to LED , and installed 82 each occupancy sensors at Public Works, Recreation Fitness Center, Special Programs Center, and City Hall. Project 709 — Sidewalk Replacement Program Account Number: 015 - 9892 -709 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 100,000 $ 38,401 $ - Total $ 100,000 $ 38,401 $ 61,599 PROJECT DESCRIPTION These funds will be used to repair sidewalks located in various parts of the City. This is the twelfth year of a program designed to replace badly deteriorated sidewalks. The sidewalks to be improved will be selected using guidelines previously reviewed and approved by Council. FIRST QUARTER FY 10 -11 Aztec Landscaping and Remodeling successfully completed the project in less than 30 days. The project expended $40k of the $50K budgeted. Staff currently is identifying areas for replacement for a Phase 11. SECOND QUARTER FY 10 -11 Phase II replacement areas have been identified. The goal is to incorporate this project with the Park Street Hike and Bike Trail in anticipation of reduced unit prices due to the amount of concrete quantities. Staff is anticipating construction to begin in June 2011. THIRD QUARTER FY 10 -11 Have included newly identified sidewalk replacement areas into the Park Ave Pedestrian Pathway & Sidewalk Replacement /Infill Project's bid schedule. This project is being advertised for bid early in the fourth quarter. FOURTH QUARTER FY 10 -11 The Park Ave project was bid with Brooks Concrete submitting the low bid in the amount of $243,979.97. The Park Ave Pedestrian Pathway & Sidewalk Replacement /Infill Project shall come before City Council for consideration Sept.26. The 2011 project was divided into two (2) phases. Phase I is complete resulting in the replacement of 1,975 linear feet of sidewalk. Phase 11 of the Sidewalk replacement Program was merged with the Park Ave. Pedestrian Pathway, when complete an additional 813 linear feet of sidewalk shall have been repaired for a total of 2,787 L.F. Project 927 — City Wheelchair Ramp /Sidewalk Account Number: 015 - 9892 -927 Funding: Budget Expenditures Fiscal Year 09 -10 $ 50,000 $ - Fiscal Year 10 -11 50,000 35,303 Encumbrances 4,253 Budget Remaining Total $ 100,000 $ 35,396 $ 4,253 $ 60,351 PROJECT DESCRIPTION The installation of new wheelchair ramps on an as needed basis. To in -fill areas with new sidewalk to interconnect existing sidewalks, also to connect schools and public facilities with neighborhoods. FIRST QUARTER FY 10 -11 Stone Castle Construction, the successful low bidder is basically complete with the scope of work with the exception of clean -up. Clean -up has been hampered by inclement weather. The project expended approximately $40K of the $50K budgeted. Staff is identifying additional areas for sidewalk infill as a Phase II to this year's project. SECOND QUARTER FY 10 -11 Area targeted for infill is Luella Blvd. from Fairmont Parkway to Oakhaven. Project is in the design phase with topographic survey scheduled. Anticipate construction to begin in July /August 2011. THIRD QUARTER FY 10 -11 This project has been merged into the Park Ave Pedestrian Pathway and Sidewalk Replacement /Infill Project. The Project is being advertised for bid early fourth quarter FOURTH QUARTER FY 10 -11 The Park Ave project was bid with Brooks Concrete submitting the low bid in the amount of $243,979.97. The Park Ave Pedestrian Pathway & Sidewalk Replacement /Infill Project shall come before City Council for consideration Sept.26. Upon completion approximately 3,000 linear feet of infill sidewalk shall have been placed along Luella and Spencer Hwy. Project 669 — Sanitary Sewer Rehabilitation Account Number: 018 - 9881 -669 Funding: Budget Expenditures Fiscal Year 10 -11 $ 345,000 $ 171,288 Budget Encumbrances Remaining $ 110,837 Total $ 345,000 $ 171,228 $ 110,837 $ 62,935 Note: This project does not roll forward each year. A new amount is budgeted each year. PROJECT DESCRIPTION In May of 1993, the City filed a proposed schedule with the EPA for the investigation and rehabilitation of the sanitary sewer system. The City, through the use of in -house and contract labor, has been systematically working through the system to identify and correct sources of inflow, as well as repair structurally inadequate collection facilities. Work planned for the year, utilizing contract and force - account labor, includes the following: Additional work may be identified and accomplished through contract or force account. Addition or replacement of minor equipment may be purchased as needed to carry out the program. FIRST QUARTER FY 10 -11 Clean and TV Contract awarded work order issued for East La Porte. Work orders issued for rehabilitation in Brookglen. Manhole rehabilitation contract is out for bid. SECOND QUARTER FY 10 -11 Finalized the 10 year Sanitary Sewer Overflow Reduction Program with the Texas Commission on Environmental Quality. Awarded new contract for manhole rehabilitation. Contract 10,000 feet of sanitary sewer televised in East La Porte 112 vertical feet of manholes repaired in Fairmont Park In -house Forces 63 point repairs 178 manhole inspections 2,675 feet of sanitary sewer replaced in Area F THIRD QUARTER FY 10 -11 Contract 2,750 feet of sanitary sewer slip lined Brookglen service area 13 vertical feet manhole sealed Brookglen service area. 2,315 feet of sanitary sewer televised Lift Station 1A service area In -house Forces 33 point repairs throughout service areas. 18,197 feet smoke tested Bay MUD service area. 18 manholes repaired throughout service areas. 4 lift station wet wells cleaned. 3 Northwest and one Brookglen. FOURTH QUARTER FY 10 -11 Contract 4,176 feet of sanitary sewer cleaned and televised 1,151 feet of sanitary sewer sliplined in Fairmont West In -house 15 point repairs 1,145 feet of sanitary sewer cleaned 7 manholes inspected 702 feet of sanitary sewer cleaned Project 690 — Drainage Improvements Account Number: 019 - 9881 -690 Funding: Budget Expenditures Fiscal Year 09 -10 $144,000 $ - Fiscal Year 10 -11 270,000 75,070 Encumbrances 129,250 Budget Remaining Total $414,000 $ 77,544 $ 129,250 $ 207,206 PROJECT DESCRIPTION The drainage improvement project is intended to be an ongoing, annual project that incorporates maintenance of existing facilities, investigates and designs improvements to provide relief to specific areas, and provides for contract design and construction of identified improvements beyond the scope of City capabilities. FIRST QUARTER FY 10 -11 The city expects to utilize $100,000 from this fund for the de- silting project that has been bid and is on the 02 -14 -11 Council agenda for award. SECOND QUARTER FY 10 -11 Purchase of pipe and materials for South 8`" Street drainage improvements with participation from Harris County Precinct 2. This project is complete. THIRD QUARTER FY 10 -11 Partially funded de -silt project. Designed 16 th St at West F and D Street drainage improvements. FOURTH QUARTER FY 10 -11 Materials requisitioned for Sunrise drive project to be completed by in -house forces. Project 612 — Utility Replacement — WW Account Number: 003 - 9890 -612 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 50,000 $ 46,526 $ - Total $ 50,000 $ 46,526 $ - $ 3,474 PROJECT DESCRIPTION Ongoing improvement to various wastewater utility sites, including replacement of motor controls, pumps, motors and other equipment. • Replace five (5) pump rotating assemblies • Replace Telemetry Panels a LS 1A and WWTP • Replace AC unit in RAS Control Room • Convert LS 24 (Robinson Rd) to 3 Phase Power • Replace four (4) 1" Air relief valves at WWTP FIRST QUARTER FY 10 -11 Rotating assemblies purchased. LS 24 converted to 3 phase. SECOND QUARTER All equipment has been received with the exception of the panels at LS 1A and the WWTP which is scheduled for installation the week of 4 -18 -2011. THIRD QUARTER FY 10 -11 This project is complete. Project 613 — Lift Station #37 Rehabilitation Account Number: 003 - 9890 -613 Funding: Budget Expenditures Fiscal Year 10 -11 $ 550,000 $ 43,426 Encumbrances Budget Remaining $ 460,804 Total $ 550,000 $ 43,426 $ 460,804 $ 45,770 PROJECT DESCRIPTION This project involves the rehabilitation of Lift Station #37 (Brookglen) as identified by the recently completed Lift Station Evaluations. Improvements include rehabilitation of wet well, replacement of submersible pumps and motor controls. FIRST QUARTER FY 10 -11 Design is at 90 %. SECOND QUARTER FY 10 -11 Project is out for bid and scheduled to open May 3, 2011. THIRD QUARTER FY 10 -11 Contract awarded to RJ construction. Pump delivery is anticipated September 5, 2011. FOURTH QUARTER FY 10 -11 Pumps have been delivered and notice to proceed issued. Submittals under review. Project 614 — Main Street Waterline Replacement Account Number: Funding: Fiscal Year 10 -11 003 - 9890 -614 Encumbrances Budget Remaining Total Budget Expenditures $ 100,000 $ 14,095 65,955 $ 100,000 $ 14,095 $ 65,955 $ 19,950 PROJECT DESCRIPTION The water line serving the Main Street Area from South 1s' Street to SH 146 is over 50 years old. Joints are packed with jute and sealed with lead. Pipe material is cast iron. Because all water services are in the adjacent alley, this line serves as the fire line and loop system for the Main Street area. Replacement could take place in the adjacent alley(s) to avoid disruption of existing sidewalks. Laterals will be run from the alley(s) to Main Street, terminating in fire hydrants, to provide necessary fire protection. This alternative could prove problematic due to the number and age of existing utilities in the alley. Alternatively, new technology could allow directional drilling under Main Street, avoiding the utility- congested alley. Finally, numerous requests to pave the alleys behind Main Street have been made by adjacent businesses. The design and construction phase could include an inverted pavement section (concrete) to provide dust -free access and drainage. Phase I includes alternative analysis, final design and cost estimate. Phase II and III will complete construction. FIRST QUARTER FY 10 -11 Preliminary review is progressing and alternatives are being established by the Engineer for City staff review. SECOND QUARTER FY 10 -11 Design Engineer and staff are finalizing preliminary design. THIRD QUARTER FY 10 -11 Preliminary design completed. Anticipated final design complete next quarter. FOURTH QUARTER FY 10 -11 Staff is reviewing final design. Project 617 — Bay Area Blvd Waterline Extension (Fairmont — Spencer) Account Number: 044 - 9892 -617 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 550,000 $ 36,813 $ 14,437 Total $ 550,000 $ 36,813 $ 14,437 $ 498,750 PROJECT DESCRIPTION This project will connect the Spencer Highway and Fairmont Parkway water system to increase pressure, fire flow and improve reliability of the water system. Additionally, the project will provide water service to the undeveloped property along Bay Area Boulevard. FIRST QUARTER FY 10-11 Preliminary review completed, design concept selected and design has started. SECOND QUARTER FY 10 -11 Staff has reviewed and commented on the 90% design. THIRD QUARTER FY 10-11 Out for bid. FOURTH QUARTER FY 10 -11 Contract awarded to R. L. Utilities with notice to proceed date October 3, 2011. Project 872 — Concrete Street Restoration Account Number: 015 - 9892 -872 Funding: Budget Expenditures Fiscal Year 10 -11 $ 30,000 $ 30,000 Total $ 30,000 $ 30,000 Encumbrances Budget Remaining PROJECT DESCRIPTION The Concrete Restoration Project is designed to rehabilitate existing concrete streets that have experienced settlement and joint displacement. The process involves pumping material beneath sunken slabs, raising them to the original profile and elevation. This process will also be used to level sunken curb lines to reestablish drainage flow. This process now has several vendors, using similar techniques. It is anticipated that the Project will be an ongoing program. FIRST QUARTER FY 1 0 -1 1 Old Hickory and other locations in Fairmont Park selected. SECOND QUARTER FY 10 -11 Completed Old Hickory, Lazy Pine and Oak Leaf. Project is complete. Project 880 — Utility Equipment Replacement Account Number: 003 - 9890 -880 Funding: Budget Expenditures Fiscal Year 10 -11 $ 40,000 $ 21,167 Encumbrances Budget Remaining $ 8,400 Total $ 40,000 $ 21,167 8,400 $ 10,433 PROJECT DESCRIPTION Ongoing improvements to various utility sites, including replacement of motor controls, pumps, motors, chlorinators & other equipment. Specific projects are as follows. • Replace rotating assemblies at seven (7) lift stations. • Replace two (2) pumps at LS 26 • Replace two (2) grit pumps (WWTP) FIRST QUARTER FY 10 -11 Equipment is being procured. SECOND QUARTER FY 10 -11 All equipment has been received with the exception of the security cameras. The camera project is a portion of the wireless network recently approved by Council. THIRD QUARTER FY 10 -11 Project is complete. Project 898- In -house Waterline Replacement Account Number: 003 - 9890 -898 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 30,000 $ 9,459 $ - Total $ 30,000 $ 9,459 $ - $ 20,541 PROJECT DESCRIPTION Numerous waterlines within the City, primarily serving residential services, are in need of replacement. These lines are typically old, undersized and of steel pipe construction. FIRST QUARTER FY 10 -11 Projects not started. Construction will begin in second quarter. SECOND QUARTER FY 10 -11 Completed the bridge crossing along South Broadway at Little Cedar Bayou. Replaced 600 feet of waterline 100 block of South Blackwell & Lobit. THIRD QUARTER FY 10 -11 Replaced 480 feet of 4 inch line between 1S and 2n Street from H Street to I Street. FOURTH QUARTER FY 10 -11 Projects on hold due to 375 water main repairs in June, July and August Fiscal year 2009 -10 there were a total of 417 water main repairs. Project 933- Sens Road Utility Relocation — Phase II Construction Account Number: Funding: Fiscal Year 06 -07 Fiscal Year 07 -08 Fiscal Year 08 -09 Fiscal Year 09 -10 Fiscal Year 10 -11 003 - 9890 -933 Budget $ 400,000 100,000 1,800,000 Expenditures 107,875 1,410,387 370,939 Budget Remaining Encumbrances 198,712 Total $ 2,300,000 $ 1,889,201 $ 198,712 $ 212,087 PROJECT DESCRIPTION The upcoming widening of Sens Road from Spencer Highway to North P Street will require the relocation of existing water distribution and wastewater collection lines. Final design is completed. With the completion of the Bay Area Blvd, Trunk Sewer in FY 2004 -05, the potential to eliminate lift stations in the eastern portion of Northwest La Porte will be incorporated in the relocation effort. The project is necessary to relocate existing utilities to allow the Sens Road widening to occur. FIRST QUARTER FY 10 -11 Phase II completed. Phase III to be proposed for 2011 -12 budgets. SECOND QUARTER FY 10 -11 Phase III to be proposed for 2011 -12 budgets. THIRD QUARTER FY 10 -11 Phase III to be proposed for 2011 -12 budgets. Project 949 — Public Works Rehabilitation - Phase IV Account Number: 015 - 9892 -949 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 88,000 $ 42,021 $ 979 Fiscal Year 10 -11 $ 12,000 Total $ 100,000 $ 42,021 $ 979 $ 57,000 PROJECT DESCRIPTION The existing Public Works facility is in excess of 25 years old. The building, a steel frame with metal sheathing, has deteriorated over the years. The roof leaks, walls have rusted through & the installation is ruined in many areas. Phase I of the project removed the existing metal roof & associated trim and installed a new metal roof with 3 inch insulation. Phase 11 removed and replaced existing wall panels and insulation. Phase III replaced the roofs on three (3) equipment sheds. Phase IV will replace the existing fencing. SECOND QUARTER FY 10 -11 Contract awarded to Alamo fence for $42,021.00 and is approximately 40 percent complete. THIRD QUARTER FY 10 -11 Project is complete. Project 997 — Lift Station #10 Account Number: 047 - 9892 -997 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 400,000 $ 130,979 $ - Fiscal Year 10 -11 - 188,636 12,075 Total $ 400,000 $ 319,615 $ 12,075 $ 68,310 PROJECT DESCRIPTION This project involves the replacement of Lift Station #10 (Glen Meadows) as identified by the recently completed Lift Station Evaluation Study. FIRST QUARTER FY 1 0 -1 1 Lift Station completed. Waiting for spare parts and small punch list items from the Contractor. SECOND QUARTER FY 10 -11 Project is complete. Project 998 — 25 Street Water Well Improvements Account Number: 047 - 9892 -998 Funding: Budget Expenditures Fiscal Year 09 -10 $ 450,000 $ 31,276 Fiscal Year 10 -11 - 228,983 Encumbrances 176,162 Budget Remaining Total $ 450,000 $ 260,259 $ 176,162 $ 13,579 PROJECT DESCRIPTION This project is to tie the water system in Northwest La Porte (Lomax area) into the 25 Street Water Plant system to boost pressures and water delivery in the area, as recommended by the Water Master Plan. The project will add a 750 gpm booster pump and upgrade piping at the 25 Street Water Plant upgrade electrical system at the plant and add RTU at the plant and the elevated water storage tower on Lomax School Road. FIRST QUARTER FY 10 -11 Contract awarded to R & B Group. Submittals are under review by the Design Engineer. SECOND QUARTER FY 10 -11 Contractor is 20 percent complete. THIRD QUARTER FY 10 -11 Project is substantially complete. Punch list items. FOURTH QUARTER FY 10 -11 Project is substantially complete. Electric motor control problems, final project not accepted. Project 707 — District 23 Street Paving — EDC Project Account Number: 015 - 9892 -707 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 175,000 $ - $ - Total $175,000 $ - $ - $175,000 PROJECT DESCRIPTION Street paving for the development of a 22 -acre light industrial park adjacent to South 14 1h Street between West "D" and West "G Streets (Sector 23 Area). FIRST QUARTER FY 1 0 -1 1 This project was funded in January, 2011 after a public hearing and a 60 -day waiting period. The street paving is only one part of the project, As of February 7, 2011 the Planning Department is in the process of negotiating an agreement with the developer. SECOND QUARTER FY 10 -11 As of April 18, the Planning Department is still in the process of negotiating an agreement between the City and the Developer. THIRD QUARTER FY 10 -11 There have been no updates to this project. FOURTH QUARTER FY 10 -11 There have been no updates to this project. Project 822 — Main Street Association Account Number: Funding: Fiscal Year 99 -00 Fiscal Year 00 -01 Fiscal Year 01 -02 Fiscal Year 02 -03 Fiscal Year 03 -04 Fiscal Year 04 -05 Fiscal Year 05 -06 Fiscal Year 06 -07 Fiscal Year 07 -08 Fiscal Year 08 -09 Fiscal Year 09 -10 Fiscal Year 10 -11 037 - 9898 -822 Budget $ 50,000 10,000 Expenditures 5,970 3,873 Encumbrances Budget Remaining 24,525 Total $ 60,000 $ 34,368 $ - $ 25,632 PROJECT DESCRIPTION These funds will be used to assist the Main Street Association in maintaining the economic viability of Main Street and enhancing the general appearance of the streetscape. There are no identified projects at this time. Projects /programs will later be identified by the City and Main Street Association. FIRST QUARTER FY 10 -11 We intend to use these funds to pay for new historical markers throughout the City of La Porte. We have selected a company to create the markers, and we are in the process of tracking down the original markers so we can duplicate the wording and placement of them. We hope to have the project completed by the end of March. SECOND QUARTER FY 10 -11 We are still working on the verbiage for the historical markers. It was a more time - consuming project than we expected because many of the original markers were destroyed or misplaced during Hurricane Ike, and we cannot find the original verbiage written down anywhere. We are working with the La Porte Bay Area Heritage Society to help us track down the missing information, and hope to have it wrapped up and to the sign vendor by the end of April. THIRD QUARTER FY 10 -11 The markers are completed, and they were delivered on Friday, July 29 and stored in the Texas Parks & Wildlife building on the Plaza. We will be installing them over the next few months. There are a total of 20 markers. FOURTH QUARTER FY 10 -11 The markers are still in storage. I sent a list of locations for the markers to the Parks & Recreation Department so they can begin installation in the coming months. Project 960 — Gateway Enhancements Account Number: Funding: Fiscal Year 07 -08 Fiscal Year 08 -09 Fiscal Year 09 -10 Fiscal Year 10 -11 Budget Expenditures $ 325,000 $ - - 63,469 525,000 569,457 - 61,191 Encumbrances 510 Budget Remaining Total $ 850,000 $ 694,117 $ 510 $ 155,373 PROJECT DESCRIPTION These funds will be used to create enhancement features that will welcome visitors into this historic downtown district. Located at the entrance of the Main Street district at West Main Street and Highway 146, the City is creating unique landscaping and two brick towers on either side of Main Street that offer a visual grand welcome into La Porte's original marketplace. FIRST QUARTER FY 1 0 -1 1 This project is completed. At Council's direction, we are now in the process of finding a local broker to help us market the building for sale or lease to purchase. SECOND QUARTER FY 10 -11 The RFP for brokers for the 912 West Main building —and two other properties owned by the City of La Porte —went out on March 14 to commercial brokers in La Porte. We had two responses. Staff has evaluated the responses, and we will present them to Council on April 25 for Council's feedback. THIRD QUARTER FY 10 -11 Main Properties is the broker for the 912 West Main Building and two other properties owned by the City. Lou Ann Martin from Main properties will be presenting her plan of action to City Council this month. FOURTH QUARTER FY 10 -11 Main Properties continues to market the 912 West Main building as well as the other two properties owned by the City. Project 992 — Downtown District Signage Account Number: Funding: Fiscal Year 09 -10 Fiscal Year 10 -11 Total PROJECT DESCRIPTION Encumbrances 912 Budget Remaining $ 75,000 $ 10,588 $ 912 $ 63,500 The City will install way finding and directional signage off major roadways to direct traffic to the Main Street District and Sylvan Beach. Way finding elements might include installing or replacing various existing vehicular signage located around town, adding signs for public parking, and pedestrian directional signage. This new signage will improve navigation for visitors and residents and will aesthetically improve the look of the area. FIRST QUARTER FY 1 -1 1 We will be presenting design options and placement suggestions for downtown district signage at the EDC meeting on February 7 and at City Council later this month if the EDC agrees to move forward with the project. SECOND QUARTER FY 1 - 1 1 We presented the final sign design options to the EDC Board on February 7 and discussed them again on March 7. While the EDC Board liked the designs, they felt the estimated price per sign ($25,000) was too high, and asked that we come back with an option that was more in line with the original $75,000 budget. We presented several less expensive options at the EDC meeting on April 4, and the Board agreed that we should move forward with the one they liked best, which had an estimated cost of $3,500 - $4,000 per sign. Staff will be putting it out to bid in the next several weeks and we estimate that project construction will begin in the fall at the latest, barring any objection from the EDC Board or Council. THIRD QUARTER FY 1 - 1 1 We did send this project out to bid out of the City Manager's office using a standard quote form, and got three very disparate responses. After discussing with Purchasing, we decided to re -bid the project out of the Purchasing office, clarifying some of the specific items we wanted to see on the signs. Purchasing re -bid the project using standard procedures, and we received two bids. We will be presenting them to the EDC Board on August 1, and then presenting the EDC's recommendation to Council at a future Council meeting. We hope to have them installed this fall. FOURTH QUARTER FY 1 -1 1 18111 N' 1 � :1 ;:1 ;'yam :1 ; N Budget Expenditures $ 75,000 $ - - 10,588 The EDC and Council approved a contract with ADS Custom Signs, Inc. for the creation and installation of the directional signs. I have a meeting on Wednesday, September 21 with representatives of the company to discuss the procedure going forward. Project 993 — Facade Grant Account Number: Funding: Fiscal Year 09 -10 Fiscal Year 10 -11 Total PROJECT DESCRIPTION Encumbrances Budget Remaining $ 200,000 $ 6,179 $ - $ 193,821 Grants and /or matching funds will be made available to Main Street business owners to enhance existing building design. Owners and tenants may be eligible for the reimbursement grant as incentive to partner with the City of La Porte to achieve a mutual goal of visually enhancing their business and the Main Street District. FIRST QUARTER FY 10 -11 We have had one applicant for the fagade grant, Sandra Baldwin of A Statement in Glass. We will be presenting Ms. Baldwin's application for approval by the EDC Board at the meeting on March 7. We are also revising the application to make it easier and more clearly understood — we will present our revisions at the EDC Board meeting on February 7 and, if the EDC Board approves them, we will immediately release the revised application to the Main Street business owners. SECOND QUARTER FY 10 -11 While evaluating Ms. Baldwin's application for an enhancement grant, we realized that the Enhancement Grant Program had never been officially designated a project by the EDC Board. So at the March 7 EDC Board Meeting we held a public hearing to designate the program as a project of the EDC. Once the 60 -day waiting period is up in May we can move forward with disbursing the funds. At the same time, we also presented the revised application to the EDC Board, and they agreed that we should use the revised application, which is easier to understand and simpler than the previous application The revised application also expands the program eligibility to businesses in the entire Main Street District, where in the older application eligibility was limited to the Main Street Overlay. We have added the new application to the website, and we have three new applications to review. A meeting of the Enhancement Grant Review Committee is set for April 21. We plan to hold meetings once a month or as necessary to review additional applications. THIRD QUARTER FY 10 -11 We have granted a total of two enhancement grants to A Statement in Glass ($6,179.41) and Real Cheap Tools ($25,000). We will be presenting a third grant for Mainly Drinks ($6,000). The grants for Real Cheap Tools and Mainly Drinks will be awarded after their projects have been completed. FOURTH QUARTER FY 10 -11 I81li &S 1041 00 3 Budget Expenditures $ 200,000 $ - - 6,179 We presented a grant request for Mainly Drinks at the July EDC meeting, the Board asked for some specific information from the business owner. Providing that the business owner provides the requested information, we plan to present the request to the Board at the meeting in October. Project 706 - Bulk Heading at Golf Course Account Number: 015 - 9892 -706 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 360,000 $ - $ - Total $ 360,000 $ - $ - $ 360,000 PROJECT DESCRIPTION These funds will allow for the design and construction of approximately 5,000 linear feet of wooden bulk heading on various holes at the Golf Course. The holes that will be improved have not been identified at this time FIRST QUARTER FY 10 -11 We are in the process of designing the sites that we have identified as the priority golf holes. We believe holes numbers 9, 17, and 18 will have the most impact to the golf course. The plan is to get measurements and estimates for these sites and see where we may be for budgeting purposes. We will add some additional sites to the plan if the estimates allow. We will try to have the necessary documents ready to bid out this spring and proceed with construction this summer. SECOND QUARTER FY 10 -11 There is no change at this time. THIRD QUARTER FY 10 -11 There is no change at this time. FOURTH QUARTER FY 10 -11 Bids for this project were opened August 30 . The bid award should go to Council on tH September 26 Project 982 - Golf Course Repairs Account Number: 015 - 9892 -982 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 08 -09 $ 121,319 $ - $ - Fiscal Year 09 -10 - 85,090 - Fiscal Year 10 -11 - 9,891 - Total $ 121,319 $ 94,981 $ - $ 26,338 PROJECT DESCRIPTION Various golf course improvements as needed FIRST QUARTER FY 10 -11 This project is 95% completed. There are some incidental issues we are still discussing for the remainder of these funds. SECOND QUARTER FY 10 -11 The remainder of these funds is earmarked for a storage building. We were using portable storage containers which we have now disposed. THIRD QUARTER FY 10 -11 We will package the storage building with the back nine restroom if it is approved for the 2011 -12 budget. FOURTH QUARTER FY 10 -11 There is no change at this time. Waiting on Approved 2011 -12 budget. Project 717 — Generator Grants Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 152,000 $ 39,477 $ - Fiscal Year 10 -11 - 49,955 - Total $ 152,000 $ 89,432 $ - $ 62,568 PROJECT DESCRIPTION FEMA and the state awarded the City of La Porte funds for 2 generators through the Hazardous Mitigation Grant Program. These generators will be mobile and used to assist us in the response and recovery effort after a major disaster. This grant is a 75/25 reimbursement matching grant. FIRST QUARTER FY 1 0 -1 1 The final generator purchase is complete. SECOND QUARTER FY 10 -11 This project is complete. Project 602 — Telephone System Upgrade Account Number: 015 - 9892 -602 Funding: Budget Expenditures Fiscal Year 10 -11 $ 70,000 $ 68,303 Encumbrances Budget Remaining Total $ 70,000 $ 68,303 $ - $ 1,697 PROJECT DESCRIPTION The existing phone system is 4 versions behind and is at the end of its life. The last date of support by Cisco is May 15, 2011. The last date of the service contract renewal is August 11, 2010. There are issues with the existing telephone system that we are not able to resolve due to the age of the system. FIRST QUARTER FY 10 -11 This project has gone to Council and is under contract. The implementation should be complete by March of 2011. SECOND QUARTER FY 10 -11 The vendor is currently configuring the new equipment. The Unity Connection server (voice mail server) is scheduled for installation on 17 February and the Call Manager (telephone server) is scheduled for installation on 24 February. THIRD QUARTER FY 10 -11 This Project is complete as of 4/15/2011. Project 603 — Exchange Upgrade Account Number: 015 - 9892 -603 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 50,000 $ 11,169.00 21,540 Total $ 50,000 $ 11,169 21,540 $ 17,291 PROJECT DESCRIPTION Microsoft 2003 is being phased out and the City will need to upgrade to MS Exchange 2007 at a minimum. This can be accomplished either in -house or outsourcing. Either method will result in approximately the same cost. FIRST QUARTER FY 10 -11 This project is undergoing the bid process. The contract should be awarded in March of 2011. SECOND QUARTER FY 10 -11 The contractor is currently configuring the new system. We should go live at the end of April. THIRD QUARTER FY 10 -11 This project is fully implemented and complete. Project 604 - Network Monitoring (Solarwinds) Account Number: 015 - 9892 -604 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 10 -11 $ 35,000 $ 29,993 $ - Total $ 35,000 $ 29,993 $ - $ 5,007 PROJECT DESCRIPTION This software product is needed to monitor the city network and the connections coming into and going out of the City. This is a critical task for the Dispatch Center to ensure they always have a connection to the OSSI system. The product will also allow for the monitoring of data as identified in the security assessment. FIRST QUARTER FY 10 -11 The software has been bought and is being installed. Completion of the upgrade will be in February 2011. SECOND QUARTER FY 10 -11 This project is in the process of implementation. It is virtually completed. THIRD QUARTER FY 10 -11 This project is in the process of implementation. FOURTH QUARTER FY 10 -11 This project is in the training and monitoring phase. This project is complete. Project 799 — Whelen Tower Replacement Account Number: 015 - 9892 -799 Funding: Budget Expenditures Fiscal Year 10 -11 $ 18,000 $ - Total $ 18,000 $ - Encumbrances $ - $ 18,000 Budget Remaining PROJECT DESCRIPTION This project is an ongoing item to replace one original siren each year. The new upgrades are omni- directional and therefore do not have to rotate for everyone in their range to hear. One of the most frequent items to repair to the original units is the rotator unit. The Company is discontinuing parts for this unit, as it is no longer sold. We intend to replace one annually. FIRST QUARTER FY 10 -11 We are currently working with Shoreacres to find a solution to their part of the tower. SECOND QUARTER FY 10 -11 Shoreacres does not have funding. We will carry this project over to the next FY and add funding to replace the tower. THIRD QUARTER FY 10 -11 We will carry this project over to the next FY and add funding to replace the tower. FOURTH QUARTER FY 10 -11 This funding will be carried over to FY 11 -12 Project 987 — Wireless Network Account Number: 015 - 9892 -987 Funding: Budget Expenditures Fiscal Year 09 -10 $ 130,000 $ 125,991 Fiscal Year 10 -11 85,000 - Encumbrances 89,008 Budget Remaining Total $ 215,000 $ 125,991 $ 89,008 $ 2 PROJECT DESCRIPTION This project is for a wireless network to run cameras and handheld inspection devices within the City. FIRST QUARTER FY 10 -11 We are developing the project list and equipment. This project should continue in March of 2011. SECOND QUARTER FY 10 -11 This project has gone to Council and the equipment is being ordered. THIRD QUARTER FY 10 -11 This project will be complete in the fourth quarter. FOURTH QUARTER FY 10 -11 This project will be complete in the fourth quarter Project 988 — Sungard E- Government Project Account Number: 015 - 9892 -988 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 214,000 $ 73,905 $ - Fiscal Year 10 -11 - 19,782 5,659 Total $ 214,000 $ 93,687 $ 5,659 $ 114,654 PROJECT DESCRIPTION This project is for the implementation of modules to enhance our financial system. FIRST QUARTER FY 1 0 -1 1 In progress SECOND QUARTER FY 10 -11 In progress THIRD QUARTER FY 1 0 -1 1 In progress with the Planning and Inspections departments. FOURTH QUARTER FY 10 -11 We will be testing a new iPad application for the inspections division. This should save money with this project. The pilot project should be complete by December 2011. We will carry these funds over into 11 -12. Project 991 - IT Building Computer Equipment Account Number: 015 - 9892 -991 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 09 -10 $ 50,000 $ 38,163 $ - Fiscal Year 10 -11 - - 5,250 Total $ 50,000 $ 38,163 $ 5,250 $ 6,587 PROJECT DESCRIPTION Installation of IT related equipment in the new IT building. FIRST QUARTER FY 10 -11 The remaining equipment will be delivered in February of 2011. SECOND QUARTER FY 10 -11 This project is 90% complete. THIRD QUARTER FY 10 -11 This project is 90% complete. FOURTH QUARTER FY 10 -11 We will carry over the remaining funds into FY 11 -12 to finish this project. The remaining funds will be used for the IT fiber and connectivity upgrades completing the Disaster Recovery site. Project 611 - Northside Housing Project Account Number: 015 - 9892 -611 Funding: Budget Expenditures Fiscal Year 10 -11 $ 40,000 $ - Encumbrances Budget Remaining Total $ 40,000 $ - $ - $ 40,000 PROJECT DESCRIPTION The Northside Housing project will set aside funds to support additional housing on the Northside. The City participates with Harris County to build houses on the northside of town. These funds will allow the City to continue this program. FIRST QUARTER FY 10 -11 The Department is investigating the leveraging of said funds with additional Harris County Community Services funding to acquire and build upon several lots in the Northside. Locations have not been determined, and funding cycle of Harris County will define the anticipated schedule. SECOND QUARTER FY 10 -11 The Department is investigating the leveraging of said funds with additional Harris County Community Services funding to acquire and build upon several lots in the Northside. Locations have preliminarily been determined and will depend upon the funding cycle of Harris County. Notice of funding availability will be distributed April 23, 2011, with applications due June 13, 2011. THIRD QUARTER FY 10 -11 In response to Harris County's PY 2012 HOME Grant RFP, the City has submitted an application for funding to build eight (8) affordable single - family homes in the City's Northside. FOURTH QUARTER FY 10 -11 The Department has filed the PY2012 HOME application with Harris County and has responded to all requests for additional information by reviewing staff. We are currently awaiting word on the application award for seven (7) units to be constructed over the next two years. Project 859 - Northside Community Plan Account Number: 015 - 9892 -859 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 01 -02 $ 100,000 $ 229 $ - Fiscal Year 02 -03 20,000 19,218 - Fiscal Year 03 -04 100,000 58,282 - Fiscal Year 04 -05 - 22,250 - Fiscal Year 05 -06 - 1,500 - Fiscal Year 06 -07 - 45,663 - Fiscal Year 07 -08 100,000 23,394 - Fiscal Year 08 -09 - 9,610 Fiscal Year 09 -10 - 78,093 - Fiscal Year 10 -11 - 5,169 5,566 Total $ 320,000 $ 263,408 $ 5,566 $ 51,026 PROJECT DESCRIPTION The City's 2020 Comprehensive Plan and the 1999 Northside Neighborhood Plan goals charge the City to do the following: Consider to revitalize and rehabilitate existing housing where needed. Encourage the rehabilitation or replacement of substandard housing. Stabilize and improve the quality of neighborhoods and other areas in decline by attracting renewed private investment activity. Develop a visionary, community -based system to direct actions toward building a strong economic base for new businesses and jobs together with affordable housing initiatives. FIRST QUARTER FY 10 -11 All referenced phases have been completed. The Northside Community Plan is scheduled for an update this year (budgeted separately). The Department anticipates using the fund balance to achieve goals resulting from this year's Northside Plan update. SECOND QUARTER FY 10 -11 The City anticipates using the balance of funds for this project to achieve the goals resulting from this year's Northside Plan update. A proposal has been sought for the Plan update. A consultant is generating the scope of services. THIRD QUARTER FY 10 -11 Staff has discussed the scope of services and other plan elements with a prospective consultant, who is working on submitting a proposal for services. FOURTH QUARTER FY 10 -11 The department conducted two scoping meetings with interested Council Members, and based upon those meeting has selected Kimley Horn's proposal to complete the plan update. The plan will commence in October and take approximately seven months to complete. Project 972 — Planning Software (Building /Codes) Account Number: 015 - 9892 -972 Budget Funding: Budget Expenditures Encumbrances Remaining Fiscal Year 08 -09 $ 104,500 $ - $ - Fiscal Year 09 -10 - - - Fiscal Year 10 -11 - - - Total $ 104,500 $ - $ - $ 104,500 PROJECT DESCRIPTION Software provides a comprehensive, flexible solution for community development departments that supports the tracking of all stages of construction activity. From initial zoning allocation thru plan review, permit issuance, inspections, co- issuance, final sign -off and future remodeling and code enforcement events. Data is collected, organized, analyzed and at your fingertips. Inspections /Code Enforcement: • Inspection results updated within 5 minutes of completion • Jobsite access to permit information • Correction notices issued in the field • More efficient use of employee time Planning: • Property history readily available (P &Z and ZBOA actions) • Reports FIRST QUARTER FY 10 -11 Field Connect Inspection Modules and Code Enforcement Modules are both still unavailable through Naviline. Project is on hold awaiting said module software as it becomes available. SECOND QUARTER FY 10 -11 Due to ongoing delays with the software being released from beta testing, staff is evaluating other options for the Field Connect Inspection /Code Enforcement modules. THIRD QUARTER FY 10 -11 No activity to report. FOURTH QUARTER FY 10 -11 Staff has determined that Field Connect will not be available anytime in the near future and have therefore acquired I -pads for field use. Setup is pending REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 26, 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 26, 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 Valley Brook, and Roseberry. CP Electric processing work order to relocate power pole at Valley Brook. Design of relocation underway, estimated time for relocation is mid- October. • Brookglen Detention. Construction is substantially complete, Final Inspection conducted on September 15, 2011. • North and South 16 Streets. Design in progress; plans at 90 %. In -House Design and Construction of Citv - Initiated Proiects • South La Porte Bay Outfalls Oakhurst — Contractor approximately 40% complete. • F -216 Regional Detention Project. Contractor approximately 25% complete. • Coordination with Harris County Flood Control District Consultant's agreements have been executed and work begun on Battleground Estates and Shady River. • Battleview Area Survey complete, design 75 %. • East Main. Design is 90% complete and pending HCPID approval. • Browning Street. Public Works expects to have work completed by Dec. 2011. • Adams Street. Public Works expects to have work completed by end of Sept. 2011. 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 scheduled to start in October 2011. • In -Fill Drainage Maintenance. Public Works working on re- grading ditches in Spenwick. Council Agenda Item September 26, 2011 12. ADMINISTRATIVE REPORTS (a) October 3, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. (b) October 3, 2011 — Joint La Porte Development Corporation Board and City Council Meeting — 6:00 p.m. (c) October 10, 2011 — City Council Meeting — 6:00 p.m. (d) October 24, 2011 — City Council Meeting — 6:00 p.m. 13. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Mosteit, Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken and Mayor Rigby 14. 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. 15. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 16. 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