HomeMy WebLinkAbout11-14-11 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 November 14,
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 B. L. Worsham of Second Baptist Church of
La Porte.
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Tommy
Moser.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Flag presentation to Jerome McKown — Senator Mike Jackson
(b) Presentation of a symbolic check by the Citizens Police Academy Alumni Association — K.
Adcox
5. PUBLIC COMMENTS (Limited to five minutes per person.)
6. CONSENT AGENDA
(a) Consider approval or other action of the minutes of the City Council meetings held on
October 24, 2011, and October 31, 2011 — P. Fogarty
(b) Consider approval or other action awarding Bid # 12004 for replacement and additional
vehicles — D. Mick
(c) Consider approval or other action of a Resolution to appoint a representative and alternate
to the Houston - Galveston Area Council Board of Directors and General Assembly — P.
Fogarty
(d) Consider approval or other action of a Resolution casting the City's ballot for the election of
a person to the board of directors of the Harris County Appraisal District — P. Fogarty
(e) Consider approval or other action regarding Fair Housing Activity Statement (FHAST) form
and integrating the three -item revision for submittal to General Land Office (GLO) — T.
Tietjens
(f) Consider approval or other action of an ordinance authorizing a contract between the City
of La Porte and the Association of Bayport Companies for EMS services — R. Nolen
(g) Consider approval or other action awarding Bid # 12006 for East Main Street drainage
improvements — J. Garza
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing to receive comments regarding condemnation of the substandard building
at 1307 E. Main Street (this public hearing is continued from the September 26, 2011, City Council
meeting) — D. Wilmore
(b) Consider approval or other action regarding an ordinance condemning the building at 1307
E. Main Street — D. Wilmore
(c) Public Hearing to receive public input on Special Conditional Use Permit (SCUP # 11-
91000005) for an off -site parking facility to be located at 111 South 5 Street for King's
BBQ — T. Tietjens
(d) Consider approval or other action on recommendation of the Planning and Zoning
Commission of an ordinance amending Chapter 106 "Zoning" of the Code of
Ordinances of the City of La Porte for the purpose of granting a Special Conditional Use
Permit, (SCUP # 11- 91000005) for an off -site parking facility to be located at 111 South 5th
Street for King's BBQ — T. Tietjens
8. AUTHORIZATIONS
(a) Consider approval or other action authorizing the Planning Director to execute a pipeline
permit to ETC NGL Transport, LLC, for the installation of a 20" NGL pipeline through the
City of La Porte — T. Tietjens
9. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding recommendation of the Chapter 172 Board to adopt
changes to City health insurance plan — H. Weger
(b) Consider approval or other action regarding an ordinance amending Chapter 14 of the
Code of Ordinances, by placing restrictions on the tethering of animals — K. Adcox
(c) Discussion or other action regarding options for a Joint Election Agreement with San
Jacinto College and La Porte Independent School District — Clark Askins /P. Fogarty
10. STAFF REPORTS
(a) Receive report on the Municipal Court Juvenile Program — D. Mitrano
(b) Receive Drainage Report — J. Garza
11. ADMINISTRATIVE REPORTS
(a) Thanksgiving Holidays —Thursday, November 24, 2011, and Friday, November 25, 2011
(b) City Employee Christmas & Service Awards Banquet — Friday, December 9, 2011
(c) City Council Meeting — Monday, December 12, 2011
12. 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 Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen, Martin, and Mayor Rigby.
13. 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, including, but not limited to, the following:
Texas Government Code, Section 551.072 — Deliberation regarding Real Property — City of
La Porte - Flanagan Shipping lease agreement; property located at 918 N. Broadway.
Texas Government Code, Section 551.072 — Deliberation regarding Real Property — Potential
lease agreement on airport property.
Texas Government Code, Section 551.071(1) — Consultation with Attorney regarding pending or
contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District.
14. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
15. Consider approval or other action regarding an ordinance authorizing the annexation of an
approximately 29 -acre tract of land in the Battleground Industrial District and located within the City
of La Porte's extraterritorial jurisdiction — T. Tietjens
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 November 14, 2011, agenda of items to be considered by the City Council was posted on
the City Hall bulletin board on November 8, 2011.
Patrice Fogarty, Ci Aysecretary
I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from
the City Hall bulletin board on the day of 1 2011.
Signature of person removing from bulletin board
Council Agenda Item
November 14, 2011
1. CALL TO ORDER
2. INVOCATION — The invocation will be g iven by B. L. Worsham of Second Baptist
Church of La Porte
3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember
Tommy Moser
4. PRESENTATOINS, PROCLAMATIONS AND RECOGNITIONS
(a) Flag Presentation to Jerome McKown — Senator Mike Jackson
(b) Presentation of a symbolic check by the Citizens Police Academy Alumni Association
— K. Adcox
5. PUBLIC COMMENTS (Limited to five minutes per person)
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Flag will be presented during
the meeting.
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11 -14 -11
Requested By: Kenith Adeox
Department: 1 OW0
Report: Resolution: Ordinance
Exhibits: Presentation — CPAAA "Svmbolic Check"
Representing Volunteer Hours
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The CPAAA (Citizens Police Academy Alumni Association) President, Phillip Ferguson, would
like to present a "symbolic" check to the Mayor, representing the amount of hours our citizen
volunteers have given of themselves to assist the La Porte Police and other City Departments
over the past fiscal year.
Action Required by Council:
None.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
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
OCTOBER 24, 2011
The City Council of the City of La Porte met in a regular meeting on Monday, October 24, 2011, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the
following items of business:
CALL TO ORDER
Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present. Also
present were City Secretary Patrice Fogarty, Assistant City Manager Traci Leach, and Assistant
City Attorney Clark Askins.
2. INVOCATION - The invocation was given by Dee Spears of Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS
Mayor Rigby recognized Walter Lee, from Finance Utility Billing, as the "Employee of the (Third)
Quarter."
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Norma Elliott, 11621 North D Street, La Porte, addressed City Council regarding her concerns of
dogs being restrained with chains, and requested Council to address the cruel treatment of animals.
Thad Pittman, 905 Myrtle Creek, La Porte, addressed City Council regarding his concern with traffic
and speeding vehicles on Myrtle Creek. Mr. Pittman also requested the installation of speed bumps
and /or a patrol officer to maintain safety in the neighborhood.
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 the joint meeting of the La Porte
Development Corporation Board and City Council held on October 3, 2011, and the minutes
of the regular meeting of City Council held on October 10, 2011 — P. Fogarty
(b) Consider approval or other action regarding an ordinance approving a contract with Perdue,
Brandon, Fielder, Collins, & Mott for collection of mowing and demolition fees — M. Dolby
(c) Consider approval or other action authorizing the purchase of Hart Voting System election
equipment, and authorizing the Mayor to sign and enter into a Master Agreement and a
Warranty, Support and License Agreement with Hart InterCivic on behalf of the City of La
Porte — P. Fogarty
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October 24, 2011, City Council Meeting Minutes
(d) Consider approval or other action regarding an ordinance amending Chapter 38 of the Code
of Ordinances by establishing fees for Fire Department responses to areas located within
the Battleground and Bayport Industrial Districts — D. Ladd
(e) Consider approval or other action authorizing the Planning Director to execute a pipeline
permit to Enterprise Crude Pipeline, LLC, for installation of an 18" crude oil pipeline from
Exxon's Bayport to Baytown Corridor to the Enterprise Products Operation facility in
Morgan's Point — T. Tietjens
(f) Consider approval or other action awarding RFP #08512 for Janitorial Services — S. Cream
(g) Consider approval or other action awarding a bid for the purchase of 27,500 rolls of 1.5 mil.
30- gallon plastic garbage bags — D. Mick
(h) Consider receiving and authorizing the Mayor to sign the audit/asset forfeiture report as
required by Chapter 59 of the Texas Code of Criminal Procedures — K. Adcox
Assistant City Attorney Clark Askins read the caption of Ordinance 3386, AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PERDUE,
BRANDON, FIELDER, COLLINS & MOTT, LLP, FOR CITY MOWING AND DEMOLITION LIEN
COLLECTION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Assistant City Attorney Clark Askins read the caption of Ordinance 3387, AN ORDINANCE
AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE BY ESTABLISHING SERVICE CALL FEES FOR DISPATCH OF LA PORTE FIRE
DEPARTMENT TO LOCATIONS IN THE BATTLEGROUND AND BAYPORT INDUSTRIAL DISTRICTS,
FOR NON -CIMA MEMBERS; CONTAINING A REPEALING CLAUSE CONTAINING A SEVERABILITY
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Consent Items E and F were pulled for individual discussion and comments. Councilmember
Zemanek requested Item B be voted on separately.
Regarding Item E, Councilmember Mosteit questioned whether some of the drainage issues are
caused by pipeline construction in the city. Planning Director Tim Tietjens advised older pipelines
are impacting the drainage of the F101 Project, but not recent pipeline construction. Mr. Tietjens
also advised he c ould organize a m eeting for pipeline networks on behalf of the city.
Councilmember Moser requested the item be voted on separately.
Regarding Item F, Councilmember Zemanek questioned why information had not been provided for
janitorial services at 908 W. Main. Purchasing Manager Susan Cream advised she could meet with
Parks and Recreation Director, Stephen Barr, and request that the awarded vendor obtain
comparison information for janitorial services at 908 W. Main, if so directed.
Councilmember Engelken moved to approve Consent Agenda Items A, C, D, F, G, and H pursuant
to recommendations by City Staff. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek,
Mosteit, Engelken, Moser, Kaminski and Martin
Nays: None
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October 24, 2011, City Council Meeting Minutes
Councilmember Clausen moved to approve Consent Agenda Item B pursuant to recommendations
by City Staff. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Mosteit and
Engelken
Nays: Councilmembers Leonard, Zemanek, Moser and Kaminski
Mayor Rigby moved to approve Consent Item E pursuant to recommendations by City Staff.
Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Martin, Zemanek and
Engelken
Nays: Councilmembers Mosteit, Leonard, Kaminski and Moser
7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the
Battleground Industrial District located within the City of La Porte's extraterritorial jurisdiction
— T. Tietjens
City Council opened the public hearing at 6:33 p.m. regarding public input on the annexation
of an approximately 29 -acre tract of land in the Battleground Industrial District located within
the City of La Porte's extraterritorial jurisdiction — T. Tietjens
Planning Director Tim Tietjens presented the summary
The following spoke during the public hearing:
Richard Weaver, attorney for property owner Ted Booher, informed City Council the
property has been cleared of machinery items and is very clean and organized. Mr. Weaver
also requested members of Council view the property again if they've not seen it in a while.
Phillip Hoot, 927 Seabreeze, La Porte, requested an explanation on why the annexation is
taking place.
Planning Director Tim Tietjens informed staff had been directed to proceed with the
annexation preparation due to aesthetic issue with debris, weeds and rodents that are
associated with health and safety concerns. Mayor Rigby commented City Council had
been presented with a service plan in August for the annexation process.
John Kling, 11025 Pinewood Ct., La Porte, spoke against the annexation and suggested
other areas in the city should be cleared of debris, as well.
The public hearing closed at 6:40 p.m.
8. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding the Comprehensive Plan Update from Kendig Keast
Collaborative — M. Malik
City Planner Masood Malik presented the summary, and Bret Keast provided a power point
presentation.
Councilmember Zemanek commented that the nine elected councilmembers know what is
best for the City of La Porte regarding growth for the next twenty years. Councilmember
Moser asked what is meant by redevelopment, and Mr. Keast comment it could be I ike a
Page 3 of 8
October 24, 2011, City Council Meeting Minutes
shot in the arm for neighborhoods or redevelopment of the vacated car lots.
Councilmember Zemanek asked for abetter definition of a" shot in the arm." Mr. Keast
stated it may be drainage, sidewalks or other infrastructure improvement or working with
individual neighborhood plans.
(b) Discussion or other action regarding procedures for recruitment/hiring of a city manager —
Mayor Rigby
Mayor Rigby informed Council a Request for Proposal was previously utilized for a search
firm in selecting a city manager. The Mayor asked Council if there are other suggestions on
a selection process for a new city manager.
Councilmember Clausen commented that a search firm is needed.
Council questioned the services as earch firm would provide in selecting a city manager.
Purchasing Manager Susan Cream advised search firms have access, knowledge, and a
data base with interested candidates, together with a pool of contacts. Mayor Rigby added
a search firm would have the time to search for qualified candidates that City Council would
be interested in interviewing.
Mayor Rigby directed Purchasing Manager Susan Cream to forward City Council a copy of
the RFP (Request for Proposal) that was used last time to find a search firm. In addition,
Ms. Cream was directed to begin the process for a Request for Proposals for City Council to
review, together with a list of potential search firms, and bring these back to Council for
consideration at the December 12, 2011, Council meeting.
Councilmember Engelken moved to begin the process to hire a search firm. Councilmember
Clausen seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Zemanek, Moser,
Leonard, Kaminski, Clausen, Martin, Mosteit and
Engelken
Nays: None
(c) Discussion or other action regarding the approval of an ordinance amending Chapter 82 of
the Code of Ordinances by adopting the 2011 Edition of the National Electrical Code — M.
Huber
Deputy Building Official Mark Huber presented a summary. Assistant City Attorney Clark
Askins read the caption of Ordinance 3388, AN ORDINANCE AMENDING CHAPTER 82 OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADOPTING THE 2011 EDITION
OF THE NATIONAL ELECTRICAL CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Moser moved to approve Ordinance No. 3388 as presented.
Councilmember Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Leonard, Clausen,
Zemanek, Mosteit, Engelken, Moser, Kaminski and
Martin
Nays: None
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October 24, 2011, City Council Meeting Minutes
(d) Discussion or other action regarding the employee stipend for Civil Service employees —
Councilmembers Kaminski, Zemanek and Moser.
Councilmember Kaminski questioned if all police officers would receive the employee
stipend like other city employees. Mayor Rigby commented the request in the budget was
for employees who are not going to receive a merit increase to receive the employee
stipend excluding civil service employees until April 1, 2012, when their agreement expires.
Councilmember Zemanek commented he was in favor of all full time employees, regardless
of civil service status, to receive the employee stipend, which is what he understood during
the budget discussion.
Councilmember Clausen commented he understood La P orte Police Officer Association
President Matt Novosad, who spoke at the last Council Meeting, advised civil service
employees did not want to wait until April 1, 2012, for step increases.
La Porte Police Officer Association President Matt Novosad commented he addressed City
Council for clarification on the employee stipend for all employees and if Council understood
Civil Service employees could also be considered for the employee stipend regardless of
step increases.
Councilmember Clausen moved to make civil service employees whole on the $1000
amount if and /or when they receive a step increase, should it be I ess than the $1000
stipend, then the City would fund the difference between the step increase and the
employee stipend. Councilmember Martin seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Martin, Clausen,
Mosteit and Engelken
Nays: Councilmembers Leonard, Kaminski, Moser and
Zemanek
(e) Discussion or other action regarding the Second Water Main Feed t o Bay Colony —
Councilmembers Zemanek, Kaminski and Moser
Councilmember Zemanek requested Public Works Director Dave Mick to provide an
explanation for the second water main feed to Bay Colony. Mr. Mick presented a summary.
Councilmember Zemanek questioned if the City of Shoreacres would provide assistance
with the project. Public Works Director Dave Mick responded yes, Shoreacres is financially
participating in the cost of the project.
City Council directed Public Works Director Dave Mick to move forward with the completion
of the second water main feed to Bay Colony.
(f) Discussion or other action regarding future requests for infrastructure improvements that
facilitate development — Councilmembers Zemanek, Kaminski and Moser.
Councilmember Zemanek informed City Council this item was at the request of a business
owner at 212 W. Main Street, suggesting the City install a water line at the business location
due to the requirement for a fire suppression system. Councilmember Zemanek requested
comments from Council on the request and the impact of potential requests from other
business owners.
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October 24, 2011, City Council Meeting Minutes
Councilmember Moser questioned if there was an ordinance regarding water line
replacements. Planning Director Tim Tietjens informed Council that Ordinance 2005 -759 -A
addresses existing water lines.
Councilmember Kaminski commented approving this request would not be fair to other
business owners who were funding their own water lines.
Mayor Rigby added a City policy is not in place to provide assistance with water line
upgrades.
Councilmember Zemanek moved to deny this request for waterline improvements.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit and Engelken
Nays: Councilmembers Leonard and Martin
(g) Discussion or other action regarding confinement of animals/ chaining of dogs —
Councilmembers Zemanek, Kaminski and Moser
Councilmember Zemanek requested Police Chief Ken Adcox to comment on confinement of
animals/ chaining of dogs. Chief Adcox advised the City currently allows tethering of animals
as long as it is done humanely. Councilmember Zemanek questioned whether the City can
currently do anything if an animal is chained twenty -four hours a day, seven days a week.
Chief Adcox responded it is perfectly legal as long as state law standards are met. Chief
Adcox advised Council could restrict, or completely prohibit, the tethering of animals.
Animal Control Officer Clarence Anderson commented he personally did not like tethering of
animals or the use of small cages.
Mayor Rigby asked if Council directed staff to bring back an ordinance addressing and
prohibiting tethering, would it be enforceable. Chief Adcox advised yes; and staff would
bring back an ordinance addressing tethering, also providing certain exceptions, for
Council's consideration.
Councilmember Moser moved to direct staff to bring back an ordinance banning tethering.
Councilmember Kaminski seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit, Leonard, Martin and
Engelken
Nays: None
9. COMMMITTEE REPORTS
(a) Receive Report of Fiscal Affairs Committee — Councilmember Engelken presented a short
report.
10. STAFF REPORTS
(a) Receive Drainage Report — Julian Garza provided a Drainage Report.
Councilmember Engelken commented he was concerned with the qualifications of the Consulting
Engineer for Klotz and Associates performing an analysis on the Brookglen detention pond due to
previous reports provided to the Drainage and Flooding Committee.
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October 24, 2011, City Council Meeting Minutes
Councilmember Zemanek questioned the design and construction cost for Deer Park water placed
in the La Porte detention pond; and if the City would be billed by Klotz and Associates for the
meetings that would be scheduled. City Engineer Julian Garza responded the City would not and
has not been charged for meetings held with Klotz and Associates. Mr. Garza also responded
La Porte is not taking water from Deer Park.
11. ADMINISTRATIVE REPORTS
(a) November 7, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m.
(b) November 14, 2011 — City Council Meeting — 6:00 p.m.
There were no additional administrative reports.
12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upc oming events; inquiry of staff regarding specific factual
information or existing policies — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen and Mayor Rigby.
Councilmember Martin congratulated the La Porte Bulldogs for winning their game against North
Shore. Councilmembers Moser, Kaminski, Zemanek, Leonard, Mosteit, and M ayor Rigby
congratulated Walter Lee as "Employee of the (Third) Quarter." Councilmember Kaminski thanked
everyone for attending the meeting. Councilmember Zemanek remembered someone special he
lost twelve years ago today. Councilmember Leonard commented on the productive meeting.
Councilmember Mosteit thanked everyone who attended the La Porte Live Stock Show and Rodeo
Association's fund raiser.
13. 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, including, but not limited to, the following:
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or
contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre
tract of land in the Battleground Industrial District.
Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or
contemplated litigation: regarding issues on property located at 603 N. Broadway, La Porte, Texas.
Texas Government Code, Section 551.074 — Deliberation concerning the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a publ is officer or
employee: Appointment/hiring of interim city manager.
City Council recessed the regular meeting to convene an executive session at 8:45 p.m
14. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 10:17p.m. Regarding the first item, Council gave direction to
the City Attorney to continue with the annexation process as the offer of settlement from the
landowner was not acceptable; regarding the second item, Council gave direction to staff to begin
the process to clear the right -of -way and to file suit to force settlement; regarding the third item,
Council gave direction to the Mayor to negotiate a contract with a candidate for interim city manager
services.
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October 24, 2011, City Council Meeting Minutes
Councilmember Engelken moved to direct the Mayor to negotiate a contract with a candidate for
interim city manager services. Mosteit seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Moser, Kaminski, Mosteit, Leonard, Martin and
Engelken
Nays: None
15. ADJOURN
There being no further business, Councilmember Engelken moved to adjourn the meeting at
10:20 p.m.
Respectfully submitted,
Patrice Fogarty, City Secretary
Passed and approved on the 14 of November, 2011.
Mayor Louis R. Rigby
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October 24, 2011, City Council Meeting Minutes
LOUIS RIGBY
Mayor
JOHN ZEMANEK
Councilmember at Large A
DOTTIE KAMINSKI
Councilmember at Large B
MIKE MOSTEIT
Councilmember District 1
CHUCK ENGELKEN
Mayor Pro Tem
Councilmember District 2
DARYL LEONARD
Councilmember District 3
TOMMY MOSER
Councilmember District 4
JAY MARTIN
Councilmember District 5
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 31, 2011
The City Council of the City of La Porte met in a special meeting on Monday, October 31, 2011, at the
City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the
following items of business:
CALL TO ORDER
Mayor Rigby called the meeting to order at 5:00 p.m. Members of Council present:
Councilmembers Leonard, Zemanek, Mosteit, Engelken, Martin and Clausen. Absent:
Councilmember Moser. Also present were City Secretary Patrice Fogarty, Assistant City Manager
Traci Leach, and Assistant City Attorney Clark Askins.
2. 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, including, but not limited to, the following:
Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of
the sale of property located at 908 and 912 W. Main Street.
Texas Government Code, Section 551.074 —
employment, evaluation, reassignment and /i
Appointment/hiring of interim city manager.
For the purpose of deliberating the appointment,
r duties of a publ is officer or employee:
City Council recessed the regular meeting to convene an executive session at 5:01 p.m.
3. RECONVENE into regular session and consider action, if any, on items discussed in executive
session.
The regular meeting reconvened at 5:26 p.m.
4. AUTHORIZATIONS
(a) Consider approval or other action authorizing a contract for services of Interim City Manager
— Mayor Louis R. Rigby
Councilmember Engelken moved to authorize a contract for services of Interim City Manager to
Steve Gillett. Councilmember Zemanek seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Kaminski, Mosteit, Leonard, Martin and Engelken
Nays: None
Absent: Councilmember Moser
Page 1 of 2
October 31, 2011, City Council Meeting Minutes
5. DISCUSSION OR OTHER ACTION
(a) Discussion or other action regarding a draft request for proposals for the hiring of an executive
search firm for selection of a City Manager — Mayor Louis R. Rigby
Council discussed timelines for publishing a Request for Proposals for an executive search firm for
selection of a City Manager and, if required, the need for a special called meeting to speed the
process.
Purchasing Manager Susan Cream advised Council the RFP (Request for Proposal) could be
advertised on November 10, 2011, and November 17, 2011, and opened on November 29, 2011.
Council directed staff to evaluate the top three executive search firms for selection of a C ity
Manager and be prepared to make a recommendation to City Council tentatively by the December
12, 2011, Council meeting.
Councilmember Engelken moved to direct staff to publish an RFP, and once opened, to evaluate
the top three executive search firms for selection of a City Manager and provide recommendations
to City Council. Councilmember Leonard seconded. MOTION PASSED.
Ayes: Mayor Rigby, Councilmembers Clausen, Zemanek,
Kaminski, Mosteit, Leonard, Martin and Engelken
Nays: None
Absent: Councilmember Moser
6. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upc oming events; inquiry of staff regarding specific factual
information or existing policies — Councilmembers Moser, Kaminski, Zemanek, Leonard,
Engelken, Mosteit, Clausen, Martin and Mayor Rigby
Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin and M ayor Rigby
welcomed Steve Gillett onboard as Interim City Manager.
7. ADJOURN
There being no further business, at 5:37 p.m. Councilmember Engelken moved to adjourn the
meeting.
Respectfully submitted,
Patrice Fogarty, City Secretary
Passed and approved on the 14 of November, 2011.
Mayor Louis R. Rigby
Page 2 of 2
October 31, 2011, City Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2010
Requested By: David Mick
Department: Public Works
Report: X Resolution: Ordinance:
Exhibits: Bid Tabulation
Exhibits: HGAC Block Purchase Data Sheet -Ambulanc
Exhibits Bidders List
Budget
Motor Pool
Source of Funds: and General Funds
Account Number: Various
Amount Budgeted: S 679,845
Amount Requested: S 608,265
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Sealed bids ( #12004) were received on October 11, 2011 for the purchase of city vehicles. There are
seventeen (17) replacement vehicles and one (1) additional vehicle new to the city fleet being
presented to City Council for consideration. Bids were sent to thirty-one (3 1) vendors with seven (7)
returning bids. Low bid for vehicles meeting specifications or best value are as follows:
BIDDER BID ITEM
BID BUDGETED USER
HGAC Block Purchase
One Ambulance [3]
$169,925.00
$173,250.00
EMS
Dallas Dodge
1) -(six) Full Size 4-Dr Patrol Cars
$140,100.00
$184,476.00 [1]
POLICE
Caldi ell Cntry CheN-
2)- (fh-e) 1 /z Ton Pickup
$ 79,435.00
$ 75,065.00
[2]
Tommie Vaughn Mtrs
3) -(one) 3 /4 Ton Ext Cab
$ 20,379.00
$ 25,859.00
POLICE
Tommie Vaughn Mtrs
6) -(one) One -Ton Dual Rear Wh I Cm Cab
$ 32,854.00
$ 41,617.00
PARKS
Philpott Motors
4) -(one) One -Ton Cab Ai - / Sewice Body
$ 27,944.00
$ 29,035.00
SEWER
Caldi ell Cntry Ford
5) -(one) Dual Rear Whil Ai -Yd Dump
$ 36,456.00
$ 32,832.00
PARKS
Caldi ell Cntry Ford
9) -(one) 3 /4 -Ton Ext Cab ii Cntrl Bdy
$ 37,288.00
$ 45,839.00
POLICE
Caldi ell Cntry Ford
10) -(one) 14,500 GVWR Dsl ii Lft
$ 63,884.00
$ 71,872.00
STREET
TOTALS: $608,265.00 S 679,845.00
Notes:
[1] The Budgeted Amount Includes Cost of After Market Purchase of Light Bars, Radios, Sirens,
Rear Seat Shields, Etc. Not Included in the Bid. Staff anticipates that the cost of all after market
price will be at or below the $44,376.00 remaining in the budget for the six patrol cars.
[2] Five Replacement 1/2 -ton Pickup Trucks to Public Works (3), Customer Service (1), Golf
Course (1).
[3] Added to Fleet with FY 11 -12 Budget. Funded from Department Budget through General Fund.
Other Considerations:
The award of equipment purchases will be brought to city council at the December meeting.
Action Required by Council:
1. Authorize an expenditure of $169,925.00 for a new ambulance to be purchased through the
Houston- Galveston Area COuncil (HGAC) block purchase program.
2. Award Bids in the amounts bid by Lowest Qualified Bidders meeting specifications as follows:
• Bid Item 1 to Dallas Dodge,
• Bid Item 2 to Caldwell Country Chevrolet,
• Bid Items 3 and 6 to Tommie Vaughn Motors
• Bid Item 4 to Philpott Motors,
• Bid Items 5, 9, and 10 to Caldwell Country Ford,
Approved for City Council Agenda
Steve Gillett, Interim City Manager Date
BID TABULATION - SEALED BID #11001 - VEHICLES (Proposed for Purchase)
Tommie Vaughn
Caldwell
Caldwell
Grapevine
DESCRIPTION
QTY
Motors
Country Ford
Country
Philpott Motors
McRae Ford
Dodge Chrysler
DALLAS DODGE
Chevrolet
Jeep
1. Full Size Four -Door Patrol Cars Black 8, White
6
No Bid
No Bid
$26,725.00
No Bid
No Bid
No Bid
$23,350.00
Total
No Bid
No Bid
$160,350.00
No Bid
No Bid
No Bid
$140,100.00
2. One -Half ton Pickup with Air Conditioning
5
$17,262.00
$16,388.00
$15,887.00
$16,435.00
$17,345.63
$17,311.00
No Bid
Total
$86,310.00
$81,940.00
$79,435.00
$82,175.00
$86,728.15
$86,555.00
No Bid
3.Three- Quarter Ton Extended Cab and Chassis
1
$20,379.00
$20,626.00
$20,991-00
$20,558.00
$20,419.32
No Bid
No Bid
Total
$20,379.00
20,626.00
$20,991.00
$20,558,001
$20,419.32
No Bid
No Bid
4. One -Ton Cab and Chassis with Service Body
1
$32,262.00
$32,976.00
No Bid
$27,944.00
$33,208.26
No Bid
No Bid
Total
$32,262.00
$32,976.00
No Bid
$27,944.00
$33,208.26
No Bid
No Bid
5. Dual Rear Wheel Crew Cab and Chassis with 3 -Yard
1
$36,880.00
$36,456.00
No Bid
$36,656.00
$37,921.26
No Bid
No Bid
Dump Body
$36,880.00
$36,456.00
No Bid
$36,656.00
$37,921.26
No Bid
No Bid
6. One Ton Dual Rear Wheel Step -Van
1
$32,854.00
$ 34,337.00
No Bid
No Bid
No Bid
No Bid
No Bid
Crew Cab Pick -Up
Total
$32,854.00
$34,337.00
No Bid
No Bid
No Bid
No Bid
No Bid
9. 'Three Quarter Ton Extend cab and Chassis with Animal
1
$37,371.00
$ 37,288.00
$ 37,447.00
$ 38,687.00
$38,299.32
No Bid
No Bid
Control Body
$37,371.00
$37,288.00
$37,447.00
$38,687.00
$38,299.32
No Bid
No Bid
10. Cab and Chassis Diesel Powered, Dual Rear Wheels,
1
$64,470.00
$ 63,884.00
No Bid
$ 64,290.00
No Bid
No Bid
No Bid
14,500 GVWR, with Aerial Lift
$64,470.00
$63,884.00
No Bid
$64,290.00
No Bid
No Bid
No Bid
information retlects pricing only and other factors may be considered during the evaluation process
CONTRACT PRICING WORKSHEET
HGACBuy For MOTOR VEHICLES Only
Contract
No.:
AM04 -10
Date
Prepared:
p`
09/01/11
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both the PO and the
Worksheet MUST be faxed to H -GAC @ 713- 993 -4548. Therefore please type or print legibly.
Ageing
:lgence:
Cit y of La Porte EMS
Contractor:
Ctt
Sterli Call Ford
� g
Contact
Person:
Jason Peugeot
Prepared
Av:
Tim Kettle
Phone:
281- 470 -0066
Phone:
281 -588 -5049
P 11,1111
1 281-471-0688
Fax:
281- 588 -5150
ail:
peu�.eotj(c�laportetx.gov
Email:
d <ett le(c�sterlingmccallford.com
Pr odu c t
C ode: :
C
LA08
Description:
Type I 14' on Ford F -450 Diesel DRW Cab/ Chassis, Gen Pwrd Mod
Product Item Base Unit Price Per Contractor's H -GAC Contract: 12200(
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(N ote; Published Options are options which were submitted and priced in Contractor's bid.)
Description
Cost
Description
Cost
6 - Granning air suspension system for Ford F -450 w/ compre
5500
602 - This unit gets a second shelf in the rear storage compartln
150
1 - Heat shielding for diesel chassis
1500
106 - Running boards for Ford F -350, F -450 or F -550
45(
1171- Double 8" 3M reflective stripe with non - reflective pinstri
2700
465 - (1) set Helms automotive manual on disk
35(
1167 - 3M diamond grade conspicuity tape in Chevron pattern
1500
16 - Arm rests on the console
20(
22 - This (non Chevy) unit gets electric locks on module door.
300
277 - Air Liquide electric 02 panel with monitor at the action V
127
31 - There is an electric lock actuator on the side main door
300
368 - Grey EVS captain's chair with built -in child safety seat
70(
32 - There is an electric lock actuator on the rear main door
300
28 - 3 receptacle 12VDC outlet, no medical diode isolator on p•
10(
33 - There is an electric lock actuator on the front I/O door
300
1209 - Lighting modification from base (each) (x 10)
500(
41 - There is an electric lock actuator on the 02 compartment
300
1303 — All products listed in the current Whelen Automotive D
67
1147 - Install a Voyager quad view monitor in the truck cab nea
800
1305 — All products listed in the current Stryker "List Price Bo
15381
9 - Buell dual 10" & 12" air horns through front bumper
800
Subtotal From Additional Sheet(s):
4301(
)9 - Mount a fast recovery compressor for the air horn system t
1200
Subtotal B:
4408(
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
ote: Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description
Cost
Description
Cost
urnish & install Knox MedVault
1775
urnish &install Camber Johnson mounting base and pole arse
370
Subtotal From Additional Sheet(s):
nstall your Lind power Supply inside console, charge guard ins
700
Subtotal C:
284
C al cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A -F).
For this transaction the percentage is:
2%
Total Cost Before Any Applicable Trade -In / Other Allowances l Discounts (A +B +C)
Quantity Ordered: I x Subtotal of A+ B + C:
168925
=
Subtotal D:
16892
H -GAC Order Processing Charge (Amount Per Current Policy) IF Subtotal E:
100(
F . Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description
Cost Description Cost
Delivery Dater
G. Total Purchase Price (D +E +F) :, 16992
CONTRACT PRICING WORKSHEET
HGACBuy For MOTOR VEHICLES Only
Contract
No.:
AM04 -10
Date
Prepared:
p`
09/01/11
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both the PO and the
Worksheet MUST be faxed to H -GAC @ 713- 993 -4548. Therefore please type or print legibly.
Ageing
:lgence:
Cit y of La Porte EMS
Ctt
Contractor:
Sterli Call Ford
� g
Contact
Person:
Jason Peugeot
Prepared
Av:
Tim Kettle
Phone:
281- 470 -0066
Phone:
281 -588 -5049
P 11,1111
1 281-471-0688
Fax:
281- 588 -5150
ail:
peu�.eotj(c�laportetx.gov
Email:
tkettle (c�sterlingmccallford.com
Pr odu c t
C ode: :
C
LA08
Description:
Type I 14' on Ford F -450 Diesel DRW Cab/ Chassis, Gen Pwrd Mod
Product Item Base Unit Price Per Contractor's H -GAC Contract: 12200(
B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable.
(N ote; Published Options are options which were submitted and priced in Contractor's bid.)
Description
Cost
Description
Cost
S - (2) large aluminum map holders on rear of console
350
380 - Install a Sharps container and bracket on the rear wall abc
7
- 2 high glove box holder on back wall of truck cab
125
89 - 3 high glove box holder above the squad bench cushions
150
30 - 2 high powder coated aluminum jumbo "D" cylinder hold
175
39 - Install a (2) high "D" cylinder holder in the 02 compartm
175
65 - 175 -4 dual position cot mount
100
188 - Squad bench cabinet w/ padding on end
600
37 - Extra overhead grab rails on a 14' unit
275
199 - 22 pocket acrylic organizer above the above squad bench
450
185 - Netting at the head of the squad bench
750
1151 - Install an extra fire extinguisher and bracket on the shelf
125
Subtotal From Additional Sheet(s):
1195 - Install used remote radio head(s) and base and related e
950
Subtotal B:
430(
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(N ote; Unpublished options are items which were not submitted and priced in Contractor's bid.)
Description
Cost
Description Cost
Subtotal From Additional Sheet(s):
Subtotal C:
C al cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A -F).
For this transaction the percentage is:
-14
Total Cost Before Any Applicable Trade -In / Other Allowances l Discounts (A +B +C)
Quantity Ordered: x Subtotal of A+ B + C: = Subtotal D:
H -GAC Order Processing Charge (Amount Per Current Policy) Subtotal E:
F . Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Description
Cost Description Cost
s, Subtotal F:
Delivery Dater G. Total Purchase Price (D +E +F) :,
Bidder's List
Sealed Bid #11001 Vehicles
ALLEN SAMUEL CHEVROLET
7000 SW FWY
Houston, TX 77074
DALLAS DODGE
11550 Lyndon B. Johnson Fwy.
Dallas, TX 75238 -5242
KNAPP CHEVROLET
815 Houston Avenue
Houston, TX 77007
MCREE FORD
PO Box 577
Dickinson, TX 77539
TOMMIE VAUGHN FORD
1145 North Shepherd
Houston, TX 77008
BAYER MOTOR CO. INC.
218 E Grand
Comanche, TX 76442
RELIANCE FORD
621 Hwy 146 South
La Porte, TX 77571
FRIENDLY FORD
2425 Hwy 90
PO BOX 1527
Crosby, TX 77532
PHILPOTT MOTORS LTD.
1400 US Hwy 69 North
Nederland, TX 77627
LONESTAR DODGE
13663 1 H -10 West
San Antonio, TX 78249
BABY JACK II AUTOMOTIVE LTD
PO Box 27
Caldwell, TX 77836
VERSALIFT SOUTHWEST
PO Box 21415
Waco, TX 76702
PLANET DODGE
18555 Hwy 59
Humble, TX 77338
GULFGATE DODGE
7250 Gulf Freeway
Houston, TX 77017
Long Horn Car- Truck Rental Inc
4812 North IH -35 (Hub Vendor)
Austin, TX 78751
Bidnet
20 a Railroad Ave
Albany, NY 12203
Onvia
sourcemmt onvia.net
Wheego Electric Cars
8883 rd St NW
Atlanta, GA 30318
Stahl Scott Fetzer Co.
3201 W Old Lincoln Way
Wooster, OH 44691
Leif Johnson Ford
501 E Koenig
Austin, TX 78751
swebbC_Ieifiohnsonford.com
Johnson Grayson Automotive Inc
1009 Hwy 82 West
Whitesboro, TX 76273
Westway Ford
801 W Airport Fwy
Irving, TX 75062
Helfman Ford
12220 SW Frwy
Stafford, TX 77477
Lone Star Chevrolet
8900 northwest Frwy
Houston, TX 77065
Sam Pack's Five Star Ford
635 1H 35E
Carrollton, TX 75006
Enterprise Car Sales
600 Corporate Park Dr.
St. Louis, MO 63105
Reliable Chevrolet
800 North Central Expressway
Richardson, TX 75080
Mac Haik Ford
7201SIH3
Georgetown, TX 78626
Azure Dynamics
9 Forbes Rd.
Woburn, MA 01801
Henna Chevrolet LP
8805 N I H 35
Austin, TX 78753
Tranum Country Ford
479 W US Hwy 79
Rockdale, TX 76567
International Trucks Of Houston
8900 N Loop E
Houston, TX 77029
Mears motor Leasing
3905 El Rey Rd
Orlando, FL 32808
Grapevine Dodge Chrysler Jeep
2601 William D Tate
Grapevine, TX 76051
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 14, 2011
Requested By: Patrice Fogarty
Department: Ci tyCP�erP ry
Report Resolution: X Ordinance
Appropriation
Source of Funds: N/A
Account Number: N/A
Exhibit: Resolution
Amount Budgeted: N/A
Amount Requested: N44
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
According to H - GACs bN-laws, the City is authorized to select one councilmember as a representative
and one as an alternate to the H -GAC General Assembly and Board of Directors. H -GACs bylaws
stipulate that the representative is also the General Assembly delegate; and as such, is also designated to
serve on H -GACs Board of Directors.
The 2012 designated representatives begin their terms of office the first of Januaiy.
The 2011 representative is Chuck Engelken, and the alternate is Jay Martin. Both have indicated they are
willing to serve again should council name them.
Action Required by Council:
Consider adopting this resolution appointing one representative and one alternate to the H -GAC 2012
General Assemblv and Board of Directors.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
1INKNO s ' 1 `v
�µ � � � � � e I t 3 Ems, ✓'
44 {
t�' 3 � i' d 1.. ( � r ( yP to ( ;s ,✓} ""�..
] r- _
4 p t
Section 1. That An following individuals be and are hereby selected as the
representative and alternate of the General Assembly of the Houston-Galveston Area
Council for the year 2012:
REP
Sect ion . h ere b y
H ouston-Galveston selected as the representative and alternate to the Board of Directors of the
fo
_. t!ti i • � •
L
Mayo
�r . JiOl
a As
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 14, 2011
Requested By Patrice Fogarty
Department: City tc cre ,
Report Resolution: X Ordinance:
Exhibits: Harris County Appraisal District Memo
Exhibits: Resolution and Certificate of Ballot
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The procedures for selecting members of the board of directors of the Harris County Appraisal
District are as follows: cities and towns other than the City of Houston appoint one member by
majority vote of their city council. The process for cities and towns involves two steps:
nomination and election. We are at the ELECTION stage.
On September 12, 2011, City Council nominated by Resolution Mr. Ed Heathcott to the Harris
County Appraisal District Board of Directors for a two -year term commencing January 1, 2012.
Before Council is a Resolution casting the City's ballot for the election of Mr. Heathcott. There
are no other candidates representing cities other than the City of Houston. This Resolution and
Certificate of Ballot must be sent to the Chief Appraiser of the HCAD no later than Monday,
December 19, 2011.
Should Council desire to cast their ballot for Ed Heathcott to the Harris County Appraisal
District Board of Directors, for a two -year term commencing January 1, 2012, staff recommends
Council adopt this Resolution, and, additionally, authorize the Mayor to sign and the City
Secretary to attest the Certificate of Ballot for Board of Directors for Harris County Appraisal
District.
Action Required by Council:
Consider adopting a resolution casting a ballot appointing Ed Heathcott to the Harris County
Appraisal District Board and authorize the Mayor to sign the Certificate of Ballot for Board of
Directors for Harris County Appraisal District, which the City Secretary will attest.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
RESOLUTION NO. 201'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, CASTING ITS BALLOT FOR THE ELECTION OF A PERSON
TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY;
APPRAISAL DISTNICT.
WHEREAS, the chief appraiser of the Harris County Appraisal District has
delivered to the Mayor of the City of La Porte the names of those persons duly
nominated as candidates to serve in that position on the board of directors of the Harris
County Appraisal District, representing and to be filled by the cities other than the City of
Houston, participating in said appraisal district; and
WHEREAS, the City of La Porte deems it appropriate and in the public interest to
cast its vote for the candidate of its choice to fill such position now, therefore
Section 1. That the facts and recitations set forth in the preamble of this
resolution be, and they are herby, adopted, ratified, and confirmed.
Section 2. That the City of La Porte does hereby cast its vote for Ed Heathcott,
to fill the position on the board of directors of the Harris County Appraisal District,
representing and to be filled by the cities, other than the City of Houston, participating in
the appraisal district.
Section 3. That the mayor be, and he is hereby, authorized and directed to
deliver or cause to be delivered an executed or certified copy of this resolution to the
chief appraiser of the Harris County Appraisal District no later than December 19, 201
i q pi�
M
zoo
ATTEST I APPROVED:
Clark T. Askins
Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: Tim Tietjens
Department: Planning
Report: X Resolution: Ordinance
Exhibits: FHAST GLO revision request
Exhibits: FHAST Form
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
As part of the Ilse recovery process, the Texas General Land Office (GLO) requires each city
eligible for funding to complete a Fair Housing Activity Statement (FHAST) in order to receive
continued funding. On June 27, 2011, Council authorized the submittal of information leading to
the preparation of the FHAST form and subsequently appointed a Fair Housing Committee
which met in order to prepare the required FHAST form. After submitting the FHAST to GLO
for approval, the city recently received a conditional approval subject to addition of three items.
The additional items are not necessarily required to be provided, but are items that the city may
consider providing in the future or work with other groups to provide. All other items in the
FHAST remain as prepared by the Fair Housing Committee for submittal.
The FHAST form is attached as well as the revision requested by the GLO. The FHAST form
must be submitted to GLO by December 9, 2011.
Action Required by Council:
Consider approval of the Fair Housing Activity Statement (FHAST) form and integrating the
three -item revision for submittal to General Land Office (GLO).
Approved for City Council Agenda
Steve Gillett, Interim City Manager Date
AMENDED ITEMS FOR CITY OF LA PORTE FHAST FORM
TEXAS GENERAL LAND OFFICE REVIEW LETTER
DATED OCTOBER 28, 2011
(revised language)
The information request states the City of La Porte should complete the following activities along with
the others outlined in its original FHAST submittal. The City offers the following responses as
amendments to its FHAST:
Impediment #6, Item #1:
Given the potential for increase in Fair Housing enforcement action by federal and state agencies and
private organizations, an ongoing fair housing testing program for areas that receive federal housing and
community development funds could be beneficial to protect state agencies and sub - recipients from
potential repayment. Fair housing enforcement is a valid use of CDBG funding and can be used to
establish testing programs by agencies trained in HUD testing procedures. The state, or local
jurisdictions combining together, should consider conducting tests in areas that include the following:
steering in sales and rental; the denial of and different terms and conditions based on race, national
origin, familial status, and disability in sales and rental; predatory and disparate terms and conditions in
lending and insurance; and foreclosure modification schemes targeting minority neighborhoods. The
state should also consider education to applicable entities on self - testing and self - correction.
® We do not have a testing program for Fair Housing violations and plan to establish one.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
Testing is a sophisticated activity. We will solicit testing from regional or statewide testing providers
in 2013.
Impediment #7, Item #3:
Local jurisdictions seeking CDBG Disaster Recovery funds from the state should consider offering
expedited permitting and review processes for affordable housing projects within high opportunity
target zones.
® We have not done so but will.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
Impediment #13, Item #1:
Local jurisdictions should consider establishing incentives for affordable housing applicants to create an
increased set -aside of housing units for persons with disabilities or persons who are elderly without
violating the existing TDHCA integrated housing rule.
® We have not undertaken the above review, but plan to do so.
When will you do this? ❑ 2011F ® 2013
Items 1(disability /elderly set -aside incentive) and 2 (proximity to medical facilities incentive) shall be
reviewed in 2013. item 3 is a state activity.
City of La Porte, Texas
Fair Housing Activity Statement — Texas
Recognizing that each jurisdiction is unique, this Fair Housing Activity
Statement - Texas is intended to be used in conjunction with the Analysis
of Impediments, Phase I as a form to help the applying jurisdictions
perform assessments of their impediments to fair housing choice, plan
actions to address identified impediments, and communicate their plans to
the State of Texas and HUD.
BEFORE beginning to fill out this form, each jurisdiction should;
(1) Participate in the regional FHAST Form training.
(2) Review the 2010 Texas Interim Al in detail;
(3) Gather relevant information (see instructions in Appendix A);
(4) Convene a FHAST Working Group to assess the data collected in #2 and fill
out the FHAST form (see instructions in Appendix A.)
Impediment #1 Protected classes may experience disparities in home mortgage lending
and high cost loans.
No local action is required at this time.
Impediment #2 There is inadequate information available to the real estate community,
governments and the public about fair housing requirements and
enforcement procedures.
No local action is required at this time.
Impediment #3 The public is not sufficiently aware of their Fair Housing rights and how to
obtain the assistance necessary to protect those rights.
1. Consistent with the Fair Housing Act, the State of Texas, and funded sub - recipients
should continue to promote and conduct events to celebrate April as Fair Housing
Month, and direct sub - recipients to do the same. These events can demonstrate
support for fair housing and build awareness.
® We will commit to undertake Fair Housing Month activities. (Check all that apply.)
® Passage of a resolution by our governing body.
® Activities in schools.
® Placing posters in public buildings.
❑ Governing body will hold a special hearing to solicit input from the community.
❑ Other. Please specify.
When will you undertake these activities? ❑ 20110 2012 ❑ 2013
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City of La Porte, Texas
2. Consistent with the Fair Housing Act, the State of Texas and funded sub - recipients
have historically conducted fair housing activities at various times of the year and
should continue to fund, depending on sufficient appropriations, or collaborate with
public and private agencies, organizations and groups to plan and conduct fair housing
activities.
® We will conduct/sponsor/fund in fair housing activities at various times of the year
other than "April as Fair Housing Month ". Attach a description of these activities
and identify the organizations and agencies you have worked with.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
City shall place ads, update posters, distribute Fair Housing literature at
city hall, library, and distribute at festivalstevents in English and Spanish.
Organizations shall be identified as part of the reporting of efforts to
implement the FHAST.
❑ Not Applicable. (Explain)
Impediment #4 "Not in my Backyard" (NIMBY) may be an impediment to fair housing in
Texas communities.
1. NIMBY opposition needs to be anticipated and planning and outreach should occur on
the front end of projects. To mitigate defensive and reactive responses, planning should
include strategies for education, outreach and marketing that provide accurate
information and promote the positive aspects and benefits of affordable housing to build
support among community residents.E
2. The Department of Housing and Urban Development (HUD) provides extensive
information about Fair Housing and examples at www.hud.goy Generally communities
should consider:
• Working with local officials, editorial boards, religious and civic organizations and
other community leaders to initiate education programs.
• Seeking opportunities to present information to community organizations by
requesting to be placed on their meeting agendas.
• Including a visit to the Group Home residence as part of an education program.
• Answering all questions.
• Talking with local neighborhood leaders, including elected representatives, and
setting up a neighborhood meeting.
• Setting up a liaison committee consisting of advocates, group residents, and
neighborhood residents to discuss issues.
• Identifying areas that meet AFFH targets where the community supports
development, has worked with community groups and potentially uses funds to
assist the development of multi - family affordable housing.
❑ We have developed an anti - NIMBYism action plan. [Attach a copy or description]
® We will develop an anti - NIMBYism action plan: Director of Planning is designatedto
complete this task.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
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City of La Porte, Texas
❑ Not Applicable. (Explain)
[1] "in the face of NIMBY attitudes grantees can adopt a stance that in essence goes along with them or strongly coon
ters such sentiments with positive actions to overcome them and allay fears and concerns with facts." HUD's Falr Hou
sing Guide: Volume 2, pg 7 -106.
Impediment #5 Certain governmental policies and practices may not meet current HUD
policy concerning affirmatively furthering fair housing. Jurisdictions should
act to ensure that their policies and procedures affirmatively further fair
housing, address mal- distribution of resources, and that they do not
unnecessarily impact housing choice.
1. As part of certifying that a community is affirmatively furthering fair housing,
jurisdictions that have long -term infrastructure plans should review them to determine if
the plan promotes racial concentrations or otherwise inadvertently results in disparate
treatment of members of protected classes. While not intended to direct a community
to hire a consultant, it is anticipated that a community will review its long -term
infrastructure plans as part of this recommended action. In reviewing the project list
(Appendix F of the Phase 1 Al), there are many projects that are listed as being of
community -wide benefit. The records do not indicate the actual location of projects or
provide adequate discussion of how the projects benefit the entire community.
® We have a long -term infrastructure plan and will review the plan to determine if it
promotes racial concentrations or otherwise inadvertently results in disparate treatment
of members of protected classes as it relates to the availability of housing.
When will you do this? ❑ 2011 ® 2012
® We have already collected information on the locations of protected populations
and have adequate information for insuring that new projects with "citywide
benefits" will not perpetuate illegal differences in treatment.
Our FHAST work group has reviewed a map (attached to this worksheet) of our
demographic profile which identified concentrations (65% or more) of
protected classes and areas with high (51% or more) low- to moderate- income
populations. Our 2010 census data indicates that approximately 38.46% of our
population are members of "non- Caucasian" minority races and ethnicity (see
table on last page of FHAST form), but these groups are fairly distributed
throughout our community. We will incorporate a review of this profile into all
municipal planning projects to ensure projects with citywide benefits do not
perpetuate illegal differences in treatment.
® We will use the information in Al to ensure that proposed projects do not
perpetuate illegal differences in treatment.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
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City of La Porte, Texas
2. As it has been determined under federal law that Fair Housing applies to all federal
housing and community development funds, to reduce "siloing" the fair housing
component into only housing - related programs, fair housing should be considered in all
activities for all local community planning staff.
❑ We have determined that consideration of Fair Housing implications has already
been incorporated into all aspects of planning in this jurisdiction.
® We will review and ensure that Fair Housing implications are addressed in all aspects
of planning in this jurisdiction in a manner consistent with the guidelines provided by
the state at the FHAST form training and maintain documentation of that review.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
❑ Not Applicable. (Explain)
3. It would be beneficial for local elected officials to require senior staff of any subrecipient
such as a city or county—including managers and attorneys —to receive available Fair
Housing training within the first 12 months of their employment or engagement.
❑ We have a policy in place providing for all senior staff – including managers and
attorneys – to receive Fair Housing training within their first 12 months on the job,
and for long -term senior staff to receive regular updated training. [Attach copy of
policy]
® We do not have such a policy and will develop and implement one.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
❑ Not Applicable. (Explain)
4. As part of what is usually a common initial training by the associations that provide
education opportunities for newly- appointed board members or newly- elected council
or commissioners court members of cities and counties, the state should request that
training include specific information on the Fair Housing Act —with a discussion of
affirmatively furthering fair housing obligations.
No local action is required at this time.
5. Local communities should consider limiting the concentration of infrastructure
improvements like wastewater treatment, solid waste disposal, or similar necessary but
not desirable infrastructure projects in residential areas where there are concentrations
of protected classes.
❑ We have an official policy that limits the concentration of certain infrastructure
improvements. [Attach a copy.]
❑ We have official policies and procedures that take the location of protected classes
into account when deciding where to locate undesirable infrastructure
improvements. [Attach a copy.)
Page 4 of 16
City of La Porte, Texas
® We do NOT have limits on the concentration of undesirable infrastructure
improvements or policies and procedures that take the residential location of
members of protected classes into account, but will develop formal limits or official
policies and procedures.
When will you do this? ❑2011 ®2012 ❑2013
❑ Not Applicable. (Explain)
6. Communities electing to provide publicly financed housing incentives should be
requested to call for recipients to engage in affirmative marketing.
❑ We have a policy requiring Affirmative Marketing Plans from developers seeking tax
abatements or other supports for new housing.
❑ We do not have such a policy and will develop and implement one.
When will you do this? ❑ 2011 ❑ 2012
® Not Applicable. (Explain)
Currently, there are no incentives being offered. We will consider a policy if
and when we offer incentives.
7. If a jurisdiction is a non - entitlement community, when working in LMI areas to replace
roads or other infrastructure, the jurisdiction should consider making application for
additional sources of funding to provide assistance to repair substandard housing
associated with the project (i.e., TDHCA or HUD.)
❑ We formally consider accessing supplementary funds when infrastructure proposals
are developed. [Attach policies.]
® We have not consistently done this in the past and we will develop a process to
formally consider making housing funding applications when funds for infrastructure
projects are sought.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
❑ Not Applicable. (Explain)
8. Most infrastructure projects take into account items like curb cuts, sidewalks, hearing
and visually impaired indicators at intersections. When approving non - federally funded
projects, similar special needs construction should be required for infrastructure
improvements. Projects should also address other legacy discrimination issues, such
as accessibility in public areas like courthouses, community centers and other high
traffic areas.
® We currently require that applications for non - federally- funded infrastructure projects
are ADA compliant and address other legacy discrimination issues.
Page 5 of 16
City of La Porte, Texas
❑ We do not have such a requirement. We will develop one.
When will you do this? ❑ 2011 ❑ 2012 ❑ 2013
❑ Not Applicable. (Explain)
9. Each jurisdiction applying for Community Development Block Grant funds or other
federal housing and community development funds should submit a Fair Housing
Activities Statement – Texas (FHAST) with their application, reviewing their
infrastructure needs and housing needs and how the proposed activity promotes fair
housing or results in more equitable treatment of protected classes. Projects with
community -wide benefits should be accompanied by explicit commitments on the part
of the local jurisdictions to undertake additional activities to affirmatively further fair
housing along with a monitoring and reporting process.
® We submit a FHAST form.
When will you begin to do this? [:12011 ® 2012
❑ Not Applicable. (Explain)
10. As part of the non - housing disaster recovery program, jurisdictions should consider low -
income areas and areas populated principally by members of protected classes to
determine the potential for flooding and consider making infrastructure expenditures to
help protect the impacted communities — including colonias.
® We have reviewed LMI areas and areas populated principally by members of
protected classes, and prioritized infrastructure expenditures to help protect the
impacted communities — including colonias.
Our FHAST work group has reviewed a map of previous DRS project locations
and a map of our demographic profile which identified areas with
concentrations (65% or more) of protected classes and areas with high (61% or
more) low- to moderate - income populations. Both maps are attached to this
worksheet. Our DRS project locations are citywide, but have not unequally
impacted protected classes and LMI populations. We will continue to prioritize
improvements to help protect impacted communities.
❑ We have not done this in the past but will conduct such a review and consider
these infrastructure projects in the future.
When will you do this? ❑ 2011 ❑ 2012
❑ Not Applicable. (Explain)
11, if applicable, all policies should be reviewed regarding denying applicants' access to
disaster recovery CDBG funds if their residence is located in the flood plain. If the
policy does not allow participation by restricting building in flood plains, then the policy
should be assessed to see if alternative housing programs could be implemented for
the residents. Local jurisdictions should analyze the results and see if protected
classes are more frequently harmed by flood plain restrictions. This action does not
apply to the GLO CDBG Disaster Relief Fund that limits property purchase "unless
Page 6 of 16
City of La Porte, Texas
TXCDBG receives satisfactory evidence that the property to be purchased was not
constructed or purchased by the current owner after the property site location was
officially mapped and included in a designated flood plain."
® We have completed this review and analysis and will take action on our findings.
There are no such policies denying assistance to persons in the flood plain.
❑ We have not completed this review and analysis. We will do so and take appropriate
actions based on our findings for Round 2 programs.
When will you do this? ❑ 2011 ❑ 2012
❑ Not Applicable. (Explain)
12. When an entire community is in a flood plain, the community should establish clear
standards that allow for proper elevation or relocation, and that also allows for
visitability /special needs considerations consistent with state [2) and federal law.
❑ We have established clear standards that allow for proper elevation of homes or for
relocation, and also allow for visitability /special needs considerations consistent with
state and federal law. [Attach documentation.]
❑ We have not developed these standards but will do so for Round 2 programs.
When will you do this? ❑2011 ❑ 2012
® Not Applicable (Explain)
Only a portion of the city is in the flood plain. The City will coordinate with
Harris County, which manages the DRS Housing Program, to ensure
visitability /special needs considerations are consistent with state and federal
law.
[2] Texas Government Code Section 2306.514
13. Local jurisdictions that accommodated the relocation of disaster survivors resulting in
concentrations of protected class survivors in specific areas should establish Moving to
Opportunity Programs and include renters in their Moving to Opportunity Programs as
defined under Round 2.
❑ This action step applies to our jurisdiction. We will establish a Moving to
Opportunity Program for disaster survivors as part of our Round 2 housing
recovery program.
When will you do this? ❑ 2011 ❑ 2012
® Not Applicable (Explain)
The City will coordinate with Harris County, which manages the DRS Housing
Program, to assist where possible with their Moving to Opportunity Programs.
Page 7 of 16
City of La Porte, Texas
14. Consistent with the process established in the conciliation agreement, local
jurisdictions and state agencies should work together to determine a demographic and
economic profile of victims of the natural disaster and establish goals for assisting
these populations in no less that the proportions they were impacted by the disaster.
These goals should be performance goals and disaster recovery funds should be
extended incrementally in a manner to ensure that these populations are equitably
assisted with benefits.
® We will cooperate with state agencies to carry out this action step.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
15. All infrastructure programs funded with disaster recovery funds should be designed so
that any publicly accessible infrastructure projects and associated facilities are fully
accessible to persons with disabilities.
❑ We have established clear policies and procedures to ensure that all
infrastructure programs funded with disaster recovery funds will be designed so
that any publicly accessible infrastructure projects and associated facilities are
fully accessible to persons with disabilities. [Attach documentation.]
® We have not developed these standards and policies; we will do so for Round 2
infrastructure projects. The person or entity responsible for developing these
standards will be the Director of Planning.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
❑ Not Applicable. (Explain)
16. Consistent with the Conciliation Agreement, family and elderly public housing units
damaged or destroyed by the disaster should be reconstructed or repaired in a manner
that affirmatively furthers fair housing utilizing disaster recovery funds within 24 months
of approval of the initial application for disaster recovery assistance for the local
jurisdiction.
❑ We affirm that family and elderly public housing units damaged or destroyed by
the disaster will be reconstructed or repaired in a manner that affirmatively
furthers fair housing utilizing disaster recovery funds within 24 months of
submission of the initial application for disaster recovery assistance by the local
jurisdiction.
® Not Applicable (Explain)
There are no public housing units in the city.
Impediment #6 Governmental entities at all levels do not appear to have been proactive
in the enforcement of both the Fair Housing Act and the obligation to
affirmatively further fair housing. The State and sub recipients should
implement a robust and effective structure for identifying and pursuing
suspected violations.
Page 8 of 16
City of La Porte, Texas
Given the potential for increase in Fair Housing enforcement action by federal and state
agencies and private organizations, an ongoing fair housing testing program for areas
that receive federal housing and community development funds could be beneficial to
protect state agencies and sub - recipients from potential repayment. Fair housing
enforcement is a valid use of CDBG funding and can be used to establish testing
programs by agencies trained in HUD testing procedures. The state, or local
jurisdictions combining together, should consider conducting tests in areas that include
the following. steering in sales and rental; the denial of and different terms and
conditions based on race, national origin, familial status, and disability in sales and
rental; predatory and disparate terms and conditions in lending and insurance; and
foreclosure modification schemes targeting minority neighborhoods. The state should
also consider education to applicable entities on self - testing and self - correction.
❑ We currently have a testing program for Fair Housing violations. For more
information.
® We do not have a testing program for Fair Housing violations and plan to establish
one.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
❑ Not Applicable. (Explain)
Testing is a sophisticated activity. We will solicit testing from regional or
statewide testing providers in 2013.
2. TDHCA should, as a pilot program, allocate funds to independent third parties or a
combined jurisdiction team identified in point 1 of this section to provide similar testing to
determine if additional enforcement is necessary.
No local action is required at this time.
3. Impacted agencies that provide certification that they are affirmatively furthering fair
housing as required by federal law, should consider publishing a public document on
enforcement that provides the public and communities with a clear description (and
chart) of the state and Federal Fair Housing Act.
® On documents concerning housing and community development programs that
are provided to the public, we will list fair housing enforcement contacts and
procedures consistent with the State suggested language when it is provided in
2011.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
4. Each community should place on its website (if one is available) the contact, at the local,
state, and federal levels, for reporting a Fair Housing complaint, if citizens believe they
were victims of housing discrimination.
❑ We have published the contact information — at the local, state and federal levels —
for reporting a Fair Housing complaint. [Attach a copy or URL]
Page 9 of 16
City of La Porte, Texas
® We have not done so but will do so.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
5. Each local jurisdiction should publish on its website a clear statement, approved jointly
by TDHCA, expressing the jurisdiction's obligation to affirmatively further fair housing
and providing a method for reporting suspected noncompliance to the state and to
HUD. The jurisdiction's contact person should be able to refer to clear local Fair
Housing procedures for the complaint process, keep logs and records of all inquiries,
allegations, complaints and referrals. These reports should be sent to the appropriate
funding agency. Where these reports show that a jurisdiction has administered
programs inconsistently with the Al and had the effect of discouraging applications from
members of protected classes who are deemed eligible under the plan for assistance,
affirmative marketing plans should be developed and submitted to the appropriate
agency.
❑ We have published a policy statement expressing our jurisdiction's obligation to
Affirmatively Further Fair Housing. [Attach a copy or URL.j
® We will publish a policy statement consistent with the language the State
provides in 2011.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
❑ We have developed clear procedures for the Fair Housing complaint process.
® We will develop clear procedures for the Fair Housing complaint process once more
guidance in given by the State in 2011.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
❑ We keep complete logs and records of all Fair Housing inquiries, allegations,
complaints and referrals and have a policy statement about these legal records.
® We will begin keeping required logs and records.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
❑ We have remedial procedures for developers, landlords, home sellers and others
whose actions may be inconsistent with Fair Housing laws and regulations.
® We do not have remedial procedures but will develop them. The agency or person who
will be responsible for developing these procedures is the Director of Planning.
Page 10 of 16
City of La Porte, Texas
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
For remedial procedures, we will consider a Fair Housing ordinance when the
State provides a model ordinance.
Impediment #7 Many local jurisdictions have zoning codes, land use controls, and
administrative practices that may impede fair housing choice and fail to
affirmatively further fair housing.
1. The law anticipates that ordinances creating disparate impact should also be reviewed
for change. If a disparate impact is determined to exist by the local jurisdiction, it could
repeal or amend the restriction, use public funds to offset the cost through homebuyer
assistance programs, or waive fees or other offsets to make the home more affordable.
❑ We recently conducted or updated a Fair Housing Review of our ordinances and
codes.
❑ We have not done so but will conduct a review
❑ We have a policy statement/guidance for those responsible for developing
codes /ordinances that reminds them to consider and document the Fair
Housing /AFFH implications of any new rule.
® We do not have such a policy /guidance but will develop one when suggested
guidelines are provided by the State in 2011.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
2. To help limit concentrations that could be considered impediments to affirmatively
furthering fair housing, jurisdictions that have long term planning documents for
housing growth or redevelopment, or revitalization plans, should consider allowing or
encouraging mixed income affordable housing in the plan and provide incentives for
development of this type of housing in areas that are not concentrated.
❑ We recently conducted a Fair Housing Review and took/are taking appropriate
action concerning our planning documents.
® We have not done so but will conduct a Fair Housing Review after the State
provides suggested guidelines in 2011.
When will you do this? ❑ 2011 ® 2092
❑ Not Applicable. (Explain)
❑ We have identified residential areas that show concentrations or underrepresentation
of protected groups, and we encourage mixed - income affordable housing and other
strategies to widen housing choice throughout our jurisdiction.
PM I
Page 11 of 16
City of La Porte, Texas
® We have not done so but will include this in our MAST plan once guidelines are
provided by the State in 2011.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
[:)Not Applicable. (Explain)
3. Local jurisdictions seeking CDBG Disaster Recovery funds from the state should
consider offering expedited permitting and review processes for affordable housing
projects within high opportunity target zones.
❑ We currently offer incentives to developers to locate affordable housing projects in
high opportunity neighborhoods and prevent overconcentration.
❑ We have not done so but will.
When will you do this? ❑ 2011 ❑ 2012 ❑ 2013
® Not Applicable (Explain)
The City is not undertaking any DRS housing activities but will cooperate with
Harris County, which is administering these activities, and will expedite
permitting and review processes,
Impediment #8 Inadequate planning for re- housing after an emergency situation creates
a situation where persons who are uninsured or under - insured, low
income, or special needs can be displaced for long periods of time.
1. Some legislators, the Sunset Commission, and communities acknowledge that while
temporary disaster housing is a federal program, Texas should continue to provide
guidance to local governments on additional planning that needs to be done as part of
the emergency preparedness planning to most efficiently work with FEMA.
No local action is required at this time.
2. As much of what FEMA has previously offered is travel trailers or manufactured
housing, local governments should review their zoning requirements or other land use
provisions that restrict temporary housing or housing on an existing lot during the
building process and look at potential waivers that do not risk or negatively impact
health, safety, and welfare during a period after disasters so that low income persons
can move back to their existing communities with temporary housing while waiting for
redevelopment.
® We have reviewed our zoning requirements and other land use provisions and have
provided waivers or other accommodations for post - disaster mousing.
❑ We have not done so but will review our zoning and look at potential waivers.
When will you do this? ❑ 2011 ❑ 2012 ❑ 2013
❑ Not Applicable. (Explain)
Page 12 of 16
City of La Porte, Texas
Impediment #9 There are impediments in public and private actions and private attitudes
to housing choice for persons with disabilities.
1. To meet federal Fair Housing requirements for zoning and neighborhood uses,
jurisdictions should look to determine if there are direct or indirect limitations in
codes that would prevent facilities or personal residences from providing assistance
or communities of choice or service - enriched environments that directly impact
special needs persons.
2. Local jurisdictions should work to ensure that zoning or code requirements do not
unnecessarily impose stricter commercial building requirements, such as
emergency access or protection services, on group homes, thereby dramatically
increasing housing costs for persons with special needs.
❑ We have reviewed our codes and ordinances and have addressedlare
addressing any impediments relating to special needs persons, including (1)
rules that might prevent facilities or personal residences from providing
assistance or communities of choice or service - enriched environments that
directly impact special needs persons, and (2) rules that might unfairly increase
the costs to special needs persons.
® We have not done so but will conduct a review and address any impediments
identified once guidelines are provided by the State in 2011.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
3. Local jurisdictions should consider coordinating with the legislatively created
Housing and Health Services Coordination Council for best practices on working
with supportive services.
® We agree to coordinate with the legislatively created Housing and Health Services
Coordination Council for best practices on working with supportive services.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
❑ Not Applicable. (Explain)
lmpediment #10 There are barriers to mobility and free housing choice for Housing Choice
Voucher holders including: inadequate tenant counseling services and
mobility assistance, failure of PHAs to apply for the FMR pilot
demonstration funds, and government policies, procedures, and
regulations that tend to decrease participation by private housing
providers and to restrict available housing to "racially or low- income
populated neighborhoods" with little access to economic, educational, or
other opportunity.
No local action beyond compliance with Round 2 Housing Guidelines is
currently required but communities are encouraged to work with local
Page 13 of 16
City of La Porte, Texas
public housing authorities to understand and overcome these
impediments.
Im ediment #11 Loss of housing stock in Hurricanes Dolly and Ike compounded the
shortage of affordable housing in disaster recovery areas. This shortage
is particularly acute in safe, low - poverty neighborhoods with access to
standard public services, job opportunities and good schools.
No local action is required at this time. TDHCA will develop a statewide
strategic plan including guidance for local jurisdictions on the following
Action Steps in 2011.
1. To help offset the costs of developments that feature reduced rents without
government support, local jurisdictions should consider establishing density
bonuses to allow for higher levels of units per site for multifamily developments and
single - family developments that propose increased affordability.
2. TDHCA and HUD have developed programs that preserve affordable housing.
Continuing in this vein, the state and local jurisdictions should work to preserve
existing affordable housing development and discourage them from converting to
market rate housing. Requirements should be included in all publicly funded
developments providing tenants with early and clear notification of the intention of
management to convert to market rate housing and providing first right of refusal to
nonprofit and public entities and organizations to purchase units to maintain
affordability.
3. The state and local jurisdictions should consider using CDBG funds to buy down
the cost of land in high -cost and high - opportunity development areas to increase
affordable housing options in these areas.
Impediment #12 Lack of financial resources for both individuals and housing providers
limits l=air Housing choice. Using an effective program under Section 3 of
the Housing and Urban Development Act of 1968 may help members of
protected classes gain economic opportunities necessary to allow them to
exercise fair hou choice.
1. The state is maximizing its resources in Round 2 of the Ike /Dolly funding to
affirmatively further fair housing in single family and multi - family developments. As
called for in the Conciliation Agreement, the state is looking to provide more
integrated housing options for persons in racially concentrated or poverty
concentrated neighborhood groups. In single - family programs, the state should
require subreciplents to offer the opportunity to relocate out of floodplain areas,
concentrations of racial minorities, or concentrations of poverty — through the
Homeowner Opportunity Program. Any relocation should be into an area that does
not result in simply relocating the high - concentration from one area to another.
Local jurisdictions will be responsible for complying with Section 3 as part of their
contract with the state.
2. Jurisdictions receiving federal funds from HUD, directly or indirectly, should ensure
they have a compliant Section 3 program to meet HUD requirements regarding
Page 14 of 16
City of La Porte, Texas
notification to LMI eligible persons of potential job creation at the impacted
neighborhood level with federal funds.
❑ We have in place a Section 3 program that meets the requirements of federal law
and regulations regarding potential job creation at the impacted neighborhood
level and the use of federal funds to hire local LMI eligible persons. We confirm
that appropriate staff persons in this jurisdiction have already received training on
Section 3, regarding job creation for local LMI persons including members of
protected classes. [Attach Section 3 plan and list of staff names and training
dates]
® We have not done so but will develop a Section 3 program that meets the
requirements of federal law and regulations and that ensure appropriate staff
receive training.
When will you do this? ❑ 2011 ® 2012
Im ediment #13 Location and lack of housing accessibility and visitability standards within
political jurisdictions limits fair housing choices for persons with disabilities.
1. Local jurisdictions should consider establishing incentives for affordable housing
applicants to create an increased set -aside of housing units for persons with disabilities
or persons who are elderly without violating the existing TDHCA integrated housing rule.
2. TDHCA and local jurisdictions should consider adding proximity to medical facilities as a
scoring incentive for competitive programs using federal funds for proximity to medical
facilities.
3. TDHCA should require that all federally funded housing construction be built to
accessibility standards found in Texas Government Code §2306.514.
❑ We have formally considered: 1) establishing incentives for affordable housing
developers to create an increased set -aside of housing units for persons with
disabilities or persons who are elderly without violating the existing TDHCA
Integrated Housing Rule; 2) providing point incentives for units in proximity to
medical facilities for competitive programs using federal funds; and 3) requiring new
housing built with federal funds to be built with structures that allow for accessible
features, regardless of whether the original occupant needs the features, as called
for by state law. [Attach documentation of the review and resulting actions.]
® We have not undertaken the above review, but plan to do so.
When will you do this? ❑ 2011 ❑ 2012 ® 2013
❑ Not Applicable (Explain)
Items 1 (disability /elderly set -aside incentive) and 2 (proximity to medical facilities
incentive) shall be reviewed in 2013. Item 3 is a state activity.
Page 15 of 16
City of La Porte, Texas
Impediment #14 Many colonias residents live in developments that have insufficient
infrastructure and protections against flooding and are impacted by
flooding beyond events like Hurricanes Dolly and Ike.
1. The state, COGs, and local jurisdictions should examine the infrastructure needs in
colonias, in particular the use of CDBG disaster recovery funds to provide drainage
improvements to correct flooding problems in the wake of Hurricane Dolly, and the
historical provision of public infrastructure and housing assistance to meet those needs
in border and non - border colonias.
❑ We have identified the unserved infrastructure needs of colonias within our
jurisdiction and whether these infrastructure improvements are eligible for
disaster recovery funding and, if so, whether those projects will be funded.
❑ We have not undertaken the above review, but plan to do so.
When will you do this? ❑ 2011 ❑ 2012
® Not Applicable (Explain)
There are no colonias in our jurisdiction.
Impediment #15 Minority neighborhoods in disaster areas are primarily served by non -
regulated insurance companies that do not adhere to underwriting
guidelines and may be discriminated against in the provision of
insurance. Texas has passed aggressive statues to prevent insurance
"redlining.° National research indicates that protected classes face
unwarranted disparities in the cost of insurance, the amount of coverage,
and cancellation of policies without notice to the homeowner.
No local action is required at this time.
Impediment #16 Many jurisdictions do not have adequate Analysis of Impediments to Fair
Housing or Fair Housing Plans, and do not keep sufficient records of
their activities.
1. Recipients of CDBG funds from HUD for housing should maintain records as required
by the Fair Housing Act, HUD regulations, and the Conciliation Agreement in order to
document that they are carrying out their commitments and affirmatively furthering fair
housing.
❑ We currently maintain all required records to document our AFFH actions and
compliance with Fair Housing laws, HUD and State regulations, and the
Conciliation Agreement. [Attach details of the records now kept and identify the
person or entity responsible for keeping these records.]
® We have not done so but will do so in compliance with GLO guidance.
When will you do this? ❑ 2011 ® 2012 ❑ 2013
❑ Not Applicable. (Explain)
Page 16 of 16
City of La Porte, Texas
2. As required under the Conciliation Agreement, the State will conduct a new Statewide
Al after HUD approval of the Phase 1 Al. Entitlement communities should conduct new
Als or update current Als to ensure that they address all recommended data and
issues and specifically address issues related to all protected classes under the Fair
Housing Act. Race and national origin, as well as the other protected classes, must be
identified independent of low and moderate - income categories in order to understand
the impact of actions, practices, regulations, ordinances, and other factors on them.
❑ We recently completed a formal Analysis of Impediments, are currently updating
an existing Al, or are conducting our first Al. [Attach most recent Al or draft.]
® We are using the FHAST form process to analyze our impediments to fair
housing and plan how to address them.
When will you do this? ❑ 2011 ® 2012
❑ Not Applicable. (Explain)
Alternative or additional Local Action Steps developed by this jurisdiction To address
unique impediments to fair housing within each community, local jurisdictions are encouraged to
develop alternative action steps to be adopted in lieu of or in addition to those set out in the
State of Texas Interim Analysis of Impediments to fair housing. If your jurisdiction elects to
propose alternative or additional action steps, please describe them below.
® We plan to take additional Action Steps, described in an Attachment.
❑ We are using the FHAST form process to analyze our impediments to fair
housing and plan how to address them.
When will you do this? ❑ 2011 ❑ 2012 ❑ 2013
The City will work with other Harris County cities on a regional fair housing
initiative. The City will work with Section 8 Voucher administrators to
encourage use in the city. The City will review the Harris County AI to address
identified impediments.
Page 17 of 16
City of La Porte, Texas
2010 US Census Table, DP -1, Profile of General Population
HISPANIC OR LATINO AND RACE
La PORTE
Total population
33,800
100.0
Hispanic or Latino
9,932
29.4
White alone
6,261
18.5
Black or African American alone
97
0.3
American Indian and Alaska Native alone
72
0.2
Asian alone
24
0.1
Native Hawaiian and Other Pacific Islander alone
7
0.0
Some Other Race alone
3,044
9.0
Two or More Races
427
1.3
Not Hispanic or Latino
23,868
70.6
White alone
20,802
61.5
Black or African American alone
2,003
5.9
American Indian and Alaska Native alone
139
0.4
Asian alone
387
1.1
Native Hawaiian and Other Pacific Islander alone
30
0.1
Some Other Race alone
39
0.1
Two or More Races
468
1.4
All Others excluding White alone = 12,998 persons or 38.46% of total population.
Page 18 of 16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: Rav Nolen
Department: EMS
Report: Resolution: Ordinance X
Exhibits: Ordinance
Exhibits: Conv of Contract
Exhibits: Exhibit A - Map
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The existing service contract for EMS services with the Association of Bayport Companies
expired on September 30, 2011 and has resorted to a month to month pending renewal. This
service contract has worked well for the provision of emergency medical services in the past and
staff would like to continue the service by renewing the contract between the City of La Porte
EMS and the Association of Bayport Companies to provide Emergency Medical Service for a
period of thirty -six (36) months, which is expanded from the current one year term.
The attached 2011 -14 contract is calculated at a rate of $26.86 per employee, per year. This is an
increase of $4.10 per employee over the previous period's negotiated rate mostly due to the cost
of adding a third ambulance. The total agreement amount invoiced will be based on an Average
Daily Population at each company.
2009 -10 Revenues — Actual $102,039.00 / Calls - 66
2010 -11 Revenues — Actual $104,900.84 / Calls - 79
2011 -12 Revenues — Projected $110,000.00
Attached is an ordinance authorizing the Interim City Manager to execute a contract retroactive
to October 1, 2011 with the Association of Bayport Companies for Emergency Medical Service
in the Bayport Industrial Area. The contract will expire on September 30, 2014.
Staff recommends authorizing the Interim City Manager to execute the submitted contract for
providing Emergency Medical Service to the Association of Bayport Companies.
Action Required by Council:
Approve an Ordinance authorizing the Interim City Manager to execute a contract with the
Association of Bayport Companies for the City of La Porte EMS.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
ORDINANCE NO.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THEE
CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY MEDICAL SERVICES, MAILING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH TIRE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HRERE'OF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby approves and authorizes the
agreements, 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 Interim City Manager is hereby authorized to execute such
documents 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 of the City of La Porte 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
ORDINANCE NO.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED, this 14th day of November, 2011.
CITY OF LA PORTE, TEXAS
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
Louis R. Rigby
Mayor
CONTRACT
STATE OF TEXAS
COUNTY OF HARRIS '
THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a
municipal corporation, of Harris County, Texas, hereinafter referred to as "LA PORTE'; and the
ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas non -profit corporation, hereinafter
referred to as "A.B.C. ",
WITNESETH
WHEREAS, A.B.0 is in need of certain Emergency Medical Services for the benefit of the
people at its Service Area, as outlined on the map attached hereto as Exhibit "A ", SAVE AND
EXCEPT any area shown on Exhibit "A ", which has been annexed by a city other than LA PORTE,
unless LA PORTE has an interlocal agreement for Emergency Medical Service with any other such
city; and
WHEREAS, LA PORTE is able and willing to provide said governmental services to A.B.C.,
upon the terms, conditions, and covenants herein contained:
I.
GENERAL PROVISIONS
For and during the year beginning on the 1 st day of October, 2011, and ending on the 30th day
of September, 2014, LA PORTE agrees to furnish to A.B.C., the emergency medical services
hereinafter more specifically described. This agreement shall remain in effect after September 30,
2014, until cancelled by either party hereto giving ninety (90) days written notice to the other party.
F1 I
For and in consideration of the emergency medical services to be provided by LA PORTE,
A.B.C. agrees to pay LA PORTE the sum of Twenty Six Dollars & Eighty Six Cents ($26.86) per on-
site employee of the ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised
within the Service Area, per year. Such payment shall be made annually before the 1 st day of October
of each year of the contract period. The employee count, which A.B.C. represents to LA PORTE to
be approximately between Five Thousand (5,000) and Six Thousand (6,000) on an annual basis, shall
be based upon the number of full. -time equivalent, on -site employees and shall include the number of
recurring - contract workers (such as maintenance contracts that are used for scheduled plant
maintenance). The number of covered personnel is to be by each ffidi plant within the
Service Area and furnished by A.B.C. for the computation of the annual fee, which shall occur on or
before October 1, 2011. A.B.C. shall furnish to LA PORTE said census count furnished to them
during the month of September during each year of this contract.
A-B.C. shall immediately notify LA PORTE of the addition of any new company to its
membership, and the employee count, as herein defined, of such new member company.
A member company of A-B.C. which is in default of its payments to A.B.C. and LA PORTE
hereunder, shall be subject to a "Non - Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS
response as provided in LA PORTE's Emergency Medical Service Fee Ordinance,
11
LA PORTE agrees to provide emergency medical services at A.B.C.'s Service Area. LA
PORTE shall transport patients to one of the nearest hospitals providing emergency services that is
defined by the "Transport Policy" of the City of La Porte Emergency Medical Services. LA PORTE
shall be permitted to charge, to each patient, its most current and customary Emergency Medical
Service charges as adopted by City Council.
I "T
Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his
duly authorized assistants, as to the personnel and equipment that will answer each emergency medical
services request, provided, emergency medical services protection will be adequate (meaning
reasonable protection, considering available personnel and equipment of LA PORTE's Emergency
Medical Services) and dispatch of personnel and equipment to provide emergency medical services
within the corporate limits of the City of La Porte.
V.
COMPLIANCE WITH LAW AND ORDINANCES
LA PORTE agrees to operate the ambulances in accordance with the requirements of State
and Federal law, and applicable municipal or county ordinances, as the same now exist, and as may be
amended from time to time hereafter.
VI.
LIABILITY INSURANCE
During the term of this Contract and any extension thereof LA PORTE shall purchase and
keep in full force and effect, public liability insurance on each of its ambulance units, and professional
liability insurance (malpractice insurance) on each of its employees administering patient care, with
minimum limits of $100,000.00 for each single occurrence for injury to or destruction of property;
$100,000.00 for each person, and $300,000.00 for each accident. LA PORTE shall keep and maintain
Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability
insurance on the ambulances, with at least maximum limits of $100,000.00 for each single occurrence
for injury to or destruction of property; $100,000.00 for each person; $300,000.00 for each single
occurrence t0r bodily m}ury o�a��an wun d and. underinsure mo orls s coverage providing at
least $100,000.00 for each person, and $300,000.00 for each single occurrence for bodily injury or
death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess
of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq, of the Texas Civil
Practice and Remedies Code, in cases where said Act is applicable. LA PORTE shall file certificates of
insurance coverage with A.B.C. during the terms of this Contract and any extension thereof, On all
said insurance policies, A.B.C. shall be named as an additional insured.
VII.
REVOCATION OF CONTRACT
Either A.B.C. or LA PORTE may cancel this Contract, without cause, after giving at least
ninety (90) days written notice to the non - canceling party. Such notice shall be sent by LA PORTE to
A-B.C. at Post Office Box 691, LaPorte, Texas 77572 -0691. Such notice shall be sent by A.B.C. to
LA PORTE at 604 West Fairmont Parkway, La Porte, Texas 77571.
11
TERM
This Contract shall become effective at 12 :00 A.M. Central Time, on the 1st day of October,
2011, and shall remain in full force and effect until the 30th day of September, 2014, unless otherwise
cancelled as provided in paragraph VII above. This Contract is entered into subject to the Charter and
Ordinances of the City of LaPorte, and all applicable state and federal laws.
►®
This Contract constitutes the entire agreement between the parties and supersedes all prior
contemporaneous communications or agreements, written or oral. This Contract may be amended
only by a written instrument signed by all parties.
This Contract shall be governed by and construed in accordance with the laws of the State of
Texas.
EXECUTED IN DUPLICATE ORIGINALS, as of this the day of 1 2011.
CITY OF LA PORTE
By:
Steve Gillett
Interim City Manager
ATTEST:
Patrice Fogarty
City Secretary
AT ST:
Colleen Hicks,
Secretary
ASSOCIATION OF BAYPORT
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 14, 2011
Requested By: Julian Garza
Department: Planning
Report: X Resolution: _Ordinance:
Exhibit: Unit Bid Tabulation
Appropriation
Source of Funds GEN 957
Account Number: 050- 9892 - 957 -1100
Amount Budgeted: 5500,000.00
Amount Requested: 5491,377.27
Budgeted Item: X YES _NO
SUMMARY
Advertised, sealed bid number 12006 — East Main Street Drainage Improvements bids were opened and
read on November 1, 2011. The City received bids from six (6) vendors. The low bid was submitted by
Paskev, Inc. in the amount of $467,97835. The project consists of regrading ditches and resetting
culverts from Brownell to N. Lobit and installation of a box culvert from N. Lobit to Bob's Gully along
East Main Street.
Staff recommends award of contract in the amount of $467,97835 to the low bidder, Paskev, Inc. Staff
also recommends authorizing a 5% contingency equal to $23,398.91 for a total authorized amount
requested of $491,377.27.
Project Benefits, Liabilities and Annual Operation Cost
The proposed storm sewer improvements will improve storm water conveyance for a service area of
approximately 49 acres located between Barbours Cut Boulevard and East Main Street. There are no
liabilities or annual operating costs associated with these projects at this time.
Action Required by Council:
Authorize the Interim City Manager to enter into contract with Paskev, Inc. in the amount of $467,97835
and further authorizing a 5% contingency of $23,398.91 for a total amount of $491377.27 for construction
of East Main Street Drainage Improvements.
Approved for City Council Agenda
Steve Gillett, Interim City Manager Date
BID TABULATION #12006 - EAST MAIN STREET DRAINAGE IMPROVEMENTS
ITEM DESCRIPTION
UNIT
QTY
PASKEY INC
ANGEL
BROTHERS
MARCON
SERVICES
MATULA & MATULA
CONSTRUCTION
AR TURNKEE
CONSTRUCTION
TRIPLE B SERVICES
Section A
1. Mobilization
LS
1
$9,000.00
$14,000.00
$74,437.00
$23,520.00
$30,000.00
$20,000.00
2. Site Restoration
LS
1
$1,605.00
$11,000.00
$2,425.50
$3,528.00
$9,025.00
$2,500.00
3. Ditch regrading
LF
1450
$3.07
$4.00
$8.70
$5.70
$2.50
$20.00
4. 18" RCP
LF
140
$25.32
$41.00
$54.10
$32.80
$56.50
$90.00
5. 24" RCP
LF
127
$29.96
$64.00
$56.10
$43.90
$65.00
$100.00
6. 48" RCP
LF
244
$73.88
$95.00
$101.10
$88.50
$130.00
$195.00
7. 5'X 4' RCP
LF
285
$179.24
$180.00
$197.30
$189.50
$292.50
$280.00
8. 6'X 4' RCP
LF
1216
$196.38
$203.00
$210.50
$204.30
$360.00
$325.00
9. Type "E" Inlet
EA
1
$3,219.70
$2,600.00
$3,524.40
$2,820.00
$3,800.00
$5,500.00
10. Type I Junction Box w /type "E" inlet top
EA
6
$4,939.00
$5,100.00
$5,443.90
$5,800.50
$5,100.00
$8,500.00
11. Concrete Headwall @Outfall
EA
1
$7,470.00
$9,500.00
$7,843.00
$4,877.50
$5,600.00
$15,000.00
12. Remove & Dispose of 15" X 30" RCP
LF
133
$1.97
$6.00
$8.40
$17.50
$10.00
$25.00
13. Remove & Replace Asphalt Pavement per
Detail
SF
1300
$4.59
$7.50
$9.70
$8.00
$4.00
$22.50
14. Remove & Replace Existing Asphalt Driveway
SF
220
$4.59
$7.50
$6.60
$8.00
$4.00
$45.00
15. 2" PVC Waterline Offset
EA
1
$1,139.00
$350.00
$522.60
$834.80
$1,050.00
$4,000.00
16. 3" PVC Waterline Offset
EA
1
$1,368.00
$500.00
$550.10
$852.50
$1,050.00
$4,100.00
17. 6" PVC Waterline Offset
EA
2
$2,845.00
$1,300.00
$1,442.40
$1,869.70
$1,100.00
$4,500.00
18. 8" PVC Waterline Offset
EA
2
$3,295.00
$1,500.00
$1,442.40
$2,104.90
$1,150.00
$5,000.00
19. 2" pvc Sanitary Sewer Offset
EA
1
$913.00
$325.00
$572.00
$834.80
$850.00
$2,500.00
20. Traffic Control
EA
1
$1,717.00
$1,500.00
$1,650.00
$4,656.30
$4,000.00
$10,000.00
21. Hydro -Mulch Seeding
ACRE
1
$1,288.00
$1,500.00
$1,100.00
$1,802.60
$2,000.00
$1,500.00
22. Concrete Rip -Rap @ Outfall (Bob's Gulley)
SY
100
$40.30
$51.00
$42.00
$53.90
$40.00
$60.00
23. Storm water Pollution Prevention Measures
(BMP)
LS
1
$707.00
$4,700.00
$1,870.00
$5,292.00
$2,500.00
$10,000.00
24. Wet Sand Construction
LF
500
$0.33
$0.10
$1.10
$21.70
$10.00
$20.00
25. Well Pointing
LF
500
99
$0.10
$1.10
$33.60
$10.00
$20.00
Sub Total Section "A°
E$4010978.93
$440,569.00
$517,587.40
$481,760.80
$689,017.50
$790,455.00
ITEM DESCRIPTION
UNIT
QTY
PASKEY INC
ANGEL
BROTHERS
MARCON
SERVICES
MATULA & MATULA
CONSTRUCTION
AR TURNKEE
CONSTRUCTION
TRIPLE B SERVICES
Section B - Drainage Improvements (Alt)
1. Ditch regrading
LF
1170
$3.07
$14.50
$8.70
$5.70
$2.50
$20.00
2. 24" RCP
LF
132
$30.74
$47.00
$55.30
$41.20
$56.00
$100.00
3. 30" RCP
LF
211
$38.45
$61.00
$66.40
$53.20
$65.00
$115.00
4. Remove & Dispose of 15" - 30" RCP
LF
297
$1.97
$6.00
$8.40
$35.80
$10.00
$25.00
5. Remove & Replace Asphalt Pavement per Detail
SF
400
$4.59
$7.50
$9.10
$8.00
$4.00
$32.00
6. Remove & Replace Existing Concrete Driveway
SF
600
$6.33
$10.50
$7.70
$8.50
$8.00
$20.00
7. Remove & Replace Existing Gravel Driveway
SF
150
$2.52
$5.00
$5.00
$4.90
$2.00
$8.00
8. Concrete Headwall
EA
2
$739.00
$800.00
$7,800.00
$6,081.53
$5,600.00
$3,150.00
Sub Total Section "B"
$23,837.62
$49,472.00
$58,593.80
$55,163.26
$44,902.00
$100,590.00
Addendum No,1
1. 2" G. V. w /Box
EA
1
$17,820.00
$15,000.00
$10,364.40
$27,235.50
$22,000.00
$60,000.00
2. 3" G.V. w /Box
EA
2
$418.00
$500.00
$430.20
$187.20
$650.00
$1,100.00
3. 6" G.V. w /Box
EA
2
$500.50
$600.00
$485.20
$487.10
$750.00
$1,300.00
4. 8" G.V. w /Box
EA
4
$693.00
$800.00
$1,117.70
$834.00
$950.00
$1,600.00
5. Cut in Prop. 2" Gate Valve to Existing Waterline
EA
4
$870.00
$1,150.00
$1,337.70
$1,072.70
$1,450.00
$1,900.00
6. Cut in Prop. 3" Gate Valve to Existing Waterline
EA
2
$485.90
$400.00
$347.70
$936.00
$1,250.00
$500.00
7. Cut in Prop. 6" Gate Valve to Existing Waterline
EA
2
$636.80
$500.00
$347.70
$936.00
$1,450.00
$525.00
8. Cut in Prop. 8" Gate Valve to Existing Waterline
EA
4
$1,724.80
$800.00
$347.70
$5,463.60
$2,040.00
$575.00
9. Dispose of Excess Spoil at Pete Gilliam Park
LS
4
$1,724.80
$900.00
$347.70
$6,051.60
$2,450.00
$650.00
Sub Total Addendum No, 1!
$41,952.80
$33,600.00
$26,189.20
$86,015.70
$57,760.00
$85,750.00
A
Section "A "- Drainage Improvements
$401,978.93
$440,569.00
$517,587.40
$481,760.80
$689,017.50
$790,455.00
Section "B " - Drainage Improvements (Alt)
$23,837.62
$49,472.00
$58,593.80
$55,163.26
$44,902.00
$100,590.00
Addendum No. 1
$41,952.80
$33,600.00
$26,189.20
$86,015.70
$57,760.00
$85,750.00
Grand Total
1 $467,769.351
$523,641.00
$602,370.40
$622,939.76
$791,679.50
$976,795.00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: D. Wilmore
Department: Planning
Report: X Resolution: Ordinance X
Exhibits: Inspection Report
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. Council continued the public hearing
on 1307 E. Main at multiple meeting dates to accommodate the probate process and subsequent
sale of the property to a prospective buyer. 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. In addition, the individual attended the last public hearing and is aware of
the continuance. To keep the individual informed, staff has left phone messages and provided
meeting reminder letters via regular mail.
The property owner is deceased; however, a son has been handling the probate of the property.
At the October 10 meeting, the son advised Council the probate is complete and the potential
buyer (who was also at the meeting) is still interested in the property. The public hearing date
was continued for 30 -days to provide time for scheduling a closing on the property sale.
At the time of the agenda preparation, the owner's son had not provided staff with a closing date.
A condemnation ordinance has been prepared to allow Council flexibility of condemnation
versus continuance of the public hearing.
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
Steve Gillett, Interim City Manager
Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: D. Wilmore
Department: Planning
Report: X Resolution: Ordinance X
Exhibits: Inspection Report
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. Council continued the public hearing
on 1307 E. Main at multiple meeting dates to accommodate the probate process and subsequent
sale of the property to a prospective buyer. 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. In addition, the individual attended the last public hearing and is aware of
the continuance. To keep the individual informed, staff has left phone messages and provided
meeting reminder letters via regular mail.
The property owner is deceased; however, a son has been handling the probate of the property.
At the October 10 meeting, the son advised Council the probate is complete and the potential
buyer (who was also at the meeting) is still interested in the property. The public hearing date
was continued for 30 -days to provide time for scheduling a closing on the property sale.
At the time of the agenda preparation, the owner's son had not provided staff with a closing date.
A condemnation ordinance has been prepared to allow Council flexibility of condemnation
versus continuance of the public hearing.
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
Steve Gillett, Interim City Manager
Date
sy
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE: 2.21-2011
STREET ADDRESS: 1307 E.
OWNER: 7A NE F[J OUA LEWIS. P. O. BOX 718. LA POATE TX 77572 -0718
DEED OWNER LEWIS. 1307 EAST MAIN ST LA PORTE. TX 7 ?571
OTHE GRBG LEWIS 73 0 PINE SHADOWS LN BA WN TX 7 521
LEGAL; BLK 989 LT 8 -16 J.A PORTE
OCCUPANCY TYPE: RES ZONING: R-2
NON - CONFORMING ISSUES:
FACILITIES AVAILABLE: WATER 'X SEWER X _
ELECTRICAL: X GA$: X
NO.OF DWELLING UNITS:
VACANT:
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82 -473. Declaration of Public Nuisance and hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
1. A building that is vacant, and is not up to current building code standards.
'these vacant buildings can be either open to trespass or boarded up;
2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood,
or by 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;
3 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property;
� ^ 4. Whenever the building or structure, or any portion thereof, because of (a)
dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting the building,
(d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely
to partially or completely collapse;
Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose of which it is being used;
Aengerous Buildings lnspccWon Farm j
1 - 6. Whenever the
flood, or has become s
harbor for vagxants or
unlawful acts,
4
pa by fire, wutid, earthquake, or
rode (a) a public nuisance, (b) a
rBto for the purpose of committing
Whenever a building or_struct=,. used or intended to be used for dwelling
purposes, because of uudeuate mamtenauce, dilapidation, decay, damage, faulty
construe tton or arrangcm6nt, inadequate air, or sanitatiop facilities, or otherwise, is
determined by the,Boa;d to be unsanitary, unfit for human habitation.or in such a condition that is
likely to cause sicknes§. or disease;
8. Whenever any building or structure, because of obsolescenee, 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 Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
2. Whenever 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, health, property or safety;
3. Whenever 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.
FIND GS AND CO CLUSIONS OF THE BOARD OF INS ECTION:
SELECT OPTION #I: alLPAMABLE — RESIDENTIAL
IN ACCORDANCE WMTH THE C 'S GEROUS B ING RMIAMNS, THE 200
MMIqA noNAL IDENTIAL CODE AND THE 200 ATIO ALE CTRICAL CODE AS ADO TED
ANMWD AND ENACTED 13Y CITY QUINANCES 90: # 96-20 72 - K AND # 6- 07 -L. USING THE
MULAT70NS AND CODE AS I S GUIDE, IT IS THF, OPINION OF THE DAMEROUS BUILDING
jX SpWn0N I30ARD THAT THIS B
IL_ DING S IN FACT DANGE US BUT STILL REP LE. ALL
UIRED gp-PAIPS OR ALURATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICAB
CITY OF LA pogTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERA ON ORDER IS NO T
COW LIED WrM WITHIN THE MMMLE M oUT IN AR CLE Vill. SECTION 82478 IT IS
THE OPINION OF THIS BOARD THAT THIS 131MDING BE DBMOLIS D.
1C/.l Y.Fh+y wiIlt'l'& )'!
BUILDING OFFICIAL'S OFFICE DATE
xZ// 3
�-� Z, r
HA-US OFFICE DATE
x 0 r M NO-"j 3I1I1L
FIRE CHIEF'S OFFI D TE
Dangerous Building Inspection Form
A = Adequate
1. STRU
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
B. walls
1. Exterior
2. Interior
C Means of Egress
1. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
Page 3
BUILDING EVALUATIQI- CiECKLIST
D= Deficient N1A =Not Applicable
COMMENT /EXPLANATION
NIA
A
UNK
LM
A
UNK
UNK
A-
A
A
NOT VISIBLE
RIOT VISIBLE
LINABLE TO ACCESS
UNABLE TO ACCESS
D. Roof
1. Rafters
D
ROT _
2. Deck, Shingles
D
SHINGLES hVSSING. FACIA ROT
E. Ceilings
1, Joists
UNK
NOT VISIBLE _
2. Ceiling
1_
FALLING IN SEVERAL SPOTS
F. Floors
laiK—_
UNABLE TO VIEW
G. Other
R. - WHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
D
N FRONT
2. Wiring
UNK
UNABLE TO ACCESS
3. Lights, Switches
LINK
UNABLETO ACCESS _
4. Outlets
UNK
UNABLE TO ACCESS
5. Other
B. Plumbing
1. Fixtures
a. Sink
UNK
UNABLE TO ACCESS
b. Lavatories
UNK
UNABLE TO ACCESS
c. Water /Closets
L J
LINABLE TO ACCESS
d. Tub/Shower
UNK
UNABLE_ TO ACCESS — -
e. e. Water Heater
UNK
UNABLE TO ACCESS
2. Water Piping
LINK
UNABLE, TOACCESS —
3. Dtaia, Waste
& Vent
UNK
UNABLE TO ACCESS
4. Sewer /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 BQGSa BO ROOFS & KOT
2. Condition of Grounds
A
3. Other
Comments: SEPTIC
TANK ON SITE
. iy s - � h �Jl � � 11 � V,__ • 1 :� _: YiJ i_. ._i i• :.0 .;� � � : � ! � y3�Ii�kIF]')�uI \���y
ORDINANCE NO.
AN ORDINANCE DECLARING THE BUILDINGS) LOCATED AT BLK 989, LTS 8 -1b
LA PORTE , HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING
SUCH BUILDINGS) CONDEMNED; FINDING THAT JANE FUQUA LEWIS, JANE
LEWIS, & GREG LEWIS, ARE THE RECORD OWNER(S) OF SAID PROPERTY;
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82 -474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall 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
Ordutance No.
Page 2
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST.,
Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as
established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, dated
FEBRUARY 21 2011 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, JANE FUQUA LEWIS , whose address is P. O. BOX 718, LA PORTE, TX
77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA PORTE, TX 77571,
and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521
that a hearing as provided in Section 82 -477 of said Ordinance would be held at 6:00 PM on
APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall,
City of 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 LN. 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; the September 26,
2011 public hearing was continued for 14 days, to October 10, 2011; and the October 10, 2011
public hearing was continued for 30 days, to November 14, 2011;
Ordinance 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 November 14.2011 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, and JANE
LEWIS who resides at 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS who
resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of
the property on which this building is situated, and that as such record owner(s), the said JANE
FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those
proceedings.
Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE
LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders
the said JANE FUQUA LEWIS JANE LEWIS and GREG LEWIS to commence such removal
within ten (10) days from the effective date of this Ordinance, and to complete said removal or
demolition within thirty (30) days from the effective date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty of law.
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 a] I 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 hereof, then the Board of the City of
La Porte shall enter upon the said premises with such assistance as it may deem necessary, and
cause the said building(s) to be removed or demolished without delay, and the expenses of such
procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG
LEWIS record owner(s) of said property, and shall thereupon become a valid and enforceable
personal obligation of said owner of such premises, and the said Board shall carefully compute
the cost of such removal or demolition, which cost shall be hereafter assessed against the land
occupied by such building(s), and made lien thereon.
Section 9 . The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the day of , 2011.
Ordinance No.
CITY OF LA PORTE
C
ATTEST:
Patrice Fogarty, City Secretary
Page 5
Louis R. Rigby, Mayor
APPROVED:
r
C ark T. Askins, Assist. City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Aerial Map
Site Plan
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 Planning and Zoning Commission, during its October 20, 2011, meeting, held a public hearing
to receive citizen comments regarding Special Conditional Use Permit Request 411- 91000005.
The request by Marcos Luna, owner of King's BBQ at 521West Main Street, seeks approval of a
Special Conditional Use Permit (SCUP) for an off -site parking facility to be located at 111 South
5 Street. Off -site parking is classified as a conditional use per Section 106 -441; Table A,
Commercial Uses, of the Code of Ordinances.
The applicant has purchased two lots south of the T -alley to develop a parking lot with 12 additional
parking spaces. The subject property is separated from the primary facility with a 16' public alley and
is considered a separate lot. There is an existing house to the south of the proposed parking lot. To
protect the interest of the adjacent homeowner, staff recommended a 15 -foot wide buffer with a 6-
foot opaque wooden fence at the southern property line in addition to landscaping /screening of the
parking lot. The adjacent homeowner favored additional landscaping instead of a fence.
The Planning and Zoning Commission discussed the matter and recommended a 5' buffer as
shown on the site plan and removed the fence requirement. A two -tier plant material shall be
installed with lower height vegetation on the southernmost edge of the buffer and a 4 -foot high
material on the northernmost edge of the buffer. The plant material shall create a light barrier
within four months (120 days) from the time of planting.
The proposed location for off -site parking is within 300 feet of the principal building. The parking lot
will be constructed in accordance with the City's standard specifications. If the special conditional
use permit is approved by the Council, the applicant must submit a certified site plan for development
of the parking lot showing access, revised parking spaces, maneuvering aisle, and
landscaping /screening plan etc.
Sixteen (16) notices of public hearing were mailed to neighboring property owners. One response
was received in favor of this request. The Planning and Zoning Commission, by unanimous vote,
recommended City Council approval of Special Conditional Use Permit 411- 91000005 with the
conditions listed in the SCUP.
Action Required by Council:
1. Conduct public hearing.
2. Consider Planning and Zoning Commission's recommendation to approve Special Conditional
Use Permit 411- 91000005 for an off -site parking facility to be located at 111 South 5 th Street
for King's BBQ.
Approved for City Council A6enda
Steve Gillett, Interim City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Aerial Map
Site Plan
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 Planning and Zoning Commission, during its October 20, 2011, meeting, held a public hearing
to receive citizen comments regarding Special Conditional Use Permit Request 411- 91000005.
The request by Marcos Luna, owner of King's BBQ at 521West Main Street, seeks approval of a
Special Conditional Use Permit (SCUP) for an off -site parking facility to be located at 111 South
5 Street. Off -site parking is classified as a conditional use per Section 106 -441; Table A,
Commercial Uses, of the Code of Ordinances.
The applicant has purchased two lots south of the T -alley to develop a parking lot with 12 additional
parking spaces. The subject property is separated from the primary facility with a 16' public alley and
is considered a separate lot. There is an existing house to the south of the proposed parking lot. To
protect the interest of the adjacent homeowner, staff recommended a 15 -foot wide buffer with a 6-
foot opaque wooden fence at the southern property line in addition to landscaping /screening of the
parking lot. The adjacent homeowner favored additional landscaping instead of a fence.
The Planning and Zoning Commission discussed the matter and recommended a 5' buffer as
shown on the site plan and removed the fence requirement. A two -tier plant material shall be
installed with lower height vegetation on the southernmost edge of the buffer and a 4 -foot high
material on the northernmost edge of the buffer. The plant material shall create a light barrier
within four months (120 days) from the time of planting.
The proposed location for off -site parking is within 300 feet of the principal building. The parking lot
will be constructed in accordance with the City's standard specifications. If the special conditional
use permit is approved by the Council, the applicant must submit a certified site plan for development
of the parking lot showing access, revised parking spaces, maneuvering aisle, and
landscaping /screening plan etc.
Sixteen (16) notices of public hearing were mailed to neighboring property owners. One response
was received in favor of this request. The Planning and Zoning Commission, by unanimous vote,
recommended City Council approval of Special Conditional Use Permit 411- 91000005 with the
conditions listed in the SCUP.
Action Required by Council:
1. Conduct public hearing.
2. Consider Planning and Zoning Commission's recommendation to approve Special Conditional
Use Permit 411- 91000005 for an off -site parking facility to be located at 111 South 5 th Street
for King's BBQ.
Approved for City Council A6enda
Steve Gillett, Interim City Manager Date
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 11- 91000005 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF DEVELOPING AN OFF -SITE
PARKING LOT AT 111 SOUTH S T11 STREET, IN A MAIN STREET DISTRICT (MS)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
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, TEXAS:
Section 1 : Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit #11- 91000005, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the development of an off-site parking lot at the following
described property, to wit: 0.15 acre tract of land, being lots 7 &8, block 41, Town of La Porte,
Johnson Hunter Survey, Abstract 35, La Porte, Harris County, also known as 111 South 5 Street,
within a Main Street (MS) zoning district.
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 frill 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. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6 . The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the day of , 2011.
CITY OF LA PORTE
ATTEST:
Patrice Fogarty, City Secretary
Louis R. Rigby, Mayor
APPROVED:
P
Clark Askins, Assistant City Attorney
City of La Porte
Special Conditional Use Permit # 11- 91000005
This permit is issued to: Marcus Luna c/o King's BBQ
Owner or Agent
521 West Main Street La Porte TX 77571
Address
For Development of: King's BBQ Additional Parkin Lot
Development Name
111 South 5 fh Street, La Porte, TX 77571
Address
Legal Description: Lots 7 &8, Block 41. Town of La Porte
La Porte, Harris County, Texas.
Zoning: Main Street District (MSD)
Use: Off -site Parking Lot
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited to off -site parking for King's BBQ.
2. Off -site parking shall comply with all parking standards per Section 106 -835 of the Code of
Ordinances.
3. Screening and/or landscaping of parking lot with an approved material shall be required in
accordance with Section 106- 444(a) of the Code of Ordinances.
4. Maintain a 5 -foot buffer with the southern property line and the parking stalls. Plant material to be
installed in a double row (two -tier) configuration. Plant material installed with lower height
vegetation on the most southern edge of the buffer and four foot high material on the northern
most edge of the Buffer. Plant material shall create a light barrier within four months (120 days)
from the time of planting.
5. All lighting in the parking lot shall be hooded and arranged in a manner to deflect light away from
the adjoining residential properties in compliance with Section 106- 521(a) of the Code of
Ordinances.
6. A sign shall be installed at the property to prohibit unauthorized parking during non - business hours.
7. The Developer shall comply with all applicable laws and ordinances of the City and the State of
Texas.
Failure to begin construction within 12 months after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time
granted after application to the Planning and Zoning Commission.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date:
Director of Planning City Secretary
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PROJECT NUMBER
PROJECT TITLE
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MAIN / / /]]]�����V��V��\
�y�R
SITE
EXISTING FIRE HYDRANT
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Ap
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SCOPE OF WORK
CORNER OF SOUTH 5TH
AND MAIN STREET
5 FROM EXISTING
PROFESSIONAL SEAL
ENGINEER OF RECORD:
WILLIAM T. MANNING, JR., P.E.
TEXAS REGISTRATICN NO 80640
w f+}p '1"Ns "j.
LA PQR7E, TEXAS 77571
BUILDING AT
SET WEST MAIN STREET
ExNSTi,uc Lntioscrwlx
DATF
DESCRIPTION
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THE ADDITION OF 12,500 SF PAVED PARKING AND MANEUVERING
AISLES DIVIDED INTO TWO AREAS.
AREA A IS ON THE EAST SIDE OF EXISTING RESTAURANT AND
ADJACENT TO THE EXISTING RESTAURANT.
-AREA `B' IS SOUTH OF THE T -ALLEY THAT RUNS EAST AND WEST
Px13Tl "�S DPWALR .� CALLED 2 S' ���'N�EI�wA�
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9
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THIS DRAWING INDICATES TEE GENERAL SOOFE OF TEE
PROJECT IN TERMS DF ARCHITECTURAL OLSIVN CONCEPT, THE
l :.
DRAWINGS CG NOT NECESSARILY INDICATE OR DFSCFIRF ALL
WORK REQUIRED FOR FULL PERFORMANCE AND COMPLETION
OF THE REQUIREMENTS DF THE CONTRACT QDCJMENTS. ON
THE BASIS OF THE GENERAL SCOPE INDICA7Er2 OR
DESCRIBED, 7"E CONTRACTOR SHALL FURNISH ALL 17EHS
REUJIRED FOR THE PROPER EXECLTION AND COMPLETION DF
o
CONSTRJCTIGN WCRK. THIS DCCJMENT IS THE PROLEKTY
OF ANO IS NOT TO BE JSED, IN
WHCLE % IN PART, WITHOUT THE WRITTEN AU7RORIZA7I0N OF
��._.�, ;
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PLAN
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SHEET NO.
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1, OWNER NAME:
Eo
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f ���T _ N
NOTES
TO DRAWINGS
AMAFHH INVESTMENT, INC.
D
17515 SUNNY TRAIL LN
SUGAR LAND, TEXAS 77479 -3113
°
- °
o
AREA 'A' J
SITE WORK
2, LESSOR NAME:
LtE 1
aImIN� o
�� �aP�
�� RROROLED AERHALT
�RF °AWN M. MOORE
MARCOS LUNA
C) a�
Ro °
sTZZ LON GVALE DR
" °BBT °" TEXAS ° ° ° °°
1.
CONTRACTOR'S SHALL PROVIDE ALL THE LABOR MATERIAL_ AND EQUIPMENT NECESSARY TO
071
�_l
"EA ° °Z° "° ° °' ° ° °'
A`— 12 ' LOTS ,
COMPLETE ALL THE SITE WORK AS REQUIRED AND AS SHOWN ON THE PLANS.
5546 AMBERN DR.
CD
-
2.
ALL UNWANTED OBSTRUCTONS, CONCRETE SLABS, FENCES, ETC,, WILL BE DEMOLISHED AND DIS-
HOUSTON, TEXAS 77053
�o
"KING'S
L 1
t
"j a
POSED OF OFF THE SITE BY CONTRACTOR, UNLESS SPECIFIED OTHERWISE. VERIFY WITH OWNER
3, PROJECT NAME: BBQ PARKING ADDITION"
E %iSrINGNWV °S AP����
FOIR MING
NON —C O FOR
SINGLE' STORY
a Ci
REGARDING THE DEMOLITION OF WORK PRIOR TO CONSTRUCTION,
4. PROJECT ADDRESS: 521 WEST MAIN STREET
14
xpz Bui °iNC
s
�j
3.
DIMENSIONS, BUILDING LOCATION AND GRADING OF THIS SITE ARE BASED ON AVAILABLE INFORM -
6 w 1
(2640 SF)
�a
ATION AT THE TIME OF LAYOUT. DEVIATIONS MAY BE NECESSARY IN THE FIELD. ANY SUCH
5. PROPOSED DEVELOPED LAND - 6,250 SF
N =
CHANGES OR CONFLICTS BETWEEN THESE PLANS AND FIELD CONDITIONS ARE TO BE REPORTED
521 WESI MAIN ST.
Y z
TO THE ENGINEER AND /OR OWNER, PRIOR TO STARTING CONSTRUCTION.
6, ZONED: MAIN STREET DISTRICT OVERLAY
SETBACKS: FRONT - ; SIDES -0- ; REAR 20'
Ltd o
w - - --
LOT 5 ek °r
0T
�? 4 . o LOT 3 LOT 2 LOT 7 LOT 31
4.
REMOVE ALL VEGETATION ROLL AND COMPACT AREAS BEFORE REPLACING WITH FILL MATERIAL.
,
7, EXISTING: HCAD# 023 -177- 041 -0004
w
WA1ER METER IXISIING
CA E 25°
EE a EX T ING SANITARY WER LINE mEaSe iNlera_�mR . E T ING SANITARY WER LINE
z y,
EXSTING WATER w w w w #XI °TIN° WA TER K w
EXISTING SUBGRADE SHOULD BE SCARIFIED TO A MINIMUM DEPTH OF 8 ".
EXISTNGASP "ATSHRPA�IN�
' 16' AEEEY
5.
THE CONTRACTOR SHALL BE RESPONSIBLE FOR NOTIFYING OWNER AND GEOTECHNICAL ENGINEER
S. LEGAL DESCRIPTION:
N °NN
CA
s, PPLV
ED �z5
, E E E E E
IMMEDIATELY OF ANY SPECIAL SOIL OR WATER CONDITIONS THAT ARE PRESENT ON THE SITE. DO
LOTS 2 -6, BLOCK 41, TOWN OF LA PORTE,
TO
NOT PROCEED WITH FURTHER WORK UNTIL CONDITION IS CLARIFIED.
HARRIS COUNTY, TEXAS
�s
ExIST Tr�E,
„ CALIPER ....
O CATALPA
q'c
\
SEXIST TREES, HALKBERRY rn cuv w1
a
TO BE REMOVEV
C
IPEP TIE DOW
,I AILEH
AREA 'E WC9ERRT �
6 .
FILL MATERIAL SHALL BE CLEAN EARTH FREE OF ALL OBJECTIONABLE FOREIGN OBJECTS .
1
9. THIS TRACT IS IN FLOOD ZONE X AND NOT WITHIN
CD
PROPO
6 STTPE
EX CALIPER
P "ALTS' A
,
PLASTICITY INDEX SHALL BE LESS THAN 10 AND MAXIMUM LIQUID LIMIT SHALL BE 25.
THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FEMA
w o
G "ELY
MAP #48201C0940L, DATED JUNE 18, 2007.
� L 7 _
c
10 -011
7.
FILL MATERIAL, BASE AND SUBGRADE SHALL BE COMPACTED TO NOT LESS THAN 95 PERCENT OF
T4eE V
o
N a �
MAXIMUM DENSITY AT OPTIMUM MOISTURE CONTENT IN ACCORDANCE W/ ASTM DENSITY TEST NO.
II. PROPOSED LANDSCAPING WILL INCLUDE:
DWARF OLEANDERS OR EQUIVALENT, MIN 5 GAL,
FXISTTREE—
c!' W
F
D -698, METHOD A, (STANDARD PROCTOR TEST), ALLOWABLE VARIATION IN MOISTURE CONTENT
-18
ern
SHALL BE ±3 PERCENT OF OPTIMUM MOISTURE CONTENT. THE FILL MATERIAL SHALL BE PLACED
-2 STANDARD CREPE MYRTLE TREES, MIN 15 GAL.
L 6
8 02
_ _
__ 14 5 6
`
IN LOOSE LIFTS NOT EXCEEDING 6" IN THICKNESS,
OT
12. PROPOSED LANDSCAPING WILL INCLUDE A LANDSCAPE
FL °Y° °IANE BROWN
CALLED 2 s
8.
THE CONTRACTOR SHALL BE REQUIRED TO STABILIZE SLOPED AREAS, THE CONTRACTOR SHALL
RRI GAT I ON METER WITH A BACKFLOW PREVE NTER.
- -
�
° T 5TR STREET
LA P °RTE' °EXA°
02'1
3 17
HCAD 4023 7 04
77571
OD°9
GRADE AND SEED OR SOD THE AREA WITH THE PROVISION THAT HE SHALL MAINTAIN THE SODDED
(SEE PLANS FOR DETAILS)
LOTS 9 -,z. [ILK
41
AREA AS REQUIRED UNTIL SUCH TIME THAT THERE IS SUITABLE GROWTH TO ADEQUATELY PROTECT
m
THE EMBANKMENT. THE MAXIMUM SUITABLE SLOPE SHALL BE 3:1. CONTRACTOR SHALL MATCH
13. PROPOSED PARKING WILL INCLUDE 6 SPACES (10' X 20').
L OT 9
m
EXISTING GRADES AT ALL PROPERTY LINES AROUND THE SITE, UNLESS OTHERWISE SHOWN ON
GRADING PLAN.
O
9.
CONTRACTOR SHALL FINISH SURFACES TO SLOPES INDICATED ON THE SITE PLAN TO OBTAIN
CITY APPROVING AUTHORITY CERTIFICATE
o
POSITIVE DRAINAGE OF SURFACE WATER.
LOT 10
—
10.
ALL POCKETS OF SOFT CLAY, ORGANIC MATERIALS, WET MATERIALS, AND /OR OTHER UNSUITABLE
THIS IS TO CERTIFY THAT THE CITY OF LA PORTE, TEXAS HAS APPROVED THIS SITE PLAN
SITE P LA N S
"_�'
MATERIALS SHOULD BE REPLACED WITH SELECT BACKFILL AND COMPACTED AS REQUIRED.
DEVELOPMENT OF KINGS BBQ PARKING IN CONFORMANCE WITH THE ORDINANCES OF THE
CITY OF LA PORTE.
11.
THE LOCATION OF EXISTING UNDERGROUND UTILITIES SHOWN ARE AS PER RECORD DRAWINGS AND
HAVE NOT BEEN VERIFIED BY ACTUAL FIELD CHECKS. CONTRACTOR TO VERIFY EXACT LOCATION
AREA 'B' NOTE
OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION
BY: BY:
LA PORTE CITY ENGINEER DIRECTOR, LA PORTE
I. OWNER
NAME:
8. THIS TRACT IS IN FLOOD ZONE 'X' AND NOT WITHIN
12.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO EXERCISE EXTREME CARE IN REGARDS TO
PLANNING DEPARTMENT
MARCOS LUNA
THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FEMA
ALL EXISTING UTILITIES, TRAFFIC SIGNS, STREET MARKERS, SHRUBBERY, DRIVEWAYS, WALKS, ETC.,
5546 AMBERN DR,
MAP #48201CO940L, DATED JUNE 18, 2007.
WHETHER SHOWN ON THE DRAWINGS OR NOT. THE CONTRACTOR SHALL EITHER REPAIR THE
HOUSTON, TEXAS 77053
DAMAGE OR MAKE RESTITUTION TO THE OWNERS OF SUCH PROPERTY.
SITE PLAN ACCURACY CERTIFICATE
9. PROPOSED LANDSCAPING WILL INCLUDE;
2. PROJECT NAME: "KING'S BBQ PARKING ADDITION"
-30 DWARF OLEANDERS OR EQUIVALENT, MIN 5 GAL.
13.
GENERAL CONTRACTOR IS TO INCLUDE IN BID ALL UTILITY COSTS NECESSARY TO PROVIDE COMPLETE
-8 STANDARD CREPE MYRTLE TREES, MIN 15 GAL.
COSTS AND WATER SERVICE AS REQUIRED BY LOCAL CODES AND UTILITY COMPANIES.
1, WILLIAM T. MANNING, JR., AM REGISTERED UNDER THE LAWS OF THE STATE OF TEXAS TO
3. PROJECT ADDRESS: 521 WEST MAIN STREET
PRACTICE THE PROFESSION OF ENGINEERING AND HEREBY CERTIFY THAT THE ABOVE PLAT
10. ALL PROPOSED LANDSCAPING SHALL BE IRRIGATED.
14.
CONTRACTOR TO PAVE AS SPECIFIED, PAINT STRIPING, ARROWS, ETC,, AS SHOWN ON SITE PLAN.
OR SITE PLAN IS TRUE AND CORRECT; AND THAT ALLBEARINGS, DISTANCES, ANGLES, CURVE
4. DEVELOPED LAND = 6,250 SF
SEPERATE PERMIT REQUIRED FOR IRRIGATION SYSTEM.
RADIUSES, AND CENTRAL ANGLES ARE ACCURATELY SHOWN ON THE PLAT.
(SEE PLANS FOR DETAILS)
15.
PAINT FOR PAVEMENT MARKING SHALL BE WHITE OR YELLOW AS CALLED FOR AND SHALL BE NON -
5. ZONED:
MAIN STREET DISTRICT
REFLECTIVE PAINT CONFORMING TO THE REQUIREMENTS OF FEDERAL SPECIFICATIONS. PAINT SHALL
SETBACKS: FRONT '` ; SIDES 5' ; REAR 20'
11, PROPOSED PARKING WILL INCLUDE
BE APPLIED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS,
BY:
12 SPACES (10' X 201).
WILLIAM T. MANNING, JR., P.E.
6. EXISTING:
HCAD# 023 - 177 -041 -0007
16.
PRIOR TO APPLICATION OF PAINT, THE SURFACE TO BE PAINTED SHALL BE CLEANED OF ALL DIRT,
12, ENGINEER OF RECORD:
GREASE, OIL, ACID OR ANY FOREIGN MATERIAL, WHICH WOULD REDUCE THE BOND BETWEEN THE
TEXAS REGISTRATION NO. 80640
7. LEGAL
DESCRIPTION-
WILLIAM T. MANNING, JR., P.E.
PAINT AND PAVEMENT.
MANNING ENGINEERING CORPORATION, F -2630
LOTS 7
8, 8, BLOCK 41, TOWN OF
LA PORTE,
MANNING ENGINEERING CORPORATION, F -2630
HARRIS
COUNTY, TEXAS
108 SOUTH 2ND STREET
17,
ZONING ORDINANCE SEC. 106 -513: ALLEY WAYS WITHIN THE DISTRICT SHALL BE CONSIDERED AS
LA PORTE, TEXAS 77571
DRIVING AISLES FOR THE PURPOSES OF PARKING REQUIREMENTS.
AREA '13'
NOTES
03
CONSTRUCTION
NOTES
02
AREA 'A' NOTES
0 1
SCALE: NONE
SCALE: NONE
SCALE: NONE
5 rA
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PROJECT NUMBER
PROJECT TITLE
0
W
W
fn O
x
U) W
C W
W
CL
PROFESSIONAL SEAL
ENGINEER OF RECORD:
WILLIAM T. MANNING, JR., P.E.
TEXAS REGISTRATICN NO 80640
MANNING ENGINEERING CORP., F -2630
106 SOUTH 2ND STREET
LA PQR7E, TEXAS 77571
REVISIC)NS
N0.
DATF
DESCRIPTION
3
4
9
SCOPE OF THE DOCUMENT
THIS DRAWING INDICATES TEE GENERAL SOOFE OF TEE
PROJECT IN TERMS DF ARCHITECTURAL OLSIVN CONCEPT, THE
DIM E11451645 OF 71HF FJILCINS, 74F MAJOR ARCHITFC7URAL
ELEMENTS AND TEE TYPE OF STRUCTURAL, MECHANICAL
ELECTRICAL SYSTEMS. AS SCOPE DOCUMENTS, THE
DRAWINGS CG NOT NECESSARILY INDICATE OR DFSCFIRF ALL
WORK REQUIRED FOR FULL PERFORMANCE AND COMPLETION
OF THE REQUIREMENTS DF THE CONTRACT QDCJMENTS. ON
THE BASIS OF THE GENERAL SCOPE INDICA7Er2 OR
DESCRIBED, 7"E CONTRACTOR SHALL FURNISH ALL 17EHS
REUJIRED FOR THE PROPER EXECLTION AND COMPLETION DF
THE WORK. THESE DRAWINGS SHALL NOT BE USED FOR
CONSTRUCTION UNLESS DATED AND NOTED AS ISSUED FOR
CONSTRJCTIGN WCRK. THIS DCCJMENT IS THE PROLEKTY
OF ANO IS NOT TO BE JSED, IN
WHCLE % IN PART, WITHOUT THE WRITTEN AU7RORIZA7I0N OF
WAFZN ■NG
IF THIS OAF DCES NOT MEASURE 1" THEN DRAWING IS
NOT TO SCALE
MINN BY:
CHECKED BY:
DATE
DPL
2C I IJ 10/ I0
SHEET TITLE
PARNI NG
SITE
PLAN
DRAWING NUMBER
SHEET NO.
51.1
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: Tim Tietiens
Department: Planning
Report: X Resolution: Ordinance: _
Exhibits:
1. Pipeline Permit Application
2. Pipeline Permit # PT -11- 37000001
3. Area Map
4. Pipeline Transportation Ordinance
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item: _YES
X NO
SUMMARY & RECOMMENDATION
ETC NGL Transport, LLC has filed application with the City to constrict a 20" Natural Gas
Liquids (NGL) pipeline through La Porte. Right -of -Way crossings will occur at Fairmont
Parkway, Spencer Highway, Underwood Road, and State Highway 225 (see Exhibit 3). Staff has
reviewed the company's application and plans to identify the City's existing water and sanitary
sewer mains along the proposed route in order to ensure sufficient clearances are met.
ETC NGL Transport's application meets all requirements of the Pipeline Transportation Ordinance
(see Exhibit 4) and the company has submitted all required documentation and fees per the
ordinance. Based on its review of the application, Staff anticipates no conflicts with existing and
proposed public utilities, roads or drainage ways.
Conditional to this permit are the following stipulations:
1. Contact the City of La Porte Planning Department at (281) 470 -5059 no less than 48
hours prior to commencement of constriction.
2. Post copies of this Permit at all public right -of -way crossings.
3. Per Sec. 102 -235, Item (k) of La Porte's Code of Ordinances (Ord. 2004 - 2755): "the
Permittee shall, at any time in the future, where such pipeline or portion thereof crosses
or is laid within, under or across any street, road or utility right -of -way, drainage way or
public way existing or projected at the time the permit is issued, reposition such pipeline
(which shall include lowering or raising the pipeline, as well as casing it, if required) at
the Permittee's sole expense, when the City reasonably requires such action incidental to
public constriction or public improvement: constriction, maintenance and improvement
of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The
City shall give the Permittee prior written notice of the need for repositioning location,
and such notice shall be mailed certified mail, return receipt requested, to the Permittee as
designated in the application. The Permittee shall have six (6) months to complete such
repositioning.
2
4. Any and all construction materials utilized by the pipeline contractor for access across
any and all drainage ditches, drainage paths and /or drainage channels shall be promptly
removed by the contractor upon completion of construction at each crossing.
5. Any fill material resulting from construction shall be removed or be subject to a Fill
Permit from the City.
6. Prior to an anticipated major rain event, contractor shall remove all construction- related
materials and /or fill from any drainage way or roadside ditch as to not impede storm
water runoff.
Upon Council's approval, the Director of Planning will execute a construction permit to ETC NGL
Transport, LLC in duplicate originals, one which shall be delivered to the Permittee and one which
shall be retained by the City, as required by ordinance.
Action Required by Council:
Authorize the Planning Director to execute a Pipeline Permit to ETC NGL Transport, LLC for the
installation of a 20" NGL pipeline through the City of La Porte.
Approved for City Council A6enda
Steve Gillett, Interim City Manager Date
` City of La Porte, Texas
Pipeline Permit Application
...................... ....................Information of Owner and Applicant.............. I.............................
Company Name: ETC NGL Transport LLC
Company Address: 711 Louisiana St., Suite 900, Houston, TX 77002
Phone & Fax Number: (832)668 -1000 ph :(832)668 -1119 fax Email: rob ert , rose (c�energytransf_e_r.com
Person Submitting Application: Denealo Negual
Title of Person Submitting Application: Permitting Right -of -way Agent
Phone & Fax Number: 283 -7498 ph: (281) 206 -6665 fax Email: dneooal[).ho_t_mail.com
Acting for Owner as: Permit Agent
Principal Contact for Submittal Information: Robert Rose
Title of Principal Contact: VP of Land and Right -of -way
Phone & Fax Number: (832)668 -1000 ph :(832)668 -1119 fax Email: robert .rose(a),energytransfer.com
................ ....................Information on Twenty -Four Hour Emergency Contacts.......................
Twenty -Four Hour Emergency Contact: Pipeline Control Center
Title of Twenty -Four Hour Emergency Contact: 24- Hour Operator/Monitoring Operator/Monitoring Service
Phone and Fax Number: (877) 839 -7473
Other Numbers for Emergency Contact (pager, cellular, etc.):
Alternate Twenty -Four Hour Emergency Contact:
Tilte of Alternate Twenty -Four Hour Emergency Contact:
Phone and Fax Number:
Other Numbers for Alternate Contact (pager, cellular, etc.):
.................. ....................Information on Twenty -Four Hour Emergency Contacts.......................
Size in Diameter: 20 -inch Commodity(s): Natural Gas Liquids (NGL) Y -Grade Liquids
Origin Point: Brazos River
Destination Point: Mont Belvieu
Normal Operating Pressure: 900 psi Maximum Operation Pressure: 1440 psi
Maximum Allowable Temperature (if applicable): NIA
�.
6114 West Fairmont Parkivay
LaPorte, Texas 77571
Phone: (281) 471 — Fax: (281) 470- :5® ®:5
www.laportetx.gov
ETC NGL Transport, LLC
711 Louisiana St., Suite 900
Houston, TX 77002
c/o Denealo Negual/Mustang Engineering
RE: Pipeline Transportation Permit (PT -11- 37000001)
Dear Mr. Negual:
Your application for a permit to construct a 20" NUL pi � �� ithin the city limits of I t to has been approved
by La Porte Cite Council at its November 14, 2011 meeting X u are hey authorized to i in construction within
all regulations set forth in City of La Porte Oj,:ainance 2004-2
Please note this permit is issued with the foll dithons.
\ \ \�\
1. Contact the Cite of La Porte Planning IleplrtmeO �f (281 o less than 48 hours prior to
commencement of construction. ����,, r, , „ >�,
�.
2. Post copies of
3. Per Sec. 102 -235,
anv time in the fu
ri
Mf t aired) at the 1� ut
p 4 , We construction of
'4
liTe�nitan sewer lnie
Iv rittex f otice of the nee(
receipt feq. sted, to the
to comnlefd,,seh renositi
4. Anv and all cons
ditches, drainage
completion of co
a
of L1P,,/ to s Code of cjinances (Ord. 2004 - 2755): "the Pernittee shall, at
re tiuftellne or port thereof crosses or is laid within, under or across any
Ufa �� 1v or p�ic �� - ay existing or projected at the time the permit
ape t (whicli'sh uclud64, veering or raising the pipeline, as well as casing it,
6M City reasonably requires such action incidental to
is impf� /e -neat: construction, maintenance and improvement of streets, water
Morin sew ditches and public utilities. The Cite shall give the Permittee prior
rpositiona location, and such notice shall be mailed certified mail, return
riWe as desi'nated in the application. The Pennittee shall have six (6) months
1 is utilized b� the pipeline contractor for access across an and all drainage
drainage channels shall be promptly removed by the contractor upon
each crossing.
5. And- fill material resulting from construction shall be removed or be subject to a Fill Permit from the Cite.
6. Prior to an anticipated major rain event, contractor shall remove all construction- related materials and/or
fill from anv drainage way or roadside ditch as to not impede stornri ater runoff.
Sincerer-,
Tim Tietjens
Planning Director
CC: Finance Department; PT- 11- 37000002 File
November 15, 2011
Af
CHAPTER 182, ARTICLE IV, LA PORTE CODE OF ORDINANCES
"PIPELINE TRANSPORTATION"
*Editor's note: Ordinance No. 2004 -2755, § 1, adopted July 12, 2004, repealed the former
Art. IV, §§ 102 -231 - -102 -237, 102 -261 - -102 -265, and enacted a new Art. IV as set out herein.
The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, § 1(18 -A-
1)-- (18- A -12), 3 -6 -72.
Cross references: Businesses, ch. 22.
State law references: Transportation of gas and gas pipeline facilities, safety standards,
preemption, Vernon's Ann. Civ. St. art. 6053 -1.
Sec. 182 -231. Declaration of policy.
The city council declares that the policy of the city in the manner of granting to any
person the privilege to construct, operate and maintain any pipe or pipeline within the
jurisdiction of the city for the purpose of thereby transporting oil, gas, brine or any other liquid or
gaseous substance whatsoever shall be stated in this article. The provision of this article shall
be administered by the director of planning or his designee.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 182 -232. Definition of terms.
All terms used herein shall be taken in their ordinary signification except the following:
City shall mean the City of La Porte now incorporated and as hereafter expanded by
annexation or consolidation.
Commodity shall mean any liquid or gaseous substance or other product capable of
being transported through a pipeline and which is, or may become, flammable, toxic or
otherwise hazardous to human, animal or plant health and/or life.
Director shall mean the director of planning or his designee.
Operational boundary shall mean the prime property and location of the offices and
operational facilities of a person within the city. The term is not intended to extend to rights -of-
way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and
which radiate or depart from such primary property, offices and operational facilities.
Permittee shall mean the person to whom a permit is issued under the provisions of this
ordinance.
Person shall mean an individual, corporation, partnership, association or any other
entity, however organized.
Pipeline shall mean any pipeline or part thereof, including pipe, valves and any
appurtenances thereto, which is used for the transportation of a commodity into, across, under
or over the city. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline
crossing the operational boundary of any industry operating, in whole or part, in the city.
"Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on,
within or under a person's operational boundary.
Relocation shall mean the horizontal or vertical movement of a pipeline.
Reposition shall mean the movement of a pipeline when such movement is necessary
for the public construction or public improvement: construction, maintenance and improvement
of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Cross references: Definitions generally, § 1 -2.
Sec. 102 -233. Exemption.
This article shall not extend to:
(1) Any person now or hereafter providing natural gas service for residential and business use
only within the city pursuant to a franchise from the city as a gas distribution utility;
(2) Raw or potable water pipelines, valves and appurtenances; or
(3) City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves
and appurtenances, except industrial wastes transported by pipeline to treatment facilities
outside the corporate city limits.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -234. Permit required.
No person shall commence the construction, relocation or reposition of a pipeline within
the city without a permit being obtained from the city for such pipeline under the terms of this
chapter.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -235. Application for permit
A person desiring a permit shall submit a written application to the director and
concurrently therewith shall pay a non - refundable fee to the city. The application form, which
can be obtained from the director, shall be submitted to the director, in duplicate, with the
following information contained thereon:
(1) The name, business address and telephone number of the pipeline owner and operator;
(2) The names, titles and telephone numbers of the following persons:
a. The person submitting the information;
b. The principal contact for submittal of information; and
2
c. The 24 -hour emergency contact (and an alternate 24 -hour contact), who
1. Can initiate appropriate actions to respond to a pipeline emergency;
2. Has access to information on the location of the closest shutoff valve to any
specific point in the city or its jurisdiction; and
3. Can furnish the common name of the material then being carried by the
pipeline.
(3) The origin point and destination of the pipeline being constructed, adjusted, relocated,
replaced, repositioned or repaired.
(4) A description of the commodity(s) to be transported through the pipeline. A copy of the
material safety data sheets for the commodity(s) shall be included with the submittal if the owner
or operator is required by federal or state law to have material safety data sheets available;
(5) The maximum allowable operating pressure on the pipeline as determined according to the
U.S. Department of Transportation and State Railroad Commission procedures or the maximum
design strength for unregulated pipelines, if applicable;
(6) The normal operating pressure range of the pipeline;
(7) The maximum allowable temperature under which the substance or product may be
pumped or otherwise caused or permitted to flow through any and all of the particular portions of
the pipeline, if applicable;
(8) Engineering plans, drawings, maps with summarized specifications showing the horizontal
pipeline location, the pipeline covering depths and location of shutoff valves within the corporate
limits and ETJ of the city. The location of shutoff valves must be known in order for emergency
responders to clear the area for access to the valves. To the extent that information can be
reasonably obtained, drawings shall show the location of other pipelines and utilities that will be
crossed or paralleled within five feet;
(9) A summary description of the time, location, manner, means and methods of the proposed
construction, including but not limited to the following:
a. Detailed cross section /profile drawings for all public way crossings if requested by
the Director;
b. A plan accurately showing the location, course and alignment of the proposed
pipeline, including valve locations (existing and proposed), and all public ways in
which the proposed pipeline shall be laid, provided that the degree of accuracy
shall not be required to exceed the accuracy which can be practicably achieved
by using United States Geological Survey (USGS) maps.
(10) A statement that the pipeline will comply with the applicable standards required by this
article as well as all applicable federal, state and local laws and regulations; and
(11) A statement that the permittee shall, at any time in the future, where such pipeline or
portion thereof crosses or is laid within, under or across any street, road or utility right -of -way,
drainage way or public way existing or projected at the time the permit is issued, reposition such
3
pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at
the permittee's sole expense, when the city reasonably requires such action incidental to public
construction or public improvement: Construction, maintenance and improvement of streets,
water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give
the permittee prior written notice of the need for repositioning location, and such notice shall be
mailed certified mail, return receipt requested, to the permittee as designated in the application.
The permittee shall have six months to complete such repositioning.
(12) A statement that the permittee shall notify the director at least 48 hours prior to performing
any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or
maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the
city police department dispatcher as soon as practical but no later than one hour after
commencing repairs or maintenance.
The director expressly reserves the right to require the submission of additional information if
the director reasonably deems the information necessary to meet the requirements of this
article. Such supplemental information shall be submitted by the permittee to the director within
ten days, excluding weekends and city holidays, of the permittee's receipt of the director's
written request. While awaiting the requested information, the period in which the city must
process the application shall be suspended.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -236. City council consideration.
(a) Within 60 days from the date on which the official application is received at the official
address for the director, the director shall advise the applicant whether, based on the director's
professional judgment, the contemplated construction, relocation, replacement or reposition is in
compliance with this article. If the director does not deem the contemplated construction to be in
compliance with this article, the director shall notify the applicant, in writing, of any deficiencies
found.
(b) After the notice described in subsection (a) of this section is given to the applicant, the
director, based upon the assessment of the director and other city personnel, shall report to the
city council upon his examination of such application and plans, including such changes in the
plans as the applicant may have made upon his suggestion, with his recommendation as to the
granting or denying of the permit application, based upon compliance or noncompliance with
this article, at the next regularly scheduled city council meeting for which adequate notice may
be given. The director shall in such report and recommendation state whether the proposed
course or alignment of the pipeline and depth at which it is proposed to be laid thorough
undeveloped or unplatted areas is, to the extent economically feasible, consistent with the
probable future development of such areas, location and opening of future streets, and laying of
water, sanitary sewer, storm sewer lines, ditches and public utilities incident to such probable
future development.
(c) After the report and recommendation is made to the city council, the city council shall
consider approval or denial of the permit.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
4
Sec. 102 -237. Permits.
Upon approval, permits shall be executed in duplicate originals by the director. One
duplicate original shall be delivered to the permittee and the other shall be retained by the city.
A copy of the permit shall be conspicuously displayed at each point where the pipeline
construction, relocation or repositioning intersects any public street, right -of -way, easement or
public property within the corporate limits of the city.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -238. Permit transference.
Permits may be transferred after prior written notice to the director, on a form provided
by the director, which notice shall set forth the full name and address of the transferee, the full
name and address of the transferee's registered agent or owner (if an unincorporated entity)
and an agreement that the transferee shall be bound by all provisions of the application and
permit as originally acted upon and granted by the city. The transfer application shall be signed
by an authorized officer, owner or representative of both the transferor and transferee and shall
be accompanied by a non - refundable transfer fee.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -239. Permit fees.
(a) Every permit requested under the terms and conditions of this article, with the exception of
those permits necessitated due to a repositioning of a pipeline at the request or required by the
city or another governmental entity, shall provide for the payment by the applicant to the city of a
non - refundable application fee of $1,000.00 per pipeline.
(b) Every permit granted under the terms and conditions of this article shall provide for the
payment of an annual fee thereafter in the amount of $800.00 per pipeline per year, payable
annually in advance on or before July 1 of each year.
(c) Every permit transfer shall be accompanied by a non - refundable transfer fee of $300.00.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -240. Permit expiration.
(a) If construction, relocation or reposition of the pipeline does not commence within one year
from the date of the permit, the permit shall be void unless the permittee makes written
application for an extension. The city council may grant an extension for one additional year
only.
(b) Pipelines abandoned after the date of this article shall have their permit voided and shall
not thereafter be subject to the terms of this article except as follows:
(1) The owner or operator shall report to the director, in writing, the abandonment of a
pipeline that has been permitted in accordance with this article.
5
(2) All known abandoned pipelines shall be purged, disconnected from all sources or
suppliers of gas, hazardous liquids and chemicals and shall be capped or sealed
at each end within the city limits.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -241. Construction requirements.
All pipelines shall be constructed in accordance with the following guidelines:
(1) All pipelines shall be constructed in accordance with the latest applicable minimum
standards, if applicable, established by the United States Department of Transportation, Texas
Railroad Commission, or any other entity having regulatory authority over pipeline safety and
construction matters.
(2) All pipelines shall be buried to specified depths, as follows:
a. Pipelines which run under or within 20 feet of any street or streets and/or any
proposed street which has been designated on the master plan for the city or the
official city map of the city, shall be buried to a depth of at least six feet measured
between the top of the pipeline and the natural surface of the ground.
b. Pipelines which run under any ditch and /or drainage area or structure shall be buried
to a depth of at least five feet measured between the top of the pipeline and the
ultimate channel or structure depth. Permittee is responsible for determining the
ultimate depths from the appropriate agency and reporting said information with
permit application.
c. Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum
depth of four feet measured between the top of the pipeline and the natural
surface of the ground.
Provided further, if at any particular point or points the director determines that a greater or
lesser depth be required, such permit shall not be granted except upon agreement by the
permittee to comply with such depth requirement.
(3) All pipelines shall cross public streets, public properties and public rights -of -way as closely
as possible to a right (90 °) angle.
(4) All public streets, roads and ways in existence at the time of construction of a pipeline shall
be bored under and shall not be cut for the purpose of constructing, relocating or repositioning a
pipeline.
(5) All pipeline related excavations in any public right -of -way shall be backfilled in a manner
satisfactory to the city; and if after once refilling such excavation the earth within the excavated
area settles so as to leave a depression, the permittee shall be required to make further
necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide
drainage of the area.
6
(6) The permittee shall be required to repair all portions of any street across or along and
under which pipelines are laid and place the same in as good a state of repair and condition as
they were at the time the construction, repair or removal was commenced, such repairs to be to
the satisfaction of the city.
(7) Upon completion of the pipeline, the permittee shall provide the director with three as -built
(or record) drawings of the pipeline, showing the route, distances and shut -off valve locations.
These drawings shall be submitted in digital format acceptable to the city.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -242. Pipeline location.
(a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The
feasibility of locating new pipelines in established corridors in the city shall be considered from
the perspective of the pipeline owner or operator, taking into consideration the following:
(1) The availability and cost of corridor space;
(2) The availability and cost of right -of -way to and from the corridor;
(3) Technical, environmental, safety, efficiency and cost issues related to building, operating
and maintaining both the portion of the pipeline that would be located in the corridor and the
lengths of pipeline required to gain access to and from routing through a corridor;
(4) Any delays in right -of -way acquisition or pipeline construction that may result from routing
through a corridor;
(5) The availability of an alternative right -of -way to the owner or operator; and
(6) All other matters that a prudent pipeline owner or operator would consider in selecting the
route for a new pipeline.
Provided that the owner or operator has considered in good faith the use of existing corridors
within the city, the determination of the owner or operator as to the feasibility shall be
determinative, unless there is clear and convincing evidence that contradicts the conclusion of
the owner or operator.
(b) When it is not feasible for a new pipeline to be located within an existing corridor, the
pipeline should, to the extent practical:
(1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary
fragmentation of land and avoid diagonal routes that would create slivers of land between public
ways, except if following:
a. Manmade or topographical features is in the public interest;
b. Boundary lines or existing easements is impractical under the circumstances;
c. Boundary lines or existing easements poses safety concerns; or
d. Boundary lines or existing easements would not be feasible.
(2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas
and areas of historical or cultural significance, unless appropriate mitigation measures are
undertaken to the satisfaction of the director; and
7
(3) Avoid conflict with existing or planned urban developments as well as the location of
planned future streets and laying of planned water, sanitary sewer and storm sewer lines,
structures and ditches incident to such future development.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 182 -243. Liability.
A condition of granting any permit shall require the permittee to save the city harmless
from liability for injury or damage to any person or person's property caused by the construction,
relocation, repositioning, maintenance, operation, repair or removal of any part or all of such
pipeline within any public right -of -way or easement; and shall require the permittee to pay to the
city all damages caused to the city by construction relocation, repositioning, maintenance,
operation, repair or removal of such pipeline or any part thereof.
(1) Except in an emergency, the permittee shall notify the director 48 hours before
commencing at any time excavation in any portion of any said unpaved or unimproved street,
and not wholly close any street, but shall at all times maintain a route of travel along and within
such roadway area, to the extent such travel was allowed prior to the excavation.
(2) In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, permittee
may, at its own responsibility and risk make necessary emergency repairs, notifying the city
police dispatch of this action as soon as practical, but not later than one hour after commencing
repairs or maintenance.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 182 -244. Insurance and bonding requirements.
(a) Under this article, a permittee must furnish, prior to any construction, repair, adjustment,
relocation, reposition or replacement, and shall further maintain at all times during the life of the
permit, commercial general liability insurance for bodily injury and property damage, including
explosion, collapse and underground hazard, coverage in the minimum combined single limit
amount of $1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee
in the public way in the jurisdiction. Such policy shall name the city, its officers, agents and
employees as additional insureds.
(b) A certificate of insurance specifying the coverage required in subsection (b) of this section
with an insurance company having acceptable insurance rating shall be furnished to the director
prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30
days prior written notice for the termination or modification of the required insurance shall be
given to the city.
(c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial
responsibility which demonstrates the applicant's qualifications as a self- insurer. Such evidence
may take the form of the most recent corporate financial report which is acceptable to the city
council as giving assurance of the applicant's financial ability to comply with the requirements of
this section.
0
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -245. Pipeline permit updates.
It shall be the responsibility of the permittee to provide, in writing, updated information on
the following aspects of each permit:
(1) Name and mailing address of the pipeline owner.
(2) Name and telephone number of two officers or persons available on a 24 -hour basis who
can furnish or obtain immediately, information as to the pressure at the point or points of input
nearest to the city and the common name of the commodity carried by the pipeline.
(3) A description of the commodity(s) being transported through the pipeline. A copy of the
material safety data sheets for the commodity(s) shall be included with the update if the owner
or operator is required by federal or state law to have material safety data sheets available.
This information will be provided with the annual update or upon transference or any change in
ownership.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -246. Pipeline signs.
Every pipeline, new or existing, within the corporate limits of the city shall bear at all
times, in plain, indelible lettering, signs denoting the ownership of said pipeline, permanently
affixed in the pipeline right -of -way where said pipeline rights -of -way cross public streets, public
properties or public rights -of -way.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
Sec. 102 -247. Penalties.
Any violation of any section, subsection or part of this article shall be deemed a
misdemeanor and such violation thereof during all or any portion of any day shall be a separate
offense and misdemeanor; and upon final conviction, every person, firm, association,
corporation or partnership guilty of such violation shall be fined in a sum not more than
$2,000.00 per each day of violation.
(Ord. No. 2004 -2755, § 1, 7- 12 -04)
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 14, 2011
Requested By Heather Weger
Department:
Human Resources
Report Resolution: Ordinance:
Exhibits: Consultant Presentation
Exhibits: Summary of Recommended Changes
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the September 26 "' City Council Meeting, the Council directed the Chapter 172 Committee to explore
alternatives to increasing out of network deductibles and increasing premiums to the PPO 500 plan. While
exploring alternatives, the Chapter 172 Committee set paramters for options that the Chapter 172 Committeere
brought to the table for discussion. The parameters the Chapter 172 Committee worked under were to make sure
the option minimized impact to current employees, maximized savings and was sustainable long term. Working
within those parameters, the Chapter 172 Committee considers the best option to be increasing the out -of-
network deductibles for the Healthfund 1000 and PPO 500 plan to $3,000 for the individual deductible and
$9,00 for the family* deductible to bring them in line with the Healthfund 1500 plan and making no changes to
in- network benefits. The deciding factors for the Chapter 172 Committee to choose Aetna as our third party*
administrator for our medical plan was because of the discounts they have with in network providers and the
number of in- network providers they have in this area. Currently* the City is receiving on average a 60%
discount on in network claims, so if an employee goes to an out- of- netowrk provider the City and employee are
seeing an increase in cost by at least 40 %. By increasing only the out -of- network deductibles, the Chapter 172
Committee hopes to make the in- network choices more attractive to employees as well as encouraging
employees to become more cost conscious about their health care provider choices. If employees use in-
network providers, they will not be affected by the increase in the Out -of- Network deductibles. Aetna has
almost 2,600 in network providers in this area.
At Council's direction, the Chapter 172 Committee also explored the option of implementing a two -tier system
in which employees who are hired after Januaiv 1, 2012 would only have the option of enrolling in one of the
HealthFund plans. The data did not show the additional costs to be related to new employees in the PPO 500
plan. In fact, the data did not show the additional costs to be related to new employees at all. It showed the
large claims to come from employees who have been on any of the plans since 2001. For these reasons, the
Chapter 172 Committee concluded this was not the best recommendation to achieve the greatest cost savings,
and have long term sustainability. The Chapter 172 Committee also believes the implementation of two -tier
system will have a negative impact on employee morale in the future.
At the Chapter 172 meeting held on October 25 "' the Chapter 172 Committee voted to recommend increasing
the out -of- network deductibles to Council as this option brings the most long -term, sustainable savings to the
City's medical fund and has the least impact to employees. The recommendation by the Chapter 172 Committee
is to make this plan modification effective Jamny 1, 2012. If Council chooses to pass this recommendation,
Human Resources will hold another two week open enrollment period for employees who would like to switch
plans prior to the Januaiv I" effective date. Although all plans will have the same out -of- network benefits, it
would only* fair since we have made a change to plan design to allow employees the option of switching plans if
they choose.
The annual cost savings for increasing the out -of- network deductibles is an estimated $174,341.
Action Required by Council:
Approve the Chapter 172 Committee's recommendation for increasing out -of- network deductibles to the
HealthFund 1000 and the PPO 500 plans.
Approved for City Council A6enda
Steve Gillett, Interim City Manager
Date
.,�,��
ax. i
r
_ TEx
Table of Contents
I. Health Plan Cost Drivers
II. Recommendations Passed on September 26, 2011
III. Out -Of- Network Deductible Examples
IV. Analysis of 2 -Tier Proposal
V. Concluding Comments
Cost Drivers —' 10 vs. 'It
Network & Pharmacy
Non -Par Facility Utilization
Non -Par Professional Utilization
Baytown
1
1151
48
$177,818.76
$3,704.56
$1,546.25
$351.39
$201.53
New York
4
88
22
$12,424.69
$564.76
$141.19
Baytow n
20
28
25
$10,649.73
$425.99
$380.35
307.12
237.84
Marinette
12
20
12
$7,822.20
$651.85
$391.11
307.12
237.84
La Porte
14
29
15
$6,899.79
$459.99
$237.92
215.79
62.85
Nassau Bay
14
26
19
$6,597.13
$347.22
$253.74
717.29
567.53
Houston
2
12
4
$6,024.90
$1,506.23
$502.08
125.07
49.37
Dickinson
6
23
7
$5,192.13
$741.73
$225.74
717.29
567.53
Nassau Bay
i 8
16
10
$4,974.401
$497.441
$310.901
307.121
237.84
Total Non Par Prof Fees (incl. Providers <$5,000): 1 $343,279.15
Chapter 1 7 2 Committee R e c o m m e n d a do n R
Passed b y City C on
September 2 6 th 2011
Changes for 2012
1.
2.
3.
H
Modified plan to pay out -of- network benefits at 105% of Medicare allowable
for professional and 140% of Medicare allowable for facility
Increasing the coinsurance for out of network benefits from 40% to 50% for
both Healthfund plans
Increasing the copay for formulary brand name drugs from $25 to $30
Increasing the copay for non - formulary brand name drugs from $50 to $60.
Out o f Network D e d u c t i b l e Examples
Allowed
Non - Network
Total EE
Ded.
Billed Amt
Copay Amt to Ded
EE Coins
Ded.
Billed Amt
Plan Paid
Copay
Amt
Paid
Remain
ER Charge $ 1,001.00
$ 380.95
$ 150.00 $ -
$ -
$150.00
$
500.00
$ 230.95
ER Ph ys $ 298.00
$ 128.14
$851.00
$ -
$ -
$
500.00
$ 128.14
$ 1,299.00
$ 509.09
$ 150.00 $ -
$ -
$150.00
$
500.00
$ 359.09
Non - Network
Allowed
Total EE
Ded.
Billed Amt
Copay
Amt to Ded EE Coins
Plan Paid
Amt
Paid
Remain
$1,001.00
$1,001.00
$150.00
$0.00 $0.00
$150.00
$1,000.00
$851.00
$298.00
$298.00
$0.00'
$0.00 $0.00
$0.00
$1,000.00
$298.00
$1,299.00
$1,299.00
$150.00
$0.00 $0.00
$150.00
$1,000.00'
$1,149.00
In- Network
Non- Network
Billed Amt
Allowed
Copay Amt to Ded
EE Coins
Total EE
Ded.
plan Paid
Billed Amt
Amt
Copay
Amt to Ded EE Coins
Paid
Remain
Plan Paid
Office Visit $200.00
$98.78
$40.00 $0.00
$0.00
$40.00
$500.00
$58.78
Surgery $225.00
$90.94
$0.00 $0.00
$0.00
$0.00
$500.00
$90.94
$425.00
$189.72
$40.00 $0.00
$0.00
$40.00
$500.00
$149.72
Non- Network
Allowed
Total EE
Ded.
Billed Amt
Copay
Amt to Ded EE Coins
Plan Paid
Amt
Paid
Remain
$200.00
$200.00
$0.00
$200.00 $0.00
$200.00
$800.00
$0.00
$225.00'
$225.00
$0.00
$225.00 $0.00
$225.00
$575.00
$0.00
$425.00
$425.00'
$0.00
$425.00 $0.00
$425.00
$575.00
$0.00
CYO'
Non - ;Network
s
Jc•t
TE]iCP
t
Example #3
Non - ;Network
In- Network
Billed Amt
Allowed
Copay
Amt to Ded !
Allowed
Total EE
Ded.
Plan Paid
Total EE
Ded.
Billed Amt
Paid
Copay
'Amt to Ded '
EE Coins
$23,611.00
$0.00
Plan Paid
$7,000.00
$7,575.00
Amt
$16,036.00
$2,188.00
$2,188.00
Paid
Remain
$0.00
Hos p
$23,611.00
$5,036.85
$100.00
$500.00
$887.37
$1,487.37
$0.00
$3,549.48
Septum Surg
$2,188.00
$606.64
$0.00
$0.00
$121.33
$121.33
$0.00
$485.31
Tu rb. Su rg
$1,520.00
$423.05
$0.00
$0.00
$84.61
$84.61
$0.00
$338.44
La b -Path
$66.00
$30.55
$0.00
$0.00
$6.11
$6.11
$0.00
$24.44
La b -Path
$195.00
$102.36
$0.00
$0.00
$20.47
$20.47
$0.00
$81.89
Anesthesia
$643.50
$478.80
$0.00
$0.00
$95.76
$95.76
$0.00
$383.04
$28,223.50
$6,678.25
$100.00'
$500.00
$1,215.65
$1,815.65'
$0.00
$4,862.60
Non - ;Network
Billed Amt
Allowed
Copay
Amt to Ded !
EE Coins
Total EE
Ded.
Plan Paid
Amt
Paid
Remain
$23,611.00
$23,611.00
$0.00
$575.00
$7,000.00
$7,575.00
$0.00
$16,036.00
$2,188.00
$2,188.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,188.00
$1,520.00
$1,520.00
$0.00
$0.00
$0.00
$0.00
$0.00
$1,520.00
$66.00
$66.00
$0.00
$0.00
$0.00
$0.00
$0.00
$66.00
$195.00
$195.00
$0.00
$0.00
$0.00
$0.00
$0.00
$195.00
$643.50
$643.50
$0.00
$0.00
$0.00
$0.00
$0.00
$643.50
$28,223.50
$28,223.50
$0.00
$575.00
$7,000.00
$7,575.00
$0.00
$20,648.50
In- Network
Billed Amt Allowed Amt Copay Amt to Ded EE Coins Total EE Paid Ded. Remain Plan Paid
Total $29,947.50 $7,377.06 $290.00 $500.00 $1,215.65 $2,005.65 $0.00 $5,371.41
Non- Network
Billed Amt Allowed Amt Copay Amt to Ded EE Coins Total EE Paid Ded. Remain Plan Paid
$29,947.50 $29,947.50 $150.00 $1,000.00 $7,000.00 $8,150.00 $0.00 $21,797.50
$16,426.09 Difference for the same claim!
�y,
Analysis of " 2 - Tier " Proposal
z
Executive Summary
Overview
• The City has asked McGriff, Seibels & Williams for
information to assist in determining whether to freeze
enrollment in the PP0500 plan, allowing new employees
only to enroll in the HF 1000 or HF 1500
Enrollment Pattern
Executive Summary (cont'd)
Enrollment Pattern (cont'd)
• Older new hires do not tend to favor PPO500 more than
younger new hires. For the period of 2001 -2011, the
PPO500 average age of new hires exceeded the overall
average age of new hires in 6 of 11 years
Claims Pattern
• During the previous 12 months claims paying period, only 2
PPO 500 members who have joined the plan since 2001 had
claims exceeding $10,000; there were 6 from the HF 1000,
and 2 from the HF 150 who met that threshold.
A A A
{ 'P
y
Executive Summary
Claims Pattern
• For the previous twelve month period, claimants who joined
PPO500 since 1 /1 /2001 accounted for $25,201 of $673,031
of total PPO500 claims for members whose totals were
$10,000 or more. The remaining $647,830 in PPO500 large
claims were from individuals that have been on the plan
since prior to 2001.
• The HF1000 Claims were $86,758 vs.$563,554, and the
HF 1500 were $31,041 vs. $0
Executive Summary (cont'd)
Conclusion
• The claims and enrollment data do not indicate that the
PP0500 is being adversely selected against by employees
who have been hired by the City since January 1, 2001.
90
80
70
60
50
40
30
20
10
0
1! 1'
Plan Selection by Year of Hire
o o' ot` o� o`ti oN oN
r , , , , r o �
PPO500
HF 1 000
HF 1500
t
-' }, { � ,
c�
ti-
TE.,
Average Age of Plan Selection by Year of
Hire
70
60
50
40
30
20
10
0
PPO500
HF 1000
HF 1500
t3 { Ffff y i tRf}
�' f
ti
# Claims > $10,000 by Year of Hire
16
14
12
10
8
6
4
2
0
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N
PPO500
HF 1 000
HF 1500
Total Paid for Claims > $10,000 by Plan
and Year of Hire
700000
600000
500000
400000
300000
200000
100000
0
O O O O O O O O O O O O
N N N N N N N N N N N N
PP0500
ffHF1000
HF 1500
Questions a n d Comments
Summary of Recommended Changes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11 -14 -11
Requested By: Kenith Adeox
Department: 1 OW0
Report: Resolution: Ordinance X
Exhibits: Draft Ordinance — Amending Chanter 14
Code of Ordinances - Animals
Final Ordinance — Amending Chanter 14 Code
of Ordinances - Animals
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On October 24, 2011 City Council discussed the tethering of animals within the City of La Porte.
Following the discussion, staff was directed to amend Chapter 14 of Code of Ordinances,
"Animals ", in order to make it unlawful to tether a dog or cat within the City of La Porte. A
draft of the recommended changes is attached to this request.
New key provisions of the ordinance include:
• Any dogs confined within a fenced yard must have an adequate space for exercise based
on a dimension of at least one hundred (100) square feet per animal;
• For any dogs housed or kept on property without a fence, owners must provide an
enclosure meeting the 100 square yards per animal requirement and shelter for the animal
from the elements;
• Prohibiting tethering any dog or cat, with the exception of a dog or cat tethered for a
reasonable period, not to exceed three hours in a 24 -hour period, and in no case longer
than is necessary for the owner to complete a temporary task that requires the animal to
be tethered.
Action Required by Council:
Consider for approval an Ordinance amending Chapter 14, Code of Ordinances.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 14, "Animals," Article I "in General ", Section 14 -1 "Definitions" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following
definitions, to be included in proper alphabetical sequence, to wit:
"Sec. 14 -1. Definitions
Running at Large off the premises means any dog which is not restrained by means of a leash or
chain of sufficient strength a teurag not more than six feet in length,ldy to p
chr PIcn ccldy, c Ipcbl; saki t to control the actions of such animal
while off the premises;, any cat which is off the owner's property.
Running at large on the premises means any dog not confined by the premises of the owner by a
substantial fence of sufficient strength and height to prevent the animal from escaping therefrom.
owner's agent shall not be deemed at large.
Section 2. Chapter 14, "Animals," Article III "Dogs and Cats ", Division 1 "In General ",
Section 14 -3 "Duties of Owners and Persons in Control and Protection of Animals" of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14 -3. - Duties of owners and persons in control and protection of animals.
It shall be unlawful for any owner or person to:
(1) Fail to prevent any animal from running at large within the corporate limits of the city
(2) Perform, do or carry out any inhumane treatment against any animal.
(3) Interfere with or molest any dog used by the police department of the city in the
performance of duty of such department.
(4) Keep, possess, own, control, maintain, use or otherwise exercise dominion over any
animal which by reason of noise, odor or sanitary conditions become offensive to a
reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or
becomes a health hazard.
(5) Keep or harbor any dangerous or vicious animal within the corporate limits of the city
Section 3. Reference is here made to Title 10, "Health and Safety of Animals ", Chapter 821
through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between
the terms and provisions of Chapter 14 of the Code of Ordinances of the City of LaPorte, and Title
10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety
Code shall prevail, to the extent of such conflict.
Section 4. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
(6) Keep, maintain, own or operate a dog kennel or cat kennel in any residential district
within the corporate limits of the city.
Section 5. 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 6. Any person who violates a provision of this ordinance, upon conviction in the
municipal court of the City of La Porte shall be subject to fine not to exceed five hundred
($500.00). Each day of violation shall be considered a separate offense.
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, 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 contacts and posting thereof.
Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance, in accordance with the City of La Porte Charter.
PASSED AND APPROVED, this the day of 1 2011.
CITY OF LA PORTE
WN
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, TEXAS, REGARDING REGULATION OF ANIMALS;
PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 14, "Animals," Article I "in General ", Section 14 -1 "Definitions" of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding the following
definitions, to be included in proper alphabetical sequence, to wit:
"Sec. 14 -1. Definitions
Running at Large off the premises means any dog which is not restrained by means of a leash or
chain of sufficient strength and measuring not more than six feet in length, held by the owner or
other a person in custody of, or responsible for, said dog, to control the actions of such animal
while off the premises; or, any cat which is off the owner's property.
Running at large on the premises means any dog not confined by the premises of the owner by a
substantial fence of sufficient strength and height to prevent the animal from escaping therefrom.
Any dogs confined within a fenced yard must have an adequate space for exercise based on a
dimension of at least one hundred (100) square feet per animal. Provided further that where dogs
are kept or housed on property without a fenced yard, the owner of such dogs or persons having
custody of such dogs shall provide an enclosure for such dogs meeting the one hundred (100)
square feet dimension minimum per animal. Such enclosure shall be constructed of chain link or
similar type materials with all sides enclosed. The enclosure shall be of sufficient height to prevent
the dog from escaping and must include Shelter, as defined herein, for the animal(s). Any animal
within an automobile or other vehicle of its owner or owner's agent shall not be deemed at large.
,Shelter means a stricture capable of allowing the animal to remain dry and protected from the
elements. Such shelter shall be fully enclosed on three sides, roofed and have a solid floor. The
shelter shall be large enough to allow the animal to stand, turn around comfortably, and lie down
without touching the sides or roof. The enclosure shall be structurally sound and in good repair.
Tether means to restrain an animal by tying to any stationary object or stricture, including but not
limited to a house, tree, fence, post, garage or shed, by any means, including, but not limited to, a
chain, rope, cord, leash or pulley /running line, but shall not include the use of a leash held by the
owner or other person in custody of or responsible for the animal."
Section 2. Chapter 14, "Animals," Article III "Dogs and Cats ", Division 1 "In General ",
Section 14 -3 "Duties of Owners and Persons in Control and Protection of Animals" of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended to hereafter read as follows, to wit:
"Sec. 14 -3. - Duties of owners and persons in control and protection of animals.
It shall be unlawful for any owner or person to:
(1) Fail to prevent any animal from running at large within the corporate limits of the city.
(2) Perform, do or carry out any inhumane treatment against any animal.
(3) Interfere with or molest any dog used by the police department of the city in the
performance of duty of such department.
(4) Keep, possess, own, control, maintain, use or otherwise exercise dominion over any
animal which by reason of noise, odor or sanitary conditions become offensive to a
reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or
becomes a health hazard.
(5) Keep or harbor any dangerous or vicious animal within the corporate limits of the city.
(6) Keep, maintain, own or operate a dog kennel or cat kennel in any residential district
within the corporate limits of the city.
(7) Tether any dog or cat, with the exception of a dog or cat tethered for a reasonable
period, not to exceed three hours in a 24 -hour period, and in no case longer than is necessary
for the owner to complete a temporary task that requires the dog to be tethered."
Section 3. Reference is here made to Title 10, "Health and Safety of Animals ", Chapter 821
through Chapter 828, of the Texas Health and Safety Code. In the event of any conflict between
the terms and provisions of Chapter 14 of the Code of Ordinances of the City of LaPorte, and Title
10 of the Texas Health and Safety Code, the provisions of Title 10 of the Texas Health and Safety
Code shall prevail, to the extent of such conflict.
Section 4. If any provision, section, subsection, sentence, clause, or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance that no portion hereof or provision or
regulation contained herein shall become inoperative or fail by reason of any unconstitutionality,
vividness or invalidity of any other portion hereof, and all provisions of this ordinance are declared
to be severable for that purpose.
Section 5. 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 6. Any person who violates a provision of this ordinance, upon conviction in the
municipal court of the City of La Porte shall be subject to fine not to exceed five hundred
($500.00). Each day of violation shall be considered a separate offense.
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, 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 contacts and posting thereof.
Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance, in accordance with the City of La Porte Charter.
PASSED AND APPROVED, this the day of 1 2011.
CITY OF LA PORTE
M.
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested November 14, 2011
Requested By C'_ AskinsTatrice Fogarty
Department: City tc cro ,
Report X Resolution: Ordinance
Exhibits: Draft Capital Expense Reimbursement
Interlocal Agreement
Exhibits: Draft Fee for Services Interlocal Agreement
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the October 24, 2011, City Council Meeting, Council approved the purchase of the Hart
Voting System election equipment and authorized the Mayor to sign and enter into a Master
Agreement and Warranty, Support and License Agreement with Hart InterCivic on behalf of the
City of LaPorte.
Attached for Council's consideration are two draft versions of an Interlocal Agreement for Joint
Elections between the City of LaPorte, La Porte Independent School District and San Jacinto
College District establishing the procedures, division of responsibilities, and sharing of costs for
annual joint elections and necessary runoff elections. Both entities have agreed to reimburse the
City of La Porte in some fashion.
One draft agreement is a Capital Reimbursement Agreement, and the other is a Fee for Services
Agreement.
Under the proposed Capital Reimbursement Agreement, both San Jacinto College District and
La Porte ISD will reimburse the City their respective percentage over a six -year installment plan,
commencing on January 2, 2012, and on January 2" a of each calendar year thereafter. In addition
to their installments for equipment, the entities would be responsible for their pro rata share of
programming services, maintenance, supplies, and other administrative costs of an election.
After the conclusion of the installments, the entities will only be charged their pro rata share of
programming services, maintenance, supplies, election judges and clerks, and administrative
costs of the election. The City of La Porte will maintain ownership of all equipment.
Under the Fee for Services Agreement, again, the City of La Porte maintains ownership of the
equipment; and the entities would lease the equipment from the City much as they do now from
Harris County. The entities would pay their pro rata share of all costs of the election, including
leasing of the equipment. The Fee for Services Agreement is patterned after Harris County's
agreement with entities, and provides for equipment, programming, supplies, administrative
duties, election judges and clerks, maintenance, and services as did Harris County agreements in
the past.
Action Required by Council:
Discussion or other action on proposed options for a joint election agreement between the City of
LaPorte, the LaPorte Independent School District and San Jacinto College. After Council's
direction, staff will begin working out the agreement with the other entities.
Approved for City Council Agenda
Steve Gillett, Interim City Manager Date
INTERLOCAL AGREEMENT FOR JOINT ELECTIONS
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement made and entered into by and among the CITY OF LA PORTE
(hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL DISTRICT (hereinafter
"LPISD "); and SAN JACINTO COLLEGE DISTRICT (hereinafter "COLLEGE ").
W I T N E S S E T H:
1a.This Agreement is made and ente red into under the authority of the Te xas
Interlocal Cooperation Act, codified as Chapter 791, Texas Government Code,
and Chapter 271, "Joint Elections ", of the Texas Election Code. The purpose
of this Agr eement is to establ ish the proc edures, division o f
responsibilities, and sharing of costs, for annual joint elections of officers
of the parties hereto on the t- second Saturday in May of each year, and
any necessary runoff elections, commencing on the t- second Saturday of
June 2999 2012 A party to this Agreement which cancels its own election
due to unopposed candidates, pursuant to Section 2.051, et. seq., Texas
Election Code, shall have no further obligations under this Agreement after
the date of cancellation, for such election year, (except capital expense
reimbursement as provided in Paragraph 1b hereof) other than to continue to
provide its physical facilities as provided for herein (and not otherwise
prohibited by law). The non - canceling parties shall continue to perform
their respective obligations under this Agreement. This Agreement shall not
be applicable to special elections held by a party hereto.
DRAFT -- 11.07.11 CAPITAL EXPENSE REIMBURSEMENT, REDLINED VERSION
1.b Harris County has advised the parties to this Agreement, that it will be unable
to furnish election booths and electronic counting machines, in even numbered
years, due to provisions of Texas Senate Bill 100, which changed the date of
party primary elections. The parties to this Agreement have determined that
it would be in the public interest of the citizens and voters in each of their
respective jurisdictions, for LA POR TE to purchase election booths and
electronic counting machines, which are on the approved list of the Texas
Secretary of State, to utilize in the conduct of the joint elections. The
anticipated capital expense by LA PORTE to purchase such election equipment,
together with maintenance and software updates, is $88,908.00.
The parties agree that LPISD and COLLEGE shall reimburse LA PORTE, annually,
for a period of six (6) years, the following respective annual percentages
of the total capital expense incurred by LA PORTE, to -wit:
i.LPISD shall reimburse LA PORTE 40% of the total capital expense, in six (6)
annual installments commencing on January 2, 2012, and on January
2nd of each calendar year thereafter, for a total of six (6)
years, which annual installment is calculated at
$5927.20
ii.COLLEGE shall reimburse LA PORTE 20% of the total capital expense, in six
(6) annual installments commencing on January 2, 2012, and on
January 2nd of each calendar year thereafter, for a total of six
(6) years, which annual installment is calculated at —,^��.
$2,963.60.
The provisions of this Paragraph 1b shall supersede any contrary
provisions of this Agreement, including, but not limited to, the provisions
of this Agreement which provide that a party canceling its election due to
unoiDiDosed candidates, iDursuant to Section 2.015, et. sea., Texas Election
Code, shall have no further obligations under this Agreement after the date
of cancellation for such election year, other than to continue to provide its
physical facilities as provided for herein (and not otherwise prohibited by
law) .
1. c It is agreed among the parties that LA PORTE will hold exclusive title to and
have full ownership rights in the election booths and electronic countin
machines made the s ublect of th is paragraph. However, subject to the
forecroincr, COLLEGE and LPISD, in consideration for pavment to LA PORTE, shall
have the right to share in the use of said ecfuipment in all joint elections
and furthermore, in elections for which LA PORTE does not participate due to
sed candidates, LA PORTE shall provide ballot proQramminQ and Hart
support, as well as the election booths and electronic counting machines.
2. The annual joint election shall be conducted at the seven (7) election
precincts described on Exhibit "A" attached hereto and incorporated by
reference herein. Early voting place for LA PORTE, LPISD, and COLLEGE, shall
be at La Porte City Hall. LA PORTE shall conduct elections for itself, LPISD,
and COLLEGE, at Precincts 1 through 7, both inclusive. In the event that LA
PORTE, LPISD, or COLLEGE shall cancel its or their election, the polling places
for the remaining entities shall remain the same.
3. Each entity shall conduct its own candidate filings; drawings for places on
its ballot; posting and publication of election notices; receipt of campaign
finance reporting; and any other actions required of the entity by the Texas
Election Code, except as herein provided. LA PORTE shall assume
responsibility for the conduct and administration of the annual joint
election, on behalf of all of the parties to this Agreement, including to 1)
arrange for printing of ballots; 2) provide fe~ Laent., f election booths and
electronic counting machines; 3) appoint and compensate judges and clerks;
3
4) conduct early voting; 5) serve as tle Central Counting Station to receive
all ballots cast in elections held by any of the parties to this Agreement;
and 6) arrange for all other matters necessary for the conduct of its own
election and the other parties to this Agreement, if LA PORTE is holding an
election. The costs and expenses incurred by LA PORTE in administering the
joint election, including the cost of operating the Central Counting Station
for processing and tabulating ballots of all parties holding an election,
shall be allocated among the participating parties to the Agreement, on a
prorata basis, as provided in Paragraph 6 of this Agreement.
4. If LA PORTE is not holding an election pursuant to Section 2.051 et. seq.,
Texas Election Code, LA PORTE shall not be responsible for any of the duties
established under Paragraph 3 of this Agreement, (except LA PORTE shall
iDrovide ballot 1Drocrrammincr and Hart suiDiDort, election booths and electronic
counting machines) including the operation of a Central Counting Station for
processing and tabulating ballots of all parties holding an election. In the
event of a cancelled election, another qualifying party to this Agreement
shall be responsible for all administration of the election, including
operating as a Central Counting Station, pursuant to the following schedule:
If LA PORTE is not holding an election, LPISD shall be responsible for
arranging all matters necessary for the conduct and administration of the
election for election year 2919 2012 and all elections taking place in even
numbered years, thereafter. For the election in 29092013 and all elections
taking place in odd cumbered years thereafter, beginning with said 2999 2013
election, COLLEGE shall be responsible for arranging all matters necessary
for the conduct and administration of the election, e in the event LA PORTE
cancels its election.
5. Regardless of which party is responsible for the conduct and administration
II
of an election under Paragraph 3 of this 4reement, it is rewired that every
party shall be individually responsible for making the necessary filings with
the U.S. Department of Justice under the Federal Voting Rights Act, f or
pre- clearance of the change in election date; joint election procedure; and
the establishment of precincts, for their respective jurisdictions.
6. Common expenses of the joint election shall be prorated among the parties
incurring and benefiting from such expenditures. Expenses shall include all
necessary disbursements, such as ballot printing, programming support and
supplies, judges and clerks. In each case in which it is respmsible for the
conduct and administration of the election, LA PORTE shall invoice LPISD
and /or COLLEGE, as applicable, for their prorata portions of such joint
expenses, which invoice shall be due and payable within thirty (30) days of
receipt thereof. Under the terms of the Texas Election Code, no charge shall
be incurred for use of public buildings conduct an election. The parties
shall may meet following each election, beginning with tle 2999 2012 election,
to review the administration and expenses of the joint elections.
7. This Agreement shall be effective January 1, 2909 2012 for the 2909 2012
general election of officers by the parties hereto, and ary necessary runoff
elections and continue thereafter for a six (6) vear term exiDirincr December
31, 2017. This Agreement shall automatically renew thereafter on a year to
year basis. A paEty to t h i s T om- - - ---- 1 - t h e i r — w f:Laei: this AgLaeel:ftent by
E j - T---- L admtt -- --- to a ll e f the ,.theL laaEt- s he ete r —9t3 eLabefe Bee R,he
8. This Agreement has been approved by the respective governing boards of the
parties hereto. Payments hereunder shall be from current revenues available
to the paying party.
5
WITNESS OUR HANDS, effective January 1, 2909 2012.
By:
ATTEST:
Patrice Fogarty
City Secretary
By:
ATTEST:
Secretary
By:
ATTEST:
Secretary
Louis R. Rigby, Mayor
LA PORTE INDEPENDENT
SCHOOL DISTRICT
President, Board of Trustees
SAN JACINTO COLLEGE DISTRICT
President, Board of Trustees
I
STATE OF TEXAS
COUNTY F FLARRIS
This Agreement
II IN Will
_.
r-lection precincts described on Exhibit "All attached hereto and
incorporated by reference herein. Early voting place for LA
PORTE, LPISDi, and COLLEGE, shall be at La Porte City Hall. LA
7
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51
By
L - Oud' - S - R. - Rigby, Mayor
Patrice Fogarty
City Secretary
A
F
Tvg�
Secretary
:
9
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WITNESS OUR HANDS, effective Tanuary 1, 2012.
CITY OF LA PORTE
By:
LOUS R. Rigby, Mayor
Patrice Fogarty
City Secretary
By:
President, Board of Trustees
Secretary
w
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REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 11 -14 -11
Requested By: Denise Mitrann
Department: Municipal Court
Report: X Resolution: Ordinance
Exhibits: Power Point Presentations
Budget
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Municipal Court Judge Denise Mitrano, Court Administrator Lynda Kilgore, and Director of
Alternative Behavior James Odom will be present to brief the Council on the innovative and
cooperative methods utilized by the Court for juvenile offenders.
Action Required by Council:
None.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
EDUCATION
James W, Odom Wrector
www.alternativebehavior.org
Nu
w JOEP-JUVENILE OFFENDER EDUCATION
PROGRAM
Anger Management
v- Detillinquent Behavior
-v Gang Awareness
-v Tohacco A wmareness
2N
• HCJPD-HARRIS COUNTY JUVENILE PROBATION
DEPARTMENT
Consequences
Uf -,hoice
OLM
" 9 9 1 9 1
Nu
IMPAU�-CAMPUS INTERVENTION PROGRAM
0, Pasaderva ISU.
� mwa M. al m • m I
I
vo La Porte High Sohol
Porte Junior High
, K Lomax Junior High
-,- Dewalt Alternative Sch,(>Gl
2N
MULTI-AGENCY APPROACH
0 La Porte Independent School Di'stric]
ME ,
mmm=mm M=
® Coim!,imiuni'll'ty Youth Servt*t'ces
m
PROGRAM. GOALS
Increase the knowledge of gangs arno)ngst program
partners and schGat distrilct personnel
OUTCOMES (09-2011)
NUfflows 0=09SM41
lilpliq llpqpq��
=9"au-921 ".11
Program model presented at the 2011 Texas School
Based Law Enforcement Cictrnference Corpus Christt
EDUCATION
James W, Odom Wrector
www.alternativebehavior.org
But the little court, though very
beautiful, was very, very sad.
group of smart-mouthed,
precious little darlings
coming to this beautiful
Here was a
know-it-all,
who kept
little court.
decided that these little
darlings needed to be held
accountable for their actions!
t
� 4
eV 4 � f t� "� 1
*R RESPONSIBILITY
O OPPORTUNITY
C CONSEQUENCES
*K KNOWLEDGE
sentencing for juveniles who are guilty
of Class C Misdemeanors. These
criminal charges can become part of a
juvenile's permanent criminal record.
� Alternative sentencing programs such
as the "Rock Program" allow the
juveniles opportunities to keep these
charges off of their record.
xf The purpose of the "Rock Program" is
to provide a form of alternative
The juvenile may be laced p
probation and the f ollowing
terms of probation:
on 180 day
are possible
The "Rock Program"
Anger Management Classes
Alcohol Awareness /Tobacco Awareness and
brug Awareness Classes
• Gang Awareness Classes
• Letters of Apology /Restitution
i 1 n` n LOP LOP I V V % V 1 T'1 n` n r i Lop 10 T'1 V %m .
Once n juvenile is
assigned to the
"Rock Program ", it
becomes n
community project.
PROGRAM:
La Porte Municipal Court -
"Rock Program" -
6ACODA - Frankie BuQQs and Officer Bennie Boles
Matt Parson Sgt. Marcus Upchurch
La Porte, High School - Jason McConnel, Asst. Principal &
ORGANIZATIONS INVOLVED IN THE
Kenney- Know -It -All decided to
drink alcohol after the football
game on Friday night. Officer
Larkey decided to show him the
error of his ways.
Kenney will appear before Judge
Mitrano with his parent or
guardian and have to face the
consequences of his actions.
Judge Mitrano may order him to
attend an alcohol awareness
class and assign him to the
"Rock Program."
I I v V
i 1
-�„ The Juvenile is assigned to the "Rock
Program" and is ordered by the Judge to
attend class room sessions and perform
community service depending on the
violation.
The classroom sessions are on a Saturday
morning from 8:00 a.m. until 12:00 noon.
In some cases the parents are ordered to
participate.
_- Community service hours are assigned
depending on the violation.
¢ r
r Twilight Cemetery Cleanup
North side Cleanup
a Placed flags on graves at cemetery on patriotic
holidays
Coat Drive and Toy Drive at Christmas
o Weeding at the Municipal Court and Police Station
o Cleanup of walking trail at Little Cedar Bayou Park
a Cleanup under Fred Hartman Bridge
Participation in Trash Bash
Sylvan Beach Cleanup
Sanitizing benches, chairs, doors at MC during flu
season
a Gang Awareness
* Drug Awareness
* Drinking and Driving
9 Tobacco Awareness
o Distracted Driving
e Texting and Driving
* Bullying
* Anger Management
* Truancy
Consequences of Actions
Making Smarter Choices
Peer Pressure
40,11 Making the Grades
GED
Juvenile Detention
Feelings & Emotions
Relationship with Parents
Five Years in the Future
01 1
o PREVENTING THE CONFLICTS OF
TOMORROW MEANS CHANGING THE
MINDSET OF YOUTH TODAY.
Graca Machel- Mandela
WE CANNOT ALWAYS BUILD THE FUTURE
FOR OUR YOUTH, BUT WE CAN BUILD OUR
YOUTH FOR THE FUTURE.
Franklin D. Roosevelt
COMES FROM THE COURT
STAFF.
R*O*C*K*
0 N!!!!
FAMOUS QUOTE OF ALL
� f
Washmon
n $�
< m
Cates & Beverly
�r
� =
setti the !ground rules,
Jamesis talking about emotions.
stick-owup!!!
0 0
Watching Video on brinking & briving
laining the
l
W � f l o
r w e
bid "'Pick the !
I
that"s what
These guys are
r t
i
how m a n y
jo
a
0
HEY DUDE, DOES YOUR BAG OPEN?
veryone ha o
m
m
supervisor.
done.
p itches in!
TA t BR
The results speak for themselves!
A job well done!
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 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 an exhibit. 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
Steve Gillett, Interim City Manager Date
CITY COUNCIL DRAINAGE REPORT
November 14, 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, Bandridge and Lazy Brook. Contractor
scheduled to complete work on Heather Springs week of November 7 th and work
on Roseberry the week of October 31 Work at Valley Brook should start the
week of November 7 th after work at Heather Springs is complete.
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 — Construction is complete.
• F -216 Regional Detention Project. Construction is approximately 80% complete.
• Coordination with Harris County Flood Control District Consultant's agreements
have been executed and work began on Battleground Estates and Shady River.
Harris County to issue notice to proceed on F 101 -06 -00 Engineering work this
month.
• Battleview Area Survey complete, design 90 %.
• East Main. Bid opening scheduled for November 1st
• Browning Street. Public Works started work week of October 31
• Adams Street. Addressing pipeline conflict.
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 but is being delayed to assess the flooding in the area since outfalls were
reconstructed by the POH.
• In -Fill Drainage Maintenance. Public Works working on assessing drainage
maintenance to determine next target areas.
Council Agenda Item
November 14, 2011
11. ADMINISTRATIVE REPORTS
(a) Thanksgiving Holidays — Thursday, November 24, 2011, and Friday,
November 25, 2011
(b) City Employee Christmas & Service Awards Banquet — Friday, December 9,
2011
(c) City Council Meeting — Monday, December 12, 2011
12. 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 Moser, Kaminski,
Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby.
13. 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, including, but not limited to, the following:
Texas Government Code, Section 551.072 — Deliberation regarding Real Property —
City of La Porte - Flanagan Shipping lease agreement; property located at 918 N.
Broadway.
Texas Government Code, Section 551.072 — Deliberation regarding Real Property —
Potential lease agreement on airport property.
Texas Government Code, Section 551.071(1) — Consultation with Attorney regarding
pending or contemplated litigation /settlement offer: Update regarding annexation of an
approximately 29 -acre tract of land in the Battleground Industrial District.
14. RECONVENE into regular session and consider action, if any, on items discussed in
executive session.
**************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: November 14, 2011
Requested By: Tim Tietjens
Department: Planning
Report: Resolution: Ordinance X
Exhibits: Ordinance
Budget
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the October 10 and 24, 2011, City Council meetings, public hearings were conducted to receive input
regarding the proposed annexation of approximately* 29 acres in the Battleground Industrial District
within the La Porte extra- territorial jurisdiction. This action is in accordance with Resolution 2011 -08,
which previously* declared the intent of the City to consider annexation of the subject property* and
directed the Planning Department to prepare a service plan, presented on August 22, 2011, and described
at both public hearings.
Attached is the proposed annexation ordinance constructed in accordance with a schedule of public
hearings and subsequent ordinance consideration, required by state law, which mandates action on
November 14, 2011. The effective date however, can be delayed. In this case, the proposed ordinance
includes an unspecified effective date to be determined with ordinance approval. This allows Council
flexibility* to consider a proposal with terms of a possible agreement from the property* owner during the
intervening time, and to evaluate the property* owner's claim of progress to clean up the property*.
If inadequate progress is made to clean up the property* or if the terms of an agreement are deemed
unacceptable, the ordinance would automatically* become effective on the date specified by Council. If
sufficient progress is made in cleaning up the property*, and terms of the agreement are deemed
acceptable, then Council could repeal the annexation ordinance in favor of an ordinance approving the
agreement during the intervening time before the effective date.
The service plan and associated map with a metes and bounds description are included within the
annexation ordinance.
Action Required by Council:
Consider approval of an ordinance to annex the subject property*.
Approved for City Council Agenda
Steve Gillett, Interim City Manager
Date
WHEREAS, the City of La Porte, Texas is a home rule city acting under its charter adopted by
the electorate pursuant to Article X1, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, after proper notice was provided in accordance with Chapter 43 of the Texas Local
Goverm Code, public hearings on the proposed annexation have been held before the La
Porte City Council on dates not more than forty nor less than twenty days before the adoption of
this Ordinance; and
WHEREAS, all the property described herein and adjacent to and within the exclusive
Extraterritorial Jurisdiction (ETJ) of the City of La Porte, and
WHEREAS, a Service Plan has been prepared and presented at the public hearings and is
attached to and adopted with this Ordinance; and
WHEREAS, all requirements of law have been met to require this annexation, including
compliance with the provisions of Chapter 43 of the Texas Local Government Code.
O IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
That all portions of the following parcel (the 'Temitory') located in Harris County, Texas,
comprising a combined total of approximately 28.65 acres of land within that portion of the City
of La Porte's extraterritorial jurisdiction known as the Battleground Industrial District, and
adjacent to the western corporate limits of La Porte and the eastbound lanes of State Highway
225 frontage road, is hereby annexed to the City of La Porte as a part of the City of La Porte for
all municipal purposes, and the City of La Porte territorial limits are hereby extended to include
such territory more particularly described and depicted on Exhibits "A!' and "B", attached to and
incorporated in this Ordinance for all purposes.
Section 2. RIGHTS AND DUTIES OF OWNERS AND INHABITANTS OF NEWLY
ANNEXED AREAS
The owners and inhabitants of the Territory are entitled to all the rights and privileges of all other
citizens and property owners of the City of La Porte, and are bound by all acts, ordinances and
other legal action now in full force and effect and those which may be subsequently adopted.
ff4V'VTqM111JQ11Tj1 IMN
The official map and boundaries of the City, previously adopted, are hereby amended to include
the Territory as a part of the City of La Porte, Texas, The Interim City Manager is directed and
authorized to perform or cause to be performed all acts necessary to correct the official map of
the town to add the territory as annexed as required by law.
The City Secretary is directed to file or cause to be filed a certified copy of this Ordinance in the
office of the Clerk of Harris County, Texas.
The Service Plan, attached as Exhibit "C" and incorporated into this Ordinance, is approved in
all things and made a part of this Ordinance for all purposes
This Ordinance shall be cumulative of all provisions of Ordinances of the City of La Porte,
Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the conflicting provisions of such Ordinances are hereby
repealed.
Should any section or part of this Ordinance be held unconstitutional, illegal or invalid, or the
application thereof, the 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 portions, the sarne shall be and remain in full force and effect.
Should this Ordinance for any reason be ineffective as to any part of the area hereby annexed to
the City of La Porte, such ineffectiveness of this Ordinance as to any such part or parts of any
such area shall not affect the effectiveness of this Ordinance as to the remainder of such area.
The City Council hereby declares it to be its purpose to annex to the City of La Porte every part
of the area described in Section 1 of this Ordinance, regardless of whether any part of such
described area is hereby not effectively aruiexed to the City. Provided, further, that there is
included within the general description of territory set out in Section I of this Ordinance to be
hereby annexed to the City of La Porte any lands or areas which are presently part of and
included within the limits of the City of La Porte, or which are presently a part of and included
within the limits of any other City, Town, or Village, or which are not within the City of La
Porte's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be
annexed hereby as fully as if such excluded and excepted area were expressly described herein.
This ordinance shall be in full force and effect on
ordained.
By:
Louis R. Rigby, Mayor
LIIWWMIIIN,�
Patrice Fogarty
City Secretary
W41151WO
Clark T. Askins
Assistant City Attorney
10,4 0 811,9111
A tract of land located within that portion of the City of La Porte's extra- territorial jurisdiction
known as the Battleground Industrial District; said tract containing approximately 28.65 acres
and being more particularly described as follows;
Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract identified
by Harris County Appraisal District parcel number 064 -223- 000 -0021, said point being on the
north right -of -way line of State Highway 225;
THENCE proceeding in a northwesterly direction along the north right- of-way of State Highway
225 to a point located at the southwest corner of a tract of a tract owned by Ted Booher being
identified by Harris County Appraisal District parcel number 044 -099- 000 - 0023, said point
being on the north right- of-way line of State Highway 225;
THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Harris County Appraisal District parcel number 044 -099- 000 -0023 to a point at the
northwest corner of the Harris County Appraisal District parcel number 044- 099 - 000 -0023;
THENCE proceeding in an easterly direction along the north line of the Ted Booher tract
identified by Harris County Appraisal District parcel number 044 - 099- 000 -0023, to a point at the
northeast corner of Harris County Appraisal District parcel number 044 -099- 000 -0023;
THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Harris County Appraisal District parcel numbers 023 -145- 000 -0623 and 023 -145-
000 -0635 to the northwest cornier of the Ted Booher tract identified by Harris County Appraisal
District parcel number 023- 145 - 000 -0635;
THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific
Railroad Company tract identified by Harris County Appraisal District parcel number 023 -145
000 -0641,
THENCE proceeding in an easterly direction along the north boundary of the Southern pacific
Railroad Company tract identified by Harris County Appraisal District parcel number 023-145 -
000 -0641 continuing east to the northeast corner of the Centerpoint Energy tract identified by
Harris County Appraisal District parcel number 023 - 145 -000 -0641;
THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy
tracts identified by Harris County Appraisal District parcel numbers 023- 145 - 000 -0625 and 023 -
145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County
Appraisal District parcel number 023 - 145 - 000 -0624, said point being Point of Beginning of the
herein- described tract containing approximately 28.65 acres.
EXHIBIT "B"
1 M. 0 11 vlly�
SERVICE PLAN
FOR PROPOSED ANNEXATION OF FIVE TRACTS OF LAN
COMPRISING APPROXIMATELY 28.65 ACRES
WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICTI
I. INTRODUCTION
This service plan ("Plan") is made by the City of LaPorte, Texas ("City") pursuant to
Section 43.056, of the Texas Local Goven Code ("Code"). This Plan relates to the
armexation by the City of five tracts of land ("Tracts") within a portion of the the
Battleground Industrial District (Re: Exhibit "B"). These tracts are described by metes
and bow in Exhibit "A" attached to this Plan and to the annexation ordinal of which
this Plan is a part.
11. TERM, EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective date of
the annexation of the Tract. Renewal of this Plan shall be at the discretion of the City.
Such option may be exercised by the adoption of an ordinance by the City Council which
refers to this Plan and specifically renews this Plan for a specified period of time.
111. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action Program
and (ii) a Capital Improvement Program, both described below.
B. Scope and Quality of Services. Services under this Plan shall equal or exceed the
number and level of services both in existence in the Tracts prior to the annexation
and are available in other areas of the City with land uses and population densities
similar to those reasonably projected in the newly annexed Tracts. It is not the intent
of this Plan to provide a uniforni level of services to all areas of the City (including
the Tracts) where differing characteristics of topography, land utilization and
population density are considered as sufficient basis for providing differing levels of
service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in whole or
in part by City taxation and provided by the City within its full-purpose
boundaries. The City provision of services may be by any means or methods
by which it extends the services to any other area of the City. This may
include causing or allowing private utilities, governmental entities and other
public service organizations to provide such services, in whole or in part.
2. As used in this plan, the phrase "standard policies and procedures" means
those policies and procedures of the City applicable to a particular service
which are in effect at the time that the service is requested or at the time the
service is made available or provided and are in accordance with or related to
provisions in Title 12, Chapter 395 of the Code..
D. Early Action Pro lr amn,,
1. Statutory Services. The statutory services will be provided to the Tracts upon
the effective date of this Plan, unless otherwise indicated. The statutory
services are as follows:
a. Police Protection. The Police Department of the City will provide
protection and law enforcement to the Tracts. These activities will
include normal patrols and responses, the handling of complaints
and incident reports, and other usual and customary police
services.
b. Fire Protection, The Fire Department of the City will provide fire
protection to the Tracts.
C. Solid Waste Collection, Residential collection services will be
provided by City forces. Non- residential nonhazardous service
will be provided by City contract service provider. Future
residential and non - residential non -- hazardous collection services
will be provided in accordance with standard policies and
procedures. Non-residential non- hazardous will be the
responsibility of the property owner in accordance with State and
Federal guidelines.
d. Operation and Maintenance of Water and Wastewater Facilities.
There are no existing City water and wastewater facilities located
in the area proposed for annexation. Any extensions of utilities as
addressed in the Capital Improvements Program., below, will be
provided normal maintenance services.
e. Maintenance of Public Roads and Streets including Lighting. The
Department of Public Works of the City will provide maintenance
of roads and streets over which the City will have jurisdiction.
Those roads and streets under jurisdiction of other governmental
entities will be maintained by those entities. The City will provide
services relating to traffic control for roads and streets over which
it has jurisdiction. Maintenance of Public Roads and streets under
the jurisdiction of other governmental entities will be provided by
the respective governmental entity. Existing street lighting for
public roads and streets will be maintained through the services of
CenterPoint Energy. New street lighting for public roads and
streets will be constructed by CenterPoint Energy upon
authorization from the City.
f Maintenance of Parks, Playgrounds and Swimming Pools. There
are no existing Public Park facilities to be maintained. Should any
such facilities be constructed in the Tracts in accordance with the
Capital Improvements Program below, the City will provide
maintenance services.
91 Maintenance of Any Other Publicly owned Facility, Building or
Service. There are no other publicly-owned facilities, buildings or
services in the Tract. Should any such facilities, buildings or
services be constructed or located by the City in the Tract, an
appropriate City department will provide the necessary
maintenance services.
2. Additional Services. Certain services, in addition to the statutory services,
will be provided within the Tract to the same extent they are provided to
similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities outside
the Tract.
b, Health services will continue to be provided by Harris County.
C. Emergency and ambulance services by the City's Emergency
Medical Services division, in accordance with standard policies
and procedures,
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate the construction or acquisition
of capital improvements deemed necessary for providing municipal services for the
Tract. Those improvements which are necessary are indicated below, and any
necessary construction shall begin within two and one-half (2-1/2) years of the
effective date of this Plan, except as otherwise indicated.
1. Police Protection. Police protection for the Tracts can be provided using
existing facilities. While no improvements are necessary at this time, the
Tracts will be included with other territory in connection with planning for
new, revised or expanded police protection.
2. Fire Protection, Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are necessary at
this time, the Tract will be included with other territory in connection with
planning for new, revised or expanded fire protection,
3. Solid Waste Collection, No capital improvements are necessary at this time to
provide solid waste collection to the Tract as described in the Early Action
Program. The Tract will, however, be included with other territory in
planning for new, revised or expanded solid waste collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or wastewater
facilities in the area proposed for annexation of which the City will assume
control following annexation. The City proposes the following means to
provide improvements deemed necessary for water and wastewater services:
a. Domestic water and wastewater service. Currently domestic water
and wastewater are self-provided by the individual property
owners either through wells or by purchasing water from adjoining
property owners. The City has a twelve inch (12") waterline within
the north right of way of S. H. 225 approximately one hundred
twenty feet (120') east of the tract. Upon application request by
owners of the annexed area, the City will allow the extension of
water and/or sanitary sewer lines for domestic services in
accordance with standard utility extension policies and procedures
as referenced in Chapter 74, Utilities, Article 111, Division 4, of the
La Porte Code of Ordinances within two (2) years. These policies
and procedures include the imposition of utility extension fees in
accordance with Section 395,019 of the Local Government Code.
Should a property owner elect to construct the improvements
sooner than the schedule established in this Plan, the owner may
construct or finance the improvements and the costs incurred or
funds advanced will be credited against the utility extension fees
due from that property owner. As utility extension fees are
collected from other property owners, these fees may be refunded
to the property owner who constructed or funded the construction
of those capital improvements per City policy guidelines.
b, Industrial Process Water. Currently process water is provided by
on-site wells, water purchased from other property owners or from
non- potable water purchased from the Coastal Industrial Water
Authority (CrWA), As the City does not provide dedicated
industrial process water services within its corporate boundaries, it
does- not propose -to- acquire -or construct capital improvements for
the provision of industrial process water services to the area
proposed for annexation.
C. Industrial Process Wastewater. Currently wastewater service to
the Tracts is provided by individual treatment facilities, treatment
by adjoining property owners or by other private entities. As the
City does not provide dedicated industrial process wastewater
services within its corporate boundaries, it does not propose to
acquire or construct capital improvements for the provision of
industrial process wastewater services to the area proposed for
annexation. However, the discharge of wastewater resulting from
industrial uses is subject to permitting requirements under the
City's Industrial Waste Ordinance, Chapter 74 of the La Porte
Code of Ordinances.
5. Roads and Streets including Ling. In general, the City maintains no
dominion, control, and jurisdiction in, over and under public roads and streets
serving the Tracts for annexation. Pursuant to Art. 1175, V.A.T.S., and
similar provisions, maintenance of existing frontage roads and streets serving
the tracts is subject to the jurisdiction of other governmental entities.
Additional roads, streets or related facilities are not necessary at this time to
serve the Tracts. Future extensions of roads or streets and future installation
of related facilities such as traffic control devices or street lights will be
governed by standard policies and procedures. The Tracts will be included .
with other territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
£. Parks Pla rounds and Swimming Pools. These services can be provided by
using existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded parks, playgrounds or
swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services Additional Services.
In general, other City functions and services, and the additional services
described above, can be provided to the Tract using existing facilities. While
no additional capital improvements are necessary at this time, the Tract will
be included with other territory in connection with planning for new, revised
or expanded services, facilities and functions, including the additional services
described above.
D i
This _Plan may not be amended or repealed except as provided by the Code or other_
controlling law. Neither changes in the methods or means of implementing any part of
the service programs nor changes in the responsibilities of the various departments of the
City shall constitute amendments to this Plan, and the City reserves the right to make
such changes. This Plan is subject to, and shall be interpreted in accordance with the
Code, the Constitution and laws of the United States of America and the State of Texas,
and the orders, rules and regulations of governmental bodies and officers having
jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall resume
services under this Plan within a reasonable time after the cessation of the force maj cure.
"Fore majeure", for the purposes of this Plan, shall include, but not be limited to, acts of
God, acts of the public enemy, war, blockade, insurrection, riots, epidemics, landslides,
lighting, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes,
arrests and restraints of government, explosions, collisions and any other inability of the
City, whether similar to those enumerated or otherwise, which is not in control of the
City.
VT. ENTME PLAN
This document contains the entire and integrated service plan relating to the Tract and
supersedes all other negotiations, representations plans and agreements, whether written
or oral.
Plan produced July, 2011 by La Porte Planning Department
INMORMIM-
A tract of land located within that portion of the City of La Porte's extra-territorial jurisdiction
known as the Battleground Industrial District; said tract containing approximately 28.65 acres
and being more particularly described as follows;
Beginning at the southwest comer of the Exel Logistics Distribution Corporation tract identified
by Harris County Appraisal District parcel number 064-223-000-0021, said point being on the
north night-of-way line of State Highway 225;
THENCE proceeding in a northwesterly direction along the north right-of-way of State Highway
225 to a point located at the southwest comer of a tract of a tract owned by Ted Booher being
identified by Harris County Appraisal District parcel number 044-099-000-0023, said poll
being on the north right-of-way line of State Highway 225;
"THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Ham's County Appraisal District parcel number 044-099-000-0023 to a point at the
northwest corner of the Harris County Appraisal District parcel number 044 - 099 -000 -0023;
THENCE proceeding in an easterly direction along the north line of the Ted Booher tract
identified by Harris County Appraisal District parcel number 044 -099- 000 - 0023, to a point at the
northeast corner of Harris County Appraisal District parcel number 044 - 099-000 -0023;
THENCE proceeding in a northerly direction along the west line of the Ted Booher tract
identified by Harris County Appraisal District parcel numbers 023 -145 -000 -0623 and 023 -145-
000 -0635 to the northwest corner of the Ted Booher tract identified by Harris County Appraisal
District parcel number 023 - 145 - 000 -0635;
THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific
Railroad Company tract identified by Harris County Appraisal District parcel number 023 -145-
000 -0641,
THENCE proceeding in an easterly direction along the north boundary of the Southern Pacific
Railroad Company tract identified by Harris County Appraisal District parcel number 023 -145-
000- 0641 continuing east to the northeast comer of the Centerpoint Energy tract identified by
Harris County Appraisal District parcel number 023 - 145 -000 -0641 y
THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy
tracts identified by Harris County Appraisal District parcel numbers 023 - 145 - 000 -0625 and 023-
145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County
Appraisal District parcel number 023 -145- 000 -0624, said point being Point of Beginning of the
herein- described tract containing approximately 28.65 acres..
Council Agenda Item
November 14, 2011
16. ADJOURN
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