Loading...
HomeMy WebLinkAbout06-25-12 Regular Meeting of La Porte City Council Mayor Councilmember District 3 Mayor Pro-Tem, Councilmember at Large A Councilmember District 4 Councilmember at Large B Councilmember District 5 Councilmember District 1 Councilmember District 6 Councilmember District 2 – The invocation will be givenbyDon Hill,La Porte Inter Church Council. – The Pledge of Allegiancewill be led by Councilmember John Zemanek. (Limited to five minutesper person.) (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests anitem be removed and considered separately.) Consider approval or other action of the minutes of theregularCity Council meeting held onJune 11, 2012 – P. Fogarty Consider approval or other action regarding an ordinance approving and authorizing renewal of an Interlocal Agreement between the City of La Porte and Harris County for administration and implementation of a regional watershed protection education program – T. Tietjens Consider approval or other action of an ordinance authorizing the City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with North Bayport Industrial Park II, Ltd. for its facility located at 10200 New Decade Dr. – T. Tietjens Consider approval or other action regarding award of contract to Tyler Technologies, Inc., for an internet hosted imaging system and hardwarefor the Municipal Court – D. Mitrano Consider approval or other action regarding a Resolution concerning the Port of Houston’s project to deepen and widen the Bayport Ship Channel in Chambers and Harris Counties, Texas – S. Gillett Consider approval or other action regarding an Ordinance approving and authorizing an Interlocal Agreement between the City of La Porte and the City of Pasadena for reapportionment of extraterritorial jurisdiction boundaries – T. Tietjens Consider providing direction to staff regarding proposed conversion to a Municipal Court of Record – D. Mitrano Receive drainage report – J. Garza La Porte RedevelopmentAuthority Meeting, Wednesday, June 27, 2012 City Council Meeting, Monday, July 9, 2012 City Council Meeting, Monday, July 23, 2012 Charter Review Commission Meeting, Tuesday, July 24, 2012 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– CouncilmembersZemanek, Leonard, Engelken,Mosteit, Clausen, Martin,Moser, Kaminski,andMayor Rigby. 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: Deliberation regarding real property:Discussion of the sale of property located at 912 West Main Street. into regular session and consider action, if any, on item(s) discussed in executive session. I certify that a copy of the June 25, 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on June 19, 2012. Patrice Fogarty, City Secretary – The invocation will be given by Don Hill, La Porte Inter ChurchCouncil. – The Pledge of Allegiance will be led by Councilmember John Zemanek. (Limited to five minutes per person.) Mayor Councilmember District 3 Councilmember at Large A Councilmember District 4 Councilmember at Large B Councilmember District 5 Councilmember District 1 Councilmember District 6 Mayor Pro Tem Councilmember District 2 The City Council of the City of La Portemet in aregularmeetingonat the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the followingitems of business: Mayor Rigbycalled the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Engelken, Zemanek, Mosteit, Martin, Kaminski, Leonard, MoserandClausen. Also present were City Secretary Patrice Fogarty, Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. -The invocation was given by Councilmember Martin. -The Pledge of Allegiance was led by Councilmember Dottie Kaminski. (Limited to five minutes per person.) Chuck Rosa,812 S. Virginia St., addressed Council opposed to the new Animal Shelter and Adoption Center being located at 10901 Spencer Highway and requested Council consider a different location. Paul Francis, 95 Bayridge, Morgan’s Point, addressed Council on behalf of the Houston Yacht Club and as a member on the board at the Houston Yacht Club, with concerns regarding the deepening and widening project by the Portof Houston. Mr. Francis advised members of the Houston Yacht Club are not opposed to the deepening and widening but areopposed to the dumping ofthe spoils in the proposed location in Upper Galveston Bay. Mr. Francis urged Council to adopt a resolution in opposition until an Environmental Impact Statement has been completed. Tony Nunes, 2601 S. Broadway # 51,addressed Council with concerns regarding the deepening and widening project by the Port of Houston and requested Council to speak to and/or writethe Corpsof Engineers asking for the effectof the project and request a complete Environmental Impact Statement of the project. Mr. Nunes also advised Council there is an alternative area in the Corpsof Engineers and Port of Houston plan for placement of spoils from the project. Kathryn Aguilar, 3119 Fondren, addressed Council with concerns regarding the deepening and widening project by the Port of Houston and advised a proper Environmental Impact Statement should be completed. Catherine Focke, 111 South Y St., addressed Council with concerns regarding the deepening and widening project by the Port of Houston and the effects the project would have on the Bay. Ms. Focke urged Council to request anEnvironmental Impact Statement. Ted Powell, 1700 Roscoe, addressed Council with concerns regarding the deepening and widening project by the Port of Houston and the impact the project would have on the Bay. Mr. Powell requested Council not support the project. Bernard Legrand, 3115 Layne Court,addressed Council with concerns regarding the deepening and widening project by the Port of Houstonand advised Council an Environmental Impact Statement is needed. Ed Bluestein, 603 Bayridge, Morgan’s Point, addressed Council and stated he sent a four-page letter to Council and requested if the letter could be put into therecord. Mr. Bluestein advised he is not opposed to the deepening and widening project, but is opposed to the spoils creating an island in Upper Galveston Bay. Thelma Percoco, 1 Pine Bluff, addressed Council in agreement with the citizens’ commentswhich have already been given regarding thedeepening and widening project by the Port of Houston. She asked what a hurricane would do to the area and added the mitigation efforts to relocate oyster bedsmay not be successful. th Larry Haller, 122 S.17, addressed Council regarding the constant dust and dirt blowing in a parking lot located at 1801 W. B Street. Mr. Haller commented the parking lot needs to have concrete or asphalt for the trucks utilizing the parking lot. Donna Tobias, 1200 Robinson, addressed Council with appreciation and in favor of the proposed Animal Shelter and Adoption Center with a location at 10901 Spencer Highway. Charlotte Wells, 3324 Miramar, addressed Council opposingthe deepening and widening project by the Port of Houston. – Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussionand/or separate action. Consider approval or other action of the minutes of theregularCity Council meeting held on May 14, 2012; and minutes of special City Council meetings held on May 7, 2012; May22, 2012; May 23, 2012; and May 29, 2012 – P. Fogarty Consider approval or other action regarding the appointment of citizens to serve on the Charter Review Advisory Commission – P. Fogarty Consider approval or other action authorizingthe purchase of land located at 114 S. Third Street by the La Porte Development Corporation for future parking for Main Street business patronsand visitors –S. Osborne Consider approval or other action of an ordinance vacating, abandoning, and closing the th alley in Block 795, La Porte, and the South 15Street Right-of-Way between Blocks 795 & 796, La Porte, and authorizing the execution and delivery of a deed to the adjoining landowner – T. Tietjens Consider approval or other action to increase the fee schedule for the collection of containerized commercial solid waste by Republic Services, Inc., by 5 percent,effective November 1, 2012, until October 31, 2013 – D. Mick Consider approval or other action authorizing the Mayor to executeaMutual Aid Agreement with Harris County for fire suppression services – D. Ladd Assistant City Attorney Clark Askins read the caption of AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 795, LA PORTE, AND THE SOUTH TH STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS AUTHORIZING THE EXECUTION AND 15 DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item E, Mayor Rigby informed Council that Republic Services, Inc., withdrew the item. Councilmember Leonard moved to approve the Consent Agenda Items A-D andF pursuant to recommendations by City Staff. Councilmember Clausen. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Consider approval or other action regarding an ordinance adopting revisions to the City of LaPorte Employee Policies Handbook to incorporate the updated Emergency Pay Policy – J. Suggs Mayor Rigby recommended postponingadopting revisions to the City of LaPorte Employee Policies Handbook by incorporatinganupdated Emergency Pay Policyuntil after the new Human Resources Manager is able to review the itemand bring it back for Council’s consideration. Councilmember Engelken movedto postponeadopting revisions to the City of LaPorte Employee Policies Handbook by incorporatinganupdated Emergency Pay Policyuntil after the newHuman Resources Manager is able to reviewthe itemand bring it back for Council’s consideration. Councilmember seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Consider approval or other action regarding a contract with Harris County Community Services Department for an award in the amount of $728,804 from Harris County Community Services Department for funding the City’s Home Investment Partnership (HOME) Program IV; appropriating a sum of up to$59,640 in City matching funds plus a 5 percent contingency for the City match ($9,108) for a total of $68,784 – T. Tietjens Planning Director Tim Tietjens presented a summary. Assistant City Attorney Clark Askins read the caption of AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR AN AWARD IN THE AMOUNT OF $ 728,804.00 FROM HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT FOR FUNDING THE CITY OF LA PORTE’SHOME INVESTMENT PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO $59,640.00 IN CITY MATCHING FUNDS TO FURTHER THE CITY’S GOAL OF PROVIDING AFFORDABLE HOUSING AND A 5% CONTINGENCY $9,108.00 OF THE MATCH AMOUNT FOR A TOTAL ALLOCATION OF $68,748.00 MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Moser moved to approve Ordinance 2012-3416,Authorizing a Contract for an award in the amount of $ 728,804.00 from Harris County Community Services Department for funding the City of LaPorte’s Home Investment Partnership (HOME)Program; appropriating a sum of up to $59,640.00 in city matching funds to further thecity’s goal of providing affordable housing and a 5percent contingency $9,108.00 of the match amount for a total allocation of $68,748.00. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Consider approval or other action authorizing the Interim City Manager to execute Amendment No. 2 to the Exclusive Right to Sell/Lease Contractwith Main Properties Real Estate, for the listing of six HOME grant properties – T. Leach Assistant City Manager Traci Leach presented a summary. CouncilmemberMoser moved to approvethe Interim City Manager to execute Amendment No. 2 to the Exclusive Right to Sell/Lease Contractwith Main Properties Real Estate, for the listing of six HOME grant properties. CouncilmemberMartin seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen,and Moser Nays: None Absent:None toreceive comments regarding recommendation Planning and Zoning Commission to approve Special Conditional Use Permit # 12-91000001 for developmentof aCity of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highway – T. Tietjens The public hearing was opened at 7:03 p.m. regarding a Special Conditional Use Permit for developmentof a City of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highway. Director of PlanningTim Tietjens presented a summary. Councilmember Martin commented he was not impressed with the design of the building. Councilmember Clausen advised staff to rotate the elevation of the buildingtonot have the side of the building facing Spencer Highway. Ted Powell, 1700 Roscoe, suggested Council assign an architectural project to students at either the University of Houston or Rice University forcost savings on architectural drawings and services. Chuck Rosa,812 S. Virginia St.,commented the Animal Shelter and Adoption Center should be located in the Texas Wildlife Building on Broadway St. Hearing no further public comments, the public hearing was closed at 7:25 p.m. Consider approval or other action regarding Special Conditional Use Permit # 12-91000001 for develop of the City of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highway – T. Tietjens Councilmember Zemanek moved to approve Special Conditional Use Permit # 12-91000001 for developmentof the City of La Porte Animal Shelter and Adoption Center at 10901 Spencer Highwaywith exception to Item 6. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Councilmember Martin commented he was in favor of moving forward but not in support of the buildingdrawingspresented during the public hearing. Discussion or other action regarding an ordinance appointing a Mayor Pro-Tem for a term commencing June 11, 2012, and expiring May 31, 2013 – Mayor Rigby Mayor Rigby opened the item up for discussion. Councilmember Moser moved to appoint CouncilmemberZemanekas Mayor Pro-Tem for a term commencing June 11, 2012, and expiring May 31, 2013, or until a successor has been appointed. Councilmember Leonard seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Discussion or other actionregarding appointment of members to the Chapter 172 Employee Retiree Insurance and Benefits Committee and the La Porte Area Water Authority – P. Fogarty City Secretary Patrice Fogartypresented a summary. Councilmember Leonard nominated Jerome McKown to serve as Citizen Position 2 on the Chapter 172Employee Retiree Insurance and Benefits Committee. Mayor Rigby informed Councilmember Leonard that Jerome McKown was a citizen of Shoreacres and not La Porte, thus he is unable to serve. Councilmember Zemanek moved to nominate Charles Montgomeryto serve as Citizen Position 2 on the Chapter 172 Employee Retiree Insurance and Benefits Committee, and Doug Martin to serve in the vacant position on the La Porte Area Water Authority. There was no second to this motion. Mayor Rigby asked why not move Juliane Graham up from the alternate position and appoint someone else to the alternate position. Councilmember Zemanek moved to appoint Juliane Graham from Alternate Position 2 to Citizen Position 2, and Charles Montgomery to Alternate Position 1 onthe Chapter 172 Employee Retiree Insurance and Benefits Committee. Councilmember Mosteit seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Councilmember Zemanek moved to appoint Doug Martin to serve in the vacant position on the LaPorte Area Water Authority. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Discussion or other action regardingtheBayport Deepening and Widening Projectby the Port of Houston –S. Gillett Interim City Manager Steve Gillett presented a summary. Councilmembers Leonard and Martin commented they are against the location of the proposed spoilarea. Councilmember Zemanek commented he was not opposed to the dredging but opposes the spoil site. Councilmember Leonard moved to direct staff to prepare a resolution for consideration at the June25, 2012, City Council Meeting supporting the Port of Houston’s plan to deepen and widen the Bayport Ship Channel; support the placement of dredged spoil in the already existing placement area; and opposing the creation of a new open bay marsh without a formal Environmental Impact Statement. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Receive report regarding Port of Houston acoustical report – T. Leach Assistant CityManager Traci Leach and Robert Bruce with Collaboration in Science and Technology, Inc. (CSTI) provided an update on the Port of Houston acoustical report. Councilmembers Engelken, Zemanek, and Leonard commented it is time to proceed and go to court. Assistant City Attorney Clark Askinsadvised the City is still in mediation and could not go to court onissued citations. Councilmember Zemanek commented the noise levels in the report are not correct. Councilmember Moser questioned Interim City ManagerSteve Gillettwhether the Port of Houston would possibly consider placing the spoil from the deepening and widening project into their already existing area and drop the desire to place it in Upper Galveston Bay if the City stopped pursuing the noise issue. Interim City Manager responded it is possible. Council directed staff to meet with the Port of Houston and requestinformation on what has been done to reduce the noise and what documentation they have to demonstrate it has been doneand to provide an update at the June 25, 2012, City Council Meeting. Receive drainage report – J. Garza City Engineer Julian Garza provided a drainage report. Juneteenth Celebration, June 15-19, 2012 Chamber of Commerce HamburgerCookout, Thursday, June 21, 2012 CityCouncilMeeting, Monday,June 25, 2012 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– CouncilmembersKaminski, Zemanek,Leonard, Engelken, Mosteit, Clausen, Martin,Moser and Mayor Rigby. Councilmember Kaminski thanked City Council and the City Secretary’s Office for their thoughts and cards during her hospital stay;birthday wishes were expressed to Councilmember Leonard. Councilmember Zemanek commented on Consent Agenda Item E, which had beenpulledby Republic. He reported his business has been overcharged by 54percent over the last two years and four months. Councilmember Zemanek recommended staff send a letter with the contract attachedto commercial businesses and have them confirm the amount they are being charged by Republic Services, Inc., for the collection of containerized commercial solid wasteand requested staff then report back to Council;congratulations were expressed to Councilmember Zemanek on his election as mayor pro tem. Councilmember Moser reminded everyone of the upcoming Juneteenth festivities. 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: – Personnel Matters: For the purpose of deliberating the appointment, employment, evaluation, reassignment and/or duties of a public officer or employee: Discussproposed employment between the City and candidate for position of City Manager. Mayor Rigby commented he had received asigned copy of the employment contract from the City’s top candidate; and there was no need to go into executive session unless they wanted to discuss the contract.Council did not go into executive session. into regular session and consider action, if any, on item(s) discussed in executive session. Consider taking action authorizingthe Mayor to sign and the City Secretary to attest an employment contract with candidate for position of City Manager. Councilmember Leonard moved to authorize the Mayor to sign and the City Secretary to attest an employment contract with Corby Alexanderfor position of City Manager. Councilmember Zemanek seconded. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Kaminski, Zemanek, Mosteit, Martin, Clausen, and Moser Nays: None Absent:None Mayor Rigby reported the official start date for Corby Alexander is scheduled for July 2, 2012, and Mr. Alexander is eager begin hisemployment with the City. Mayor Rigby also reported staff has received emails from Bonham City employees advising the City is gaining a great city manager. There being no further business, at 8:40 p.m. Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, _______________________________ Patrice Fogarty, City Secretary Passed and approved on June 25, 2012. ________________________________ Mayor Louis R. Rigby REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June25, 2012 _____________________ Source of Funds: Tim Tietjens Requested By: Account Number: 001-7070-530-5007 _ Department: Planning Amount Budgeted: _______$17,000.00______ Report: ___Resolution: _ _Ordinance: __X_ Amount Requested: ____$17,914.00________ Budgeted Item: XYES NO Exhibits:Ordinance Interlocal Agreement SUMMARY As part of the Texas Commission on Environmental Quality,storm water general permit operators of Municipal Separate Storm Sewer System (MS4) are required to provide minimum control measures to eliminate illicit discharges into their storm sewer system. One of those measures is to provide public education and outreach. Harris County,along with other partners such as City of Houston, City of Seabrook, and City of Webster, has developed a program for public outreach. The City of La Porte has participated in this program over the previous yearto meet some of the control measures eliminating the need for consultant or contracting to administer public outreach and education. Staff recommends renewing the Interlocal Agreement with Harris County to administer the outreach program. Action Required by Council: Consider approval or other action ofan ordinance authorizing an Interlocal Agreement with Harris County for administration and implementation of a regional watershed protection education program. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett,Interim City Manager Date FOR CITY COUNCIL AGENDA ITEM REQUEST Appropriation Agenda Date Requested: June 25, 2012 ______N/A___________ Source of Funds: Tim Tietjens Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: _X__ Amount Requested: ____N/A__________ Exhibits: Budgeted Item: YES XNO Ordinance for IDA Industrial District Agreement Ordinance for Water & SewerService Agreements Water Service Agreement Sanitary Sewer Service Agreement Area Map SUMMARY & RECOMMENDATION North Bayport Industrial Park II, Ltd.has approached the City for water and sanitary sewer service to its proposed siteat10200New Decade Drivein the Bayport Industrial District (see Area Map).The proposed facility is a spec development which will be leased by the owner. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City’s industrial districts (ETJ). These companies are required by the policy to execute and maintain a current Industrial District Agreement (IDA) with the City. North Bayport Industrial Park II, Ltd. desires to obtain water and sanitary sewer servicefrom the City under the terms of this policy. As part of this request, the company has executed a new IDA (2007-IDA-128) for itssite which has been divided froma larger parent tract under an existing IDA (2007-IDA-17). Based on the company’s stated demand for domesticuses, the average daily volumefor potable water and sanitary sewer is 3,250 gallons per day. Under the terms of the policy, the applicant will pay one and one-half (1-1/2) times the City’s current utility ratefor service. Additionally, North Bayport Industrial Park II, Ltd.is subject to a one-time administrative fee of $6,500 associated with each of its agreements for which payment in the amount of $13,000 has been received. The terms of the company’sIndustrial District Agreement, Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the Water Service & Sanitary Sewer Service Agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right of termination. _____________________________________________________________________________________ Action Required by Council: Consider approval or other action ofan ordinance authorizing the City Manager to enter into an Industrial District Agreement, aWater Service Agreement,and a Sanitary SewerService Agreement with North Bayport Industrial Park II, Ltd. for its facility located at 10200 New Decade Dr. _____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett,Interim City Manager Date 1 STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and NORTH BAYPORT INDUSTRIAL PARK II, Ltd., hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated within the CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of properties located outside the corporate limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to the number of employees that will be located at the COMPANY’S property as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Full-Time Employees on site 65 + Number of Full-Time Contract Employees on site 0 = Total On-Site Full-Time Employees 65 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 3,250 Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd)3,250 IV. 2 CITY has determined that adequate resourcesare available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) COMPANY shall pay to CITY a one-time administrative fee of $6,500. (B) The total amount of potable water approved to COMPANY is established at THREE THOUSAND TWO HUNDRED FIFTY (3,250) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. (C) The average monthly volume of NINETY NINE THOUSAND ONE HUNDRED TWENTY FIVE (99,125) gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY’S utility service billings. (D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly volume of NINETY NINE THOUSAND ONE HUNDRED TWENTY FIVE (99,125) gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E) COMPANY shall pay the standard water tap/meter fee based on CITY’S current tap/meter fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard water deposit fee through CITY’S Utility Billing Division prior to receiving water service from CITY. (F) The cost of water up to the average monthly volume of NINETY NINE THOUSAND ONE HUNDRED TWENTY FIVE (99,125) gallons shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) COMPANY shall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (I) COMPANY’S site design and site development will, in certain cases, be subject to specific “Rules and Regulations” as defined in Exhibit “C” of COMPANY’S Industrial District Agreement with CITY. (J) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (L) COMPANY’S potable water supply system will be segregated from any existing and future fire protection system. 3 (M) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (O) There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (R) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S) CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY’S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY’S water facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY’Sfacility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects 6 EXHIBIT “A” to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. Theserequirements represent contractual obligations of COMPANY to receive water service from CITY per the terms of the Water Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: 1.Usage of CITY water by COMPANY for purposes other than human consumption (domestic purposes) shall be limited to the following: N/A ________________________________________________________________________ N/A 2. COMPANY shall pay to CITY $________________________ as a pro-rata reimbursement for construction of the water main serving its property by other parties. Initial for Approval: CITY APPROVAL: _______________ COMPANY APPROVAL: _________ 1 STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and NORTH BAYPORT INDUSTRIAL PARK II, Ltd., hereinafter called "COMPANY”. I. COMPANY is the COMPANY of certain real property, which is situated in CITY'S Battlegroundor Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to thenumber of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Employees on-site65 Number of Contract Employees 0 Total on-site Employees65 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee)3,250 Total Amount of Sanitary Sewer Approved For COMPANY(Average Daily Volume, gpd)3,250 2 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). COMPANY shall pay to CITY a one-time administrative connection charge of $6,500. (B). COMPANY shall pay the standard sewer tap fee based on CITY’S current sewer tap fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility Billing Division prior to receiving sewer service from CITY. (C). The average daily volume is established at THREE THOUSAND TWO HUNDRED FIFTY (3,250) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly volume is calculated to be eighty-five percent (85%) of the average daily volume multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly volume of EIGHTY FOUR THOUSAND TWO HUNDRED FIFTY SIX (84,256) gallonsshall be one hundred fifty percent (150%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (F).The cost of sanitary sewer service for amounts in excess of the established average monthly volumeshall be two hundred percent (200%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly volume of EIGHTY FOUR THOUSAND TWO HUNDRED FIFTY SIX (84,256). Repeated sanitary sewer delivery greater than the established average monthly volumemay result in termination of service. (H). COMPANY agrees that during periods when the CITY’S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY shall file applicationwith CITY for an Industrial Waste Permit and hereby agrees to be bound by CITY’SIndustrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to ensure no sewer waste, other than domesticwaste enters its sanitary sewer system. (L). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. 3 (M).COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY’s standards. (O). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development project may be subject to certain additional requirements as described in Exhibit “A”, attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANYwith written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. 6 EXHIBIT “A” to Sanitary Sewer Service Agreement The Sanitary Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive sewer service from CITY per the terms of the Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: 1. Usage of CITY sewer by COMPANY for purposes other than human consumption (domestic purposes) shall be limited to the following: N/A ________________________________________________________________________ N/A 2. COMPANY shall pay to CITY $________________________ as a pro-rata reimbursement for construction of the sanitary sewer main serving its property by other parties. Initial for Approval: CITY APPROVAL: _______________ COMPANY APPROVAL: _________ AREA MAP 10200 NEW DECADE DR. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 25, 2012 Source of Funds: MC Technology Fund Requested By:Lynda Kilgore Account Number:03260645124081 Department:Municipal Court Amount Budgeted:$29,700 (2011-12) Report: Resolution: Ordinance: Amount Requested:$35,846.00 Exhibits:Contract/Systems Agreement Equipment: $18,750.00 Estimated Travel: $ 1,709.00 Exhibits: Sole Source Letter & Budgeted Item:YESxNO ExhibitsNJPA (equivalent to DIR) SUMMARY & RECOMMENDATION th An item to be placed on the Consent Agenda for the June 25council meeting to approve the contract between the City of La Porte and Tyler Technologies, Inc. and to request $18,500 for hardware and $1,709 for travelfor this project. This contract is for a hosted imaging system for the Municipal Court. This system will allow the court to become a “paper light” court and will eliminate the growing need for storage space. This project is being funded from the Municipal Court Technology Fund. The project was approved in the 2011-2012 Budget. However, the scope of the project has changed to an internet hosted imaging system. This change was recommended and approved by IT. Hardware equipment, specifically, scanners and additional computers will be neededfor the imaging system. There is an additional cost for hardware of $18,750 and a $1,709 estimated travel costwhichwill also be funded through the Municipal Court Technology Fund. The hardware will be purchased from Digitex who is the existing vendor for hardware such as copiers, printers, etc. This was also a recommendation from IT due to compatibility issues. Incode (Tyler Technologies) isa sole source for this project. The contract is for fouryears with an annual subscription fee of $31,846 and has been reviewed and approved by the City Attorney. The first year which is the $35,846 includes $4000 for training. All funding for this project is available in the Municipal Court Technology Fund. Action Required by Council: Consider award of contract to Tyler Technologies, Inc. in the amount of $35,846.00 for an internet hosted imaging system for the Municipal Courtand additional cost for hardware of $18,750 and estimated travel of $1,709. Approved for City Council Agenda City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:6/25/12 Source of Funds: Requested By:Steve Gillett Account Number: Department:CMO Amount Budgeted: Report:Resolution:XOrdinance: Amount Requested: Exhibits:Resolution Budgeted Item:N/A SUMMARY & RECOMMENDATION On May 3, 2012 the U.S. Army Corps of Engineers (Corps) issued a public notice of the permit application by the Port of Houston (POH) regarding the proposed Bayport Channel Project to deepen and widen the channel, as well as a proposed new spoil area/island to be developed in Upper Galveston Bay. Comments were initially due on June 4, 2012. Subsequently, the Corps issued a revised notice on May 25, 2012 changing the deadline for written comments to July 5, 2012. On June 11, 2012, city council voted to support the Project, with the exception of the creation of a new beneficial use spoil area in the upper Bay. Specifically, the council did not support the new proposed marsh island without a formal Environmental Impact Statement. Staff was directed to prepare a resolution to this effect. Action Required by Council: Consider approval or other action of a resolution supporting the Port of Houston’s project to deepen and widen the Bayport Ship Channel; use the existing, permitted disposal area; and oppose the creation and use of a new, Beneficial Use (BU) marsh at any location on the west side of the Houston Ship Channel without the requirement of an Environmental Impact Statement. Approved for City CouncilAgenda Steve Gillett,Interim City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation AgendaDate Requested:June 25, 2012 Source of Funds:NA Requested By: Tim Tietjens Account Number:NA Department: Planning Amount Budgeted:NA Report: X Resolution: Ordinance: X __ Amount Requested:NA Budgeted Item: Exhibits:Interlocal Agreement Exhibits to Agreement Ordinance SUMMARY & RECOMMENDATION rd On January 23 2012, City Council conducted a workshop to review the concept of a swap of Extraterritorial Jurisdiction (ETJ) with Pasadena. In addition to the jurisdictional swap, a major component of the request was Pasadena’s offer to provide drainage improvements along Willow Springs Gully where Pasadenaplans to develop a water feature and associated stream-side commercial development east of thePasadena Convention Center. In order to facilitate the concepts discussed at the workshop, an interlocal agreement has been developed for Council consideration. It includes the intent for both cities to swap the respective jurisdiction as discussed. It requires that Pasadena provide a minimum of 100acre feet of additional detention volume, which will reduce the water surface elevation of Willow Springs Bayou in Brookglenduring storm events. It requires the relocation of certain driveways east of the convention center so as to discourage pass-through traffic into Brookglen. And lastly, it provides that Pasadena provide La Porte the necessary engineering reports that not only substantiate the water surface reduction claims, but also can be used to amend the Brookglen floodplain maps through FEMA thereafter. Should Council approve this interlocal agreement, two subsequent ordinance actions will be procedurally necessary to effectuate the land swap: 1) The ordinance that legally revises the City’sETJ boundary (Ordinance 842) will be submitted for Council review, and 2) the newly expanded Industrial District Agreement (IDA) will be submitted for landowner Lyondell Basell. This process will allow Pasadena to deactivate thatIDA so that La Portemay activate an IDA with the new property legal description. Action Required by Council: Consider approval or other action of the Interlocal Agreement with the City of Pasadena. Approved for City Council Agenda Steve Gillett, Interim City Manager Date THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code ("Agreement") by and between the City of Pasadena, Texas (the "City of Pasadena") a municipal corporation and the City of La Porte, Texas (the "City of La Porte") a municipal corporation WITNESSETH WHEREAS, the Texas Local Government Code provides that adjacent municipalities may by mutual agreement apportion their extraterritorial jurisdictional boundaries (ETJ); WHEREAS, La Porte and Pasadena have areas within their respective ETJ that they desire to apportion to promote the orderly growth and development of their respective jurisdictions; WHEREAS, La Porte and Pasadena find that apportionment of their ETJ boundary lines will be to the benefit of the citizens of both cities and their adjacent areas and will facilitate planning and services which contribute to orderly growth and development of the regional areas; WHEREAS, La Porte and Pasadena now desire to apportion their exclusive ETJ boundary lines, whereby La Porte will release from its exclusive ETJ certain land to be relinquished to and become part of the ETJ of Pasadena and subsequently to be annexed by Pasadena into its corporatelimits, and Pasadena will relinquish to La Porte its exclusive ETJ rights to certain land to be relinquished to and become part of the ETJ of La Porte; WHEREAS, that approximate99 acre tract (the "Pasadena Annexation Property") described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes, is a part of and within the exclusive extraterritorial jurisdiction of the City of La Porte; WHEREAS, that approximate 73 acre tract (the "La Porte Property") described on Exhibit "B" attached hereto and by this reference incorporated herein for all purposes, is a part of and partiallywithin the exclusive extraterritorial jurisdiction and partially within the corporatelimits of the City of Pasadena; WHEREAS, the City of Pasadena and the City of La Porte desire to adjust the boundaries of the City of Pasadena and the City of La Porte, such that the Pasadena Annexation Property shall become a part of the exclusive ETJ of the City of Pasadena, and the La Porte Property shall become a part of the exclusive ETJ of the City of La Porte; WHEREAS, the boundaries of the City of Pasadena and the City of La Porte will be adjusted in accordance with the ETJ reapportionment, annexation and disannexation descriptions contained in the Exhibits A, B, and D attached hereto and by this reference incorporated for all purposes; WHEREAS, the City of Pasadena and the City of La Porte agree and understand that the City of Pasadena intends, after approval by both parties of this Agreement, to annex into the corporate limits of the City of Pasadena the approximate 99 acre tract, also named herein the “Pasadena Annexation Property” and described herein by Exhibit “A”; and, to disannex that portion of the La Porte Property that is contained within the corporate limits of Pasadena; and WHEREAS, after such ETJ boundary adjustment by the City of La Porte placing the La Porte property within La Porte’s exclusive ETJ, and by the City of Pasadena placing the Pasadena Annexation Property within Pasadena’s exclusiveETJ, and subsequent annexationby the City of Pasadena of the Pasadena Annexation Property, the City of Pasadena desires to make certain drainage improvements to the Pasadena Annexation Property (the "Drainage Improvements") as further described on Exhibit "C" attached hereto and by this reference incorporated herein for all purposes, which Drainage Improvements areanticipated to provide drainage improvements for the benefit of both the City of Pasadena and the City of La Porte. NOW THEREFORE, for and in consideration of the payment of Ten Dollars ($10.00) cash and other good and valuable consideration paid each unto the other, the sufficiency of which is hereby acknowledged and confessed the City of Pasadena and the City of La Porte hereby agree as follows: 1.The City of La Porte will take all required governmental processes to approve this Agreement,which when adopted does hereby cause and implement the adjustment of its boundaries such that theLa Porte Property willbecome a part of and within the exclusive extraterritorial jurisdiction of the City of La Porte, and the Pasadena Annexation Property can be released to andbecome a part of and within the exclusive extraterritorial jurisdiction of the City of Pasadena; for purposes of La Porte’s acquisition of the La Porte Property into its ETJ it is stipulated to by both parties that the portion of the La Porte property that is within the corporate limits of Pasadena, and which shall be disannexed by Pasadena pursuant to but after approval of this Agreement,shall immediately become part of the exclusive ETJ of La Porte upon the effective date of said disannexation, without further action required by La Porte. 2.The City of Pasadena will take all required governmental processes to approve this Agreement,whichwhen approved doeshereby cause and implement the adjustment of its boundariessuch that the Pasadena Annexation Property will become a part of and within the extraterritorial jurisdiction of the City of Pasadena, and that portion of the La Porte Propertythat is within the ETJ of Pasadenawill be released to andbecome a part of and within the exclusive extraterritorial jurisdiction of the City of La Porte. Furthermore, after approval of this Agreement, Pasadena will take all required governmental processes to disannex that portion of the La Porte Property that is within the corporate limits of Pasadena and to annex the Pasadena Annexation Property. It is agreed by Pasadena that at such time that it legally disannexes that portion of the La Porte Property that is within its corporate limits, such portion of property shall become part of and within the exclusive extraterritorial jurisdiction of the City of La Porte, in accordance with paragraph one (1) above.The properties to be annexed and disannexed by Pasadena are described on the attached Exhibits “A” and “B” attached hereto and incorporated herein for all purposes. 3.The City of Pasadena plans to proceed with its project regarding the construction on thePasadena Annexation Property including the relocation of two driveways andthe Drainage Improvements, pursuant to the provisions set forth on Exhibit "C", and with the construction of the Drainage Improvement being subject to and contingent upon the satisfaction of its studies, investigations and assessments, and all governmental permits and approvals, including any environmental approvals;Construction of said Improvements shall be completed no later than three years from the date of this agreement. 4.La Porte and Pasadena understand and agree that Pasadena’s construction of Drainage Improvements constitutes no guarantee or assurance that such Improvements will, in fact, cause or result in a reduction of flood waters or flooding in any area in La Porte. La Porte and Pasadena further agree that such DrainageImprovements as outlined in this Agreement do, in fact, constitute the best efforts of Pasadena to mitigate flooding in the area described. 5.The extraterritorial jurisdiction boundary realignment between La Porte and Pasadena as herein described is in the best interests of the property owners and inhabitants of both cities with the common extraterritorial jurisdiction boundary line and apportionment of extraterritorial jurisdiction between La Porte and Pasadena being hereby determined, fixed and ratified in accordance with this agreement. 6.La Porte and Pasadena do hereby covenant and agree to protect, preserve, and defend the hereinabove described boundary, realignment, and appointment of extraterritorial jurisdiction; 7.La Porte and Pasadena agree and resolve that the adoption by both cities of this Interlocal Agreement, and the relinquishment and acceptance of the above described territories by each party does not mitigate, diminish, or lessen in any manner the rights that either party may have at law or in equity, to challenge or contest any other annexations or attempted annexations made by the other party; 8.The City of Pasadena and the City of La Porte understand and agree that the La Porte Property is currently the subject of an Industrial District Agreement between the City of Pasadena and Lyondell Chemical Company in effect until the year 2018 and that the La Porte Property can only be transferred to La Porte’s exclusive ETJ upon approval by Lyondell of rescission of its Industrial District Agreement with the City of Pasadena. As such, it is agreed by the City of Pasadena that this Agreement shall be null and void, and of no effect, unless 1) Pasadena secures the written consent of Lyondell to rescission of said Industrial District Agreement and first provides evidence of such written agreement to La Porte, and 2) Lyondell provides a written commitment to La Porte indicating its willingness to enter into an Industrial District Agreement with La Porte. 9.This Agreement shall become effective and binding only after it has been approved by an ordinance of the governing body of the City of Pasadena and an ordinance of the governing body of the City of La Porte. Compliance with this paragraph shall be evidenced by certified copies of the ordinances of the Cityof Pasadena and the City of La Porte, approving this Agreement, with such certified copies being attached to this Agreement as Exhibit "E" hereto. This Agreement shall be executed in duplicate originals. Furthermore, both Pasadena and La Porte agree thatthis agreement is contingent upon, and subject to the completed and final annexation into the corporate limits of the City of Pasadena, Texas of the Pasadena Annexation Property. This agreement upon approval by ordinance of this agreement and satisfactionof the conditions contained herein of the City Council of the City of Pasadena, Texas and the City of La Porte, Texas provides full authority to Pasadena and La Porte to commence the annexation and disannexation of property as described herein. (Signature Page to follow) EXECUTED on the dates set forth below and EFFECTIVE as of the date first set forth above. Approved by the City of Pasadena, Texas on the ____ day of ___________, 20___. ATTEST: THE CITY OF PASADENA, TEXAS By: By: Name: Name: Title: City Secretary Title: Mayor Approved by the City of La Porte, Texas on the ____ day of ___________, 20___. ATTEST: THE CITY OF LA PORTE, TEXAS By: By: Name: Name: Title: City Secretary Title: Mayor 0853134.02 000001-000913:11/03/2 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:June 25, 2012 Source of Funds: Requested By:Denise Mitrano Account Number: Department:Municipal Court Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits:PowerPoint Budgeted Item:YESNO Exhibits: Exhibits SUMMARY & RECOMMENDATION Judge Denise Mitrano will discuss Municipal Courts of Record. Topics Judge Mitrano will address include: What is a Municipal Court of Record? How does a Municipal Court become a Court of Record? What are the Advantages of being a Municipal Court of Record? What are the anticipated Costs to the City? Chief Ken Adcox will discuss how the La Porte Police Department would benefit by converting La Porte Municipal Court to a Court of Record. Topics Chief Adcox will address include: A summary of different types of Search Warrants. An explanation of Evidentiary Search Warrants. How Evidentiary Search Warrants are currently obtained by La Porte police officers. A review of the types of cases that involve some type of digital media. La Porte Police Department Search Warrant needs. This discussion will be supported by a PowerPoint presentation. Action Required by Council: Provide direction to staff regarding the proposed conversion to a Municipal Court of Record. Approved for City Council Agenda Interim City Manager Steve Gillett Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June25, 2012 :N.A. Source of Funds Julian Garza Requested By: Account Number: N.A. Department: Planning Amount Budgeted: N.A. Report: _X__Resolution: _ _Ordinance: ___ Amount Requested: _N.A. Exhibit:Drainage Report 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 asan exhibit. Staff will be present to answer any questions that Council may have regarding the projects in the report. _____________________________________________________________________________________________ Action Required by Council: ReceiveDrainage Report. _____________________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Steve Gillett, Interim City Manager Date CITY COUNCIL DRAINAGE REPORT June 25, 2012 Contract Design and Construction th South 16Street. Design complete, pending agency approval. F101 Channel Improvements by HCFCD. Hydro excavation complete. Land Dev Engineering preparing Preliminary Engineering Report to be finalized by January 2013. Third Street Drainage Improvements.Texas General Land Office preparing contract. F216 Regional Detention Phase II. Survey underway, Hydrologic and Hydraulic study to follow survey. In-House Design and Construction of City-Initiated Projects Battleview Area. Survey and design complete. Plans submitted for pipeline review and approval. East Main. Construction is substantially complete. Sunrise and Broadway.Installation of additional culverts by Public Works at South Shady Lane and Baywood along Broadway in progress. Battleground Estates and Shady River. Submitted request to HC for improvements of P Street and F101 and contracting with consultant to prepare an impact analysis for McCabe Roadand A104. In-House Drainage Maintenance Activities North Shady Lane. Survey is complete and design underway for drainage improvements along North Shady Lane. In-Fill DrainageMaintenance. Public Works working on completing drainage th maintenance at 15and C Streetand East Main Street. Arizona Ditch from C Street to D Street. Public works to begin construction of an overflow swale and upsize the storm sewer system for additional capacity. Miscellaneous Projects 1718 Roscoe. Owner has secured the appropriate US Army Corp of Engineers Permit and has contracted with an engineer to provided additional drainage calculations and revise the Drainage Report to show that the proposed scope of work will not impact the water surface elevation. La Porte RedevelopmentAuthority Meeting, Wednesday, June 27, 2012 City Council Meeting, Monday, July 9, 2012 City Council Meeting, Monday, July 23, 2012 Charter Review Commission Meeting, Tuesday, July 24, 2012 regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staffregarding specific factual information or existing policies– Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, and Mayor Rigby. 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: Deliberation regarding real property: Discussion of the sale of property located at 912 West Main Street. into regular session and consider action, if any, on item(s) discussed in executive session.