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HomeMy WebLinkAbout01-28-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Mayor Pro-Tem, Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Councilmember District 5 MIKE MOSTEIT MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held January28, 2013,beginning at 6:00 p.m.in the Council Chambers of City Hall, 604 West Fairmont Parkway, LaPorte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4.PRESENTATIONS, PROCLAMATIONSand RECOGNITIONS (a) (b) (c) (d) (e) (f) 5. PUBLIC COMMENTS 6. CONSENT AGENDA (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.) (a) (b) (c) (d) (e) (f) (g) 7. ORDINANCE (a) 8. DISCUSSION OR OTHER ACTION (a) (b) (c) (d) 9.REPORTS (a) (b) 10. ADMINISTRATIVE REPORTS (a) 11. COUNCIL COMMENTS 12. EXECUTIVE SESSION Texas Government Code, Section 551.074 – 13. RECONVENE 14. ADJOURN I n 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 Council Agenda Item January28, 2013 1.CALL TO ORDER 2.INVOCATION 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) (b) (c) (d) (e) (f) 5.PUBLIC COMMENTS *********************************************************************************** COMPREHENSIVE ANNUAL FINANCIAL REPORT CERTICATION The Certificate of Achievement for excellence in Financial Reporting has been awarded to the City of La Porte by the Government Finance Officers Association of the United States and Canada for its annual comprehensive annual financial report (CAFR) for the fiscal year11. The Certificate of Achievement is the highest form of recognition in the area of governmental acco attainment represents a significant accomplishment by a government and its management. The CAFR has been judged by an impartial panel to meet the high standards demonstrating a constructive spirit of full disclosure to clead motivate potential users and user groups to read the CAFR. The G association serving approximately 17,500 government finance prof Illinois and Washington, DC. The City of La Porte has received this prestigious award for thirty-one consecutive years. George Mahlstedt Retirement George came to work with the city in 1989 when the City of La Porte annexed the Bay Mud area. George started out in the Water Production department and then transferred to the fire departmen 1990. Before transferring into the Fire Department, George was afirefighter serving as a Lieutenant. George spent 22 years at station 4 starting in the old station and moving into the new station on South Broadway in 2003. George is well known around the station for always being willing share a cup of coffee. The pot was always on or a fresh pot was just a few minutes away. Citizens in the area knew they could call on George for so many things other than fire related problems. He l area for many years and was always willing to help everyone. Geo the communitys needs before his own. The Fire Department congraulates George on his retirement. MANAGER OF THE YEAR:SHELLEY WOLNY It is with much pride that Ipresent Shelley Wolny with the Manager of the Yearaward.Shelleyhas been the catalyst of the Finance Departmentfor many years, and over the years, she has assisted other departments with their budgets and cost control measures. In her capacity asTreasurer,Shelley oversees a city budget of $70 millionand a $52 million dollar portfolio. She has been primarily responsible for the City being awarded the DistinguishedBudget Award for the last (13) yearsand Distinguished Investment Award for excellencein investment management for the last 8 years. Her conservative approach to budget and cost containment monitoring has allowed the city to build a healthy fund balance andfund several major capital projects such as municipal court and fire station one without incurring additional debt. In addition to these regular duties, Shelley is currently implementing the City’s move to electronic government for cash collections. She has researched and coordinated lock box payments, which will increase productivity amongst staff as well as advance customer service. Furthermore, she has coordinated the installment of a utility billing kiosk for 2013. The kiosk will allow citizens the ability to pay all city transactions 24 hoursper day,seven days a week. Shelleyis dependable, dedicated, a problem solver, who exceeds expectations.In addition to the aforementioned attributes, she is a pleasure to be around and serves as a great ambassador of the finance office to other city departments and the community of La Porte. It is for these reasons that I am pleased to present Shelley Wolny as La Porte’s Manager of the Year. Shaye Bradley: Manager of the Year, Runner Up Police Communications Supervisor Shamarian Bradley was nominated by her supervisors and employees for the City of La Porte’s 2012 Manager of the Year. The st runner-up for this distinguished award and we are awards committee named her 1 pleased to be able to recognize her this evening. Shaye began her employment with the City of La Porte as a Police Dispatcher in January, 2009. She was promoted to Supervisor overCommunications in September, 2011and given additional supervisory responsibilities over Records a month later. Since assuming her duties as a Supervisor, Shaye has achieved a number of accomplishments. Theseinclude the perpetualtracking of various statisticsrelated to our Performance and Goals Measurements, the reduction of response time to emergencies while the number of dispatch related calls increased, updating all communications licenses with the Federal Communications Commission,overseeing a successful audit of our systems and practices by the Texas Department of Public Safety, and serving as project manager for an upgrade to all our field communications elements. In addition, Shaye also served as liaisonfor Police Communications/Dispatch on the Municipal Court’s warrant roundup in 2012, provided significant contributions to the Police Department’s Continuity of Operations Plan in Emergency Management, coordinated diagnostics and solutions to radio deficiencies related to EMS tone outs for response, and has worked closely with investigators, outside law enforcement agencies and criminal justice entities in providing vital backup for case adjudications. These are just a few examples of her excellent work. She is very much respected by her peers and those who work under her guidance. She serves as a perfect and inspiring role model not only to women in public safety, but to all members of st Runner Up for municipal government. It is my privilege to recognize Shaye as 1 Manager of the Year. Tammy Adams: Employee of the Year The City of La Porte is pleased to recognize Telecommunicator Tammy Adams as the Employee of the Year for 2012. Tammy has been in the police department for over sixteen years and is a Certified Training Officer for the dispatch center. On June 6, 2012, Tammy was working the evening shift and received a 911 call from a mother who had found her child unresponsive in the swimming pool. Tammy was able to calm the hysterical mother and give her clear and concise CPR instructions to save the child’s life. Tammy also sent the EMS/FIRE to the mother’s location and Tammy remained on the phone with the mother, encouraging her during the emergency until help arrived. The telecommunicators are an essential, and yet largely unseen, element of the exceptional emergency services provided by the La Porte Fire, Police, and EMS personnel. They are the first point of contact for all emergency calls for service and their contributions do not go unnoticed. Therefore, it is my honor to recognize Tammy Adams as Employee of the Year. EMPLOYEE OF THE QUARTER  SONYA CATES Sonya Cates has been with the La Porte Municipal Court for five and one half years. She has thirteen years experience as a court clerk and is a Level l Certified Court Clerk preparing for Level ll certifica Sonya has assumed so many additional duties and responsibilities last few years that have been a benefit to the court and to the Porte. Listed below are just a few of her accomplishments that make her an excellent candidate for this award: Instrumental in setting up the CtyConnect for the court with La Porte being the first court to utilize this call out system for collections purposes. She is the go to person throughout the state for this system Worked diligently with the R.O.C.K. Program to provide community service projects and programs as a form of alternative sentencing for our juveniles Involved in the implementation of an imaging system to assist th court in becoming paper light. She has worked with the IT Department and the vendor to convert the court to a hosted environment Maintains the website for the court Involved in National Night Out and the Health and Safety Fair Sonya is very conscientious about her job and the role of the Mu Court in the community. These are all responsibilities that are above and beyond her job as Deputy Court Clerk/Community Service Coordinator. She is a definite asset to the court and to this c and is very deserving of this award. Council Agenda Item January 28, 2013 ( 6.CONSENT AGENDA All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion ofthese items unless a Councilmember requests an item be removed and considered separately.) (a) (b) (c) (d) (e) (f) (g) *********************************************************************************** LOUIS RIGBY DARYL LEONARD JOHN ZEMANEK TOMMY MOSER JAY MARTIN DOTTIE KAMINSKI MIKE CLAUSEN MIKE MOSTEIT CHUCK ENGELKEN MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JANUARY 14, 2013 Monday,January 14, 2013, 6:00 p.m 1.CALL TO ORDER 2.INVOCATION 3.PLEDGE OF ALLEGIANCE 4.PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) 5. PUBLIC COMMENTS Page 1 of 7 January 14, 2013, City Council Meeting Minutes 6.CONSENT AGENDA (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 an item be removed and considered separately.) (a) (b) (c) (d) (e) (f) (g) (h) (i) Page 2 of 7 January 14, 2013, City Council Meeting Minutes Ordinance 3457: Ordinance3458: Ordinance 3459: Resolution2013-01: Resolution2013-02: MOTION PASSED. 7.AUTHORIZATIONS/RESOLUTIONS/ORDINANCES (a) MOTION PASSED. (b) Page 3 of 7 January 14, 2013, City Council Meeting Minutes Ordinance 3460: Ordinance 3460 MOTION PASSED. (c) Ordinance 3461: Ordinance3461 MOTION PASSED. (d) 2013-03 MOTION PASSED. Page 4 of 7 January 14, 2013, City Council Meeting Minutes 8. DISCUSSION OR OTHER ACTION (a) (b) Page 5 of 7 January 14, 2013, City Council Meeting Minutes MOTION PASSED. 9.REPORTS (a) 10.ADMINISTRATIVE REPORTS (a) 11. COUNCIL COMMENTS Page 6 of 7 January 14, 2013, City Council Meeting Minutes 12.EXECUTIVE SESSION Texas Government Code, Section 551.072 – Texas Government Code, Section 551.072 – 13. RECONVENE 14.ADJOURN MOTION PASSED UNANIMOUSLY. Page 7 of 7 January 14, 2013, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested January 28, 2013 Source of Funds:General Fund Requested ByPatrice Fogarty Account Number:001-6067-510-6004 Department:City Secretary Amount Budgeted: 15,000 Report Resolution: Ordinance: X Amount Requested:15,000 Exhibits: Ordinance Calling General Election Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION For Council’sconsideration is an ordinance ordering the general election of the City of La Porte to be held on May 11, 2013, and calling for a run-off election, if necessary, on June 8, 2013. This election will be a joint election between the City of La Porte, La Porte ISD, and the SanJacinto College District. The statutory deadline to order the general election is March 1, 2013. Passage of the ordinance at this council meeting is wellwithin statutory requirements. An ordinance ordering the special election for Charter amendments will come before Council at a meeting in February. Action Required by Council: Consider approval or other action to adopt ordinance ordering a general election on May 11, 2013, a joint election with LPISDand the San Jacinto College District, and a run-off election, if necessary, on June 8, 2013. Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January28, 2013 Source of Funds:N/A Requested By:Michael Dolby, CPA Account Number:N/A Department: Finance Amount Budgeted:N/A Report: Resolution: Ordinance:XX Amount Requested:N/A Exhibits: Ordinance Budgeted Item:YESNO Exhibits: Excerpt from FY 2012Adopted Budget & Amended Budget(Exhibit A & B) Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2012-13 Budget on September 10, 2012. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2012-13 Budget. (*denotes funds with current changes) PreviouslyProposed Original BudgetAmended Budget**Amended Budget General Fund $36,545,885$36,556,465$38,093,712* Grant Fund6,552,8106,585,5666,915,266* Street Maintenance Sales Tax Fund1,200,0001,200,0001,200,000 Emergency Services District Sales Tax Fund802,785802,785802,785 Hotel/Motel Occupancy Tax565,285565,285565,285 EconomicDevelopment Corporation816,318822,013822,013 Tax Increment Reinvestment Zone2,613,5792,613,5792,613,579 Utility8,079,3588,079,3588,079,358 Airport 63,66963,66963,669 La Porte Area Water Authority1,195,7601,195,7601,195,760 Motor Pool 2,523,2983,178,3163,381,736* Insurance Fund 5,709,6845,709,6845,709,684 General Capital Improvement 673,500673,5001,916,500* Utility Capital Improvement 175,000175,000255,000* Sewer Rehabilitation Capital Improvement 350,000350,000350,000 Drainage Improvement Fund250,000250,000250,000 2006 General Obligation Bond Fund0040,000* 2007 Certificates of Obligation Bond Fund23,39123,39123,391 2010Certificates of Obligation Bond Fund1,075,2231,075,2231,075,223 Transportation & Other Infrastructure Fund50,80750,80750,807 General Debt Service 2,508,3372,508,3372,508,337 Utility Debt Service 296,861296,861296,861 La Porte Area Water Authority Debt Service698,556698,556698,556 Total of All Funds $72,770,106$73,474,155$76,907,522 **The previously amended budget includes the encumbrance roll forwards totaling $704,049 from FY2012 which were taken before Council in December. No otherchanges have been made to the original budget. Action Required by Council: Adopt Ordinance Amending Fiscal Year 2012-13Budgetfor the following items: A.$216,331in the General Fund Police Department budget for the meet & conferagreement. B.$329,700 in the GrantFund for the Home Grant(3 Homes) C.$4,000 in the General Fund for water coolers at the Golf Course. D.$40,000 in the 2006 GO Bond Fund for restroom at Pecan Park. E.$80,000 in the Utility CIPFund for a meter replacement/maintenance program. F.$1,226in the General Fund Planning Department for a tuition reimbursementrequest. G.$8,152 in the General Fund Parks Department for a change order to the lifeguard contractfor the 2012 season. H.$5,800 in the General Fund Parks Department for emergency repairs tothe Sylvan Beach Pier. Will be offset by monies held in escrow. I.$33,530 in the General Fund for Grounds Maintenance Services Contract. J.$25,208 in the General Fund Planning Department for the payoff of back taxes for properties for Bay Area Habitat for Humanity. K.$1,243,000 in the General Fund for a transfer to the General CIP Fund for emergency preparedness/generators and the Wave Pool pump house repair. L.$1,100,000 in the General CIP Fund for emergency preparedness, including the purchase of generators. M.$143,000 in the General CIP Fund for Wave Pool pump house repairs. N.$203,420 in the Motor Pool Replacement Fund for the purchase of a street sweeper. Approved for City Council Agenda Corby Alexander, City Manager Date EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 12-13FY 12-13 RevenuesExpenses Governmental Fund Types: General Fund36,782,41236,545,885 Grant Fund6,360,3486,552,810 Street Maintenance Sales Tax864,6991,200,000 Emergency Services District864,699802,785 Hotel/Motel Occupancy Tax426,500565,285 Economic Development Corporat1,730,397816,318 Tax Increment Reinvestment1,634,0482,613,579 Total Governmental Types48,663,10349,096,662 Enterprise: Utility8,061,8008,079,358 Airport54,50063,669 La Porte Area Water Authority1,230,5501,195,760 Total Enterprise9,346,8509,338,787 Internal Service Motor Pool2,358,0792,523,298 Insurance Fund5,684,4275,709,684 Technology Fund170,083- Total Internal Service8,212,5898,232,982 Capital Improvement: General280,000673,500 Utility301,000175,000 Sewer Rehabilitation250,500350,000 Drainage Improvement Fund266,350250,000 2007 C/O Bond Fund-23,391 2010 C/O Bond Fund-1,075,223 Other Infrastructure-50,807 Total Capital Improvement1,097,8502,597,921 Debt Service: General2,459,1682,508,337 Utility287,544296,861 La Porte Area Water Authority698,556698,556 Total Debt Service3,445,2683,503,754 Total All Funds70,765,66072,770,106 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 12-13FY 12-13 RevenuesExpenses Governmental Fund Types: General Fund36,788,21238,093,712 Grant Fund6,690,0486,915,266 Street Maintenance Sales Tax864,6991,200,000 Emergency Services District864,699802,785 Hotel/Motel Occupancy Tax426,500565,285 Economic Development Corporat1,730,397822,013 Tax Increment Reinvestment1,634,0482,613,579 Total Governmental Types48,998,60351,012,640 Enterprise: Utility8,061,8008,079,358 Airport54,50063,669 La Porte Area Water Authority1,230,5501,195,760 Total Enterprise9,346,8509,338,787 Internal Service Motor Pool2,358,0793,381,736 Insurance Fund5,684,4275,709,684 Technology Fund170,083- Total Internal Service8,212,5899,091,420 Capital Improvement: General1,523,0001,916,500 Utility301,000255,000 Sewer Rehabilitation250,500350,000 Drainage Improvement Fund266,350250,000 2006 GO Bond Fund-40,000 2007 C/O Bond Fund-23,391 2010 C/O Bond Fund-1,075,223 Other Infrastructure-50,807 Total Capital Improvement2,340,8503,960,921 Debt Service: General2,459,1682,508,337 Utility287,544296,861 La Porte Area Water Authority698,556698,556 Total Debt Service3,445,2683,503,754 Total All Funds72,344,16076,907,522 Wolny, Shelley From: Sent: To: Subject: Attachments: Placethisinthefinalnumbersfornextyear. From: Leach, Traci Sent: Thursday, September 06, 2012 9:41 AM To: Dolby, Michael Subject: FW: Revised Contract C—LvLthinkwehaveanagreement. Totalcostis$216,331.Thebulkofthisismarketadjustmentandthestepincreasesforofficers,whichcomesto $180,831(includesOT,TMRS,andFICA).Theremainderisincreasestoincentive,educational,andcertificationpays $35,500. TheAssociationwillbevotingonitandCouncilwillneedtoapproveitaswellbutIthinkwearethere. From: Adcox, Kenith Sent: Wednesday, September 05, 2012 5:13 PM To: Alexander, Corby; Leach, Traci; Anderson, Katherine; Adcox, Kenith; Novosad, Matthew; Upchurch, Marcus; Huckabee, James David; Paige, Christopher Subject: Revised Contract Iwasveryencouragedby·š7äx­meetingandwouldliketothankeveryoneinvolvedfortheirdedicatedeffortsduring thisä;©x­negotiations.Therevisedcontractisattached.PleaseletmeknowifImissedanything. Thankyou, Ken Adcox, Chief of Police La Porte Police Department 3001 North 23rd St. La Porte, TX 77571 Off: 281-842-3101, Fax: 281-470-1590 1 B Wolny, Shelley From: Sent: To: Subject: From: Dolby, Michael Sent: Wednesday, October 03, 2012 4:20 PM To: Leach, Traci; Osmond, Alex Cc: Wolny, Shelley Subject: RE: PR #15738/Agra Turf BasedonmemodatedAugust14,2012,thegolfcoursewasgoingtospendthemoneyin2012asaresultofsavingson chemicals.Therefore,the2013budgetdidnotincludeadditionalfundingforthewatercoolers.WewillallowAlexto purchasethecoolersandincreasethebudgetwithourcatchupamendmentafterthefirstquarter. From: Leach, Traci Sent: Tuesday, October 02, 2012 1:29 PM To: Osmond, Alex; Dolby, Michael Subject: RE: PR #15738/Agra Turf Didwenotadjustthefinalapprovedbudgettoincludeallcoolers?IrecalltheMayormakingthat©;-š’’;“7·zš“vu From: Osmond, Alex Sent: Tuesday, October 02, 2012 11:50 AM To: Dolby, Michael Cc: Leach, Traci Subject: FW: PR #15738/Agra Turf Michael,Ididapurchaserequisitionforthewaterstationsandclubcleanerthatwebudgeted.Account0016049551 2090needstobeincreased$3600tocoverthecostofthenewwaterstationssincewearereplacingallofthem.Please adviseBobWardsohecanissueaPO. Thanks. 1 C Wolny, Shelley From: Sent: To: Cc: Subject: Shelley: PleaseusethisemailasbackupforthenewprojecttobeaddedforPecanparkrestroom.Thisprojectwasapprovedto beincludedinthequarterlyamendmentbyCouncilattheDec10,2012meeting.FundingisavailableinthePecanpark BondFund.Estimatedprojectbudgetis$40,000. Thankyou. TraciE.Leach AssistantCityManager,CityofLaPorte 2814705012office 2818136094mobile leacht@laportetx.gov "TheCityofLaPorteembracesourheritage,communityvaluesandopportunities,whileenhancingthequalityoflifefor ourcitizens" 1 D Wolny, Shelley From: Sent: To: Subject: TheCitypurchasedtheautomatedmeterreadingsystem(AMR)in2006.Sincethattime,wehaveencounterednormal wearandtearmaintenanceissuesregardingtheelectroniccomponentsofthesystem.Wehavebeenabletomaintain thesystemoverthelastfewyearswithminimalinventoryinstock;however,astimepassedandthesystembeganto agethemaintenanceissuesincreased. Wehavetworeadcycles3,and4.Staffreadseachcyclemonthlyandtheexpectedoutcomeofthereadsisforthe systemtoelectronicallyreadatleast95(ninetyfivepercent)ofeachassignedmeterroute.However,wearereceiving other13%hastobereadmanually.Themeterreadingstaffconsistof3individualswho roughly87%percent.The havesporadicallyreplacedthecomponentsofthetroubledmeters,buttheyhavenotbeenabletogetaheadofthe continualsystemdegradation,whichifnotcorrectednowmayendangerourabilitytoprovidequalitycustomer service. Therefore,staffisrequestingfundingof$80,000topurchaseroughly400componentsthatcanbeexchangedwiththe manufacturerfornewcomponents.Theexchangeprogramwillprovidethecitysubstantialinventorytocorrectfuture maintenanceissues.ThefundingwillcomefromtheUtilityCIPEғ7x­fundbalance. Thanks, Michael 1 E Wolny, Shelley From: Sent: To: Cc: Subject: Attachments: Shelley, HumanResourcesadvisedthattuitionbudgetamendmentsareautomaticallyapprovedsinceclassesnolongerhaveto bepreapprovedorjobrelatedandemployeeiseligiblefor(17)semesterhoursannually. th SinceY©ä­·Œ;x­courseswerenotabudgeteditem,pleaseincludethefollowinginyourJan.28CCbudgetamendment request. $428Successfulcompletionoffall2012courses‘(6)semesterhours($428receipt+passinggradereceived) $398Winter2013courses‘(6)semesterhours‘(coursedescriptionsprovidedbuttuitionnotyetpaid‘backupto follow) $400Spring2013‘potentialfor(5)remainingeligiblesemesterhours(estimate) $1,226Budgetamendmentrequest Pleaseadviseifyouneedanythingelse.Also,letmeknowwhenyousetupacct#3024(TuitionReimbursement)andthe fundsbecomeavailable. Thankyouforyourhelp, Debbie 1 F REQUEST FOR CITY COUNCIL AGENDA ITEM _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION Action Required by Council: $8,151.17 ____________________________________________________________________________________ Approved for City Council Agenda G H Wolny, Shelley From: Sent: To: Cc: Subject: Helloall, IjustspoketoSusan;shewouldpreferthatwechangetherequisitiontothecurrentlyfundedamount($190,000)and shewillissueapurchaseorderforthatamount.Afterthebudgetamendmentisapprovedbycouncil,Scottcan st requisitionthedifferenceanditcanthenbeaddedtothefirstpurchaseorder.ThiswillgetusgoingonOctober1,and allowustoprocesspaymentswhiletheadjustmentsaremadetothebudget. Scott,pleasechangetherequisitionamountandTracicanapproveandÞ;xŒŒbeonourmerryway! Thankstoallfortheirhelponthis. Stephen I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September10, 2012Appropriation Requested By:Stephen L. BarrSource of Funds: Fund 001 Department:Parks & RecreationAcc’t Number:001-6146-515-5007 Report: _X__Resolution: _____Ordinance: ____Amount Budgeted: $190,390 Exhibits: ProposalEvaluationAmount Requested: $223,920 Exhibits: Bidder’s ListBudgeted Item: YES X NO Exhibits: _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION The City issued Sealed RFP #12506 for Grounds Maintenance Services at various sites (park and trail sites, and for esplanades and City buildings), to eighteen potential bidders. Also includedin the proposal packageis the new detention basin in the F216 watershed, as well as additional esplanade and st trail segments that are currentlymaintained by the City.Bids were opened on August 21with six Camp’s Landscape Services vendorsresponding. After evaluation of the proposals, was chosen as the Camp’s Landscape Services contractor most advantageous for the City.has good references in the area and has provided landscape maintenance services to the City of La Porte for a number of years. Camp’s Landscape Services proposal forlandscape maintenance services to the City for Section 1 Parks Grounds and Trails is $88,100; forSection 2Non-Departmental is $122,320;and Alternate 1 F216 Detention Basinis $13,500 for a total proposal of $223,920. Camp’s Landscape Services Staff recommends acceptance of the proposal from in the amountof $223,920 for landscape/grounds maintenance services at various sites throughout the City of La Porte, as proposer best meeting the needs ofthe City for this contract. Action Required by Council: Camp’s Landscape Services$223,920 Consider award of contractto in the amount of for grounds maintenance services at various sites throughout the City of La Porte, as proposer best meeting the needs of the City for this contract. ____________________________________________________________________________________ Approved for City Council Agenda ___________________________________________________________ Corby D.Alexander, City ManagerDate J Wolny, Shelley From: Sent: To: Cc: Subject: Attachments: TheattachedwassubmittedwithamemotoCorbyinSeptember,2012andforwardedtocouncil byCorbyinturn.The$800,000forutilityrelatedgenerators+$310,000forothercity infrastructure=$1,110,000referredtobycouncil. Outofgeneralfundbalancewasmyunderstanding. Dave OriginalMessage From:Mick,David[mailto:MickD@laportetx.gov] Sent:Wednesday,January16,201310:53AM To:Mick,David Subject:Messagefrom"RNP0026731D340E" ThisEmailwassentfrom"RNP0026731D340E"(AficioMPC4501). ScanDate:01.16.201311:52:36(0500) Queriesto:publicworksscanner@laportetx.gov 1 K/L From:Barr, Stephen To:Leach, Traci; Bradley, Scott; Wolny, Shelley; Dolby, Michael Subject:Fwd: Estimated cost of repairs, Wave Pool Pump house Date:Sunday, January 20, 2013 7:08:17 PM Attachments:CLP Wave Pool findings w cost estimate.pdf ATT00001.htm CLP Wave Pool rep Construction Cost estimate.pdf ATT00002.htm FYI, our current budget is $59k; looks like we will need an ESTIMATED additional $143k toe the project. :( Sent from my iPhone Begin forwarded message: From: "Bill Manning Jr." <manningengineering@sbcglobal.net> To: "Barr, Stephen" <BarrS@laportetx.gov> Cc: "Leach, Traci" <LeachT@laportetx.gov>, "Bradley, Scott" <BradleyS@laportetx.gov>, "Rigby, Marlene" <RigbyM@laportetx.gov>, "McPhail, Reagan" <McPhailR@laportetx.gov> Subject:RE: Estimated cost of repairs, Wave Pool Pump house Stephen, Attached is the letter report with findings and cost estimate. Also attached is the detailed breakdown of the construction cost estimate if you need that as well. The construction cost estimate with 10% contingency, radar testing costs and engineering costs is included in the letter report. Let me know if you need anything else. Do I need to be at the Council Meeting? Thanks Bill William T. Manning, Jr., P.E. Manning Engineering Corp. 108 S. 2nd St. La Porte, Tx 77571 ph 281-471-7590 fax 281-470-9486 TBPE Firm Reg. No. F-2630 If the reader of this message is not the intended recipient, you are informed that any dissemination, copying or disclosure of the information and material contained herein, to include any attachments, in whole or in part, is strictly prohibited. If you have received this transmission in error, please notify the sender and purge this message and attachments. If M CITYOFLAPORTE WAVEPOOLMECHANICALROOMSTRUCTURALREPAIRSANDIMPROVEMENTS CONSTRUCTIONCOSTESTIMATE Engineer'sEstimate Unit ItemDescriptionUnitQuantityPriceTotal 1Mobilization,InsuranceandBondingL.S.1$7,000.00$7,000.00 2RoofandSoundStructureDemolitionL.S.1$2,500.00$2,500.00 3CMUWallSectionDemolitionL.S.1$1,800.00$1,800.00 4AirPlenumSectionandPavingDemolitionL.S.1$5,500.00$5,500.00 5ElectricalDemolitionandTempSupportL.S.1$3,500.00$3,500.00 6RelocationofAirCompressorL.S.1$2,000.00$2,000.00 7ReconstructionofAirPlenumcuyd17$750.00$12,750.00 8ReconstructionofCMUWallsqft243$20.00$4,860.00 9NewroofstructuralL.S.1$10,150.00$10,150.00 10Newroofdeckandcoversqft1794$5.00$8,970.00 11NewSoundattenuationstructureL.S.1$1,800.00$1,800.00 12RemoveandremountplenumductandhatchL.S.1$2,500.00$2,500.00 13Newelectricalroomslabcuyd1.5$400.00$600.00 14Newlightsunderroofcovereach15$270.00$4,050.00 15New600Amp,600VoltelectricalpanelL.S.1$10,000.00$10,000.00 16RemoveandremountelectricalinnewpanelL.S.1$3,000.00$3,000.00 17Paintingsqft5550$2.00$11,100.00 18Newacidfeedpumpsystemwcontaiment&elecL.S.1$7,000.00$7,000.00 19RemountingpipeandconduittonewroofstructureL.S.1$5,000.00$5,000.00 20RaisemaincontrolpanelandinstallnewbaseL.S.1$6,500.00$6,500.00 21ExtendandcutconduitsL.S.1$3,500.00$3,500.00 22NewelectricalroomdoorL.S1$2,600.00$2,600.00 L.S.1$2,500.00$2,500.00 23Resetgateandequipmentonnewwall 24NewMechanicalroomdoorL.S.1$4,800.00$4,800.00 25ConcretePavingsqft770$10.00$7,700.00 26InletgratesanddrainpipingL.S.1$5,500.00$5,500.00 27SiteGradingfordrainageL.S.1$3,000.00$3,000.00 28SiteCleanupL.S.1$1,200.00$1,200.00 29WasteDisposalandMiscellaneousItemsL.S.1$3,000.00$3,000.00 BaseBidAmount$144,380.00 CostCostEstimateEstimate ManninigManninigEngineeringEngineeringCorp.Corp.PagePage11 N REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 28, 2013 Source of Funds: Requested By: Alex Osmond Account Number: 001-6049-551-2007 Department: Golf Amount Budgeted:$72,000 Report: Resolution: Ordinance: Amount Requested:$64,390.99 Exhibits:Tabulation for Chemicals Budgeted Item:YESNO Exhibits: BiddersList ExhibitsEmail from Purchasing SUMMARY & RECOMMENDATION Bid document #13010 Chemicals and Fertilizer was advertised on the web and in the Houston thth Chronicle on the December 13and 20, 2012. The bids were opened January 3, 2013. Bids were sent to thirteen bidders with seven responding. The low bidder meeting specifications for Section I –IV is Helena Chemical for the sum of $56,011.49. The low bidder meeting specifications for sections V and VI is BWI-Companies Inc. for the sum of $8,379.50. Staff recommends awarding Section I –IV to Helena Chemical for the sum of $56,011.49 and sections V and VI to BWI-Companies Inc. for sum of $8,379.50. Action Required by Council: Consider approval or other action to award bid #13010 for Section I –IV to Helena Chemical and Section V- VI to BWI Companies. Approved for City Council Agenda Corby D. Alexander, City Manager Date BIDDERS LIST CHEMICAL & FERTILIZER BID #13010 WinfieldAmeriturfINC HELENAChemical UNIVAR USA, INC Specialty 77015 TOSCA FARM Crop Production Services John Deere Landscapes BWI-COMPANIES INC. Alligare LLC Pennington Seed Global AMCHEM, Inc Prime VendorChemrite, Inc. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 18, 2013 Vehicle Replacement Source of Funds: Fund (009) Requested By: David Mick Account Number: Various Department:Public Works Amount Budgeted:$ 76,247.00 Report: Resolution: Ordinance: Amount Requested: $ 71,101.53 Exhibits:Bid Tabulation Budgeted Item:YES Exhibits: Bidders Notification List ExhibitsPg 6-8 from FY 12_13 Budget SUMMARY & RECOMMENDATION Sealed bids (#13008) were received on December 27, 2012for the purchase of golf course equipment.All items were included in the approved FY 12-13.The Lowest and Best bid in staff’s opinion are as follows: BIDDER BID ITEM BID BUDGETEDUSER Brookside Equipment1. Off-road utility vehicle $19,733.00[1] $26,115.00GOLF Luber Brothers 2. Greens Aerator $14,335.49 $12,579.00GOLF Professional Turf Prod.3. Off-road utility vehicle, battery power$8,643.04[2]$7,976.00GOLF Brookside Equipment4. Greens Riding Mower $28,390.00$29,577.00GOLF Total: $71,101.53 $76,247.00 Notes: [1]The first apparent low bid submitted by Golf Cars of Houstonwas disqualified. The hydraulics and power take off (PTO) for this vehicle did not meet specifications. [2]The first apparent low bids submitted by Golf Cars of Houstonand Luther Brothers were disqualified. Neither unit met the bid specifications for power train, controller amperage, or body chassis. Other Considerations: This completes the purchase of all equipment and vehicles that were included in the Replacement Vehicle Fund (Fund 009) FY 12_13 budget. Action Required by Council: Consider approval or other action awarding the Lowest and Best bids received for Bid No. 13008 to: Brookside Equipment for Bid Items 1 and 4 Luber Brothers for Bid Item 2 Professional Turf Products for Bid Item 3 Approved for City Council Agenda Corby D. Alexander, City Manager Date BIDDERS LIST SEALED BID #13008-GOLF COURSE EQUIPMENT Brookside Equipment Sales IncEasy Picker Golf Products Luber BrosE-Z Go Southwest Lansdowne-Moody Company Inc American Maintenance Austin Turf & TractorH&H Tractor Alvin Equipment CompanyC & M Golf & Grounds Equipment Wowco EquipmentMustang Equipment Aztec RentalsGolf Cars Of Houston Professional Turf ProductsUnited Procurement LP Prime Vendor Inc. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested January 28,2013 Source of Funds: N/A Requested By Stephen Barr Account Number: Department: Parks & Recreation Amount Budgeted: Report Resolution:Ordinance: X Amount Requested: Exhibits: Resolution Supporting Increased Park Funding Budgeted Item:YESNO Exhibits: SUMMARY & RECOMMENDATION nd In the 82legislative session overall availablestaterevenues were reduced and the Legislature cut funding for operation of the State Park System as well as funding for local grants to municipalities. The funding reduction resulted in a decrease in the level of services provided at state parks, and a deferral in needed infrastructure repairs and replacement. A case in point is the plight of the Battleship Texas here in La Porte, that is in dire need of repairs but adequate funding is not available. Another onerous issue is that some jurisdictions, notably the City of Houston and other large municipalities, have received local grants at the direction of the Legislature, without going through the grant process required of smaller local jurisdictions, which is unfair to all other municipalities. The proposed Resolution supports legislation that eliminates this unfair practice. rd The Texas Recreation & Parks Society (TRAPS) is requesting that, in the current 83Legislative Session,affected cities support legislation that, at the minimum, returns funding to the pre-2011 levels for state parks and for grants to local governments to continue to provide the parks and recreation amenities for citizens of Texas as well as local jurisdictions on an “even playing field”. It is staff’sunderstanding that TRAPS representatives will present the combined Resolutions of all the participating cities simultaneously to the legislature at some point during the session. The approved resolution will be forwarded to all of the elected representatives for the City as well. ActionRequired by Council: Consider approval or other action of a resolution stating the City of La Porte’s position on the issue of State Park funding and Local Grants to municipalities. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 28, 2013 Source of Funds: Requested By: Traci Leach Account Number: Department: Administration Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Proposed Agreement Budgeted Item:YESNO SUMMARY & RECOMMENDATION On January 14, 2013 the Council reviewed information related to the potential sale of the former Texas Parks and Wildlife Building, located at 105 San Jacinto. Staff was directed to draft an agreement with Main Properties to serve as the City’s broker to identify a suitable buyer for the property. The attached agreement is substantially the same as the previous agreement that expired September 30, 2012. The changes include: Updating the subject property information; and Updating information as to the method of sale (removing references to public bid); and Updating the term, to expire January 2014. Staff recommends approval of this agreement. Action Required by Council: Consider approval or other action of an agreement with Main Properties to provide broker services for the sale of 105 San Jacinto and adjacent properties. Approved for City Council Agenda Corby D. Alexander, City Manager Date January 15, 2013 LouAnn Martin, Owner Main Properties Real Estate nd 1014 S. 2Street La Porte, TX 77571 Re: Commercial Real Estate Broker Services for the Sale or Lease of at 105 San Jacinto Street Dear Ms. Martin: The City hereby appoints Main Properties Real Estate (Main Prop exclusive agent and grants to Main Properties the exclusive right to provide real estate brokerage services to facilitate the sale or lease of any combination of the tracts of real estate identified below (collectively referred to as Properties herei 1.3,820 square foot building, situated at 105 San Jacinto Street, La Porte, legally described as South 41 feet of Lots 2, 3, 4, & 5, Block 198, Town of La Porte, Harris County, Texas (HCAD No. 024-004-098-0021) 2.Adjoining 12,240 square foot parking lot, situated at 102 East Main Street, La Porte, legally described as Lot 1 & North 84 feet of Lots 2, 3, 4, & 5, Block 198, Town of La Porte, Harris County, Texas (HCAD No. 024-004-098-0001) 3.Adjacent 15,600 square foot lot, situated at 0 E. Main Street, l 22  26, Block 198, Town of La Porte, Harris County, Texas (HCAD No. 024-004-098- 0022) Main Properties appointment as the Citys sole and exclusive agent shall be upon terms and conditions: 1.The term of this agreement shall commence on the date hereof and for one year, through January 28, 2014. The City shall have the right to terminate this agreement, as to any one or more of the Properties, with thirty written notification to Main Properties. 2.Main Properties agrees that it will enlist its commercially reas satisfactory purchaser(s) or lessee(s) for the Properties, and i necessary, Main Properties will also solicit the cooperation of brokers. 3.Main Properties agrees that it will perform the Scope of Service of this agreement. 4.Main Properties shall prepare a marketing brochure or offerings approved by the City prior to its use. Main Properties will pay all out of pocket expenses, which may be incurred in the preparation of the offeri marketing the Properties. Such expenses may include, but not be communications, postage for direct mailings, the cost of specialgraphics, brochures, photographs, and other advertising costs. The City agrees to re for such expenses up to, but not to exceed $3,000.00,upon expiration or termination of this agreement in the event Main Properties is not paid a commission pursuant to this agreement prior thereto or if the City terminates this agreement-five (45) days of the commencement date of this agreement. Such reimburse based on actual receipts provided to the City by Main Properties for advertising expenses. All advertising, whether prepared by or issued by Mai City, shall identify Main Properties as the Citys exclusive age 5.In the event that 1) at any time during the term of this agreement a sale or lease of all or any portion of the Properties, upon any terms acceptable to the any purchaser or tenant who was procured by Main Properties, by other person, or 2) at any time up to one hundred eighty (180) d or termination of this agreement a sale or lease of all or any p upon any terms acceptable to the City, shall be made with any pu whom the Properties were submitted by Main Properties, by the Ci person during the term of the agreement; then, and in either suc to pay to Main Properties one (1) full commission computed and p with the Fee Schedule (Exhibit B). However, in the Citys sole discretion, the City may, in the alternative, conduct a subsequent public bid process retaining Main Propertie exclusive agent granting Main Properties the exclusive right to the Properties within one hundred eighty (180) days. 6.THE CITY ACKNOWLEDGES THAT MAIN PROPERTIES MAY REPRESENT POTENTI PURCHASERS AND THE CITY HEREBY CONSENTS TO SUCH INTERMEDIARY REPRESENTATION. As a real estate broker who acts as an intermediary in a transaction, Main properties (i) shall treat all parties honestly; (ii) may n accept a price less than the asking price unless authorized in w (iii) may not disclose that the buyer will pay a price greater than the price submitted unless authorized to do so by the buyer; and (iv) may not disclo information or any information that a party specifically instruc writing not to disclose unless authorized in writing to disclose the information or required to do so by the Texas Real Estate License Act or by a court order or if the information materially relates to the condition of the Propertie 7.In the event that either party shall commence litigation againstparty to enforce its rights under this agreement, the party prevailing in entitled to recover from the other party the cost(s) and expense fees) thereby incurred. 8.This agency shall be binding upon the parties hereto, their respective successors and assigns. The undersigned represents that it is the fee simple o and the signatory represents that he or she is duly authorized t on behalf of the undersigned ownership entity. 9.Notices and written correspondence shall be directed to the foll a.If for the City: Mr. Corby D. Alexander, City Manager 604 W. Fairmont Parkway La Porte, TX 77571 And Mr. Knox Askins, City Attorney 702 W. Fairmont Parkway La Porte, TX 77571 b.If for Main Properties: Ms. Lou Ann Martin, Owner & Broker nd 1014 S. 2Street La Porte, TX 77571 10.Main Properties agrees to indemnify and hold the City of La Port against any and all liabilities, damages, losses, claims, demand expenses (including the reasonable cost of defense thereof and r fees actually incurred) arising out of the performance of this r agreement by Main Properties, its customers, employees, and agents. If the foregoing accurately sets forth our agreement, please sig of this letter. Respectfully, The City of La Porte, Texas By: Corby D. Alexander AGREED AND ACCEPTED: MAIN PROPERTIES REAL ESTATE By: ______________________________ Lou Ann Martin Owner Attachments: 1.Exhibit A: Scope of Services 2.Exhibit B: Fee Schedule EXHIBIT A: SCOPE OF SERVICES Main Properties shall agree to provide the following real estate include but are not limited to: Develop strategies for sale and/or lease of Properties; and Market, advertise, and list Properties for a public bid sale by market, advertise, and negotiate lease and/or lease-purchaseagreement of the Properties by the City of La Porte; and Provide assistance/advice regarding the appraisal of the Propert the appraisal at its sole expense; and Coordinate real estate transaction closings; and Submit a monthly written progress report to the City showing the marketing efforts the building and the number of contact to prospective buyers/les Handle all other customary activities and services associated wi transactions. EXHIBIT B: FEE SCHEDULE Property Sale3.5% per transaction Property LeaseFull amount of first months rent Property Lease-PurchaseTo be determined Other Fees: Title Insurance Legal Fees Customary Title Company Charges REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 28, 2013 Source of Funds: Requested By: Alex Osmond Account Number: Department:Golf Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits:Ordinance Budgeted Item:YESNO Exhibits: Proposed Application Exhibits List of Fees SUMMARY & RECOMMENDATION Requests for family memberships have increased in recent years and we are continually trying different avenues to fill off peak tee times. Staff has designed a plan to offer family memberships that are both affordable and can help fill our off peak periods. The golf course has had many requests of late for this type of membership with nothing in place to offer. With new residential developments going in and the attraction of new families to the area, we feel that it is a necessity to have a product in place to fill these requests. When developing the pricing structure and membership features for this new option, it was determined that each golf facility has its own specific needs and circumstances that it tries to market to make their facility as viable as possible. Stafffeels that this membership option fits the specific needs and will enable the golf course to create new players and develop long term customer relationships. The Family memberships will be structured as follows: Offered to residents as well as non-residents. Memberships will require a lump sum payment and a user fee each time a member plays. Resident family membership lump sum payment will be $800 with a $5 per member user fee each time they play.Non-resident family membership lump sum payment will be $1000, also with a $5 user fee each time they play. Restrictions for tee times are proposed for Saturday through Sunday and holidays after 12:00 PM. Members under the Family membership could book a tee time anytime Monday through Friday, excluding holidays anytime. Family memberships will include an adult member, spouse and up to 4 children 18 years old and under living in the same household. In summary, the individual memberships have been successful in attracting resident and non- resident players and stafffeels that family membership will do likewise. Action Required by Council: Consider approval or other action to amend Chapter 50 of Appendix A-Fees, of the Code of Ordinances. Approved for City Council Agenda Corby D. Alexander, City Manager Date LP’BFGC AORTESAY OREST OLF OURSE FM AMILYEMBERSHIP Member Name: ________________________________________Phone:______________________________ Address:_____________________________________________ City: ________________________________ Date Purchased: _____Zip: ________________________________ Additional Family Members must reside at this address. Children must be 18 or younger. Memberships do not include carts or range. Additional Family Members_____________________________________Relationship_____________________ _____________________________________Relationship_____________________ _____________________________________Relationship_____________________ _____________________________________Relationship_____________________ _____________________________________Relationship_____________________ ( ) Resident $800Lump Sum (City of La Porte)Each family member listed will be subject to a $5 user fee each time they play. Valid Monday – Friday, excluding holidays, anytime. Saturday, Sundays, and holidays, after 12:00AM. ( ) Non-Resident $1000Lump Sum Each family member listed will be subject to a $5 user fee each time they play. Valid Monday – Friday, excluding holidays, anytime. Saturday, Sundays, and holidays, after 12:00AM. 1)Unlimited rounds of golf for the individuals specified as the members subject to available tee times for 12 consecutive months. Mondays through Fridays, anytime. Saturdays, Sundays, and holidays after 12:00 PM 2) Annual green fee memberships are non-refundable and non-transferable for any reason, 3) Valid proof (photocopy of current driver’s license) ofLa Porteresidency must be presented to qualify for discounted Resident memberships. 4)Memberships will be in effect on the first day of the month following payment. 5) Family Memberships may contain up to 6 familymembers which will consist of an adult member, spouse and and children eighteen years old and under living in the same household. MEMBERS ARE REQUIRED TO SHOW MEMBERSHIP IDENTIFICATION AT REGISTRATION BEFORE PLAY ON THE GOLF COURSE. IDENTIFICATION WILL BE AVAILABLE AT THE TIME THIS APPLICATION IS APPROVED. I HEREBY AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS OF THE ANNUAL GREEN FEE MEMBERSHIP. Annual Green Fee Member Member NumberEffective Date S:\City Secretary's Office\2013 City Council Packets\City Council\01.28.2013\7. (a) 3 Proposed application.doc 1/22/2013 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 28, 2013 Source of Funds: Requested By: D. Wilmore Account Number: Department: Planning Amount Budgeted: Report: XResolution: Ordinance: Amount Requested: Exhibits: Current Smoking Regulations – Ch. 34 Budgeted Item:YESNO Exhibits: Recap of Surrounding Cities Exhibits: Draft Ordinance SUMMARY & RECOMMENDATION At the April 10, 2010, City Council Retreat, staff was asked to review current smoking regulations (Chapter 34 of the City’s Code of Ordinances) as well as those of surrounding cities. Smoking regulations from seven (7) nearby cities were collected, reviewed and a brief recap of each was developed. Initial plans to workshop the information at that time were put on hold, and the request to re-review the data has again occurred. The City of Pasadena smoking regulationswentinto effect in 2006 and was later refined and amended in 2008. Since their regulations are proven and seem reasonable, staff was directed to develop a draft ordinance with similar regulationsas a place to start the discussion. At this time, staff is seeking direction from Councilthrough this workshop. Action Required by Council: Provide direction or other action regarding City smoking regulations. Approved for City Council Agenda Corby D. Alexander, City Manager Date SMOKING REGULATIONS Chapter 34, City’s Code of Ordinances Smoking regulations (Ord. #1695), effective 03/26/90 The following represents a brief outline of current smoking regulations. For reference, the actual regulations are attached at the end of this document. Definition - Public Place means an enclosed, indoor area where individuals commingle to engage in commerce, recreation, educational activities or transportation and include: All or part of building used for state or local governmental purposes Retail store, office or other commercial establishment Theater/movie house, gymnasium, museum, auditorium/convention ce Health care facility including (but not limited to) labs, hospit doctor and dentist offices Public means of mass transportation, including associated terminals Area/building in which smoking is prohibited by state law Service line, cashier area, over-the-counter sales area or common traffic area Grocery store Restaurant or cafeteria Public school facilities School bus Courtroom Jury waiting or deliberation room Library Place of employment Place providing personal servicesElevator Hotel/Motel Restroom Smoking prohibited in the following: Elevator Restroom Bus Public means of mass transportation Public School Facility Theater or Movie House Library Museum Hospital Service line/cashier area/over-the-counter sales area or common traffic area Place prohibited by the fire marshal, political subdivision or bor rule Smoking Regulations Page 2 Places able to designate smoking areas in entirety: Restaurant with seating capacity of 25 or fewer customers Grocery store with less than 4,000 sq. ft. of retail floor space Bar or retail store that primarilysells tobacco If they chose to designate in its entirety, that fact shall be posted at all entrances Signage : Visible at each entrance to the premises notifying persons that “prohibited” –or-“prohibited exceptin areas designated for smoking” Also, a sign shall be posted identifying the designated smoking Facilities to extinguish smoking materials: All public conveyances and public places shall be equipped with extinguishment of smoking materials. More restrictive requirements: A business may adopt nonsmoking requirements more restrictive th regulations. ====== CURRENT CITY REGULATIONS DIVISION 2.SMOKING* Sec. 34-51. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Employee means a person who is employed by an employer in consideration for monetary compensation or profit. Employer means a person, partnership, corporation, association or other entity that employs one or more persons. Place of employment means an enclosed, indoor area under the control of an employer to which employees have access during the course of employment, and includes work areas, employee lounges, employee restrooms, conference rooms and employee cafeterias. The term does not include a private residence. Smoking Regulations Page 3 Public meeting means a meeting open to the public and held in an enclosed area unless the meeting is held in a private residence. Public place means an enclosed, indoor area where individuals commingle to engage in commerce, recreation, educational activities or transportation, and includes: (1) All or part of a building used for state or local governmental purposes; (2)A retail store, office or other commercial establishment; (3)A grocery store; (4)A restaurant or cafeteria; (5)Public school facilities; (6) A school bus; (7)A health care facility including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes and doctors' and dentists' offices; (8) A theater, movie house, gymnasium, museum, auditorium, convention center or arena; (9) A public means of mass transportation, including associated terminals; (10) A courtroom; (11) A jury waiting or deliberation room; (12) A library; (13) A place of employment; (14) A place providing personal services; (15) A service line, cashier area, over-the-counter sales area, or common traffic area; (16) An elevator; (17) A hotel or motel; (18) A restroom; or (19) Any area or building in which smoking is prohibited by state law. Smoke, smokes, or smoking means: (1) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (2) Lighting a pipe, cigar or cigarette of any kind or any other smoking equipment or device; or (3) Emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind or any other smoking equipment or device. (Ord. No. 1695, § 1(a), 3-26-90) Cross references: Definitions generally, § 1-2. Sec. 34-52. Administration of division. (a) The city manager shall adopt rules necessary under this division and shall implement and determine compliance with this division. (b) The city manager may, on request of a proprietor or person in charge of a public place, waive the requirements of this division if the city manager determines that there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. (Ord. No. 1695, § 1(h), 3-26-90) Smoking Regulations Page 4 Sec. 34-53. Penalty for violation of division. An offense under this division is a misdemeanor, and any person who shall violate any provision of this division shall, upon conviction, be punished by a fine in an amount established by the city and listed in appendix B of this Code. (Ord. No. 1695, § 1(c), 3-26-90) Sec. 34-54. Prohibited acts; offenses. (a) A person commits an offense if the person smokes at a public meeting or in a public place and the person is not in an area designated as a smoking area under section 34-55. (b) It is an exception to the application of subsection (a) of this section that the person is smoking: (1) In a situation in which the person is present at an event in which an entire room or hall is used for a private social function; (2) In a public place for which a waiver has been granted under section 34-52(b); or (3)As a participant in an authorized theatrical performance. (Ord. No. 1695, § 1(b), 3-26-90) Sec. 34-55. Designation of smoking areas. (a)Public places. Except as provided by subsection (e) of this section, a proprietor or person in charge of a public place who desires to permit persons in the public place to smoke shall designate areas as smoking areas. If the public place is a government building, the governmental entity responsible for managing and maintaining the building may designate areas as smoking areas. (b)Structural or physical modifications. The proprietor or person in charge is not required to make structural or physical modifications to accommodate the smoking area, but existing physical barriers and ventilation systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas. (c)Policy development. Each employer who operates a place of employment shall develop, implement and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accommodated. Upon request, the city shall assist employers in developing and implementing such written smoking policy. The city shall develop a model or suggested written smoking policy, and distribute the policy upon request to all employers in the city, for their use and guidance in developing and implementing their own written smoking policy. This division does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the city shall develop and implement a written smoking policy no later than December 31, 1990. (d)Ventilation and seating arrangements.It shall be the responsibility of an owner of nonresidential buildings constructed after March 26, 1990, to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. Smoking Regulations Page 5 (e)Restaurants with seating capacity of more than 25. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This division does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. (f)Areas unfit for smoking. A smoking area may not be designated in: (1)An elevator; (2)Abus; (3) A public means of mass transportation; (4) A restroom; (5)A service line, cashier area, over-the-counter sales area or common traffic area; (6) A place in which smoking is prohibited by the fire marshal of the state or a political subdivision or by other law, ordinance or rule; (7) A public school facility; (8) A theater or movie house; (9)A library; (10) A museum; or (11) A hospital. (g)Places able to be designated smoking areas in entirety. No place other than a restaurant with a seating capacity for 25 customers or fewer, a grocery store with less than 4,000 square feet of retail floor space, a bar or a retail store that primarily sells tobacco may be designated as a smoking area in its entirety. If a restaurant, grocery store, bar or tobacco store is designated as a smoking area in its entirety, that fact shall be posted conspicuously at all entrances to the premises. (Ord. No. 1695, § 1(d), 3-26-90) Cross references: Alcoholic beverages, ch. 6; amusements, ch. 10; businesses, ch. 22; parks and recreation, ch. 50; buildings and building regulations, ch. 82; sexually oriented businesses, § 90-31 et seq. Sec. 34-56. Signs. (a)A proprietor or person in charge of a public place shall place signs visible at each entrance to the premises to notify persons entering the premises that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. (b) A proprietor or person in charge of a public place shall post in a conspicuous place in any area designated as a smoking area signs stating that smoking is permitted in the area. The proprietor or person in charge shall post signs in the premises stating "no smoking" or "no smoking except in designated areas" as appropriate. (Ord. No. 1695, § 1(e), 3-26-90) Smoking Regulations Page 6 Sec. 34-57. Reasonable effort to prevent smoking. A proprietor or person in charge of a public place shall make a reasonable effort to prevent smoking by: (1)Designating any areas where smoking will be permitted as required by section 34-55; (2) Posting signs as required by section 34-56; and (3) Asking smokers to refrain from smoking in all other areas on request of a client, patron or employee suffering discomfort from the smoke. (Ord. No. 1695, § 1(f), 3-26-90) Sec. 34-58. Facilities to extinguish smoking materials. All public conveyances and public places shall be equipped with facilities for extinguishment of smoking materials. Facilities for extinguishment of smoking materials thatare located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs stating "no smoking." (Ord. No. 1695, § 1(g), 3-26-90) Sec. 34-59. More restrictive requirements. Nothing in this division shall prohibit the proprietor or person in charge of a public place from adopting nonsmoking requirements that are more restrictive than those set forth in this division. (Ord. No. 1695, § 1(i), 3-26-90) S:\City Planning Share\ALPHA-I\01-INSPECTIONS DIVISION\Inspections\Council Mtg 2013 Smoking.docx Re-Cap of Surrounding Cities (As of January 16, 2013) Baytown – Smoking is prohibited in all enclosed public spaces (includes restaurants & bars) & within 15 ft. of enclosed public spaces Deer Park – There are no regulations on smoking. Houston - Smoking is prohibited in all enclosed public spaces (includes restaurants & bars) & within 25 ft. of entrance/exits/operable windows League City - Smoking is prohibited in all enclosed public spaces (includes restaurants) & within 25 ft. of entrance/exits/operable windows. Not applicable to bar/lounges where 51% or more of gross sales of alcoholic bevera- premise consumption. Pasadena- Smoking is prohibited in all enclosed public spaces (includes restaurants) & within 25 ft. of entrance/exits/operable windows. Not applicable to bar/lounges where 60% or more of gross sales of alcoholic bevera- premise consumption plus additional requirementsdealing with employee health insurance, entrance age, air ventilation system and signage. Seabrook - Smoking is prohibited in all enclosed public spaces (includes restaurants) & within 25 ft. of entrance/exits/operable windows. Not applicable to bar/lounges where 51% or more of gross sales of alcoholic bevera- premise consumption. Webster - Smoking is prohibited in all enclosed public spaces (includes re not meeting designated smoking/non-smoking separation requirements). Not applicable to bars and lounges. S:\City Planning Share\ALPHA-I\01-INSPECTIONS DIVISION\Inspections\Council Mtg 2013 Cities Smoking Recap.docx ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34“ENVIRONMENT”OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING ARTICLE II “AIR POLLUTION,” DIVISION 2. “SMOKING,” RELATINGTO THE PROHIBITION OF SMOKING IN CERTAIN PUBLIC PLACES WITHIN THE CITY LIMITS; 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 THOUSANDDOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 34, “Environment,” Article II. “Air Pollution,” Division 2. “Smoking,” of the Code of Ordinances, La Porte, Texas, is hereby amended in its entirety and shall hereinafter readas follows: “DIVISION 2.SMOKING* Sec. 34-51. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Employee means a person who isemployed by an employer in consideration for monetary compensation or profit. Employer means a person, partnership, corporation, association or other entity that employs one or more persons. Place of employment means an enclosed, indoor area under the control of an employer to which employees have access during the course of employment, and includes work areas, employee lounges, employee restrooms, conference rooms and employee cafeterias. The term does not include a private residence. Public meeting means a meeting open to the public and held in an enclosed area unless the meeting is held in a private residence. Public place means an enclosed, indoor area where individuals commingle to engage in commerce, recreation, educational activities or transportation, and includes: (1)All or part of a building used for state or local governmental purposes; (2)A retail store, office or other commercial establishment; (3)A grocery store; (4)A restaurant or cafeteria; (5)Public school facilities; (6)A school bus; Ordinance No. 2013- Page 2 (7)A health care facility including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes and doctors' and dentists' offices; (8)A theater, movie house, gymnasium, museum, auditorium, convention center or arena; (9)A public means of mass transportation, including associated terminals; (10)A courtroom; (11)A jury waiting or deliberation room; (12)A library; (13)Aplace of employment; (14)A place providing personal services; (15)A service line, cashier area, over-the-counter sales area, or common traffic area; (16)An elevator; (17)A hotel or motel; (18)A restroom; or (19)Any area or building in which smoking is prohibited by state law. Smoke, smokes,or smoking means: (1)Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (2)Lighting a pipe, cigar or cigarette of any kind or any other smoking equipment or device; or (3)Emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind or any other smoking equipment or device. The following words, termsandphrases,wheneverusedinthis division, shall have the meanings ascribedtotheminthissection, unless the context of theirusageclearlyindicates a different meaning: Airventilationsystem meansanHVACsystemdesignedby a licensed professional engineerto meet the requirements of the citymechanical code andshallutilizean amount of outside "mixing"airinaccordancewith industry codesand standards. Suchsystemsshall have a negative pressure on the areadesignatedfor smoking topreventairfrom a smoking areato be drawnacross or into the nonsmoking area. Bar meansanestablishmentthatis devoted to the serving of alcoholic beveragesfor consumption byguestson the premisesand derivesatleastsixty (60) percent of grossrevenues from the sale of alcoholic beveragesfor on premise consumption, including, but not limited to, anytavern, nightclub, cocktail lounge, orcabaret. Ordinance No. 2013- Page 3 Bingo hall meansanestablishment or facilitylicensedbytheState of Texasfor the purpose of conducting bingogames. Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity,eitherfor-profit or not-for-profit, including anyretailestablishmentwhere goods or servicesare sold andany professional corporation or other entitywherelegal,medical,dental, engineering,architectural, or other professional servicesaredelivered. Employee means a personwhoisemployedbyanemployerin consideration fordirectorindirect monetarywages or profit,and a person who volunteers his servicesfor a non-profitentityor provides suchserviceson a contractbasis. Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profitentitythatemploys the servicesof one (1) or more individuals. Enclosed,whenusedinreferencetoanareaor a building or portion thereof,meansclosedin on allsidesfrom floor to ceilingbysolidwalls,with or without windows andexclusive of doorways. Healthcarefacility meansanofficeorinstitution providing careortreatment of diseases, whetherphysical,mental, or emotional, or other medical,physiological, or psychological conditions, including, but not limited to, any hospital, rehabilitation hospital or other clinic, including anyweight control clinic, nursing home, home for the aging or chronicallyill, laboratory, or the office of any surgeon, chiropractor, physicaltherapist,physician,dentist, or specialistwithinthese professions. Thisdefinitionshall include allwaiting rooms, hallways, private rooms, semiprivate rooms, andwardswithin a healthcarefacility. Meetingfacility means a building designed,operatedandusedprimarilyfor private functions. Physical barrier means a barrierthatwillformaneffectivemembrane continuous from outside wallto outside wall,from a smoke barrierto a smoke barrier,from floor tofloor, or roof above, or a combination thereof, including continuity through allconcealedspaces,suchas above suspended ceilings,interstitialstructuralandmechanicalspaces.Transfergrilles, louvers and similar openings shall not be usedinthesepartitions.Self-closing, tight-fitting doors are permittedinsuchbarriers. Ordinance No. 2013- Page 4 Place of employment meansanenclosedarea under the control of a public or private employer whereemployeesworkortowhichemployees have access during the course of employment including, but not limited to, workareas, private offices,employee lounges, restrooms, conference rooms, meeting rooms, classrooms,employeecafeterias,hallways,andvehicles. A private residenceis not a "place of employment"unlessitisusedas a childcare, adult day care, or healthcarefacility. Privateclub means a fraternal,social or religious organization that promotes itsservicestoits owners, membersandguestsandhasbeengrantedanexemptionfrom the payment of federal income taxas a club under 26 U.S.C. Section 501. Private function means a gathering of individuals for the purpose of deliberation, education, instruction, entertainment,amusement, or dining, wherespecificinvitationis a prerequisite to entryandwhere the eventis not intended to be open to the public. Public place meansanenclosedareatowhich the public isinvited or inwhich the public is permitted, including, but not limited to: (1) Aquariums, galleries,libraries,and museums; (2)Areasavailabletoandcustomarilyusedby the general public inbusinesses; (3)Bars; (4) Bingo facilities; (5)Childcareand adult day carefacilities; (6) Convention facilities; (7) Educational facilities, both public andprivate; (8)Elevators; (9)Gamingfacilities; (10) Governmental facilities, including buildings andvehicles; (11) Healthcarefacilities; (12) Hotelsandmotels; (13) Lobbies, hallways,andother common areasinapartment buildings, condominiums, retirementfacilities, nursing homes, and other multiple-unit residentialfacilities; (14) Pollingplaces; (15) Pool andbilliardhalls; (16) Public transportation facilities, including buses andtaxicabs,andticket, boarding, and waitingareasof public transit depots; (17) Restaurants; (18) Restrooms, lobbies, receptionareas,hallways,and other common-use areas; (19) Retailestablishments; Ordinance No. 2013- Page 5 (20) Servicelines; (21) Shopping malls; (22) Sports arenas;and (23) Theatersand other facilitiesprimarilyusedforexhibitingmotionpictures,stagedramas, lectures,musicalrecitals, or othersimilarperformances. A private residenceis not a "public place" unless usedas a childcare, adult day care, or health carefacility. Restaurant means food serviceestablishment, including but not limited to, anycoffee shop, cafeteria,sandwichstand,and private and public school cafeteria,thatgives or offersforsale food to the public, guests, or employees,aswellasanykitchen or cateringfacilityinwhich food isprepared on the premisesfor serving elsewhere.Theterm"restaurant" shall include a bararea within the restaurant. Retail tobacco store meansanyretailestablishmentutilizedprimarilyfor the sale of tobacco products andsmoking accessoriesinwhich the sale of other products, including food and beverages, does not exceedforty (40) percent of gross revenues. Serviceline meansan indoor lineinwhich one (1) or more persons arewaitingfor or receiving service of any kind, whether or not the service involves the exchange of money. Shopping mall meansanenclosed public walkway or hallareathatservestoconnect customer entrancestotwo(2) or moreretail or other businesses andisusedforcustomerpedestriantraffic. Smoking meansinhaling,exhaling, burning, orcarryinganylightedcigar,cigarette, pipe, or other lightedtobacco product inanymannerorinanyform. Sports arena meansany sports pavilion, stadium,gymnasium,healthspa, boxing arena, swimming pool, rollerandice rink, bowling alley, pool hall or other similarplacewhere members of the general public assembletoengageinphysicalexercise,participateinathletic competition, or witness sports or other events. Substantial meansfifty (50) percent or more. Tobacco bar means a barinwhich the on-sitesales or rentals of tobacco products and smoking accessoriesfor consumption or use on the premisesexceedstwenty (20) percent of gross revenuesandintowhichentryisrestrictedto individuals eighteen (18) years of ageandabove. Ordinance No. 2013- Page 6 Sec. 34-52. Administration of division. (a)The city manager shall adopt rules necessary under this division and shall implement and determine compliance with this division. (b)The city manager may, on request of a proprietor or person in charge of a public place, waive the requirements of this division if the city manager determines that there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. Sec. 34-52. Prohibition of smoking in enclosed public places. Smoking shall be prohibited inallenclosed public placeswithin the city,exceptas provided in Section 34-57 of this Code. Sec. 34-53. Penalty for violation of division. An offense under this division is a misdemeanor, and any person who shall violate any provision of this division shall, upon conviction, be punished by a fine in an amount established by the city and listed in appendix B of this Code. Sec. 34-53. Prohibition of smoking in places of employment. (a) Smoking shall be prohibited inallenclosedareaswithinplaces of employment,exceptas provided inSection 34-57 of this Code. (b)Anemployershallcommunicatethis prohibition toall prospective employees upon their applicationforemployment. Sec. 34-54. Prohibited acts; offenses. (a)A person commits an offense if the person smokes at a public meeting or in a public place and the person is not in an area designated as a smoking area under section 34-55. Ordinance No. 2013- Page 7 (b)It is an exception to the application of subsection (a) of this section that the person is smoking: (1)In a situation in which the person is present at an event in which an entire room or hall is used for a private social function; (2)In a public place for which a waiver has been granted under section 34-52(b); or (3)As a participant in an authorized theatrical performance. Sec. 34-54. Prohibition of smoking in seating areas at outdoor events. Smoking shall be prohibited in the seatingareasandcoveredconcourses of all outdoor sports arenas,stadiums,andamphitheaters,aswellasinbleachersand grandstands for use by spectatorsat sporting and other public events. Sec. 34-55. Designation of smoking areas. (a)Public places.Except as provided by subsection (e) ofthis section, a proprietor or person in charge of a public place who desires to permit persons in the public place to smoke shall designate areas as smoking areas. If the public place is a government building, the governmental entity responsible for managing and maintaining the building may designate areas as smoking areas. (b)Structural or physical modifications.The proprietor or person in charge is not required to make structural or physical modifications to accommodate the smoking area, but existing physical barriers and ventilation systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas. (c)Policy development.Each employer who operates a place of employment shall develop, implement and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accommodated. Upon request, the city shall assist employers in developing and implementing such written smoking policy. The city shall develop a model or suggested written smoking policy, and distribute the policy upon request to all employers in the city, for their use and guidance in developing and implementing their own written smoking policy. This division does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the city shall develop and implement a written smoking policy no later than December 31, 1990. Ordinance No. 2013- Page 8 (d)Ventilation and seating arrangements.It shall be the responsibility of an owner of nonresidential buildings constructed after March 26, 1990, to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. (e)Restaurants with seating capacity of more than 25.The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customersnormally requesting a smoking area. This division does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. (f)Areas unfit for smoking.A smoking area may not be designated in: (1)An elevator; (2)A bus; (3)A public means of mass transportation; (4)A restroom; (5)A service line, cashier area, over-the-counter sales area or common traffic area; (6)A place in which smoking is prohibited by the fire marshal of the state or apolitical subdivision or by other law, ordinance or rule; (7)A public school facility; (8)A theater or movie house; (9)A library; (10)A museum; or (11)A hospital. (g)Places able to be designated smoking areas in entirety.No place otherthan a restaurant with a seating capacity for 25 customers or fewer, a grocery store with less than 4,000 square feet of retail floor space, a bar or a retail store that primarily sells tobacco may be designated as a smoking area in its entirety. If a restaurant, grocery store, bar or tobacco store is designated as a smoking area in its entirety, that fact shall be posted conspicuously at all entrances to the premises. Sec. 34-55. Prohibition of smoking in covered public transportation facilities. Smoking shall be prohibited inanycovered public transportation facilities, including ticket, boarding, andwaitingareas of public transit depots. Ordinance No. 2013- Page 9 Sec. 34-56. Signs. (a)A proprietor or person in charge of a public place shall place signs visible at each entrance to the premises to notify persons entering the premises that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. (b)A proprietor or person in charge of a public place shall post in a conspicuous place in any area designated as a smoking area signs stating that smoking is permitted in the area. The proprietor or person in charge shall post signs in the premises stating "no smoking" or "no smoking except indesignated areas" as appropriate. Sec. 34-56. Reasonable distance. Smoking is prohibited withintwenty-five (25) feet outside entrances,exits, or wheelchairramps serving anyentrance or exit, operable windows, and ventilationsystems of enclosedareas where smoking is prohibited, soasto ensure thattobacco smoke does not enter those areas.Thissection shall not apply torestaurantandbar outdoor seatingareas. Sec. 34-57. Reasonable effort to prevent smoking. A proprietor or person in charge of a public place shall make a reasonable effort to prevent smoking by: (1)Designating any areas where smoking will be permitted as required by section 34-55; (2)Posting signs as required by section 34-56; and (3)Asking smokers to refrain from smoking in all other areas on request of a client, patron or employee suffering discomfort from the smoke. Sec. 34-57. Where smoking is not regulated. Notwithstanding anyother provision of thisarticleto the contrary, the following areasshall be exempt from the provisions of sections 34-52and 34-53 of this Code: (1)Privateresidences,exceptwhenusedas a childcare, adult day care,orhealthcarefacility. (2)Hotelandmotel rooms thatarerentedtoguestsandaredesignatedas smoking rooms; provided, however,that not morethanthirty-five (35) percentof rooms rentedtoguests in a hotel or motelmay be sodesignated.All smoking rooms on the same floor must be contiguous, and smoke fromthese rooms must not infiltrateintoareaswhere smoking is Ordinance No. 2013- Page 10 prohibited under the provisions of thisarticle.Thestatus of rooms as smoking or nonsmoking may not be changed,excepttoadd additional nonsmoking rooms. (3)Privateandsemiprivate rooms in nursing homes and long-termcarefacilitiesthatare occupiedby one or more persons, all of whom are smokers and have requestedinwriting to be placedin a room where smoking ispermitted, provided that smoke fromthese places does not infiltrateintoareaswhere smoking is prohibited under the provisions of this division. (4)Retailtobaccostores, provided that smoke fromtheseestablishments does not infiltrate intoareaswhere smoking is prohibited under the provisions of thisdivision. (5)Tobaccobarsin operation on or before EffectiveDate 2013; provided that the establishmentoperatesanairventilation using best available technology and that the air ventilationsystemshall provide a totalairexchangeeveryten (10) minutesandshall exhaustthatairto the exterior of the building; plus a sign must be clearlyand conspicuously posted ateachentranceinEnglishstating"SMOKINGPERMITTED"in lettersthatshall have a height of not lessthan one (1) inch; and offers comprehensive healthinsurance, including a substantial employer contribution, for the purpose of mitigating the effects of secondhand smoke on employees. (6)Designatedenclosedmeetingareasin convention centers, hotels, motels,and other meetingfacilities, only during times the meetingareasareinactualusefor private functions; provided that the owners ofsuchfacilities must designateinwritingto the department the meetingareasinwhich smoking will be permitted.Thedesignated meetingareas must beseparatelyenclosedfrom the restof the facility, and smoke from theseareas must not infiltrateintoareaswhere smoking is prohibited under the provisions of this division. (7)Private functions heldfor the sole benefit of andinfacilities owned oroperatedby a non- profit organization thatistax-exempt under Section 501(c)(3) of the InternalRevenue Code; provided that no qualifying non-profit organization may hold more thanfive(5) such private functions in a calendaryear pursuant tothisexception.Non-profit organizations wishing to invoke thisexceptionmust notify the department in writing of eachsuchprivate function atleastthirty(30)days prior to the private function. (8)Stageareasofenclosedtheaters,if smoking isan integral partof a theatrical performance. Ordinance No. 2013- Page 11 (9)Bars,where the servingof alcoholic beveragesfor consumption byguests on the premisesderivesatleast sixty (60)percent of grossrevenuesfrom the sale of alcoholic beveragesfor on premise consumption, including, but not limited to, any tavern, nightclub, cocktail lounge, or cabaret;and a.Entryislimitedtoanyonewhoisatleasttwenty-one (21) years of age; b.Theestablishmentissealedsuchthat smoke from the establishment cannot infiltrateintoareaswhere smoking is prohibited under the provisions of this division; c. Provided that the establishmentoperatesanairventilation using bestavailable technology andthat the airventilationsystemshall provide a totalairexchange everyten (10) minutesandshallexhaustthatairto the exterior of the building; d. A sign must be clearlyand conspicuously posted ateachentranceinEnglish stating"SMOKINGPERMITTED"inlettersthatshall have a height of not less than one (1) inch; and e.Offers comprehensive healthinsurance, including a substantial employer contribution, for the purpose of mitigatingtheeffectsof secondhand smoke on employees. (10) Private clubs, provided that the establishmentissealedsuchthat smoke from the establishment cannot infiltrateintoareaswhere smoking is prohibited under the provisions of thisarticle;and a.Whereas a signshall be clearlyand conspicuously posted ateachentrancein Englishstating"SMOKINGPERMITTED"inlettersthatshall have a height of not lessthan one (1)inch, and; b. Provided that the establishmentoperates anairventilation using bestavailable technology andthat the airventilationsystemshall provide a totalairexchange everyten (10) minutesandshallexhaustthatairto the exterior of the building; c.Offers comprehensive healthinsurancetoitsemployees, including a substantial employer contribution, for the purpose of mitigatingtheeffects of secondhand smoke on employees. Ordinance No. 2013- Page 12 (11) Bingo halls,which provide the following: a.Designated smoking areas equipped with a functional separateventilationsystem that: i. Provides negative pressure on the areadesignatedfor smoking to prevent airfrom a smoking areato be drawnacrossorinto the nonsmoking area; and ii.Operatesanairventilationsystem using bestavailable technology; and iii. Provides a totalairexchangeeveryten (10) minutes; and iv. Exhausts to the exterior of the building; and b. Smoking areasseparatedfrom nonsmoking areasbymeans of a physicalbarrier; and c. Smoking areas locatedsuchthat patrons do not have toenterinto a smoking area toaccess a designated nonsmoking area;and d.Signage posted inatleast one-inchletters "Smoking Permittedand no-smoking areasavailable";and e. Comprehensive healthinsurancetoitsemployees, including a substantial employer contribution, for the purpose of mitigating the effects of secondhand smoke; and f.Reasonable accommodations foranemployeerequiredtoworkin a smoking area whorequestsassignmentto a smoke-freearea. Sec. 34-58. Facilities to extinguish smoking materials. All public conveyances and public places shall be equipped with facilities for extinguishment of smoking materials. Facilities for extinguishment of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs stating "no smoking." Sec. 34-58. Declaration of establishment as nonsmoking. Notwithstanding anyother provision of thisarticle,an owner, operator, manager, or other person in control of anestablishment,facility, or outdoor areamaydeclarethatentireestablishment, facility, or outdoor areaas a nonsmoking place. Smoking shallbe prohibited inanyplacein which a sign conforming to the requirementsof subsection(a) of Section 34-59 of this Code is posted. Ordinance No. 2013- Page 13 Sec. 34-59. More restrictive requirements. Nothing in this division shall prohibit the proprietor or person in charge of a public place from adopting nonsmoking requirements that are more restrictive than those set forth in this division. Sec. 34-59. Posting of signs. (a)The owner, operator, manager,or other person in control of a public place or place of employmentshallclearlyand conspicuously post "No Smoking" signsinEnglish (and, if desired,any other languagesuch person maychoose) or the international'No Smoking' symbol (consisting of a pictorialrepresentationof a burning cigaretteenclosedin a red circlewith a redbaracrossit)inevery public placeandplace of employmentwhere smoking is prohibited bythis division. (b)The owner, operator, manager,or other person in control of a public place or place of employmentshall conspicuously post atevery public entrancethereto a signclearly statingthat smoking is prohibited therein.Suchsignsshall conform totherequirements set out inparagraph(a)ofthissection. (c)The owner, operator,manager, or other person in control shall remove allashtraysfrom anyareawhere smoking is prohibited bythis division. Sec. 34-60. Enforcement. (a)Any authority havingjurisdictiontoenforcecityordinancesshall have authority to enforce the provisions of this division. (b)Anycitizenwhodesirestoregister a complaint under thisarticlemayinitiate enforcementwith the FireDepartmentbycontacting the FireMarshal’sOffice directly. (c)Thefiremarshal or their designee shall,whileanestablishmentis undergoing otherwise mandated inspections, inspectforcompliancewiththis division. (d)TheFireMarshalor theirdesignee,after proper identification,shall be permittedtoenter any public placeandplace of employmentatany reasonable time,for the purpose of making inspections andexaminingapplicablerecords of the establishmenttodetermine compliancewiththis division. Ordinance No. 2013- Page 14 Sec. 34-61. Rules and regulations. Thefiremarshal or theirdesigneeis authorized to promulgate rules and regulations for the enforcement of this division. Sec. 34-62. Violations and penalties. (a) A person commitsan offense if he is smoking inanareawhere smoking is prohibited by the provisions of this division. (b)Itshall be the duty of every person in control of anareawhere smoking is prohibited by the provisions of this division torequestanyperson known tobe smoking insuchareato extinguish the burning tobacco product. Any knowing or intentional failuretomaintain compliancewithsuch duty shallconstitutean offense. (c)Wheneverinthis division anactis prohibited or is made or declaredtobe unlawful or an offense or misdemeanor, or wheneverinthis division the doing of anything or actis required or thefailureto do anything or actis prohibited, the violation of the provision shall be andconstitute a misdemeanor punishable, upon conviction, by a fine not to exceedtwo thousand dollars ($2,000.00). Eachviolationshallconstituteand be punishable as a separateoffense. Prosecution or conviction under this provision is cumulative of andshallnever be a bar toany othercivil or administrativeremedy provided or allowedinthis division or bylaw. Sec. 34-63. Other applicable laws. This division shall not be interpreted or construed topermit smoking whereitis otherwise restrictedby other applicable laws. Secs.34-60–34-64.Reserved. Sec. 34-64. Reserved.” Ordinance No. 2013- Page 15 Section 4 : 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 ofother ordinances regulating and governing the subject matter covered by this ordinance. Section 5: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 6 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 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 is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov’t Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. 2013- Page 16 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 passage of this ordinance. PASSED AND APPROVED this the______ day of _________________, 2013. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 14, 2013 Source of Funds: N/A Requested By: David Mick Account Number: Department:Public Works Amount Budgeted: Report: Resolution: Ordinance: X Amount Requested: Exhibits:Existing Franchise Agreement w/CenterPoint Elect. Proposed Ordinance Budgeted Item:N/A – No added staff or Exhibits: Permit Application Packet ( including a Permit resources requested. Process Flow Diagram) ExhibitsExample Utility Plans SUMMARY & RECOMMENDATION As part of a workshop discussion, staff will present anew right-of-way ordinance (R.O.W.) and utility permit processfor City Council’s consideration. The development of the R.O.W. ordinance grew from negotiations between the City and CenterPoint gas in the last two years. Currently, coordination between the City and utility companies is handled informally now and in the interest of protecting an important City asset, the right-of-way, and ensuring that private utilities and infrastructure is protected, staff began developing a draft right-of-way ordinance. Staff met with the utility companies collectively, individually and as often asnecessary for staff and utility companies alike to be reasonably comfortable with this final draft. Staff reviewed a number of other municipal right-of-way ordinances both locally and across the state. Most of the provisions that were outlined in the initial draft ordinance that was first considered by the City/utility committee was borrowed from other municipal ordinances. The initial draft was then reworked through the committee review process so that it best suited the needs locally. The next step is for staff to modify the proposed ordinance as necessary to accommodate Council comments and bring the final document back for City Council consideration. The effective date of the ordinance would be 60-days after City Council approval. CONSIDERATIONS LEADING STAFF TO CONSIDER A R.O.W. ORDINANCE: Coordination between staff and the utility companies is not as easily accomplished now as it was a decade or two ago. Largely this is a natural byproduct of the utilities’ increased reliance on contractors and subcontractors for project design and construction. Until now,most of the utility installation within the citywould have been completed withnew developments prior to the construction and occupation of the adjacent streets, residencesand businesses. In the future, utility construction is more likely to include rehabilitation and/or replacement of existing infrastructure, which will have a greater impact on public safety and convenience than did the original construction. The state legislature adopted statewide franchise agreements for telecommunication and cable companies. As a whole,the state franchise agreements voided the previously existing municipal franchise agreements with these utilities including the La Porte franchise agreements with AT&T and Comcast. Another instrument now is needed for improved coordination locally. Priorinstances of: staff discovering utility contractor equipment operating within the o roadway or fairly close to sensitive city utilities without prior knowledge. Utility lines that needlessly meander through the right-of-way corridor o making future City construction and utility coordination much more difficult. Resident complaints of inadequate or incomplete restoration along their o road frontage or in rear yard easement areas. BENEFITS OF THE PROPOSED R.O.W. ORDINANCE AND PERMIT PROGRAM: There will be a more structured communication process between the City and utility companies. For larger utility construction projects, city staff will have an opportunity to review the proposed utility construction drawings, agree to a final locationfor the utilityline, and establish traffic control needs prior to construction. Aright-of-way ordinance will provide a mechanism forcity council to update right-of-way standards when necessaryrather than relying solely on state and local franchise agreements. Thedesign standards that are outlined in the proposed ordinance will provide better protection for City crews and City infrastructure. A permit from the City will document any administrative waivers to the right-of- way ordinance provisions. This will benefit the City and utility company alike. There will be occasions when it is not feasible for a utility company to comply with all of the ordinance requirements due to the lack of space or other physical constraints. The permit document itself will act as a job-specific contract between the City and utility company. Field personnel for the city,utility, and the utility’s contractor will have copies of the permit available on-site. The proposed ordinance will improve staff’s ability to require a utility company to remedy an obvious public safety hazard created by one of their facilities in the city-maintained right-of-way. CENTERPOINTELECTRIC EXEMPTION: Thecurrent franchise agreement between the city and CenterPoint Electric is in effect until 2038. (A copy of the franchise agreement is attached.) The franchise agreement language affirms the City’s right to establish right-of-way standards in Section 5of the agreement,“Within the Streets or other Public Rights-of-Way of City, the location and route of all poles, stubs, guys, a lines conduits and cables placed and constructed by Company…. sh reasonable and proper regulation, control and direction of the C….”, and in Section 7, “….in all cases (Company) shall comply with all valid City ordinances governing ti standards relating to excavating in the Public Rights-of-Way.” There is also additional language in Section 13 that readsthat the franchise agreement itself will constitute a permit fromthe city to CenterPoint Electric: “The franchise shall constitute a permit to perform on work on Company’s System within the Public -of-Way and to park vehicles in the Streets and other Public Rights-of-Way when necessary for the installation, removal, operation or maintenance of Company’s System, Company a work for Company shall not be requiredto obtain any permits in addition to the Franchiseor pay any feein addition to the Annual Franchise Fee in order to perform work System….” The City can establish standards and require CenterPoint Electric to comply with the provisions of a right-of-wayordinance, but CenterPoint Electric could contend, and is contending, that a city requirement that CenterPoint Electric apply for a permit iscontrary to the terms that CenterPoint Electricnegotiated when the city franchise agreement was renewed in 2006. Staff’s suggestion to CenterPoint Electric wasthat it would be advantageous for them to go through the permit processbecause, as stated previously, there are going to be occasions when it might not be feasible for CenterPoint Electric to follow all provisions of the city ordinance. Staff could workthrough those items with CenterPoint Electric upfront during the permitting process and grant waivers when appropriate that would then be on record for future reference. Also, considering that staff does have the ability to specify a location and route for all CenterPoint Electric poles, stubs, guys, etc., it seems better to city staff to havean agreement in place via an approved permit prior to CenterPoint Electric starting construction. CenterPoint Electric committed to providing the city with advanced notice, but they also very much desire to maintain what they see as a no-permit right that wasnegotiated into thecurrentfranchise agreement. At this time, staff is agreeable to exempting CenterPointElectric from the formal permit application requirement and will continue to coordinate with CenterPoint Electric to arrive at an arrangement that will work for both parties. [Note:The permit exemption does not apply to CenterPoint Gas.The most recent franchise agreement does not include language similar to that being considered with the CenterPoint Electric agreement.] OTHER CONSIDERATIONS: A utility permit will notbe required for emergency repairs or for many of the most routine repairs. Under the circumstancesthat areoutlined in the ordinance, the utility company is only required to advise the City within a reasonable period of time that there isor will beutility work at a specific location. A permit will be required for the larger projects. Permits will not be required for individual services unless they would involve main line extensions within the public right-of-way. The permit application and plans will be processed through the Planning and Engineering Department. Upon permit approval, Public Works will then have the primary responsibility for field coordination and inspection. AT&T anticipated an average of 15 permits per year under this ordinance. The other utility companies were more tentative in their estimates but seemingly were in the same range as AT&T. Staff is anticipating a total of 30to 40 right-of-way permits to process each year. There is nopermit fee. Franchise agreements both state and local do not allow. Example utility plans are attached. The City permit process,in general,requires no more detail than utility companies would ordinarily prepare to bid and construct their projects though staff would have the ability to require more detail when warranted to work around sensitive public infrastructureor where traffic control is a significant consideration. State and county right-of-way areas are excluded. There is no legal authority for the city to extend the right-of-way ordinance permit process to these areas. This ordinance does not pertain to transmission pipelines that are governed by the existing City Ordinance Chapter 102. Action Required by Council: Provide comment and direction to staff regarding the proposed right of way ordinance. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE AMENDING CHAPTER 62, "STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADOPTING REGULATIONS FOR MANAGEMENT OF PUBLIC RIGHTS-OF-WAY IN THE CITY LIMITS; CONTAINING 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 FIVE HUNDRED DOLLARS;PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 62of the La Porte Code of Ordinances, “Streets, Sidewalks, and Other Public Places”, is hereby amended by adding new Article IV. “Management of Public Rights-of-Way”, which shall hereinafter read as follows: “Article IV. Management of Public Rights-of-Way Sec. 62-100. – Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Applicant or Person or Utility.All of these terms shall include any individual, firm, partnership, association, corporation, company, business entity ororganization of any kind. All of these terms shall also include the owner of Facilities located in the Right of Way. These terms shall not include the city. City.The City of La Porte, Texas. Director.The City Planning Director and/or his designee unless stated otherwise. Excavation.The making of a hole or cavity of any size in a surface, the boring or tunneling under a surface or the disruption or breaking of a surface in the Right-of-Way as “Right of Way” is defined below. 1 Facilities. Includes personal property owned by a provider of autilityincluding but not limited toelectric, gas, telecommunications, or cable television services including but not limited to pipe, conduit, ducts, cables, wires, lines, towers, wave guides, optic fiber, microwave, any associated converters, and all equipment located in the Rights of Way. Right of Way.All area on, below, or above present and future public property containing roadway, highway, street, public sidewalk, alley, waterway, or existing utility easement in which the Cityof La Portehas a legal interestincluding the City interest in the easements or right-of- way for the La Porte Area Water Authority. Road or Roadway or Street.The surface of and the spacebelow or above the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Shoulder. For roads without a curb, thepaved or unpaved area maintained along the traveled road surface located between the edge of the roadway and the slope down to the flow line of a drainage ditch. The maximum shoulder width shall be considered to be 10-feet from the edge of roadway. Sec. 62-101. Exempted Facilities. Transmission pipeline facilities that are governed byChapter 102 of the La Porte Code of Ordinances are exempted from this Article. Sec. 62-102. Excavation, Boring and Tunneling. (a) When an excavation is planned to be made in a Street or Right-of-Way under a paved surface, suchexcavation shall be accomplished by trenchless methods except for those locations where the Director has determined that trenchless methods would not be technically or economically practical for the Utility or where otherwise exempted by the Director. This provision does not apply to emergency repairs, in-kind replacement and other proposed work that meets the qualifications for a permit exemption provided in Section 62-104 (A.2) of this chapter. (b) All Excavation, backfill and restoration of aRight of Way area in connection with Utility’s Facilities shall be the same as the City of La Porte Water Line Backfill detail or as otherwise specified in an approved permit. (c)Where aUtilityis working in the Street, the Utility will utilize all applicable signage and appurtenances required by,and in conformance with,the Texas Manual of Uniform Traffic Control Devices (MUTCD). (d) Requests for field locate requests of theCity of La Porte storm sewer, sanitary sewer and water main and the La Porte Area Water Authority water mainmust be called in to the Public Works Department at (281) 471-9650 at least 48-hours in advance of construction. 2 Emergency city utility locates must be called into the La Porte Police Department dispatch at Texas One Call does not notify the city. (281) 471-2141. (e)When anexcavation is madeby the Utility and after the repair or installation work is completed, the Utility doing such work shall immediately secure the trench in asafe manner and restore the excavated area within a reasonable length of time to as good a condition as before the commencement of the work and according to the specifications established by the Director. Except where otherwise approved by the Director, anylength of time required by the Utility to complete the permanent restoration of an excavated area in excess of fourteen (14) days shall be prima facie evidence that the length of time is not reasonable. The Utilitywho made the excavation shall maintain the excavation in a safe and easily traversable condition until the surface is permanently restored. (f) When the Public Works Director has determined that aUtility’s work in the Right of Wayhas created an imminent threat to the health and safety ofthe public, the Public Works Director shall endeavor to make verbal contact with the Utility to communicate the need for the Utilityto immediately remedy suchcondition. If the contact attempt is unsuccessful or if the Utility is unable or unwilling to respond in the timeframe required by the Public Works Director, the Public Works Director may order City crews to make the area safe and secure until such time as the Utilitycan respond. The Utilityshall reimburse the City the full amount of the documented time, materials and equipment cost incurred by the City to construct the remedy. This provision authorizes the City, under the described circumstances, to take steps such as covering open excavations for the purpose of making the construction area safewithin roador shoulder areas or to remove excavated material blocking drainage ways; but it does not authorize City personnel to perform work directly on a utility not owned by the City. (g) Any Utilitywho has restored or caused to be restored any Street pursuant to this subchapter shall ensure the quality of the restoration workmanship for one year following the completion of the restoration. During the one-year maintenance period, the Utilityshall remedy any area repaired by the Utilitythat, in the reasonable opinion of the Public Works Director,as a result of the quality of workmanshipor materials,is in appreciably worse condition than the area surrounding the restoration site. (h) Where the City has provided at least eighteen (18) monthsnotice of a planned City roadway construction, improvement, or resurfacing project, a Person may not excavate within the roadway pavement limits for a period of five (5) years after the completion of the City roadway project. If excavation by the Utilitywithin the new pavement area is unavoidable (i.e. emergency repairs),then (a) the Director may require the utility to restore the roadway pavement over the excavated area to City standards and grind 2-inches of existing asphalt and resurface the entire half-width of the roadway (roadway center to the edge of pavement) including the excavated area that is within 100-Lin. Ft. of the excavated areaor (b) for concrete streets, the Director may require the removal and replacement of the existing concrete curb and entire half- width of the concrete street (roadway center to the back of curb) including the excavated area to the nearest construction joint. 3 (i) Regardless of pavement age, where the utility proposes open cut excavation within an asphalt roadwayfor a distance greater than 300-feet parallel to the centerline, the Director may require the pavement to be milled and resurfaced the entire width of the roadway lane to be excavated. Sec. 62-103. Private Utilities in Public Right-of-Way Private services and other items including, but not limited to, forcemains, drains, sprinkler systems, pet fencing, and underground wiring for the benefit of an individual property or owner shall not be located in the public right-of-way without a recorded agreement withthe city. In any case, with or without a recorded agreement, neither the City nor the City’s contractors nor other agents working on behalf of the City shallbe liable for the cost to repair or replace any such item encountered and damaged by them in the course of their operations within the public right-of-way areas. This section does not extend to individual service lines or other facilities provided by a public utility company with a franchise agreement and general approved permit on file withthe City. Neither does this section apply to a Person granted a License Agreement to locate any such infrastructure within the Public Right-of-Way by the Planning and Engineering Department. Sec. 62-104. Permit Required. (a) No Person shall use or occupy Right of Way within the City for the purpose of installing or maintaining Facilitiesexcept in compliance with the provisions of this ordinance. Nor may any person construct any upgrades, relocation, rehabilitation, or new installation of Facilitiesin the Rights-of-Way without first obtaining a construction permit from the Director. (b) EXEMPTIONS TO PERMIT REQUIREMENT. (1) A permit is not required for isolated repair and/or replacement in-kind of the existing Facilities. “Isolated repair and/or replacementin kind”is that repair and/or replacement in kind of Facilities over a distance not exceeding 300-feet total for underground facilities. (2) A permit is not required for adding new aerial facilities on existing poles to a minimum elevation of 16-feet above ground elevation. (3) A permit is not required where it is indicated in the current franchise agreement that the franchise agreement itself shall constitute a permit to perform all work on the Company’s (Utility’s) system within the right-of-way. As of the date of the adoption of this ordinance, this exemption applies only to CenterPoint Energy Houston Electric, LLC. (4) A permit is not required for emergency service repairs or situations where excavations are needed immediately to correct or remove a situation which presents an immediate and imminent threat to the health, safety and welfare of the public. In these situations, the Person making the excavation shall immediately contract the Public Works 4 Department at (281)471-9650. After business hours contact the La Porte Police Department dispatch at (281)471-2141 or 911 and request a standby utility supervisor. (5) A permit is not required for the following excavations: (i)excavations made by or on behalf of a resident or owner of the abutting property when the person has a city-approved site plan, permit, or other approval specifically for the proposed excavation; (ii)excavations made outside of the Street, Shoulder or curbfor the installation of autility service drop. (iii)the replacement in-kind of a single damaged utility pole or light pole. (6) In no case shall anexemption of the permit requirement relieve the obligation of the Person excavating to provide sufficient notice for other existing utility locations and markings prior to construction. (7) In no case shall an exemption of the permit requirement constitute a waiver any other provision of this ordinance. (c)WHEN PERMITS ARE REQUIRED, the permit will be in the name of the Person who willown the Facilities to be constructed. The permit application must be completed and signed by a representative of the owner of the Facilities to be constructed. During the term of the Permit the Utility shall be liable for the acts or omissions of any entity used by the Utility when such entity is involved directly or indirectly in the construction and installation of the Utility’s Facilities to the same extent as if the acts or omissions of such entity were the acts or omissions of the Utility and consistent with the Texas Local Government Code. (d)Any person desiring a permit shall apply for such at least ten (10) working days before the commencement of any workunless otherwise waived by the Director. Notwithstanding this limitation, the Utility is encouraged to request a waiver from the Director if the 10-working day period may be burdensome to the end user requesting utility service or that the end user might otherwise be without service. The Director will make every reasonable effort not to delaythe Utility of the Utility’s ability to provide service to the end user. A permit is not effective and valid until it is signed by the Director or his designated representative. (e)The work for which a permit is issued shall be commenced within 45 days of the effective date of the permit. In the event that special, exceptional or unusual circumstances prevent the commencement of the work within the initial 45-day period, the holder of the permit may apply for a time extension before the expiration ofthe initial time period and the Director may approve the same. If such work is not commenced with the initial time period or any extension thereof, the permit shall be null and void. 5 (f)Any Person making an excavation in the Right of Way without an effective and valid permit shall cease all excavation work when ordered to do so by the Director or his designated representative and shall not resume such work until he has complied with this subchapter. (g) When a Person other than a franchised Utility has a licenseor other authorization from the City to use the Right of Way and that authorization is in effect at the time that this Ordinance takes effect, the Person shall continue to operate under and comply with that current authorization from the City of whatever form, and in the event this Ordinance conflicts with the existing Authorization, the more restrictive provision shall apply. When a Utility is under a current franchise agreement with the City at the time that this Ordinance takes effect, the franchise agreement will control when the franchise agreement conflicts with this Ordinance. When a Utility enters into a new or renewed franchise agreement with the City after the adoption date of this Ordinance, the provisions of this Ordinance will control over the franchise agreement unless there is an explicit intent stated in the new franchise agreement to waive a requirement of this Ordinance. When aprovision in this Ordinance is contrary to state or federal law, that state or federal law shall apply. Sec. 62-105. Information Required In Permit Application. An application for a construction permit shall contain the following information unless specifically waived by the Directoror as noted below: (1)The proposed, approximate location and route of all Facilities to be constructed or installed and the Applicant’s plan for Rights-of-Way construction.Plans may be submitted electronically provided that the plans arelegible when printed on 11” x 17” sheets. Accurately dimensioned details and plan sketches will be sufficientprovided that the plan detail is sufficient enough in the opinion of the Director for city personnel to verify that the new Facilities are being constructed along the permitted location and alignment.Where the Director believes prudent for the review of potential conflicts between the new Facilities and any existing public infrastructure, the Director may require the Utility to have the existing underground utilities marked and the Utility’s proposed Facility locations staked for a field review of the proposed construction. . 6 (2)Detail of the location of all Rights-of-Way and utility easements that Applicant plans to use. (3)Detail of all existing City utilities in relationship to Applicant’s proposed route.(This item will not be routinely required, but may be when in the reasonable opinion of the Director it would be prudent to show particularly sensitive public infrastructure on the permitted plan.) (4)Detail of what Applicant proposes to install such as conduit size, number of interducts, valves and similar information. (5)Note the locations where the Utility anticipates open cut installation. (6)Locations of any bores, trenches, handholes, manholes, switch gears, transformers, pedestals, etc., including depth. (7)Location and dimensions of any structure greater than 100 cubic feet. (8)A description of trench safety measures to be utilized in all excavations over five (5) feet in depth. (9)Complete legend of drawings submitted by Applicant which may be provided by reference to previously submitted documents provided such documents are current and up-to-date. (10)When submitted in hardcopy format, three (3) sets of plans must be submitted with permit application. (11)Whenknown, the Utility will provide the name, address and phone numbers of the contractor or subcontractor who will perform the actual construction including the name and telephone number of an individual with the contractor who will be available at all times during the construction. (12)A description of the construction and installation methods to be employed for the protection of existing structures, fixtures and Facilities within or adjacent to the Rights-of-Way and the estimated dates and times work will occur. (When required by the Director.) (13)Other items necessary to review to ensure the health, safety and welfare of the citizens and other users of the Right of Way in the opinion of the Director. 7 Sec. 62-106. Timeframe and Process for City Review and Inspection. The City shall issue a construction permit or written denial with written summary of the deficiency or deficiencies causing the denialwithin 10-working days after receipt of a complete application.The Director will make every reasonable effort not to delay the Utility’s ability to provide service to the end userand to respond and provide a response prior to the end of 10- working days if possible. The Director of Planning shall govern the permit review process with input and assistance from the Director of Public Works. Upon permit approval the Director of Public Works shall govern the inspection process with input and assistance from the Director of Planning. Sec. 62-107. Reserved for Future Use Sec. 62-108. Permit Fees. To be acceptable for filing, an application shall be accompanied by a permit fee in the following amount as appropriate: (1)For certificated telecommunications providers providing access lines (as defined in Chapter 283 Local Government Code): no fee (2)For Persons occupying the Rights-of-Way of the City under a local and/or state franchise agreement or ordinance: no fee (3) For all other Applicants: no feeexcept for a competitor of a Utility under a current franchise agreement with the City of La Porte. The fee, or fee agreement, required of the Applicant will be the minimumnecessary for the City to comply with all provisions of the current franchise agreement including Favored Nations clauses and/or other franchise agreement provisions that prohibit the City from placing the franchised Utility at a competitive disadvantage with a non-franchised competitor. Sec. 62-109. Preconstruction Meeting Requirements. A preconstruction meeting with the project representative employed by the Utility owner, the Utility’s contractor and the Citymay be required by the Director for large utility projects or projects involving non-typical construction methods or where there is especially critical public infrastructure located within the project limits. 8 Sec. 62-110. Minimum Depth, Clearances of Utility Pipes Near City-Owned Utilities. Buried new Facilities shall be constructed to a minimum depth of 24-inches below the road or sidewalk subbase or any greater depth as required by state and federal codes and standards. The Director may also require a reasonable depth greater than 24-inches, and when doing so, willstate the required depth and the justification for the greater depth on the approved permit or plan. Installation of new Facilities shall not interfere with City utilities. Facilities shall not be located within 24-inches vertically, and for construction parallel to City utilities, 6-feet horizontally. Where this cannot reasonably be accomplished because of insufficient easement/right-of-way area, the Directormay permit lesser distance(s) that will also sufficiently protectthe existing public infrastructure in the reasonable opinion of the Director. Installation of new Facilities shall cross existing public streets and utilities as closely to a 90-degree angle as reasonably practical. Sec. 62-111. Minimum Clearances of Aerial Facilities Above Ground and Adjacent to Luminaire and Traffic Signal Facilities. Minimum height above ground shall be 16-feetfor an aerial facility proposed to be constructed over a Street surface afterthe effective date of this ordinance. The minimum height above ground for all other aerial Facilities shall be 13-feet.Minimum clearance of aerial power or electrical ground wires with respect to street lighting and/or traffic signal poles shall be 8-feet or the more restrictive standard required by the National Electrical Safety Code in effect at the time of installation. Sec. 62-112. Temporary Relocation of Facilities. The Utility, on the written request of any person, shall remove or raise or lower its wires temporarily to permit the construction of work in the vicinity thereof or to permit the moving of vessels, houses or other bulky structures. The expense of such temporary removal, raising, or lowering of wires shall by paid by the benefited party or parties, and the Utility may require such payment in advance, being without obligation to remove, raise, or lower its wires until such payment has been made. The Utility shall be given adequate, and in no event less than forty- eight (48) hours advance notice to arrange for such temporary wire changes. Sec. 62-113. Work Hours. Regular working hours for construction activities within the rights-of-way are 7:00 a.m. to 6:00 p.m., Monday through Friday. Non-Emergency work may be performed by a Utility 9 operating under a franchise with the City outside regular working hourswhen reasonably required to minimize the impact on traffic, for the convenience of the general public or to prevent an economic hardship for a resident or business located inthe City. Non-emergency work proposed to be performed outside of the regular working hours by a non-franchised Utility must be approved by the Director.The Director may further restrictwork hours where there are public convenience and/or safety concerns such as lane closures in a high traffic or high accident area, or along school student drop-off/pick-up areas. Sec. 62-114. Confidentiality. All applications accepted for filing shall be made available by the City for public inspection. However, ifplans of record submitted in an application include information expressly designated by the Applicant as a trade secret or other confidential information protected from disclosure by state law, the Director may not disclose that information to the public without the consent of the Applicant, unless otherwise compelled by an opinion of the Attorney General of the State of Texas pursuant to the Texas Open Records Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize an Applicant to designate all matters in its application as confidential or as trade secrets. If the City receives a request pursuant to the Texas Open Records Act for information designated as a trade secret or confidential information by the Applicant, the City will promptly notify the Applicant of such request. If deemed appropriate and necessary by the City, the City will request an opinion from the Texas Attorney General as to whether the requested information may be withheld. The Applicant shall be responsible for supporting its claim of confidentiality. Sec. 62-115. Impairing of Drainage-Generally. It shall be unlawful for any Person to willfully fill a drainage ditch, culvert or gutter along, or under a street or in any manner to obstruct the free or natural flow of water along or through such ditch, culvert or gutter. It shall also be unlawful for any Person in laying down or repairing water, gas, sewer or other service pipes, to leave any street, alley, drainage ditch or gutter in such condition as to impair the drainage of the street, alley, drainage ditch or gutterat any time. Sec. 62-116. Public Improvements. (a) Whenever it shall be deemed necessary by city council to extend, construct, maintain, repair or reconstruct publicinfrastructure for Public Works Projects including, but not limited to, streetand sidewalk grading and construction, traffic control devices, water, sewer and drainage ways for the general preservation and protection of the health, safety and welfare of the public with the Utility’s Facilities to be relocated at no expense to the Cityexcept that the City 10 shall bear the costs of all relocations of street lighting and other Facilities that were installed only for the purpose of providing direct service to City facilities. . (b) The Utility is responsible for verifying the location, both horizontal and vertical, of all Facilitiesaffected by the design of proposed public infrastructure improvements. Sec. 62-117. Appeals. Appeals of a decision by the Director or his designee related to denial, suspension, or revocation of a permit may be filed with the City Manager within seven (7) working days of the decision. The appeal shall specifically state the basis for the aggrieved party’s challenge to the City’s authority under this Ordinance. Sec. 62-118. Criminal Prosecution. (a)Any violation or failure to abide by, and comply with, any provision or requirement of this article shall be a criminal offenseand shall be punished as a class C misdemeanor, subject to a fine of $500.00 per occurrence, unless otherwise provided by state law. (b)Each day upon which there exists a violation of this article, or a failure to abide by, or comply with, any provision or requirement of this article, shall constitute a separate occurrence, and may subject the offender to separate criminal penalties. (c)Prosecution pursuant to this section is in addition to and does not supplant other remedies. Sec. 62-119. Civil Penalties. (a) Civil penalties may be imposed for the violation of any provision of this article as follows: (1)Up to $1,000.00 for each violation, and each day of a continuing violation may be considered a new violation; and/or (2)If applicable, default and revocation of any or all permits granted to allow work in the rights-of-way, subject to the procedural guidelines noted in this article and any agreement which applies to the right-of-way user, and further subject to any limitations imposed by federal or state law. (b)In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and all other factors. (c)Monetary civil penalties may be imposed in the manner prescribed by either local or state law. (d)In addition, the city council may order specific performance of any actions required by this 11 article or required by a franchise, license or permit, including the permit authorizing work to be performed in the right-of-way, or any other agreement or authorization.” Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional,illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDREDDOLLARS ($500.00). Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Texas Local 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 6. This Ordinance shall be effective sixty (60) 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 provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the______ day of _________________, 2013. CITY OF LA PORTE By: Mayor 12 ATTEST: City Secretary APPROVED: Assistant City Attorney 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:January 28, 2013 Source of Funds: Requested By: Corby Alexander Account Number: Department: Administration Amount Budgeted: Report: XResolution: Ordinance: Amount Requested: Exhibits: Proposed Strategic Plan Budgeted Item:YESNO SUMMARY & RECOMMENDATION On October 27, 2012, the City Council, City Manager, and staff conducted a strategic planning session. The purpose of this interactive meeting was to design mission and vision statements, discuss core values, and develop goals and objectives for the next five years, 2013-2017. After Council takes action on the Strategic Plan, staff will conduct a planning session to begin work to reach these goals. Staff is looking for direction from the Council on any changes desired on the Strategic Plan. Action Required by Council: Consider approval or other action of a Five year Strategic Plan. Approved for City Council Agenda Corby D. Alexander, City Manager Date Strategic Plan 2013-2017 City of La Porte, Texas Overview Expectations Facilitation Services provided by Alysia A. Cook, PCED, IOM 1 Mission Statement The City of La Porte embraces our heritage, community values, and opportunities, while enhancing the quality of life for our citizens. Vision Statement Toprovide improved infrastructure, to drive economic growth, and to enhance quality of life for our citizens. Core Values Facilitation Services provided by Alysia A. Cook, PCED, IOM 2 Goal and Plan Development Facilitation Services provided by Alysia A. Cook, PCED, IOM 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 28, 2013 Source of Funds: Requested By: Chief Ken Adcox Account Number: Department:Police Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: Animal Shelter Design Presentation Budgeted Item:____YES ____NO Exhibits: Exhibits SUMMARY & RECOMMENDATION City Council approved a Capital Improvement Project in the FY 2011-2012 Budget for the construction of a new Animal Shelter. A site was subsequently selected and approved by City Council and a professional services agreement entered into with Jackson & Ryan Architectsfor the design of the facility. The design of the project has since been developed and refined. The proposed floor plan, site plan, and elevations are being presented to City Council for final review and comment before the project is submitted for construction bid. Action Required by Council: Receive Council input relating to the design of the new Animal Shelter. Approved for City Council Agenda Corby D. Alexander, City Manager Date PROPERTY LINE 74'-5 7/8"51'-10 1/4"10'-0"35'-3 3/4"12'-0"25'-0"20'-0" 04/A5.00 05/A5.00 25'-0" 28'-0" PROPERTY LINE 10'-0"53'-7"1'-0"21'-0"40'-0"55'-3 1/2"22'-0" PROPERTY LINE 3"9'-9"35'-3 5/8" 26'-7 5/8"8'-8" 9'-0"6'-0"6'-7 1/4"12'-2" 21'-7 1/4"4'-2"4'-0"4'-0" 10'-2 1/2"8'-0" 6'-2"8'-11"5'-4 1/4"4'-6 1/2"8'-6 1/2" 1'-10"10'-10" 5'-3"4'-2"5'-8" 5'-0"7'-2 7/8"15'-0 3/8"6'-2 7/8" 7'-1 3/4"4'-1 7/8"6'-3"7'-1 3/4" 11'-3 5/8"10'-7 1/4"13'-4 3/4" 10'-0"35'-3 5/8"5'-3 1/4" 10'-0" 51'-10 3/8"3"9'-8 7/8" 4'-1 3/4"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"5'-0"EQEQ.EQ. 3 7/8" 1B 1B 5'-0"17'-9 1/2"5'-0"17'-9 1/2"5'-0" 06/A6.01 1B 1'-10 5/8"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-7 3/4"3'-4"3'-4"2'-7 7/8" 1B 1D 5'-3 5/8" 11'-7 3/8"20'-0"20'-0"3" 10'-0" 6'-0" 8'-3" 4'-8" 8'-3" 8'-3" 17'-8" 10'-0" 8'-4" 2'-0"4'-0" 4'-0" 2'-8"11'-10" 4'-0" 4'-1" 4'-1"9'-0" 6'-0" Council Agenda Item January 28, 2013 9. (a) Receive report ofLa Porte Development Corporation Board – Councilmember Engelken *********************************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Jan 28, 2013 Appropriation Requested By: Traci Leach Source of Funds: Department: Administration Acct Number: Report:X Resolution: Ordinance: Amount Budgeted: Attachments: December Payment 2012 Report Requested: Attachment: Listing of All Delinquent Accounts Budgeted Item(s): YES NO _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION At the request of the City Council, staff is providing an update of delinquent taxes paid for Council review. The payment report for December2012and a report listing all delinquent accounts as of January 2013areattached as an exhibit. Staff will be present to take note of any accounts that Council has questions about and will provide follow up as necessary. A ction Required by Council: None. Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, CityManager Date Council Agenda Item January 28, 2013 10.ADMINISTRATIVE REPORTS (a) 11. COUNCIL COMMENTS 12.EXECUTIVE SESSION Texas Government Code, Section 551.074 – 13. RECONVENE *********************************************************************************** Council Agenda Item January28, 2013 14. ADJOURN ***********************************************************************************