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HomeMy WebLinkAbout07-22-13 Regular Meeting of La Porte City Council LOUIS R. RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At Large B Mayor Pro-Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 CITY COUNCIL MEETING AGENDA Notice is hereby given of a Regular Meetingof the La Porte City Council to be held July 22, 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 action. 1.CALL TO ORDER 2.INVOCATION –The invocation will be givenbyDon Hill, La Porte Inter Church Council 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiancewill be led by Councilmember John Zemanek. 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation –“George Watkins Day” –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutesper person.) 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) Consider approval or other action regarding the minutes of regularCity Council meeting held on July 8, 2013–P. Fogarty (b) Consider approval or other action authorizing the City Manager t No. 1 to the Secondary Fire Protection Contract with the Port ofHouston –M. Boaze (c) Consider approval or other action awarding Bid # 13020 for Annu Sidewalk and Drainage Repair –D. Mick (d) Consider approval or other action regarding an Ordinance amendinLa Porte Fiscal Year 2012-2013Budget –M. Dolby 7.PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Continue Public Hearing from April 8, 2013, to receive comments from the public regarding one (1) substandard building located at 500 W. Main Stand consider approval or other action to close the Public Hearing–J. Garza 8.AUTHORIZATIONS/ORDINANCES (a) Consider approval or other action regarding an Ordinance adoptin interest policy applicable to City elected officials, City officers and City employees – Councilmembers Zemanek, Kaminski and Moser (b) Consider approval or other action awarding Bid # 13021 for Shady Street Removal and Replacement –D. Mick 9.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding Animal Adoption Center and Shelter –K. Adcox/R. Mc Phail (b) Discussion or other action regarding a recommended date of September 9, 201 the Public Hearing on the City of La Porte’s Fiscal Year 2013-2014Proposed Budget–M. Dolby (c) Discussion or other action regarding Capital Improvement Projects(CIP) for the upcoming fiscal years –C. Alexander 10.REPORTS (a) Receive Delinquent Tax Report–T. Leach (b) Receive 2012-2013 Citywide SidewalkReplacement ProjectReport –T. Tietjens (c) Receive Dust Free Surface Report –T. Tietjens 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Tuesday, July 23 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 12.COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of commun members, city employees, and upcoming events; inquiry of staff rspecific factual information or existing policies–Councilmember,Zemanek, Leonard,Engelken,Mosteit,Clausen, Martin,Moser, Kaminskiand Mayor Rigby. 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session onitem should the need arise and if applicable pursuant to authorization by Title 5, Ch Code. 14.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. 15.ADJOURN I n compliance with the Americans with Disabilities Act, the City for persons attending public meetings. To better serve attendees meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the July 22,2013,agenda of items to be considered by the City Council was posted City Hall bulletin board on July 16, 2013. Council Agenda Item July 22, 2013 1.CALL TO ORDER 2.INVOCATION –The invocation will be given by Don Hill, La Porte Inter Church Council 3.PLEDGE OF ALLEGIANCE –The Pledge of Allegiance will be led by Councilmember John Zemanek 4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONS (a) Proclamation –“George Watkins Day” –Mayor Rigby 5.PUBLIC COMMENTS (Limited to five minutes per person.) ************************************************************************ Council Agenda Item July 22,2013 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 of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of regul meeting held on July 8, 2013 –P. Fogarty (b) Consider approval or other action authorizing the City Manager t Amendment No. 1 to the Secondary Fire Protection Contract with t Houston –M. Boaze (c) Consider approval or other action awarding Bid # 13020 for Annu Street, Sidewalk and Drainage Repair –D. Mick (d) Consider approval or other action regarding an Ordinance amendin La Porte Fiscal Year 2012-2013 Budget –M. Dolby **************************************************************** th WHEREAS, George Watkins has been the coordinator of the 4of July Parade for the past 11 years, entertaining many children and adultswho attend;and WHEREAS, this parade exhibits his dedication, patriotism and love for his country; and WHEREAS, the citizens of the City of La Porte appreciate all the hard work put into this event and we thank you for sharing your prideandallowing us to celebrate our freedom by observing what this day symbolizesto our community and to our nation. Now,Therefore,I, LouisR. Rigby,Mayor,along with members of the La Porte City Council, do hereby proclaimJuly 22, 2013as IN WITNESS THEREOF, I havehereto set my hand and caused the Seal of the City to be nd affixedhereto, this the22day of July2013. CITY OF LA PORTE ___________________________ Louis R. Rigby, Mayor LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK TOMMY MOSER Councilmember At Large A Councilmember District 4 DOTTIE KAMINSKI JAY MARTIN Councilmember At LargeB Mayor Pro Tem MIKE MOSTEIT Councilmember District 5 Councilmember District 1 MIKE CLAUSEN CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LA PORTE JULY 8,2013 Monday,July 8,2013, The City Council of the City of La Portemet in aregularmeetingonat the City Hall 6:00p.m Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1.CALL TO ORDER Mayor Rigbycalled the meeting to order at 6:00p.m. Members of Council present: CouncilmembersEngelken, Leonard, Zemanek, Kaminski, MoserandMartin.Absent: Councilmembers Clausen and Mosteit. Also present were City Secretary Patrice Fogarty,City Manager Corby Alexander,andCity Attorney Knox Askins. 2.INVOCATION -The invocation was given byCity Attorney KnoxAskins. 3.PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led byCouncilmember Dottie Kaminski. 4PUBLIC COMMENTS .(Limited to five minutesper person.) Gideon Jones, 10403 Quiet Hill, informed Council of an Air Show to be held on October 5, 2013, and spoke in favor Item 6dregarding a property lease with the Texas Army National Guard. John Kling, 11025 Pinewood, addressed Council regarding sidewalk-free ordinance,andthe previously proposedOrdinanceregardingan ethics and conflict of interest policy applicable to City elected officials, City officers and City emp George Watkins, 5221 ValleyBrook Ct., thanked Council and the Ci thth support of the11annual July 4parade. Phillip Hoot, 927 Seabreeze, addressed Council in opposition to mercial development along the bayfront. 5.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) Consider approval or other action regarding the minutes of regul held on June 24, 2013 –P. Fogarty (b) Consider approval or other action regarding an Ordinance vacating, abandoning and closing the southernmost 20’ of the West “D” Street Right-of-Way between the east right-of-line of thth South 16Street and the west right-of-way line of South 14Street, and authorize the execution and delivery of a deed to the adjoining landowner –T. Tietjens (c) Consider approval or other action regarding an Ordinance authori Industrial District Agreement with Enterprises Refined Products any, LLC –K. Powell 15 Page of July 8, 2013, Council Meeting Minutes Mayor Rigby requested Consent Item 5cto be voted on separately, and announced he had filed a conflict of interest affidavit with the city secretary. Regarding Consent Item 5b, Councilmember Moser questioned if 20’was normal. GIS Manager Brian Sterling responded no,and he provided an exhibit andexplained in more detail. Regarding Consent Item 5b, Councilmember Zemanek questioned why right-of-way closing was an exception. GIS Manager Brian Sterling respondedapplications are reviewed on a case-by-case basis to assure not any other plans are adversely impacted right-of-way. CouncilmemberEngelkenmoved to approve the Consent AgendaItems a and bpursuant to staff MOTION PASSED. recommendations.Councilmember Martinseconded. Ayes: Mayor Rigby, Councilmembers Engelken,Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmembers Clausen and Mosteit Ordinance2013-3486 City Attorney KnoxAskins read the caption of :AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE WEST “D” STREET RIGHT-OF-WAY, LA PORTE, HARRIS COUNTY, TEXAS; AUTHORIZING THE EXECUTION AND DELIVERY OF ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. CouncilmemberMartin moved to approve the Consent AgendaItem C pursuant to staff MOTION PASSED. recommendations. Councilmember Moser seconded. Ayes: Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmembers Clausen and Mosteit Abstain:Mayor Rigby Ordinance 2013-3487 City Attorney Knox Askins read the caption of : AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ENTERPRISES REFINED PRODUCTS COMPANY, LLC, FOR THE TERM COMMENCI 2013, AND ENDING DECEMBER 31, 2019; MAKING VARIOUS FINDINGS AND TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; ADING AN EFFECTIVE DATE HEREOF. 6.DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding appointing members to vario and committees –Mayor Rigby City Secretary Patrice Fogarty discussed appointing members to vacanciesonthe La Porte Development Corporation Board, the Drainage and Flooding Committee, the Animal Shelter Advisory Committee and the Fiscal Affairs Committee. CouncilmemberEngelken moved to appointCouncilmember Jay Martin to the La Porte Development Corporation Board and to Alternate 1 position on the Fiscal Affairs C Councilmember Daryl Leonard to the Drainage and Flooding Committ MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmembers Clausen and Mosteit 25 Page of July 8, 2013, Council Meeting Minutes (b) Discussion or other action regarding emergency generators –D. Pennell/J. Suggs Assistant Public Works Director Don Pennell and Emergency Management Coordinator Jeff Suggs presented this item. Councilmember Moser commented he would like to move forward with Option Two,citing from staff’s supporting documentation, for One Permanent Natural Gas Generator and suggested the City look at future funding and a maintenance contract for the generators. Councilmember Engelken asked what amount of storm surge would make the plant totally inoperable.Emergency Management Coordinator Jeff Suggs responded 14feet. Councilmember Martin suggested staff bring back more information. CouncilmemberMoser moved to go with Option Two –One Permanent Natural Gas Generator for MOTION PASSED. the Wastewater Treatment Plant. Councilmember Kaminski seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Martin, Kaminski, Zemanek, Leonard and Moser Nays:None Absent:Councilmembers Clausen and Mosteit City Manager Alexander clarified that staff will move forward with all other components come back to council with more full-cost numbers of Option 2including design amounts plus or minus 35 percent. (c) Discussion or other action regarding Bayfront Development –S. Livingston Economic Development Coordinator Scott Livingston discussed bayfront development, and requested guidance from council on thisissue. Councilmember Leonard commented he would like to see a facility for only La Porte residents to utilize. Mayor Rigby commented he would like to know what Harris County w Bayfront. Councilmember Martin questioned Economic Development Coordinator Scott Livingston if there was any interest for development in La Porte along the Bayfront. Mr. Livingston responded yes, some developers are interested due to the beachfront. Councilmember Leonard commented he would also like to know Harris County’s ideas and plans. Mayor Rigby advised Council he will contact Commissioner Jack Mo No action was taken on this item. (d) Discussion or other action regarding property lease with the Texional Guard- T. Leach Assistant City Manager Traci Leach discussed a property lease wi Guard.Ms. Leach advised the current lease with the Texas Air National Guard expiresin2047. 35 Page of July 8, 2013, Council Meeting Minutes City Attorney Knox Askins advised there areenvironmental issues but the City can secure a lease stating the City will not be required to remediate any environmental issues; there would be a hold harmless clause. Councilmember Martin commented he is in favor of developing the propertyandmaking it a more viable airport. Councilmember Leonard commented leasing the property would be good for the community’s economy. Councilmember Zemanek questioned if there are any liabilities to the City by entering into an agreement, knowing there are environmental concerns in the building. City Attorney Knox Askins responded if Council would like to move forward with a lease, th,which is anessential tenet to a lease agreement. Major Miller spoke regarding airstrip length and strength, and stated that while it might be desirable to land a C130 at the airport, it is certainly not essential.It was never paramount to use the airstrip. They can bus to Ellington Field. Major Miller also informed Council that he does not foreseethe City being liable in the future regarding any noted contamination andthat documentationdoes not show contamination causing danger to soldiers using the facility CouncilmemberLeonard moved to go forward as proposed with City Attorney Knox Askins’ stipulationsregarding the City securing a hold harmless agreement.Councilmember Moser MOTION PASSED. seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Kaminski, Zemanek, Leonard and Moser Nays:Councilmember Martin Absent:Councilmembers Clausen and Mosteit 7.REPORTS (a) Receive reports of the Economic Alliance Houston Port Region –S. Livingston Chad Burke, President/CEO for the Economic Alliance Houston Port Region,provided an updated economic report. Councilmember Martinthanked Mr. Burke for all the benefits to the City of La Porte. 8.ADMINISTRATIVE REPORTS (a) Receive report from City Manager Planning and Zoning Commission Meeting, July 18, 2013 City Council Meeting, Monday, July 22, 2013 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 City Manager Corby Alexander thanked the City Departments that assisted with the Food Distribution on June 29, 2013,and advised Council they will be receiving an update on the Sidewalk Repair Programvery soon. 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of commun members, city employees, and upcoming events; inquiry of staff r information or existing policies–Councilmember Kaminski,Zemanek, Leonard,Engelken, Mosteit, Clausen, Martin, Moser and Mayor Rigby. Councilmember Kaminski commented on the Food Distribution held on June 29, 2013,and thanked th George Watkins for the July 4parade; Councilmember Leonard thanked George Watkins for the th July 4parade and the flags that were distributed to those attending thit was suggested 45 Page of July 8, 2013, Council Meeting Minutes th that George Watkins be presented a proclamation for his efforts on th parades; Councilmember Martin informed he attended the Hurricane Conference and advised t evacuation process appears to be better planned; Councilmember M work and Council for their support at the Food Distribution held;and Mayor Rigby also thanked staff for the work at the Food Distribution held on,and thanked George th Watkins for the July 4parade. 10.EXECUTIVE SESSION The City Council reserves the right to meet in closed session on arise and if applicable pursuant to authorization by Title 5, Ch Code. There was no Executive Session. 11.RECONVENE into regular session and consider action, if any, on item(s)discussed in executive session. There was no Executive Session. 12.ADJOURN There being no further business, Councilmember Engelkenmoved to adjourn the meeting at MOTION PASSED UNANIMOUSLY. 7:50p.m. Councilmember Leonardseconded. _______________________________ Patrice Fogarty, City Secretary Passed and approved on July 22, 2013. ________________________________ Mayor Louis R. Rigby 55 Page of July 8, 2013, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: July 22, 2013 Source of Funds:N/A Requested By: Donald Ladd Account Number: Department:Fire Amount Budgeted: Report:XResolution:Ordinance: Amount Requested Exhibits: First Amendment to Contract Budgeted Item:YESNo Exhibits: Existing Contract Exhibits: SUMMARY & RECOMMENDATION The current contract with the Port of Houston Authority for Secondary Fire Protection at the Barbour’s Cut Terminal expired on March 1, 2013and has been running month to month until agreement from both parties can be signed.The City has negotiated an amendment to the contract for a period of twelve months, in the amount of $1,260.00 monthly, which is the same rate that was in effect for the original contract. Staff recommends approval of the amendment to the original contract. Action Required by Council: Consider approval or other action authorizing the City Manager to execute Amendment No. 1 to the Secondary Fire Protection Contract with the Port of Houston. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 22, 2013 Source of Funds:033 Requested By:David Mick Account Number:033-7071-531-1100 Department:Public Works Amount Budgeted:$ 231,900 ReportResolution:Ordinance: Amount Requested:$ 128,000 Exhibits: Bid Tabulation Budgeted Item: Yes Exhibits: Plan Holders List Exhibits Project Area Map SUMMARY & RECOMMENDATION Street Tax funds are utilized to repair failed concrete pavement sections and/or damaged curb drainage inlets.The proposed FY 13concrete repair program includesmore than 3,760square yards (SY)of concrete street repairs –1,560 SY included with this contract plus an additional 1,500 SY already completed by the Public Works Streets Divisionthis fiscal yearand 700 SY scheduled for city crews. Solicitations for bids for the advertised, sealed bid #13020 Annual Concrete Street, Drainage and Sidewalk repair were opened and read on June 25, 2013.Solicitation requests were advertised in the Houston Chronicle, posted on the City of La Porte website and mailed out to eleven vendors with 2 responding. The lowest and best qualifying bid was received from Brooks Concrete, Inc. of Pasadena, Texas in the amount of $52,480.98 for the Base Bid + $62,037.60 for Alternate #1 for a total of $116,517.00.Staff’s request is for a total allocation equal to $128,000.00 to allow for a construction contingency of approximately 10% (9.86%)of the bid amount. The bid also included a second alternate bid for slab jacking concrete sidewalk. The unit prices for this work provided in the Brooks Concrete bid were in excess of $3.00/SF andsignificantly greater than anticipated by staff.Bid Alternate #2 is notincluded with this request. Project Benefits, Liabilities, and Operating Cost: Benefits: The proposed project provides timely maintenance of existing public facilities. Liabilities of Maintaining the Status Quo: Deferred maintenance adds cost and work hours to future budget years. Operating Costs: No new facilities will be added with this project. Other Considerations: The Hillridge/Roseberry repairs will include an improved vertical profile through the intersection. The original $250,000 budget for this work was reduced by $18,100.00 to fund concrete repair on the city-maintained portion of Farrington Boulevard just north of Spencer Highway. Contract and city forces were utilized to complete the Farrington Boulevard repairs last month to take advantage of the traffic control that is now in place for the Pct. 2 improvements south of Spencer Highway. Locations of repairs completed by cityforces this FY (1500 SY)are provided below. An additional 700 SY is scheduled for completion by city forces this current year (not part of this contract). Collingdale at Fern RockRustic Gate at Roseberry 3207 Fern Rock3307 Fern Rock 3311 Fern RockLift Sta #31-Cottonwood 8523 Ashwyne3527 Rustic Gate 10907 Pecan3603 Rustic Gate 3800 Pecan3519 Rustic Gate Farrington (N. of Spencer)10118 Shellrock Myrtle Creek at Willow Creek9807 Charmont Rustic Gate at Oakmont Action Requested of Council: Consider approval or other action to award Bid # 13020Annual Concrete Street, Drainage, and Sidewalk Repair Contract to Brooks Concrete, Inc. in the amount of $116,517.00 for the Base Bid plus Alternate #1(Hillridge/Roseberry)only,plus a $11,483.00 contingency for a total expenditure of $128,000.00 Approved for City Council Agenda Corby D. Alexander,CityManagerDate BIDDER’S LIST Sealed Bid #13020 Annual Concrete Street, Drainage and Sidewalk Repair BROOKS CONCRETE INC. IDEAL CONTRACTING SERVICES 4018 Allen GenoaPO Box 1686 Pasadena, TX 77504La Porte, TX 77571 CONSTRUCTION UNLIMITEDMAR-CON SERVICES, LLC 8009 EastonPO Box 837 Houston, TX 77017Deer Park, TX 77536 CRC CONCRETE RAISINGOATES INDUSTRIES INC. 10118 MOERS RD2900 E. X Street HOUSTON, TX 77075La Porte, TX 77571 FOLLIS CONSTRUCTIONUNIVERSAL COATINGS INC 111 N. Broadway3373 S Chestnut Ave La Porte, TX 77571 Fresno, CA 93725 TEAMWORK CONSTRUCTION SERVICES 29011/2 Preston Pasadena, TX 77503 VIRUTAL BUILDERS EXCHANGE 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 ISQFT PLANROOM 8450 Westpark, Suite 100 Houston, TX 77063 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July22, 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 2012-13Budget on September 10, 2012. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2012-13Budget. (*denotes funds with current changes) PreviouslyProposed Original BudgetAmended BudgetAmended Budget General Fund $36,545,885$38,093,712$38,363,712* Grant Fund6,552,8106,922,2666,922,266 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 Economic Development Corporation816,318822,0131,892,013* Tax Increment Reinvestment Zone2,613,5792,613,5792,613,579 Utility8,079,3588,079,3588,725,445* Airport 63,66963,66963,669 La Porte Area Water Authority1,195,7601,195,7601,195,760 Motor Pool 2,523,2983,381,7363,381,736 Insurance Fund 5,709,6845,709,6845,709,684 General Capital Improvement 673,5001,916,5002,656,500 Utility Capital Improvement 175,000901,087901,087 Sewer Rehabilitation Capital Improvement 350,000350,000350,000 Drainage Improvement Fund250,000250,000250,000 1998 General Obligation Bond Fund0032,094* 2004 Certificates of Obligation Bond Fund00257,571* 2005 General Obligation Bond Fund00894* 2006 Certificates ofObligation Bond Fund0078,662* 2006 General Obligation Bond Fund048,70068,649* 2007 Certificates of Obligation Bond Fund23,39123,39141,649* 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$77,569,309$80,702,824 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2012-13Budgetfor the following items: A.$646,087in the Utility Fund forthe fund balance transfer for the FarringtonBoulevard Utility Relocation project. B.$170,000 in the General CIP Fund for the Golf Course Fairway project. C.$170,000 in the General Fund for a transfer of fund balance for the Golf Course Fairway project. D.$570,000 in the La Porte Development Fund for a transfer to the General CIP Fund for the LomaxArena project. E.$570,000 in the General CIP Fund for the Lomax Arena project. F.$500,000 in the La Porte Development Fund for an incentive agreement with the IntergulfCorporation. G.Amend various funds for transfers to the General Debt Service Fund to close out bond funds and for debt reevaluation by the Financial Advisors. a.$100,000 in the General Fund. b.$32,094 in the 1998 General Obligation Bond Fund. c.$257,571 in the 2004 Certificates of Obligation Bond Fund. d.$894 in the 2005 General Obligation Bond Fund. e.$78,662 in the 2006 Certificates of Obligation Bond Fund. f.$19,949 in the 2006 General Obligation Bonds Fund. g.$18,258 in the 2007 Certificates of Obligation Bond Fund. Approved for City Council Agenda Corby Alexander, City ManagerDate 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 Fund36,788,21238,363,712 Grant Fund6,690,0486,922,266 Street Maintenance Sales Tax864,6991,200,000 Emergency Services District864,699802,785 Hotel/Motel Occupancy Tax426,500565,285 Economic Development Corporat1,730,3971,892,013 Tax Increment Reinvestment1,634,0482,613,579 Total Governmental Types48,998,60352,359,640 Enterprise: Utility8,061,8008,725,445 Airport54,50063,669 La Porte Area Water Authority1,230,5501,195,760 Total Enterprise9,346,8509,984,874 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: General1,523,0002,656,500 Utility947,087901,087 Sewer Rehabilitation250,500350,000 Drainage Improvement Fund266,350250,000 1998 GO Bond Fund-32,094 2004 C/O Bond Fund-257,571 2005 GO Bond Fund-894 2006 C/O Bond Fund-78,662 2006 GO Bond Fund-68,649 2007 C/O Bond Fund-41,649 2010 C/O Bond Fund-1,075,223 Other Infrastructure-50,807 Total Capital Improvement2,986,9375,763,136 Debt Service: General2,966,2962,508,337 Utility287,544296,861 La Porte Area Water Authority698,556698,556 Total Debt Service3,952,3963,503,754 Total All Funds73,497,37580,702,824 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April 22, 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 2012-13Budget on September 10, 2012. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2012-13Budget. (*denotes funds with current changes) PreviouslyProposed Original BudgetAmended BudgetAmended Budget General Fund $36,545,885$38,093,712$38,093,712 Grant Fund6,552,8106,915,2666,922,266* 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 2,523,2983,381,7363,381,736 Insurance Fund 5,709,6845,709,6845,709,684 General Capital Improvement 673,5001,916,5001,916,500 Utility Capital Improvement 175,000255,000901,087* Sewer Rehabilitation Capital Improvement 350,000350,000350,000 Drainage Improvement Fund250,000250,000250,000 2006 General Obligation Bond Fund040,00048,700* 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$76,907,522$77,569,309 Action Required by Council: Adopt Ordinance Amending Fiscal Year 2012-13Budgetfor the following items: A.$8,700 in the 2006 GO Bond Fund for additional funding for restroom at Pecan Park. ,additional funding for B.$646,087in the Utility CIPFund for Farrington Boulevard Utility Relocation project. $ in the Utility CIPFund for Farrington Boulevard Utility Relocation project 646087 B. ,. C.$7,000 in the Grant Fund for a contract for the Municipal Court audit. The funding will come from the Judicial Efficiency Reserve. Approved for City Council Agenda Corby Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 13, 2013 Source of Funds: Requested By: Traci Leach Account Number: Department: Administration Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Course photos Budgeted Item:YESNO SUMMARY & RECOMMENDATION This item has been placed on the agenda at the request of Mayor Rigby. Many improvements have been completed at Bay Forest Golf Course since its original construction in 19987-88. One area of the course that has been identified for maintenance isthe fairwayareas. Many fairways are severely rutted and bumpy due to shiftingsoils since course construction. As soil expands and contracts, it creates peaks and valleys, which then creates drainage issues in isolated locations throughout the fairways. Staff proposes addressing the entire course over two budget years, with nine holes being addressed each year. Repairs would consist of using sand to fill and smooth out rough areas, installing new sod as needed, irrigation repairs, worn areas along cart paths, practice areas, and clubhouse. The estimated annual budget to completerepairs, similar to what has been completed on Hole 16, for each set of 9 holes is $85,000. It should be noted that not every hole would need new sod and irrigation repairs, as was done on Hole 16. Scope of work for each hole will be dictated by conditions on each fairway. Atotal budget allocation of $170,000 is needed to address all 18 holes. A breakdown of the $85,000 per nine holes is as follows: Sand and sod ($40,000) Irrigation supplies, such as pipe, sprinkler heads and satellite stations ($20,000) Equipment rental ( $5,000) and Overtime ($20,000) Given that the sod and repaired areas will need to grow in, repairs must be done during the summer months. This project would interrupt play during the week. The back nine is the first priority. Action Required by Council: None. Approved for City Council Agenda Corby D. Alexander, City Manager Date G.Streets & Utilities Multi-Year Plan – Mayor Rigby(D. Mick) H.Golf Course Fairway Upgrades – Mayor Rigby (T. Leach) H.Golf Course Fairway Upgrades – Mayor Rigby (T. Leach) Page 6 of 10 April 13, 2013, City Council Special Meeting Minutes I.Department of Justice Complaint – Councilmember Engelken (T. L J.Major CIP Projects – D. Mick; K. Adcox; M. Boaze; J. Suggs Page 7 of 10 April 13, 2013, City Council Special Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:April 22, 2013 Source of Funds: Requested By: Traci Leach Account Number: Department: Administration Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: $570,000 Exhibits: Budgeted Item:YESNO SUMMARY & RECOMMENDATION Action Required by Council: Approved for City Council Agenda Corby D. Alexander, City Manager Date (d) MOTION PASSED. Ordinance 2013-3477: 8. AUTHORIZATIONS (a) MOTION PASSED. MOTION PASSED. 9. DISCUSSION OR OTHER ACTION (a) Page 4 of 7 April 22, 2013, City Council Meeting Minutes REQUEST FOR LA PORTE DEVELOPMENT CORPORATION AGENDA ITEM Budget Agenda Date Requested:10 June 2013 Source of Funds: Requested By:Scott D. Livingston Account Number: Department: Administration/Economic Development Amount Budgeted: Report: Resolution:Ordinance: Amount Requested: Exhibit:Incentive Agreement Email regarding Maintenance and Surface Use Budgeted Item:YESNO Exhibit:Easement Agreement SUMMARY & RECOMMENDATION In November 2012, the La Porte Development Corporation Board held a public hearing for an infrastructure incentive request for the proposed Intergulf Corporation world headquarters building, located on the west side of the SH 146 Frontage Road, between C and D streets. Intergulf has requested an incentive amount not to exceed $500,000 to expand the available parking on the property. At the February 2013 EDC meeting, the Board designatedthe incentive request as a project of the La Porte Development Corporation Boardand the Council approved it as well. Since that time, staff has been working with Intergulf to draft the incentive agreement outlining the obligations of all parties. The incentive agreement is now ready for Board approval. The agreement sets forth two payments-one after the completion of the drainage improvements and the second payment after Intergulf has provided the Board verification of the capital investment and jobs. The agreement also lays the groundwork for a future surface use easement that grants Intergulfa perpetual parking easement on the surface of this property to enjoy in perpetuity, but reserving to the City the right to disrupt the surface, at Intergulf’s expense, to maintain the subsurface drainage facilities. The surface use agreement will follow the land, not the incentive agreement, so that any future owner of the property will be bound to the same maintenance obligations for the surface parking. Action Required by La Porte Development Corporation: None Approved for La Porte Development CorporationAgenda: Corby D. Alexander,City ManagerDate Ayes: Board members Engelken, Woodard, Ojeda, Clausenand Zemanek Nays: None Absent:President Warren and Vice-President Cooksley 5. Consider approval or other action to move forward with an incent to exceed $66,000.00 to Rob Johnson Interests for a new Retail D Economic Development Coordinator Scott Livingston presented a su Board member Woodard questioned if there was an environmental im Marks Chevrolet property considering the number of hydraulic lif property. City Manager Corby Alexander advised the City would no until Mr. Johnson has closed on the property with it properly fu Board member Clausen asked whether funds would be appropriated f project is complete. Economic Development Coordinator Scott Livi incentive is tied to performance and development. Board member Zemanekimplied if Mr. Johnson is not awarded the $6 would an agreement for a new Retail Development be prevented. Bo commented he would like to see Mr. Johnson close on the property grant. Board member Woodard commented he would ask Mr. Rob Johnsonto at introduce himself to the Board members. Board member Engelkenmoved to table the item for another time wh MOTION PASSED. Johnson can be present. Board Zemanek seconded. Ayes: Board members Engelken, Woodard, Ojeda, Clausenand Zemanek Nays: None Absent:President Warren and Vice-President Cooksley 6. Consider approval or other action authorizing the Board Presiden Consider approval or other action authorizing the Board Presiden Consider approval or other action authorizing the Board Presiden Development Incentive Agreement between the La Porte Development Development Incentive Agreement between the La Porte Development Development Incentive Agreement between the La Porte Development LLC (Intergulf Corporation) for use of Type B Development Corpor LLC (Intergulf Corporation) for use of Type B Development Corpor LLC (Intergulf Corporation) for use of Type B Development Corpor Livingston Livingston Economic Development Coordinator Scott presented a summary. Board member Woodardmoved toauthorize the Board President to exe Development Incentive Agreement between the La Porte Development LLC (Intergulf Corporation) for use of Type B Development Corpor LLC (Intergulf Corporation) for use of Type B Development Corpor MOTION PASSED. member Zemanekseconded. MOTION PASSED. Ayes: Board members Engelken, Woodard, Ojeda, Clausen and Zemanek Nays: None Absent:President Warren and Vice President Cooksley Page 2of 4 June 10, 2013, La Porte Development Corporation Board Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:July 22, 2013 Source of Funds: N/A Requested By: J.Garza Account Number: N/A Department: Planning Amount Budgeted:N/A Report: XResolution:Ordinance: Amount Requested:N/A Exhibit: Appeal of the Enforcement Officers Decision Budgeted Item:YESNO __ SUMMARY & RECOMMENDATION On October 8, 2012, City Council reviewedthe findings of the Dangerous Building Inspection Boardand granted a November 12, 2012,public hearing date to consider formal action.In November, Council granted a 90-day continuance on 500 W. Main Street to allow the owner an opportunity to have his appeal heard by the City’s Zoning Board of Adjustment (ZBOA). At the February 25, 2013 public hearing, Council was advised that the application was just recently resubmitted after being previously withdrawn by the applicantand the meeting was thth scheduled for March 28. Council voted to continue the public hearing until April 8to allow for the ZBOA determination.The property owner and his legal counsel attended the meetings and are aware of Council’s continuance. In addition, reminder meeting letters were mailed. Since the meeting didnot occuruntil after the agenda deadline, staff’s request wasprepared with nd two outcomesand City Council voted to continue the Public Hearing until July 22. th On March 28, the La Porte Zoning Board of Adjustments voted to override the Enforcement Officers’ decision to deny a permit for remodeling of this substandard structure, therefore this structure is no longer considered a Dangerous Building and the Public Hearing may be closed by City Council. Action Required by Council: Consider approval or other action to closethe Public Hearing or other action for the Dangerous Building located at 500 W. Main Street. Approved for City Council Agenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:July 22,2013 Source of Funds: N/A Requested By:Councilmembers Zemanek, Kaminski & Moser Account Number: N/A Department:CityCouncil Amount Budgeted:N/A Report: Resolution:Ordinance:X Amount Requested:N/A Exhibits: Changes Marked VersionOrdinance Budgeted Item:N/A Exhibits: Clean Ordinance SUMMARY & RECOMMENDATION City Council discussed and considered a proposed Ordinance adopting an ethics and conflict of interest policy applicable to City elected officials, City officers and City employees at the June 24, 2013 City Council meeting. nd The item as tabled until the July 22meeting. Action Required by Council: Consider approval or other action adopting an Ordinance establishing an ethics and conflict of interest policyapplicable to City officials and employees. Approved for City Council Agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. 2013-________ AN ORDINANCE ESTABLISHING AN ETHICS ANDCONFLICT OF INTEREST POLICYAPPLICABLE TO CITY OFFICIALS AND EMPLOYEES;FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section1. Policy and purposes. (a)General policy statement. It is the policy of the city that all city officials and employees shall conductthemselves both inside and outside the city’s service so as to give no occasion for distrust of their integrity, impartiality or devotion to the best interest of the city and the public trust which the city holds. (b)Appearance of impropriety. Public service is a public trust. All city officials and employees are stewards of the public trust. They have a responsibility to the citizens of the city to administer and enforce the City Charter and city ordinances. To ensure and enhance public confidence in city government, each city official and employee must strive not only to maintain technical compliance with the principles of ethical conduct set forth in this article and in state law, but also to avoid the appearance of impropriety at all times. (c) This code of ethics has threepurposes: (1) To encourage ethical conduct on the part of city officials and employees; (2) To encourage public service with the city; (3) To establish standards for ethical conduct for city officials and employees by defining and prohibiting conduct that is incompatible with the interests of the city; (d)`This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass affected persons. The officials charged with administrationof this code of ethics shall administer it in a manner that avoids any such use of this code of ethics. Section2. Definitions. In this policy: Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage to any other person in whose welfare the beneficiary has a direct and substantial interest. Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, unincorporated association, or any other entity recognized by law, including a nonprofit organization or governmental entity. Economic interest includes a legal or equitable interest in real property, personal property, or intangible property, or a contractual right, including but not limited to receipt of compensation and/or benefits. Service by a city official or employee as an officer, director, advisor, or other active participant in a nonprofit educational, religious, charitable, fraternal, or civic organization does not create for that city official or employee an economic interest in the property of the organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not an economic interest in the securities or other assets unless the person in question participates in the management of the fund. Employee means any person employed by the city, whether under civil service regulations or not, including those individuals on a part-time basis, but not including any independent contractor. Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee. Officer or official means the mayor or any member of the city council and any appointive member of a city board, commission or committee established by ordinance, charter or state law. Section3. Prohibition against involvement in actions affecting economic interests. (a) General rule. It shall be a violation of this policyfor a city official or employee toparticipate in any proceedings ortake any official action that he or she knows is likely to: (1) Affect an economic interest of: (A) The official or employee; (B) His or her immediate family member; (C) A member of his or her household; (D) An outside employer of the official or employee or of his or her immediate family member; (E) A business entity in which the official or employee or his or her immediate family member holds an economic interest; (F) A business entity for which the city official or employee serves as an employee, officer or director,orotherwise functions in any policy making position; or (G) A person or business entity from whom the official or employee, or his or her immediate family member, has solicited, received and not rejected, or accepted an offer of employment within the past twelve months; or (2) Confer a benefit on the official or employee, or deprive the official or employee of a benefit, where the effect of the action on the official or employee is distinguishable from the effect of the action onother employeesor officials,membersof the public in general or a substantial segment of the public. (b)Meaning of “affect”. (1) In subsection (a)(1) above, an action is likely to affect an official’s or employee’s economic interest if it meets all of the following: (A) The action is likely to have an effect on that interest, either positive or negative, that is distinguishable from its effect onother employeesor officials,members of the public in general or a substantial segment of the public. (B) The effect of the action on that interest is direct, and not secondary or indirect. However, the action need not be the only producing cause of the effect in order for the effect to be direct. C) The effect on the interest must be more than insignificant or de minimis in nature or value. (2) In determining whether a person, entity or property is or was affected by an official’s or employee’s participation in proceedings, vote or decision, it will not be necessary to prove the actual existence or occurrence of an economic effect or consequence if the effect or consequence would be reasonably expected to exist or occur. (c) Recusal and disclosure. A city official or employee whose conduct would otherwise violate subsection (a), or a state conflict of interest law if he or she participated inproceedings or took an action,must abstain from participation in the action in accordance with the following: (1) Immediately refrain from further participation in the matter, including discussions with any persons likely to consider the matter, from the time he or she discovers or reasonably should have discovered the matter triggering the recusal; (2) Promptly file necessary documentationdisclosing the nature and extent of the interest triggering the recusal with the city clerk, if the person is an official, or with the person’s supervisor, if the person is an employee; (3) Promptly notify the person’s supervisor of the nature and extent of the interest triggering the recusal, if the person is a city employee, so that the supervisor can reassign responsibility for handling the matter to another person; and (4) Promptly disclose the interest triggering the recusal, if the person is a member of the city council, a city board or commission, to other members of the city council, board or commission, and leave the room in which the city council, board or commission is meeting during the board or commission’s discussion of, or voting on, the matter. (d) No prohibition established in this section shall be construed to prevent members of city council, or theappointees toany board or commissionof the city,or a city employee, from voting on or participating in a matter relating to the adoption of laws, rules and/or policies that applygenerally to all employees, officials and/or members of the public and the effect of which does not confer a benefit on the official or employee that is distinguishable from the effect on other employees, officials or members of the public or a substantial segment of the public. Section4. Standards of conduct. (a) Standardsfor immediate family members. A city official or employee commits aviolation of this policyif animmediate family member, with the official’s or employee’s knowledge, intentionally or knowingly: (1) Solicits, acceptsor agreesto accept from another person any benefit that the member’s relative, who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept under state law; (2) Misusesany official information obtained from the member’s relative, who is a city officer or employee, to which the relative has access by virtue of the relative’s office or employment and that has not been made public, in a manner prohibited as to the relative under state law; or (3) Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or any other thing of value belonging to the city that has come into the member’s custody or possession by virtue of the office or employment of the member’s relative who is a city officer or employee. (b)Representation and appearance at meetings. No city officialor employee shall knowingly: (1) Appear before the body of which the officer or employee is a member, or otherwise participate in any proceedings, as a representative for any private person, including the officer or employee or any immediate family member, except that an official or employeemay represent their interests in their own property before a board, agency, commission or department of the city. (2) Participate in any proceedings, directly or indirectly, wherein the official or employee representsthe interests ofany outside employer, business entity, group or interest in any matter, action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party; (3) Accept other employment or engage in outside activities incompatible with the full and proper discharge of city duties or that might impair independent judgment in the performance of city duties; or (4) Make a false statement of material fact at a public meeting.This subsection shall not be construed to deprive an officer or employee of the right to due process under the law, including the right to represent himself/herself in a court proceeding. (c) Representation by council members. No city council member shall knowingly represent any private person, including the city council member or any immediate family member, or any outside employer, business entity, group or interest in any matter before any department, agency, commission or board of the city, except that city council members may represent their interests in their own propertybefore a board, agency, commission or department of the city. (d)Representation in municipal court. In any action or proceeding inthe municipal court which is instituted by a city officer or employee in the course of official duties: (1) No city council member shall knowingly represent any private person other than himself or herself. If a city council member elects to have a trialin municipal court, the city council, without the participation of the affected city council member, will appoint a special judge to preside over the trial. (2) No city officer or employee shall knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (e) Representation in land use and development matters. A member of the planning and zoning commission shall not knowingly represent the member or any other person, group or interest in any matter before the zoning board of adjustments involving land use or development, and a member of the zoning board of adjustments shall not knowingly represent the member or any other person, group or interest in any matter before the planning and zoning commission involving land use or development. This subsection does not apply to members representing their interests in their own property. (f) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to other persons. A city official or employee who represents to a person that the official or employee may provide an advantage or impediment to the person based on the official's or employee’s office or position violates this rule. Section5 . Contracts with city; eligibility for appointment or election to office. (a) No member of the city council and no city employee shall have a financial interest in the sale to the city of any land, materials, supplies or service, outside of the person’s position with the city. Any person having an interest shall be ineligible for election as a city council member or appointment as a city employee, and any city council member or city employee who acquires an interest shall forfeit the office or employment. Any violation of this subsection with the actual or constructive knowledge of the city council member or employee shall render the contract voidable by the city manager or the city council. (b) In subsection (a) of this section and in subsection 2.425(c), the term “sale to the city” includes a sale to city-sponsored entities and organizations subject to substantial control by the city in one or more of the following respects: (1) All or a majority of the governing body of the entity or organization is appointed by the city council; (2) The city provides more than one-half of the operating funds of the entity or organization; (3) The city has approval authority over purchasing decisions made by the entity or organization; (4) The city has approval authority over bondsor other indebtedness issued by the entity or organization; or (5) The city has approval authority over the budget of the organization. (c) This section does not apply to acquisition of property by the city as a result of eminent domain proceedings or the threat of eminent domain proceedings. Section6 . Restrictions on former employees. (a) No former city employee shall, for a period of one year from the date of leaving city employment, knowingly: (1) Appear at a meeting of a board or commission staffed by members of the department of which the employee was a member, as a representative for any private person, including the employee or any immediate family member, or any group or interest. (2) Represent, directly or indirectly, any private person, including the former employee or any immediate family member, or any group or interest in any action or proceeding against the interests of the city or in any litigation in which the city or any department, agency, commission or board thereof is a party. (b)Notwithstanding the foregoing prohibitions, a former employee may represent their interests in their own property before a board, agency, commission or department of the city. Furthermore, this subsection shall not be construed to deprive a former employee of the right to due process under the law, including the right to represent himself in a court proceeding. (c) In any action or proceeding in the municipal court which is instituted by a city officer or employee in the course of official duties, no former city employee shall, for a period of one year from the date of leaving city employment, knowingly represent any private person other than himself or herself, including any immediate family member, or any group or interest. (d) For a period of one year from the date of leaving employment, a former city employee shall not have any financial interest in the sale to the city of any land, materials, supplies or service. Any violation of this subsection with the actual or constructive knowledge of the former city employee shall render the contract voidable by the city manager or the city council. This subsection shall not apply to a former city employee whose employment was terminated as part of a reduction in force. Section 7. Each and every provision,paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 8 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 9. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10 . This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this _____day of _________, 2013. CITY OF LA PORTE By: ______________________________ Louis R. Rigby, Mayor ATTEST: ______________________________ Patrice Fogarty City Secretary APPROVED: ______________________________ Clark T. Askins Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July 22, 2013 Source of Funds:033 Requested By:David Mick Account Number:033-7071-531-1100 Department:Public Works Amount Budgeted:$ 407,000 ReportResolution:Ordinance: Amount Requested:$ 373,000 Exhibits: Bid Tabulation Budgeted Item: Yes Exhibits: Project Area Map Exhibits Engineer’s Recommendation SUMMARY & RECOMMENDATION The removal and replacement of Shady River Road concrete pavement is included in the current FY 13 Capital Improvement Plan (CIP) with a budget of $450,000. The work will also include removal and replacement of the approach slabs for the bridge located on thewest end of the project area and asphalt resurfacing of both the bridge deck and the subdivision entry at Old Hwy 146. After the cost of design and the anticipated fees for materials testing during construction are both deducted $407,000remains for construction.Staff’s request is for $373,000for construction($34,000 below budget). Bids received for the advertised, sealed bid #13021Shady River Road Concrete Pavement Removal and Replacement were opened and read on July02, 2013.Solicitation requests were advertised in the Houston Chronicleand posted on the City of La Porte website with 4vendors responding. The lowest and best qualifying bid was received from Brooks Concrete, Inc. of Pasadena, Texas in the amount of $339,322.20.Staff’s request is for a total contract allocation of $373,000.00 to allow for a construction contingency of approximately 10% of the bid amount. Maintenance of traffic is a significant consideration for this project. Shady River Road is the only meansof ingress/egress for nearly 200 residences in the subdivision. Traffic volumes on Shady River Road are approximately 2,000 vehicles per day. Due to a variety of constraints, this project will be constructed one lane at a time. Two flaggers and an off-duty police officer are proposed around the clock for the duration of the project (45-days). Two bidders, Teamwork Constructions Services, Inc. and 4C Construction, bid the maintenance of traffic line item to provide a lesser service than was specified in the plans. Both bids were rejected on those grounds. Bidders No. 1, 2, and 3 have been advised of staff’s proposal to recommend that the contract be awarded to Bidder No. 3. Staff also consulted with the City Attorney. All, including Bidders No. 1 and 2, are in agreementwith this direction. Project Benefits, Liabilities, and Operating Cost: Benefits: The proposed project provides timely maintenance of existing public facilities. Liabilities of Maintaining the Status Quo: Deferred maintenance adds cost and work hours to future budget years. Operating Costs: No new facilities will be added with this project. Other Considerations: Staff considered and investigated options for constructing a second access to the subdivision as an alternate route during construction. The three locations considered are shown on the attached project map. Location #1 included a drive from the existing stubbed street off of Hackberry to McCabe, Location #2 included a drive from Bayou Drive to McCabe (through the HOA park property and 2 to 3others depending on the alignment, Location #3 included an extension of Fairfield Avenue over the bayou (through Shoreacres right-of-way and Shoreacres-owned parcels) to Oak Leaf Avenue. All three optionswere discarded due to the cost of clearing, grading and drainage work sufficient enough for to provide a gravel road for up to 1850 vehicles per day, and the expense of removing the gravel drive and restoring the project area when complete. The expense and complications involved with obtaining offsite easements were also considerations. During construction, the contractor will remove and replace one lane at a time leaving the other lane open for two-way traffic. Staff considered various alternatives available to best maintain traffic during constructionincluding a second subdivision access (discussed above), temporary pavement, temporary traffic signals, and reconstructing the pavement in very short sections where motorists might negotiation a short one-lane segment of roadway without benefit of flaggers. Staff also sought the opinions of the design consultant and two contractorswho are competent in these types of projects. Considering all options and opinions, flaggers with an off- duty police officer on-site around the clock for the period that the road is down to a single lane was selected as the best and safest course of action. There will be periods outside of the morning and evening rush hours where the concrete truck will set up and pour from the remaining lane of traffic. This will close the road to non- emergency traffic for 15 –20 minutes while the concrete truck empties and moves on. Approximately 40 loads of concrete will be required throughout the project.There may also be short periods when left-turning traffic from northbound Hwy 146 into the subdivision will be prohibited to ease the potential for congestion on Old Hwy 146. The contractor and staff will utilize flyers, roadside electronic message boardsand CTY connect throughout the project to provide the residents with as much information as possible. Staff also plans to hold a public meeting for the residents prior to construction. Residents will have the phone numbers for key city personnel should any concerns or problems arise during construction. Action Requested of Council: Consider approval or other action to award Bid # 13021Shady River Road Concrete Street Removal and Replacement to Brooks Concrete, Inc. in the amount of $339,322.20and authorize a project contingency of approximately 10%, for a total contract authorization of $373,000. Approved for City Council Agenda Corby D. Alexander,CityManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:July 22, 2013 Source of Funds: RequestedBy:Ken Adcox/ Reagan McPhail Account Number: Department:Police Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:Animal Shelter Options Matrix Budgeted Item:___YES ____NO Exhibits: Animal Shelter Bidder’s List Exhibits: Animal Shelter Contractor Bid Sheet___ SUMMARY & RECOMMENDATION City Council previously approved the construction of 4,376 square foot Animal Adoption Center and Shelter to be located at the 10700 block of Spencer Highway, adjacent to the existing vacant Air National Guard facility.A total of $985,000 was budgeted for the project. A professional design services agreement was entered into with Jackson & Ryan Architects for the design of the facilityin the amount of $63,000. The design was completed and approved by City Council onJanuary 28, 2013. Construction bids were then solicitedfrom 41 vendors, with 7 responsive bids received. Taking into account auxiliary costs associated with design, geotechnical studies, materials testing, special inspections, utilities/ utility set-up, legal expenses, miscellaneous reimbursements, minor furniture needs, and communications/ IT requirements, which total approximately $150,000, the remaining funds available for construction total $835,000. The low bidon the projectwas$1,127,200(including alternate items #2 and #5).Since the bid was in excess of $1 million, a financial audit was required of the bidder. The low bidder was subsequently determined not to qualify to participate in the project. The next lowest bidder was Summit Construction at $1,245,400 (including alternate items #2 and #5). Adding an8%, or $99,632, contingency would bringthe total estimated construction costs to $1,345,032, leaving a deficit of $510,032. Due to the projected deficit, staff has researched alternatives relating to the project and is asking City Council for further direction on the project. Five differentoptionsare being presented for discussion, with the estimated costs and pros and cons of eachdetailed within the attached Animal Shelter Options Matrix. In brief, the options include: 1)Awardingthe bid for construction to SummitConstruction(second lowest bidder) and covering theexpected deficit amount via fund balance, or 2)Rejectingall bids, cuttingsignificant design and function elements from the project scope, and rebiddingthe project at the current proposed (Airport) site, hoping to come in closer to the target budget, or 3)Rejectingall bids, cuttingsignificant design and function elements fromthe project scope, looking for a new site, and rebiddingthe project, hoping to come in closer to target budget, or 4)Rejecting all bids and usingthe available funds to renovate/ add to the existing shelter at its current site next to the Water Treatment Plant, or 5)Rejectingall bids and placingefforts to build thenew Animal Adoption Center and Shelteron hold. Action Required by Council: Discuss Animal Shelteroptions and provide staff with further direction. Approved for City Council Agenda Corby D. Alexander,CityManagerDate BID #13013 –ADOPTION CENTER AND ANIMAL SHELTER DERK HARMSEN CONSTRUCTION CO COMPLETE ELECTRICAL SERVICES 2820 Center PO Box 512 Deer Park, Texas 77536Seabrook TX.77586-0152 Off: 281-479-3400Attn: Bob Steadman Attn: Steve WiggingtonPh: 281-212-7072 dhccoinc@dhconstruction.comelishad@completeelectricalservices.com wiggington@sbcglobal.net GREEN LEE PLUMBING 621 W. Main FOLLIS CONSTRUCTION La Porte TX. 77571 111 N Broadway Attn: Tom Cambell La Porte, TX 77571 Ph: 281-471-6672 Attn: Mark Follis greenlee.service@sbcglobal.net Ph: 281-471-6881 mfollis@follisconstruction.com MR. ELECTRIC OF BAY AREA 2318 Center Street, Suite 110 L & M CONTRACTORS Deer Park TX. 77536 511 S. Utah Attn: Brock Bihn La Porte, Texas 77571 Ph: 713-477-1770 Ph: 281-932-3128 brock.bihm@mrelectric2009.com Attn: Bryan Moore bryan@lmcontractors.com PFEIFFER & SONS ELECTRIC th Street 116 N. 16 PATAK CONSTRUCTION, INC. La Porte TX. 77571 1927 Hwy. 146 Attn: William Coopwood Kemah, Texas 77565 Ph: 281-471-4222 Attn: Tim Patak coopwood@pfeifferandson.com Off: 281-334-9833 patakconstruction@comcast.net WEAVER ELECTRIC 2309 Center Street Suite A. OATES INDUSTRIES Deer Park TX. 77536 2900 East X St Attn: Randy Weaver La Porte, TX 77571 Ph: 281-479-4741 Attn: David Williams raweaverelectric@yahoo.com Ph: 281-930-9305 Davidwilliams@oatesinc.com FROST CONSTRUCTION jaimeramos@oatesinc.com 315 Main Street Humble TX. 77338 SUMMIT BUILDERS DCK Attn: Scott Frost 15825 Tomball Parkway #5 Ph: 713-851-0039 Houston, TX 77086 sfrost@frostconstruction.net Attn: Stephen Reynolds Attn: Bailey Kern Ph: 281-580-1699 CF JORDAN sreynolds@summitbuilders.com 9801 Westheimer Rd #32 bkern@dckww.com Houston, TX 77042-3978 Attn: Jay Nelson STONEWALL CONSTRUCTORS Ph: 832-615-1270 jnelson@cfjordan.com 13011 Mula Lane Stafford TX. 77477 Attn: Janet Unruh Ph: 713-660-8334 janet@stonewallconstructors.com TURNKEY, INCTEAL CONSTRUCTION COMPANY 58 Parker Rd1335 Brittmoore Rd Houston,TX 77076Houston, TX 77043 Attn: Al LockerAttn: Amber Timmermeyer Ph: 713-695-6846Ph: 713-465-8306 al@turn-keyinc.comambertimmermeyer@tealcon.com Email: TELLEPSEN BUILDERS, LP BASS CONSTRUCTION CO., INC 777 Benmar #400 1124 Damon St Houston, TX 77060 Rosenburg, TX 77471 Attn:Bill Peel Attn: Dave Oliver Ph: 281-447-8100 Ph: 281-342-2022 bpeel@tellepsen.com dave@bassconco.com TURNER CONSTRUCTION CO. GAMMA CONSTRUCTION 4263 Dacoma St 2808 Joanel Houston,TX 77093 Houston, TX 77027 Attn: Michael Grindel Attn: Pam Haynes Ph: 713-840-8441 Ph: 713-963-0086 mgrindel@tcco.com phaynes@gammaconst.com BROOKSTONE CONSTRUCTION COX COMMERCIAL CONSTRUCTION LLC 3715 Dacoma St 1300 Rolling brook Dr #500 Houston, TX 77092 Baytown, TX 77521 Attn: Kimberly Derry Attn: Brian E Buck Ph: 713-683-8800 Ph: 281-420-9100 kderry@brookstone-tx.com bbuck@cox-commercial.com CDC NEWS GW PHILLIPS CONSTRUCTION, INC 4201 W Palmer Ln #A200 117 Oates Rd Austin, TX 78727 Houston, TX 77013 Attn: Linda Highland Attn: George Phillips Ph: 512-634-5997 Ph: 713-674-9400 lhighland@cdcnews.com gwphillipsconst@aol.com HORIZON GROUP INTERNATIONAL DLM CONSTRUCTION, INC 4204 Bellaire POBox 1857 Houston, TX 77025 Angleton, TX 77516 Attn: Bob Francis Attn: Angela Garcia Ph: 713-660-8282 Ph: 979-849-9363 bfrancis@hgiusa.com angelagarcia@dlmconstructioninc.com BLUEBAY CONSTRUCTION LLC MCGRAW-HILL CONSTRUCTION 2400 Augusta Dr. #453 4300 Beltway Place #180 Houston, TX 77057 Arlington, TX 76018 Attn: Ama Cobbina Attn: Toni Lawson Ph: 713-458-1616 Ph: 281-460-5730 ama@bluebayconstruction.com toni_lawson@mcgraw-hill.com HOUSTON AGC PLANROOM JORDAN GENERAL CONTRACTORS 3825 Dacoma St 15115 FM 1488 Houston, TX 77092 Magnolia, TX 77354 Attn: Ashley Zupp Attn: Pat Green Ph: 800-364-2059 Ph: 281-356-5756 houstonpr@isqft.com patgreen@jordan-general.com GENERAL CONTRACTOR SERVICES, INC.TRI-POINT CONSTRUCTION 8400 La Porte Rd562 Kingwood Dr Suite 9 Houston, TX 77012Kingwood,TX 77339 Attn: Vernon TeltschickAttn: Juan Escobedo Ph: 713-270-5300Ph: 281-548-7440 goldie.t@sbcglobal.netjescobedo@tripointconstruction.com Email: DT CONSTRUCTION, LPALPHA TESTING 1023 N. Houston Ave.2209 Wisconsin St, Suite 100 Humble, TX 77338Dallas,TX 75229 Attn: Bill WisenbakerAttn: Brian Bertram Ph: 281-540-2411Ph: 888-950-3007 bill@dt-construction.compatstettner@alphatesting.com Email: CIVIL CONCEPTSAztec Remodeling and Landscaping 3425 Federal RDP.O. Box 594 Pasadena TX. 77504Seabrook, Texas 77586 Att: Jay HyleAttn: Mo Momayezi Ph: 713-910-9012Ph: 832-267-2924 j.hyle@civilconcepts.com Fax: 281-326-1019 Email: aztecldsc@gmail.com Email: BAYSIDE PLUMBING Attn: Jacob Hayman Ph: 281-471-4445 Jacob.hayman@yahoo.com Email: PALADIN PLUMBING 10405 N H Street La Porte TX. 77571 Ph: 281-470-1163 jo4wheler2000@yahoo.com Email: MONTGOMERY BUILDING SERVICE PO Box 187 Montgomery, TX 77356 Attn: Bill McComas Ph: 281-813-6315 montgomerybuildingservices@msn.com Email: COMEX CORPORATION 9841 Spencer Hwy La Porte,TX 77571 Attn: David Walker Ph: 281-479-2322 davidaw@comexcorp.com Email: UNDERWOOD SHEET METAL th 1029 W 26St Houston,TX 77008 Attn: Edis Reyes Ph: 281-479-2322 davidaw@comexcorp.com Email: Bidnet 20A Railroad Avenue Albany NY. 12205 Attn: Nancy Rivers Ph: 800-677-1997 gbs@bidnet.com Email: Houston AGC @isqft 8450 Westpark, Suite 100 Houston TX. 77063 Attn: Erica Taylor Ph: 800-364-2059 X 7064 Email: etaylor@Isqft.co REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:July22, 2013 Source of Funds:N/A Requested By:Michael Dolby, CPA,Director of Finance Account Number:N/A Department:Finance Amount Budgeted:N/A Report: Resolution:Ordinance: Amount Requested:N/A Exhibits: Budget Calendar Budgeted Item:YESNO Exhibits: Exhibits: SUMMARY & RECOMMENDATION In accordance with Article IV, Section 4.03 of the City’s Charterand Section 102 of the Local Government Code, Council shall determine the place and time of the Public Hearing on the proposed budget, and shall cause to be published a notice of the place and time. Not less than ten(10) days after date of publication, Council will hold a Public Hearingon the proposed budget. Staff is recommending that a Public Hearing for the Fiscal Year 2013-2014Proposed Budget be held on Monday, September 9, 2013, at a Regular Called meeting of the City Council to begin at 6:00 p.m. Additionally, staff is would like to discuss the proposed dates for the budget workshops. Staff th recommends holding the budget workshops during the week of August 12. Action Required by Council: Approve the recommended date of September9, 2013, for the Public Hearing on the City’s FY 2013-2014Proposed Budget. Approved for City Council Agenda Corby D. Alexander,City ManagerDate BUDGET CALENDAR FY 2013-2014 DAYDATEACTIVITY SaturdayApril13Pre-Budget Workshopwith Council TuesdayApril 23Budget Kickoff –Initial Discussion and Packet Distribution Begin Departmental Input of 2012-2013Estimates (Level 150) Begin Departmental Input of 2013-2014Projections ( Level 200) TuesdayApril 30Overtime Projections due from Divisions for FY 2013Estimates and FY 2014 Projections Tue-FriApril30-Meetings with Public Works and ITre: Costs for Requests for New Vehicles May 3and Computers, upgrades to ScheduledReplacements and maintenance of computer hardware and software. FridayMay3Complete Input of All Capital Requests ThursdayMay 9Report from Public Works re: Vehicle Purchases and Upgrades of Scheduled Replacements Due to City Manager’s Office FridayMay 17Complete Departmental Input of 2012-2013Estimates (Level 150) Complete Departmental Input of 2013-2014Projections (Level 200) Revenue Estimates and Projections due to Finance Goals, Objectives and Performance Measures due to Finance ThursdayMay30Proposed budgets to City Manager(Revenues & Expenditures) WeekJune 10-14City Manager review with Departments ThursdayJune27Final Revenue Estimates Prepared FridayJuly5Budget review compilationsby City Manager MondayJuly22City Council to determine place and time of Public Hearing MondayJuly29City Manager sends City Council Proposed Budget WeekAug12-16City Manager Budget Workshops with Council MondayAug 12City Council to decide on dates of Public Hearings on tax rate (if needed) 15 days SundayAug25Post Notice of Public Hearingand Notice of Property Tax Revenue Increase 30 days* 10 days MondaySep 9First Public Hearing on Tax Rate–IF NEEDED MondaySep 9City Council Adopts Budget/Public Hearing MondaySep 16Second Public Hearing on Tax Rate (Special Called Meeting)–IF NEEDED MondaySep 23City Council Adopts Tax Rate–IF NOT ADOPETED WITH BUDGET *30 days prior to setting the tax levy. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2013Appropriation Requested By:Corby D. AlexanderSource of Funds: Department:AdministrationAcct Number: Report:XResolution: Ordinance: Amount Budgeted: Attachments:Draft of CIP Proposal for FY 2013-14Requested: Attachments: Budgeted Item(s): YES NO _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION As each of you are aware, one very critical aspect of the budgeting process is the Capital Improvements Program part of the budget. Attached, please find a draft proposed CIP for the upcoming fiscal year. Please pay particular attentionto those projectssubmitted for funding in Fund 15 or General Fund CIP. This fund is supported with General Fund revenue. As the City’s finance department has indicated previously, the City has approximately $8 million above the required fund balance.These excess reserves would be the revenue source for next year’s Fund 15 CIP. Should the City proceed with the CIP as currently proposed, it would mean a significant drawdown (approximately $3.1million) of the $8 million reserves. Staff is seeking direction regarding: a.Proceeding with the CIP as presented b.Possibly spreading the identified projects out over a period 2 to 4 year, so that the reserves are not drawn down as drastically, allowing the fund to replenish itself. c.Consider the scope and budget of the identifiedprojects A ction Required by Council: Provide direction to staff regarding CIP for the upcoming fiscal year(s). Approved for City Council Agenda ___________________________________________________________ Corby D. Alexander, CityManagerDate Original SubmittalCM ReviewComments 7/16/20132:41 PM Fund 015 Requests Estimated Available Fund Balance plus FY 14 Revenue819,1061,004,106Accounts for $1M in savings from FS 1 Northwest Park Lighting- Phase 1345,000$- City Hall Security Improvements150,000$- EOC/Dispatch Enhancements- Phase 1 40,000$- Trail Connector30,000$- Playground Renovation50,000$-Eliminated for B-ball court upgrade Home Lot Purchases100,000$100,000 Community Cooperation Projects20,000$20,000 Historic School Design10,000$10,000 F101 Land Acquisition670,000$-Unlikely to start hot and heavy in 2014 Happy Harbor/Klein Retreat Bulkheads20,000$20,000 Model T Garage135,000$135,000 Fire Dept Air Packs400,000$400,000 design, construction, and elevation Generator at WWTP$1,000,000 Northside Spraypark$550,00015% higher than Brookglen Fairmont Pool/Spraypark$625,00030% higher due to unknowns Golf Course/Little Cedar Bayou Irrigation System$154,000Original System is still in place Contingency100,000$100,000 Project Total2,070,0003,114,000 Fund 003 Requests Estimated Available Fund Balance plus FY 14 Revenue71,7491,171,749Includes $1,100,000 from Fund 001 In-House Water Line Replacement57,000$57,000 Lift Station 39 Force Main Replacement (SSO)185,000$-Move to Fund 018 Lift Station 22 Improvements (SSO)35,000$-Move to Fund 018 Replace Water Well Controls @ Wells 1 & 2$231,000Controls installed late 50's or early 60's Recoat Interior of S. 4th St Elevated Tank $120,000Last coating done in 8-9 years ago Water Tank Replacement @ Plant No. 5$465,00034-35 years old Fire Hydrant Replacement/Rehabilitation$30,000Annual Program Aeration Basin Clean Out at WWTP$50,000Annual Program ahead of TCEQ req's Lift Pump Replacement$30,000Annual Program Replacement Water Meters for the AMR System$90,000 Concrete Street Replacement Program Design Scotchmoss Utility Improvements (w/street) 25,000$25,000 Design Catlett/Belfast/PineyBrook/Carlow Utility Improvements (w/street) 20,000$20,000 Design & construction Jefferson/Sylvan Dr Utility Improvements (w/street) 50,000$50,000 Wastewater Equipment Replacement80,000$-Move to 80-21 in Fund 002 operations Project Total452,000$1,168,000 Fund 018 Requests Estimated Available Fund Balance plus FY 14 Revenue579,618579,618 Sanitary Sewer Rehabilitation350,000$350,000 Lift Station 39 Force Main Replacement (SSO)$185,000From Fund 003 Lift Station 22 Improvements (SSO)$35,000From Fund 003 Contingency- Project Total350,000570,000 Fund 019 Requests Estimated Available Fund Balance plus FY 14 Revenue475,116475,116 Inlet Replacement Program5,0005,000 Concrete Street Replacement Program 233,000233,000 Drainage Maintenance Projects35,00035,000 Sanitary Sewer Upsizing and Drainage180,000180,000 Broadway & A; N 3rd & Adams; S. Virginia & E. H St Browning Street(as funds allow) N 6th & Main; N 11- N 13th St(as funds allow) Project Total453,000453,000 Fund 033 Requests Estimated Available Fund Balance plus FY 14 Revenue1,848,2951,422,007 Design Scotchmoss Utility Improvements (w/street) 65,000$65,000 Design Catlett/Belfast/PineyBrook/Carlow Utility 150,000$150,000 Design & construct Jefferson/Sylvan Dr Utility 312,000$300,000 Design Coupland 25,000$12,000 7/16/20132:41 PM Design Pine Bluff Subdivision 25,000$25,000 Asphalt Overlay770,000$700,000 Handicap Ramp Construction30,000$45,000 Concrete Slab Jacking Repair30,000$25,000 Concrete Street/Inlet Repairs150,000$100,000 Project Total1,557,0001,422,000 Fund 050 Requests (Re-allocation of funds already encumbered) Estimated Available Fund Balance plus FY 14 Revenue3,3903,390 Option 1: Assist in funding shortage in 3rd St drainage500,000$500,000This is the priority Option 2: Use remaining funds as City's participation in F101 project 1,024,000 Project Total$500,000 Starting balances based on June 26, 2013 Fund Summaries REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: July 22, 2013Appropriation Requested By:Traci LeachSource of Funds: Department:AdministrationAcct Number: Report:XResolution: Ordinance: Amount Budgeted: Attachments:June 2013 ReportsRequested: Attachments: Budgeted Item(s): YES NO _____________________________________________________________________________________________ SUMMARY & RECOMMENDATION At the request of the City Council, staff is providing an update of delinquent taxeson properties within La Porte. Prior reports had included a report showing the accounts paid for the previous month,as well as a complete listing of all delinquent accounts.Based on additional feedback after the May 2013 Council meeting, staff has amended the report to further breakdown the delinquent tax listing to provide clarification as to the different statuses each property may be in. The following reports are attachedand are current through the end of June 2013: Percentages of each delinquency account typein relation to the total amount of delinquencies. Payments Received Bankruptcies Delinquent Deferrals Partial Payments Litigation Partial Payments Uncollectable accounts Struck off properties 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, CityManagerDate Due to the volume of this report, a copy is available for review in the City Secretary’s Office. REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: July 22, 2013 Source of Funds: Requested By:TimTietjens Account Number: Department:Planning Amount Budgeted: Report: XResolution:Ordinance: Amount Requested: Exhibits:Sidewalk 2012/2013 Target Areas Budgeted Item:YESNO Exhibits: Response to Mr. Kling’s Sidewalk Concerns ExhibitsSidewalk Replacement Criteria SUMMARY & RECOMMENDATION The 2012-2013 City Wide Sidewalk Repair/Replacement Project addresses approximately 5,200 linear feet of unsafe sidewalks within the Brookglen, Bay Pointe Townhomes, Fairmont Park East, Brook Meadows, and Monument Estates Subdivisions. Ninety-five percentof the sidewalk issues encountered isa result of unevenness (elevation separation at expansion joints) creating tripping hazards. Over the past few years,these have been relatively simple to alleviate at a fraction of the cost of removal and replacementby elevating the lower section of sidewalk by a pressure grouting process. The cost of pressure grouting is approximately 35-40% lower than total sidewalk replacement, allowing the City to address more sidewalk issues annually. Pressure grouting is specializedprocess requiring special equipment not generally associated with a concrete paving contractor. In April/May 2013,the Sidewalk Replacement Project was merged with a Public Works street project as an alternate bid item in anticipation of attaining a more competitive unit pricing. The alternate was rejected due to pricing (too high) and bidders were not specialized inthe pressure grouting process. The Purchasing Division is currently in the process of securing quotes for the 2012-2013 Sidewalk Replacement Project. The City expects contractors to submit their quotes the week of July 22. The current year project addresses a few areas of concern submitted by Mr. Kling, while other areas of concern will be addressed in the 2013-2014 Citywide Sidewalk Replacement Project or placed on a list for continued monitoring. It is anticipated the 2013-2014 project will consist of two phases-pressure grouting and sidewalk removal/replacement. Action Required by Council: Receive report. Approved for City Council Agenda Corby D. Alexander, City ManagerDate Response to Mr. Klings Sidewalk Concerns The following is Reagan McPhails assessment of Mr. Klings conc Photo 1017 & 1018  11019 Pinewood Ct - the sidewalk meets the replacement criteria and is a prime candidate for the next sidewalk removal and replacement pr Photo 1019  11003 Pinewood Ct - meets the current maintenance criteria with a C Priority rating; Photo 1020  11001 Graywood - is scheduled for repair in 2013; Photo 1021  10926 Graywood  qualifies as a high priority for maintenance, rated as an A Priority, will incorporate into the 2013 Concrete Raising Projec allows; Photo 1022  10937 Graywood  qualifies for sidewalk the Sidewalk In-fill Program, Program was not funded in 2013; Photo 1023  Unable to read address  sidewalk does not meet the minimum requirement initiating maintenance, <1; Photo 1024  11004 Rosewood  although the sidewalk is cracked it does not appear as a tripping hazard, rated as a C-; Photo 1025  1104 Spruce Drive N  at best a B Priority rating, if the programs budget allows it will be included in the 2013 Concrete Raising Project as a Chang item; Photo 1026  11002 Spruce Drive N  included in the 2013 Concrete Raising Project; Photo 1027  11017 Fairwood  Attained a C Priority rating, will reconsider to be included in future projects. Highlighted areas indicate sidewalks to be addressed in the 2012/2013 City Wide Sidewalk Replacement Project. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: July 22, 2013 ______N/A___________ Source of Funds: Julian Garza Requested By: Account Number:______N/A__________ Department: Planning Amount Budgeted: _____N/A___________ Report: _X__Resolution: __Ordinance: ___ Amount Requested: ____N/A__________ Budgeted Item: YES NO Exhibits: Commission Letter Ordinance w/changes(Not Passed) Ordinance(final)(Not Passed) Chip Seal Department Policy(Passed) SUMMARY& RECOMMENDATION At the request of City Council staff has prepared a summary of the events related to dust free discussions with the Planning and Zoning Commission and City Council. The regulations are contained within a number of separately passed ordinances, and staff has continued to implement and enforce the entirety of the regulations as they have changed over time. On October 18, 2012,the Planning and Zoning Commission formed a subcommittee, which includedCommissionersDanny Earp, Mark Follis, Phillip Hoot, and Les Bird. City staff worked with the subcommittee to analyze the criteria and provide a recommendation for dust free surfacing for areas intended to be utilized for parking, driveways and areas intended to be utilized for storage requiring vehicle use. On February 21, 2013, the Planning and Zoning Commission held a Public Hearing to receive citizen input and recommended City Council approve proposed zoning ordinance amendments. On April 8, 2013, Staff presented proposed changes to the Zoning Ordinance to City Council for approval. City Council did not approve the Ordinance as written and directed staff to discuss proposed changes to the Ordinance with the Planning and Zoning Commission. rd The Commission followed up during their April 23meeting with a vote not to proceed with this proposal in its entirety, but they recommended allowing chip seal to be used under the definition of asphalt and forwarded the policy recommendation to City Council. Sincethey were beginning to comprehensively review the Zoning Ordinance they voted to consider any additional changes during the Zoning Ordinance review in the near future. At the May 13, 2013 meeting, City Council approved the chip seal policyand staff has implemented it per City Council directive. As a result, the acceptable dust free surfaces are currently limited to Concrete, Asphalt and Chip Seal applications as specified in the Public Improvement Criteria Manual and the Chip Seal Department Policy. _____________________________________________________________________________________ Action Required by Council: Receive Report. No Action required. _____________________________________________________________________________________ Approved forCity Council Agenda _________________________________________________________ Corby Alexander,City ManagerDate ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING DUST FREE SURFACE REGULATIONS ANDESTABLISHINGSTANDARDS FORPAVING SURFACES; PROVIDING A REPEALING CLAUSE; CONTAININGA SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III. “Districts”,Division 2. “Residential District Regulations”,Subdivision VI, “LL Large Lot District”is hereby amended by amending Section 106-416“Special Regulations”, subsections (s) and (t), which subsectionsshall hereinafter read as follows: “Sec. 106-416.Special regulations. … (s)Driveways(12’):First 40’ dust free (t)Driveways(20’):First 20’x20’ dust free … Section 2. That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article III. “Districts”, Division 3. “Commercial District Regulations”, Subdivision I, “Generally”is hereby amended by amending Section 106-444“Special use performance standards”, to delete subsection (b)(3), which subsection shall hereinafter read as follows: “Sec. 106-444. Special use performance standards. … (b)Outdoorstorage.Openandoutdoorstorageasanaccessoryorprincipaluseprovided that: (1)Theareaisscreenedfromviewofneighboringresidentialusesoranabutting residentialdistrictincompliancewithsection106-444(a). (2)Storageisscreenedfromviewfromthepublicright-of-wayincompliancewith section106-444(a). (3)Storageareaisgrassedorsurfacedtocontroldust. (4)Alllightingshallbehoodedandsodirectedthatthelightsourceshallnotbe visiblefromthepublicright-of-wayorfromneighboringresidencesandshallbe incompliancewithsection106-521(c),footnoteA. ... Section 3. ThatChapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off- Street Parking”, is hereby amended by amending Section 106-835“Design Standards”, to delete subsection(f)“Surfacing”, which section shall read as follows: “Sec. 106-835.Design standards . Sec.106-835.-Designstandards(alsoseeFigures10-1,10-2and10-3). (a)Parkingspacesize.Eachstandardparkingspaceshallnotbelessthanninefeet wideand18feetinlength,andeachADAaccessibleparkingspaceshallnotbelessthan 14feetwideand20feetinlength,exclusiveofaccessaisles,andeachspaceshallbe servedadequatelybyaccessaisles (b)Withinstructures.Theoff-streetparkingrequirementsmaybefurnishedby providingaspacesodesignedwithintheprincipalbuildingofonestructureattached thereto;however,unlessprovisionsaremade,nobuildingpermitshallbeissuedto convertsuchparkingstructureintoadwellingunitorlivingareaorotheractivityuntil otheradequateprovisionsaremadetocomplywiththerequiredoff-streetparking provisionsofthischapter. (c)Circulation. (1)Exceptinthecaseofsingle-family,two-familyandtownhousedwellings, parkingareasshallbedesignedsothatcirculationbetweenparkingbaysoraisles occurswithinthedesignatedparkinglotanddoesnotdependuponapublicstreet oralley.Exceptinthecaseofsingle-family,two-familyandtownhouse dwellings,parkingareadesignwhichrequiresbackingintothepublicstreetis prohibited. (2)Allmultifamilydevelopmentsmustincludeanareadesignatedfor accommodationofschoolbusesandtheloadingandunloadingofpassengers. Whereverpossiblesaidpickup/dropoffsitesshouldbelocatedsuchthatthe passengerscanbeprotectedfromtheelements.Suchareasmustcomplywith minimumstandardsnecessaryfortheefficientingress,egress,andmaneuvering ofschoolbusesfortheloadingandunloadingofpassengersassetbytheLaPorte IndependentSchoolDistrict.Acopyofthesestandardscanbeobtainedfromthe schooldistrict. (3)Inthecaseofoff-streetparkingfacilitieslocatedwithinmultifamily developmentsallnon-adjacentgaragestructuresdividedbyparkingbaysor accessaislesshallbeseparatedbynolessthan28feet. (4)Maneuveringaisle.Aminimumofa25-footmaneuveringaisleisrequired for90-degreeparking.Aminimumofa18-footmaneuveringaisleisrequiredfor 60-and45-degreeparking. (d)Parallelparkingspaces.Inallcases,parallelparkingspacesshallbe22feetin length.Exceptinthecaseofsingle-family,two-familyandtownhousedwellings,parking 2 areasandtheiraislesshallbedevelopedincompliancewiththestandardscontainedin Figures10-1and10-3. (e)"Head-in"parkingspaces.Inthecaseofoff-streetparkingfacilitieslocated o withinmultiple-familydevelopmentsexclusivelyserving"senior"ageindividuals,all90 or"head-in"parkingisprohibited. FIGURE10-1 3 FIGURE10-2 CURBANDDRIVEWAYCRITERIA,RESIDENTIALDISTRICTS (R-1,R-2,R-3,MH) DrivewayRequirements Drive width12 Curb return radius Distance from intersection Spacing between driveway Distance from side lot line Intersecting angle90 Approach grade5% max. For concrete drives only: a.Material w/ 6×6-6/6 W.W.M. b.Expansion jointAt property line c.Curb (if applicable)Curb disappearing at property line Obstruction clearance hydrants, etc. 4 *Thisdistanceshallbemeasuredfromtheintersectionofpropertylinescommonwith streetright-of-waylines. FIGURE10-3 CURBANDDRIVEWAYCRITERIA COMMERCIALANDINDUSTRIALDISTRICTS (CR,NC,GC,BI,LI,HI) Driveway CriteriaRequirements CommercialIndustrial Drive width Curb return radius Distance from intersection Spacing between driveways Number of accesses % of property frontage40%40% Intersecting angle9090 Approach grade5% max.5% max. Expansion jointAtprop. lineAt prop. line CurbsDisappearingDisappearing at prop. lineat prop. line Obstruction clearance Distance from side lot line *Thedistanceshallbemeasuredfromtheintersectionofpropertylinescommonwiththe streetright-of-waylines. (e)Drivewayapproaches.Drivewayapproachesshallbeaminimumtwofeetfrom thesidepropertylineinresidentialdistricts,andtenfeetfromthesidepropertylinein businessorindustrialdistricts,orR-3residentialdistricts. (f)Surfacing.Allareasintendedtobeutilizedforparkingspaceanddrivewaysshall besurfacedwithmaterialssuitabletocontroldustanddrainage.Exceptinthecaseof single-familyandtwo-familydwellings,drivewaysandstallsshallbesurfacedin conformancewiththepublicimprovementscriteriamanual.Plansforsurfacingand drainageofdrivewayandstallsforfiveormorevehiclesshallbesubmittedtothe directorforhisreviewandthefinaldrainageplanshallbesubjecttohiswrittenapproval. (g)Striping.Exceptforsingle-family,two-familyandtownhousedwellings,all parkingstallsshallbemarkedwithpaintedlinesnotlessthanfourincheswide. (h)Lighting.Anylightingusedtoilluminateanoff-streetparkingareashallbeso arrangedastoreflectthelightawayfromadjoiningproperty,abuttingresidentialuses andpublicright-of-way. 5 (i)Curbing.Exceptforsingle-family,two-familyandtownhousedwellings,allopen off-streetparkingshallhaveacurbbarriernotcloserthantwofeettoallstreetfrontage. (j)Requiredscreening.Anyscreeningrequiredshallconsistofthefollowing: (1)Aplantingstripshallconsistofevergreengroundcover,andshallbeof sufficientwidthanddensitytoprovideaneffectivescreen.Theplantingstripshall containnostructuresorotheruse.Suchplantingstripshallnotbelessthansix feetinheight.Earthmoundingorbermsmaybeused,butshallnotbeusedto achievemorethantwofeetoftherequiredscreen. (2)Standards: a.Widthofplantingstrip:Fourfeet. b.Typeofplanting:Evergreen. c.Sizeofplants:Minimalheightoffourfeetattimeofplanting.Must reachaheightofsixfeetwithintwoyears. d.Plantingdensity:Suchthatwithintwoyearsofnormalgrowth,asolid screenwillbeformedtoaheightofatleastsixfeetaboveadjacentgrade. (3)Screeningwillberequiredinthefollowingsituations: a.Parkingareasforrecreationalbuildings,communitycenters,religious, andprivateandpubliceducationalinstitutions. b.Manufacturedhousingparksandsubdivisionsscreenedfromabutting uses. (4)Requiredscreeningwillcounttowardtherequiredpercentageoflandscaping. (k)Parkinglotscreening.Alandscapebuffershallbemaintainedbetweenallopen, nonresidentialoff-streetparkingareasoffiveormorespacesabuttingresidentialdistricts. Landscapebuffersshallbeaminimumoffourfeetinwidth.Plantingsshouldconsistof treesandlowevergreenshrubs.Plantingplansshallbeapprovedbythedirector. Section 4. That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off- Street Parking”, is hereby amended by amending Section 106-837,“Location”, subparagraph (6), which subsection shall hereinafterread as follows: “Sec.106-837.Location. … (6) In the case of single-family, two-family, and townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways or one open, surfaced space located on the side of a driveway, away fromthe principal use. Suchextraspaceshallbe surfacedwithconcreteorbituminousmaterial. … 6 Section 5. That Chapter 106 of the La Porte Code of Ordinances, “Zoning”, Article VI. “Off- Street Parking”, is hereby establishedby adding new Section 106-841“Paving Surfaces”, which shall read as follows: “Sec. 106-841. Paving Surfaces. A.Purpose.Thepurposeoftheregulationssetforthinthissectionistoencourage highqualityresidentialandnonresidentialdevelopmentsbyavoidingpoorquality surfacesandbycreatingaharmoniousblendofqualitydevelopments.Thisis accomplishedbycreatingmeasurementsorstandardstoensurequality establishments,constructionandreconstructionoflandassetforthherein.This sectionisintendedtoinfluencesuchdesignstandardsforconstructionand reconstructionprojectsinamannerthatachievesavisuallydesirableenvironmentin asafeandbeneficialmannercomplementingsuchdevelopmentssurroundingsand protectingprivatepropertyvalues.This,inturn,promoteseconomicgrowthand preservespropertyvaluestothebettermentofallpropertyowners.Thecriteriaforthe surfacedesignstandardsandtheprescriptionsregardingoff-streetparking,paving, constructionandreconstructionaremandatory. B.Applicability.ThisSectionappliestopropertiesmeetingthefollowingcriteria: 1.R-1andR-2zones:SixinchesofCourseAggregateBase(limestone,crushed concreteandcalciumsulfate)with1½inchHotMixedAsphaltConcreteOR minimum4inchConcretepavement.Reinforcement#66x6W.W.M.or#3bars@18 inchO.C. 2.R-3andMHZones:Minimum5inchConcretepavement.Reinforcement#4bars @24inchO.C. 3.LargeLot(LL)zone:CourseAggregateBase,ReclaimedAsphaltConcrete, SurfaceTreatmentperTxDOTSpecification316,HotMixedAsphaltConcrete,and Concretepavementsareallowedwithoutminimumdesignstandards. 4.NCandMSzones:6inchstabilizedsubgradewith6inchCourseAggregateBase and1½inchHotMixAsphaltConcreteOR6inchstabilizedsubgradewith5inch Concrete.Reinforcement#4bars@24incho.c. 5.GCzone:SurfaceTreatmentperTxDOTSpecification316,6inchstabilizedsub gradewith6inchCourseAggregateBaseand1½inchHotMixAsphaltConcrete OR6inchstabilizedsubgradewith5inchConcrete.Reinforcement#4bars@24 incho.c. 6.BI,LI,HIzones:SurfaceTreatmentperTxDOTSpecification316,Cationic ModifiedPetroleumResinandAsphaltEmulsion(perSpecificationinitemDbelow) allowedbehindthefenceareaswith6inchstabilizedsubgradeand8inchCourse AggregateBase,6inchstabilizedsubgradewith8inchCourseAggregateBaseand 1½inchHotMixAsphaltConcreteor6inchstabilizedsubgradewith8inch Concrete.Reinforcement#4bars@24incho.c. C.SpecialConditions. 7 1.LaydownyardsorstorageareasshallcomplytherequirementsofSection106-841. Storageareasmaybegrassedtocontroldustifgradedtodrainandaccessislimited. 2.RedevelopmentofapropertyshallcomplywiththerequirementsofSection106- 841 3.APUDwillbeapplicabletotheunderlyinguseatthetimeofdevelopmentor redevelopment. 4.Inallcases,drawingsshallincludenotestospecifycompactionrequirementsfor materialsusedoncommercialandindustrialprojects. 5.Removalandreplacementofexistingmaterialformaintenancewouldnotrequire complyingwiththerequirementsofSection106-841. 6.MinimumdesignstandardsmaybewaivedwithsubmittalofEngineeringdesign signedandsealedbyaprofessionalengineer. D.Dilution Ratio –Emulsion product delivered in a liquid emulsion concentrate which is diluted with Cold and Warm potable or non-potable water at the ratio of 1 part emulsion product to 5-8 parts wateras referenced in Section 106-841, B-6. Application Rates: 0.25 –0.50 diluted gallons per square yard. Procedure: Initial Treatment –Base Course Applications Day 1: Apply diluted product at .50 gal per sq.yd. Days 8 & 22: Repeat same procedure as Day 1 Remedial Applications: Applied at 30-90 days after establishing base course contingent upon traffic and wear patterns These specs are intended to specify a specialized modified emulsion with wetting agents and long term diluting stabilizing agent to be used as an All weather dust control. Material to be diluted with cold or warm potable or non-potable water. SpecMin.Max. . Viscosity S.F. @ 77ºF Sec.075 Residue, % min3545 Sara 3 ingredient level00 Moisture, wt %-62 Kinematic Viscosity, Goc, est100- Soluble in Trichlorethylene-8 Ash % wt.-2 Specific Gravity.981.10 Ph3.75 Softening point on asphalt150ºF190º … Section 6 :All ordinances or parts of ordinances inconsistent with the terms of this ordinance, including but not limited to City of La Porte Ordinance 904,passed and approved on November 15, 1971,are hereby repealed; provided, however, that such repeal shall be only to the extent of 8 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 7: 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 8 .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 TWO THOUSAND DOLLARS ($2000.00). Section 9. 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 LocalGovernmentCode; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall 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 leastoncewithin 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 ATTEST: City Secretary APPROVED: Assistant City Attorney 9 Council Agenda Item July 22,2013 11.ADMINISTRATIVE REPORTS (a) Receive report from City Manager La Porte Development Corporation Board Meeting, Tuesday, July 23 La Porte Redevelopment Authority/La Porte Tax Increment Reinvestment Zone No. 1 Meeting, Wednesday, July 24, 2013 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry specific factual information or existing policies–Councilmember, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski and Mayor Ri 13.EXECUTIVE SESSION The City Council reserves the right to meet in closed session onitem should the need arise and if applicable pursuant to authorization by Ti Texas Government Code. 14. RECONVENE into regular session and consider action, if any, on item(s) dis executive session. 15.ADJOURN **************************************************************** Council Agenda Item July22, 2013 15.ADJOURN ****************************************************************