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HomeMy WebLinkAbout08-25-14 Regular Meeting of La Porte City Council LOUIS R. RIGBYDARYL LEONARD MayorCouncilmember District 3Councilmember District 3 JOHN ZEMANEKTOMMY MOSER Councilmember At Large ACouncilmember At Large ACouncilmember District 4Councilmember District 4 DOTTIE KAMINSKIDOTTIE KAMINSKIJAY MARTIN Mayor Pro-TemCouncilmember District 5Councilmember District 5 Councilmember At Large BCouncilmember At Large B MIKE CLAUSEN Councilmember District 6Councilmember District 6 DANNY EARP Councilmember District 1Councilmember District 1 CHUCK ENGELKENCHUCK ENGELKEN Councilmember District 2Councilmember District 2 CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA   Notice is hereby given of a Regular Meeting of the La Porte City Council to be held August 25, 2014, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held August 25, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items.  All agenda items are subject to action.for the purpose of considering the following agenda items.  All agenda items are subject to action.   1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Dee Spears, Fairmont Park Church.The invocation will be given by Dee Spears, Fairmont Park Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Tommy Moser.The Pledge of Allegiance will be led by Councilmember Tommy Moser. 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE   4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS Recognition Recognition -- Retirement of Stephen Barr (Parks and Recreation Director) Retirement of Stephen Barr (Parks and Recreation Director) -- Mayor Rigby Mayor Rigby (a) (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.5.PUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTS 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended (a) agreement between the City of La Porte and the La Porte Livestock Show and Rodeo agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park - S. BarrBarr Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended (b) agreement between the City of La Porte and the La Porte Boy's Baseball Association agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of Designated Youth Baseball Facilities regarding the use of Designated Youth Baseball Facilities -- S. Barr S. Barr Consider approval or other action regarding installation of permanent window coverings at the Consider approval or other action regarding installation of permanent window coverings at the (c) P.D./E. O.C. Building; EMS Station; Municipal Court Building and Fire Stations 2,3, and 4 P.D./E. O.C. Building; EMS Station; Municipal Court Building and Fire Stations 2,3, and 4 - J. SuggsSuggs Consider approval or other action authorizing the City Manager to execute a contract with Consider approval or other action authorizing the City Manager to execute a contract with (d) Forde Construction Company Inc., in the amount of $577,477.00 for Street Overlay Project Forde Construction Company Inc., in the amount of $577,477.00 for Street Overlay Project - D. MickD. Mick Consider approval or other action to award Bid No. 14023 for Lift Station 39 Force Main Consider approval or other action to award Bid No. 14023 for Lift Station 39 Force Main (e) Replacement Replacement -- D. Mick D. Mick Consider approval or other action authorizing the Mayor to renew the operator's agreement Consider approval or other action authorizing the Mayor to renew the operator's agreement (f) between the City of La Porte and the La Porte Area Water Authority between the City of La Porte and the La Porte Area Water Authority -- D. Mick D. Mick Consider approval or other action of an ordinance authorizing the release of an eight (8) foot Consider approval or other action of an ordinance authorizing the release of an eight (8) foot (g) wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec 3 wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec 3 - T. TietjensTietjens 7.AUTHORIZATIONSAUTHORIZATIONS Consider approval or other action regarding an Ordinance authorizing and approving an Consider approval or other action regarding an Ordinance authorizing and approving an (a) amendment to Chapter 6 of the La Porte Code of Ordinances to provide for variance amendment to Chapter 6 of the La Porte Code of Ordinances to provide for variance procedures for alcohol sales within 300 feet of schools; churches and hospitals procedures for alcohol sales within 300 feet of schools; churches and hospitals -- T. Tietjens T. Tietjens Consider approval or other action regarding an Ordinance authorizing a variance to Section 6Consider approval or other action regarding an Ordinance authorizing a variance to Section 6- (b) 2 of the Code of Ordinances by allowing the sale of alcoholic beverages for on2 of the Code of Ordinances by allowing the sale of alcoholic beverages for on-premises comcumption at Broadway Cafe, located at 1023 S. Broadway St. comcumption at Broadway Cafe, located at 1023 S. Broadway St. -- T. Tietjens T. Tietjens Consider approval or other action regarding an Ordinance authorizing and approving an Consider approval or other action regarding an Ordinance authorizing and approving an (c) amendment to Chapter 70, of the Code of Ordinances by establishing a speed limit of 45 MPH amendment to Chapter 70, of the Code of Ordinances by establishing a speed limit of 45 MPH along BS 146D from S. Broadway to SH 146 (Wharton Weems Boulevard), a distance of along BS 146D from S. Broadway to SH 146 (Wharton Weems Boulevard), a distance of approximately 0.672 miles approximately 0.672 miles -- B. Eng B. Eng 8.DISCUSSION OR OTHER ACTIONDISCUSSION OR OTHER ACTION Discussion or other action regarding appointing members to various City boards, Discussion or other action regarding appointing members to various City boards, (a) commissions and committees commissions and committees -- Mayor Rigby Mayor Rigby 9.REPORTSREPORTS Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken (a) 10.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS Labor Day Holiday Observed, Monday, September 1, 2014Labor Day Holiday Observed, Monday, September 1, 2014 • City Council Meeting, Monday, September 8, 2014City Council Meeting, Monday, September 8, 2014 • Fiscal Affairs Committee Meeting, Monday, September 22, 2014Fiscal Affairs Committee Meeting, Monday, September 22, 2014 • La Porte Development Corporation Board Meeting, Monday, September 22, 2014La Porte Development Corporation Board Meeting, Monday, September 22, 2014 • City Council Meeting, Monday, September 22, 2014City Council Meeting, Monday, September 22, 2014 • regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 11.COUNCIL COMMENTSCOUNCIL COMMENTS members, city employees, and upcoming events; inquiry of staff regarding specific factual information members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies or existing policies ––Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Councilmembers Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen, Martin, Moser and Mayor RigbyMartin, Moser and Mayor Rigby   12.ADJOURNADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws).Code (the Texas open meetings laws). In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATIONCERTIFICATION I certify that a copy of the August 25, 2014, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the August 25, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 19, 2014Hall bulletin board on August 19, 2014   Council Agenda Item Council Agenda Item August 25, 2014 August 25, 2014 1.CALL TO ORDERCALL TO ORDER ––The invocation will be given by Dee Spears, Fairmont Park Church.The invocation will be given by Dee Spears, Fairmont Park Church. 2.INVOCATIONINVOCATION   ––The Pledge of Allegiance will be led by Councilmember Tommy The Pledge of Allegiance will be led by Councilmember Tommy 3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE Moser.Moser.   4.PRESENTATIONS, PROCLAMATION, and RECOGNITIONSPRESENTATIONS, PROCLAMATION, and RECOGNITIONS Recognition Recognition -- Retirement of Stephen Barr (Parks and Recreation Director) Retirement of Stephen Barr (Parks and Recreation Director) -- Mayor Rigby Mayor Rigby (a) (Limited to five minutes per person.) (Limited to five minutes per person.) 5.PUBLIC COMMENTSPUBLIC COMMENTS ****************************************************************** ****************************************************************** Council Agenda Item Council Agenda Item August 25, 2014 August 25, 2014 6.CONSENT AGENDACONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by (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 one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.)removed and considered separately.) Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended (a) agreement between the City of La Porte and the La Porte Livestock Show and Rodeo agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park - S. BarrBarr Consider approval or other action authorizing the City Manager to execute an amended Consider approval or other action authorizing the City Manager to execute an amended (b) agreement between the City of La Porte and the La Porte Boy's Baseball Association agreement between the City of La Porte and the La Porte Boy's Baseball Association regarding the use of Designated Youth Baseball Facilities regarding the use of Designated Youth Baseball Facilities -- S. Barr S. Barr Consider approval or other action regarding installation of permanent window coverings at the Consider approval or other action regarding installation of permanent window coverings at the Consider approval or other action regarding installation of permanent window coverings at the Consider approval or other action regarding installation of permanent window coverings at the (c)(c) P.D./E. O.C. Building; EMS Station; Municipal Court Building and Fire Stations 2,3, and 4 P.D./E. O.C. Building; EMS Station; Municipal Court Building and Fire Stations 2,3, and 4 - J. SuggsSuggs Consider approval or other action authorizing the City Manager to execute a contract with Consider approval or other action authorizing the City Manager to execute a contract with (d) Forde Construction Company Inc., in the amount of $577,477.00 for Street Overlay Project Forde Construction Company Inc., in the amount of $577,477.00 for Street Overlay Project - D. MickD. Mick Consider approval or other action to award Bid No. 14023 for Lift Station 39 Force Main Consider approval or other action to award Bid No. 14023 for Lift Station 39 Force Main (e) Replacement Replacement -- D. Mick D. Mick Consider approval or other action authorizing the Mayor to renew the operator's agreement Consider approval or other action authorizing the Mayor to renew the operator's agreement (f) between the City of La Porte and the La Porte Area Water Authority between the City of La Porte and the La Porte Area Water Authority -- D. Mick D. Mick Consider approval or other action of an ordinance authorizing the release of an eight (8) foot Consider approval or other action of an ordinance authorizing the release of an eight (8) foot (g) wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec 3 wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec 3 - T. TietjensTietjens ****************************************************************** ****************************************************************** REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: S. Barr S. Barr Requested By: Account Number:Account Number: Parks & Recreation Parks & Recreation Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Proposed Agreement1. Proposed Agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS With the improvements that have recently been made at Lomax Park, the existing Agreement with the La Porte With the improvements that have recently been made at Lomax Park, the existing Agreement with the La Porte Livestock Show and Rodeo Association no longer fits the operation of the facility.   Staff has met with the Livestock Show and Rodeo Association no longer fits the operation of the facility.   Staff has met with the Association Board and a revised Agreement has been developed that better fits the operations of the expanded Association Board and a revised Agreement has been developed that better fits the operations of the expanded facilities. The proposed agreement brings the operation of the facilities in line with the CityThe proposed agreement brings the operation of the facilities in line with the City’’s agreements with its other s agreements with its other sports associations, by giving the Association control over the use of the facility for organized use, including sports associations, by giving the Association control over the use of the facility for organized use, including rentals.  The Rodeo Arena will still be available for Open Riding use by the public, when there are no organized rentals.  The Rodeo Arena will still be available for Open Riding use by the public, when there are no organized events scheduled. Proposed changes to the agreement are shown in the attached agreement in green.events scheduled. Proposed changes to the agreement are shown in the attached agreement in green.    The AssociationThe Association’’s mission is to provide recreational activities, funding for scholarships and for La Porte youth s mission is to provide recreational activities, funding for scholarships and for La Porte youth through special events and fundraisers. The realignment of the operations will allow the Association to generate through special events and fundraisers. The realignment of the operations will allow the Association to generate additional funds to help meet those missions. The revised agreement will also provide for financial safeguards additional funds to help meet those missions. The revised agreement will also provide for financial safeguards through annual reporting as is required by the other sports associations. The revised agreement provides for a 10 through annual reporting as is required by the other sports associations. The revised agreement provides for a 10 year term with two additional 5 year extensions, effectively increasing the life of the existing agreement by 10 year term with two additional 5 year extensions, effectively increasing the life of the existing agreement by 10 years. A summary of the proposed changes in the revised agreement are as follows:A summary of the proposed changes in the revised agreement are as follows:   1.LPLSRA to control reservations and rental operations of the Rodeo Arena and Support BuildingsLPLSRA to control reservations and rental operations of the Rodeo Arena and Support Buildings 2.LPLSRA to operate concessions facility, with revenues going to the AssociationLPLSRA to operate concessions facility, with revenues going to the Association 3.Association to accept responsibility for repair, maintenance, and replacement of pens, fencing, and chutes in Association to accept responsibility for repair, maintenance, and replacement of pens, fencing, and chutes in the Arena interiorthe Arena interior 4.Agreement extended for 10 yearsAgreement extended for 10 years 5.LPLSRA to provide financial statements to the City as required by other AssociationsLPLSRA to provide financial statements to the City as required by other Associations Staff recommends that the agreement be amended as presented.Staff recommends that the agreement be amended as presented. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute an amended agreement between the Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo City of La Porte and the La Porte Livestock Show and Rodeo Association regarding the use of Designated Rodeo Arena and Facilities at Lomax Park.Arena and Facilities at Lomax Park. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS AND THE LA PORTE LIVESTOCK SHOW AND RODEO ASSOCIATION REGARDING THE USE OF DESIGNATED RODEO ARENA AND FACILITIES AT LOMAX PARK WHEREAS, the City of La Porte, Texas a Rodeo Arena and associated facilities at Lomax Park, as part of the parks and recreational facilities of the community; and WHEREAS, the La Porte Livestock Show and Rodeo provided the organization of youth livestock and rodeo events programs and scholarships for the youth of La Porte for many years, Rodeo Arena with an initial contribution of funds in the amount of Forty Thousand Dollars and an additional Ten Thousand Dollars each year for ten years subsequent to the construction of said Arena, and has met its financial obligation to the City in full for the construction of the original covered Arena, and WHEREAS, the Association has continued to contribute funds and innumerable hours of labor for special projects, facilities, and amenities throughout the years particularly related to the construction of the newly completed covered Rodeo Arena and associated amenities and facilities owned by the City; and WHEREAS, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community, its support, and funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City will provide limited use of the Rodeo Arena and associated facilities, to this Agreement and which is attached hereto and incorporated by reference, to the Association for conduct of its youth programs, fund raising events and programs, during the period this Agreement is in effect, as provided herein. The City reserves the right to schedule programs and events in conjunction with recreational needs as well as private rentals for days unused by the Association, as set out in Section II, Paragraph 3, of this Agreement. Use of the Arena and associated facilities by the Association is limited to Monday through Sunday, from 5:00am until 11:00pm each day, as the standard hours of operation for the entire Lomax Park. . events that utilize the Rodeo Arena, pens, chutes and other equipment and supplies involving manipulation and control of animals in the Rodeo Arena environment. Extension of operational hours for Special Events scheduled at the Rodeo Arena and associated facilities, will be authorized by written permission provided by the Director of Parks & Recreation or his/her designated representative II. Except for maintenance of interior Arena fencing, pens, and chutes associated with the operations of the Rodeo Arena as set out herein, the City will assume responsibility for maintenance and repair of exterior Page 1 of 9 fencing, parking lots, sidewalks, turf areas, at the facilities listed in Exhibit A, and the remainder of Lomax Park. The City has purchased the majority of the new fencing, pens, and chutes that are included in and around the Arena; however, the Association will be responsible for maintenance and replacement of all fencing and pens in the Rodeo Arena area either existing or in the future, including those purchased by the City. The Association agrees to the use of the Rodeo Arena fencing and pens by the general public during Open Use periods and by private parties using the Rodeo Arena on a rental basis. The Association will manage all operations related to facility and grounds maintenance at the facilities designated in Exhibit A, except for specific events in which the Association requests special grounds maintenance, at which time the City and Association will work together to produce the conditions necessary for a successful event. The City reserves the right to close any or all of the facilities set maintenance purposes, for inclement weather, or other reasonable cause. The City and included as a part of this Agreement, to the Association to operate said Rodeo Arena and facilities for the conduct of its fundraising events, youth recreation and training events, and rentals to third parties on a year round basis, for each year that this Agreement is in effect. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting said events and rentals at the Rodeo Arena facilities listed in Exhibit A. Such scheduled events that are scheduled shall be posted on the bulletin board on the east side of the Support Building wall at least one (1) week in advance of the event, so as to notify the public for Open Riding, as described elsewhere in this agreement. The City reserves the right to close the facilities fields for maintenance purposes, for inclement weather, or other reasonable cause. The Association agrees to allow the City up to 30 dates per year for use by the City to provide special recreation programming, concerts, and other events that are in the public interest to be hosted at the Rodeo Arena and associated facilities . These City dates, booked by January 15th each year, will include no more than fifteen (15) of those dates scheduled on Saturdays. The balance of free days may involve any day of the week other than Saturday. Should the City dates not be booked by January 15th each year, the dates will then be booked by either the City or the Association Should the City wish to utilize the Arena on dates other than the specified thirty days, they may do so at the daily rate established for other rentals, provided no rental has been accepted for that date. The Association is allowed to rent the facility to third parties for any days during the year and all revenues produced by such facility rental operations shall belong to the Association. The Association is allowed to set up a Deposit Charge to pay for potential damages to the facility as a result of said rental. Such charge for Deposit conditions are not met, the Association may keep some or all of the Deposit amount to cover the damage or cost to repair or clean, as determined by the Association representative. The City and Association will agree on a fair and equitable Deposit for the use the portions of the facility to be rented, which agreement must be in writing. Furthermore, neither the City or the Association shall change the Deposit rate to be charged, without specific written agreement signed by both parties. The Association will organize and prepare the official schedule for dates requested by the City, for dates reserved for Association use, and dates for rentals to third parties. Revenues generated by said rentals must be used to further the mission of the Association to provide either directly or indirectly to youth programming, youth scholarships, or other activity Page 2 of 9 conducive to youth recreational benefits for the community. All pertinent City, County and State rules, laws, regulations are to be followed, specifically including procedures/permits for deposits, security, insurance, alcohol use and any other. Security for facility Rentals requiring alcohol must be scheduled n according to the Agreement between the City and the The City has also provided restroom, storage, and concession facilities, a maintenance storage area, a Meeting Room, and a satellite storage building, as listed in Exhibit A. The restroom, storage, Meeting Room, concession facilities, the satellite storage building with storage accommodations for the Association, and any permanent attachments to said facilities, are the property of the City. The City has also provided electrical connections in various locations at the Arena and satellite locations in the parking areas of the Arena. These electrical connections are for use during special events only and are not to be used as a recreational vehicle site. The City and Association will agree on a fair and equitable charge for the use of the electrical connections for special event use, which agreement must be in writing. Furthermore, neither the City or the Association shall change the rates to be charged, without specific written agreement signed by both parties. The City agrees to maintain utility service to the concession/restroom, and storage , electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The Meeting Room is available for use by the Association for their monthly Board Meetings and such meetings shall not count as one of the 30 rental days described herein. The Meeting Room will also be made available to the other recognized youth sports associations sharing agreements with the City. No charge or rental fee shall be charged for use of the Meeting Room for this purpose by either the Association or the City. Use of the Meeting Room to be coordinated through the Parks & Recreation Office so as not to conflict with other planned use of the facility as a whole. The exterior restroom portion of the facility is a shared facility for various uses at Lomax Park and is the property of the City. The City will provide daily weekday custodial services for the exterior restroom facility and provide necessary supplies for the exterior restroom facility. Unless specifically marked, parking spaces Lomax Park are not reserved and are available on a first-come, first- served basis. Ill. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. The City has provided the basic equipment and appliances to furnish the concession facility; however the Association is responsible for maintaining, repairing and replacement of the furnished concession equipment henceforth through the term of this Agreement, including but not limited to the following: microwaves, refrigerators, ice machines, freezers, and all other electrical appliances and attachments used in association with the concession operations. The Association agrees to clean the concession portion of the facility at its expense. The Association agrees to clean the interior restroom facilities at its expense including Association rentals particularly including Special Events such as the Spring Cook-off, etc., to assure that the restrooms are clean and operable. All revenues produced by concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, and conduct of all its activities at the provided facilities . Page 3 of 9 IV. The Association shall have the non-exclusive right to sell advertisements, with prior approval of the City, within the confines of the Arena. All proceeds from such sales will belong to the Association. All advertisements will be constructed in accordance with the standards developed by the City and the Association regarding dimensions, materials and locations. The City reserves the right to refuse advertisements which conflict with City policies. The City reserves the right, at the City's sole discretion, to remove any advertisements that are not adequately maintained or fail to meet the requirements of City ordinances and/or sign regulations. The City's lessees, other than the Association, shall have the right to erect temporary signs for their events which temporary signs shall not cover the Association's signs All revenues generated by the advertising boards shall be the property of the Association. V. Permits for alcoholic beverage sales will be governed by applicable State law and prevailing City ordinances. Alcohol sales and consumption will be confined to the area designated by the City but to generally include only the Arena and the areas used for special functions held in conjunction with the rental of the Arena. No alcoholic beverages will be permitted to be carried out of that designated area. All applicable state and local regulations regarding the sale and consumption of alcoholic beverages will be strictly observed. Glass beverage bottles are prohibited from use at Lomax Park due to the danger to livestock. VI. Use of the Rodeo Arena by the public (Open Riding) will be limited by the following conditions: (a) Open Riding is allowed during operating hours of Lomax Park, established as 5:00 am until 11:00 pm daily, provided that no rental or other scheduled event, either by the City or by the Association has been scheduled. (b) Open Riding is not allowed either before a scheduled event, or after a scheduled event if such riding, at the discretion of the rental agent (the City or the Association) would interfere with the setup or cleanup of said event. (c) Open Riding and specific uses of the Arena for training or practice of rodeo events including but not limited to team roping, barrel racing, bronco riding, bull riding, which require special equipment or preparation shall be limited to one hour, if others are waiting to use the facility. Anticipated use of the Arena for these type events or similar events that require extended special preparation or equipment that will take longer than an hour to complete, should either be scheduled at times when there is no anticipated Open Riding, or the user should plan to rent the facility. VII. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. Page 4 of 9 The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than Two Million Dollars ($2,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude parti scheduled or unscheduled activities at the facilities, including third party rentals. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage prior to execution of this Agreement. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. Rentals for Rough Stock Events will require a Rough Stock Rider policy with limits of liability of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence to be provided in addition, by the Renter with the City of La Porte . The Association shall furnish the City with a Certificate of Insurance evidencing such coverage by the Renter for Rough Stock Events, prior to the event. IX. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. X. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. XI. This Agreement shall remain in effect for a term of Ten (10) ich primary term shall commence upon the execution of this Agreement by both parties thereto. At the end of the primary term of this Agreement, both the City and the Association have the option to continue the Agreement for two (2) additional five (5) year terms. Such option shall be executed in writing by the President of the Association and the City Manager or his designee, no later than 30 days before the expiration of the primary term. Should Page 5 of 9 either party choose not to exercise their option, the agreement shall terminate automatically at the end of the primary term. During the term of this Agreement, the Association and the City may enter into separate agreements regarding future capital improvement projects or other riding or rodeo facilities that may be contemplated in the City. XII. Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall be hand-delivered to the addresses set out below, or shall have been deposited, duly registered or certified, return receipt requested, in the United States Post Office addressed to the other party at the following addresses: To CITY: City of La Porte, Texas Attention: Parks & Recreation Director 1322 South Broadway La Porte, Texas 77571-5306 To Association: La Porte Livestock Show & Rodeo Association Attention: President P.O. Box 445 La Porte, Texas 77572-0445 The Association shall maintain a favorable financial position during the term of this Agreement. The omprised of a agreed to by the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. The Association has indicated that its fiscal year begins on July 1st and ends on June 30th of each calendar year. al Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or arrangements to in Default. XIII. Nothing herein shall be construed as creating any personal liability on any part of any officer, employee or agent of the City. The Parties agree that no provision of this Agreement is in any way Page 6 of 9 intended to constitute a waiver of any immunities from suit orliabilitythatthe Cityhas or may have by operation of law. The Parties further agree that no provision of this Agreement extends the liability of the City beyond the liability provided in the Texas Constitution and the laws of the State of Texas, including the Texas Tort Claims Act. Neither the execution of this Agreement nor any other conduct of CITY relating to this Agreement shall be considered a waiver of any right or defense under the Texas Constitution or the laws of the State of Texas, including the Texas Tort Claims Act. XIV. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Page 7 of 9 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the th day of , 2014 by its City Manager and attested by its City Secretary, pursuant to affirmative vote of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the th day of , 2014 by its President and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Livestock Show and Rodeo Association, authorizing such execution. CITY OF LA PORTE, TEXAS By: Corby D. Alexander, City Manager ATTEST: Patrice Fogarty, City Secretary LA PORTE LIVESTOCK SHOW & RODEO ASSOCIATION By: Ricky Dean, President ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 8 of 9 EXHIBIT A The Rodeo Arena and associated facilities designated herein are located at Lomax Park, 1508 Lomax School Road, in La Porte, Texas, and are identified as follows: FACILITIES Covered Rodeo Arena is located directly northwest of the Lomax Water Tower Animal Wash Rack is located under the Arena cover, in the northwest corner adjacent to the Rodeo Arena is located under the Arena cover on the north end of the Arena, to the east of the Animal Wash Rack. Arena Watering Station is located under the Arena cover on the north end of the Arena, just west of the Support Building is attached to the southwest corner of the Covered Arena and contains a Meeting Room, a Storage Room, Outside Access Restrooms, Inside Access Restrooms, and Concession Area. Storage Building is located directly on the northwest corner of the Lomax Water Tower, inside the security fence. This facility is divided into two sections, one section for the exclusive use of the Association and one section for the exclusive use of the City. Note: The Lomax Water Tower is separate from this agreement and is not a part of this agreement. It is mentioned herein as a reference point. Page 9 of 9 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A S. Barr S. Barr Source of Funds:Source of Funds: Requested By: N/A N/A Parks & Recreation Parks & Recreation Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Proposed Agreement1. Proposed Agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The La Porte BoyThe La Porte Boy’’s Baseball Association is requesting the use of Fairmont Park Practice Fields for use during the s Baseball Association is requesting the use of Fairmont Park Practice Fields for use during the Association’s Sunday Fall League series to take care of overflow league games that cans Sunday Fall League series to take care of overflow league games that can’’t be played at the Pecan t be played at the Pecan Park fields. This proposed use is not covered under the existing agreement so it needs to be amended to allow this Park fields. This proposed use is not covered under the existing agreement so it needs to be amended to allow this special use.  Proposed changes to the agreement are shown in the agreement in green. Proposed changes to the agreement are shown in the agreement in green.  Highlights of the proposed changes are: Highlights of the proposed changes are: 1.A maximum of eight Sundays are to be used for this purpose and the City must be notified 30 days prior to A maximum of eight Sundays are to be used for this purpose and the City must be notified 30 days prior to the first use.the first use.the first use.the first use. 2.The Association is responsible for preparation, cleanup, litter removal, restroom cleaning, supplies and The Association is responsible for preparation, cleanup, litter removal, restroom cleaning, supplies and materials necessary to accomplish this series of events.materials necessary to accomplish this series of events. 3.The Financial section of the agreement is adjusted to reflect the actual documentation that is provided by The Financial section of the agreement is adjusted to reflect the actual documentation that is provided by the Association to the City; an approved statement as approved by the Citythe Association to the City; an approved statement as approved by the City’’s Finance Department.s Finance Department. 4.Tournament/League games at Fairmont Park cannot begin before 7am or end after 8pm on Saturdays, nor Tournament/League games at Fairmont Park cannot begin before 7am or end after 8pm on Saturdays, nor begin before 9am or end after 6pm on Sundays.begin before 9am or end after 6pm on Sundays. 5.The advertising signage language has been adjusted to align with the CityThe advertising signage language has been adjusted to align with the City’’s offs off--premises Sign Ordinance.premises Sign Ordinance. The Association has over 50 teams from all over the Houston area that participate in this Fall League. The Association has over 50 teams from all over the Houston area that participate in this Fall League. These visitors have a big economic impact on the businesses in the areas around both Pecan Park and These visitors have a big economic impact on the businesses in the areas around both Pecan Park and Fairmont Park. Safeguards on time of use, and light use for these games should ensure that they have a Fairmont Park. Safeguards on time of use, and light use for these games should ensure that they have a minimal impact on the surrounding Fairmont community. minimal impact on the surrounding Fairmont community.  Staff recommends that the agreement be amended as presented.Staff recommends that the agreement be amended as presented. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute an amended agreement between the Consider approval or other action authorizing the City Manager to execute an amended agreement between the City of La Porte and the La Porte BoyCity of La Porte and the La Porte Boy’’s Baseball Association regarding the use of Designated Youth Baseball s Baseball Association regarding the use of Designated Youth Baseball Facilities.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AMENDED AGREEMENT BETWEEN THE CITY OF LA PORTE REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES facilities as part of the parks and recreational facilities of the community; and provided the organization of youth baseball teams, conducted instructional league and tournament play for the youth of La Porte for many years, and has contributed funds in past years, which funds have been matched by the City, toward the construction of various amenities and facilities at the various youth baseball facilities owned by the City; and Because, the City wishes to recognize and commend the Association for its contributions to youth recreation and health in the community, its support, and funding that has been provided by the Association; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. and herein as if set out herein verbatim, and included as a part of this Agreement, to the Association for conduct of its league games, practice games, league/team practices, tournament games, and league playoff games from the first week in February through the last weekend in December for each year that this Agreement is in effect. Use is limited to Monday through Sunday, from 7:00am until 11:00pm each day for Pecan Park, and 7:00am until 9:00pm for practice at Fairmont Park. The Association shall have exclusive right and responsibility for scheduling, organizing and conducting youth baseball league games, practice games, league/team practices, tournament games, and league playoff games at the youth baseball facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonable cause. The fields at Fairmont Park are now designated primarily for practice use. Any scheduled tournament games to be held at Fairmont Park will require the written permission of the Director of Parks & Recreation or his/her designee, and such approval shall not be unreasonably withheld. The Association will schedule no more than four tournaments annually that utilize the practice fields at Fairmont Park. No tournament games at Fairmont Park may be scheduled to begin before 7:00am, nor end after 8:00pm on Saturday; and no tournament or league games may be scheduled to begin before 9:00am, nor end after 6:00pm on Sunday. Page 1 of 8 II. The City will assume limited responsibility for maintenance of all structures located on City property at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, dragging, watering and other field preparation as set out herein, the City will assume responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be responsible for routine marking, dragging, and other field preparation as necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. The City has also provided an open air pavilion containing restroom, storage, and concession facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession facilities, the Maintenance facility for City use with designated storage area for the Association, the satellite storage building, and any permanent attachments to said facilities, are the property of the City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession booth. It will be available for tournament or practice use by the Association for portable food and drink service only. Except as set out herein in Paragraph 3 below, the City a including, electrical, plumbing, roofing, and other systems that contribute to their safe and efficient operation. The restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park and is the property of the City. The City will provide daily weekday custodial services for the restroom facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served basis. Ill. The Association agrees to operate the concession facility exclusively and to provide materials, equipment, supplies, and personnel necessary for operation. Further, the Association is responsible for furnishing equipment for the batting cages and concession stands at the youth baseball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages and maintenance inside and around the batting cages. The Association agrees to clean the restroom facilities at its expense particularly including tournament use, to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion of the facility at its expense. All revenues produced by batting cages and concession operations shall belong to the Association. The Association is responsible for meeting all applicable laws, ordinances, and codes regarding the following: sales tax, safety, and any other issue relative to concession operations, batting cage operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property. In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified herein, the Association the Fairmont Park fields for overflow league games if needed. Association must provide the dates of the days Page 2 of 8 to be used for the overflow league games to the City at least thirty (30) day prior to commencement of the league. Rainout days will be allowed provided that notice is given of the rainouts as they occur. The Association agrees to provide all field preparation necessary to conduct said league games. Further, the Association agrees to remove all litter and trash associated with the league games and deposit them off-site. The Association agrees to clean and stock restrooms at its expense for the league games. The City agrees to provide its standard level of maintenance for the league games, any maintenance over and above those responsibilities identified herein, will be the responsibility of the Association for the league games. IV. The Association is granted the right to solicit advertising boards for the outfield fencing at the ten baseball than one fence panel in length (10 feet), and no more than five signs per field. The City reserves the right to review and approve potential advertisers and sign content prior to installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields #1, #8, #9 and #10. All revenues generated by the advertising boards shall be the property of the Association. V. Batting cages shall not be open for use by the general public by the Association under any circumstances, unless the City gives its prior written permission, which permission shall not be unreasonably withheld. In any event, if the Association receives permission to open said batting cages to the public, such use shall be under the strict supervision of the Association. All provisions herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of other baseball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public shall have the right to usethe various youth baseball facilities for pickup games at any time during park operating hours, except when the City is conducting maintenance or construction at the various facilities; and (b) During the period covered by this Agreement, the public shall have the right to play pickup youth baseball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Prepared for such games (Special Preparation shall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). Page 3 of 8 VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from be asserted against or incurred by the City arising, directly or indirectly, from any activities conducted or services performed by the Association under this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the Association. VII. The City shall indemnify and hold harmless the Association, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, be asserted against or incurred by the Association arising, directly or indirectly from any activities conducted or services performed by the City pursuant to this agreement, or from any event occurring on the premises owned by the City during any period in which activities are being performed, conducted, or sponsored on the premises by the City. VIII. The Association shall keep and maintain during the term of this agreement, a comprehensive general liability policy, with the City named as Additional Named Insured, with limits of liability of not less than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30) days prior notice of policy scheduled or unscheduled activities at the facilities. Other policy exclusions are permissible, provided that they do not contradict the terms of this Agreement. The Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. IX. The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or any part, to any person, partnership, company, corporation, club or association without prior written consent of the City of La Porte. X. This instrument contains the entire Agreement between the parties relating to the rights granted in the Agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this Agreement shall have no force or effect unless modified in writing, and signed by each party to Page 4 of 8 the Agreement. XI. This Agreement shall be in force for a period of five (5) years, beginning with the date of its execution. At the end of the term of the agreement, both the City and the Association have the option to continue the agreement for an additional five (5) year term. Such option shall be executed in writing by the President of the Association and the City Manager or his designee. Should either party choose not to exercise their option, the agreement shall be considered to be at an end. During the term of this agreement, the Association and baseball facilities that may be contemplated in the City. XII. The Association shall maintain a favorable financial position during the term of this Agreement. The ised of the City and the Association along with supporting documentation. The City reserves the right to review the internal financial control structure of the Association and to perform other audit steps as necessary to protect its interests. after the end of each fiscal year. Failure to provide requested financial information within the prescribed time limit will prompt a formal notification from the City to the Association of that the agreement is in Danger of Default and a request for satisfaction of the requirement within an additional fifteen (15) days from the date of official notification. If the requirement for financial statement submission is not met by that time, or in Default. XIII. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect the remaining portions of this Agreement. Page 5 of 8 IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to have the effect of an original as follows: (A) It has been executed on behalf of the City on the th day of August, 2014 by its City Manager and attested by its City Secretary, pursuant to affirmative vote of the City Council of the City of La Porte, authorizing such execution; and (B) It has been executed on behalf the Association on the th day of August, 2014 by its President and attested by its Secretary, authorizing such execution. CITY OF LA PORTE By: Corby D. Alexander, City Manager ATTEST: Patrice Fogarty, City Secretary ASSOCIATION By: Dean Bieber, President ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 6 of 8 EXHIBIT A The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows: PECAN PARK FACILITIES Field #1 is the northernmost baseball field at the park, located on the northeast corner of the park; bounded on the north by the Pecan Plantation Mobile Home Park, on the east by Canada Road, and on the west, by Field #2. Field #2 is located immediately west of Field #1, east of Field #3, and to the northeast of the Maintenance Facility. Field #3 is located immediately west of Field #2, north of Field #4, and to the northwest of the Maintenance Facility. Field #4 is located immediately south of Field #3, north of Field #5, and to the southwest of the Maintenance Facility. Field #5 is located immediately south of Field #4, north of Field #6, and directly west of the Pavilion. Field #6 is located immediately south of Field #5, north of Field #7, and to the southwest of the Pavilion. Field #7 is located immediately south of Field #6, directly west of Field #8, in the southwest corner of the park. Field #8 is located immediately east of Field #7, and south of Field #9, and directly west of Canada Road. Field #9 is located north of Field #8, and southwest of Field #10, southeast of the Pavilion, and directly west of Canada Road. Field #10 is located directly east of Canada Road, northeast of Field #9, and south of Field #1, southeast of the Pavilion, and directly west of Canada Road. Pavilion/Concession /Restrooms are located northwest of Field #10, southwest of Field #9. Facility Maintenance Storage Area is located southwest of Field #2, southeast of Field #3, and northeast of Field #4. Satellite Storage Building is located diagonally between and north of Fields #7 & #8, and to the southeast Page 7 of 8 of Field #6. Batting Cages are located directly east of Field #8, directly east of Canada Road, on the southeast corner of the park. FAIRMONT PARK PRACTICE FACILITIES Field #1 is the southernmost baseball field at the park, located on the southwest corner of the park; bounded on the west by Harris County Flood Control District ditch; on the south by the vehicle parking lot off Farrington; on the east by Field #2; and on the north by Field #3. Field #2 is located immediately east of Field #1, and southeast of the Concession/Restroom building. Field #3 is located immediately north of Field #1, and northwest of the Concession/Restroom building. Field #4 is located immediately east of Field #3, and northeast of the Concession/Restroom building. Concession/Restroom Building is located in the center of the cloverleaf formed by Fields #1 -4. Storage Area is located east of the Concession/Restroom building, outside the cloverleaf formed by Fields #1-4. Page 8 of 8 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: CIP Project #656 CIP Project #656 J. Suggs J. Suggs Source of Funds:Source of Funds: Requested By: CIP 0159892656 CIP 0159892656 Emergency Services Emergency Services Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $134,774.00 $134,774.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Quote1. Quote 2. GSA Contract Summary2. GSA Contract Summary 3. Exeter Products Brochure3. Exeter Products Brochure 4. Overall Project Summary as of July4. Overall Project Summary as of July SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS In September 2012, the Office of Emergency Management presented an overview of the CityIn September 2012, the Office of Emergency Management presented an overview of the City’’s hurricane s hurricane operations to City Council. The presentation identified several mitigation opportunities to improve the Cityoperations to City Council. The presentation identified several mitigation opportunities to improve the City’’s s response and recovery capabilities, such as installation of additional generators, a cell site at the Police Department response and recovery capabilities, such as installation of additional generators, a cell site at the Police Department and installation of permanent protective window coverings at City Hall and other City owned buildings. Council and installation of permanent protective window coverings at City Hall and other City owned buildings. Council authorized $1.3 million in the FY 14 budget package for these projects, which included $120,000.00 for protective authorized $1.3 million in the FY 14 budget package for these projects, which included $120,000.00 for protective window coverings at City Hall.window coverings at City Hall.  These current projects are completed or nearing completion. On April 14, 2014, Council requested that an updated  These current projects are completed or nearing completion. On April 14, 2014, Council requested that an updated report be provided in the Fall of this year to address the potential for adding additional window screen protection at report be provided in the Fall of this year to address the potential for adding additional window screen protection at public safety buildings, as well as switch gear to lift stations. The current projects have come in under budget and public safety buildings, as well as switch gear to lift stations. The current projects have come in under budget and there are remaining funds to move forward with both of these projects, based on staffthere are remaining funds to move forward with both of these projects, based on staffthere are remaining funds to move forward with both of these projects, based on staffthere are remaining funds to move forward with both of these projects, based on staff’’’’s current cost estimates.    s current cost estimates.    s current cost estimates.    s current cost estimates.      At this time, staff is prepared to move forward with the protective window screens.  The proposed window  At this time, staff is prepared to move forward with the protective window screens.  The proposed window coverings would be installed at the PD/EOC, Fire Stations 2, 3 and 4, the EMS Station and Municipal Court coverings would be installed at the PD/EOC, Fire Stations 2, 3 and 4, the EMS Station and Municipal Court building, all of which are critical infrastructure locations, to protect windows from damage during a storm or other building, all of which are critical infrastructure locations, to protect windows from damage during a storm or other event.  In addition, the coverings serve as solar screens that could potentially cut energy costs.event.  In addition, the coverings serve as solar screens that could potentially cut energy costs.  The City received a quote from Exeter Architectural Products in the amount of $134,774.00 to install the window  The City received a quote from Exeter Architectural Products in the amount of $134,774.00 to install the window coverings at these other strategic locations.  Exeter has a contract with the GSAcoverings at these other strategic locations.  Exeter has a contract with the GSA’’s Disaster Purchasing Program s Disaster Purchasing Program (#GS-07F-0224L), which allows State and local governments to buy supplies and services to facilitate disaster 0224L), which allows State and local governments to buy supplies and services to facilitate disaster preparation and response.  The City proposes purchasing the window coverings utilizing this GSA contract.preparation and response.  The City proposes purchasing the window coverings utilizing this GSA contract. Action Required of Council:Action Required of Council: Consider approval or other action for installation of permanent window coverings at the aforementioned public Consider approval or other action for installation of permanent window coverings at the aforementioned public safety buildings.safety buildings. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate GSA eLibrary Contractor Information GSA Federal Acquisition Service Search: all the words allthewords (Vendors) How to change your company information Contract #:GS-07F-0224L Socio-Economic : Small business Contractor:EXETER ARCHITECTURAL PRODUCTS EPLS : Contractor not found on Address:243 W 8TH ST the Excluded Parties List WYOMING, PA 18644-1609 System Phone:(772)283-9050 Govt. Point of Contact: RUTH A. POWELL E-Mail:njmsshb@bellsouth.net Phone: 817-850-8214 Web Address:http://www.stormshield.net E-Mail: ruth.powell@gsa.gov DUNS:609589619 NAICS:321911 Contract Clauses/Exceptions: View the specifics for this contract Contractor ContractT&CsContract End SourceTitleNumber/PricelistDateCategoryView Catalog 56 BUILDINGS AND BUILDING MATERIALS/INDUSTRIALGS-07F-0224LMay 10, 2016 563 23 SERVICES AND SUPPLIES http://www.gsaelibrary.gsa.gov/...mber=GS-07F-0224L&contractorName=EXETER+ARCHITECTURAL+PRODUCTS&executeQuery=NO\[4/2/2014 10:34:04 AM\] CITY OF LA PORTE GENERATORS TO IMPROVE RESIDENT RETURN TIME AND/OR SERVICE CURRENT COSTS AND ESTIMATE NAMEADDRESSGENERATOR?ORIGINAL VALUEREVISED EST. VALUE ЋЉЊЍ 2013 actual bold Additional Emergency Power Equipment Needed to Improve Likelyhood of Resident Return Time at 24-hours or Less Ћ aƚĬźƌĻ DĻƓĻƩğƷƚƩƭЋЍЉ ǝ Ќ Ʀŷ ЌЎ ƉǞЋЉЉЉЉЉ$44,390 CźǣĻķ ƓğƷǒƩğƌ ŭğƭ ŭĻƓĻƩğƷƚƩ\[{ ЌЊЊЋЎ ƉǞЊЋЉЉЉЉυЊЉВͲЎВЊ ŭĻƓĻƩğƷƚƩ ĭƚƓƓĻĭƷźƚƓ \[{ ЊЍЌЉЉЉЉυЊЏͲВАБ ŭĻƓĻƩğƷƚƩ ĭƚƓƓĻĭƷźƚƓ \[{ ЌВЌЉЉЉЉυБЏͲЋЊЌ ŭĻƓ ĭğĬƌĻƭ ЋЍЉΉЍБЉ ǝƚƌƷ ğƒƦЊЉЉЉЉ /ğĬƌĻƭ ƭƒğƌƌ ŭĻƓ ε ƦǒƒƦƭЏЉЉЉυЋЋͲЋАЎ ‘ğƭƷĻǞğƷĻƩ ƩĻğƷƒĻƓƷ tƌğƓƷЊЋЎЉ Y‘ЋЉЉЉЉЉυВЎБͲЍЏВ 5ĻƭźŭƓ \[{ ЌЊͲ ЊЍͲ ЌВЉ$26,750 CźǣĻķ bğƷǒƩğƌ Dğƭ DĻƓĻƩğƷƚƩ‘t Ѝ ƚƩ ‘t θ IźƌƌƩźķŭĻЊЎЉЉЉЉυЉ {ǞźƷĭŷŭĻğƩ ķĻƭźŭƓ ğƓķ źƓƭƷğƌƌ\[{ ЊЎ It ğƓķ ǒƓķĻƩЌЎЉЉЉυЊЍЊͲЎЉЉ Subtotal Cost АБЊЉЉЉυЊͲЍЉЏͲЊЏЏ Other Emergency Power Equipment Needed to Improve Service to Residents After a Significant Disaster t5 ƌƚğķ ƭƷǒķǤ ε ƒƚķźŅźĭğƷźƚƓƭЋЉЉЉЉ Њ Ώ ķźĻƭĻƌ ĬǤ Ʀğƭƭ ƷƩğźƌĻƩ ƦǒƒƦƭЎЍͲЉЉЉ 22,800 Subtotal Cost ЎЍЉЉЉЍЋͲБЉЉ t9w ‘‘tͲ /źƷǤ IğƌƌͲ t5 8,196 CźƓğƌ 5ĻƭźŭƓ ‘‘tͲ /źƷǤ ŷğƌƌͲ t5 119,825 9ƒƦƌƚǤĻĻ 9ƒĻƩŭĻƓĭǤ wĻĭƚǝĻƩǤ {ŷĻƌƷĻƩ Ʒƚ ƩĻΏĬźķЊБЉ Y‘ЏЉЉЉЉ 35,450 /źƷǤ Iğƌƌ DĻƓĻƩğƷƚƩЏЉЍ ‘͵ CğźƩƒƚƓƷ tƉǞǤЋЎЉЉЉЉ 260,169 5ĻĭƚƩğƷźǝĻ {ĭƩĻĻƓźƓŭ Ώ /źƷǤ Iğƌƌ DĻƓĻƩğƷƚƩЍЉͲЉЉЉ t5Ή9h/ 93,554 /Ļƌƌ {źƷĻ ğƷ t5 40,220 ‘źƓķƚǞ ƩĻğƷƒĻƓƷƭ ğƷ /źƷǤ Iğƌƌ 118,128 /ƚƓƭƷ͵ ağƷĻƩźğƌ ĻƭƷźƓŭ 1,980 ‘źƓķƚǞ ƩĻğƷƒĻƓƷƭ tǒĬƌźĭ {ğŅĻƷǤЊЌЍͲААЍ Subtotal Cost310000852,296 Total Cost (No Contingency)$1,145,0002,301,262 υЋͲЍЉЉͲЉЉЉ ƚƷğƌ .ǒķŭĻƷ C— ЊЌ ε C— ЊЍ CǒƓķƭ ƩĻƒğźƓźƓŭ ĬğƭĻķ ƚƓ ĻƭƷźƒğƷĻƭ АΏЋБΏЊЍυВБͲАЌБ Budgeted FY 13 υЊͲЊЉЉͲЉЉЉ Budgeted FY 14 υЊͲЌЉЉͲЉЉЉ REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 033 033 D. Mick D. Mick Source of Funds:Source of Funds: Requested By: 033033--98929892--886886--1100 1100 Public Works Public Works Account Number:Account Number: Department: $630,000.00 $630,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $627,000.00 $627,000.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Bid Tabulation1. Bid Tabulation 2. Vendor Access Report2. Vendor Access Report 3. Map and Resurfacing Plan3. Map and Resurfacing Plan SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Advertised, sealed bid proposals for La Porte FY 2014 Street Overlay were opened and read on July 29, 2014. Bid Advertised, sealed bid proposals for La Porte FY 2014 Street Overlay were opened and read on July 29, 2014. Bid requests were advertised in the Houston Chronicle, posted on the City of La Porte website site and Public requests were advertised in the Houston Chronicle, posted on the City of La Porte website site and Public Purchase with four (4) contractors returning bids. Purchase with four (4) contractors returning bids.    Forde Construction submitted the lowest bid in the amount of $475,256.80 for the Base Bid.  Two Alternate Bids Forde Construction submitted the lowest bid in the amount of $475,256.80 for the Base Bid.  Two Alternate Bids accompanied the Base Bid including, using Forde Construction bid numbers, Alternate Bid #1 equal to $93,121.00 accompanied the Base Bid including, using Forde Construction bid numbers, Alternate Bid #1 equal to $93,121.00 thth to add West G Street from Hwy 146 to 4to add West G Street from Hwy 146 to 4 Street and Alternate Bid #2 in the amount of $9,100 for the contractor Street and Alternate Bid #2 in the amount of $9,100 for the contractor to deliver 870 CY of millings to the Public Works yard to be utilized for roadway and shoulder maintenance by city to deliver 870 CY of millings to the Public Works yard to be utilized for roadway and shoulder maintenance by city crews.  The total bid including both Alternate Bid #1 and Alternate Bid #2 is $577,477.80.  Staff recommends that crews.  The total bid including both Alternate Bid #1 and Alternate Bid #2 is $577,477.80.  Staff recommends that crews.  The total bid including both Alternate Bid #1 and Alternate Bid #2 is $577,477.80.  Staff recommends that crews.  The total bid including both Alternate Bid #1 and Alternate Bid #2 is $577,477.80.  Staff recommends that the project be awarded to Forde Construction in the amount of $577,477.80 with a total authorization of $627,000 the project be awarded to Forde Construction in the amount of $577,477.80 with a total authorization of $627,000 including an 8.5% project contingency. including an 8.5% project contingency.    Asphalt prices had jumped 22% from FY 12 to FY 13.  There is little to no change in price of asphalt from the FY Asphalt prices had jumped 22% from FY 12 to FY 13.  There is little to no change in price of asphalt from the FY 13 resurfacing contract to this FY 14 bid. 13 resurfacing contract to this FY 14 bid.    Project Benefits, Liabilities, and Operating Cost:  Project Benefits, Liabilities, and Operating Cost:    Benefits: The proposed project provides maintenance and rehabilitation of existing public facilities anticipated by the The proposed project provides maintenance and rehabilitation of existing public facilities anticipated by the residents with the street tax renewal.  residents with the street tax renewal.       Liabilities of Maintaining the Status Quo:Liabilities of Maintaining the Status Quo: The scope and cost of the proposed work would likely increase if the proposed resurfacing work is deferred The scope and cost of the proposed work would likely increase if the proposed resurfacing work is deferred for an extended period of time.  for an extended period of time.    Operating Costs:Operating Costs: No new facilities will be added with this project.  No new facilities will be added with this project.    Other Considerations: Other Considerations:   Staff plans to also surface the asphalt drive to the new animal shelter on Spencer Highway with this Staff plans to also surface the asphalt drive to the new animal shelter on Spencer Highway with this project.    Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Consider approval or other action authorizing the City Manager to execute a contract with Forde Construction Company Inc. for $577,477.80 including the Base Bid and both Alternate Bid #1 and Alternate Bid #2.  The total Company Inc. for $577,477.80 including the Base Bid and both Alternate Bid #1 and Alternate Bid #2.  The total authorization is $627,000 including the project contingency of 8.5%.  authorization is $627,000 including the project contingency of 8.5%.     Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: 018 (Sewer Rehab) 018 (Sewer Rehab) D. Mick D. Mick Source of Funds:Source of Funds: Requested By: 001001--98909890--679679--1100 1100 Police Police Account Number:Account Number: Department: $185,000.00 $185,000.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $202,450.00 $202,450.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Bid Tabulation1. Bid Tabulation 2. Vendor Access Report2. Vendor Access Report 3. Engineers Recommendation3. Engineers Recommendation SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The Lift Station 39 force main is identified in the 2014 budget for replacement. The force main runs parallel with The Lift Station 39 force main is identified in the 2014 budget for replacement. The force main runs parallel with South Broadway on the west side of the road 2,600 feet from Lift Station 39 at North Shady Lane to a manhole at South Broadway on the west side of the road 2,600 feet from Lift Station 39 at North Shady Lane to a manhole at the corner of South Broadway and Fairfield Lane. The force main is cast iron, over 50 years old, and has failed the corner of South Broadway and Fairfield Lane. The force main is cast iron, over 50 years old, and has failed several times in recent years, causing waste water to overflow into the adjacent right of way. The cast iron pipe several times in recent years, causing waste water to overflow into the adjacent right of way. The cast iron pipe will be replaced with high density polyethylene pipe.will be replaced with high density polyethylene pipe.  Bid 14023 LS 39 Force Main Replacement was advertised in the Houston Chronicle on July 17 & 24, and posted  Bid 14023 LS 39 Force Main Replacement was advertised in the Houston Chronicle on July 17 & 24, and posted on Public Purchase on July 14. The access report is attached. Bids were opened and read on August 7, 2014 with on Public Purchase on July 14. The access report is attached. Bids were opened and read on August 7, 2014 with 6 bids received. Low bid is Reliance Construction at $159,600.50.6 bids received. Low bid is Reliance Construction at $159,600.50.  The Engineer recommends award of Bid 14023 to Reliance Construction. Reliance Construction has completed  The Engineer recommends award of Bid 14023 to Reliance Construction. Reliance Construction has completed  The Engineer recommends award of Bid 14023 to Reliance Construction. Reliance Construction has completed  The Engineer recommends award of Bid 14023 to Reliance Construction. Reliance Construction has completed construction projects in the past for the City of La Porte. Staff recommends award of Bid 14023 to Reliance construction projects in the past for the City of La Porte. Staff recommends award of Bid 14023 to Reliance Construction for $159,650.50 and a contingency of $10,000.00.Construction for $159,650.50 and a contingency of $10,000.00.  The original $32,850.00 for survey and design plus $159,600.50 for construction is $7,450.50 over staff The original $32,850.00 for survey and design plus $159,600.50 for construction is $7,450.50 over staff’’s 2013 s 2013 budget estimate of $185,000.00.   Staff proposes to fund the budget increase utilizing a portion of the $200,000* budget estimate of $185,000.00.   Staff proposes to fund the budget increase utilizing a portion of the $200,000* budget under-run for the Water Plant #5 ground storage tank replacement (construction contract awarded April run for the Water Plant #5 ground storage tank replacement (construction contract awarded April 28, 2014).   * $125,000 of the $200,000 under * $125,000 of the $200,000 under--run for Water Plant #5 is remaining with City Councilrun for Water Plant #5 is remaining with City Council’’s earlier authorization s earlier authorization (July 14, 2014 meeting) to move $75,000 to the city Water Well #(July 14, 2014 meeting) to move $75,000 to the city Water Well #’’s 1 and 2 budget.   s 1 and 2 budget.        There will be a reduced potential for wastewater discharge replacing deteriorated pipe over 50 years   There will be a reduced potential for wastewater discharge replacing deteriorated pipe over 50 years Benefits: old.    Additional force main failures.   Additional force main failures.  Liabilities of Status Quo:Liabilities of Status Quo:     There will be a reduction of maintenance and repair costs.  There will be a reduction of maintenance and repair costs. Operating Costs:Operating Costs:   Action Required of Council:Action Required of Council: Consider approval or other action for the following items:Consider approval or other action for the following items: Award Bid No. 14023 Lift Station 39 Force Main Replacement to Reliance Construction for $159,600.50 and Award Bid No. 14023 Lift Station 39 Force Main Replacement to Reliance Construction for $159,600.50 and approve contingency of $10,000.  approve contingency of $10,000.   Increase the FY 14 budget for Lift Station 39 Force Main Replacement from $185,000 to $202,450.  The $17,450 Increase the FY 14 budget for Lift Station 39 Force Main Replacement from $185,000 to $202,450.  The $17,450 increase is to be funded from a $200,000 project underincrease is to be funded from a $200,000 project under--run for the Water Plant #5 project awarded April 28, run for the Water Plant #5 project awarded April 28, 2014.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Access Report AgencyCity of La Porte (TX) Bid Number14023 Bid TitleATTACHMENT Pre-Bid meeting attendees list to #14 Vendor NameAccessed First TimeMost Recent Access D Davila2014-08-06 02:08 PM CDT2014-08-07 08:20 AM CDT AGR CONSTRUCTION,LLC2014-07-17 03:10 PM CDT2014-07-17 03:18 PM CDT AMTEK2014-07-18 03:09 PM CDT2014-08-07 05:31 PM CDT Hahn Equipment Co., Inc.2014-07-17 10:13 AM CDT2014-07-17 10:13 AM CDT TCH Directional Drilling2014-07-18 08:46 AM CDT2014-08-07 10:43 AM CDT Acme Inc2014-07-21 03:07 AM CDT2014-07-21 03:07 AM CDT MAR-CON SERVICES, LLC2014-07-17 10:28 AM CDT2014-07-17 10:28 AM CDT CPR SERVICES & SUPPLIES, 2014-07-21 08:34 AM CDT2014-08-06 10:34 AM CDT InFilms & Design, Inc.2014-07-21 03:23 AM CDT2014-07-21 03:23 AM CDT The Brandt-Companies2014-07-18 09:58 AM CDT2014-08-06 03:30 PM CDT Laborde Products, Inc.2014-07-25 07:26 AM CDT2014-07-25 07:26 AM CDT JIm Kodam Inc.2014-07-18 01:11 AM CDT2014-07-25 01:01 AM CDT AR TurnKee Construction Com 2014-08-06 09:21 AM CDT2014-08-06 03:45 PM CDT Dale Dobbins2014-07-19 10:10 AM CDT2014-07-19 10:10 AM CDT F&L Coatings and Concrete, LL2014-07-21 01:47 PM CDT2014-08-06 05:17 PM CDT Monhar Construction, Inc.2014-07-19 01:43 AM CDT2014-07-19 01:43 AM CDT Southern Trenchless Solutions2014-07-21 04:17 PM CDT2014-07-21 04:17 PM CDT Hearn Company2014-07-22 01:58 PM CDT2014-08-07 11:56 AM CDT Boyer, Inc.2014-07-17 02:37 PM CDT2014-07-17 02:37 PM CDT Pump & Power Equipment2014-07-17 09:40 AM CDT2014-07-17 09:40 AM CDT National Works, Inc.2014-07-17 10:04 AM CDT2014-08-06 03:45 PM CDT McDonald Electric2014-08-06 02:21 PM CDT2014-08-06 04:09 PM CDT cdc2014-08-06 05:56 AM CDT2014-08-06 05:56 AM CDT GULF COAST GROUTING, INC2014-08-06 10:00 AM CDT2014-08-06 03:59 PM CDT InfinitePetro Distributors, LLC2014-07-29 05:56 PM CDT2014-07-29 05:56 PM CDT Follis Construction2014-08-06 11:06 AM CDT2014-08-06 03:51 PM CDT Project Search, Inc.2014-07-24 10:41 PM CDT2014-07-24 10:41 PM CDT Horseshoe Construction, Inc2014-07-17 02:52 PM CDT2014-08-07 09:48 AM CDT Reliance Construction2014-07-22 10:41 AM CDT2014-08-07 04:57 PM CDT Morgan Construction2014-07-19 06:24 AM CDT2014-07-19 06:24 AM CDT 4023 Lift Station 39 Force Main Replacement Documentsost Recent Response Date REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A D. Mick D. Mick Source of Funds:Source of Funds: Requested By: N/A N/A Public Works Public Works Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Red-Lined Proposed Operator's AgreementLined Proposed Operator's Agreement 2. Final Version Proposed Operator's 2. Final Version Proposed Operator's AgreementAgreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS  The La Porte Area Water Authority (LPAWA) contracts with the City of La Porte to utilize city staff for billing,  The La Porte Area Water Authority (LPAWA) contracts with the City of La Porte to utilize city staff for billing, testing, state permitting, maintenance of LPAWA infrastructure, and all other administrative functions via an testing, state permitting, maintenance of LPAWA infrastructure, and all other administrative functions via an operator’s agreement. s agreement.   The attached operator The attached operator’’s agreement was unanimously approved by the LPAWA board at the July 24, 2014 s agreement was unanimously approved by the LPAWA board at the July 24, 2014 meeting.      This new agreement is the same as the current agreement with the exception of incidental updates/corrections.   This new agreement is the same as the current agreement with the exception of incidental updates/corrections.  A marked-up version of the agreement is attached highlighting the updates. up version of the agreement is attached highlighting the updates.  Action Required of Council:Action Required of Council: Consider approval or other action authorizing the Mayor to renew the operatorConsider approval or other action authorizing the Mayor to renew the operator’’s agreement between the City of s agreement between the City of La Porte and the La Porte Area Water Authority. La Porte and the La Porte Area Water Authority.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate OPERATOR'S AGREEMENT This agreement, entered into this 25thday of AugustJuly,20112014, by and between the La Porte Area Water Authority, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OWNER") and the City of La Porte, Texas, acting by and through its duly authorized officers (hereinafter sometimes referred to as "OPERATOR"). For and in consideration of the mutual undertakings herein contained, Authority and City agree as follows: I. OPERATOR agrees to operate, maintain, repair, and manage OWNER'S property for a term of three (3)years commencing October 1, 20112014with an option to renew this agreement for an additional period of three (3) years, subject to the agreement of both parties. This agreement is subject to termination at any time without cause by either party giving ninety (90) day written notice to the other. II. Operation shall consist of furnishing labor and administrative support services to provide efficient operation, maintenance, and management of OWNER'S transmission system, shown on record construction drawings on file at the La Porte City Hall, and to provide clerical and administrative support for the billing, accounting, and other support needed for efficient operation of OWNER'S transmission system, which includes, but not limited to the following: 1.Provide operating personnel at all times who hold valid water works licenses issued by the Texas Natural Resources Conservation Commissionon Environmental Quality(TCEQ). 2.Provide operating personnel on-call twenty-four (24) hours per day, seven (7) days per week with a twenty-four (24) hour telephone dispatching service and vehicles equipped with two-way radios. 3.Provide clerical and administrative support for billing, accounting, supervisory, and other support as needed for the efficient operation of OWNER'S transmission system. 4.Daily check, at all customer takepoints, (including weekends and holidays): a. All control systems; b. Take meter readings; and c. Check all electrical operations. 5.Collect, on a monthly basis, all necessary water samples as required by local, state, and federal regulations. 6.Run complete chemical analysis of water supply. 7.Prepare, submit, and furnish copy to OWNER all required reports to local, state, andfederal agencies having regulatory powers over OWNER'S transmission system. 8.Furnish monthly operational, fiscal, and budgetary reports to OWNER. 9.Prepare operation line-item budget estimate for OWNER'S approval prior to the termination of this Agreement. 10.Perform preventive maintenance as required by equipment manufacturers' operating manuals, provided by OWNER. 11.Maintain required records of water system operations. 12.Report to OWNER system improvements and/or major repairs needed. 13.Prepare, mail, and collect monthly bills for water consumed by all customers, in accordance with the Accounting Policy Statement attached hereto as Exhibit "A". 14.Process invoices for materials, supplies, and services necessary to operate the water supply system. 15.Provide necessary office space in its facilities for a master control center needed for the control, historical recording, and reporting of the water transmission system. III. OPERATOR shall receive compensation for services (Annual Fee) enumerated in Section II above in the amount of $61,61967,007, payable monthly, in a sum th equal to 1/12 of the Annual Fee, on or before the 15day of each month that this Agreement remains in effect. The Annual Fee shall be binding on the Operator and the Owner for the first year of the Agreement, that is from October 1, 20112014through September 31,20122015. Beginning October 1, 20122015, and in subsequent years thereafter, there shall be an annual cost of living adjustment of the Annual Fee. The annual cost of living adjustment shall be calculated by multiplying the Annual Fee by a fraction, the denominatorof which shall be the April 20112014Consumer Price Index for All Urban Consumers (CPI-U), all items, U.S. City Average, and the numerator shall be the CPI-U for all items,U.S. City Average for April 20122015, and subsequent dates of adjustment.The Base Month/Year for the Annual CPI calculation is April 2001(CPI-U = 176.90) with the Operator’s Fee beginning October 1, 2001 equal to $50,000. IV. OPERATOR will procure, to OWNER'S account, supplies, materials, equipment, and services, utilizing funds allocated in OWNER'S approved budget, attached hereto as Exhibit "B", for the routine operation of OWNER'S transmission system. OPERATOR shall conform to all applicable purchasing laws of the State of Texas in the procurement of all supplies and materials necessary for the operation of the transmission system. V. Repairs, adjustments, and operation of the system outside of the scope of services outlined in Section II of this Agreement will be billed to OWNER on an actual cost basis. Whenever possible, OPERATOR will obtain advance approval from OWNER prior to beginning non-routine work; however, OPERATOR is authorized to proceed, unless specifically directed otherwise, in those cases deemed necessary by the OPERATOR. VI. OPERATOR will exercise good judgement in the replacement of equipment under this Agreement. OWNER will not hold OPERATOR responsible for guarantees or warranties for such equipment. The OPERATOR will make responsible efforts to secure normal guarantees to OWNER. VII. OPERATOR is retained by OWNER only for the purpose and to the extentset forth in this Agreement, and his relation to OWNER, during the period of this Agreement, is that of an independent entity, and he shall be free to dispose of such portion of his entire time not required to satisfy the terms of this Agreement in any manner he deems advisable. OPERATOR shall not be considered an employee of OWNER. VIII. OPERATOR agrees that all customers of OWNER will receive equal treatment under the terms of this Agreement. IX. OPERATOR shall be required to operate within the current guidelines of its governing body and shall notify OWNER of any possible conflicts with such guidelines, as soon as practicable after the occurrence of said possible conflicts. X. OPERATOR hereby assumes entire responsibility and liabilityfor any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether employees of OPERATOR or otherwise, and to all property caused by, resulting from, arising out of, or occurring in connection with the maintenance and operation of OWNER'S transmission system provided for in this Agreement and if any person shall make a claim for any damage or injury (including death resulting therefrom) as hereinabove described, whether such claim may be based uponthe OWNER'S alleged active or passive negligence or participation in the wrong or upon any alleged breach of any statutory duty or obligation on the part of the OWNER, the OPERATOR agrees to indemnify and save harmless the OWNER, its agents, servants, andemployees from and against any and all loss, expense, damage, or injury that the OWNER may sustain as a result of any such claims and the OPERATOR agrees to assume, on behalf of the OWNER, the defense of any action at law or in equity, which may be brought against the OWNER upon such claim and to pay on behalf of the OWNER, upon its demand, the amount of any judgement that may be entered against the OWNER in any such action. XI. Before commencing the work, the OPERATOR shall procure and maintain liability insurance, at its own expense, and procure and maintain workers' compensation and employee liability insurance in accordance with the laws of the State of Texas. The OPERATOR agrees that nothing contained in this paragraph shall limit or release the OPERATOR from its obligations otherwise provided for in this Agreement, including assumption of liabilities and indemnifications to the OWNER. If the OPERATOR fails to procure and maintain at least the above insurance, the OWNER shall have the right to procure and maintain the said insurance for and in the name of the OPERATOR, and the OPERATOR shall pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. XII. The OPERATOR for the Contract Price herein provided for, hereby agrees to pay and shall hold the OWNER harmless against the payment of all contributions, taxes, or premiums which may be payable under Federal, State, or Local laws arising out of the performance of the work. XIII. If either the OPERATOR or OWNER believes it has a claim of any nature whatsoever against the other party, it shall give the other written notice of the amount, whenever possible, and nature of such claim within forty-five (45) days (or such other time limits as may beexpressly set forth in the Agreement) of the occurrence of the event upon which such claim is based. In default of such notice the claim is waived. XIV. All matters relating to the validity, performance, interpretation, or construction of this Agreement or the breach thereof shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and seals the day and year first above written. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary LA PORTE AREA WATER AUTHORITY By: David Janda, President ATTEST: Steve ValeriousDoug Martin, Secretary REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: N/A N/A Public Works Public Works Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. Shady River, Section 3 2. Shady River, Section 3 -- Subdivision Plat Subdivision Plat 3. Release of Easement3. Release of Easement--Consent LettersConsent Letters 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Mr. Brad Leland has requested the City release an existing general purpose utility easement located on his Mr. Brad Leland has requested the City release an existing general purpose utility easement located on his property at 3219 Silver Springs Drive.  Mr. Leland cites plans for constructing a swimming pool at this location as property at 3219 Silver Springs Drive.  Mr. Leland cites plans for constructing a swimming pool at this location as the reason for the request. the reason for the request.   The easement in question is a platted 8 The easement in question is a platted 8’’utility easement located along the east line of Lot 9, Block 6, Shady River utility easement located along the east line of Lot 9, Block 6, Shady River Subdivision, Section 3.  Centerpoint Energy, AT&T and Comcast have each reviewed Mr. LelandSubdivision, Section 3.  Centerpoint Energy, AT&T and Comcast have each reviewed Mr. Leland’’s request and s request and have determined that no existing franchised utilities are located within this easement.  Each franchisee has issued have determined that no existing franchised utilities are located within this easement.  Each franchisee has issued a letter of no objection to release the easement.  The Citya letter of no objection to release the easement.  The City’’s Public Works Department has also determined that no s Public Works Department has also determined that no City utilities exist within this easement and has expressed no objection to release of the easement.City utilities exist within this easement and has expressed no objection to release of the easement.     Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance authorizing the release of an eight (8) foot wide utility easement Consider approval or other action of an ordinance authorizing the release of an eight (8) foot wide utility easement from the east line of Lot 9, Block 6, Shady River Subdivision, Sec. 3 (as recorded in Vol. 146, Pg. 57, Harris from the east line of Lot 9, Block 6, Shady River Subdivision, Sec. 3 (as recorded in Vol. 146, Pg. 57, Harris County Map Records).County Map Records).   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate LOCATIONOFPROPERTY From: errod, Curtis From: errod, Curtis From: errod, Curtis Sent: hursday, July 10, 2014 8:47 AM Sent: hursday, July 10, 2014 8:47 AM To: terling, Brian Subject: E: Request to abandon 8' U.E. at 3219 Silver Springs Dr. Brian. No city known . No city known . No city known .No city known . No objection to this request. C/. No objection to this request. C/. From: Sterling, Brian Sent: Monday, June 30, 2014 3:42 PM To: Herrod, Curtis Cc: Ensey, Eric Subject: Request to abandon 8' U.E. at 3219 Silver Springs Dr. Curtis, Mr. Brad Leland/3219 Silver Springs Dr. has contacted the City to seek abandonment of the 8’ utility easement located along his east property line. Initial review of the water & sanitary mains indicate that the city has no utility lines in the subject easement. Please review this request to determine if you have any objection to abandonment of this easement (see attached). Thanks, BS PUBLIC WORKS RELEASE OF EASEMENT.txt\[8/1/2014 2:58:28 PM\] AREA MAP 31093102 3107 3106 3115 3114 3111 3110 3123 3119 3123 3115 3114 3123 3207 3119 3118 3207 3202 3203 3215 3219 3206 3207 3210 3211 3218 3215 3210 918 810 902 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: N/A N/A Planning & Development Planning & Development Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Alcohol Ordinance with Highlighted 1. Alcohol Ordinance with Highlighted AmendmentsAmendments 2. Alcohol Ordinance as Amended (Clean)2. Alcohol Ordinance as Amended (Clean) SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Chapter 6 of the La Porte Code of Ordinances currently regulates alcohol sales but does not specify a Chapter 6 of the La Porte Code of Ordinances currently regulates alcohol sales but does not specify a methodology for how to request and process a variance. The purpose of this ordinance proposal is to further methodology for how to request and process a variance. The purpose of this ordinance proposal is to further specify such standards for variance requests under Chapter 6.specify such standards for variance requests under Chapter 6.   The Texas Alcoholic Beverages Code (TABC) allows municipalities to implement a local variance process if The Texas Alcoholic Beverages Code (TABC) allows municipalities to implement a local variance process if adopted by ordinance and in accordance with rules promulgated by the TABC as defined in Section 109.33(e). adopted by ordinance and in accordance with rules promulgated by the TABC as defined in Section 109.33(e). Distance requirements otherwise required by TABC and Chapter 6 can be varied if the City Council determines Distance requirements otherwise required by TABC and Chapter 6 can be varied if the City Council determines that the variance is in the best interest of the community through any of six referenced standards.that the variance is in the best interest of the community through any of six referenced standards.   Procedural requirements include holding a public hearing and publishing notice of the hearing ten days prior to the Procedural requirements include holding a public hearing and publishing notice of the hearing ten days prior to the hearing date. Additionally, written notice must be mailed to owners within 300 feet of the property for which the hearing date. Additionally, written notice must be mailed to owners within 300 feet of the property for which the variance is requested as well as the superintendent of the applicable school district.variance is requested as well as the superintendent of the applicable school district.   The attached ordinance amendment proposal includes highlighted language allowed for such specified procedures The attached ordinance amendment proposal includes highlighted language allowed for such specified procedures under TABC.   Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance authorizing and approving an amendment to Chapter 6 of the La Consider approval or other action of an ordinance authorizing and approving an amendment to Chapter 6 of the La Porte Code of Ordinances allowing for a variance procedure for alcohol sales within 300 feet of specified uses.Porte Code of Ordinances allowing for a variance procedure for alcohol sales within 300 feet of specified uses. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, RELATING TO THE GRANTING OF VARIANCES TO DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOL NEAR CHURCHES, PUBLIC SCHOOLS, AND PUBLIC HOSPITALS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 6Alcoholic BeveragesIIn General6-2 Sale near churches, public hospitals and public schools follows: 6-2. Sale near churches, public hospitals and public schools. (a) It shall be unlawful for any dealer whose principal business is the sale of alcoholic beverages to sell or deliver alcoholic beverages within the city limits where the place of business of any such dealer is within 300 feet of any church, public school or public hospitals. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. The measurement of the distance between the place of business where alcoholic beverages are sold and the public schools shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (c) As to any dealer who held a license or permit on September 1, 1983, in a location where a regulation under this section was in effect on that date, for purposes of subsection (a) of this section, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (d) Pursuant to Section 109.33(e) of the Texas Alcohol Beverage Code, the City Council may, upon application of a business subject to the distance requirements established in this section, allow a variance to the regulation if the City Council determined that enforcement of the distance requirements in a particular instance 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not serve its intended purpose; 5) is not effective or necessary; or 6) for any other reason, the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community. (e) Before granting a variance under subsection (d) of this section, the City Council shall hold a public hearing to receive input from the public on the requested variance. The city secretary shall publish a notice of the public hearing at least ten (10) days before the hearing date. In addition, written notice of the public hearing before the City Council on the requested variance must be sent to the owners of real property within three hundred (300) feet of the property for which the variance is requested. Separate notices must be sent to any church, child care facility, daycare center, public or private school, or public hospital located within three hundred (300) feet of the property for which a variance is requested and to the superintendent of the school district in which the property requesting the variance is located. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. (f) The applicant for the variance must reimburse the city for the costs of publishing the notice of public hearing and mailing written notice to surrounding property owners, churches, child care facilities, daycare centers, public or private schools, public hospitals, and school district superintendents before the public hearing is held. Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. eeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5 . This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this the______ day of _________________, 2014. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: N/A N/A Planning & Development Planning & Development Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Variance Ordinance for Broadway Cafe1. Variance Ordinance for Broadway Cafe 2. Application/TABC Prequalification Packet2. Application/TABC Prequalification Packet 3. Area Map3. Area Map 4. Letter from LPISD School Board4. Letter from LPISD School Board SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The owner of the Broadway Café, (formerly OgarrioThe owner of the Broadway Café, (formerly Ogarrio’’s) Jaime Suarez, located at 1023 S. Broadway, has applied s) Jaime Suarez, located at 1023 S. Broadway, has applied for a permit to serve alcohol to patrons of the restaurant on site. The Alcohol Sales Chapter (Chapter 6) of the La for a permit to serve alcohol to patrons of the restaurant on site. The Alcohol Sales Chapter (Chapter 6) of the La Porte Code of Ordinances specifies distance requirements to certain land uses for establishments selling alcohol. Porte Code of Ordinances specifies distance requirements to certain land uses for establishments selling alcohol. The distances required to sell alcohol are 300 feet to a church, daycare or school as measured from nearest The distances required to sell alcohol are 300 feet to a church, daycare or school as measured from nearest property line to nearest property line. After review by the Planning Department, it was found that the property, on property line to nearest property line. After review by the Planning Department, it was found that the property, on which the Broadway Café is located, is within 60 feet of LPISD property containing the La Porte High School. A which the Broadway Café is located, is within 60 feet of LPISD property containing the La Porte High School. A subsequent request for a variance has been received by the City Secretary and is before City Council for subsequent request for a variance has been received by the City Secretary and is before City Council for consideration.   The following additional findings are applicable to this application:The following additional findings are applicable to this application: The Broadway Café is located within a strip center, which faces west toward Broadway and away from The Broadway Café is located within a strip center, which faces west toward Broadway and away from the high school. the high school. The distance from the Café front door to the high school property line is approximately 172 feet, while the The distance from the Café front door to the high school property line is approximately 172 feet, while the distance to the nearest building on the high school campus is approximately 467 feet. distance to the nearest building on the high school campus is approximately 467 feet. An existing alcohol establishment (carry out facility) is within the same strip center further to the north of An existing alcohol establishment (carry out facility) is within the same strip center further to the north of this location that is also within 60 feet of the LPISD property line, but is grandfathered from these this location that is also within 60 feet of the LPISD property line, but is grandfathered from these regulations. regulations. An existing convenience store selling alcohol is located approximately 176 feet from, and southwest of the An existing convenience store selling alcohol is located approximately 176 feet from, and southwest of the LPISD property line. LPISD property line.   The proposed ordinance attached hereto allows a variance for the Broadway Café to sell alcohol.The proposed ordinance attached hereto allows a variance for the Broadway Café to sell alcohol.   In anticipation of a variance request Mr. Suarez submitted a request for consideration to the LPISD School Board In anticipation of a variance request Mr. Suarez submitted a request for consideration to the LPISD School Board who then took up the issue on June 10, 2014. A letter from LPISD was received by the City Secretary (attached) who then took up the issue on June 10, 2014. A letter from LPISD was received by the City Secretary (attached) deferring the decision to the city without objection to the application.deferring the decision to the city without objection to the application.   The Texas Alcoholic Beverages Code (TABC) allows a local variance process if adopted by ordinance and in The Texas Alcoholic Beverages Code (TABC) allows a local variance process if adopted by ordinance and in accordance with rules promulgated by the TABC as defined in Section 109.33 (e) with specific standards.accordance with rules promulgated by the TABC as defined in Section 109.33 (e) with specific standards.   Distance requirements otherwise required by TABC and Chapter 6 can be varied if the City Council determines Distance requirements otherwise required by TABC and Chapter 6 can be varied if the City Council determines that the variance is in the best interest of the community for any of six specified reasons.that the variance is in the best interest of the community for any of six specified reasons.   Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance authorizing and approving a variance to Chapter 6 of the La Consider approval or other action of an ordinance authorizing and approving a variance to Chapter 6 of the La Porte Code of Ordinances by allowing for alcohol sales within the Broadway Café.Porte Code of Ordinances by allowing for alcohol sales within the Broadway Café. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate AREA MAP W F A IR M O N TY PKW KT P WON YIRM FA E 1 inch = 100 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A T. Tietjens T. Tietjens Source of Funds:Source of Funds: Requested By: N/A N/A Planning & Development Planning & Development Account Number:Account Number: Department: N/A N/A Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: N/A N/A Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance Marked Changes1. Ordinance Marked Changes 2. Ordinance Clean Version2. Ordinance Clean Version 3. Truck Route Map3. Truck Route Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Staff was asked to review the geometric layout for safety on Wharton Weems, East of the SH 146 intersection Staff was asked to review the geometric layout for safety on Wharton Weems, East of the SH 146 intersection and fronting the Lakes at Fairmont Greens Subdivision. A request was sent to the Texas Department of and fronting the Lakes at Fairmont Greens Subdivision. A request was sent to the Texas Department of Transportation (TxDOT) stating these concerns. TxDOT initiated a speed study, which resulted in a Transportation (TxDOT) stating these concerns. TxDOT initiated a speed study, which resulted in a recommendation to decrease the speed limit from 55 mph to 45 mph on Wharton Weems from SH 146 to recommendation to decrease the speed limit from 55 mph to 45 mph on Wharton Weems from SH 146 to Broadway. In addition to the reduction of speed, the addition of a Lane Ends Merge Left sign will be added to the Broadway. In addition to the reduction of speed, the addition of a Lane Ends Merge Left sign will be added to the eastbound roadway near the intersection of SH 146 The TxDOT. eastbound roadway near the intersection of SH 146 The TxDOT.  As the current roadway meets minimum design standards, implementation of the recommended signage and speed As the current roadway meets minimum design standards, implementation of the recommended signage and speed reduction along Wharton Weems will reduce weaving conflicts and enhance the ingress and egress for Lakes at reduction along Wharton Weems will reduce weaving conflicts and enhance the ingress and egress for Lakes at Fairmont Greens subdivision.Fairmont Greens subdivision.  Also mentioned in the speed study is a TXDOT recommendation to reduce the speed limit from 40 mph to 30 mph  Also mentioned in the speed study is a TXDOT recommendation to reduce the speed limit from 40 mph to 30 mph along a short section of Broadway within the vicinity of the Recreation and Fitness Center (RFC). The speed along a short section of Broadway within the vicinity of the Recreation and Fitness Center (RFC). The speed reduction along Broadway will be left to the discretion of Council, as currently the area is properly signed for reduction along Broadway will be left to the discretion of Council, as currently the area is properly signed for vehicular traffic accommodating safety of pedestrians wanting to cross Broadway to access the RFC.vehicular traffic accommodating safety of pedestrians wanting to cross Broadway to access the RFC. Staff recommends reducing the speed limit from 55 mph to 45 mph along BS 146D from S. Broadway to SH 146, Staff recommends reducing the speed limit from 55 mph to 45 mph along BS 146D from S. Broadway to SH 146, (Wharton Weems Blvd.) (Wharton Weems Blvd.)    Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance establishing a speed limit of 45 MPH along BS 146D from S. Consider approval or other action of an ordinance establishing a speed limit of 45 MPH along BS 146D from S. Broadway to SH 146, (Wharton Weems Blvd.) a distance of approximately 0.672 miles.Broadway to SH 146, (Wharton Weems Blvd.) a distance of approximately 0.672 miles.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate ORDINANCE NO. ___ AN ORDINANCE AFFIC AND VEHICLES ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; DOLLARS; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : Limits, Section 70-orty- Five and Section 70-Fifty-Five of the Code of Ordinances, La Porte, Texas, are hereby amended, to read as follows: Sec. 70-104. Forty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 45 miles per hour in any such zone: (1) Along Underwood Road from North P Street to a point 650 feet north of West Main, a distance of 6,900 feet, 1.31 miles; (2) Along Underwood Road, from a point 2,350 feet south of West Main to Fairmont Parkway, a distance of 2,400 feet, 0.45 miles; (3) Along West Main Street, from a point 1,900 feet west of South 16th Street to the western corporate limits; and (4) Along West Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to a point 550 feet west of State Highway 146, a distance of 2,500 feet, 0.47 miles. (5) Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton Weems Blvd, a distance of approximately 0.695 miles. (6) Along Bay Area Blvd. from Fairmont Parkway to West Main Street, a distance of 4,850 feet, 0.92 miles. (7) Along Canada Road from Defiance Street to Fairmont Parkway, a distance of 2,920 feet, 0.55 miles. (8) Along BS 146 D from South Broadway to SH 146 (Wharton Weems), a distance of approximately 0.672 miles. Sec. 70-106. Fifty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 55 miles per hour in any such zone: (1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to Luella Boulevard, a distance of 22,800 feet, 4.318 miles. (2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of approximately 0.672 miles. Section 2 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 3. 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 4 . All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. 2 PASSED AND APPROVED this the______ day of AUGUST, 2014. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: City Attorney 3 641HS TSHT61N TSHT61S DRDOOWREDNU REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM August 25, 2014August 25, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Sharon Harris Sharon Harris Requested By: Account Number:Account Number: City Secretary's Office City Secretary's Office Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The La Porte City Council is authorized to make appointments to boards, commissions and committees.  Staff has The La Porte City Council is authorized to make appointments to boards, commissions and committees.  Staff has determined individuals that have agreed to volunteer for another term should Council wish to appoint them.  determined individuals that have agreed to volunteer for another term should Council wish to appoint them.   Regarding the ––consider new appointments or reappointing Ken Schlather to consider new appointments or reappointing Ken Schlather to Building Codes Appeals BoardBuilding Codes Appeals Board Position 5; J. P. Jackson to Position 6; and Mark Follis to Position 7; threePosition 5; J. P. Jackson to Position 6; and Mark Follis to Position 7; three--year terms expiring August 31, 2017, or year terms expiring August 31, 2017, or until successors have been appointed and qualified.  until successors have been appointed and qualified.   Regarding the ––consider new consider new Chapter 172 Employee Retiree Insurance and Benefits CommitteeChapter 172 Employee Retiree Insurance and Benefits Committee appointment or reappointing Aaron Corrales as Retiree Representative; with twoappointment or reappointing Aaron Corrales as Retiree Representative; with two--year term expiring August 31, year term expiring August 31, 2016, or until a successor has been appointed and qualified.  2016, or until a successor has been appointed and qualified.   Regarding the ––consider ratifying the City Managerconsider ratifying the City Manager’’s appointment of Les Bird for s appointment of Les Bird for Civil Service CommissionCivil Service Commission a three-year term expiring August 31, 2017.year term expiring August 31, 2017.  Regarding the ––consider new appointments or consider new appointments or La Porte Reinvestment Zone Number One (TIRZ 1)La Porte Reinvestment Zone Number One (TIRZ 1) reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester reappointing Dave Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 7; with twoâPool to Position 7; with two ‘‘year terms expiring August 31, 2016, or until successors have been appointed and year terms expiring August 31, 2016, or until successors have been appointed and qualified.   Regarding the ––consider new appointment and/or reappointing two of the five consider new appointment and/or reappointing two of the five La Porte Area Water AuthorityLa Porte Area Water Authority directors; David Brady to replace David Janda and reappointing Ken Schlather, with twodirectors; David Brady to replace David Janda and reappointing Ken Schlather, with two--year terms expiring year terms expiring August 31, 2016, or until successors have been appointed and qualified.  August 31, 2016, or until successors have been appointed and qualified.   Regarding the ––consider new appointments or reappointing Mike consider new appointments or reappointing Mike La Porte Development Corporation BoardLa Porte Development Corporation Board Clausen, Jay Martin and Mike Cooksley with twoClausen, Jay Martin and Mike Cooksley with two--year terms expiring August 31, 2016, or until successors have year terms expiring August 31, 2016, or until successors have been appointed and qualified.  been appointed and qualified.   Regarding the ––consider new appointments or reappointing Jack consider new appointments or reappointing Jack La Porte Fire Code Review CommitteeLa Porte Fire Code Review Committee Oliphant (District 1); Lester Clark (District 6); Paul Vige (At Large B); with threeOliphant (District 1); Lester Clark (District 6); Paul Vige (At Large B); with three--year terms expiring August 31, year terms expiring August 31, 2017, or until a successor has been appointed and qualified.   2017, or until a successor has been appointed and qualified.    Regarding the –– La Porte Fire Control Prevention & Emergency Medical Services District BoardLa Porte Fire Control Prevention & Emergency Medical Services District Board consider new appointments or reappointing Danny Campise, Thomas Dye III, and Johnny Jones with twoconsider new appointments or reappointing Danny Campise, Thomas Dye III, and Johnny Jones with two--year year terms expiring August 31, 2016, or until successors have been appointed and qualified.  terms expiring August 31, 2016, or until successors have been appointed and qualified.   Regarding the ––consider new appointments or reappoint Abdul R. Moosa, M.D. consider new appointments or reappoint Abdul R. Moosa, M.D. La Porte Health AuthorityLa Porte Health Authority and Alternate Robert D. Johnston, M.D., for a threeand Alternate Robert D. Johnston, M.D., for a three--year term expiring August 31, 2017, or until successors have year term expiring August 31, 2017, or until successors have been appointed and qualified. been appointed and qualified.  Regarding the ––consider new appointments or reappointing Dave consider new appointments or reappointing Dave La Porte Redevelopment AuthorityLa Porte Redevelopment Authority Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 7; with Turnquist to Position 2; Horace Leopard to Position 4; J.J. Meza to Position 6; and Chester Pool to Position 7; with two‑year terms expiring August 31, 2016, or until successors have been appointed and qualified.  year terms expiring August 31, 2016, or until successors have been appointed and qualified.   Regarding the ––consider new appointments Trey Kendrick, District 1; Nick consider new appointments Trey Kendrick, District 1; Nick Planning and Zoning CommissionPlanning and Zoning Commission Barrera, At‑Large B; and new appointment or reappointing Les Bird, District 6 for a threeLarge B; and new appointment or reappointing Les Bird, District 6 for a three--year term expiring year term expiring August 30, 2017, the year the term of the councilmember who appointed them ends.  August 30, 2017, the year the term of the councilmember who appointed them ends.   Please be reminded the following three Planning and Zoning Commission positions are off schedule according to Please be reminded the following three Planning and Zoning Commission positions are off schedule according to the ordinance. The ordinance states that each appointeethe ordinance. The ordinance states that each appointee’’s term should coincide with the appointing s term should coincide with the appointing CouncilmemberCouncilmember’’s term. The terms should be ending in 2015. In order to accomplish this, Council may want to s term. The terms should be ending in 2015. In order to accomplish this, Council may want to appoint them for a oneappoint them for a one--year term and have them come back before you again in August 2015.year term and have them come back before you again in August 2015.  Consider new appointments or reappointing Hal Lawler as Chair; Richard Warren to District 2; and Helen La Consider new appointments or reappointing Hal Lawler as Chair; Richard Warren to District 2; and Helen La Cour to District 3; with oneCour to District 3; with one--year terms expiring August 30, 2015, or until successors have been appointed and year terms expiring August 30, 2015, or until successors have been appointed and qualified.   Regarding the ––consider new consider new Southeast Texas Housing Finance Corporation Board of DirectorsSoutheast Texas Housing Finance Corporation Board of Directors appointment or reappointing Betty Moore as a director with a oneappointment or reappointing Betty Moore as a director with a one--year term expiring on August 31, 2015, or until a year term expiring on August 31, 2015, or until a successor has been appointed and qualified.  successor has been appointed and qualified.   Regarding the ––consider new appointments or reappointing Alt. 1 Nettie Warren consider new appointments or reappointing Alt. 1 Nettie Warren Zoning Board of AdjustmentZoning Board of Adjustment and Alt. 2 Doug Martin for a threeand Alt. 2 Doug Martin for a three--year term expiring 08/31/2017. year term expiring 08/31/2017. Action Required of Council:Action Required of Council: Consider making appointments to boards, committees and commissions. Consider making appointments to boards, committees and commissions.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Council Agenda Item August 25, 2014 9. (a)Receive report of La Porte Development Corporation Board Councilmember Engelken ***********************************************************************************