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HomeMy WebLinkAbout12-08-14 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 December 8, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held December 8, 2014, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2014, 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 Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Michael Thannisch, Congregation Benim Avraham.The invocation will be given by Michael Thannisch, Congregation Benim Avraham.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognition Recognition -- City of La Porte Fire Department Medal of Valor City of La Porte Fire Department Medal of Valor -- Mayor Rigby Mayor Rigby (b)(b)Recognition Recognition Recognition Recognition -- Employee of the (Third) Quarter Employee of the (Third) Quarter Employee of the (Third) Quarter Employee of the (Third) Quarter -- Sergeant Lance Cook (Criminal Sergeant Lance Cook (Criminal Sergeant Lance Cook (Criminal Sergeant Lance Cook (Criminal Investigations) Investigations) -- Mayor Rigby Mayor Rigby 5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) 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.) (a)Consider approval or other action regarding minutes of the regular city council meeting held Consider approval or other action regarding minutes of the regular city council meeting held on November 10, 2014 on November 10, 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action of a Resolution appointing one representative and one Consider approval or other action of a Resolution appointing one representative and one alternate to the Halternate to the H--GAC 2015 General Assembly and Board of Directors GAC 2015 General Assembly and Board of Directors -- P. Fogarty P. Fogarty (c)Consider approval or other action authorizing the City Manager to execute a revised Consider approval or other action authorizing the City Manager to execute a revised agreement between the City of La Porte and the La Porte Girl's Softball Association regarding agreement between the City of La Porte and the La Porte Girl's Softball Association regarding the use of Designated Facilities at Little Cedar Bayou Park the use of Designated Facilities at Little Cedar Bayou Park -- R. Epting R. Epting (d)Consider approval or other action regarding Ordinances 2007Consider approval or other action regarding Ordinances 2007--IDAIDA--138 and 2007138 and 2007-IDA-139 executing Industrial District Agreements between the City of La Porte and Vigavi Realty, LLC. executing Industrial District Agreements between the City of La Porte and Vigavi Realty, LLC. - K. PowellK. Powell (e)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi Realty, LLC for its development at 11800 Fairmont Parkway in the Bayport Industrial District Realty, LLC for its development at 11800 Fairmont Parkway in the Bayport Industrial District - T. TietjensT. Tietjens (f)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its development at 4130 New West Drive in the Bayport Industrial Partners Sub 51, LLC for its development at 4130 New West Drive in the Bayport Industrial District District -- T. Tietjens T. Tietjens (g)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Service Agreement with GSL Partners execute a Water Service Agreement and a Sanitary Service Agreement with GSL Partners Sub 51, LLC for its development at 9655 New Century Drive in the Bayport Industrial District Sub 51, LLC for its development at 9655 New Century Drive in the Bayport Industrial District - T. TietjensT. Tietjens (h)Consider approval or other action regarding an Ordinance vacating, abandoning and closing Consider approval or other action regarding an Ordinance vacating, abandoning and closing the North 1st Street and North 2nd Street Rightsthe North 1st Street and North 2nd Street Rights--ofof--Way between North 'L' Street and Union Way between North 'L' Street and Union Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners for Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners for the subject rightsthe subject rights--ofof--way way -- T. Tietjens T. Tietjens (i)Consider approval or other action awarding RFP #14504 for Debris Removal Consider approval or other action awarding RFP #14504 for Debris Removal -- J. Suggs J. Suggs (j)Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-2015 through Texas BuyBoard through Texas BuyBoard -- D. Mick D. Mick (k)Consider approval or other action awarding Bid #15004 for Plastic Garbage Bags Consider approval or other action awarding Bid #15004 for Plastic Garbage Bags -- D. Mick (l)Consider approval or other action to roll over the requested encumbrances from Fiscal Year Consider approval or other action to roll over the requested encumbrances from Fiscal Year 2014 to Fiscal Year 2015 2014 to Fiscal Year 2015 -- M. Dolby M. Dolby 7.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a)(a)Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Public Hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an amendment to the City of La Porte's Future Land Use Map from Commission to approve an amendment to the City of La Porte's Future Land Use Map from Large Lot Residential (LL),  to LowLarge Lot Residential (LL),  to Low--Density Residential (RDensity Residential (R--1) 1) -- E. Ensey E. Ensey (b)Consider approval or other action regarding an Ordinance adopting an update to the Future Consider approval or other action regarding an Ordinance adopting an update to the Future land Use Plan Component of the Comprehensive Plan of the City of La Porte for a tract of land land Use Plan Component of the Comprehensive Plan of the City of La Porte for a tract of land owned by Joe Chambers owned by Joe Chambers -- E. Ensey E. Ensey (c)Public Hearing to receive comments regarding recommendations by Planning and Zoning Public Hearing to receive comments regarding recommendations by Planning and Zoning Commission to approve Rezone Request #14Commission to approve Rezone Request #14--92000003 for the rezoning of a 0.380 acres 92000003 for the rezoning of a 0.380 acres located on the south side of Bois D'Arc Drive located on the south side of Bois D'Arc Drive -- E. Ensey E. Ensey (d)Consider approval or other action regarding an Ordinance amending Chapter 106 Zoning of Consider approval or other action regarding an Ordinance amending Chapter 106 Zoning of the Code of Ordinances of the City of La Porte by changing the zoning classification from the Code of Ordinances of the City of La Porte by changing the zoning classification from Large Lot District (LL) to Low Density Residential District (RLarge Lot District (LL) to Low Density Residential District (R--1) for a 0.380 acre tract of land 1) for a 0.380 acre tract of land located on the south side of Bois D'Arc Drive located on the south side of Bois D'Arc Drive -- E. Ensey E. Ensey 8.REPORTSREPORTS (a)Receive report of La Porte Development Corporation Board Receive report of La Porte Development Corporation Board -- Councilmember Engelken Councilmember Engelken 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 •La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, Wednesday, December 10, 2014 Wednesday, December 10, 2014 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 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 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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   11.EXECUTIVE SESSIONEXECUTIVE SESSION  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, in accordance with the authority contained in:Code, in accordance with the authority contained in:   Texas Government Code, Section 551.072Texas Government Code, Section 551.072––For the purpose of deliberating the purchase, For the purpose of deliberating the purchase, exchange, lease or value of real property: former Parks and Wildlife Building surrounding property.exchange, lease or value of real property: former Parks and Wildlife Building surrounding property. Texas Government Code, Section 551.071(1)(A)Texas Government Code, Section 551.071(1)(A)-- Consultation with City Attorney: Pending or Consultation with City Attorney: Pending or Contemplated Litigation Contemplated Litigation -- Michael Williams vs. City of La Porte. Michael Williams vs. City of La Porte. 12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive session.session.   13.ADJOURNADJOURN 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 December 8, 2014, agenda of items to be considered by the City Council was posted on the City I certify that a copy of the December 8, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on December 2, 2014.Hall bulletin board on December 2, 2014. Patrice FogartyPatrice Fogarty Council Agenda Item Council Agenda Item December 8, 2014 December 8, 2014 1.CALL TO ORDERCALL TO ORDER 2.INVOCATIONINVOCATION––The invocation will be given by Michael Thannisch, Congregation Benim Avraham.The invocation will be given by Michael Thannisch, Congregation Benim Avraham.   3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE––The Pledge of Allegiance will be led by Councilmember Mike Clausen.The Pledge of Allegiance will be led by Councilmember Mike Clausen.   4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognition Recognition -- City of La Porte Fire Department Medal of Valor City of La Porte Fire Department Medal of Valor -- Mayor Rigby Mayor Rigby (b)Recognition Recognition -- Employee of the (Third) Quarter Employee of the (Third) Quarter -- Sergeant Lance Cook (Criminal Sergeant Lance Cook (Criminal Investigations) Investigations) -- Mayor Rigby Mayor Rigby 5.5.PUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) (Limited to five minutes per person.) ****************************************************************** ****************************************************************** On June 18, 2013 La Porte Fire and EMS were dispatched to a major accident at the intersection of Hwy 225 and Hwy 146. The report was that an eighteen wheeler had overturned on the interchange elevated roadway and had fallen to the feeder road below. The first arriving unit reported that there was a visible gas release from the overturned eighteen wheeler that had fallen and that there was a patient visibly trapped in the wreckage. There was also brush on fire approximately fifty yards from the wreck. This scene scenario. The situation at hand was a perfect storm of the elements needed to have a very large explosion and certain loss of life for the two patients that were trapped in the truck. These firefighters entered the hazard area, found both occupants of the truck that were unable to remove themselves and carried them to the awaiting paramedics outside of the hazard area. EMS took over treatment and the patients were flown to trauma centers. At last report, both patients were recovering from their injuries. to make a decision about whether to act or back away. This was one of those situations and on this day in June, five responders made the decision to act. Training and sheer determination drove these five individuals to place themselves at risk of injury or even death, to save the lives of two truck drivers. For this heroic act, the La Porte Fire Department awarded Vanessa Villafuerte, Antonio Elko, Ronnie Thibodeaux, Tyler McElroy, and Daniel West with the Fire Department Medal of Valor. Please join me in congratulating these firefighters for their outstanding and brave performance in the line of duty. %¬¯«®¸¤¤ ®¥ ³§¤ Β 1´ ±³¤± ±£ 3¤±¦¤ ­³ #®®ª )³ ¨² ¬¸ ¯«¤ ²´±¤ ³® ±¤¢®¦­¨¹¤ 3¦³ȁ , ­¢¤ #®®ª  ² %¬¯«®¸¤¤ ®¥ ³§¤ Β 1´ ±³¤±ȁ ±£ $´±¨­¦ §¨² ³¨¬¤ ¶¨³§ ³§¤ ,  0®±³¤ 0®«¨¢¤ $¤¯ ±³¬¤­³Ǿ 3¦³Ǿ #®®ª § ² ²¤±µ¤£  ² 0 ³±®« 3¤±¦¤ ­³  ­£ ¨² ¢´±±¤­³«¸ ²¤±µ¨­¦  ² #±¨¬¨­ « )­µ¤²³¨¦ ³¨®­² 3¤±¦¤ ­³ȁ 7§¨«¤  ¢³¨­¦  ²   0 ³±®« 3¤±¦¤ ­³Ǿ 3¤±¦¤ ­³ #®®ª ¶ ²  ²²¨¦­¤£ ³§¤ ³ ²ª ®¥ ²´¯¤±µ¨²¨­¦ ³§¤ ͓(®³ 3¯®³²͓ ¯±®¦± ¬ȁ 4§¨²  ²²¨¦­¬¤­³ ±¤°´¨±¤£ §¨¬ ³® ª¤¤¯ ¢«®²¤ ³ ¡² ®­ ¢±¨¬¤² ®¢¢´±±¨­¦ ¶¨³§¨­ ³§¤ ¢¨³¸  ­£ ¬ ª¤  ²²¨¦­¬¤­³² ³® ¢®¬¡ ³  ­¸ ¢±¨¬¤ ³±¤­£²ȁ 3¨­¢¤ ³± ­²¥¤±±¨­¦ ³® #)$Ǿ 3¦³ #®®ª ¢®­³¨­´¤² ³® ¡¤ ®µ¤± ³§¤ ͓(®³ 3¯®³͓ ¯±®¦± ¬  ­£ § ² ³ ª¤­ ¨³ ³®   ­¤¶ «¤µ¤«ȁ )­ ³§¤ ¯ ²³ ¸¤ ±Ǿ 3¦³ #®®ª ³®®ª ¨³ ´¯®­ §¨¬²¤«¥ ³® «®®ª ¨­³® ¤°´¨¯¬¤­³ ³§ ³ ¢®´«£ ¡¤ ´²¤¥´« ¨­ ³§¤  ¯¯±¤§¤­²¨®­ ®¥ ¢±¨¬¨­ «²ȁ 4§¨² ¤°´¨¯¬¤­³ ¶ ² ¯´±¢§ ²¤£  ­£ 3¦³ #®®ª ³®®ª ®µ¤± ³§¤ ±¤²¯®­²¨¡¨«¨³¸ ®¥ £¤³¤±¬¨­¨­¦ ¶§¤­Ǿ ¶§¤±¤  ­£ §®¶ ³§¤ ¤°´¨¯¬¤­³ ²§®´«£ ¡¤ £¤¯«®¸¤£ ¡¸ ²³´£¸¨­¦ ¢±¨¬¤ ³±¤­£²  ­£ ¯ ³³¤±­²ȁ )­ §¨² ¢´±±¤­³ ¯®²¨³¨®­  ² #)$ 3¤±¦¤ ­³Ǿ #®®ª ¨² ±¤²¯®­²¨¡«¤ ¥®± ±¤µ¨¤¶¨­¦  «« ®¥¥¤­²¤ ±¤¯®±³²  ­£ £¤³¤±¬¨­¨­¦ ¶§¨¢§ ¢ ²¤² ¶¨«« ¡¤  ²²¨¦­¤£ ³®   $¤³¤¢³¨µ¤ȁ - ­¸ ³¨¬¤²Ǿ ¶§¤­ $¤³¤¢³¨µ¤² ¢ ²¤ «® £²  ±¤ §¨¦§Ǿ 3¦³ #®®ª ¶¨««  ²²¨¦­ §¨¬²¤«¥   ¢ ²¤ ³® ¤ ²¤ ³§¤ «® £ ®¥ ³§¤ ®³§¤± $¤³¤¢³¨µ¤²ȁ $´±¨­¦ ³§¤ ¯±®¢¤²² ®¥ ±¤µ¨¤¶¨­¦ ¢ ²¤²Ǿ 3¦³ #®®ª ¥±¤°´¤­³«¸ ¦®¤²   ²³¤¯ ¥´±³§¤±  ­£  ¢³´ ««¸ ¦®¤² ³®   ¡´²¨­¤²² ³® ¬¤¤³ ¯¤±²®­ ««¸ ¶¨³§ ³§¤ ¡´²¨­¤²² ®¶­¤±  ¡®´³ ³§¤¨± ¢ ²¤ ³®  ²²´±¤ ³§¤¬ ³§ ³ ³§¤¨± ¢ ²¤ ¨² ¡¤¨­¦ ¨­µ¤²³¨¦ ³¤£ ³§®±®´¦§«¸  ­£ ³® ¯±®µ¨£¤  £µ¨¢¤ ®­ §®¶ ­®³ ³® ¡¤ µ¨¢³¨¬¨¹¤£  ¦ ¨­ȁ 3¦³ #®®ª͒² ¤·³±  ¤¥¥®±³ ¶¨³§ ³§¤²¤ ¨­£¨µ¨£´ «² «¤ µ¤²   ¯®²¨³¨µ¤ ¨¬¯±¤²²¨®­ ®¥ ³§¤ #±¨¬¨­ « )­µ¤²³¨¦ ³¨®­² $¨µ¨²¨®­Ǿ ³§¤ 0®«¨¢¤ $¤¯ ±³¬¤­³  ­£ ³§¤ #¨³¸ ®¥ ,  0®±³¤ȁ 3¦³ #®®ª ²§®´«£ ¡¤ ¢®¬¬¤­£¤£ ¥®± §¨² ¯®²¨³¨µ¤  ³³¨³´£¤Ǿ ¤·¤¬¯« ±¸ ¯¤®¯«¤ ²ª¨««²Ǿ §¨² ¥®±¤²¨¦§³  ­£ ¤ ¦¤±­¤²² ³® ¡¤ ¯±® ¢³¨µ¤  ­£ §¨² £¤²¨±¤ ³® ²¤±µ¤ ³§¤ ¢¨³¨¹¤­² ®¥ ,  0®±³¤ȁ (¤ ¨²   ²§¨­¨­¦ ¤· ¬¯«¤ ®¥ ¢´²³®¬¤± ²¤±µ¨¢¤ȁ (¤ ¨²  «¶ ¸² ¶¨««¨­¦  ­£ ¤ ¦¤± ³® ¦®  ¡®µ¤  ­£ ¡¤¸®­£ §¨² ­®±¬ « £´³¨¤² ³® ¯«¤ ²¤ ³§¤ ¢´²³®¬¤±Ǿ ¶§¤³§¤± ³§¤ ¢´²³®¬¤± ¨²   ¢¨³¨¹¤­Ǿ   ²´¡®±£¨­ ³¤ ®±   ²´¯¤±µ¨²®±ȁ 4§¤ ¶®±£²Ǿ ͓³§ ³ ¨² ­®³ ¬¸ ©®¡͓  ±¤ ­®³ ¨­ 3¦³ #®®ª͒² µ®¢ ¡´« ±¸ȁ Council Agenda Item Council Agenda Item December 8, 2014 December 8, 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.) (a)Consider approval or other action regarding minutes of the regular city council meeting held Consider approval or other action regarding minutes of the regular city council meeting held on November 10, 2014 on November 10, 2014 -- P. Fogarty P. Fogarty (b)Consider approval or other action of a Resolution appointing one representative and one Consider approval or other action of a Resolution appointing one representative and one alternate to the Halternate to the H--GAC 2015 General Assembly and Board of Directors GAC 2015 General Assembly and Board of Directors -- P. Fogarty P. Fogarty (c)Consider approval or other action authorizing the City Manager to execute a revised Consider approval or other action authorizing the City Manager to execute a revised agreement between the City of La Porte and the La Porte Girl's Softball Association regarding agreement between the City of La Porte and the La Porte Girl's Softball Association regarding the use of Designated Facilities at Little Cedar Bayou Park the use of Designated Facilities at Little Cedar Bayou Park -- R. Epting R. Epting (d)(d)Consider approval or other action regarding Ordinances 2007Consider approval or other action regarding Ordinances 2007Consider approval or other action regarding Ordinances 2007Consider approval or other action regarding Ordinances 2007----IDAIDAIDAIDA----138 and 2007138 and 2007138 and 2007138 and 2007--IDAIDA--139 139 executing Industrial District Agreements between the City of La Porte and Vigavi Realty, LLC. executing Industrial District Agreements between the City of La Porte and Vigavi Realty, LLC. -- K. Powell K. Powell (e)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi Realty, LLC for its development at 11800 Fairmont Parkway in the Bayport Industrial District Realty, LLC for its development at 11800 Fairmont Parkway in the Bayport Industrial District - T. TietjensT. Tietjens (f)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its development at 4130 New West Drive in the Bayport Industrial Partners Sub 51, LLC for its development at 4130 New West Drive in the Bayport Industrial District District -- T. Tietjens T. Tietjens (g)Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to execute a Water Service Agreement and a Sanitary Service Agreement with GSL Partners execute a Water Service Agreement and a Sanitary Service Agreement with GSL Partners Sub 51, LLC for its development at 9655 New Century Drive in the Bayport Industrial District Sub 51, LLC for its development at 9655 New Century Drive in the Bayport Industrial District - T. TietjensT. Tietjens (h)Consider approval or other action regarding an Ordinance vacating, abandoning and closing Consider approval or other action regarding an Ordinance vacating, abandoning and closing the North 1st Street and North 2nd Street Rightsthe North 1st Street and North 2nd Street Rights--ofof--Way between North 'L' Street and Union Way between North 'L' Street and Union Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners for Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners for the subject rightsthe subject rights--ofof--way way -- T. Tietjens T. Tietjens (i)Consider approval or other action awarding RFP #14504 for Debris Removal Consider approval or other action awarding RFP #14504 for Debris Removal -- J. Suggs J. Suggs (j)Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-2015 through Texas BuyBoard through Texas BuyBoard -- D. Mick D. Mick (k)Consider approval or other action awarding Bid #15004 for Plastic Garbage Bags Consider approval or other action awarding Bid #15004 for Plastic Garbage Bags -- D. Mick (l)Consider approval or other action to roll over the requested encumbrances from Fiscal Year Consider approval or other action to roll over the requested encumbrances from Fiscal Year 2014 to Fiscal Year 2015 2014 to Fiscal Year 2015 -- M. Dolby M. Dolby ****************************************************************** ****************************************************************** LOUIS RIGBY Mayor DARYL LEONARD JOHN ZEMANEK Councilmember District 3 Councilmember At Large A TOMMY MOSER DOTTIE KAMINSKI Councilmember District 4 Mayor Pro Tem JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP MIKE CLAUSEN Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 10, 2014 Monday, November 10, 2014, The City Council of the City of La Porte met in a regular meeting on at the City 6:00 p.m Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at . to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Earp, Zemanek, Moser, Engelken, Leonard and Martin. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Don Hill, La Porte InterChurch Council. 3. PLEDGE OF ALLEGIANCE -The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognitions City University Participants Mayor Rigby Mayor Rigby recognized City University graduates: Alfred Baber; Chad French; Mary Gay; Kim Guarino; Linda Mather; Nancy Ojeda; Dan Parker; Ronald Perry; Ken Rose; Aubry Sartori; Brenda Thompson; Edward Thompson; George Watkins and William Davis. 5.PUBLIC COMMENTS (Limited to five minutes per person.) Richard Warren, 8730 Collingsdale, thanked Council for attending the annual Harvest Festival on Saturday night. Prinisha Bhatt, 908 W. G St., addressed Council on behalf of Holiday Inn Express in La Porte with concerns of transportation for the tourists that are coming to La Porte. Ms. Bhatt informed Council the City of Deer Park is looking at shuttle services in their City and requested Council to consider doing the same. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the Regular Meeting held on October 27, 2014 P. Fogarty 110 Page of November 10, 2014, Council Meeting Minutes (b) Consider approval or other action regarding a Resolution amending the City of La Porte, Texas, Investment Policy M. Dolby (c) Consider approval or other action regarding a Resolution authorizing the resale of certain tax delinquent properties located in Block 724, Lots 26, 27, & 28; Block 724, Lots 21 & 22 (located th on 16, between Main and W. A St.) and Block 988, Lots 34 & 35; Block 988, Lot 3, (Lobit north of Main), Town of La Porte K. Powell (d) Consider approval or other action regarding the adoption of a Local Bidder Preference Policy M. Dolby (e) Consider approval or other action regarding proposed la Porte Fire Control, Prevention, and Emergency Medical Services District 2014-2015 budget amendment, as approved by the Board of Directors of the District at the meeting of October 20, 2014 R. Nolen (f) Consider approval or other action authorizing the City Manager to execute an agreement for participation in the Regional DWI Task Force and to amend the Fiscal Year 2014-2015 Budget to increase the Grant account K. Adcox (g) Consider approval or other action regarding the Fiscal Year 2014 audit/asset forfeiture report and associated financial records as required by Chapter 59 of the Texas Code of Criminal Procedure K. Adcox (h) 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 Arena and Facilities at Lomax Park R. Epting (i) Consider approval or other regarding Reservation and Damage Deposit Fee, in connection with Rental and Livestock and Rodeo Arena - R. Epting (j) Consider approval or other action authorizing Staff to accept quotes from Kraftsman Commercial Playgrounds & Water parks for City splash parks R. Epting (k) Consider approval or other action authorizing the City Manager to enter into a Professional th Services Contract with Cobb, Fendley & Associates, Inc., for D Street and 4 Street Paving and Drainage Improvements D. Mick (l) Consider approval or other action regarding purchase of vehicle and equipment replacement through the HGAC Buy Board D. Mick (m) Consider approval or other action awarding Bid # 15003 for Fiscal Year Concrete Street Repairs D. Mick Regarding Item B, Councilmember Earp asked who are the members of the Fiscal Affairs Committee who review the investments. Staff responded the regular members are Councilmembers Engelken, Leonard, and Moser; and the Alternate Members are Councilmembers Martin and Kaminski. 210 Page of November 10, 2014, Council Meeting Minutes Regarding Item D, Mayor Rigby asked if the 5% discount is considered if a vendor bids over $500,000.00. Assistant City Attorney Clark Askins responded over $500,000.00 triggers a 3% consideration. Councilmember Earp asked if best value criteria can be used when awarding a bid. Assistant City Attorney Askins responded best value cannot be used because it is a different criteria than local bidder rules. Councilmember Leonard asked which criteria will be used if one vendor bids $515,000.00 and another vendor bids $499,000.00 on a $520,000.00 project? Assistant City Attorney Askins responded the State Statue does not address that question, and Council can come back with a separate rule to address the question. Councilmember Moser asked if the proposed Local Bidder Preference Policy is approved, will bids still come before City Council. Finance Director Michael Dolby responded yes. Councilmember Zemanek asked about a business owner who lives in La Porte and owns a business located in another city, that means the business owner does not qualify as a local business. Finance Director Michael Dolby responded correct. Councilmember Engelken commented the proposed Local Bidder Preference Policy was discussed at length at the recent Fiscal Affairs Committee, and it was the general consensus it may help stimulate local businesses and projects thus allowing a better opportunity to bid because they may not have the same resources as large businesses. Mayor Rigby requested the item be voted on separately. Regarding Item F, Councilmember Earp asked why the Regional DWI Task Force agreement with HGAC has the authority to cancel the agreement without notification but requires the City to give a 30-day notice and their Executive Director has final decisions on any disputes. Chief of Police Ken Adcox responded it has been the same standard state contract for the past five years without any issues. Regarding Item H, Councilmember Leonard asked if individuals operating a business or receiving payments for services during Open Riding are being charged a fee for using the facility. Parks and Recreation Director Rosalyn Epting responded no. Councilmember Earp commented individuals running a business on City time should be paying a fee. Councilmember Zemanek moved to approve the Consent Agenda Items A,B,C,E,F,G,H,I,J,K,L and M MOTION PASSED. pursuant to staff recommendations. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Ordinance 2014-3550: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN AND ADJUSTING RESERVATION AND DAMAGE DEPOSIT FEE, IN CONNECTION WITH RENTAL OF LIVESTOCK AND RODEO ARENA, AND AMENDING APPENDIX OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUS; 310 Page of November 10, 2014, Council Meeting Minutes FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mayor Rigby requested staff bring back Item D with better clarification on threshold amounts, discounts and workforce headquarters being located in La Porte. Councilmember Moser moved to postpone Item D until staff brings back information to Council. MOTION PASSED. Councilmember Engelken seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None 410 Page of November 10, 2014, Council Meeting Minutes 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to Ordinances in connection with a comprehensive T. Tietjens/E. Ensey Planning and Development Director Tim Tietjens opened discussions by presenting background. City Planner Eric Ensey reviewed significant changes prior to taking public comments. Permitted, Mayor Rigby advised he could not find the definition of outdoor storage in Sec. 106-511 accessory, and special conditional uses . City Planner Eric Ensey responded outdoor storage is Commercial Performance Standards, referenced in Sec. 106-444 but there is not a definition for what outdoor storage is. Planning and Development Director Tim Tietjens advised the definition can be added. City Planner Eric Ensey clarified that the outside storage mentioned in 106-511 is just in the Main Street Overlay district. Councilmember Earp asked if design roofs can be any color. City Planner Eric Ensey responded yes. Councilmember Zemanek asked if the City and La Porte Chamber of Commerce will still be able to display banners advertising across power lines. Planning and Development Director Tim Tietjens responded it is the same as it has been, and no new changes have been proposed. The public hearing was opened at 6:40 p.m. Phillip Hoot, 927 Seabreeze, addressed Council and provided information and an update as a member while serving on the Chapter 106 (Zoning) Subcommittee. Councilmember Zemanek questioned Mr. Hoot if the subcommittee reviewed Sec. 106-877, Temporary signs . Mr. Hoot responded not as it relates to signs, but another review will be starting in March or April 2015. address any changes to the Tree Fund because their Richard Warren, 8730 Collingsdale, addressed Council as a member of the Chapter 106 (Zoning) Subcommittee and informed Council a great amount of information was reviewed; and he enjoyed working with everyone. Mayor Rigby asked Council if there are any other items to be addressed besides the trees, outdoor storage and temporary signs. There being no additional Council or public comments, the public hearing closed at 7:54 p.m. (b) Consider approval or other action regarding an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter 106, Zoning. 510 Page of November 10, 2014, Council Meeting Minutes Councilmember Earp moved to approve an Ordinance amending Chapter 106, Zoning of the Code of Ordinances of the City of La Porte in connection with a comprehensive review and update to Chapter MOTION PASSED. 106, Zoning, as written. Councilmember Moser seconded. Ayes: Mayor Rigby, Councilmembers Engelken, Moser, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: None Absent: None Ordinance 2014-3551: Prior to council action, Assistant City Attorney Clark Askins read the caption of AN PORTE IN ITS ENTIRETY IN CONNECTION WITH COMPREHENSIVE REVIEW AND UPDATE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance - D. Mick Public Works Director Dave Mick presented a summary. Councilmember Clausen asked if the item is being discussed because restaurants are requesting fees be lowered. Public Works Director Dave Mick responded a restaurant owner has questioned whether restaurants should be included in the Industrial Waste Ordinance. Councilmember Clausen asked where schools are placed in the Industrial Waste Ordinance. Mr. Mick responded there is no surcharge on schools. Councilmember Martin asked if the City of Deer Park does not include restaurants in their Industrial Waste Ordinance as stated in an email from the owner of nt. Public Works Director Dave Mick responded Councilmember Martin questioned where the BOD (Biochemical Oxygen Demand) figures come from. Mr. Mick and Industrial Waste Inspector Pam Kroupa respondedhe contract laboratories hired by restaurants. Councilmember Martin commented he may be in favor of a different rate for food establishments. Councilmember Kaminski asked if the City of Baytown is doing the same with surcharge fees. Public Works Director Dave Mick responded the City of Baytown has the same formula. Councilmember Kaminski questioned how long has the process been in place. Mr. Mick responded the formulas have been in place for decades; the operation and maintenance changes over the years, based on the current budget. Councilmember Moser asked if the restaurants are allowed the get the BOD (Biochemical Oxygen Demand) figures retested to see if the rate can be reduced, or do they have to wait for a period of time. Mr. Mick responded yes they can get a retest; and it varies case by case and the time period depends on what the restaurant needs to do. Industrial Waste Inspector Pam Kroupa added when a test result comes in bad, it is usually due to it being sampled in the wrong place; and the restaurant does not have to wait three weeks to do a retest. Ms. Kroupa stated that requesting an establishment to wait three 610 Page of November 10, 2014, Council Meeting Minutes weeks is part of the corrective action if they have to clean a grease trap. Councilmember Moser asked it the retest is good, is the bill readjusted. Ms. Kroupa responded yes. Councilmember Zemanek asked if the Industrial Waste surcharge Ordinance was established for the truck washing facilities in town. Public Works Director Dave Mick responded yes that is his 710 Page of November 10, 2014, Council Meeting Minutes understanding. Councilmember Zemanek commented homeowners are placing more solids in the system than restaurants and are not paying surcharge fees. Public Works Director Dave Mick responded the formula is set up for a facility discharging more BOD (Biochemical Oxygen Demand) and more total solids than a single resident would on average. Councilmember Zemanek commented he does not have a solution for tonight, but the restaurants are being tagged too hard. Councilmember Leonard asked if meters can be used to monitor the amount of waste. Public Works Director Dave Mick responded meters can be used to monitor the effluent volume. Councilmember Leonard asked if the restaurants are required by law to have grease traps. Mr. Mick responded yes. Councilmember Zemanek questioned why a surcharge is being used to cover the cost for an employee. Councilmember Clausen commented he is not against lessening the surcharge rate but thinks the program should continue. Mayor Rigby asked how many restaurants complained about the surcharges. Public Works Director Mick responded two have reached his desk in the last four years, and one was not the surcharge issue. Rigby commented the system is working the way it should, and he is not in favor of changing it. Councilmember Martin questioned how often the restaurants are read. Mr. Mick responded annually. Councilmember Leonard asked how much does it cost to run the test. Industrial Waste Inspector Pam Kroupa responded $40.00. Councilmember Leonard commented he does not have a problem with charging for their emissions, Councilmember Zemanek asked if residential or commercial is the largest contributor with sewer lines in the treatment plant. Assistant Public Works Director Don Pennell responded residents are the largest contributor to the loading of the treatment plant. Councilmember Zemanek moved for staff to revisit the item and bring back a more suitable formula for the commercial restaurant businesses in the City of La Porte. Councilmember Leonard seconded. MOTION PASSED. Ayes: Councilmembers Engelken, Zemanek, Clausen, Kaminski, Earp, Leonard and Martin Nays: Councilmember Moser and Mayor Rigby Absent: None (b) Discussion regarding the current parkland provisions of Development Ordinance 1444 as it relates to assessing fees for individual dwelling units T. Tietjens Planning and Development Director Tim Tietjens presented a summary. Mayor Rigby advised he requested the item be placed on the agenda for discussion. Mayor Rigby advised he has been approached by individuals building single family homes, not developments; and they are required to pay too costly of a fee for the parkland provisions of the Development Ordinance. Councilmember Leonard commented he think it is ridiculous to charge a fee for parkland provisions on an individuals property. 810 Page of November 10, 2014, Council Meeting Minutes Councilmember Martin questioned if a landowner of property wanted to build three homes, does it qualify as a development? Planning and Development Director Tim Tietjens responded it is written in the ordinance for parkland provisions for a single unit or above. Councilmember Martin commented he would like to see a different level for single family homes. Councilmember Martin asked how much funds for parks are in each district in the City. Parks and Recreation Director Rosalyn Epting advised she will get the information for City Council. Planning and Development Director Tim Tietjens asked Council at what level would they be comfortable with the number of units being defined as a subdivision. Mr. Tietjens informed it is presently defined as 1 through 92. Councilmember Leonard asked if there is a state-wide definition for a subdivision. Mr. Tietjens responded yes, two or more contiguous lots. Mayor Rigby questioned if the fee of $808.00 per unit built or per lot. Mr. Tietjens responded per unit accessed at the time of permitting construction. Mr. Tietjens informed a legal subdivision is two or more lots; and if it is not a plat, it is not a subdivision. Mr. Tietjens clarified when you build one home on a 5-acres tract, the fee is $808.00; and if 5 homes are built on 5 acres, the fee is $808.00 times 5. Councilmember Zemanek commented if a home is being built for resale, the fees should apply. Council directed Planning and Development Director Tim Tietjens to draft an Ordinance addressing two or more contiguous lots. 9. ADMINISTRATIVE REPORTS Zoning Board of Adjustment Meeting, Thursday, November 13, 2014 Planning and Zoning Commission Meeting, Monday, November 17, 2014 Thanksgiving Holidays, Thursday, November 27, 2014 and Friday, November 28, 2014 City Council Meeting, Monday, December 8, 2014 Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 City Manager Corby Alexander thanked the Chapter 106 (Zoning) Subcommittee for their time and efforts. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies Councilmembers Leonard, Engelken, Earp, Clausen, Martin, Moser, Kaminski, Zemanek and Mayor Rigby. Councilmembers Earp, Leonard and Clausen thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee; Councilmember Martin thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee; informed of his attendance of the Rededication of the Houston Ship Channel advised of the taxi services available with Uber; Councilmember Moser thanked the Chapter 106 rd (Zoning) Subcommittee and commented on the nice 33 Annual Harvest Banquet; Councilmember Kaminski thanked the Chapter 106 (Zoning) Subcommittee, the City University Participants; and her rd Annual Harvest Banquet; Councilmember Zemanek thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee rd with Texas History and the 33 Annual Harvest Banquet; the Rededication of the Houston Ship Page 9 of 10 November 10, 2014, Council Meeting Minutes nd Channel and remembered his mother, Jeanne Zemanek. Today would be her 72 birthday and wished nd his in-laws a Happy 52 Anniversary; Councilmember Engelken thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee, wished everyone safe and enjoyable Thanksgiving holidays; and Mayor Rigby thanked the City University Participants and the Chapter 106 (Zoning) Subcommittee and the Planning and Development Department, and commented he also enjoyed the events attended. 11. ADJOURN There being no further business, the meeting adjourned at 9:15 p.m. _______________________________ Patrice Fogarty, City Secretary Passed and approved on December 8, 2014. ________________________________ Mayor Louis R. Rigby 1010 Page of November 10, 2014, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A P. Fogarty P. Fogarty Source of Funds:Source of Funds: Requested By: N/A N/A City Secretary's Office City Secretary's Office 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. Resolution1. Resolution SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS According to HAccording to H--GACGAC’’s bylaws, the City is authorized to select one councilmember as a representative and one as s bylaws, the City is authorized to select one councilmember as a representative and one as an alternate to the Han alternate to the H--GAC General Assembly and Board of Directors.  HGAC General Assembly and Board of Directors.  H--GACGAC’’s bylaws stipulate that the s bylaws stipulate that the representative is also the General Assembly delegate; and as such, is also designated to serve on Hrepresentative is also the General Assembly delegate; and as such, is also designated to serve on H--GACGAC’’s Board s Board of Directors.   The term of office for the 2015 designated representatives begins the first of January. The term of office for the 2015 designated representatives begins the first of January.    The 2014 representative is Chuck Engelken, and the alternate is Jay Martin. The 2014 representative is Chuck Engelken, and the alternate is Jay Martin.    Both have indicated a willingness to serve again should Council desire reBoth have indicated a willingness to serve again should Council desire re--appointment.appointment. Action Required of Council:Action Required of Council: Consider approval or other action of a Resolution appointing one representative and one alternate to the Consider approval or other action of a Resolution appointing one representative and one alternate to the H-GAC 2015 General Assembly and Board of Directors. GAC 2015 General Assembly and Board of Directors.  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 December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A R. Epting R. Epting 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 Agreement with Highlighted 1. Proposed Agreement with Highlighted Amendments Amount RequestedAmendments Amount Requested 2. Final Version of Proposed Agreement2. Final Version of Proposed Agreement SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS With the expiration of the agreement with the La Porte GirlsWith the expiration of the agreement with the La Porte Girls’’Softball Association, an updated agreement was Softball Association, an updated agreement was needed.   Staff has met with the Association and a revised Agreement has been developed.  The revised needed.   Staff has met with the Association and a revised Agreement has been developed.  The revised agreement provides for a five (5) year term with an additional five (5) year extension.agreement provides for a five (5) year term with an additional five (5) year extension.  The agreement is very similar to the previous one, except that there is a paragraph regarding liability that has been  The agreement is very similar to the previous one, except that there is a paragraph regarding liability that has been added as well as a provision for financial safeguards through annual reporting.  This provision is required of the added as well as a provision for financial safeguards through annual reporting.  This provision is required of the other associations as well.other associations as well.  Staff recommends that the revised agreement be approved as presented. Staff recommends that the revised agreement be approved as presented. Action Required of Council:Action Required of Council: Consider approval or other action authorizing the City Manager to execute a revised agreement between the City Consider approval or other action authorizing the City Manager to execute a revised agreement between the City of La Porte and the La Porte Girlof La Porte and the La Porte Girl’’s Softball Association regarding the use of Designated Facilities at Little Cedar s Softball Association regarding the use of Designated Facilities at Little Cedar Bayou 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 GIRL’S SOFTBALL ASSOCIATION REGARDING THE USE OF YOUTH SOFTBALL FACILITIES BECAUSE, the City of La Porte, Texas(the "City") is the owner and operator of various youth softball facilities as part of the parks and recreational facilities of the community; and Because, the La Porte Girl’s Softball Association (the "Association") 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 softball facilities owned by the City; and Because, the City wishes to recognize and commend the 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 youth softball facilities as described in “Exhibit A", which is attached 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 March through the last weekend in November for each year that this Agreement is in effect. Use is limited to Monday through Sunday, from 7:00 a.m. until 11:00 p.m. each day. The Association shall have exclusive right and responsibility for scheduling, organizing, providing rules of conduct, and conducting youth softball league games, practice games, league/team practices, tournament games, and league playoff games at the youth softball facilities listed in Exhibit A. Said rules of conduct shall be in conformance with laws and ordinances of the State of Texas and the City of La Porte. The City reserves the right to close the fields for field maintenance purposes, for inclement weather, or other reasonablecause. II. The City will assume responsibility for maintenance of all structures located on City property at Little Cedar Bayou 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 maintenanceat the youth softball facilities listed in Exhibit A. The Association will be responsible for routine marking, and field preparation of the youth softball facilities either existing or in the future. The present youth softball facilities covered Page 1of 7 in thisagreement are those specific areas listed in "Exhibit A". The City will manage all operations related to facility and grounds maintenance at the softball facilities designated in Exhibit A. The City has provided, with assistance from the Association, a concession/restroom facility, and a storage facility as listed in Exhibit A. The concession/restroom facility and permanent attachments to said facilityare the property of the City. Except as set out herein, the City agrees to maintain the concession/restroom, and storage structure’s various components 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 Little Cedar Bayou 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 Little Cedar Bayou Park are not reserved and are available on a first-come, first-served basis. III. 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 softball facilities, including but not limited to the following: pitching machines, microwaves, refrigerators, ice machines, freezers, air conditioners and all other electrical appliances. The Association is responsible for maintenance of all furnished equipment in the concession stand and batting cages. The Association agrees to clean the restroom facilities, in addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use of the facilities to assure that the restrooms are clean and operable. The Association agrees to clean the concession portion and the batting cage area of the facility at its expense. All revenuesproduced 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 softball facilities. Alcoholic beverage use, sales, or possession is prohibited by Ordinance at the youth softball facilities listed in Exhibit A and at any future youth softball facilities located on City property. IV. Batting cages shall not be open for use by the general public by the Association under any circumstance, 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. Useof other softball facilities by the public will be limited to the following conditions: (a) During the period not covered by this Agreement, the public Page 2of 7 shall have the right to use the various youth softball 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 softball or other field sports games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours when no league/team practice, practice game, league game, tournament game, or playoff game is scheduled; or the fields have not been Specially Preparedfor such games (Special Preparationshall include marking, dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate use of the facilities by the public). VI. The Association shall indemnify and hold harmless the City, its officers, directors, agents, and employees from and against any and all claims, damages, losses, expenses, and liabilities, including attorney's fees which may 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. To the extent allowed by lawTthe 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, including attorney's fees which may 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 maximum 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 participants in the Association’s 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 Insuranceevidencing such coverage. Such insurance shall include contractual liability insuring the indemnity agreements contained in this Agreement. Page 3of 7 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 ofLa 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 shallhave no force or effect unless modified in writing, and signed by each party to 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, boththe 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 Commissioner of the Association and the City Manager, or his designee. Should either party choose not to exercise their option, the Agreement shall be considered at an end. During the term of this Agreement, the Association and the City may enter into separate Agreements regarding future capital improvement projects or other softball facilities thatmay be contemplated in the City. XII. The Association shall maintain a favorable financial position during the term of this agreement. The Association will provide an officialannual financialreportson the Association’s fiscal conditionto the City comprised of a combined expense statement/balance sheetas approved by the City’s controller and mutually agreed to by the City and the Association along with supporting documentation., revenue statement and expense statement.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 Annual Report on the Association’s Fiscal 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 prescribedtime limit willprompt a formal notification from the City to the Association ofthat 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 officialnotification. If the requirement for financial statement submission is not met by that time, or arrangements to submit not made to the City’s satisfaction within that time, the agreement will be considered in Default. XIII. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or Page 4of 7 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. XIV. Nothinghereinshallbeconstruedascreatinganypersonalliabilityonanypartofany officer, employee oragentofthe City. ThePartiesagreethatno provision of this Agreementis in any wayintended to constitute awaiver of any immunities from suit orliabilitythatthe Cityhas or mayhave byoperation oflaw. The Parties furtheragreethatnoprovisionof this Agreementextendstheliabilityofthe Citybeyond theliabilityprovidedintheTexasConstitutionandthelawsoftheStateofTexas, including the Texas Tort Claims Act. NeithertheexecutionofthisAgreementnorany otherconductofCITYrelatingto thisAgreementshallbeconsideredawaiverofany rightordefenseundertheTexas ConstitutionorthelawsoftheStateofTexas, including the Texas Tort Claims Act. Page 5of 7 IN TESTIMONY WHEREOF, this instrument has been renewed andexecuted in duplicate, each to have the effect of an original as follows: (A)It has been executed on behalf of the City on the ______thday of , 20104, by its City Manager and attested by its City Secretary, pursuant to an affirmative voteOrdinance of the City Council of the City of La Porte, authorizing such execution; and (B)It has been executed on behalf of the Association on the ______thday of , 20104, by its Commissioner and attested by its Secretary, pursuant to authorization from the Board of Directors of the La Porte Girl’s Softball Association, authorizing such execution. CITY OF LA PORTE, TEXAS By: Corby D. AlexanderDebra Brooks Feazelle, City Manager ATTEST: Patrice FogartyMartha Gillett, City Secretary LA PORTE GIRL’S SOFTBALL ASSOCIATION Page 6of 7 By: Albert RamirezMonica Goiners, Commissioner ATTEST: Association Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney EXHIBIT A There are currently four(4) designated youth softball fields, one (1) combination concession/restroom facility, and two (2) batting cages covered by this Agreement at the date of execution. Additional fields and facilities that may be added in the future shall be considered a part of this agreement by signature of both parties. The designated youth softball facilities covered by this agreement are as follows: LITTLE CEDAR BAYOU PARK At the date of execution of this agreement, there are three youth softball fields located at Little Cedar Bayou Park,600 Little Cedar Bayou Drive, La Porte, Texas. La Porte #1 -designated as the youth softball field located north of the restroom/concession facility, and south of the entrance to Little Cedar Bayou Park, coming east off Little Cedar Bayou Drive. La Porte #2 -designated as the youth softball field directly south of La Porte #1, and southof the restroom/concession facility. La Porte #3 -designated as the youth softball field directly south of La Porte #2, bounded on the west side by the Multi-purpose Soccer Field, on the east Page 7of 7 by the adult soccer field, and on the south by Bay Forest Golf Course. La Porte #4 -designated as the youth softball field bounded on the west side by the adult soccer field, bounded on the north side by the Little Cedar Bayou Wave Pool, and on the south by Bay Forest Golf Course. Softball Concession/Restroom Facility -located between La Porte #1 and La Porte #2 as designated above. Youth Softball Batting Cages -located directly east of La Porte #3 and west of the adult soccer field, as designated above. Page 8of 7 REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A K. Powell K. Powell Source of Funds:Source of Funds: Requested By: N/A N/A Finance Finance 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 No. 20071. Ordinance No. 2007--IDAIDA--138138 2. Ordinance No. 20072. Ordinance No. 2007--IDAIDA--139139 SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year period.  The current agreements will expire on December 31, 2019, the common date for the Battleground and period.  The current agreements will expire on December 31, 2019, the common date for the Battleground and Bayport Industrial Districts.Bayport Industrial Districts.   Vigavi Realty LLC has requested to execute an Industrial District Agreements with the City of La Porte.  Vigavi Realty LLC has requested to execute an Industrial District Agreements with the City of La Porte.  Properties are being split out of 2007Properties are being split out of 2007--IDAIDA--02 02 ––Kelley Fairmont.Kelley Fairmont.   Staff recommends City Council authorize the execution of Industrial District Agreement with VigaviRealty LLCStaff recommends City Council authorize the execution of Industrial District Agreement with VigaviRealty LLC   Ordinance No. 2007Ordinance No. 2007--IDAIDA--138                      Vigavi Realty LLC 11804 Fairmont Parkway 138                      Vigavi Realty LLC 11804 Fairmont Parkway Ordinance No. 2007Ordinance No. 2007--IDAIDA--139                      Vigavi Realty LLC 11800 Fairmont Parkway 139                      Vigavi Realty LLC 11800 Fairmont Parkway   Action Required of Council:Action Required of Council: Consider approval or other action of ordinances 2007Consider approval or other action of ordinances 2007--IDAIDA--138 and  2007138 and  2007--IDAIDA--139 executing an Industrial District 139 executing an Industrial District Agreement between the City of La Porte and Vigavi Realty, LLC.Agreement between the City of La Porte and Vigavi Realty, LLC. 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 December 8, 2014December 8, 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. Ordinance1. Ordinance 2. Water Service Agreement2. Water Service Agreement 3. Sanitary Sewer Service Agreement3. Sanitary Sewer Service Agreement 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Vigavi Realty, LLC has approached the City for water and sanitary sewer service to its development at 11800 Vigavi Realty, LLC has approached the City for water and sanitary sewer service to its development at 11800 Fairmont Parkway in the Bayport Industrial District (see Area Map).  Vigavi Realty plans to construct a 22,500 Fairmont Parkway in the Bayport Industrial District (see Area Map).  Vigavi Realty plans to construct a 22,500 square foot tilt-wall facility at the site which will employ up to 30 fullwall facility at the site which will employ up to 30 full--time positions.time positions.   Council has approved a policy to provide water and sanitary sewer service to companies located outside the city Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the Citylimits and within the City’’s industrial districts (ETJ).  These companies are required by the policy to maintain a s industrial districts (ETJ).  These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City.  Vigavi Realty has applied for an IDA with the City for current Industrial District Agreement (IDA) with the City.  Vigavi Realty has applied for an IDA with the City for the subject site (IDAthe subject site (IDA--20072007--139).  Administrative fees in the amount of $5,000 for each agreement have been 139).  Administrative fees in the amount of $5,000 for each agreement have been subsequently received from the company.subsequently received from the company.subsequently received from the company.subsequently received from the company.   Based on Vigavi RealtyBased on Vigavi Realty’’s stated demand for domestic uses, the average daily volume for potable water and sanitary s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 1,500 gallons.  Under the terms of the policy, Vigavi Realty will pay one and onesewer is 1,500 gallons.  Under the terms of the policy, Vigavi Realty will pay one and one--half (1half (1--1/2) times the 1/2) times the City’s current utility rate for service. s current utility rate for service.    The terms of Vigavi RealtyThe terms of Vigavi Realty’’s Water Service Agreement and Sanitary Sewer Service Agreement will expire on s Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire December 31, 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination.right of termination. __________________________________________________________________________________________________________________________________________________________________________ Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Water Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Vigavi Realty, LLC for its development at 11800 Service Agreement and a Sanitary Sewer Service Agreement with Vigavi Realty, LLC for its development at 11800 Fairmont Parkway in the Bayport Industrial District.Fairmont Parkway in the Bayport Industrial District. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 1 STATE OF TEXAS§ COUNTY OF HARRIS§ CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a VIGAVI municipal corporation of Harris County, Texas, hereinafter called "CITY", and REALTY,LLC11800FAIRMONT PARKWAY located at hereinaftercalled "COMPANY". I. COMPANYis the owner of certain real property which is situated within the CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of propertieslocated outside the corporatelimits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. Forand in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees that will be located at the COMPANY’S property as of thedate of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 25 Number of Full-TimeEmployees on site 5 +Number of Full-Time Contract Employees on site 30 = Total On-Site Full-Time Employees Potable Water Approved for Domestic Use 1,500 (Total on-site Employees times 50 gpd per employee) Total Amount of Potable Water Approved for 1,500 COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate resourcesare available to CITY to furnish potable water to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A)COMPANYshall pay to CITY a one-time administrative fee of ONE (B)The total amount of potable water approved to COMPANYis established at THOUSAND FIVE HUNDRED (1,500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. FORTY FIVETHOUSAND SEVEN HUNDRED FIFTY (C)The average monthly volume of (45,750) gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY’S utility service billings. (D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average FORTY FIVETHOUSAND SEVEN HUNDRED FIFTY (45,750) monthly volume of gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E)COMPANYshall pay the standard water tap/meter fee based on CITY’S current tap/meter fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard water depositfee through CITY’S Utility Billing Division prior to receiving water service from CITY. FORTY FIVETHOUSAND SEVEN (F)The cost of water up to the average monthly volume of HUNDRED FIFTY (45,750) gallons shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G)The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H)COMPANYshall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (I)COMPANY’S site design and site development will, in certain cases, be subject to specific “Rules and Regulations”as defined in Exhibit “C” of COMPANY’S Industrial District Agreement with CITY. (J)All plumbing installed by COMPANYconnected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. 3 (L)COMPANY’Spotable water supply system will be segregated from any existing and future fire protection system. (M)The total costfor the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N)COMPANYagrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (O)There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (P)CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q)CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (R)CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S)CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY’Sfacilities, shall be solely at the expense of COMPANY. COMPANYshall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY’Swater facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY’Sfacility. 6 EXHIBIT “A” to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY.Theserequirements represent contractual obligations of COMPANY to receive water service from CITYper the terms of the Water Service Agreement and this addendum.COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval : CITY APPROVAL:N/A COMPANY APPROVAL: N/A 1 STATE OF TEXAS § COUNTY OF HARRIS § CITY OF LA PORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a VIGAVI municipal corporation of Harris County, Texas, hereinafter called "CITY", and REALTY, LLC11800FAIRMONT PARKWAY located at, hereinafter called "COMPANY”. I. COMPANYis the COMPANYof certain real property, which is situated in CITY'S Battlegroundor Bayport Industrial Districtand not within the corporate limits of the CITY.CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANYrecognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 25 Number of Employees on-site 5 Number of Contract Employees 30 Total on-site Employees Sanitary Sewer Desired for Domestic Use 1,500 (Total on-site x50 gpd per employee) Total Amount of Sanitary Sewer Approved 1,500 For COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A).COMPANYshall pay to CITY a one-time administrative connection charge of (B).COMPANYshall pay the standard sewer tap fee based on CITY’S current sewer tap fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility Billing Division prior to receiving sewer service from CITY. ONE THOUSAND FIVE HUNDRED (1,500) (C).The averagedaily volumeis established at gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D).The average monthly volumeis calculated to be eighty-five percent (85%) of the average daily volumemultiplied by a factor of 30.5, which shall be used to facilitate service billings. THIRTY EIGHT (E).The cost of sanitary sewer service up to the average monthly volumeof THOUSAND EIGHT HUNDRED EIGHTY EIGHT (38,888) gallonsshall be one hundred fifty percent (150%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (F).The cost of sanitary sewer service for amounts in excess of the established average monthly volumeshall be two hundred percent (200%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (G).Nothing contained in this Agreement shall obligate CITY to furnish more than the average THIRTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY monthly volumeof EIGHT (38,888) . Repeated sanitary sewer delivery greater than the established average monthly volumemay result in termination of service. (H).COMPANYagrees that during periods when the CITY’S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I).CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANYif an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J).COMPANYshall file applicationwith CITY for an Industrial Waste Permit and hereby agrees to be bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K).Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to ensure no sewer waste, other than domestic waste enters its sanitary sewer system. 3 (L).The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (M).COMPANYagrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N).COMPANYshall install a sanitary sewer sampling well in accordance with CITY’s standards. (O).All plumbing installed by COMPANYconnected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (P).There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (Q).COMPANYshall submit a certified site plan showing the total acreage of the tract including presentand proposed improvements and a suitable location map of the site. COMPANY’S development project may be subject to certain additional requirements as described in Exhibit “A”, attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY.COMPANYshall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANYwith written notice of any defects and COMPANYshall have the opportunity to cure any defects. Failure to correct defects 6 EXHIBIT “A” to Sanitary SewerService Agreement The Sanitary Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive sewer service from CITY per the terms of the Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval : CITY APPROVAL: N/A COMPANY APPROVAL: N/A AREA MAP FAIRMONT PKWY SITE LOCATION 11800 FAIRMONT REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 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. Ordinance1. Ordinance 2. Water Service Agreement2. Water Service Agreement 3. Sanitary Sewer Service Agreement3. Sanitary Sewer Service Agreement 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   GSL Partners Sub 51, LLC has approached the City for water and sanitary sewer service to its development at GSL Partners Sub 51, LLC has approached the City for water and sanitary sewer service to its development at 4130 New West Dr. in the Bayport Industrial District (see Area Map).  GSL Partners Sub 51, LLC is constructing 4130 New West Dr. in the Bayport Industrial District (see Area Map).  GSL Partners Sub 51, LLC is constructing a 20,000 square foot facility for Tracerco, who specializes in instrumentation, testing, and related research and a 20,000 square foot facility for Tracerco, who specializes in instrumentation, testing, and related research and development.  The company will employ up to 50 fulldevelopment.  The company will employ up to 50 full--time positions on site.time positions on site.   Council has approved a policy to provide water and sanitary sewer service to companies located outside the city Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the Citylimits and within the Citylimits and within the Citylimits and within the City’’’’s industrial districts (ETJ).  These companies are required by the policy to maintain a s industrial districts (ETJ).  These companies are required by the policy to maintain a s industrial districts (ETJ).  These companies are required by the policy to maintain a s industrial districts (ETJ).  These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City.  The subject tract has a current and valid IDA (2007current Industrial District Agreement (IDA) with the City.  The subject tract has a current and valid IDA (2007- IDA-108) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently 108) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently received from the company.received from the company.   Based on GSL Partners Sub 51, LLCBased on GSL Partners Sub 51, LLC’’s stated demand for domestic uses, the average daily volume for potable s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, GSL Partners Sub 51, LLC will pay one water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, GSL Partners Sub 51, LLC will pay one and one-half (1--1/2) times the City1/2) times the City’’s current utility rate for service. s current utility rate for service.    The terms of the Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, The terms of the Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its development at 4130 New West Dr. in the Bayport Industrial District.development at 4130 New West Dr. in the Bayport Industrial District. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 1 STATE OF TEXAS§ COUNTY OF HARRIS§ CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a GSL PARTNERS municipal corporation of Harris County, Texas, hereinafter called "CITY", and SUB 51, LLC4130NEW WESTDR. located at hereinaftercalled "COMPANY". I. COMPANYis the owner of certain real property which is situated within the CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of propertieslocated outside the corporatelimits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees that will be located at the COMPANY’S property as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 50 Number of Full-TimeEmployees on site 0 +Number of Full-Time Contract Employees on site 50 = Total On-Site Full-Time Employees Potable Water Approved for Domestic Use 2,500 (Total on-site Employees times 50 gpd per employee) Total Amount of Potable Water Approved for 2,500 COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate resourcesare available to CITY to furnish potable water to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A)COMPANYshall pay to CITY a one-time administrative fee of TWO (B)The total amount of potable water approved to COMPANYis established at THOUSAND FIVE HUNDRED (2,500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (C)The average monthly volume of (76,250) gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY’S utility service billings. (D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76,250) monthly volume of gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E)COMPANYshall pay the standard water tap/meter fee based on CITY’S current tap/meter fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard water depositfee through CITY’S Utility Billing Division prior to receiving water service from CITY. SEVENTY SIX THOUSAND TWO (F)The cost of water up to the average monthly volume of HUNDRED FIFTY (76,250) gallons shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from timeto time for commercial customers inside its corporate limits. (G)The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H)COMPANYshall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (I)COMPANY’S site design and site development will, in certain cases, be subject to specific “Rules and Regulations” as defined in Exhibit “C” of COMPANY’S Industrial District Agreement with CITY. (J)All plumbing installed by COMPANYconnected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. 3 (L)COMPANY’Spotable water supply system will be segregated from any existing and future fire protection system. (M)The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N)COMPANYagrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (O)There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (P)CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q)CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (R)CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S)CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY’Sfacilities, shall be solely at the expense of COMPANY. COMPANYshall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY’Swater facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY’Sfacility. 6 EXHIBIT “A” to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additionalrequirements agreed to by CITY and COMPANY.Theserequirements represent contractual obligations of COMPANY to receive water service from CITYper the terms of the Water Service Agreement and this addendum.COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial forApproval : CITY APPROVAL:N/A COMPANY APPROVAL: N/A 1 STATE OF TEXAS§ COUNTY OF HARRIS§ CITY OF LA PORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a GSL PARTNERS municipal corporation of Harris County, Texas, hereinafter called "CITY", and SUB 51, LLC4130NEW WESTDR. located at, hereinaftercalled "COMPANY”. I. COMPANYis the COMPANYof certain real property, which is situated in CITY'S Battlegroundor Bayport Industrial Districtand not within the corporate limits of the CITY. CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANYrecognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 50 Number of Employees on-site 0 Number of Contract Employees 50 Total on-site Employees Sanitary Sewer Desired for Domestic Use 2,500 (Total on-site x50 gpd per employee) Total Amount of Sanitary Sewer Approved 2,500 For COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A).COMPANYshall pay to CITY a one-time administrative connection charge of (B).COMPANYshall pay the standard sewer tap fee based on CITY’S current sewer tap fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility Billing Division prior to receiving sewer service from CITY. TWO THOUSAND FIVE HUNDRED (2,500) (C).The averagedaily volumeis established at gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D).The average monthly volumeis calculated to be eighty-five percent (85%) of the average daily volumemultiplied by a factor of 30.5, which shall be used to facilitate service billings. SIXTY FOUR (E).The cost of sanitary sewer service up to the average monthly volumeof THOUSAND EIGHT HUNDRED THIRTEEN(64,813) gallonsshall be one hundred fifty percent (150%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (F).The cost of sanitary sewer service for amounts in excess of the established average monthly volumeshall be two hundred percent (200%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (G).Nothing contained in this Agreement shall obligate CITY to furnish more than the average SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN monthly volumeof (64,813) . Repeated sanitary sewer delivery greater than the established average monthly volumemay result in termination ofservice. (H).COMPANYagrees that during periods when the CITY’S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I).CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANYif an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J).COMPANYshall file applicationwith CITY for an Industrial Waste Permit and hereby agrees tobe bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K).Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to ensure no sewer waste, other than domestic waste enters its sanitary sewer system. 3 (L).The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (M).COMPANYagrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N).COMPANYshall install a sanitary sewer sampling well in accordance with CITY’s standards. (O).All plumbing installed by COMPANYconnected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (P).There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (Q).COMPANYshall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development project may be subject to certain additional requirements as described in Exhibit “A”, attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY.COMPANYshall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entryat all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANYwith written notice of any defects and COMPANYshall have the opportunity to cure any defects. Failure to correct defects 6 EXHIBIT “A” to Sanitary SewerService Agreement The Sanitary Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive sewer service from CITY per the terms of the Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval : CITY APPROVAL: N/A COMPANY APPROVAL: N/A AREA MAP (4130 NEW WEST DR.) DRY SPRINGS DR CANIFF RD MAHAN DR DR HAWK MO TEJAS CT FAIRMONT PKWY LOCATION OF PROPERTY DR NEW CENTURY NEW DE CADE DR 1 inch = 500 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 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. Ordinance1. Ordinance 2. Water Service Agreement2. Water Service Agreement 3. Sanitary Sewer Service Agreement3. Sanitary Sewer Service Agreement 4. Area Map4. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS GSL Partners Sub 51, LLC has approached the City for water and sanitary sewer service to its development at GSL Partners Sub 51, LLC has approached the City for water and sanitary sewer service to its development at 9655 New Century Dr. in the Bayport Industrial District (see Area Map).  GSL Partners Sub 51, LLC is 9655 New Century Dr. in the Bayport Industrial District (see Area Map).  GSL Partners Sub 51, LLC is constructing a 20,000 square foot spec development on this site which will potentially employ up to 50 fullconstructing a 20,000 square foot spec development on this site which will potentially employ up to 50 full--time time positions.   Council has approved a policy to provide water and sanitary sewer service to companies located outside the city Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the Citylimits and within the City’’s industrial districts (ETJ).  These companies are required by the policy to maintain a s industrial districts (ETJ).  These companies are required by the policy to maintain a current Industrial District Agreement (IDA) with the City.  The subject tract has a current and valid IDA (2007current Industrial District Agreement (IDA) with the City.  The subject tract has a current and valid IDA (2007- IDAIDA--14) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently 14) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently 14) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently 14) with the City.  Administrative fees in the amount of $5,000 for each agreement have been subsequently received from the company.received from the company.   Based on GSL Partners Sub 51, LLCBased on GSL Partners Sub 51, LLC’’s stated demand for domestic uses, the average daily volume for potable s stated demand for domestic uses, the average daily volume for potable water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, GSL Partners Sub 51, LLC will pay one water and sanitary sewer is 2,500 gallons.  Under the terms of the policy, GSL Partners Sub 51, LLC will pay one and one-half (1--1/2) times the City1/2) times the City’’s current utility rate for service. s current utility rate for service.    The terms of the Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, The terms of the Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time 2019, plus any renewals or extensions thereof.  However, these agreements will automatically expire at such time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination. Action Required of Council:Action Required of Council: Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Consider approval or other action of an ordinance or other action, authorizing the City Manager to execute a Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its Water Service Agreement and a Sanitary Sewer Service Agreement with GSL Partners Sub 51, LLC for its development at 9655 New Century Dr. in the Bayport Industrial District.development at 9655 New Century Dr. in the Bayport Industrial District. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate 1 STATE OF TEXAS§ COUNTY OF HARRIS§ CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a GSL PARTNERS municipal corporation of Harris County, Texas, hereinafter called "CITY", and SUB 51, LLC9655 NEW CENTURYDR. located at hereinaftercalled "COMPANY". I. COMPANYis the owner of certain real property which is situated within the CITY'S Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long-range potable water supply of CITY didnot include the needs of propertieslocated outside the corporatelimits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY.For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees that will be located at the COMPANY’S property as ofthe date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 50 Number of Full-TimeEmployees on site 0 +Number of Full-Time Contract Employees on site 50 = Total On-Site Full-Time Employees Potable Water Approved for Domestic Use 2,500 (Total on-site Employees times 50 gpd per employee) Total Amount of Potable Water Approved for 2,500 COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate resourcesare available to CITY to furnish potable water to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A)COMPANYshall pay to CITY a one-time administrative fee of TWO (B)The total amount of potable water approved to COMPANYis established at THOUSAND FIVE HUNDRED (2,500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (C)The average monthly volume of (76,250) gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY’S utility service billings. (D)Nothing contained in this Agreement shall obligate CITY to furnish more than the average SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76,250) monthly volume of gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E)COMPANYshall pay the standard water tap/meter fee based on CITY’S current tap/meter fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard water depositfee through CITY’S Utility Billing Division prior to receiving water service from CITY. SEVENTY SIX THOUSAND TWO (F)The cost of water up to the average monthly volume of HUNDRED FIFTY (76,250) gallons shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G)The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H)COMPANYshall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (I)COMPANY’S site design and site development will, in certain cases, be subject to specific “Rules and Regulations” as defined in Exhibit “C” of COMPANY’S Industrial District Agreement with CITY. (J)All plumbing installed by COMPANYconnected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K)A reducedpressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. 3 (L)COMPANY’Spotable water supply system will be segregated from any existing and future fire protection system. (M)The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N)COMPANYagrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (O)There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (P)CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q)CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (R)CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S)CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY’Sfacilities, shall be solely at the expense of COMPANY. COMPANYshall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. In the event a State or Harris County license, permit, or permission toinstall the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY’Swater facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY’Sfacility. 6 EXHIBIT “A” to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY.Theserequirements represent contractual obligations of COMPANY to receive water service from CITYper the terms of the Water Service Agreement and this addendum.COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval : CITY APPROVAL: N/A COMPANY APPROVAL: N/A 1 STATE OF TEXAS§ COUNTY OF HARRIS§ CITY OF LA PORTE SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a GSL PARTNERS municipal corporation of Harris County, Texas, hereinafter called "CITY", and SUB 51, LLC9655NEW CENTURYDR. located at, hereinaftercalled "COMPANY”. I. COMPANYis the COMPANYof certain real property, which is situated in CITY'S Battlegroundor Bayport Industrial Districtand not within the corporate limits of the CITY. CITY and COMPANYare parties to a current Industrial District Agreement. II. COMPANYis desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANYrecognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANYhas made certain representations to CITY as to thenumber of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: 50 Number of Employees on-site 0 Number of Contract Employees 50 Total on-site Employees Sanitary Sewer Desired for Domestic Use 2,500 (Total on-site x50 gpd per employee) Total Amount of Sanitary Sewer Approved 2,500 For COMPANY(Average Daily Volume, gpd) 2 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANYbased on the following terms and conditions, to-wit: $5,000. (A).COMPANYshall pay to CITY a one-time administrative connection charge of (B).COMPANYshall pay the standard sewer tap fee based on CITY’S current sewer tap fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility Billing Division prior to receiving sewer service from CITY. TWO THOUSAND FIVE HUNDRED (2,500) (C).The averagedaily volumeis established at gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D).The average monthly volumeis calculated to be eighty-five percent (85%) of the average daily volumemultiplied by a factor of 30.5, which shall be used to facilitate service billings. SIXTY FOUR (E).The cost of sanitary sewer service up to the average monthly volumeof THOUSAND EIGHT HUNDRED THIRTEEN(64,813) gallonsshall be one hundred fifty percent (150%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (F).The cost of sanitary sewer service for amounts in excess of the established average monthly volumeshall be two hundred percent (200%) of the CITY’S rate as established from time to time for commercial customers inside its corporate limits. (G).Nothing contained in this Agreement shall obligate CITY to furnish more than the average SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN monthly volumeof (64,813) . Repeated sanitary sewer delivery greater than the established average monthly volumemay result in terminationof service. (H).COMPANYagrees that during periods when the CITY’S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I).CITY shall have the right to interrupt ortemporarily suspend said sanitary sewer service to COMPANYif an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J).COMPANYshall file applicationwith CITY for an Industrial Waste Permit and hereby agrees tobe bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K).Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to ensure no sewer waste, other than domestic waste enters its sanitary sewer system. 3 (L).The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (M).COMPANYagrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (N).COMPANYshall install a sanitary sewer sampling well in accordance with CITY’s standards. (O).All plumbing installed by COMPANYconnected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (P).There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANYto serve other parties. (Q).COMPANYshall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY’S development project may be subject to certain additional requirements as described in Exhibit “A”, attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY.COMPANYshall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANYwith written notice of any defects and COMPANYshall have the opportunity to cure any defects. Failure to correct defects 6 EXHIBIT “A” to Sanitary SewerService Agreement The Sanitary Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive sewer service from CITY per the terms of the Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: N/A Initial for Approval : CITY APPROVAL:N/A COMPANY APPROVAL: N/A AREA MAP (9655 NEW CENTURY DR.) BARTON CT RUSTIC ROCK RD DESIRABLE DR DRY SPRINGS DR ROCKY HOLLOW CANIFF RD MAHAN DR DR HAWK MO TEJAS CT LOCATION OF PROPERTY Y DR NEW CENTUR NEW DE CADE DR 1 inch = 500 feet REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 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. Ordinance1. Ordinance 2. Deeds2. Deeds 3. Area Map3. Area Map SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City has received an application from Enterprise Products Operating, LLC to vacate, abandon and close the The City has received an application from Enterprise Products Operating, LLC to vacate, abandon and close the stndnd North 1 St. and North 2 St. and North 2 St. Rights St. Rights--ofof--Way between North Way between North ““LL””St. and the Union Pacific Railroad.  The reason St. and the Union Pacific Railroad.  The reason for the companyfor the company’’s request is to facilitate development of the Enterprise La Porte Substation which will supply s request is to facilitate development of the Enterprise La Porte Substation which will supply power to the companypower to the company’’s Morgans Morgan’’s Point Ethane Refrigeration and Loading Facility (see Area Map).s Point Ethane Refrigeration and Loading Facility (see Area Map).   Staff’s review of Enterprise Products review of Enterprise Product’’s application has determined no City utilities are located within the closing s application has determined no City utilities are located within the closing areas.  Centerpoint Energy, Comcast and AT&T have each reviewed the closing request and have issued letters areas.  Centerpoint Energy, Comcast and AT&T have each reviewed the closing request and have issued letters of no objection.    stst Four (4) individual deeds drafted for the subject closings will convey the east ½ of the N. 1Four (4) individual deeds drafted for the subject closings will convey the east ½ of the N. 1 St. Right St. Right--ofof--Way to Way to stst Enterprise Products Operating, the west ½ of the N. 1Enterprise Products Operating, the west ½ of the N. 1 St. Right St. Right--ofof--Way to Houston Pipeline Company, the east Way to Houston Pipeline Company, the east ndndndnd ½ of the N. 2 St. Right St. Right--ofof--Way to Enterprise Products Operating, and the west ½ of the N. 2Way to Enterprise Products Operating, and the west ½ of the N. 2 St. Right St. Right--of- Way to the Port of Houston Authority.Way to the Port of Houston Authority.   In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal has established a fair In accordance with Section 62.35 of the Code of Ordinances, an independent appraisal has established a fair market value of $1.50 per square foot for the subject rightsmarket value of $1.50 per square foot for the subject rights--ofof--way.  Closing fees in the amount of $30,853.55 way.  Closing fees in the amount of $30,853.55 stst have subsequently been received by the City from the applicant for the North 1have subsequently been received by the City from the applicant for the North 1 St. Right St. Right--ofof--Way and the east ½ Way and the east ½ ndnd of the North 2 St. Right St. Right--ofof--Way.  The Port of Houston Authority (which is exempt from closing fees per Section Way.  The Port of Houston Authority (which is exempt from closing fees per Section ndnd 62.35, Paragraph C) will obtain the west ½ of the North 262.35, Paragraph C) will obtain the west ½ of the North 2 St. Right St. Right--ofof--Way.Way. Action Required of Council:Action Required of Council: st Consider approval or other action of an ordinance or other action vacating, abandoning, and closing the North 1Consider approval or other action of an ordinance or other action vacating, abandoning, and closing the North 1 nd St. and N. 2 St. Rights St. Rights--ofof--Way between North Way between North ““LL””St. and Union Pacific Railroad and authorizing the City St. and Union Pacific Railroad and authorizing the City Manager to execute deeds to the adjacent owners for the subject rightsManager to execute deeds to the adjacent owners for the subject rights--ofof--way.way. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate EXHIBIT “A” ST (EAST½ OF NORTH 1 ST. R-O-W) BEGINNING at a point at the intersection of the north line of North “L” st Street (60’ R-O-W); Street (80’ R-O-W) and the east line of North 1 st THENCE in a northerly direction along the east line of said North 1 Street Right-of-Way to its intersection with the south line of the Union Pacific Railroad Right-of-Way (100’ wide); THENCE in a northwesterly direction along the south line of said Union Pacific Railroad Right-of-Way to its intersection with the centerline of st Street Right-of-Way; said North 1 st THENCE in a southerly direction along the centerline of the North 1 Street Right-of-Way to its intersection with the north line of the North “L” Street Right-of-Way; THENCE in an easterly direction along the north line of the North “L” Street Right-of-Way to the POINT OF BEGINNING of the herein described tract. EXHIBIT 'B' EAST 1/2 OF N. 1ST ST. R-O-W L ST E L ST Legend LA PORTE CITY LIMITS AREA MAP LA PORTE PROP. CLOSING MORGAN'S N. 2ND ST. POINT PROP. CLOSING N. 1ST ST. ENTERPRISE PRODUCTS' MORGAN'S POINT ETHANE REFRIGERATION & LOADING FACILITY SITE L ST ENTERPRISE PRODUCTS' LA PORTE SUBSTATION SITE Legend CITY LIMITS REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A J. Suggs J. Suggs Source of Funds:Source of Funds: Requested By: N/A N/A Emergency Management Emergency Management 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. Bidder's List1. Bidder's List 2. Bid Tabulation2. Bid Tabulation 3. Pricing Sheet3. Pricing Sheet SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS     Following a disaster such as a hurricane, there will be an immediate need for debris removal services.  The City Following a disaster such as a hurricane, there will be an immediate need for debris removal services.  The City currently has agreements in place for such services.  The agreements have historically been for a term of five (5) currently has agreements in place for such services.  The agreements have historically been for a term of five (5) years.  The last RFP for debris removal services was conducted in 2009.  Therefore, the current agreements will years.  The last RFP for debris removal services was conducted in 2009.  Therefore, the current agreements will expire in the near future.expire in the near future.   The City has a FEMAThe City has a FEMA--approved Debris Management Plan in place, which recognizes the need for preapproved Debris Management Plan in place, which recognizes the need for pre--qualified qualified contractors to assist with debris removal services following a disaster.  In the aftermath of such a disaster, the contractors to assist with debris removal services following a disaster.  In the aftermath of such a disaster, the City will likely seek reimbursement through the FEMA Public Assistance Program.  Costs associated with debris City will likely seek reimbursement through the FEMA Public Assistance Program.  Costs associated with debris management services may be eligible for reimbursement.  The Sandy Recovery Improvement Act of 2013 permits management services may be eligible for reimbursement.  The Sandy Recovery Improvement Act of 2013 permits financial incentives for applicants who have at least one prefinancial incentives for applicants who have at least one pre--qualified debris contractor.  Therefore, it is in the best qualified debris contractor.  Therefore, it is in the best interest of the City to have a debris removal agreement in place prior to a disaster.  This RFP will not be utilized interest of the City to have a debris removal agreement in place prior to a disaster.  This RFP will not be utilized unless needed following a disaster that requires debris removal throughout the City of La Porte.unless needed following a disaster that requires debris removal throughout the City of La Porte.   Advertised, Sealed Requests for Proposals #14504 Advertised, Sealed Requests for Proposals #14504 ––Debris Removal were opened and read on October 21, Debris Removal were opened and read on October 21, 2014.  Solicitation requests were advertised in the Bay Area Observer (10/2, 10/9) and posted on the City of La 2014.  Solicitation requests were advertised in the Bay Area Observer (10/2, 10/9) and posted on the City of La Porte website with seven (7) vendors responding. One proposal was deemed nonPorte website with seven (7) vendors responding. One proposal was deemed non-- responsive due to required responsive due to required information not being submitted. The RFP allows for award to a primary vendor and two backup vendors.information not being submitted. The RFP allows for award to a primary vendor and two backup vendors.   Copies of the returned proposals were sent to the Evaluation Committee for review.  The team, two members Copies of the returned proposals were sent to the Evaluation Committee for review.  The team, two members from Office of Emergency Management and two from Public Works, evaluated the proposals based on the criteria from Office of Emergency Management and two from Public Works, evaluated the proposals based on the criteria stated within each section of the RFP.  Staff determined TAG Grinding as the top respondent, with Ceres stated within each section of the RFP.  Staff determined TAG Grinding as the top respondent, with Ceres Environmental and Phillips and Jordan as backup vendors.  Tag Grinding has no contracts locally. This will give La Environmental and Phillips and Jordan as backup vendors.  Tag Grinding has no contracts locally. This will give La Porte preferential treatment should we need to activate our contract. Other respondents have had poor past Porte preferential treatment should we need to activate our contract. Other respondents have had poor past service with La Porte or too many local contracts near La Porte which could hamper our return to normalcy. We service with La Porte or too many local contracts near La Porte which could hamper our return to normalcy. We have had this issue in the past with other vendors. We feel TAG Grinding can remove the appropriate amount of have had this issue in the past with other vendors. We feel TAG Grinding can remove the appropriate amount of debris in our 30, 60 and 90 day plan that would benefit the City and allow our citizens to return to their normal debris in our 30, 60 and 90 day plan that would benefit the City and allow our citizens to return to their normal routines.           The evaluation team recommends award of RFP #14504 The evaluation team recommends award of RFP #14504 ––Debris Removal as follows:Debris Removal as follows:             Primary: TAG GrindingPrimary: TAG Grinding             Backup: Ceres Environmental            Backup: Ceres Environmental Backup: Phillips and JordanBackup: Phillips and Jordan Action Required of Council:Action Required of Council: Consider approval or other action to award RFP #14504 for Debris Removal to TAG Grinding, designated as the Consider approval or other action to award RFP #14504 for Debris Removal to TAG Grinding, designated as the Consider approval or other action to award RFP #14504 for Debris Removal to TAG Grinding, designated as the Consider approval or other action to award RFP #14504 for Debris Removal to TAG Grinding, designated as the Primary vendor and Ceres Environmental and Philips and Jordan designated as Backups.Primary vendor and Ceres Environmental and Philips and Jordan designated as Backups. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate Pricing Proposal to RFP #14504 - Debris Removal REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested: Motor Pool/Grant Motor Pool/Grant D. Mick D. Mick Source of Funds:Source of Funds: Requested By: Various 009/032 Various 009/032 Public Works Public Works Account Number:Account Number: Department: $340,882.00 $340,882.00 Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: $300,754.00 $300,754.00 Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNO Attachments : 1. Summary of Vehicle Replacement1. Summary of Vehicle Replacement 2. Texas BuyBoard Worksheets2. Texas BuyBoard Worksheets SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS Competitive quotes were received through Texas BuyBoard, a local government purchasing cooperative, for replacement of five full size Competitive quotes were received through Texas BuyBoard, a local government purchasing cooperative, for replacement of five full size sedans and two sport utility vehicles with seven sport utility vehicles, replacement of three sedans and one additional sedan.sedans and two sport utility vehicles with seven sport utility vehicles, replacement of three sedans and one additional sedan.                                                                                                                         VENDOR       BUDGET ITEMBUDGET ITEMBUDGETEDBUDGETEDBIDBID 2 2 ––SUVSUV’’ss  63,459.00  63,459.00  58,776.00  58,776.00 Caldwell Country   5 5 ––Full Size SedansFull Size Sedans146,967.00146,967.00145,840.00145,840.00 Grapevine Dodge4 4 ––Full Size SedansFull Size Sedans 1,21,23 130,456.00130,456.00  96,138.00  96,138.00  300,754.00300,754.00 1,21,2 TOTALTOTAL 340,882.00340,882.00 1 One vehicle totaled in a collision after budget approved.  The current funding of $31,706.00 paid by the department in lease fees is included. One vehicle totaled in a collision after budget approved.  The current funding of $31,706.00 paid by the department in lease fees is included. The insurance of the at-fault motorist (city motorist was not at fault) will reimburse motor pool.fault motorist (city motorist was not at fault) will reimburse motor pool. 2 One vehicle funded through state seizure funds grant $28,500.00One vehicle funded through state seizure funds grant $28,500.00 3 Duplicate purchase order fees $800.00 deducted from quote totalsDuplicate purchase order fees $800.00 deducted from quote totals   Changes in equipment type, size, and design modification requested by Departments include:Changes in equipment type, size, and design modification requested by Departments include:   Replacing five full size sedans with five sport utility vehicles Replacing five full size sedans with five sport utility vehicles   Miscellaneous:    The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives.  The The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives.  The “Budgeted”amount listed in the table on the previous page represents the total funds deposited by each department through FY 2015 amount listed in the table on the previous page represents the total funds deposited by each department through FY 2015 in the form of “lease fees”paid by the department over the lease term designated for each vehicle. Additional funding is provided paid by the department over the lease term designated for each vehicle. Additional funding is provided through the State Seizure Funds Grant. through the State Seizure Funds Grant. Action Required of Council: 1.Consider approval or other action to award purchase of seven sport utility vehicles to Caldwell Country ($204,616.00).   Consider approval or other action to award purchase of seven sport utility vehicles to Caldwell Country ($204,616.00).   2.Consider approval or other action to award purchase of four full size sedans to Dallas Dodge ($96,138). Consider approval or other action to award purchase of four full size sedans to Dallas Dodge ($96,138). 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 December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: General Fund General Fund D. Mick D. Mick Source of Funds:Source of Funds: Requested By: 001001--61466146--515515--9050 9050 Public Works Public Works Department: and 001and 001--70727072--532532-- Account Number:Account Number: Report:Resolution:Resolution:Ordinance:Ordinance: 2015 2015 Other: $274,916.00$274,916.00--Acct. Acct. 001001--61466146--515515--9050 9050 Amount Budgeted:Amount Budgeted: $115,005.00$115,005.00--Acct. Acct. 001001--70727072--532532--2015 2015 Attachments :Attachments : $10,120.00$10,120.00--Acct. Acct. 001001--61466146--515515--9050 9050 1. Bid Tabulation1. Bid Tabulation $115,005.00$115,005.00-- Amount Requested:Amount Requested: 2. Bidder's List: Public Purchase Access Report2. Bidder's List: Public Purchase Access Report Acct.001Acct.001--70727072--532532-- 2015 2015 Budgeted Item:Budgeted Item:YESYESNONO SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS   The Solid Waste Division will order 27,500 rolls (1.5 mil thick; 30 gallon size).  This is approximately the same The Solid Waste Division will order 27,500 rolls (1.5 mil thick; 30 gallon size).  This is approximately the same quantity and dimensions as recent years.  27,500 rolls will provide for the distribution of 3 rolls of bags to each quantity and dimensions as recent years.  27,500 rolls will provide for the distribution of 3 rolls of bags to each residential customer in the City and an additional 2,000 rolls for new services and 2,000 for sale.  Bags are residential customer in the City and an additional 2,000 rolls for new services and 2,000 for sale.  Bags are scheduled for distribution to residents in February.  Delivery of the bags is scheduled for midscheduled for distribution to residents in February.  Delivery of the bags is scheduled for mid--December.December.   Bids for the advertised sealed bid (Bid #15004) for plastic garbage bags were opened and read on November 18, Bids for the advertised sealed bid (Bid #15004) for plastic garbage bags were opened and read on November 18, 2014.   Bid notification was accessed online by 21 vendors, with 6 returning bids.  A request for bids was also 2014.   Bid notification was accessed online by 21 vendors, with 6 returning bids.  A request for bids was also advertised in the Bay Area Observer and posted on the City website.  advertised in the Bay Area Observer and posted on the City website.    The lowest and best bid was submitted by Dyna Pak Corporation for $4.55 per roll representing a total of $125,125 The lowest and best bid was submitted by Dyna Pak Corporation for $4.55 per roll representing a total of $125,125 for 27,500 rolls (a 12 percent increase over last year at $4.06 per roll). for 27,500 rolls (a 12 percent increase over last year at $4.06 per roll). The city typically hands out about 23,000 rolls to residents each February, sells 3000 rolls to residents wishing to The city typically hands out about 23,000 rolls to residents each February, sells 3000 rolls to residents wishing to purchase additional rolls and provides an additional 2000 rolls to new customers enrolled throughout the year.  purchase additional rolls and provides an additional 2000 rolls to new customers enrolled throughout the year.  Public works currently has 900 rolls in stock.  Public works currently has 900 rolls in stock.     The FY 14_15 budget for this item is $115,005. The FY 14_15 budget for this item is $115,005.   *Additional funding would come from general fund contingency in the amount of $10,120.  *Additional funding would come from general fund contingency in the amount of $10,120.    The city bid specified 28,000 rolls.  The low bidder, Dyna Pak Corporation, agreed to the cityThe city bid specified 28,000 rolls.  The low bidder, Dyna Pak Corporation, agreed to the city’’s revised request of s revised request of 27,500 rolls.  Action Required of Council:Action Required of Council: Consider approval or other action awarding Bid No. 15004 for 27,500 rolls of 1.5 mil, 30 gallon plastic garbage Consider approval or other action awarding Bid No. 15004 for 27,500 rolls of 1.5 mil, 30 gallon plastic garbage bags to Dyna Pak Corporation in the amount of $125,125.  bags to Dyna Pak Corporation in the amount of $125,125.  Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate BID TABULATION #15004 - PLASTIC GARBAGE BAGS Interboro QTY/*DYNA PAK CENTRAL POLY All American Opened on November 18, 2014Waste ZeroJADCORE Packaging ROLLSCORPCORPPoly 30 Gallon Size 1.5 mil plastic 28,000$4.55 $5.20$5.24$5.25$5.60$7.20 $4.55 28,000 garbage bags as per specifications TOTAL PRICE$127,400.00$145,600.00$146,720.00$147,000.00$156,800.00$201,600.00 *lowest bidder agreed to hold price for *lowest bidder agreed to hold price for a lower quantity of 27,500 rolls. a lower quantity of 27,500 rolls. REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Various Various M. Dolby M. Dolby Source of Funds:Source of Funds: Requested By: Various Various Finance Finance Account Number:Account Number: Department: Yes Yes Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Encumbrance Rollover Report1. Encumbrance Rollover Report SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The City’s fiscal year ended September 30, 2014.  There are 20 outstanding purchase orders staff is requesting to s fiscal year ended September 30, 2014.  There are 20 outstanding purchase orders staff is requesting to roll-over. The purchase orders represent goods that are ordered and budgeted funds committed to procure items over. The purchase orders represent goods that are ordered and budgeted funds committed to procure items necessary to operate the City.necessary to operate the City.   A breakdown of the open purchase orders, encumbrances and budget rollA breakdown of the open purchase orders, encumbrances and budget roll--over requests by operating fund are as over requests by operating fund are as follows:   FUNDNUMBERNUMBERAMOUNTAMOUNT General Fund1313$78,182.31$78,182.31 Utility Fund227,783.367,783.36 Technology FundTechnology Fund1142,056.9442,056.94 Emergency Services District FundEmergency Services District Fund1149, 928.7549, 928.75 Economic Development FundEconomic Development Fund33100,000.00100,000.00    Totals2020$ 277,951.36$ 277,951.36   The above encumbrances will not have an impact on the projected working capital balances for fiscal year 2015 The above encumbrances will not have an impact on the projected working capital balances for fiscal year 2015 because the encumbrances were budgeted in the fiscal year 2014.because the encumbrances were budgeted in the fiscal year 2014.                                                                                                                              Action Required of Council:Action Required of Council: Consider approval or other action to roll over the requested encumbrances from FY 2014 to FY 2015.Consider approval or other action to roll over the requested encumbrances from FY 2014 to FY 2015. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate CITY OF LAPORT E ENCUMBRANCE ROLLOVER REPORT For the Fiscal Year Ended September 30, 2014 P. O Encumbrance FundNumberVendor NameAmountDescription 001C13116Bear Land Surveying Company5,100.00Professional Survey Services 001140055HDR Engineering, Inc.500.00Online GIS Web Hosting 001140072Harris County Treasurer3,159.11Radio Communications 001140162Cobb Fendley & Associates8,050.00Professional Engineering Services 001140170HDR Engineering, Inc.7,699.20Engineering Services for GIS Technical 001140217MHHS Hermann Hospital668.00Sexual Assault Medical Exams 001140304RC Chuoke & Associates3,800.00Professional Appraisal Services 001140403MHHS Southeast Hospital1,339.00Sexual Assault Medical Exams 001140531Texas Childrens Hospital570.00Sexual Assault Medical Exams 001140533HGAC5,000.00Aerial Imagery 001140542City of Houston7,312.00Radio Programming and Fleet Mapping 001140574MLG Construction33,000.00Demolition of Dangerous Building 001140590Houston 2Way Radio1,985.00Radio Atennas 13Total General Fund78,182.31 002130454MDN Enterprises3,283.36Meters and Accessories 002140565Pasadena Fence Company4,500.00Replace Perimeter Fence Around LS#39 2Total Utility Fund7,783.36 023140518Datavox42,056.94EMC Professional Services 1Technology Fund42,056.94 034140546Consolidated Traffic Controls49,928.75Installation and Equipment for Intersection Lights 1Emergency Services District49,928.75 038140473Intergulf Corporation45,000.00Special Programs 038140474Richard Design Services15,000.00Development Project 038140475La Porte Plaza LP40,000.00Redevelopment of Property 3Economic Development100,000.00 20Total Encumbrances$277,951.36 S:\\FinanceShare\\AGENDAITEMS\\12.08.2014\\Encumbrancelistforagendaitem.xlsx REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A E. Ensey E. Ensey 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 : SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of an amendment to the CityThe request is for consideration of an amendment to the City’’s Future Land Use Map in response to the proposed s Future Land Use Map in response to the proposed zone change application #14zone change application #14--92000003. This request would amend the City92000003. This request would amend the City’’s Future Land Use Map for the s Future Land Use Map for the subject property from Large Lot Residential to Lowsubject property from Large Lot Residential to Low--Density Residential.Density Residential.   Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission reviewed this request at the October 30, 2014 meeting. The Commission The Planning and Zoning Commission reviewed this request at the October 30, 2014 meeting. The Commission voted unanimously to recommend approval of the amendment to the Future Land Use Map from Large Lot voted unanimously to recommend approval of the amendment to the Future Land Use Map from Large Lot Residential to LowResidential to LowResidential to LowResidential to Low----Density Residential.Density Residential.Density Residential.Density Residential.   Background Information:Background Information: Staff is presenting a request for an amendment to the CityStaff is presenting a request for an amendment to the City’’s Future Land Use Plan as a result of an application for s Future Land Use Plan as a result of an application for a rezoning of a tract of land owned by Joe Chambers. The subject lots were originally platted and were part of the a rezoning of a tract of land owned by Joe Chambers. The subject lots were originally platted and were part of the Battleground Estates subdivision. These lots were formerly known as Lots 164Battleground Estates subdivision. These lots were formerly known as Lots 164--166, Block 7, Battleground Estates. 166, Block 7, Battleground Estates. In 1994, Lots 164In 1994, Lots 164--166 were replatted and combined with the adjacent lot to the south and rezoned LL, Large Lot 166 were replatted and combined with the adjacent lot to the south and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164Residential. Mr. Chambers is requesting that Lots 164--166 be returned back to their original configuration so he 166 be returned back to their original configuration so he may deed the property to his daughter for construction a house.may deed the property to his daughter for construction a house.   The City of La PorteThe City of La Porte’’s Land Use Map currently identifies Lots 164s Land Use Map currently identifies Lots 164--166 as Large Lot Residential. In order to 166 as Large Lot Residential. In order to rezone the property, the Cityrezone the property, the City’’s Land Use Map would need to be amended to identify this site as Low Density s Land Use Map would need to be amended to identify this site as Low Density Residential. The subject property will be a consistent use with those properties located adjacent to the east and Residential. The subject property will be a consistent use with those properties located adjacent to the east and west and across the street to the north, since the subject lots were originally part of the same subdivision west and across the street to the north, since the subject lots were originally part of the same subdivision development. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action of an Ordinance amending the City of La PorteConsider approval or other action of an Ordinance amending the City of La Porte’’s Future Land Use Map s Future Land Use Map for the referenced property from LL to Rfor the referenced property from LL to R--1.1. 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 December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: Source of Funds:Source of Funds: Eric Ensey Eric Ensey Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. Land Use Map3. Land Use Map 4. Site Survey4. Site Survey SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The request is for consideration of an amendment to the CityThe request is for consideration of an amendment to the City’’s Future Land Use Map in response to the proposed s Future Land Use Map in response to the proposed zone change application #14zone change application #14--92000003. This request would amend the City92000003. This request would amend the City’’s Future Land Use Map for the s Future Land Use Map for the subject property from Large Lot Residential to Lowsubject property from Large Lot Residential to Low--Density Residential.Density Residential.   Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission reviewed this request at the October 30, 2014 meeting. The Commission The Planning and Zoning Commission reviewed this request at the October 30, 2014 meeting. The Commission voted unanimously to recommend approval of the amendment to the Future Land Use Map from Large Lot voted unanimously to recommend approval of the amendment to the Future Land Use Map from Large Lot Residential to LowResidential to LowResidential to LowResidential to Low----Density Residential.Density Residential.Density Residential.Density Residential.   Background Information:Background Information: Staff is presenting a request for an amendment to the CityStaff is presenting a request for an amendment to the City’’s Future Land Use Plan as a result of an application for s Future Land Use Plan as a result of an application for a rezoning of a tract of land owned by Joe Chambers. The subject lots were originally platted and were part of the a rezoning of a tract of land owned by Joe Chambers. The subject lots were originally platted and were part of the Battleground Estates subdivision. These lots were formerly known as Lots 164Battleground Estates subdivision. These lots were formerly known as Lots 164--166, Block 7, Battleground Estates. 166, Block 7, Battleground Estates. In 1994, Lots 164In 1994, Lots 164--166 were replatted and combined with the adjacent lot to the south and rezoned LL, Large Lot 166 were replatted and combined with the adjacent lot to the south and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164Residential. Mr. Chambers is requesting that Lots 164--166 be returned back to their original configuration so he 166 be returned back to their original configuration so he may deed the property to his daughter for construction a house.may deed the property to his daughter for construction a house.   The City of La PorteThe City of La Porte’’s Land Use Map currently identifies Lots 164s Land Use Map currently identifies Lots 164--166 as Large Lot Residential. In order to 166 as Large Lot Residential. In order to rezone the property, the Cityrezone the property, the City’’s Land Use Map would need to be amended to identify this site as Low Density s Land Use Map would need to be amended to identify this site as Low Density Residential. The subject property will be a consistent use with those properties located adjacent to the east and Residential. The subject property will be a consistent use with those properties located adjacent to the east and west and across the street to the north, since the subject lots were originally part of the same subdivision west and across the street to the north, since the subject lots were originally part of the same subdivision development Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action of an Ordinance amending the City of La PorteConsider approval or other action of an Ordinance amending the City of La Porte’’s Future Land Use Map s Future Land Use Map for the referenced property from LL to Rfor the referenced property from LL to R--1.1. Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate SURROUNDING LAND USE MAP DEAF SMITH DR LI LDR BOIS DARC DR PROPOSED AMENDMENT FROM LARGE LOT RESIDENTIAL TO LOW-DENSITY RESIDENTIAL LL LAND USE LARGE LOT RESIDENTIAL LOW-DENSITY RESIDENTIAL 1 inch = 200 feet LIGHT INDUSTRIAL REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development 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 applicant (Mr. Joe Chambers) seeking to rezone 0.38 acre of land described as the former Lots 164The applicant (Mr. Joe Chambers) seeking to rezone 0.38 acre of land described as the former Lots 164--166, 166, Block 7, Battleground Estates, Section 1, Harris County, Texas, as recorded in Volume 41, Page 65, from LL, Block 7, Battleground Estates, Section 1, Harris County, Texas, as recorded in Volume 41, Page 65, from LL, Large Lot Residential, to RLarge Lot Residential, to R--1, Low Density Residential.1, Low Density Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the October 30, 2014, meeting concerning this The Planning and Zoning Commission conducted a public hearing at the October 30, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City in support of the application (from rezoning request. One public hearing notice response was received by the City in support of the application (from the immediately adjacent property owned by Mr. Colby Uhl, 11026 Bois Dthe immediately adjacent property owned by Mr. Colby Uhl, 11026 Bois D’’Arc Drive). No member of the public Arc Drive). No member of the public testified for or against the application at the meeting. The Commission voted unanimously to recommend approval testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property from LL, Large Lot Density Residential, to Rof the rezoning of the subject property from LL, Large Lot Density Residential, to Rof the rezoning of the subject property from LL, Large Lot Density Residential, to Rof the rezoning of the subject property from LL, Large Lot Density Residential, to R----1, Low Density Residential. 1, Low Density Residential. 1, Low Density Residential. 1, Low Density Residential. The CommissionThe Commission’’s approval was subject to the condition that applicant be required to replat the subject property to s approval was subject to the condition that applicant be required to replat the subject property to recognize the lot configuration identified in this rezoning request. The applicant shall have 180 days from the City recognize the lot configuration identified in this rezoning request. The applicant shall have 180 days from the City Council’s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.   Background Information:Background Information: The subject site proposed to be rezoned is approximately 0.380 acres and is located on the south side of Bois The subject site proposed to be rezoned is approximately 0.380 acres and is located on the south side of Bois D’Arc Drive. The subject property was originally platted as Lots, 164Arc Drive. The subject property was originally platted as Lots, 164--166, Block 7, Section 1, Battleground 166, Block 7, Section 1, Battleground Estates Subdivision in 1953. The subject site was replatted in 1994 and combined with the adjacent lot to the south Estates Subdivision in 1953. The subject site was replatted in 1994 and combined with the adjacent lot to the south and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164--166 be returned back to their 166 be returned back to their original configuration so he may deed the property to his daughter for construction of a house.original configuration so he may deed the property to his daughter for construction of a house. Should the City Council approve the rezoning of this tract of land, the applicant will be required to replat the Should the City Council approve the rezoning of this tract of land, the applicant will be required to replat the property. The purpose of this replat is twoproperty. The purpose of this replat is two--fold: 1.) to separate Lots 164fold: 1.) to separate Lots 164--166, and 2.) to add that portion of Lot 161 166, and 2.) to add that portion of Lot 161 to the Large Lot Zoned parcel in order to provide access for the lot to a public rightto the Large Lot Zoned parcel in order to provide access for the lot to a public right--ofof--way.way. Staff concurs with the Planning and Zoning CommissionStaff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action of an Ordinance amending Chapter 106 Zoning, which approves Rezone Consider approval or other action of an Ordinance amending Chapter 106 Zoning, which approves Rezone Request #14Request #14--92000003, rezoning the referenced property from LL to R92000003, rezoning the referenced property from LL to R--1.1.   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 December 8, 2014December 8, 2014AppropriationAppropriation Agenda Date Requested:Agenda Date Requested: N/A N/A E. Ensey E. Ensey Source of Funds:Source of Funds: Requested By: Account Number:Account Number: Planning & Development Planning & Development Department: Amount Budgeted:Amount Budgeted: Report:Resolution:Resolution:Ordinance:Ordinance: Amount Requested:Amount Requested: Other: Budgeted Item:Budgeted Item:YESYESNONO Attachments :Attachments : 1. Ordinance1. Ordinance 2. P&Z Recommendation Letter2. P&Z Recommendation Letter 3. Zone Change Application3. Zone Change Application 4. Zoning and Area Map4. Zoning and Area Map 5. Land Use Map5. Land Use Map 6. Existing Replat6. Existing Replat 7. Proposed Lot Configuration7. Proposed Lot Configuration SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS The applicant (Mr. Joe Chambers) seeking to rezone 0.38 acre of land described as the former Lots 164The applicant (Mr. Joe Chambers) seeking to rezone 0.38 acre of land described as the former Lots 164--166, 166, Block 7, Battleground Estates, Section 1, Harris County, Texas, as recorded in Volume 41, Page 65, from LL, Block 7, Battleground Estates, Section 1, Harris County, Texas, as recorded in Volume 41, Page 65, from LL, Large Lot Residential, to RLarge Lot Residential, to R--1, Low Density Residential.1, Low Density Residential.  Planning and Zoning Commission RecommendationPlanning and Zoning Commission Recommendation:: The Planning and Zoning Commission conducted a public hearing at the October 30, 2014, meeting concerning this The Planning and Zoning Commission conducted a public hearing at the October 30, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City in support of the application (from rezoning request. One public hearing notice response was received by the City in support of the application (from rezoning request. One public hearing notice response was received by the City in support of the application (from rezoning request. One public hearing notice response was received by the City in support of the application (from the immediately adjacent property owned by Mr. Colby Uhl, 11026 Bois Dthe immediately adjacent property owned by Mr. Colby Uhl, 11026 Bois D’’Arc Drive). No member of the public Arc Drive). No member of the public testified for or against the application at the meeting. The Commission voted unanimously to recommend approval testified for or against the application at the meeting. The Commission voted unanimously to recommend approval of the rezoning of the subject property from LL, Large Lot Density Residential, to Rof the rezoning of the subject property from LL, Large Lot Density Residential, to R--1, Low Density Residential. 1, Low Density Residential. The CommissionThe Commission’’s approval was subject to the condition that applicant be required to replat the subject property to s approval was subject to the condition that applicant be required to replat the subject property to recognize the lot configuration identified in this rezoning request. The applicant shall have 180 days from the City recognize the lot configuration identified in this rezoning request. The applicant shall have 180 days from the City Council’s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take s approval of the rezoning request to secure the necessary plat approval, or said rezoning would not take effect.   Background Information:Background Information: The subject site proposed to be rezoned is approximately 0.380 acres and is located on the south side of Bois The subject site proposed to be rezoned is approximately 0.380 acres and is located on the south side of Bois D’Arc Drive. The subject property was originally platted as Lots, 164Arc Drive. The subject property was originally platted as Lots, 164--166, Block 7, Section 1, Battleground 166, Block 7, Section 1, Battleground Estates Subdivision in 1953. The subject site was replatted in 1994 and combined with the adjacent lot to the south Estates Subdivision in 1953. The subject site was replatted in 1994 and combined with the adjacent lot to the south and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164and rezoned LL, Large Lot Residential. Mr. Chambers is requesting that Lots 164--166 be returned back to their 166 be returned back to their original configuration so he may deed the property to his daughter for construction of a house.original configuration so he may deed the property to his daughter for construction of a house. Should the City Council approve the rezoning of this tract of land, the applicant will be required to replat the Should the City Council approve the rezoning of this tract of land, the applicant will be required to replat the property. The purpose of this replat is twoproperty. The purpose of this replat is two--fold: 1.) to separate Lots 164fold: 1.) to separate Lots 164--166, and 2.) to add that portion of Lot 161 166, and 2.) to add that portion of Lot 161 to the Large Lot Zoned parcel in order to provide access for the lot to a public rightto the Large Lot Zoned parcel in order to provide access for the lot to a public right--ofof--way.way. Staff concurs with the Planning and Zoning CommissionStaff concurs with the Planning and Zoning Commission’’s recommendation to conditionally approve the rezoning s recommendation to conditionally approve the rezoning request. The proposed rezoning is consistent with all applicable zoning regulations and the Cityrequest. The proposed rezoning is consistent with all applicable zoning regulations and the City’’s Comprehensive s Comprehensive Plan. Action Required of Council:Action Required of Council: 1.Conduct public hearing.Conduct public hearing. 2.Consider approval or other action of an Ordinance amending Chapter 106 Zoning, which approves Rezone Consider approval or other action of an Ordinance amending Chapter 106 Zoning, which approves Rezone Request #14Request #14--92000003, rezoning the referenced property from LL to R92000003, rezoning the referenced property from LL to R--1.1.   Approved for City Council AgendaApproved for City Council Agenda Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate µ AREA MAP WITH ZONING DISTRICTS ZONE CHANGE REQ. #14-92000003 11000 10914 901 10910 11029 11051 11035 DEAF SMITH DR R-1 LI 1090610922 10902 11021 917 11027 10911 10907 BOIS DARC DR 11026 108081091610912 1101 PROPOSED REZONE FROM LLTO R-1 1109 11102 0 1115 LL 1121 11103 1110111115 10959 10929 1 inch = 200 feet SURROUNDING LAND USE MAP DEAF SMITH DR LI LDR BOIS DARC DR PROPOSED AMENDMENT FROM LARGE LOT RESIDENTIAL TO LOW-DENSITY RESIDENTIAL LL LAND USE LARGE LOT RESIDENTIAL LOW-DENSITY RESIDENTIAL 1 inch = 200 feet LIGHT INDUSTRIAL Council Agenda Item December 8, 2014 Receive report of La Porte Development Corporation Board Councilmember Engelken *********************************************************************************** Council Agenda Item Council Agenda Item December 8, 2014 December 8, 2014 9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS •Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014Christmas Holidays, Wednesday, December 24, 2014 and Thursday, December 25, 2014 •La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, La Porte Redevelopment Authority/La Porte Tax Reinvestment Zone Number One Meeting, Wednesday, December 10, 2014 Wednesday, December 10, 2014 10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community regarding matters appearing on the agenda; recognition of community 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 Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp and Mayor RigbyEngelken, Earp and Mayor Rigby   11.EXECUTIVE SESSIONEXECUTIVE SESSION  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, in accordance with the authority contained in:Code, in accordance with the authority contained in:   Texas Government Code, Section 551.072Texas Government Code, Section 551.072––For the purpose of deliberating the purchase, For the purpose of deliberating the purchase, exchange, lease or value of real property: former Parks and Wildlife Building surrounding property.exchange, lease or value of real property: former Parks and Wildlife Building surrounding property. Texas Government Code, Section 551.071(1)(A)Texas Government Code, Section 551.071(1)(A)-- Consultation with City Attorney: Pending or Consultation with City Attorney: Pending or Contemplated Litigation Contemplated Litigation -- Michael Williams vs. City of La Porte. Michael Williams vs. City of La Porte. 12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive session.session.   13.ADJOURNADJOURN 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 December 8, 2014, agenda of items to be considered by the City Council was posted on the I certify that a copy of the December 8, 2014, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on December 2, 2014.City Hall bulletin board on December 2, 2014. Patrice FogartyPatrice Fogarty ****************************************************************** ******************************************************************