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HomeMy WebLinkAbout01-12-15 Regular Meeting of La Porte City CouncilLOUIS R. RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTI E KAM I NSKI Mayor Pro-Tem Councilmember At Large B DANNYEARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYLLEONARD Councilmember District 3 TOM MY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 M IKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the LaPorte City Council to be held January12, 2015, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Jay Martin. 4. PUBLIC COMMENTS (Limited to five minutes per person.) 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the special meeting held on December 15, 2014 - P. Fogarty (b) Consider approval or other action authorizing the Planning Director to execute a Pipeline Permit to Dow Hydrocarbons and Resources, LLC, for the first phase of construction of a 12-inch Ethane Y-Grade pipeline with La Porte - T. Tietjens (c) Consider approval or other action of a professional service agreement with HDR Engineering, Inc., for on -going GIS Technical Services - T. Tietjens (d) Consider approval or other action authorizing city staff to accept quotes from Kraftsman Commercial Playgrounds & Water Parks for park equipment at City splash parks and initiating the BuyBoard purchase - R. Epting (e) Consider approval or other action regarding an Ordinance amending Chapter 70, Traffic and Vehicles of the Code of Ordinances, by adjusting speed limits on Highway 146 frontage roads - K. Adcox (f) Consider approval or other action utilizing the BuyBoard contract for equipment and installation through CAP Fleet Upfitters - K. Adcox (g) Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-2015 to Austin Freightliner through Texas BuyBoard - D. Mick (h) Consider approval or other action awarding Bid #15005 for Water and Sewer Supplies - D. Mick (i) Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015 to Brookside Equipment through Texas BuyBoard - D. Mick 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding recommendations by Planning and Zoning Commission to approve Rezone Request #14-92000004, for the rezoning of property described as 1.6611 acre tract of land located at the southeast corner of Spencer Highway and Underwood from Low Density Residential District(R-1) to General Commercial (GC) - E. Ensey (b) 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 Low Density Residential (R-1) to General Commercial (GC) for a 1.6611 acre tract of land located at the southeast corner of Spencer Highway and Underwood - E. Ensey (c) Public Hearing to receive comments regarding condemnation offour (4) substandard buildings - R. Davidson (d) Consider approval or other action regarding Ordinances providing for condemnation of substandard buildings located at 500 W. Main and 303 S. Iowa - R. Davidson 7. AUTHORIZATION&ORDINANCES (a) Consider approval or other action regarding an Ordinance adopting the 2015 International Fire Code (IFC) with local amendments as recommended by the Fire Code Review Board and the La Porte Fire Marshal's Office - C. Meekins (b) Consider approval or other action regarding an Ordinance renaming the North Side Park, located at the corner of N. 4th and Tyler Streets, to the Martin Luther King, Jr., Park - P. Fogarty (c) Consider approval or other action of $25,000 sponsorship of the 2015 International Federation of Disabled Sailors Blind Sailing World Championship, and consider approval or other action to include the funds in the City's quarterly FY 2015 Budget Amendment - Mayor Louis R. Rigby 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding proposed Legacy at La Porte Multifamily Development - E. Ensey (b) Discussion or other action regarding the surcharge fee component of the City of La Porte Industrial Waste Ordinance - D. Mick 9. REPORTS (a) Receive report of La Porte Development Corporation - Councilmember Engelken 10. ADMINISTRATIVE REPORTS City Council Meeting, Monday, January 26, 2015 Fiscal Affairs Committee Meeting, Monday, January 26, 2015 11. 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 Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen and Mayor Rigby 12. ADJOURN The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code (the Texas open meetings laws). 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 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the January 12, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on January 6, 2015. Council Agenda Item January 12, 2015 1. CALL TO ORDER 2. INVOCATION — The invocation will be given Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Jay Martin. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Council Agenda Item January 12, 2015 5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the special meeting held on December 15, 2014 - P. Fogarty (b) Consider approval or other action authorizing the Planning Director to execute a Pipeline Permit to Dow Hydrocarbons and Resources, LLC, for the first phase of construction of a 12-inch Ethane Y-Grade pipeline with La Porte - T. Tietjens (c) Consider approval or other action of a professional service agreement with HDR Engineering, Inc., for on -going GIS Technical Services - T. Tietjens (d) Consider approval or other action authorizing city staff to accept quotes from Kraftsman Commercial Playgrounds & Water Parks for park equipment at City splash parks and initiating the BuyBoard purchase - R. Epting (e) Consider approval or other action regarding an Ordinance amending Chapter 70, Traffic and Vehicles of the Code of Ordinances, by adjusting speed limits on Highway 146 frontage roads - K. Adcox (f) Consider approval or other action utilizing the BuyBoard contract for equipment and installation through CAP Fleet Upfitters - K. Adcox (g) Consider approval or other action awarding Vehicle Replacements for Fiscal Year 2014-2015 to Austin Freightliner through Texas BuyBoard - D. Mick (h) Consider approval or other action awarding Bid #15005 for Water and Sewer Supplies - D. Mick 0) Consider approval or other action awarding Vehicle Replacement for Fiscal Year 2014-2015 to Brookside Equipment through Texas BuyBoard - D. Mick LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember At Large A DOTTIE KAMINSKI Mayor Pro Tem Councilmember At Large B DANNY EARP Councilmember District 1 CHUCK ENGELKEN Councilmember District 2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE DECEMBER 15, 2014 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a special meeting on Monday, December 15, 2014, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00 p.m. to consider the following items of business: CALL TO ORDER Mayor Rigby called the meeting to order at 5:00 p.m. Members of Council present: Councilmembers Kaminski, Clausen, Earp, Moser, Leonard, and Engelken. Absent: Councilmembers Zemanek and Martin. Also present were City Secretary Patrice Fogarty, and City Manager Corby Alexander. 2. PUBLIC COMMENTS (Limited to five minutes per person.) There were no public comments. 3. 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 December 8, 2014 — P. Fogarty Councilmember Clausen moved to approve the minutes, as amended. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Moser, Leonard, Engelken, Clausen, Kaminski and Earp Nays: None Absent: Councilmembers Martin and Zemanek 4. AUTHORIZATIONS (a) Consider authorizing the renewal of the City's Stop Loss Coverage — A. Curry Councilmember Earp asked how much the City paid for the City's Stop Loss Coverage and how much was paid out by Voya as the Reinsurance provider. Vice -President Lance Pendley with McGriff, Seibels and Williams of Texas, Inc., responded zero claims were paid in 2013 and $100,000.00 in claims through October for the current year. Councilmember Earp asked how much the City will pay for premiums for 2014. Mr. Pendley responded $350,000.00. Councilmember Earp questioned the justification of an increase to renew the City's Stop Loss Coverage with Voya. Mr. Pendley responded it is a market increase. Councilmember Earp questioned if the City can request an extension for 30 days Page 1 of 2 December 15, 2014, Special Council Meeting Minutes to obtain additional bids. Mr. Pendley advised it can be extended, but the 12-month Stop Loss Agreement will be off from the calendar year plan. Councilmember Earp commented the increase is not justifiable. Councilmember Earp commented he has a problem with not having the opportunity to review the profit margins of the Stop Loss Agreement before being asked to make a decision on the item being presented. Mr. Pendley advised Council the intent was to include the item on the December 8, 2014 agenda; but he had to correct information that was not proper in the spreadsheet. Councilmember Earp commented that in the future, the item needs to be presented before the end of the year. Councilmember Leonard moved to authorize the renewal of the City's Stop Loss Coverage. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Clausen, Leonard, and Moser Nays: Councilmembers Earp, Kaminski and Engelken Absent: Councilmembers Martin and Zemanek 5. ADMINISTRATIVE REPORTS There were no reports. 6. 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 Clausen, Martin, Moser, Kaminski, Zemanek Leonard, Engelken, Earp, and Mayor Rigby. Councilmembers Clausen reiterated with Councilmember Earp about starting earlier with the Stop Loss Coverage renewal process and wished everyone a Merry Christmas; Councilmember Kaminski commented the Employee Christmas Party was nice and wished everyone a Merry Christmas; Councilmember Engelken reiterated what was said about starting earlier with the renewal process and wished everyone a Merry Christmas; Councilmember Earp commented he deals with insurance a lot in private industry and has changed insurance agents after doing business with them for many years because of increased premiums; he also wished everyone a Merry Christmas; Mayor Rigby commented the motion was to adopt what was presented and not to go back and negotiate something that was already done. Mayor Rigby also added twelve bids were sent out, and only two bids were returned; some responded they could not be competitive. Councilmember Earp advised he understands the process. Mayor Rigby also wished everyone a Merry Christmas and a great 2015. 7. ADJOURN There being no further business, the meeting adjourned at 5:17 p.m. Patrice Fogarty, City Secretary Passed and approved on January 12, 2015. Mayor Louis R. Rigby Page 2 of 2 December 15, 2014, Special Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By: T. Tietjens Department: Planning & Development Report: Resolution: "0 Ordinance: Exhibits: Pipeline Permit Other: Application; Pipeline Permit #14- 37000003; Area Map Attachments : 1. Pipeline Permit Application 2. Pipeline Permit # 14-37000003 3. Area Map Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 10 YES SUMMARY & RECOMMENDATIONS "i' NO Dow Hydrocarbons and Resources, LLC, has made application with the City to construct the first phase of a 12" Ethane Y-Grade Liquids pipeline within La Porte. The overall project will originate at Dow Chemical Company's Union Carbide Plant in Texas City and will terminate at the company's Mont Belvieu facility. The company seeks to permit the `La Porte' segment of its project in two individual phases. The first of which is the subject of this application. The second phase will be presented to Council at a later date. Staff's review of the company's first phase construction plan has determined that no existing city utilities or drainage will be affected by the pipeline's construction. Upon approval of Council, the Director of Planning will execute a construction permit to Dow Hydrocarbons and Resources, LLC, in duplicate originals, one which shall be delivered to the Permittee; and one which shall be retained by the City, as required by ordinance. Action Required of Council: Consider approval or other action authorizing the Planning Director to execute a Pipeline Permit to Dow Hydrocarbons and Resources, LLC, for the first phase of construction of a 12-inch Ethan Y-Grade liquids pipeline within the city of La Porte. Approved for City Council Agenda Corby D. Alexander, City Manager Date City of La Porte, Texas Pipeline Permit Application ..........................................Information of Owner and Applicant............................................ Company Name: Dow Hydrocarbons and Resources LLC Company Address: 1254 Enclave Pkwy Houston TX 77077 Phone & Fax Number:(281)966-4088 ph; Email: ihdial(p�dow.com Person Submitting Application: Chico Negual Title of Person Submitting Application: Permitting Right-of-way Agent —Wood Group Mustang Phone & Fax Number:(479) 283-7498 ph; (972) 739-6715 fax Email: dnegual(aD-hotmail.com Acting for Owner as: Permit Agent Principal Contact for Submittal Information: Jere Dial Title of Principal Contact: Manager Land and Right-of-way Phone & Fax Number:(281)966-4068 ph•(281)966-4050 fax Email: ihdiala-dow.com ....................................Information on Twenty -Four Hour Emergency Contacts....................... Twenty -Four Hour Emergency Contact: Dow Pipeline Company Title of Twenty -Four Hour Emergency Contact: Dow Pipeline Company 24-Hour Emergency Line Phone and Fax Number: (800) 223 4412 Other Numbers for Emergency Contact (pager, cellular, etc.): Alternate Twenty -Four Hour Emergency Contact: Tilte of Alternate Twenty -Four Hour Emergency Contact: Phone and Fax Number: Other Numbers for Alternate Contact (pager, cellular, etc.): ......................................Information on Twenty -Four Hour Emergency Contacts....................... Size in Diameter: 12-inch Commodity(s): Ethane Y-Grade Liquids Origin Point: Dow Chemical Company's Union Carbide Plant in Texas City, Galveston County Destination Point: Dow Chemical Company's Mont Belvieu facility in Mont Belvieu Chambers County Normal Operating Pressure: psi Maximum Operation Pressure: 2160 psi Maximum Allowable Temperature (if applicable): N/A City of La Porte Planning and Development Department M E:•tabllii:;llred 11892 T'iiorn "lf'iieticir)s, Diiirea::::crir Tax*$ January 12, 2015 Dow Hydrocarbons and Resources, LLC 1254 Enclave Pkwy. Houston, TX 77077 Attn: Mr. Chico Negual/Wood Group Mustang RE: Pipeline Transportation Permit (PT-14-37000003) Dear Mr. Negual: Your application for a permit to construct a 12" Ethane Y-Grade has been approved by La Porte City Council. You are hereby regulations set forth in City of La Porte Ordinance 2004-2755 and 1. Notify City Staff no less than 48 hours prior 2. Post copies of this Permit at all public right-of-way crossings 3. Per Sec. 102-235, Item (k) of La Porte's Code of Ordiranc any time in the future, where such pipeline or portion thereo street, road or utility right-of-way, drainage way or public W is issued, reposition such pipeline (which, shall include lower if required) at the Permittee's sole expense, when the City public construction or public improvement: construction, in lines, sanitary sewer lines, storm sewers, ditches and public tl written notice of the need for repositioning location, and sui receipt requested, to the Permittee as designated in the applic to complete such repositioning. 4. Any and all construction materials utilized 1 ditches, drainage paths and/or drainagee completion of construction at each crossing. 5. Any fill material resulting from constructior 6. Prior to° fill from Sincerely, Tim Tietjens Planning Director of ie within the city limits of La Porte begin your project as governed by stinulated below: rd. 2004-2755): `the Permittee shall, at ses or is laid within, under or across any isting or projected at the time the permit raising the pipeline, as well as casing it, nably requires such action incidental to ance and improvement of streets, water The City shall give the Permittee prior ice shall be mailed certified mail, return The Permittee shall have six (6) months the pipeline contractor for access across any and all drainage nnels shall be promptly removed by the contractor upon shall be removed or be subject to a Fill Permit from the City. t major rain event, contractor shall remove all construction -related materials and/or way or roadside ditch as to not impede storm water runoff. CC: Finance Department; PT-12-37000001 File City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov f�)R a x��u���������� x��� x umu T T E7 o E R DE I,u f� a El E' 0 NOT TO SCALE r\ N REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Requested By: T. Tietjens Department: Planning & Development Report: ' �' Resolution:1101 Ordinance: '0 Other: '0 Attachments : 1. Proposal for GIS Technical Services Appropriation Source of Funds: General Funds Account Number: Amount Budgeted: Amount Requested: 00190915195007 70,000 70,000 Budgeted Item: YES 0 NO SUMMARY & RECOMMENDATIONS The City has utilized the services of HDR Engineering, Inc. for technical support in many of its GIS-related projects. Planning & Development Staff has identified four priorities for which the technical assistance of HDR will be required in the current budget year: 1. Address Management 2. Subdivision and Easements Feature Class Completion 3. ArcGIS for Server License Installation 4. Technical Support and Training A detailed description of each of these current priorities is further described in the attached proposal. Action Required of Council: Consider approval or other action of a professional services agreement with HDR Engineering, Inc. for on -going GIS technical services. Approved for City Council Agenda Corby D. Alexander, City Manager Date December 10, 2014 Mr. Brian Sterling, GIS Manager City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Re: On -Going GIS Technical Services Proposal Fiscal Year FY1415 City of La Porte Dear Mr. Sterling: HDR Engineering Inc. is pleased to offer the City of LaPorte (the "Owner") this proposed agreement for GIS Technical Services. Such services would be provided by HDR Engineering, Inc. (the "Engineer") on an on - call basis, as ordered by the Owner. It is anticipated that the Engineer will perform GIS Technical Services for the Owner within the framework of the following four (4) categories: 1. Address Management - These services will consist of the following tasks: a. Perform a comparative analysis of existing site addresses existing contained the following three data sources: 1) Harris County Appraisal District parcels data 2) Exported data from City of La Porte Utility Billing database 3) City of La Porte OSSI Computer Aided Dispatching address database (feature points) b. Research non -matching address numbers from the comparative analysis (item 1.a above) to verify actual existence, location, and necessary changes to allow for matches between the three sources. c. Create a mobile application to be used in gathering individual suite numbers, apartment numbers, etc. to supplement the development of existing and modified address points feature class created as a part of the comparative analysis and research listed above (item La and Lb above). d. Use consolidated address feature class (created merging data from items La, Lb, and 1.c above), along with guidance from City Staff, to rectify addresses currently existing in NaviLine database. This step will begin with onsite -training from Tax Office Department Head then continue via a remote connection to same to be established by City of La Porte IT Department. 2. Subdivision and Easements Feature Class Completion - These services will consist of the following tasks: a. Complete the creation of a feature class containing all known subdivisions for which a plat is available either through the City of La Porte or the Harris County Clerk's website hdrinc.com 46 t� cal.",',,Wx. a plications/websearch/MC.as x. Houston, TX 77027 T 713-622-9264 F 713-622-9265 Texas Registered Engineering Firm F-754 b. Complete the creation of a feature class containing casements as contained in: 1) Subdivision plats obtained as a part of item 2.a above. 2) Easements granted by separate documents as provided to HDR by the City of La Porte staff containing adequately detailed metes and bounds descriptions to enable the use of COGO tools in ArcGIS software for creation 3) Addition of both feature classes to the City's public and secure online GS wcbsites complete with linked PDFs of subdivision plats obtained in item La) 3. ArcGIS for Server License Installation — HDR GIS and IT Professionals will assist the City of La Porte IT Department in the remote installation and configuration of an existing City of La Porte ArcGIS for Server license on a virtual server meeting minimum specifications as recommended by HDR to City IT staff. 4. Technical Support and Training -These services will consist of the following tasks: a. Group and/or individual training and technical support on use of the City of La Porte ArcGIS Online subscription account. b. Technical support and training for GIS staff in the use of the ArcGIS for Server software. c. General GIS support (as needed) for technical, data, and troubleshooting issues The services provided in response to the Owner's request would be identified under a basic job/activity number to be assigned to this agreement at the fee rate cited hereinafter. It is proposed that the fee to be paid for all services provided under this agreement will be computed as described in Attachment "A", which is a part of this letter agreement. We will bill you monthly for services and reimbursable expenses. Actual hourly rates are subject to change by Engineer in the normal conduct of Engineer's Business. Hourly rates, multiplier, salary cost markups and mileage rate are subject to adjustment upward or downward over time and the Engineer reset ves the right to offer, at any future date, a revised multiplier rate, salary cost markup and mileage rate as a substitute for those previously in force, such action to be accomplished by an endorsement to this agreement and executed by both parties. However, each General GIS Services request, as described in the preceding paragraphs, shall be carried to completion using the multiplier schedule in effect at its initiation. The amount of this proposed agreement is for a NTE amount of $70,000. Services of specialized vendors such as reproduction companies, computer programmers, etc. will be accomplished by subcontract and billed to the Owner at cost plus ten percent (10%) as indicated in Attachment "A" or such services may be contracted for directly by the Owner if desired. If these services are contracted directly by the Owner, the Engineer assumes no responsibility for the adequacy of these services. The "General Conditions of Agreement Between Owner and Engineer" are attached (Attachment B) and shall be a part of this letter agreement. Our services will be available immediately upon the Owner's acceptance of this proposed letter agreement. Please indicate Owner acceptance of this letter agreement, by affixing your signature or that of your authorized representative in the space below and returning one copy to our office. We appreciate the opportunity to serve the City of La Porte and look forward to continuing a successful relationship. Sincerely, HDR ENGINEERING, INC. Proposed and Agreed to: v L� DAVID WESTON Vice President/Department Manager Accepted By: City of La Pcrte, Texas Signature: Name: Tim Tietjens Title: Director of Planning Date: ATTACHMENT "A" FEE BASIS - MULTIPLIER SCHEDULE The charge for services invoiced on an hourly basis will be the sum equal to 2.35 times salary costs of employees assigned to and working on the Project. The multiplier covers general overhead, professional development and profit. "Salary Cost" is defined as the cost of actual salaries of engineers, technicians, draftsmen, clerks, etc. for time directly chargeable to the Project, plus thirty percent (30%) for social security contributions, unemployment and payroll taxes, workmen's compensation insurance, retirement benefits, medical and insurance benefits, sick leave, jury duty, vacation and holiday pay applicable thereto. The actual salary rates shall include premium for overtime, when premium rates are actually paid. "Subcontract Expense" is that incurred by the Engineer in employment of outside firms for services such as computer programming, data acquisition, and similar services. "Direct Non -Labor Expense" is that incurred by the Engineer for supplies, transportation, equipment, travel, communications, copies, prints of maps, postage, subsistence and lodging away from home, and similar non -labor expense will be invoiced at direct invoice cost plus ten percent (10%) service charge. Reimbursable travel in the Engineer's vehicles will be invoiced at the published IRS rate per mile at the time of service. The range of Labor Rates currently in effect by the Engineer is presented on the following table. This range may change depending upon raises and personnel changes. The fee basis multiplier presented in this Attachment will not change without authorization from the Owner. Labor Rates Project Manager General GIS Manager GIS Programmer GIS Technician GIS Intern Computer Tech Charge* $190.00 - $215.00 $120.00 - $136.00 $ 80.00 - $105.00 $ 40A0 - $ 75.00 $ 30.00 - $ 60.00 $3.70 per billable hour *HDR's policy is to recover costs incurred from the use of computers and related technology through allocations to External projects. We follow generally accepted accounting principles and comply with Federal Acquisition Regulations (FAR) and Federal Cost Accounting Standards (CAS). The technology charge is a fixed dollar amount applied to every hour of labor charged to an External Project. This is used to accumulate costs that are incurred in performing services for clients under a contractual agreement. The cost items are associated with External project production, including, but not limited to the following items: leased personal and laptop computer equipment, servers, software, local and wide -area networks, supplies and support staff. The technology charge cost pool does not include the following items: plotting, copying and printing, telephone and cell phone charges, faxes, and administrative computer and technology costs. "ATTACHMENT B" GENERAL CONDITIONS OF AGREEMENT BETWEEN OWNER AND ENGINEER 1. COORDINATION WITH THE OWNER: The Engineershall hold periodic conferences with the Owner, or his representatives, to the end that the Project, as it progresses, shall have benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with current policies. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in Owner's possession relative to existing facilities and to the Project. The Owner shall furnish all legal, accounting and insurance counseling services, and other special consultants. The Engineer shall be entitled to rely on the completeness and accuracy thereof. If the Owner observes,'or otherwise becomes aware of any fault or defect in the Project, prompt written notice thereof shall be given by the Owner to the Engineer. 2. FEES For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the fees set forth in the attached agreement. Unless otherwise specified, fees shall be paid to the Engineer in accordance with monthly billings based upon work performed and expenses incurred during that month. The Engineer's final payment is due and payable upon completion of the Engineer's services. 3. OWNERSHIP OF DOCUMENTS Electronic GIS files and correspondence prepared by the Engineer shall be and remain the property of the Owner, provided that the Engineer has received full compensation due. The Engineer may retain copies of such electronic files and correspondence. 4. TERMINATION; SUSPENSION OF WORK This Agreement may be terminated by either party by thirty days' written notice If the Project is terminated, abandoned or suspended, the Engineer shall be equitably paid for services rendered prior to effective termination notice date and for reasonable termination expenses. PROFESSIONAL RESPONSIBILITIES Services will be performed in accordance with sound and generally accepted principles as expeditiously as is consistent with professional skill and care and the orderly progress of the work. The Engineer shall not be liable for any indirect or consequential loss or damage arising out of the performance of services hereunder, including, but not limited to, loss of profit, or business interruption, unless caused by negligence of the Engineer. 6. FORCE MAJEURE The Engineer shall not be responsible or liable for any loss, damage, or delay caused by force majeure, which shall include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic, war, vandalism or sabotage, earthquake, flood, strike, boycott, picketing, act of any government official or agency - civil or military, unavoidable accident, unlawful act of third parties, or any cause, whether or not similar to the foregoing, which loss, damage or delay is beyond the Engineer's reasonable control. 7. MISCELLANEOUS PROVISIONS A. Unless otherwise specified, this Agreement shall be governed by the law of Harris County, Texas. & The Owner and the Engineer waive all rights against each other and against the employees of the other for damages covered by any property insurance under the Project Construction Specifications. 8. SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other and they further agree that the agreement represents the entire understanding of the Owner and the Engineer and cannot be changed, added to or modified in any way except by an instrument in writing signed by the Owner and by the Engineer. The Owner and Engineer agree to the full performance of the covenants contained herein. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' q�' Other:' C' Attachments : R. Epting Parks & Recreation Resolution:" C' Ordinance: ' C' 1. Northside Shade, Picnic Tables & Pads Quote Amount Source of Funds: Account Number: Amount Budgeted: Amount Requested: 015 015.9892.692.1100/015.9892.691.1100 1,100,000 53,896 2. Northside SplashPark Benches & Pads Quote Budgeted YES NO 3. Fairmont SplashPark Benches & Pads Quote Item: i' �i, 4. Northside SplashPark Draft Site Plan 5. Fairmont SplashPark Draft Site Plan SUMMARY & RECOMMENDATIONS Kraftsman Commercial Playgrounds & Water Parks has provided a quote for park equipment at each of the SplasliParks that will be located at Fairmont Park and Northside Park. There are two quotes for Northside Park that include 4 picnic tables, 2 shade structures, 2 benches, and concrete work that would be required for each of them. The Fairmont Park quote includes 4 benches and the concrete work that would be required for them. Staff did not request shade structures or picnic tables at Fairmont Park due to the number of mature trees providing shade and picnic tables already located at the park. The budget for the projects is as follows: Total Budget Previously Approved Items: SplashPark Equipment Quotes (Council Approved Nov 2014) Available Balance After SplashPark Equipment Items for Consideration Tonight: Fairmont Park Benches (4) & Concrete Pads Northside Park Benches (2) & Concrete Pads Shade Structures (2), Picnic Tables (4) & Concrete Pads Subtotal for Bench/Shade Structure/Picnic Table Quotes Available Balance After Bench/Shade Structure/Picnic Table Work Still to be Done: Available balance for additional work items (additional sidewalks, utility work, landscaping, fencing, etc.) Bathroom (Estimate) 10% Project Contingency $1,100,000.00 $697,451.60 $402,548.40 $6,468.99 $4,453.25 $42,973.74 $53,895.98 $348,652.42 $272,652.42 $65,000.00 $11,000.00 The equipment that will be purchased from Kraftsman will be a BuyBoard purchase (Contract 423-13). Staff recommends approval of the park equipment quotes for both of the SplashParks. PROJECT BENEFITS, LIABILITIES, & OPERATING COSTS Project Benefits: . Increased opportunity for: recreational activities, socialization, and youth exercise. . Alternative for those individuals that do not swim Liabilities of Maintaining the Status Quo: . Individuals will continue to use the recreational opportunities that already exist in those areas. Operating Costs: . Increase in chemical, electricity, and water costs in future years. Staff is estimating an expense of approximately $9,000 per year, per SplashPark. This includes chemicals, electricity, and water. . Repair and replacement costs that occur outside of the warranty period. Action Required of Council: Consider approval or other action authorizing staff to accept the quotes from Kraftsman Commercial Playgrounds & Water Parks for park equipment at both SplashParks and initiate the BuyBoard purchase. Approved for City Council Agenda Corby D. Alexander, City Manager Date 1 ILa Porte, City of 'a IMr. Scott Bradley Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 aS (LaPorte Northside Park SDIashPark 1322 S. Broadway LaPorte TX I77571 Quote #Q50687 Page: 1 Date: 10/9/2014 Project: 16062 By; David Ondrias BuyllL oaird Quote Shade Structures and Picnic Tables for SplashPark per Plan 2023 CONC4RB I Concrete Pad, 4" thick concrete pad 9.75I 19,724.25I with, rebar reinforced, broom finish. 2 BS20158TCG IT Cantilever Shade structures. 3,685.00I 7,370.00I 4 PIERS30X72 (Concrete piers, for pavilion & canopy 30" 1,087.00I 4,348.00 columns, with anchor bolts set if x72" required, By: Kraftsman 1 F1038 I8' Expanded Rectangular Traditional 383 945.00I 945.00I Edge Ada Table - Portable . By: ANOVA 3 F2003 6' Expanded Rectangular Table 335 825.00I 2,475.00I Traditional Edge 2 3/8" Od Frame - Portable . By: ANOVA 1 DISCBB Discount on BuyBoard Purchase, -908.00I -908.00I BuyBoard Contract #423-13 1 BOND1 Performance & Payment Surety Bond, 1,293.24I 1,293.24I and processing of the bond documentation. Subtotal: I $35,247.49 Shipping & Handling: $�2,016.25 ........................................................ ........... m... Equipment Subtotal: $37,263 74 Tax: l $0.00 Install: $5 710 00 Total: $42,973.74 Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Notes Quote #Q50687 Page: 2 Date: 10/9/2014 Project: 16062 By: David Ondrias Subject: Buy Board Date: 10/9/2014 Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts on SuDerior Shade CanoDies Subject: Bonding Date: 10/9/2014 Fees for completion, performance, and / or payment bonds are included. Subject: Building Permits & Engineering Stamps Date: 10/9/2014 1. Building permits are not provided. Z. Engineer stamped plans are included. Additional charges will apply if these services are provided and / or required for completion of the project. Subject: Site Work Date: 10/9/2014 Site preparation, grading, and fill materials are not included. Site is to be within 1" of final grade by others. Subject: Locating for Underground Utilities Date: 10/9/2014 Kraftsman is responsible for public utility locating: Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fibar Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owners expense and responsibility. Subject: Installation Date: 10/9/2014 Installation quoted includes: 1. Installation of required foundations as specified in the proposal line items, per standard Kraftsman construction techniques. Z. Haul off of soil and concrete spoils from project site, or distribution and leveling of any excess soils from excavation, if there is an area approved by customer for filling low areas on the facility Z. Installation does not include concrete pad or surfacing unless individually listed as a line item in proposal. Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Quote #Q50687 Page: 3 Date: 10/9/2014 Project: 16062 By: David Ondrias Subject: Items Not Included Date: 10/9/2014 1. Finish landscaping, sodding or seeding of disturbed areas. 2. Concrete deck or deck surfacing unless individually listed as line item on proposal. 3. Concrete lead or other concrete deck areas, unless noted as separate line item on proposal. 4. Patching of existing concrete decorative coatings, staining, coloring, or surfacing if any existing concrete deck is removed during excavation for piers. 5. Site amenities, unless included as line -items on this quote. 6. Temporary security fence during construction. 7. Storm Water Control fencing or engineering Subject: Insurance Terms Date: 10/9/2014 Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charqes for naminq additional insured parties or addinq special coveraqe's if required. Subject: Sales Tax Date: 10/9/2014 Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Subject: Project Completion Date: 10/9/2014 Shipping date from factory will be approximately 4 to 8 weeks from the date ordered, provided that the following has been completed and approved by the customer: 1. Project product submittals reviewed, approved and returned. 2. Color selection sheet (signed and dated) 3. Physical project address 4. All contact names and phone numbers 5. Exemption certificate (if applicable) 6. Deposit per contract Allow approximately 4 to 6 weeks for project completion upon delivery from manufacturer, weather permitting. Subject: Care, Maintenance, and Warranties of Date: 10/9/2014 Fabric Shade Canopies are designed to withstand normal wind loads and weather conditions, and will provide years of sun, heat, hail & UV protection with minimal maintenance. Warranties shall be void if damage to or failure to the shade structure is caused by contact with chemical, misuse, vandalism, fireworks or acts of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. All fabric tops are warranted for sustained winds up to 76 mph and for gusts of up to 3 seconds duration up to 90 mph with no snow or ice accumulation. Damage caused by flying debris is not covered. Fabric is not warranted where it is installed on a structure that is not engineered or built by the manufacturer. Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Quote #Q50687 Page: 4 Date: 10/9/2014 Project: 16062 By: David Ondrias Subject: Acts of Nature Date: 10/9/2014 Fabric Shade Canopy warranties do not cover natural disasters, such as earthquakes, shifts in terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Structures are warranted for winds up to 145 mph, only if the shade canopy fabric has been removed as per requirements by the manufacturer. Care must be taken during removal of canopies so as not to damage the fabric or connection points and hardware. Contact Kraftsman or the manufacturer of the canopy if there are questions in regards to proper removal and reinstallation processes and procedures. Shipping & Handling: Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Terms Sold To: La Porte, City of Terms: 33% down, balance as percentage of I:K.�►u�rr�.�►�Y.»ya�a Quote #Q50687 Page: 5 Date: 10/9/2014 Project: 16062 By: David Ondrias Ship To: LaPorte Northside Park SplashPark 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications . 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express. 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted: David Ondrias Acceptance of Proposal: Date: October 9, 2014 The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature: Printed Name & Title: Authorized Signature: Printed Name & Title: PO#. Date of Acceptance: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! 1 LLaPorte, City of 'a (Rosalyn Eptinq Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 aS (LaPorte Northside Park ANOVA benches & Pads LaPorte Phone: TX. Fax: Quote #Q50786 Page: 1 Date: 10/31/2014 Project: 16651 By: David Ondrias Terms: Net 30 days, .w/ approved credit ProductQty . . BuyBoaird Quote 2 F1027 Foundations Traditional 6' Ultra 139 625.00� 1,250.00� Expanded Steel Contour Bench Rolled Edge - Portable/Surface Mount by ANOVA 1 DISCBB Discount on BuyBoard Purchase, -62.50I -62.50I BuyBoard Contract #423-13 250 CONC4RB Concrete Pad, 4" thick concrete pad 9.75I 2,437.50I with, rebar reinforced, broom finish, minimum 500 sq. ft. Subtotal: I $3,625.00 Shipping & Handling: ... ........................................................ $203 25 ........ m... Equipment Subtotal: $3,828.25 Tax: ,, ........................................ .,, $`0 00,. Install: $625 00 Total: I ............................. ,, $4,453 25,. Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Notes Quote #Q50786 Page: 2 Date: 10/31/2014 Project: 16651 By: David Ondrias Subject: Specifications Date:10/28/2014 Each ANOVA bench to be installed on a 4X10 concrete pad, located by Owner's Representative, adjacent to SDIashDeck. Shipping & Handling: Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Terms Sold To: LaPorte, City of Terms: Net 30 days, w/ approved credit I:K.�►u�rr�.�►�Y.»ya�a Quote #Q50786 Page: 3 Date: 10/31/2014 Project: 16651 By: David Ondrias Ship To: LaPorte Northside Park ANOVA benches & Pads 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications . 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express. 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted: David Ondrias Acceptance of Proposal: Date: October 31, 2014 The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature: Printed Name & Title: Authorized Signature: Printed Name & Title: PO#. Date of Acceptance: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! 1 LLaPorte, City of 'a (Rosalyn Eptinq Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 iS (Laporte Fairmont Park ANOVA Benches & Pads LaPorte Phone: TX. Fax: Quote #Q50783 Page: 1 Date: 10/31/2014 Project: 16649 By: David Ondrias Terms: Net 30 days, .w/ approved credit ProductQty . . h u.uylh oaird Quote 4 F1027 Foundations Traditional 6' Ultra 139 625.00� 2,500.00� Expanded Steel Contour Bench Rolled Edge - Portable/Surface Mount by ANOVA 1 DISCBB Discount on BuyBoard Purchase,-125.00I-125.00I BuyBoard Contract #423-13 250 I CONC4RB I Concrete Pad, 4" thick concrete pad 9.75I 2,437.50I with, rebar reinforced, broom finish, minimum 500 sq. ft. (one-half of Min. 500 included here and one-half of 500 included on Quote for 2 benches at Northside Park.) Subtotal: $4,812.50 Shipping & Handling: ... ........................................................ $406 49 ........ m... Equipment Subtotal: $5,218.99 Tax: ,, ........................................ .,, $`0 00,. Install: ..... 1',250 00 Total: I ............................. ,, $6,468 99,. Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Notes Quote #Q50783 Page: 2 Date: 10/31/2014 Project: 16649 By: David Ondrias Subject: Specifications Date:10/28/2014 Each ANOVA bench to be installed on a 4X10 concrete pad, located by Owner's Representative, adjacent to SDIashDeck. Shipping & Handling: Kraftsman COMMERCIAL PLAYGROUNDS & WATER PARKS 19535 Haude Road Spring TX 77388 Phone: 281-353-9599 Fax: 281-353-2265 Terms Sold To: LaPorte, City of Terms: Net 30 days, w/ approved credit I:K.�►u�rr�.�►�Y.»ya�a Quote #Q50783 Page: 3 Date: 10/31/2014 Project: 16649 By: David Ondrias Ship To: LaPorte Fairmont Park ANOVA Benches & Pads 1. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2. No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3. Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4. All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5. Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications . 6. Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7. A service charge of 1.5% per month will be assessed on all past due amounts. 8. Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express. 9. Installation services include all labor, equipment required to complete the job, and insurance coverage's as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman's standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman's Compensation. Any charges by Kraftsman's insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10. Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11. Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12. This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted: David Ondrias Acceptance of Proposal: Date: October 31, 2014 The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized Signature: Printed Name & Title: Authorized Signature: Printed Name & Title: PO#. Date of Acceptance: WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! W NVId IiIS NHVdHSVldS 301SHidON L9LL X1 `31HOd VS y�; �� 1S H1S 'N SOt, XMNd 1NMdIVL 'M b09 H1 Od V� HO 110 ]idod Vi d0 X110 m O o 40 ° 9 a� m� o M o M n N E909L UOIJaD01IDal oad aa�l �L-LE-OL E L O L-ld 1111'ONE M31A N3N01530 31tl0 NOISIA3N NOIlAO 'ON 133N5 sgxal 'alaod p1 Y ��3 �" �"1ADdusbIdS 00 AJDd IUOWJIDJ 3 � aLL 2 O z x REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Requested By: K. Adcox Department: Report: ' C' Other: '0 Police Resolution:" 'i' Ordinance: ' q�' Attachments : 1. Strikeout Version of Revised Speed Limit Ordinance 2. Clean Version of Revised Speed Limit Ordinance 3. TxDot Report and Recommendation Letter Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES 10 NO SUMMARY & RECOMMENDATIONS Due to ongoing concerns in regard to the speed limits along Highway 146 in La Porte, TXDOT completed a traffic study at the City's request. Based on the results of its study, TXDOT is recommending two speed limit changes along the SH 146 feeder roads. 1. Maintain the speed limit at 35 MPH on LaPorte feeder roads to Highway 146, both north and south, from the north city limit of La Porte to Barbours Cut Blvd.; and 2. Increase the speed limit from 35 MPH to 40 MPH from Barbours Cut Blvd., to McCabe Rd. As such, the listed changes to the La Porte Municipal Code, Chapter 70, Article III, Division 2 (Speed Limits), Section 70-102 and Section 70-103 are recommended. Action Required of Council: Consider approval or other action of an ordinance amending Chapter 70 "Traffic and Vehicles" of the Code of Ordinances. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2015 - AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICCES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; Now Therefore, upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of§ 545.356, Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 70, "Traffic and Vehicles," Article III, "Operation of Vehicles," Division 2. "Speed Limits", Section 70-102 "Thirty-five mile per hour zones," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 70-102. - Thirty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1)Along Underwood Road, from a point 2,350 feet south of West Main to a point 650 feet north of West Main, a distance of 3,000 feet, 0.57 miles; (2)Along West Main, from a point 925 feet west of Farrington Boulevard to a point 1,125 feet east of Farrington Boulevard, a distance of 2,050 feet, 0.39 miles; (3)Along West Main Street, from State Highway 146 to a point 1,900 feet west of South 16th Street, 0.36 miles; (4)Along North L Street, from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles; (5)Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, 0.89 miles; (6)Along Fairmont Parkway, from a point 550 feet west of State Highway 146 to South Broadway, a distance of 4,000 feet, 0.76 miles; (7)Along South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500 feet, 0.28 miles; (8)Along East Barbours Cut Boulevard from State Highway 146 to North Broadway, a distance of 3,100 feet, 0.59 miles; and (9)Along Park Avenue from San Jacinto to East E Street, a distance of 4,700 feet, 0.89 miles. . 836 mil (10)Along SH 146 one way frontage road, from the north city limit City of La Porte to 400 feet north of Elm Street, a distance of approximately 0.865 miles; miles. (11) Along SH 146 two way frontage road, from 400 feet north of Elm Street to the intersection of Barbours Cut Blvd, a distance of approximately 0.735 mile; miles.(12)Alefig S14 146 Ft:efitage Read, setAbettad, fFem a point 808 feet sett� of the Union Paeifie Railt:ead (12) {Along Canada Road from Defiance Street to West Main Street, a distance of 1,750 feet, 0.33 miles." Section 2: That Chapter 70, "Traffic and Vehicles," Article III, "Operation of Vehicles," Division 2. "Speed Limits", Section 70-103 "Forty mile per hour zones," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 70-103. - Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1)Along West Main from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2)Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles; (3)Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4)Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; (5)Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; 2 (6)Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7)Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8)Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles." (9)Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10)Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11)Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles. (12)Along SH 146 northbound and southbound frontage roads, from the intersection of Barbours Cut Blvd to the intersection of McCabe road, a distance of approximately 2.966 miles." Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney ORDINANCE NO. 2015 - AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES BY ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHILCES UNDER THE PROVISIONS OF SEC. 545.356, TEXAS TRANSPORTATION CODE, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Whereas, Sec. 545.356 of the Texas Transportation Code provides that whenever the governing body of a municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the city, taking into consideration the width and condition of the pavement and other circumstances on such portion of the street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; Now Therefore, upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of§ 545.356, Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 70, "Traffic and Vehicles," Article III, "Operation of Vehicles," Division 2. "Speed Limits", Section 70-102 "Thirty-five mile per hour zones," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "See. 70-102. - Thirty-five mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 35 miles per hour in any such zone: (1) Along Underwood Road, from a point 2,350 feet south of West Main to a point 650 feet north of West Main, a distance of 3,000 feet, 0.57 miles; (2) Along West Main, from a point 925 feet west of Farrington Boulevard to a point 1,125 feet east of Farrington Boulevard, a distance of 2,050 feet, 0.39 miles; (3) Along West Main Street, from State Highway 146 to a point 1,900 feet west of South 16th Street, 0.36 miles; (4) Along North L Street, from a point 545 feet east of Alvy Lane to the east right-of-way line of Underwood Road, a distance of 7,542 feet, 1.42 miles; (5) Along Driftwood Drive from West Main to Fairmont Parkway, a distance of 4,700 feet, 0.89 miles; (6) Along Fairmont Parkway, from a point 550 feet west of State Highway 146 to South Broadway, a distance of 4,000 feet, 0.76 miles; (7) Along South 16th Street from West Main to a point 1,500 feet south of West Main, a distance of 1,500 feet, 0.28 miles; (8) Along East Barbours Cut Boulevard from State Highway 146 to North Broadway, a distance of 3,100 feet, 0.59 miles; and (9) Along Park Avenue from San Jacinto to East E Street, a distance of 4,700 feet, 0.89 miles. (10) Along SH 146 one way frontage road, from the north city limit City of La Porte to 400 feet north of Elm Street, a distance of approximately 0.865 miles; (11) Along SH 146 two way frontage road, from 400 feet north of Elm Street to the intersection of Barbours Cut Blvd, a distance of approximately 0.735 mile; (12) Along Canada Road from Defiance Street to West Main Street, a distance of 1,750 feet, 0.33 miles." Section 2: That Chapter 70, "Traffic and Vehicles," Article III, "Operation of Vehicles," Division 2. "Speed Limits", Section 70-103 "Forty mile per hour zones," of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "See. 70-103. - Forty mile per hour zones. The following streets or portions of such streets shall constitute special speed zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of speed in excess of 40 miles per hour in any such zone: (1) Along West Main. from Luella Boulevard to a point 2,000 feet west of Luella Boulevard, a distance of 2,000 feet, 0.38 miles; (2) Along North H Street from Lomax School Road to 26th Street, a distance of 8,300 feet, 1.57 miles; (3) Along North L Street, from a point 2,750 feet east of Lomax School Road to 26th Street, a distance of 5,500 feet, 1.04 miles; (4) Along North P Street from Underwood Road to 26th Street, a distance of 13,100 feet, 2.48 miles; 2 (5) Along 26th Street from State Highway 225 to West Main, a distance of 9,300 feet, 1.76 miles; (6) Along North 16th Street from Barbours Cut Boulevard to West Main, a distance of 2,850 feet, 0.54 miles; (7) Along South 16th Street, from a point 1,500 feet south of West Main to Fairmont Parkway, a distance of 3,300 feet, 0.63 miles; and (8) Along Barbours Cut Boulevard from North 16th Street to State Highway 146, a distance of 2,050 feet, 0.39 miles." (9) Along SS 501 from BS 146 D (Wharton Weems Blvd) to Fairfield, a distance of 0.873 miles. (10) Along SS 501 from 272 feet north of North Shady Lane to the South City of La Porte Limit, a distance of approximately 0.144 miles. (11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south of Forest Avenue, a distance of 0.200 miles. (12) Along SH 146 northbound and southbound frontage roads, from the intersection of Barbours Cut Blvd to the intersection of McCabe road, a distance of approximately 2966 miles." Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the day of , 2015, ATTEST: City Secretary APPROVED: Assistant City Attorney CITE' OF LA PORTE Louis R. Rigby, Mayor 4 m Aamm* ,Texas Department of Transportation P.O. BOX 1386 1 HOUSTON, TEXAS 77251-1386 1 (713) 802-5000 1 WWW.TXDOT.GOV September 2, 2014 The Honorable Louis Rigby Mayor, City of La Porte 604 W. Fairmont Pkwy La Porte, Texas 77571 RE: Speed Limit Study - Control Section 389-12 & 05 Harris County Dear Mayor Rigby: Our office has completed a Speed Zone Study along BS 146 Frontage Road within the City of La Porte. Attached you will find Speed Zone Strip Map numbered 5763A, 5763B, 5762A and 5475A and a prepared Speed Zone Ordinance suggested by the Texas League of Municipalities containing the recommended zone along BS 146 Frontage Road . If you concur with the recommended zone please furnish this office with a copy of your executed ordinance. Should you have questions, please contact Boris Klebanskiy, at (713) 802 5380 or Rogelio R. Rubico, P.E., at (713) 802-5182. Director of Transportation Operations Houston District Attachments cc: David Mick - City of La Porte Rogelio R. Rubico, P.E. OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer ,Texas Department of Transportation P.O. BOX 1386 1 HOUSTON, TEXAS 77251-1386 1 (713) 802-5000 1 WWW.TXDOT.GOV September 2, 2014 The Honorable Louis Rigby Mayor, City of La Porte 604 W. Fairmont Pkwy La Porte, Texas 77571 RE: Speed Limit Study - Control Section 389-12 & 05 Harris County Dear Mayor Rigby: Our office has completed a Speed Zone Study along BS 146 Frontage Road within the City of La Porte. Attached you will find Speed Zone Strip Map numbered 5763A, 5763B, 5762A and 5475A and a prepared Speed Zone Ordinance suggested by the Texas League of Municipalities containing the recommended zone along BS 146 Frontage Road . If you concur with the recommended zone please furnish this office with a copy of your executed ordinance. Should you have questions, please contact Boris Klebanskiy, at (713) 802 5380 or Rogelio R. Rubico, P.E., at (713) 802-5182. Sincerely, U onna U. Director of Transportation Operations Houston District Attachments cc: David Mick - City of La Porte Rogelio R. Rubico, P.E. bc: Sylvester E. Onwas, P.E. Lucio F, Ortiz, P.E. Mr. Boris Klebanskiy OUR GOALS MAINTAIN A SAFE SYSTEM • ADDRESS CONGESTION • CONNECT TEXAS COMMUNITIES • BEST IN CLASS STATE AGENCY An Equal Opportunity Employer SPEED ZONE ORDINANCE # AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF § 545.356, TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, § 545.356, Texas Transportation Code, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street of highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an Ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street of highway; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of § 545.356, Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: Along SH 146 one way frontage road, from the north city limit City of L a P o r t e to 400 feet north of Elm Street, a distance of approximately 0.865 miles, the speed limit shall be 35 MPH. Along SH 146 two way frontage road, from 400 feet north of Elm Street to the intersection of Barbours Cut Blvd, a distance of approximately 0.735 mile, the speed limit shall be 35 MPH. Along SH 146 frontage road, from the intersection of Barbours Cut Blvd to the intersection of McCabe road, a distance of approximately 2.966 miles, the speed limit shall be 40 MPH. Section 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars (200). PASSED AND APPROVED THIS day of ATTEST: APPROVED: City Secretary Mayor 2014 fO� ❑OOI- i Q CO W M gi z W d W cif �yIVyri� sF—I * OWN MG- a sooloo-1 n� - " I� POWm 'M J'awoaloe �' o O O ,J ...... 1 �® Cc O O' 1 z REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By: Department: Report: ' q�' Other:' C' Attachments : K. Adcox Police Resolution:" C' Ordinance: ' C' 1. Quotes for equiopment installation Source of Funds: Motor Pool Account Number: Amount Budgeted: Various 52,927.00 Amount Requested: 52,460.00 Budgeted Item: F�' YES 0 NO SUMMARY & RECOMMENDATIONS Police vehicle equipment quotes were obtained in order to appropriately equip the nine (9) police units, which were previously approved for purchase by City Council on December 8, 2014. Total equipment packages include items such as emergency lights, sirens, push bumpers, radio and computer mounting equipment, special prisoner seating and cages, weapon racks, custom graphics, etc. CAP Fleet Upfitters has a current BuyBoard contract, Number 430-13. BuyBoard is a Texas Local Government Purchasing Cooperative that provides public agencies the opportunity to comply with bidding requirements, by utilizing the state bidding process. Agencies that utilize Buy Board contracts also receive a 2% rebate on all purchases and save administrative costs associated with the local bid process. The amount requested is within the amount budgeted for this project and staff is recommending approval. Action Required of Council: Consider approval or other action to utilize the BuyBoard contract 430-13 for equipment and installation through CAP Fleet Upfitters. Approved for City Council Agenda Corby D. Alexander, City Manager Date CAP Fleet Upfitters 6015 N Shepherd Houston, TX 77018 Project: Noulmem Quote ft CFUQ2732 Date Nov 14, 2014 Prepared By Mike Urbano,vsky a- 832-203-5658 C - 832-943-3311 F - QTY 1: 2014 DODGE CHARGER V6 (CID) - SILVER $0.00 $0.00 3672L4 V-CON SIREN WITH LIGHT CONTROLS $304.59 $304.59 C3100CH 100W SIREN SPEAKER WITH CHARGER BRACKET $145,68 $145.68 1 425-6636 Charger 11+ 15" FP (12"FP, 3" Blank) $273.00 $273.00 1 425-6358 Face Plate -Arm Rest - 3" $25.35 $25.35 1 425-6035 Mic Clip - W/ Plate $13.00 $13.00 1 425-2968 Assembly, 3 12v Power Outlets in 2"' Faceplate $31,85 $31,85 1 ESX2VS-RB ESSEX DUAL RED/BLUE DASH LED $170.45 $170.45 1 ESX2RD-RB ESSEX DUAL RED/BLUE DECK LED $161.3.3 $161.33 RADIOANT COAX CABLE & RADIO ANTENNA $69'.00 $69.00 INSTALL INSTALLATION $695.00 $695.00 SSUPPLY CAP WIRING HARNESS & SHOP SUPPLIES $40.00 $40.00 INSPECT ALL CAP FLEET INSTALLATIONS COME WITH FULL QUALITY CONTROL INSPECTION BUYBOARD CONTRACT: 430-13 Su,bTotal '$1,959.'25 QTY 1: 2014 DODGE CHARGER V6 (CID) - SILVER Shipping & Handling $50.00 If you have any questions about this quote, please feel free to contact us Total $21'009.25 directly. Thankyoul Accepted By: PO # Title Date Page 1 of 1 rAp Fleet Upfitters %09_2 6015 N Shepherd Houston, TX 77018 NAMFIADDRESS LA'PORTE POLICE DEFT LT. SWENSON Phone: Project; Quote # CFUQ2733 Date Nov 14, 2014 Prepared By Mike Urbanovsky 0- 832-203-5658 C - 832-943-3311 F - I QTY2:2015 TAHIE PPV(CID/SWAT) -BLACK $0.00 $0.00 2 36721-4 V-CON SIREN WITH LIGHT CONTROLS $304.59 $609.18 2 C3100TH15 100W SPEAKER WITH TAHOE BRACKET $145.68 $291.36 2 920-10TH TAHOE HEADLIGHT FLASHER $54.00 $108.00 4 VTX609J VERTEX SUPER -LED SPLIT RED/BLU $58.00 $232.00 2 ESX2VS-RB ESSEX DUAL RED/BLUE DASH LED $170.45 $340.90 2 ESX2RD-RB ESSEX DUAL RED/BLUE DECK LED $161.33 $322.66 2 425-6011 Medium (12" FP) $120.25 $240.50 2 425-6022 '15 TAHOE CONSOLE FLOOR PLATE $102.70 $205.40 2 425-6411 Arm Rest - Adjustable (4.125" x 9" x 11") $75.40 $150m 2 425-3704 Dual ABS Cup Holder $33.80 $67.60 2 425-6035 Mic Clip - w/ Plate $13.00 $26.00 2 425-2968 Assembly, 3 12v Power Outlets in 2" Faceplate $31.85 $63,70 2 RADICANT COAX CABLE & RADIO ANTENNA $69.00 $13,8.00 2 INSTALL INSTALLATION $650,00 $1,300m 2 SSUPPLY CAP WIRING HARNESS& SHOP SUPPLIES $40.00 $80.00 2 INSPECT ALL CAP FLEET INSTALLATIONS COME WITH FULL AGENCY LIFETIME WARRANTY BUYEICIARD CONTRACT: 430-13 QTY 2: 2015 CHEVROLET TAHOE PPV (CID/SWAT) - BLACK If you have any questions about this quote, please feel free to contact us directly. Thankyoul Accepted By: PO # Title Date SubTotal $4,236.10 Shipping & Handling $75.00 Total $4,311.10 Page 1 of 1 CAP Fleet Upfitters 6015 N Shepherd Houston, TX 77018 Quote # CFUQ2734 Date Nov 14, 2014 Prepared By Mike Urbanovsky 0- 832-203-5658 C - 8,32-,943-3311 F - Project: 1 QTY3: 2015 TAHOE PPV (MAR KE D PATRO L) - B LACK $0,00 $0.00 3 2752/Z3-PKG 52" RX2700 LED LIGHTBAR W/LED ALLEYS AND TAKEDOWNS, $2,135.56 $6,406.68 MOUNTING KIT, Z3 REMOTE SIREN/LIGHT CONTROL AND 100W SPEAKER W/BRKT 3 920-I0TH TAHOE HEADLIGHT FLASHER $54.00 $162.00 3 ULF44 UNIVERSAL LED FLASHER 4 OUTLET $47.17 $141.51 6 VTX609J VERTEX SUPER -LED SPLIT RED/BLU $58.00 $348,00 6 MR6FMKIT GROMMET MOUNT KIT FOR MR6 LED $10.20 $61.20 6 MR6FM-R8 MR6 SPLIT RED/BLUE LED $73.60 $441.60 6 MR6FM-RB MR6 SPLIT RED/BLUE SURFACE MOUNT LED $73.60 $441.60 3 WK0514TAH15 Window Barrier VS Steel Vertical $146.30 $438.90 3 DKO598TAH15 Door Panel VS Aluminum $11915 $357,75 3 5165-21-31 TAHOE PUSH BUMPER W/2 TREX LED CUTOUT $307.78 $923.34 6 TRX6RB T-REX SPLIT RED/BLUE LED $73.98 $443.88 3 QK0494TAH15 FULL REAR TRANSPORT TPO SEAT WITH CENTER PULL SEAT BELTS $559.30 $1,677.90 3 PKII56TAH15SCA 10XL HORIZONTAL SLIDING WINDOW FRONT PARTITION W/RECESS $636.30 $1,908m PANEL AND LOWER EXTENSION PANELS 3 PK0123TAH072ND #12VS 2 N D Vinyl Coated Expanded Metal Partition Stock Seat (Others $27930 $837.90 Available), 3 GK10271UHKSVSCA Single T-Rail Mount Universal, Handcuff Key Override $209.30 $627.90 3 425-6268 TAHOE SPECIFIC CONSOLE W/SIDE STORAGE $487.50 $1,462.50 3 425-3704 Dual ABS. Cup Holder $33.80 $101.40 3 425-6260 Arm Rest- Upper Structure (7.75" x 8" x 8") $40.95 $122.85 6 425-6035 Mic Clip - w/ Plate $13.00 $78.00 3 C-HDM-204 8.5" Heavy Duty Telescoping Pole, side mount, short handle $113.56 $340,68 3 C-MD-102 Swing arm with motion adapter $211.60 $634.90 3 C-HDM-401 Heavy duty stability side support arm, Mounts to OEM frame under $43.68 $131.04 passenger glove box door 3 RADIOANT COAX CABLE & RADIO ANTENNA $69.00 $207.00 Page 1 of 2 3 GRAPHICS GRAPHICS AND WRAPS (WRAP FOUR DOORS AND ROOF IN WHITE OF $1,225.00 $3,675.00 BLACK TAHOE) 3 INSTALL INSTALLATION $925,00 $2,775.00 3 SSUPPLY CAP WIRING HARNESS & SHOP SUPPLIES $50.00 $150,00 3 INSPECT ALL CAP FLEET INSTALLATIONS COME WITH FULL QUALITY CONTROL INSPECTION BUYBOARD CONTRACT: 430-13 SubTotail $24,987.33 QTY 3: 2015 CHEVROLET TAHOE PPV (MARKED PATROL) - BLACK Shipping & Handlling $250,00 THIS QUOTATION DOES NOT INCLUDE THE HG2 RUNNER KITS AS REQUESTED AND THE GRAPHICS AND WRAPS ARE QUOTED BASED ON WRAPPING THE FOUR DOORS AND ROOF IN WHITE ON A BLACK 11 VEHICLE AND GRAPHICS. If you have any questions about thi:s quote, please feel free to contact us Tote $25,237.33 directly. Thank youl Accepted By; PO # Title Date Page 2 of 2 CAP Fleet Upfitters 6015 N Shepherd Houston, TX 77018 Quote # CFUQ2735 Date Nov 14,2014 Prepared By Mike Urbanovsky 0- 832-203-5658 C - 832-943-3311 F - Project: I CITY 2: 2015 DODGE CHARGER (PATROL) - BLACK $0.00 $0.00 2 425-6636 Charger 11+ 15" FP (12"FP, 3" Blank) $201.60 $403.20 2 425-6358 Face Plate - Arm Rest - 3" $25,.35 $50.70 6 425-6035 Mic Clip - w/ Plate $13.00 $7&00 2 425-2968 Assembly, 3 12v Power Outlets in 2" Faceplate $31.85 $63.70 2 C-HDM-204 8.5" Heavy Duty Telescoping Pole, side mount, short handle $11156 $227.12 2 C-HDM-401 Heavy duty stability side support arm, Mounts to OEM frame under $4168 $87.36 passenger glove box door 2 C-MD-102 Swing arm with motion adapter $211.60 $423.20 2 QK0494CGRll Full Rear Transport TPO Seat with Center Pull Seat Belts $55930 $1,118.60 2 PK1126CGRIISCA ItIOXL C Coated Polycarbonate With Expanded Metal Window Security $587.30 $1,174.60 Screen 2 TK1189CGRIl Trunk Tray Aluminum $249.90 $499,80 2 GKI0271UHKSSCA Single T-Rail Mount Universal, Handcuff Key Override $209.30 $418.60 8 MR6FM-RB MR6 SPLIT RED/BLUE SURFACE MOUNT LED $73.60 $588.80 2 SV77MCCH MULTICOLOR SUPERVISOR FRONT INTERIOR WINDSHILED WITH FULL $911.00 $1,822,00 TAKEDOWN OVERRIDE 4 MBNLB (1) "L" style bracket forCommander/ Nforcer (STX) series $10.50 $42.00 2 HG22PC72RB HG2 LIGHTING 2 PC RUNNER KIT $749.00 $1,,498.00 2 Z3 REMOTE SIREN / LIGHT CONTROL $677.28 $1,354.56 2 C3100CH 100W SPEAKER W/CHARG ER BRACKET $145.68 $291.36 2 DCLTA6XL6-k/A-B/A 6 head color changing Xtreme linear Commander XI-6 with warning & $580.00 $1,160.00 traffic patterns (12-24VDC) 2 FBS-DC COMMANDER FLASH BACK SHIELD $5532 $111.44 2 RADIOANT COAX CABLE & RADIO ANTENNA $6%00 $138.00 2 GRAPHICS GRAPHICS (GHOST PATROL GRAPHICS ON BLACK VEHICLE) $299,00 $598.00 2 INSTALL INSTALLATION $1,025.00 $2,050.00 2 SSUPPLY CAP WIRING HARNESS & SHOP SUPPLIES $60.00 $120,00 2 INSPECT ALL CAP FLEET INSTALLATIONS COME WITH FULL AGENCY LIFETIME WARRANTY Page 1 of 2 BUYBOARD CONTRACT: 430-13 QTY 2: 2015 DODGE CHARGER (PATROL) - BLACK THE PART NUMBERS LISTED ON THIS QUOTATION ARE FOR THE CURRENT YEAR MODEL 2014 DODGE CHARGER, THIS VEHICLE IS BEING REDESIGNED FOR 2015 AND PART NUMBERS WILL CHANGE. PART NUMBERS ARE NOT CURRENTLY AVAILABLE: FOR THE 2015 DODGE CHARGER. If you have any questions about this quote, please feel free to contact us Total $14,574.04 directly. Thank yowl Accepted By: Title PO# Date Page 2 of 2 1 2 4 2 2 eAp L.M Fleet Upfitters 6015 N Shepherd Houston, TX 77018 NAMEIADDRESS LA PORTE POLICE DEPT LT,, SWENSON Phone-, Project: Quote # CFUQ2736 Date Nov 14, 2014 Prepared By Mike Urbanovsky 0- 832-203-5658 C - 832-943-3311 F - QTY 1: 2014 DODGE CHARGER (SUPPORT SERVICES) - WHITE MOD $0.00 2747/Z3-PKG 47" RX2700 LED LIGHTBAR W/LED ALLEYS AND TAKEDOWNS, $2,059.56 $2,059.56 MOUNTING KIT, Z3 REMOTE SIREN / LIGHT CONTROLAND 100W SPEAKER W/BRKT 5076-21.31 GO RHINO PUSH BUMPER W/T-REX LED LIGHT CUTOUTS $234.58 $23438 TRX6RI3 T-REX SPLIT 5RED/BUUE SURFACE MOUNT LED $73.98 $147.96 VTX609) VERTEX SUPER -LED SPLIT RED/BLU $58.00 $23100 TK1189CGRII Trunk Tray Aluminum $249.90 $249.90 GKI0271UHKSSCA Single T-Rail Mount Universal, Handcuff Key Override $209.30 $209.30 GF1092CGRII T-Rail Free Standing Mount Kit $125.26 $125.26 425-6636 Charger 11+ 15" FP (12"FP, 3" Blank) $273.00 5273.00 425-6358 Face Plate - Arm Rest - 3" $25.35 $50.70 425-6035 Mic Clip - w/ Plate $1100 $26.00 425-2968 Assembly, 3 12v Power Outlets in 2" Faceplate $31.85 $31.85 C-MD-102 Swing arm with motion adapter $211.60 $211.60 C-HDM-401 Heavy duty stability side support arm, Mounts to OEM frame under $43.68 $43,68 passenger glove box door C-HDM-204 8.5" Heavy Duty Telescoping Pole, side mount, short handle $113.56 $113.56 RADICANT COAX CABLE & RADIO ANTENNA $69,00 $69.00 GRAPHICS GRAPHICS AND WRAP (WRAP FRONT AND REAR QUARTER PANELS, $2,499.00 $2,499.00 HOOD, TRUNK, BUMPERS IN BLACK OF WHITE VEHICLE AND GRAPHICS) INSTALL INSTALLATION $825.00 $825.00 SSUPPLY CAP WIRING HARNESS & SHOP SUPPLIES $45.00 $45.00 INSPECT ALL CAP FLEET INSTALLATIONS COME WITH FULLQUALM CONTROL INSPECTION Page 1 of 2 BUYBOARD CONTRACT: 430-13 QTY 1: 2014 DODGE CHARGER (SUPPORT SERVICES) - WHITE GRAPHICS AND WRAPS ARE QUOTED BASED ON WRAPPING FRONT AND REAR QUARTER PANELS, HOOD, TRUNK AND BUMPERS OF BLACK VEHICLE AND GRAPHICS. if you have any questions about this quote, please feel free to contact us directly. Thank youl Accepted By: PO # Title Date Subf6ta1',, $hlpoing& Han.dIiha, $112 0,' Total $7,601.95 Page 2 of 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Requested By: D. Mick Department: Report: ' q�' Other:' C' Attachments : Public Works Resolution:" C' Ordinance: ' C' 1. Summary of Vehicle Replacement 2. Texas BuyBoard Worksheets Appropriation Source of Funds: Motor Pool Account Number: Amount Budgeted: Amount Requested: 009 Various 342,702.00 327,395 Budgeted Item: YES 0 NO SUMMARY & RECOMMENDATIONS The FY 2015 budget included funding for the replacement of one six-yard dump truck, one pot hole patch truck and one 25-yard trash truck. However, after consulting with departments, there were two changes to the equipment: . Replacing 6 yard dump truck with 12-yard dump truck. . Replacing 25 yard trash truck with 30-yard trash truck. Competitive quotes were received through Texas Buy Board (Contract 430-13), local government purchasing cooperative and the results are summarized below. VENDOR BUDGET ITEM BUDGETED BID USER 1 — Twelve Yard Dump Truck 109,632.00 93,818.00 PW Austin Freightliner 1 — Pot Hole Patch Truck 135,915.00 139,903.08 PW 1 — 30 Yard Trash Truck 97,155.00 93,673.00 PW TOTAL 342,702.00 327,394.08 Action Required of Council: Consider approval or other action to award purchase of one twelve yard dump truck, one pot hole patch truck, and one thirty yard trash truck to Austin Freightliner for $327,394.08. Approved for City Council Agenda Corby D. Alexander, City Manager Date Account Number 009-5050-522-8050 * 009-5051-522-8050 009-5051-522-8050 009-5059-522-8050 009-5253-521-8050 009-5253-521-8050 009-5253-521-8050 009-5256-521-8050 009-5256-521-8050 009-5256-521-8050 009-5258-521-8050 009-6049-551-8050 009-6049-551-8050 009-6049-551-8050 009-6054-510-8050 009-6147-515-8050 009-7070-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7072-532-8050 009-7077-533-8050 009-7084-533-8050 009-8080-552-8050 009-8080-552-8050 009-8080-552-8050 009-8080-552-8050 009-8082-551-8050 CITY OF LA PORTE SUMMARY OF VEHICLE REPLACEMENTS FISCAL YEAR 2014-15 Amount $ 31,MO 424,730 46,676 72,500 35,125 35,125 35,125 20,796 20,796 35,125 35,125 32,609 28,792 28,792 34,027 17,525 32,319 109,631 145,664 26,259 135,915 292,967 29,010 97,155 32,206 17,559 19,192 19,192 33,690 17,559 39,665 $ 1,981,991 * 51-32 unit was ordered in October 2013 Unit 50-01 5I-32 51-19 59-30 53-11 53-16 53-53 56-18 56-19 56-68 5 8-40 49-16 49-42 49-43 54-01 47-01 70-03 71-27 ✓ 71-28 71-38 71-49V 71-54 71-57 72-04 v/ 77-55 84-23 80-01 80-13 80-42 80-54 82-10 Description 2005 Ford Explorer 1994 KME Fire Pumper 2002 Ford F250 4WD Crewv Cab 2009 F450 AMB Cab & Chasis 2009 Ford Police Interceptor 2010 Ford Police Interceptor 2006 Ford Police Interceptor 2007 Chevy Sedan 2007 Chevy Sedan 2008 Chevy Impala Interceptor 2007 Chevy Sedan 2010 Greens Mower 2009 Three Gang Mower 2009 Three Gang Mower 2006 Ford F250 Pickup 2005 Ford F 150 Pickup 2003 Chevy SIO Blazer 2001 Freightliner 6YD Dump 1996 Case Wheel Loader 2004 John Deere 5320 Tractor 2003 Intl. Pothole Patch Truck 2002 Gradall Excavator 2003 Ford 55 HP Tractor 2004 Ford 25YD Trach 2003 75HP Tractor 2006 Chevy Half Ton Pickup 2001 John Deere 790 Tractor 2001 John Deere 790 Tractor 2003 Ford F350 Crew Cap 2006 Ford F150 Pickup 2004 Ford Econoline Van 262 L� FREIGHTLINER OIL AUSTIN INv#: ny. 1701 Smith Rd. Bus: 512-389-OFD 1 Austin, Texas 78721 Fax: 512-389-2663 BUYER'$ ORDER BUYER's NMdE TELEPHONE - City of La Porte 281.-470-5114 AWITEW 2963 N. 23rd. St, La Porte STATE TX ZIPCOIIE' 77571 . YEAR MAKE - 2016 1 Freightliner BODY IVIN I M2-106 Tandem Dum Truck Order UCFr4SZ KATE A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY__ LAW; - BUT - MAY CHARGED TO BUYER FOR HANDLING DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS REQUIRED BY LAW, MILEAGE: UN CARGO DOCUMENTAL NO ES. UN CARGO OFFICIAL, LALlEYNO EXIGEQUE SE IMPONGA UN CARGO DOCUMENTAL. PERO ESTE PODRIA COBRARSE A LOS COMPRADORES POR EL MANEJO DE LA DOCUMENTACION EN RELACION CON LE YENTA. UN CARGO DOCMENTAL No PUEDI EXCEDER UNA C.ANIIDAD PAAONABLE ACORDADA POR LAS PARTES. ESTA NOTIFICACION SE EXIGE POR LEY. SELLING PRICE $93 418.00 Buy Board Fee $400.00 Selling rice includes DeIN to La Porte TX. Allow 180 days for delivery, from P.O. issue ate. Disclaimer of Warranties The above decribed vehicle sold by Freightliner of Austin is sold as is, without either express or Implied warranfies of any kind by Freightliner of Austin, including warrantles of merchantability or r€tnMr and 8uyerwill bear the entire expense of repairing or correcting any defects that presently exist or that may occur in the vehicle, unless a writte warranty by, or service contract with Freightliner of Austin covering the describe vehicle Is delivered to Buyer In 'conjunction with or within 90 days following the time of sale,but such vehicle or any of its component parts may be subject to warrant b the manufacuter thereof. MILEAGE: _ YEAR MAKE MODE€1a6i3Y VIN kuLEAGE: TRADE-IN YEAR MACE IMODEURODY 'm TOTAL $93,818.00 PAYOFF- TO: (Trade Allowance) ADDRESS: TRADING DIFFERENCE SALES TAX NIA GOOD UNTIL: REAIERs €01 N.aRYTAX N/A QUOTED BY: LICENSE FEi= NIA SHOW LEINTO, Body Typo: Dump DOCUMENTARYFEE"' NIA ADDRESS: ucenseWt.: eLzDERALEXcis6TAx N/A state Insp.: D.O.T_TOTAL-SALE PRICI W, $ f $:l)0' DATED: LIEN AMOUNT $ License: AYOFF ON TRADE DRAFT FOR $ TO]% EXT. SEfiME AOREENENr DRAFT THRU: Transrar: LESS DEPOSIT ADDRESS: Total Balance Du 93,8 t3.0© Da;ilAfR Inventory, -I Ax nharan is intended to reimhumA the deal fnr Ad vnlorpm faxes on Ifs motor vehirle lnvenfnrv. The charop which is naid by the [haler to the ( �r1Dfy 1 1X aMamr-rninrfor is not n fay Imnncart on a nnncnmar by the naypni ,pn€ gnrl fc nn€_ronitirod to ha rhamari by_iha dnalpr to the ar The Informnlion vnu snn on thp window form for I* vehicle k natt of this contracl. Information on Ihn window form ovorrldes Any a lairy nrnyiSinns on the frinfir,nt of snip. Le fnformacfon quo aparece en la ventarthla de. esta volikuto forma parte de este confrato. La fnformacfon contonlda on of formufado de la ventanAle anula cualquierprevislon qua ostahle rentratfo y auv Anareaca en of contraco do yenta. If a credit eurchase. this is an offer to ourchase only. Buyer offers to nurchaso vehicle on credit terns described herein and no contract relationshlo is created. This order does not constitute an agreement ferthe extension of credit. idanufaclurerlDistdbutor reserves the riohf to chanoe the price of new vehicles to Seller wlfhoutno In The event that the price to Seller of the new vehicle ordered hereunder is changed prior to dedvory to Ruver, ' Buyera4lrees and accepts that the casts delivered price will be chained accordir ff the BuVds used vehicle trade-in Is not delivered to the Seller until delivery of the neey vehicle, the Imde-in will be reaopratsad at that time and Buyer agrees that such realmralsed value sl determine the allowance, if any, made for the Irads-In. Buyer agrees to deliver the original bill of sale and the Title to an trade-in along WIT the delivery of the trade-iu and furtheragrees.to exec and all doci€ments necessary"or reriUlred to transfer legalfloe and bi yhdrstilp to Belief ar its assigns, Buyer warrants the trade-in to be his pro elty and free and clear of all liens and encumpran except as otherwise noted herein. Buyer further warrants that the trade-in has not been declared rebuilt salvage, reconditioned, nonupalrable, orflood damaged and that the emission systems t not been tampered wllh and are is the condition as original] yy manufactured, except for ordinary wear, unless so disclosed. Seller makes no reprosentat]ons, concerning fuel economy of the sale and any information posted on the sale unit or contained in 1llerature relating to the same reflect the results of tests performed, required or prescribed by government agency, upon which Seller felfed.lt is expressly agreed to and understood by Buyer and Seller Met Is the event of a non-credit transaction, Seller retalns a security interest in the purchased vehicle until such time as Buyer paid the Seller for lire vehicle. Buyer agrees to all the above listed charges. BUYER'S SIGNATURE., SELLER'S SIGNATURE DATE AUSTIN TRUCK & EQUIPMENT, LTD. DBA FREIGHTLINER OF AUSTIN CITY OF LA PORTE 114 FREIGHTLINER of AUSTIN 1701 Smith Rd. (Hwy. 183 So.) Sus: 512.389.0000 Austin, Texas 78721 FAX: 512-389-2663 INV. 1Na4 , M00-395-2005 r— 281471-5020 nVunwo CITY I STATE ZIPCOUE 604 W. FAIRMONTPARKWAY IA PORTE TX 77571 -YEAR--_ —._.. 2016 FREIGHTLINER IM2106_ - _ ORDER _ E TE A documentary fee is not an official fee, a documentary fee is not required by law but may be charged to buyer's for handling documents and performing services relating to the the closing of a sate. Buyers may avoid payment of the fee to the seller by handling the documents and performing the services relating to the claming of the sale, A documentary flee may not exceed $50.00. This notice is required by law. MILFACaE: BUY BOARD CONTRAXT30-13 CHASSIS SELLING PRICE,8 PRO PATCH TCM 425=SO-D E 69,606.08 El cobra documental no es un cobro oflcial. fl cobro documental no es an requislto bajo la ley, Pero se le puede cobrar. Al comprador porel rendlmlenta de los serviclos relaclonados• can la completaclon do la venia'y por completar los documentos. Et comprador puede evitar el pago al vendedorde este costa sl el comprador mismo se encarga de mandejar los documentos y de los sefAclos necesarlos Para la completaclon de la vents. Efcobro documental no puede sobrepasar los $50-00 (U.S.) Este aviso es requerldo bajo la ley. BUY BOARD FEE 400,00 €sc a mer ot warranties Any warranties on the products sold hereby are those made by the factory. The Seller, Freightliner of Austin, hereby expressly disclaims all warranties, either expressed or Implied including any implied warranty of merchantability or fltness fora particular purpose, and FrelghtlinerofAustir, neither assumes nor authorizes any other person to assume for It any liability in connection with the sale of this vehicle. CUSTOMER SIGNATURE SALE�MANSIGNATURE KEVIN KRIEG rieniwu:rons pl0tieii3urre atnrereerrt mn astu vxntcsn u1,167. -too intwrnsuon yan sae on the window form ror mis venieie is Pan v Onto oonvoor, Intotniaaon on ate wmdav corm 60(116011. soy tOnCery provisions In thewWeat of sale.' YEAH - MAKE MODEL/BODY YIN, LICENSE PLATE - TOTAL: 139,903.08 FA` FFTO: _.._.. _,......_..... ._ _.._.,.. TradeAlicwanee ---- - -- N/A ADDRESS: Trading Dlfrarence N/A TELEPHONE: / FAX: dales Tax N/A GOOD UNTIL: — Vahlcl0'IhV0ntory Tax T N/A � ,...,_.. .. _. _��. QUOTED sY: .- sue--•= -Ltrortse Fee — SHOW LEN T0: s : 8ody:Ty¢a: Dooulneniary F — I41A ADDRESS: Lksnroo Wt.; Federal Excise Tak N/At j-39,903.08 State In4j.: TOTALSALE PRICE DATFD:� n LIEN-AbtOUNT $ L€cease: Payoff on rrado DRAFT FOR $ Title: �� Ertl service Aigzcment,:: ��� �. bRAF7 TFiRU: Transfer.. .. _. _ Less pepoalt-=- A01AW&R.' 'Total Salance.pue.: 1.39,903.08 FW'd€selewin regulrM by Were) mguTadon'2', The CLasumer Prowellon Aot and The To Res Caniamaf CieditCod% WN be ramie priortocoMurnjfth% R Of a Vadasale.1ldswhQ011 order comprises rho eadra agraenteltl Ottandeg h.;tdspmabase and rro will be rewpfshad_ it 6 exp—ty ep/<ad Ural thopurchaseraequhes ne 1IVA. Wo or inl4restio ar 10 the praperq s*kh he ng,aea to prlrohtwo heisundai unkl such propertyb JaiM1awd to Wia/herand ellher the Ft rice Is pald€ncash orsatidi®,tarydeferred payaMat,%Wtoment Is execrated I the pa:f4as hereto, the tot ms(if w%wh ahattheraaftec ba mWolllnr end a wear dtle [a twnlahed todaafei furtheused calmGitw,03 lawAYed,li any. THIS €S ROTA tWDI IONALSAtEG CONTRACT, Wr€S A BUY]WOORGEp. eya>Alinakvnhislea oarry the arenddrd taeMry xrartamp.Htserideratwdstinsa is rw guarantee on Ne atxrra descdbav1 naW ort7aCC vardole olhnr thp—on Briefs Order. M€ .gajfaimedveldHomodal Is not guarameadknd avalbal a€Qemhdnl.bythe Seresmensennotbeconsidered hlno!oon the Seflen Itledaubd eretrreilhsr FrehP,tilnerof Nnlhlcol IliantanufaamrerwAI ire liable forfdwrn to olfaaldelHery. this order ie nofttinaingm thedoafarunt-1 oppros d byanotwor at FfwSOnsrof Avetln at hadfim in AoaWTarat IV FREIGHTLINER OF AUSTIN 1701 Smith Rd. Bus: 512-389-0600 Austin, Texas 78721 Fax: 512-389-2663 BUYER'S ORDER BUYER'S NAME- _ li4NE City of La Porte 19RI-47n..so 14 ADDRUS 2963 N. 23rd. St, CI La Porte STATE TX ZIPCDOE 77671 YEAR 20'16 MAM Freightliner MODELfaOY, yiN M2-'106 Trash Dum Truck Order ENS£ALATF A DOCUMENTARY -FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NQT REQUIRED BY 'LAW -BUT ''MAY' CHARGED TO BUYER FOR HANDLING DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS REQUIRED BY LAW. MILEAGE. UN CARGO DOCUMENTAL NO ES UN CARGO OFFICIAL. LALEYNO EXIGEQUE SE IMPONGA UN CARGO DOCUMENTAL. PERO ESTE PODRIA COOP -ARSE A LOS COMPRADORES POP EL MANEJO DE.LA DOCUMENTACION EN RELACION CON LE YENTA. UN CARGO DOCMENTAL NO PUEDI EXCEDER UNA CANIDAD PAZONABLE ACORDADA POR LAS PARTIES. ESTA NOTIFICACiION SE EXIGE POWLEY. SELLING PRICE $93,273.00 Buy Board Fee $400.00 Includes Delivery to La Porte, TX. Allow 180 days for aelivem from P.O. issue a e. Disclaimer of Warranties The above decribed vehicle sold by Freightliner of Austin Is sold as Is, without either express or implied warranties of any kind by Freighlilner of Austin, including warranties of merchantability or fitness, and Buyer will bear the entire expense of repairing or correcting any defects that presently exist or that may occur in the vehicle, unless a writte warranty by, or service contract with Freightliner of Austin covering the describe vehicle Is delivered to. Buyer in conjunction Wilt or within 90 days following the time of sale,but such vehicle or any of its component parts may be subject to warranty by the manufacuter thereof. MIrFAGE: YEAR MAKE IMODEUBODY %9N MILEAGE: - TRADF-IN YEAR MANE MPOEEJaODY VIN TOTAL $93,673.00 PAYOFF TO; (Trade Allowance) ADDRESS: TRANNG DIFFERENCE SALES TAX NIA GOOD UNTIL: DEALE[tS MEWORYTAX NfA QUOTED BY: LICENSE FEE N/A SHOW LEIN TO: Body Typo Trash Dump DOCUMENTARY FEE NIA ADDRESS: I icansa WI.: PEDeRAL EXCISE TAX NIA state Insp.: D.O.T. OTAL SALE; PRIC 3, DATED: LIEN AMOUNT $ License:. AYOFF ON TRADE DRAFT FOR $ True: &AT. BYJ€ylCE nn,tEFl€ENi DRAFT TFIRU: Trnstsfer - LES DEPOSIT ADDRESS: I. Total aalance•Du 3,673.00 "ThP Dealers Inventory Tax charm is intnndRd to reimbmmn 1ha drtalarfnr ad valorem taxes on its mntnr vr:hirle invr?ntorv- The charne. which I.e nald by the Dealer to the `mnnCAri nr€ a f'nnCE€ The Infnrmatlon you seP on-thP window form for ihis vehirae Is mart of this cnntrart. information on the window form 6varrida9 anv rnillmrv, nrovisinna on fhrr rnmtrart of sale. Le informAclon quo aparece an Is ventanlBa de esto vehlcula forma parto de esle contrato Le Intormocion contenfdo an olfolmularlo de {a venfarrflla anula ctrafqurarprevision quo establs contratto v auv anarezca on el contrato de vents. If a credit oarrhase. this Is an offer to Durchass only, Buyer offers to owuhase vehicle on credit terms described herein and no contract relatlonshiD is created. This order doss not constitute an aareement•for the extension of credit. Manufacturedbistdbutorreserves the Bahl to chance the price of new vehicles to Seller without no Ill the event -that the price to Seller of the new vehicle ordered hereunder is changed prior to delivery to Buyer. Buveragrees and accopis that the cash delivered price will be changed accordir If the Buyer's used vehicle trade-in is not delivered to the Seller until delivery of the new vehicle, the trade-in will be reappraised at fhattime and Buyer agrees that such reanDralsed value sI -determine the allowance, if any, made -for -the trade -In. Buyeragrees to deliver the original -bill of sale and -Me title loan tradedn along with the delivery of the trade -In and-furlheragrees to exec and all documents necessary or required to transfer legal title and ownorsfitp to Seller orits assigns. Buyer warrants the trade-in tD be. his property and free and clear of all liens and encumbran except m otherwise noted herein. Buyer further warrants that the trade: -In has not been declared rebuilt salvage, reconditioned, nonrrpairable, or flood damaged and that the emission systems 1- not been tampered with and are In the condition as originally manufactured, except for ordinary wear, unless so disclosed. Seller makes no representations, concerning fuel economy of the sale and any Information posted on the sale unit or contained in Reratum relating to the same reflect the results of tests performed, required or prescribed by government agency, upon which Seller relled:if is expressly agreed to and understood by Buyer and Seller that Is the event of a non•credif transaction, Seiler retains a security interest in the purchased vehicle uA such time as Buyer pold the Seller toy the vehicle. Buyer agrees to all the above listed charges. DUYEWS SIGNATURE: SELLER'S SIGNATURE DATA AUSTIN TRUCK & EQUIPMENT, LTD. DBA FREIGHTLINER OF AUSTIN REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1/12/15 Requested By: David Mick Department: Public Work,. Report: Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Exhibits Budget Source of Funds: Fund 002 (Utilities) Account Number: Various Amount Budgeted: $145,000 Amount Requested: $26,494 36 Budgeted Item: YES NO SUMMARY & RECOMMENDATION Advertised sealed bid 415005 — Water and Sewer Supplies was opened and read on December 2, 2014, three bids were received. Bids were advertised in the Bay Area Observer on November 13 & 20, 2014, posted on the City's website and Public Purchase. Low bids meeting specifications were submitted as follows: HD Supply Section 41 Service Material and Brass $25,721.70 MDN Enterprises Section 42 Clamp & Couplings $22,338.52 Section 44 Gate Valves $ 9,492.06 Section 45 Ductile & C I Fittings $15,153.56 Section 46 Transition Couplings $ 967.60 Sub Total $47,951.74 Coburn's Supply Section 43 Rubber Adapters, Sewer Fittings, Tubing and Meter Boxes $12,162.02 Section 47 PVC Pipe & Fittings $ 658.90 Sub Total $12,820.92 Grand Total $86,494.36 The contract price is for one (1) year with an additional one-year renewable option period upon agreement of both parties. Staff Recommendation: Staff recommends award of water and sewer supplies to low bidders meeting specifications as listed above. Items will be purchased for Public Works warehouse inventory throughout the year and distributed as needed. Funds are available and within budget of the water and sewer divisions' various accounts and CIP projects. Some of the accounts are as follows: Waste Water Collection 002-7086-532-4013 Sanitary Sewer line repairs $20,000 Water Distribution 002-7085-533-4012 Water Line repairs $40,000 Capital Improvement Project number UTL 697 Valve Replacement $40,000 Capital Improvement Project number UTL 898 In house Water Main Replacement $45,000 Project Benefits, Liabilities, and Operating Costs: These items are maintained in the warehouse for water and sewer line leaks and repairs, including commercial and residential. The immediate availability of these items reduces the time that water is shut-off for the citizens and reduces amount of water leaking into roads, alleys, and ditches. If the items are not available, utility crews would have to drive into Houston to purchase the parts, significantly decreasing productivity and efficiency. Action Required by Council: Consider approval or other action authorizing the City Manager to enter into contracts with HD Supply, MDN Enterprises, and Coburn's Supply for the annual supply of water and sewer supplies in the amount of $86,494.36. Approved for City Council Agenda Corby D. 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N N Ri N N 00 t/)- t/) t/) t/) t/) t/) t/) t/) Ln M � l0 00 C Ln N Vi- X W 00iM-I (U rr-I rr- N N N U 'i O O O O O O O O a t/} t/} t/} t/} t/} t/} t/} t/} T O O O O O O O O J 0 0 z R � ~ O •U N IA a -I M y m rI N X X N N N N a\i M i i i U U U C C to a a a -0 -0 � IA IA m 3 m 3 m — — — 0 0 0 a a W W W V U U (A (A 11 0 Ln REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Requested By: D. Mick Department: Report: ' q�' Other:' C' Attachments : Public Works Resolution:' ' Ordinance: " 0' 1. Summary of Vehicle Replacement 2. HGAC Worksheet Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: SUMMARY & RECOMMENDATIONS Appropriation Motor Pool 009 Various 109, 385.00 78,029.00 0 YES 0' NO The FY 2015 budget includes funding for the replacement of one greens mower, two three -gang mowers, and one tractor consulting with departments, there are two changes to this equipment replacement schedule: . Reducing golf course fleet from 2 three -gang mowers to one five -gang mower. The 5-gang unit will cover more gr used to mow fairways, green slopes, and tee slopes using one operator in place of two. . Parks currently has one Gator ATV truck stationed on the west side of town at Pecan Park in regular use. An AT needed on the east side of town requiring pickup and delivery of the ATV truck to the east side of town eliminating Pecan Park. Competitive quotes were received through H-GAC (Contract GRO1-12), local government purchasing cooperative, for rc five gang mower, one Greens Mower, and one Gator ATV truck. VENDOR BUDGET ITEM BUDGETED BID Five Gang Mowers 57,584.00 54,637.93 Greens Mower 32,609.00 35,688.17 Brookside Equipment Gator ATV truck2 19,192.00 6,422.25 Total 109,385.00 96,728.35 Trade-in allowance -18,700.00 Due Brookside 78,028.35 1 Changing 2 — three -gang mowers to 1 — five gang mower 2 Changing tractor to Gator ATV truck Action Required of Council: Consider approval or other action to award purchase of one — five gang mower ($54,637.93), one greens mower ($3. ATV truck ($6,422.25), and trade in allowance (-$18,700.00), to Brookside Equipment. Approved for City Council Agenda Corby D. Alexander, City Manager Date Account Number 009-5050-522-8050 009-5051-522-8050 009-5051-522-8050 009-5059-522-8050 009-5253-521-8050 009-5253-521-8050 009-5253-521-8050 009-5256-521-8050 009-5256-521-8050 009-5256-521-8050 009-5258-521-8050 009-6049-551-8050 009-6049-551-8050 009-6049-551-8050 009-6054-510-8050 009-6147-515-8050 009-7070-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7071-531-8050 009-7072-532-8050 009-7077-533-8050 009-7084-533-8050 009-8080-552-8050 009-8080-552-8050 009-8080-552-8050 009-8080-552-8050 009-8082-551-8050 CITY OF LA PORTE SUMMARY OF VEHICLE REPLACEMENTS FISCAL YEAR 2014-15 Amount $ 31,140 424,730 46,676 72,500 35,125 35,125 35,125 20,796 20,796 35,125 35,125 32,609 28,792 28,792 34,027 17,525 32,319 109,631 145,664 26,259 135,915 292,967 29,010 97,155 32,206 17,559 19,192 19,192 33,690 17,559 39,665 $ 1,981,991 * 51-32 unit was ordered in October 2013 Unit 50-01 51-32 51-19 59-30 53-11 53-16 53-53 56-18 56-19 56-68 58-40 49-I6 49-42 Y 49-434 54-01 47-01 70-03 71-27 71-28 71-38 71-49 71-54 71-57 72-04 77-55 84-23 80-01✓ 80-13 80-42 80-54 82-10 262 Description 2005 Ford Explorer 1994 KME Fire Pumper 2002 Ford F250 4WD Crewv Cab 2009 F450 AMB Cab & Chasis 2009 Ford Police Interceptor 2010 Ford Police Interceptor 2006 Ford Police Interceptor 2007 Chevy Sedan 2007 Chevy Sedan 2008 Chevy Impala Interceptor 2007 Chevy Sedan 2010 Greens Mower 2009 Three Gang Mower 2009 Three Gang Mower 2006 Ford F250 Pickup 2005 Ford F150 Pickup 2003 Chevy S 10 Blazer 2001 Freightliner 6YD Dump 1996 Case Wheel Loader 2004 John Deere 5320 Tractor 2003 Intl. Pothole Patch Truck 2002 Gradall Excavator 2003 Ford 55 HP Tractor 2004 Ford 25YD Trach 2003 75HP Tractor 2006 Chevy Half Ton Pickup 2001 John Deere 790 Tractor 2001 John Deere 790 Tractor 2003 Ford F350 Crew Cap 2006 Ford F150 Pickup 2004 Ford Econoline Van JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Prepared For: City Of Laporte Mike Collins 2963 N 23rd St La Porte, TX 77571 - Brookside Equipment Sales, Inc, ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Brookside Equipment Safes 7707 Mosley Houston, TX 77017 713-943-7100 gillespie.gregory@brooksideusa.com Quote Summary HGAC CONTRACT GR01-12. MAKE P.O. OUT TO: JOHN DEERE CO. 2000 JOHN DEERE RUN. CARY, N.C. 27513. SEND CONFIRMING COPY TO BRANT NORTH FOR ORDER ENTRY PROCEDURES. bnorth@brooksideusa. COm Delivering Dealer: Brookside Equipment Sales Brant North 7707 Mosley Houston, TX 77017 Phone: 713-943-7100 bnorth@brooksideusa.com Quote ID: 10446923 Created On: 16 October 2014 Last Modified On: 13 November 2014 Expiration Date: 19 December 2014 fp Equipment Summary Suggested List Selling Price Qty Extended `7 1 JOHN DEERE 7700A PrecisionCut $ 72,287.00 $ 54,637.93 X 1 = $ 54,637.93 / Fairway Mower Contract: TX HGAC GR01-12 Price Effective Date: October 16, 2014 3 JOHN DEERE 2500E PrecisionCut $ 47,153.39 $ 35,668.17 X 1 Riding Greens Mower - Diesel 'V Contract: TX HGAC GR01-12 Price Effective Date: October 16, 2014 pl JOHN DEERE PR15 - Gator TS $ 7,649.82. i� (Cayman Turf Tires) Contract: TX HGAC GR0'1-12 Price Effective Date: November 12, 2014 Equiprnent'rotal Trade In Summary 2009 JOHN DEERE 2653B TRIM/SURROUND MOWER-1'C2653T030082 PayOff Tota! Trade .Allowance $ 6,422.25 X 1 Qty Each 1 $ '7, 500.00 $ 35,668.17 _ $ 6,422.25 $ 96,728.35 Extended $ 7,500.00 $ 0.00 $ 7, 500.00 SaJespz-rson : X Conflderlial Accepted By : X ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 2009 JOHN DEERE 2653E TRIM/SURROUND MOWER - TC2653TO30083 Payoff Total Trade Allowance . 2010 Jacobsen Greens King - 062304 PayOff Total Trade Allowance ,Brookside Equipment Sales, Inc. ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Brookside Equipment Sales 7707 Mosley Houston, TX 77017 713-943-7100 gillespie.gregory@brooksideusa.com 1 $ 7, 500.00 $ 7, 500.00 $ 0.00 $ 7,500.00 1 $ 3,700.00 $ 3,700.00 $ 0.00 $ 3,700.00 Trade In Total $18,700.00 Includes Fees and Non -contract items Quote Summary Equipment Total $ 96,728.35 Trade In $ (18,700.00) SubTotal $ 78,028.35 Total $ 78,028.35 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 78,028.35 Salesperson . X Confidential .Accepted By: X REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' q�' Other: '0 E. Ensey Planning & Development Resolution: "'i' Ordinance: '0 Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: q�' YES 10 NO Attachments SUMMARY & RECOMMENDATIONS The applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at the southeast corner of Spencer Highway and Underwood Road from R-1, Low Density Residential, to GC, General Commercial. The subject site is split -zoned, with a portion of the site zoned R-1 and a portion zoned GC. The portion of the site proposed to be rezoned is approximately 1.6611 acres out of a larger parcel of land that is approximately 2.62 acres which also contains a Shell gas station currently. Should the rezoning be approved, the applicant has indicated that the gas station will be removed to accommodate development of an ALDI grocery store and future pad site. The Future Land Use Map approved as part of the city's Comprehensive Plan identifies this entire 2.62 acre parcel as a "Commercial" land use. As a result, the proposed rezoning would be consistent with the Future Land Use Map. The Planning and Zoning Commission conducted a public hearing at the November 17, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City that originally expressed some concern with the proposal (from the immediately adjacent property to the south owned by Fred Anthony and Robin French, 3203 Canada Road), however the developer has agreed to work with the adjacent party to mitigate the property owners' concerns. The Commission voted unanimously to recommend approval of the rezoning of the subject property from R-1, Low Density Residential, to GC, General Commercial. Staff concurs with the Planning and Zoning Commission's recommendation to approve Rezone Request # 14- 92000004. The proposed rezoning is consistent with all applicable zoning regulations and the City's Comprehensive Plan. Action Required of Council: 1. Conduct public hearing. 2. Consider approval or other action of Rezone Request # 14-92000004, rezoning the referenced property from R-1 to GC, based on a recommendation by the Planning and Zoning Comirssion. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By: Department: Report: '"i' Other: '0 Administration Resolution:1101 Ordinance: 10 Attachments : 1. Ordinance 2. P&Z Recommendation Letter 3. Zone Change Application 4. Area and Land Use Map 5. Area and Zoning Map 6. Conceptual Site Plan 7. Letter from Owner of3202 Canda Road Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES SUMMARY & RECOMMENDATIONS "i' NO The applicant (Spencer Shell LLC) seeking to rezone 1.6611 acres of land at the southeast corner of Spencer Highway and Underwood Road from R-1, Low Density Residential, to GC, General Commercial. The subject site is split -zoned, with a portion of the site zoned R-1 and a portion zoned GC. The portion of the site proposed to be rezoned is approximately 1.6611 acres out of a larger parcel of land that is approximately 2.62 acres which also contains a Shell gas station currently. Should the rezoning be approved, the applicant has indicated that the gas station will be removed to accommodate development of an ALDI grocery store and future pad site. The Future Land Use Map approved as part of the city's Comprehensive Plan identifies this entire 2.62 acre parcel as a "Commercial" land use. As a result, the proposed rezoning would be consistent with the Future Land Use Map. The Planning and Zoning Commission conducted a public hearing at the November 17, 2014, meeting concerning this rezoning request. One public hearing notice response was received by the City that originally expressed some concern with the proposal (from the immediately adjacent property to the south owned by Fred Anthony and Robin French, 3203 Canada Road), however the developer has agreed to work with the adjacent party to mitigate the property owners' concerns. The Commission voted unanimously to recommend approval of the rezoning of the subject property from R-1, Low Density Residential, to GC, General Commercial. Staff concurs with the Planning and Zoning Commission's recommendation to approve Rezone Request # 14- 92000004. The proposed rezoning is consistent with all applicable zoning regulations and the City's Comprehensive Plan. Action Required of Council: 1. Conduct public hearing. 2. Consider approval or other action of Rezone Request # 14-92000004, rezoning the referenced property from R-1 to GC, based on a recommendation by the Planning and Zoning Comirssion. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY CHANGING THE ZONING CLASSIFICATION FROM SPLIT LOW DENSITY RESIDENTIAL (R-1) AND GENERAL COMMERICAL (GC) TO EXCLUSIVELY GENERAL COMMERCIAL (GC), FOR A 1.6611 ACRE TRACT OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by changing the zoning classification of the following described property, to wit: 1.6611 acres of land located near the intersection of Canada Road and Spencer Highway, in the William Jones Survey, Abstract 482, City of La Porte, and more particularly described by metes and bounds description attached hereto as Exhibit A and incorporated by reference for all purposes, from split Low Density Residential (R- 1) and General Commercial (GC) classifications, to exclusively General Commercial (GC). Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4, The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration in compliance with code provisions. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 7, This Ordinance shall be effective upon its passage and approval of this Ordinance, this Ordinance shall become null and void. PASSED AND APPROVED this the day of , 2015. CITY OF LA PORTE in Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney Legal Description: 1.6611 Acres 72,356 Sq. Ft. Being 1.6611 acres of land in the William Jones Survey Abstract No. 482, City of La Porte, Harris County, Texas, being all of the called 1.7288 acre tract of land as described in deed to SARD Enterprises, Inc. as recorded in Harris County Clerk's File Number 20110256783, less a 0.068 Judgment to the City of La Porte, Texas recorded in Harris County Clerk's File Number Y861690, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 iron rod with "Atkinson 5897" cap set at the intersection of the south right of way of Spencer Highway (width 100 feet) with the east right of way of Canada road (width varies) being the northeast corner of Reserve "B" dedicated to the City of La Porte to widen Canada Road shown by plat recorded in Film Code 419137 of the Harris County Map Records„ said iron rod also being the northwest corner of Lot 1 as shown by plat of Texaco at Canada Subdivision recorded in Film Code 419137 of the Harris County Map Records; THENCE N.86059'03"E. 195.00 feet along the south right of way of said Spencer Highway (width 100 feet), to a 5/8 iron rod with "Atkinson 5897" cap set marking the northwest corner of said 1.7288 acres and also marking the PLACE OF BEGINNING; THENCE N.86059'03"E. 151.63 feet continuing along the south right of way of said Spencer Highway (width 100'), to a 5/8 iron rod with "Atkinson 5897" cap set for corner at the intersection of the south right of way line of Spencer Highway and the west boundary of a 55 foot fee strip described to Harris County Flood Control District in Harris County Clerk's File Number P302406; THENCE 5.09028'15"W. 340.02 feet to a 5/8 iron rod with "Atkinson 5897" cap set for corner, a 5/8 inch iron rod with H.G. Smith Cap found bears 5.89059'57"W. 5.39 feet, said set iron rod also the northeast corner of the called "Lot 6" as described to Fred Anthony in Harris County Clerk's File Number P430065; THENCE S. 87007'34"W. 361.41 feet to a 1 inch iron pipe found in the east right of way of said Canada Road (width varies); THENCE N.15039'57"E. 138.38 feet along the east right of way of said Canada Road (width varies), to a 5/8 iron rod with "Atkinson 5897" cap set marking the northeast corner of a called 0.068 acres conveyed to City of La Porte in Harris County Clerk's File Number Y861690; THENCE N.86059'03"E. passing a 5/8 iron rod with "Atkinson 5897" cap set at 45.00 feet marking the southwest corner of said Lot 1, and continuing in all 240.00 feet to a 1/2 inch iron rod found for corner; THENCE N.03018'42"W. 200.00 feet, to the PLACE OF BEGINNING. EXHIBIT A 0 City of La Porte Planning and Development Department ® Established 1892 Tint Tietiens, Director December 4, 2014 Honorable Mayor Rigby and City Council City of La Porte RE: Rezone Request #14-92000004 Dear Mayor Rigby and City Council: The La Porte Planning an(] Zoning Commission held a public hearing at the Novernber 17, 2014 meeting on a request by Spencer Shell LLC to rezone the property known as a 1.6611 acre tract of land further described as Tracts 1-5, Spencer Highway Estates 2, of the Deed Records of Harris County, William M. Jones Survey, Abstract 482, LaPorte, Harris County, Texas, from R-1, Low Density Residential, to GC, General Commercial. The applicant is seeking approval of the proposed zone change for development of the property as an ALDI grocery store and pad site. The Commission unanimously voted to recommend approval of the proposed rezone. Respectfully submitted, Hal Lawler Chairman, Planning and Zoning Commission. cc: Tim Tictjens, Director of Planning and Development Department File City of La Porte 604 W. Fairmont Parkway Mom: (281) 471-5020 Planning atid Development LaPorte, TX 77571-6215 Fax: (281) 470-5005 wwwJaportetxgov FROM i i (TUe100T 21 2014 eIS4/BT' 0;e4J6o.a82f523149 r 1 Clcyalta Porte . phone;211,476.54)3 SAtv.Fstfmant wonesY. Planning&DeVWOPrnsntDel?adMiInt Par.201.470�i wpollEc17S 17$71 ZONECHANGE PERMI-r APPLICATION www.lsisaneltia� 1. P80PESTY aw Ek co lAAtT rNF�AMY* n WKkS NAk1: e ULCI MONK L• FAXa• T. A4ENT REPRES9KT111GPRt?pERYYOWNER (dAppli(able)' AGEN11[O2arXMRC0WANY !dam , 44 (2i) / IrtkS cOwtrPlns9rs'sNAiAE, �V�ll. .47S11 vltoffC: a, PAOpm7y DIISCRIPTIONI liCADIARCELtgs1734Fis+}Tixrv[:r 34 d 3j PROFELTY AMISS III C-61tinflY r 4, i0:'IINVjNFQftMATfoNdFPROPERTY1 wnlaEdrxdR,tlGnf.SsaNA'n41+:�a1� ��,tJsy�. a4aeesrEpzsu�'1NcaEsrsrrAndw: MISFhT3iUMrS USE lio : PRDvoSEt) USAIi&: 6. APPLICATION CH ECNt15T&SRPFDFCTIN1jnoCUM>?iTAfION(check apo ablabnxas); OfMMvIeTPrieAiSi+SaFveitFAlfI�PPISi'/1Roli ' ® tfRitR P c e 1 a e: , aFHidAtiPIAM MlitDftPCil.FfrEFWV E3 MkItGEV S1TEP>aK ® PAEUAs,4lAT i 1 SUeNAT H01rREFUNoA9L9 63oo.ao AP411C+4TlCE! ree PEUNieDNAFAFt SSGHATURE`- 4AM 4 /srA{f u3EQy1� - APPt1CAY1014 N0I bATEGFp�ZPUEi1CFIfAR16`G: 9ECOMMIROAVON: C3 YES' Cl NO APPU�tF1i�AmAccHYaw7rERSNoY1i1XAr 0 YFS 0 Na DATEOFNOTNICATraN;, &WOMYCOI AIMAGEHUA; APr'ROVF4: YES Nd AQOPYPR OYOA01HAHGF Ma: [dh7ideum. Ley , Wilson Development, LLC To Whom It May Concern, 4544 post Oafs Place Drlve Suite 375 Houston, TX 77027 713.439.0788 fax: 713.439.0791 I am proposing to demolish the existing Shell gas station at the Southeast corner of Spencer Hwy at Canada and replace it with a 17,500 sf free standing ALDI grocery store and a free standing retaillrestaurant pad. I have entered into a 20 year ground lease with ALDI on the property at the hard corner. The entire development will encompass approximately 2.55 acres. A portion of the 2.55 acres is currently zoned as low density residential and is vacant. The remaining portion of the property is zoned as general commercial. With this in mind I would like to request your consideration of rezoning the entire tract to general commercial. I appreciate your consideration to this matter. AREA MAP + LAND USE N (CLP #14-92000004) w E s AREA MAP + ZONING (CLP #14-92000004) LOCATION OF PROPERTY 0 �1 inch = 200 feet i 1338-LS AIM. ni o \ =1S 000`£ aOO-41Sdzl i S LJ Q W H s Ln I QLi z` I <o _a p as U � - - J = U I U I � N } O Q.UMo n a� OU a rn _ C o > � b o MIW W -77T 7, 200.00' _ _ _ _ _ U3-18'42•' w m \LS\ 8 •6F•S[ N I z DL --------------- o o �- a E I U �J i O CD — Z LL O J Lu LLJ La Porte City Ball 604 West Fairmont Parkway La Porte, TX 77571 attn: La Porte Planning and zoning Commission RE; Zone Change Request #13-9200004 To Whom It May Concern: Recently we were notified via letter of the above referenced request to change the zoning of the empty lot next to us for the purpose of building an Aldi grocery store with an additional fast food pad site. This possible project raises several concerns with us, as listed below. t. Road safety: Canada Rd from Spencer Hwy running south to Carlow is posted 35 miles per hour. This speed limit is greatly ignored by the current traffic as it is. We have nearly been struck entering and existing our own driveway on multiple occasions due to drivers speeding. It is also not unusual to have our driveway blocked by traffic waiting for the traffic light to turn. The median at the intersection for Canada Rd and Spencer Hwy has a No U-Turn sign for south bound traffic. This is also largely ignored and we have seen many accidents and near accidents because of this. If an entrance were to be put adjacent to our north property line, the likely hood of even more traffic incidents would increase. The end of the median is approximately 50' north of our fence. if the standard 25', radius and 25' entrance were used, the median would have to be shortened by a minimum of 25'. Possible solution: Do not allow an entrance in this location. 2. Trash, noise, and light pollution: As it is, we can barely keep up with the trash that comes into our yard from the gas station and from foot traffic traveling the sidewalk to and from it, If there is an argument or loud noises at the gas station, we can hear it. The current lighting on the corner is a nuisance that we've had to learn to deal with. If a store, especially one that will require large truck deliveries, is built close to our north property line all of the above concerns will increase dramatically. Possible solution: Do not allow large truck delivery docks on the south side of the bui€dings or within 50 feet or our fenceline. If that is not an option, then do not allow any large truck traffic except during daylight hours. Do not allow any lighting that will point directly into our property. Require a solid barrier fencing, either of wood or masonry, along the entire connecting property line up to the U.V.E. needed for curve of the road. A solid barrier fencing would ease a great many of our concerns as it would help block extraneous lighting, restrict trash, and help muffle noise. 3. The empty lot next to us has an elevation higher than our property. We are concerned with the possibility of flooding with the addition of so much impervious surface. Possible solution: Require more than adequate on -site detention and storm water drainage that will insure no flooding of our property will occur due to the construction of this site. Sincerely, Fred Anthony & Robin M French 3203 Canada Rd REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' C' Other:' C' Attachments : R. J. Davidson Planning & Development Resolution:" C' Ordinance: ' q�' Source of Funds: General Funds Account Number: Amount Budgeted: 00190925246021 60,000.00 Amount Requested: 59,630.00 Budgeted Item: F�' YES 0 NO SUMMARY & RECOMMENDATIONS A regular Council meeting was held on September 22, 2014 to review the findings of the Dangerous Building Inspection Board and an October 12, 2014 public hearing date was granted to consider formal action. At the October 13, 2014 public hearing, City Council granted four (4) addresses 60 days to make repairs: 303 S. Iowa, 500 W. Main St., 3322 Clarksville and 119 S. Carroll. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice in the Bay Area Observer and posted to the City of La Porte public bulletin board. Also, certified letters (voluntary consent to demolish form and public notice) were mailed to the building owners. At this time, staff has secured a voluntary consent to demolish forms) on 3318 Clarksville. No condemnation ordinance is needed on this location. The Board recommends passage of condemnation ordinances for 500 W. Main and 303 S. Iowa (secondary structure, carport in rear). The remaining two (2) addresses, 3322 Clarksville and 119 S. Carroll, have made the necessary repairs and Staff recommends removing these properties from the Dangerous Building list. The Finance Department has confirmed $59,629.50 in budgeted funds. Action Required of Council: Consider approval or other action of Condemnation Ordinances for 500 W. Main and 303 S. Iowa (secondary Structure, carport in rear) for condemnation of substandard buildings. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' C' Other: '0 Attachments : R. J. Davidson Planning & Development Resolution:" 'i' Ordinance: ' q�' 1. List of Dangerous Buildings 2. Building Owner's Notification List 3. Dangerous Building Inspection Reports 4. Sample Condemnation Ordinance 5. PowerPoint Presentation on Buildings Source of Funds: General Funds Account Number: Amount Budgeted: 00190925246021 60, 000.00 Amount Requested: 59,629.50 Budgeted Item: "�' YES 0 NO SUMMARY & RECOMMENDATIONS A regular Council meeting was held on September 22, 2014 to review the findings of the Dangerous Building Inspection Board and an October 12, 2014 public hearing date was granted to consider formal action. At the October 13, 2014 public hearing, City Council granted four (4) addresses 60 days to make repairs: 303 S. Iowa, 500 W. Main St., 3322 Clarksville and 119 S. Carroll. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the buildings should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structures. Subsequent to this meeting, as required by Chapter 82, Article VIII of the Code of Ordinances, a notice was published twice in the Bay Area Observer and posted to the City of La Porte public bulletin board. Also, certified letters (voluntary consent to demolish form and public notice) were mailed to the building owners. At this time, staff has secured a voluntary consent to demolish forms) on 3318 Clarksville. No condemnation ordinance is needed on this location. The Board recommends passage of condemnation ordinances for 500 W. Main and 303 S. Iowa (secondary structure, carport in rear). The remaining two (2) addresses, 3322 Clarksville and 119 S. Carroll, have made the necessary repairs and Staff recommends removing these properties from the Dangerous Building list. The Finance Department has confirmed $59,629.50 in budgeted funds. Action Required of Council: Consider approval or other action of Condemnation Ordinances for 500 W. Main and 303 S. Iowa (secondary Structure, carport in rear) for condemnation of substandard buildings. Approved for City Council Agenda Corby D. Alexander, City Manager Date SUBSTANDARD BUILDING LIST (Summer 2014 Group Granted 60 Days to Repair) 1) 3322 Clarksville St. (Single -Family Dwelling in R-1 Low -Density Residential Zone) HCAD: 079-083-006-0090 Legal Description: Blk. 6; Lot 91 & N 1/z of Lt 90; Spencer Hwy Estates Improvements: $ 27,943.00 as of January 2014 per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 0- No Pending Liens Utility Billing: $ 0 (Termination Date 10/14/2013) 2) 303 S. Iowa St. (SECONDARY STRUCTURE, REAR OF PROPERTY) (Single -Family Dwelling in R-1 Low -Density Residential Zone, Secondary Structure) HCAD: 024-007-016-0003 Legal Description: Blk. 216; Lots 4 & 5 & S. 1/z of Lot 6; La Porte Improvements: $ 37,728.00 as of January 2014 per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 0- No Pending Liens Utility Billing: $ 0 3) 119 S. Carroll St. (Single -Family Dwelling in R-1 Low -Density Residential Zone) HCAD: 006-177-000-0010 Legal Description: Blk. 87; Lots 10 & 11; Bay Front to La Porte Improvements: $ 3,135.00 as of January 2014 per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 212.20 Utility Billing: $ 53.86 (Termination Date 10/22/2013) 4) 500 W. Main St. (Commercial Structure in Main Street District Overlay) HCAD: 023-189-000-0021 Legal Description: Blk. 56; Lots 21 & 22; La Porte Improvements: $ 42,539.00 as of January 2014 per HCAD Taxes Owed: $ 0 Mowing/Clean-up: $ 0- No Pending Liens Substandard Bldg. List — Surnmer 2014 Group Utility Billing: $ 0 (Termination Date 3/10/2011) Substandard Bldg. List — Summer 2014 Group Building Owner's Notification List Summer 2014 (Dangerous Building Group) 1) 3322 Clarksville St. (Single Family Dwelling in R-1 Low Density Residential Zone) HCAD: 079-083-006-0090 Legal Description: Blk: 6; Lts: 91 & N '/2 of Lt 90; Spencer Hwy Estates Tax Roll: Perales Rosabe/ — 11147 Plain Brook St. — La Porte, TX 77571-9367 Deed: Rosabe/ Perales — 1147 Plain Brook — La Porte, TX 77571 2) 303 S. Iowa St. (Single Family Dwelling in R-1 Low Density Residential Zone) HCAD: 024-007-016-0003 Legal Description: Blk: 216; Lts: 4 & 5 & S'/2 of Lt 3 & N '/2 of Lt 6; La Porte Tax Roll: Cernosek Randall W— 514 S Black St. — La Porte, TX 77571-5711 Deed: Randall W. Cernosek — 303 South Iowa Street — La Porte, TX 77571 3) 119 S. Carroll St. (Single Family Dwelling in R-1 Low Density Residential Zone) HCAD: 006-177-000-0010 Legal Description: Blk: 87; Lts: 10 & 11; Bay Front to La Porte Tax Roll: Lopez Rufina — 3007 Country Boy Ct. — Spring TX 77373-8022 Deed: Rufina Lopez — 3007 Country Boy Court — Spring TX 77373 4) 500 W. Main St. (Commercial Structure in Main Street District Overlay) HCAD:, 023-189-000-0021 Legal Description: Blk: 56; Lts: 21, 22 & 23; La Porte Tax Roll: Diaz Gilbert — 8021vy Ave, Deer Park, TX 77536- 3220 Deed: Gilbert Diaz — 8021vy Ave — Deer Park, TX 77536 Page 1 of 1 City of La Porte DANGEROUS BUILDING INSPECTION FORM , m bccu ?) DATE: ` STREET ADDRESS: Amy l►►► 1191 DEED OWNER: HCAD: 00C,2-- �"77- COb- 00 tC LEGAL: Ls . 14 y! I Ilik 9 OCCUPANCY TYPE: NON -CONFORMING ISSUES: ZONING: FACILITIES AVAILABLE: WATER: T C-T-F—y SEWER: ELECTRICAL: IT A-C--WEGAS: NOT NUMBER OF DWELLING UNITS: VACANT:OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vlll, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACTA DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. 82-473, DECLARATION' OF. PUBLIC NUISANCE AND HAZARD A_ Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the ;Board; that any'or all of the following is applicable 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. Whenever any portion thereof has been damaged byfire, earthquake, wind, flood,_ or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) p_public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unla f f acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate Tght, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. '8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-4esistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B,Dangerous or substandard electrical, plumbing, or mechanical 'installations: A bualding or` structure shall be`..considered 'dangerous or substandard whenever it is determined by the Board, that any o.r all of the following is appiicable: I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: x BUILDING FFICIAL'S OFFICE DATE rn FIRE MARSHAL'S OFFICE DATE x FIRE CHIEF'S OFFIC DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM UU-r'�'-lUc DATE: 9_l`"° -1 STREETADDRESS:� OWNER: C: DEED OWNER: HCAD: 6 d-1a - ®Q - 6 1 ® 6663 LEGAL: L . q4,5 - ��. � �- D! 3 Y- Al. VZ OCCUPANCY TYPE: ZONING: NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: N6TUC SEWER: ELECTRICAL: U-!!V GAS: N-T C -U NUMBER OF DWELLING UNITS: VACANT: OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: DECLARATION l0F PUBLIC NUISANCE AND HAZARD Dangerous or substandard buildings or structures. A' building or structure shall be considered dangerous or substandard wh`ene�er it Is determined by the Board; that 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. r 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, W. or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage2rop_erty. �4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary far the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become_ (a) Uublic nujsance (b) a harbor for vagrants, or as to (c) ena_ble persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. ©angeraus or substandard electrical, plumbing, or 'mechanical installations:' R building or structure shall be `considered 'rlangerousor. substandard whenever it is determined by the Board, that any or all of the following is applicable: Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: BUILDING FFICIAUS OFFICE DATE ci FIR MARSHAL'S OFFICE DATE Xa FIRE CHIEF'S OFFI DATE City of Porte kANGEROUS BUILDINGINSPECTION HCAD: LEGAL: k 5-6, , ' ' r?- A-C OCCUPANCY TYPE: C4141tf ZONING: NON -CONFORMING ISSUES: FACILITIES AVAILABLE: WATER: No SEWER: ELECTRICAL: f") GAS: NUMBER OF DWELLING UNITS: -'T V G_ L C% VACANT: Yc OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. 82-471 DECLARATION OF PUBLIC NUISANCE AND HAZARD A Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board.,that any or all. of the following is applicable: 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its r foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. i 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. ' 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B. Dangerous or substandard electrical, plumbing, or. mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: T1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2 Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. _3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. _4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: x BUILDING 6FFICIAUS OFFICE DATE X '_J FIRE IMARSHAL'S OFFICE DATE X i A 92::_V�a V2�11�1 FIRE CHIEF'S OFFIC DATE City of La Porte DANGEROUS BUILDING INSPECTION FORM 106-e- &A PC, P_7f-F_-) �, ,O DATE: `` � '' STREET ADDRESS: 3 22 W OWNER: OSGie! Pero 1cs DEED OWNER: HCAD: 07 9 ` o 3 — 006' 00k?O LEGAL: N Y:2 of LT 1 BP �o �pcnce.-r y Osk4cs OCCUPANCY TYPE: NON -CONFORMING ISSUES: ZONING: FACILITIES AVAILABLE: WATER: .IT j4TZL1 SEWER: ELECTRICAL: AC: T U NUMBER OF DWELLING UNITS: VACANT: OCCUPIED: GAS: 6[ •C,7 AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTIONS MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: SEC. 8247. DCLAR4TI0N OF PUBLIC NUISANCE AND HAZARD A Dangerous or substandard buildings or structures. A building or, structure shall be considered dangerous or substandard whenever it is determined by the Board; that any or all of the following is applicable 1: A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up. 2: Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location. ~3. Whenever any portion or member or appurtenance thereof is liked to fail, or to become detached_ or dislodged, or to collapse and thereby injure persons or damage property. - 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, -or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse. 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used. _6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts. 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard. B.` Dangerous or substandard :electrical, plumbing, or'mechanical 'installations: A building or: structure s}all be considere& dangerous or substandard whenever it is determined by the Board, that.any or all of the following is applicable: Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended. 2. Whenever any installation or portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety. 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property, or safety. 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the Building Code and/or Fire Code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: ate" cat �. 7( '0 Lq X1tC 6 -E-C,' BUILDIN6 OFFICIAL'S OFFICE DATE FIRE MARSHAL'S OFFICE DATE x_ _ __ FIRE CHIEF'S OFFICE DATE ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of LaPorte, passed and approved Section 82-472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at , Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82-473 of the Code of Ordinances of the City of La Porte; and Ordinance No. Page 2 WHEREAS, said Board has heretofore made and filed its written report, dated SEPTEMBER 10, 2012 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Susan Rector whose address is , LA PORTE, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, and after holding said hearing additional notice was sent advising that said hearing was continued to , furthermore, notice was sent advisiniz that the heariniz was continued to at which time the Council would hear further evidence for and against the conclusions of the Board; at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; that the three months t public hearing was continued for three months to , and an additional at which time the hearing was concluded; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on the termination of the hearing; NOW THEREFORE: a day which is within fifteen (15) days after BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Ordinance No. Page 3 Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that who resides at , LA PORTE, TX 77571 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said to entirely remove or demolish such building(s), and further orders the said to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within forty-five (45) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Ordinance No. Page 4 Section 8. Should the said , not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within forty-five (45) days after hereof, then the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said City shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2014. CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Ordinance No. Page 5 Clark T. Askins, Assist. City Attorney 0 L/) 0 to] c V 0 0 w tw m E fa L O N i 0 N L Q L Q L N Q 0 V 0 L 0 tw 0 _C I >. .2 U L � � � O � O L � }+ O s U i H � � rw H H -td o m *G Q p L � w Q ^ : .L Vf r Vf dA U S u w 0 i .dA w M M -0 3 Cr m O ; Q �n m M (1) M s 0 1.•, 1.•, REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' C' Other: '0 Attachments : C. Meekins Fire Marshal's Office Resolution:" 'i' Ordinance: ' q�' 1. Letter from Fire Code Review Board 2. Current Local Amendments 3. Proposed Local Amendments 4. Current Ordinance 5. Proposed Ordinance Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES SUMMARY & RECOMMENDATIONS "i' NO The Fire Marshal's Office is currently utilizing the 2003 International Fire Code with Local Amendments which was adopted by Council on February 12, 2007. The Fire Marshal's Staff began the code review based on contractors, builders and fire protection engineers expressing difficulties with certifying building design on an 1I- year old code. The Fire Marshal's staff has reviewed the 2015 International Fire Code and new code books, existing Local Amendments and proposed Local Amendments were provided to the Fire Code Review Board. The 2015 International Fire Code and Local Amendments were subsequently reviewed and discussed by the Board. At the November 12, 2014 meeting, the Board voted unanimously to recommend adoption of the 2015 International Fire Code with Local Amendments. Attached is the Board recommendation memo. The Local Amendments are changes to specific sections of the 2015 International Fire Code which are unique to the City of La Porte such as Violation Penalties, Fire Lane Marking, Fire Hydrant Installation and Plan Submittal Requirements. Although two new sections have been added addressing Plan Submittal Requirements and Fire Protection Systems, the Local Amendments generally follow past practices such as Fire Lane Marking and Fire Hydrant Installation to maintain consistency for the Fire Department apparatus placement. The implementation of this code will not impose additional requirements on existing businesses and in accordance with past practices; the ordinance was developed with a delayed implementation period to allow for notification to contractors as well as updating of divisional handouts and the website. The ordinance shall be effective sixty (60) days after its passage and approval by City Council which would be March 13, 2015. Action Required of Council: Consider approval or other action of an Ordinance adopting the 2015 International Fire Code (IFC) with Local Amendments as recommended by the Fire Code Review Board and the Fire Marshal's Office. Approved for City Council Agenda Corby D. Alexander, City Manager Date November 18, 2014 To: LaPorte City Council From: Bryan Moore, Fire Code Review Board Chairman The Fire Code Review Board met on November 12, 2014 to review the 2015 International Fire Code at the request of the Fire Marshal. At this meeting, a vote was taken to support the City of La Porte's adoption of the 2015 International Fire Code. The Fire Code Review Board members present and voting were as follows; Bryan Moore -- Yes Jim Bridge — Yes Jeff Brown — Yes Lester Clark — Yes Mark Follis — Yes Lynn Green — Yes Woodrow Sebesta -- Yes Paul Vigo — Yes Jack Oliphant — Not present Sincerely, B ° n Moore, Chairnfaff Kre Code Review Board LOCAL AMENDMENTS TO THE 2,10)J 20,15 EDITION OF THE INTERNATIONAL FIRE CODE The following represents local amendments to the 2003 Edition of the International Fire Code, adopted by the City Council of the City of La Porte on 1���12�1.111'l .1a�nua.r� 12., 201 5; in Ordinance number 13884) E. References are to additions, deletions, amendments, or replacement of 2-44 =1 201 5 Edition of the International Fire Code sections. Section numbers correspond to the numbering in the 24,41- 221 5 Edition of the International Fire Code. CHAPTER 1 ADMINISTRATION 1119;1I 1�09.4 Violation penalties. Amend by deleting this section and adding a new paragraph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable by a fine. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CHAPTER 2 DEFINITIONS 202 General Definitions. Amend paragraph [B] Educational Group E. Day Care to read as follows: The use of a building or structure, or portion thereof, for education, supervision or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. 1; .1f ➢1131 V' A 1 Add the following definition for Service: Service is the annual test, maintenance, or service defined and required by applicable fire equipment standards set forth in table 901.6.1. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection, fire alarm, or other types of emergency notification systems, shall pay a charge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions: I . No charge for the first two false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled. 405.10 False alarms. Amend by adding a new subsection 405.10 to read as follows: False alarms may not count as a fire drill for the purpose of this section. U; .I ➢] 131 V' A. 2 408-. 40a J d False alarms. Amend by adding a new subsection 44,-:. �,-§ 405.10 to read as follows: False alarms may not count as a fire drill for the purpose of this section. CHAPTER 5 FIRE SERVICE FEATURES 54)3-.7 503.3 Fire Lane Amend by adding a new subsection .;50-3_-7 503. 3 to read as follows: The Fire Marshal of the City of La Porte or designee is hereby authorized to designated fire lanes/fire zones on the property of shopping centers, nursing homes, hospitals, apartment complexes, town home complexes, schools and any other locations that he has deemed necessary to have fire lanes/fire zones. A. The designation by the Fire Marshal of such lanes/fire zones shall never be held to make the City of La Porte responsible for the maintenance of such lanes on private property, but the owner of such property shall continue to be responsible for the maintenance for such areas. B. Upon designation of such fire lane/fire zones pursuant to this code, the Fire Marshal shall give notice of such designation to the owner of such property, directing the owner to cause signs to be posted and/or curbs to be painted and/or stenciled. C. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE ZONE". The letter size should be not less than 3" in height and 1/2" in width. D. The sign shall be a metal sign of standard size, with a weather resistant white background with red letters. The mounting and height information can be obtained from the City of La Porte Public Works and/or City of La Porte Police Department. The sign shall be installed not less than every 20 feet. E. The curb shall be painted "Red" in color and/or the stenciled information, "FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored letters. The stencil should not be less than 20 feet, apart on the curb. F. It is hereby declared to be unlawful to obstruct in any manner, including parking or standing any attended or unattended vehicle in any fire lane/fire zone as defined hereof, where the signs have been erected or the curbs have been painted and stenciled including pre-existing fire lane/fire zones U;.I➢]CMV' A 3 with visibly erected signs and/or stenciled curbs reading "FIRE LANE" or "FIRE ZONE" EXCEPTIONS: 1. Any authorized emergency vehicle conducting official emergency business. 2. Any marked vehicle of the United States Postal Service officially dispatching mail or any marked vehicle of a Parcel Post Delivery Service officially dispatching Parcel Post. 3. Any armored vehicle officially dispatching or picking up currency. ) 54 3 �� �ta� l Violations Amend by adding a new subsection .;5-0-34 50.3. 7 to read as follows: It is hereby declared to be unlawful for any person, without lawful authority of the Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove any sign and/or painted curb designating a fire lane/fire zone that has been erected and/or stenciled under the term of this code. The Fire Marshal, any dully authorized representative, and/or any peace officer of the State of Texas may issue a summons or notice to appear in answer to a charge of any violation of this code. Such summons shall be issued on an official form (ticket book) acceptable to the City of La Porte. Any person found guilty of a violation of this code shall, upon conviction, be subject to a fine ranging from one dollar to two thousand dollars, as set by the City of La Porte Municipal Court. Each day the violation continues shall constitute a separate offense. No owner, manager or person in charge of any premises served by a required fire lane/fire zone shall abandon or close any such fire lane/fire zone without permission of the Fire Marshal or designee. W . _:t,4iu-u Fl w. Scclioti n-.:,tnov¢:,d and is a (.m-.w, ¢:,d u.a� &� ,r Appcndix B ��utu�V ��uVuuV uuu u�au' r tuKiui�t� UIXI-11e 11 V' 4 08-;5A 5017.5.1. Installation Amend by deleting the existing paragraph and replace with the following paragraph: All required water mains and fire hydrants shall be installed as follows: 1. Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the Fire Chief and Fire Marshal have been notified in writing that pending water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this code. 2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall be placed so that no part of any building is over 300 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or the fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the fire chief and fire marshal have been notified in writing that pending water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code. 508.5.4 Obstructions. Amend by deleting the existing paragraph and replace with the following paragraph: Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department connections, or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A 3-foot clear space shall be maintained around all fire hydrants, fire department connections, and fire protection control valves on private or public property. ('l-lAl"'1l1'llEl1Z 6 B U l 111-JI)III NGW S1lEl[ZV1l[('11B ANII) S)(S'111'11rMS 609.3.5 Nan SulllmittA Requirements . Added riew sectiori to, 20,15 Ameridgmerits CHAPTER 9 FIRE PROTECTION SYSTEMS 9011 GenerA . Added riew sectiori to, 20,15 Ameridgmerits irc�,tnov¢:,d, addircssc�,din ('(.)dc�, def-14e-4) V4)wi d4li -1 ---------- 2 ------------ 4 ----------- ----------- 6 ----------- VW-4-if-e, ()44 11 e d- o4'su01--e4 osaif-e-, ---------- Scclioti ir¢:,tnove:,d, addirc�,ssc�,din ('odc, .. aj+fw.o*4TK.i44, '7 --- ietl Sc�,clioti irc�,tnovcd, addircssc�,d in ('odc, I'Al-IlBl'I'A 6 as,-s'4-a W-es-a p?E"-i61dw eiir ne IuaP-lie-fuf(-)4 =4' d-4 rn-arr-apprwv-&d-niafu*e-r.. 903.2.2 Group E. Delete paragraph and substitute with the following: An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge. The use of fire walls does not establish a separate building for purposes of this section. Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the code. Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and installed in accordance with section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2a83 ("rou p 11.-I &11..2,,. Added tiew sous :iotl to, 20,15 Aguu~uuridguu~ tits This section comIII:)ines ("rou p R,R.-I &R-2. 903.2 " - 'wo* -R ieul uuuu �� euu� u4..u'uuupuuuue ue wi41u �veuu4�:� efuuuu_.u'uu uue u,.u� uuu�4 uuawe--auu F; .I ➢] 131 V' A 7 ,afro- 114off a ru-44r-ftL--� k)fi e�,,'- abolve-4� e-4 owe-4 ew4- o4.' rC94efi of­e*4 A rug-a.u4i)ff rpi4a Pefi-i Flr-a.ei4if-d.afi -Cie 9 irc,,tn(.)vc,,d, addirc�,ssc�,d in Rirc�, Code, 0L An. -142 ---------- irc�,tnovcd, addircssc�,d in RircCodc�, irc�,tnovc�,d, addirc�,ssc�,d in RircCode, Jol e R-oi*Tp"i --- wscqi-44 --- C- - .of-- a k e 4 eiLl i) f- - 4�u -a 4 - - --e o +T 411 y --- 4,V+44 ---- ,, e iL o f iremoved, addirc�,ssc�,d in Rirc�, Code, le+-a-od-a eile+sories7 e,4 e- of-4fii 4,ef-4-a 6k--W+44-a-eapaef 4y- n ()fu--e(*vmwfef a4 ---- fe, fue;+fn u = pf-lva4e --- +Wor�-e ()+Tmw-Fe+a e ---- A-)4 ()W+" f ref.pi we, fiw+4s -a -+vw4, -1 ----------- Phe,-4a 6k-- Hi-j4 a rA-a u rwft-f ru 4 e4af4i- a r4A-e-4a 6k-eapae4y, 2----------T1re-4a4li- if ., sc -4he-4�(Amt-oe-F4iof---a L ---ks4cqlrr- I :------ Prk-(4f +ea -�- b-ofif 14 ov _IA I A A jZ irc�,tnovcd, addir�,ssc�,d in Rirc, Code, ----------- -ppa4+Tw)sp lwfiwr 4 rullw w niay ---p--)e--iised --- wf 44 peef a efn c4ostif-e- of-4-7#re-f-ati rrp,-4-44 e-4)-Powi ---------- wi-�f kifn ,-flkl-afee- (04"we- iZLe4-4--),e,4we-en-44 e4af4i--afn d-44e-4'6+n ee,-, irc�,tnova ,d, addir�,ssc�,d in Rirc�, Code, Appendix .. Added new section to 20115 Amendments Added Appendixes to the Amendments FAHIBITA 10 LOCAL AMENDMENTS TO THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE The following represents local amendments to the 2015 Edition of the International Fire Code, adopted by the City Council of the City of La Porte on January 12, 2015; in Ordinance number 1388-E. References are to additions, deletions, amendments, or replacement of 2015 Edition of the International Fire Code sections. Section numbers correspond to the numbering in the 2015 Edition of the International Fire Code. CHAPTER 1 ADMINISTRATION 109.4 Violation penalties. Amend by deleting this section and adding a new paragraph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable by a fine. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a tine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CHAPTER 2 DEFINITIONS 202 General Definitions. Amend paragraph `BG] Educational Group E. Day Care to read as follows: The use of a building or structure, or portion thereof, for education, supervision or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. EXI-111314' A CHAPTER 4 EMERGENCY PLANNJNG AND PREPAREDNESS 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection, fire alarm, or other types of emergency notification systems, shall pay a charge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions: l . No charge for the first two false alarms within a calendar year. 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled. 405.10 False alarms. Amend by adding a new subsection 405.10 to react as follows: False alarms may not count as a fire drill for the purpose of this section. F.XH1BH A 2 CHAPTER 5 FIRE SERVICE FEATURES 503.3 Marking Ainendparagraph 503.3 Marking, to read as.follows: The Fire Marshal of the City of La Porte or designee is hereby authorized to designated fire lanes/fire zones on the property of shopping centers, nursing homes, hospitals, apartment complexes, town home complexes, schools and any other locations that he has deemed necessary to have fire lanes/fire zones. A. The designation by the Fire Marshal of such lanes/fire zones shall never be held to make the City of La Porte responsible for the maintenance of such lanes on private property, but the owner of such property shall continue to be responsible for the maintenance for such areas. B. Upon designation of such fire lane/fire zones pursuant to this code, the Fire Marshal shall give notice of such designation to the owner of such property, directing the owner to cause signs to be posted and/or curbs to be painted and/or stenciled. C. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE ZONE". The letter size should be not less than 3" in height and 1 /2" in width. D. The sign shall be a metal sign of standard size, with a weather resistant white background with red letters. The mounting and height information can be obtained from the City of La Porte Public Works and/or City of La Porte Police Department. The sign shall be installed not less than every 20 feet. E. The curb shall be painted "Red" in color and/or the stenciled information, "FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored letters. The stencil should not be less than 20 feet, apart on the curb. F. It is hereby declared to be unlawful to obstruct in any manner, including parking or standing any attended or unattended vehicle in any fire lane/fire zone as defined hereof, where the signs have been erected or the curbs have been painted and stenciled including pre-existing fire lane/fire zones with visibly erected signs and/or stenciled curbs reading "FIRE LANE" or "FIRE ZONE" EXH I IT A 3 EXCEPTIONS: 1. Any authorized emergency vehicle conducting official emergency business. 2. Any marked vehicle of the United States Postal Service officially dispatching mail or any marked vehicle of a Parcel Post Delivery Service officially dispatching Parcel Post. 3. Any armored vehicle officially dispatching or picking up currency. 503.7 Violations Amend by adding a new subsection 503.7 to read as follows: It is hereby declared to be unlawful for any person, without lawful authority of the Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove any sign and/or painted curb designating a fire lane/fire zone that has been erected and/or stenciled under the term of code. The Fire Marshal, any duly authorized representative, and/or any peace officer of the State of Texas may issue a summons or notice to appear in answer to a charge of any violation of this code. Such summons shall be issued on an official form (ticket book) acceptable to the City of LaPorte. Any person found guilty of a violation of this code shall, upon conviction, be subject to a fine ranging from one dollar to two thousand dollars, as set by the City of La Porte Municipal Court. Each day the violation continues shall constitute a separate offense. No owner, manager or person in charge of any premises served by a required fire lane/fire zone shall abandon or close any such fire lane/fire zone without permission of the Fire Marshal or designee. 507.5.1 Installation Amend by deleting the existingparagraph and replace with the following paragraph: All required water mains and fire hydrants shall be installed as follows: 1. Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. FXHTBIT A 4 EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the Fire Chief and Fire Marshal have been notified in writing that pending water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this code. 2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall be placed so that no part of any building is over 300 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or the fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the fire chief and fire marshal have been notified in writing that pending water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code. CHAPTER 6 BUILDING SERVICES AND SYSTEMS Amend by adding new subsection 609.3.5 Plan Submittal Requirements Pre -Engineered Systems - Plan submittal shall comply with the following requirements for Pre -Engineered Systems; a. Be planned by a Type PL licensee or a Texas Registered Professional Engineer. All shop drawings must bear the signature of a Type PL licensee, his license number, and the certificate -of -registration number of the registered firm or a Texas Registered Professional Engineer seal. •:' if a PE is used, the PE shall provide written documentation to this office as to his knowledge that he has reviewed the Pre -Engineered System and that the system meets all applicable City of La Porte Fire Codes and any applicable State Codes. b. Designer shall provide this office with written documentation (Certification) from the manufacturer stating you have been trained by the manufacturer and that they certify you in the Design of said equipment. EXHIBIT A 5 c. installer shall provide this office with written documentation (Certification) from the manufacturer stating you have been trained by the manufacturer and that they certify you in the Installation of said equipment CHAPTER 9 FIRE PROTECTION SYSTEMS 901 General Amend by adding new subsections 901.5.2 Required attendance for Installation acceptance testing. A person licensed through the Texas State Fire Marshal's Office to install Fire Sprinkler systems (RME-G and/or RME-U) shall be onsite during all phases of installation and during the fire Marshal's inspection. 901.5.3 Required Documentation for Installation acceptance testing. The Fire Marshal's Office approved set of Fire Sprinkler Plans, manufacture's product data sheets on all equipment being installed, and the installation permit are to be on site for all Fire Marshal's Office inspections. The On -Site Installer shall have a current State license, on his person, while on the job site. 901.5.3 Required Actions for Installation acceptance testing. The fire sprinkler piping shall not be covered up prior to the Fire Marshal's Office visual inspections of the piping. if the piping is covered, and the inspectors cannot inspect as is required by Fire Code, all of the obstructions will be required to be removed. EXHIBIT A 6 903.2.3 Group E. Delete paragraph and substitute with the following: An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge. The use of fire walls does not establish a separate building for purposes of this section. Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the code. Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and installed in accordance with section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2.8.3 Group R-1 & R-2. Add new subseetion to read as follows: An Automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.4.2 must be provided throughout all buildings with a group R-1 fire area. Group R-1 shall have 100% automatic sprinkler coverage throughout all buildings and spaces. EXHIBIT A 7 Appendix A; Board of Appeals Adopt and Delete section in its entirety and substitute with the, following: The Board of Appeals shall be governed and formed in accordance to the La Porte, Texas, Code of Ordinances, Subpart A - General Ordinances, Chapter 38 - Fire Prevention and Protection, Article V. Fire Code Review Board. Appendix B; Fire Flow Requirements for Buildings Adopt section in its entirely Appendix C; Fire Hydrant Locations and Distribution Delete section in its entirety Appendix D; Fire Apparatus Access Roads Adopt section in its entirely Appendix I; Fire Protection Systems - Noncompliant Conditions Adopt section in its entirety Appendix .I; Building Information Sign Delete section in its entirely Appendix K; Construction Requirements for Existing Ambulatory Care Facilities Adopt section in its entirety Appendix L; Requirements for Fire Fighter Air Replenishment Systems Delete section in its entirety Appendix M; High -Rise Buildings —Retroactive Automatic Sprinkler Requirement Delete section in its entirety EXH1BIT A 8 • ORDINANCE NO. 1388-D AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "STANDARDS", DIVISION 1 "GENERALLY", SECTION 38-101 "FIRE CODE ADOPTED" BY ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, TOGETHER WITH. ALL LOCAL AMENDMENTS THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 38, "Fire Prevention and Protection", Article III "Standards", • Division 1 "Generally, Section 38-101 "Fire Code Adopted", of the Code of Ordinances of the City of La Porte, is hereby amended and shall hereafter read as follows, to -wit: "Section 38-101. Fire code adopted. The International Fire Code, 2003 Edition, together with all local amendments thereto, which are all on file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein verbatim." Section 2. The City Council of the City of La Porte herby adopts local amendments to the International Fire Code, 2003 Edition, which are on file in the office of the city secretary, and, are attached hereto as Exhibit A. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. 0 • Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. This Ordinance shall be effective sixty (30) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the I9* day of Ve &rl(/ 2007. ATTEST:wil Qyl City Secretary APPROVED: //z/Z� • City Attorney CITY OF LA PORTE By: (� Mayor 2 • LOCAL AMENDMENTS TO THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE The following represents local amendments to the, 2003 Edition of the International Fire Code, adopted by the City Council of the City of La Porte on February 12, 2007; in Ordinance number 1388-D. References are to additions, deletions, amendments, or replacement of 2003 Edition of the International Fire Code sections. Section numbers correspond to the numbering in the 2003 Edition of the International Fire Code. CHAPTER 1 ADMINISTRATION 109.3 Violation penalties. Amend by deleting this section and adding a new paragraph. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, shall be guilty of a violation and punishable by a fine. Each day that a violation continues after due notice • has been served shall be deemed a separate offense. • 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and every day shall constitute a separate violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CHAPTER 2 DEFINITIONS 202 General Definitions. Amend paragraph [B] Educational Group E. Day Care to read as follows: The use of a building or structure, or portion thereof, for education, supervision or personal care services for more than five children older than 2-1/2 years of age, including children related to the staff, shall be classified as an E Occupancy. EXHIBIT A • Add the following definition for Service: Service is the annual test, maintenance, or service defined and required by applicable fire equipment standards set forth in table 901.6.1. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS 401.3.4 False Alarm Charges. Amend by adding a new subsection 401.3.4 Except as otherwise provided herein, the owner of a building containing a fire protection, fire alarm, or other types of emergency notification systems, shall pay a charge in accordance with this section for each and every false alarm to which the fire department responds. Exceptions: 1. No charge for the first two false alarms within a calendar year. • 2. Each false alarm in excess of two during a calendar year will be charged a response fee of $200.00 As used by the section, "false alarm" means an alarm signal generated by a privately owned fire or emergency alarm system reporting an alarm for which no fire or emergency actually exists; it includes system malfunctions, faulty operation of detectors, and false alarms not classified above. It does not include those incidents where the detector or system operated as designed such as but not limited to, a smoke detector sounding from someone smoking under the detector or a manual pull station being pulled. 405.10 False alarms. Amend by adding a new subsection 405.10 to read as follows: False alarms may not count as a fire drill for the purpose of this section. 0 • 408.3.5 False alarms. Amend by adding a new subsection 408.3.5 to read as follows: False alarms may not count as a fire drill for the purpose of this section. CHAPTER 5 FIRE SERVICE FEATURES 503.7 Fire Lane Amend by adding a new subsection 503.7 to read asfollows: The Fire Marshal of the City of La Porte or designee is hereby authorized to designated fire lanes/fire zones on the property of shopping centers, nursing homes, hospitals, apartment complexes, town home complexes, schools and any other locations that he has deemed necessary to have fire lanes/fire zones. A. The designation by the Fire Marshal of such lanes/fire zones shall never be held to make the City of La Porte responsible for the maintenance of such lanes on private property, but the owner of such property shall continue to be responsible for the maintenance for such areas. • B. Upon designation of such fire lane/fire zones pursuant to this code, the Fire Marshal shall give notice of such designation to the owner of such property, directing the owner to cause signs to be posted and/or curbs to be painted and/or stenciled. C. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE ZONE". The letter size should be not less than 3" in height and 1/2" in width. D. The sign shall be a metal sign of standard size, with a weather resistant white background with red letters. The mounting and height information can be obtained from the City of La Porte Public Works and/or City of La Porte Police Department. The sign shall be installed not less than every 20 feet. E. The curb shall be painted "Red" in color and/or the stenciled information, "FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored letters. The stencil should not be less than 20 feet, apart on the curb. F. It is hereby declared to be unlawful to obstruct in any manner, including parking or standing any attended or unattended vehicle in any fire lane/fire zone as defined hereof, where the signs have been erected or the curbs have been painted and stenciled including pre-existing fire lane/fire zones with visibly erected signs and/or stenciled curbs reading "FIRE LANE" or "FIRE ZONE" EXCEPTIONS: 1. Any authorized emergency vehicle conducting . official emergency business. 2. Any marked vehicle of the United States Postal Service officially dispatching mail or any marked vehicle of a Parcel Post Delivery Service officially dispatching Parcel Post. 3. Any armored vehicle officially dispatching or picking up currency. 503.8 Violations Amend by adding a new subsection 503.8 to read as follows: It is hereby declared to be unlawful for any person, without lawful authority of the Fire Marshal to attempt to or in fact alter, deface, injure; knock down, or remove any sign and/or painted curb designating a fire lane/fire zone that has been erected and/or stenciled under the term of this code. The Fire Marshal, any dully authorized representative, and/or any peace officer of the State of Texas may issue a summons or notice to appear in answer to a charge of any violation of this code. Such summons shall be issued on an official form • (ticket book) acceptable to the City of LaPorte. Any person found guilty of a violation of this code shall, upon conviction, be subject to a fine ranging from one dollar to two thousand dollars, as set by the City of La Porte Municipal Court. Each day the violation continues shall constitute a separate offense. No owner, manager or person in charge of any premises served by a required fire lane/fire zone shall abandon or close any such fire lane/fire zone without permission of the Fire Marshal or designee. 508.3 Fire Flow. Amend by deleting the existing paragraph and replace with the following paragraph: Water supplies for fire flow requirements for buildings or portions of buildings and facilities shall be calculated using the provisions of Appendix Chapter B and Table B105.1. 0 • 508.5.1 Installation Amend by deleting the existing paragraph and replace with the following paragraph: All required water mains and fire hydrants shall be installed as follows: 1. Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the Fire Chief and Fire Marshal have been notified in writing that pending water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this code. 2. Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall be placed so that no part of any building is • over 300 feet from. a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or access corridor. EXCEPTIONS: A. When in the opinion of the fire chief and fire marshal a water main and/or the fire hydrant is not necessary due to the existence of built-in fire protection system(s); or B. When the fire chief and fire marshal have been notified in writing that pending water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code. 508.5.4 Obstructions. Amend by deleting the existing paragraph and replace with the following paragraph: Posts, fences, vehicles, growth, trash, snow, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department connections, or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants. A 3-foot • clear space shall be maintained around all fire hydrants, fire department connections, and fire protection control valves on private or public property. CHAPTER 9 FIRE PROTECTION SYSTEMS • 901.4 Installation of fire protection systems. Amend by adding an exception at the end of this section. Exception: Buildings temporarily closed due to seasonal operations may have their fire systems deactivated under the following conditions: 1. Building is unoccupied. 2. Building is properly secured. 3. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. 5. A 24-hour a day fire. watch as defined in section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational. 6. The fire department must be notified of such closure. 7. A letter from the insurance carrier or, owner if self -insured, indicating knowledge of the closure is provided to the fire department. • 901.4.5 Marldng of Fire Protection Equipment. Amend by adding a new section to read as follows: Fire Department connection devices for building sprinkler systems in new and existing buildings shall be identified by the installation of approved reflective :markers or signs installed above the device in an unobstructed location at approximately 7 feet above grade. 901.9 Damage protection. Add a new subsection to read as follows: When exposed to probable vehicular damage due to proximity to alleys, driveways or parking areas, standpipes, post indicator valves and sprinkler system or standpipe system, connections shall be protected in an approved manner. 0 903.2.2 Group E. Delete paragraph and substitute with the following: An automatic sprinkler system must be provided throughout all Group E occupancies. An automatic. sprinkler system shall also be provided for every portion of educational buildings below the level of exit discharge. The use of fire walls does not establish a separate building for purposes of this section. Exceptions: 1. Buildings with E occupancies having an occupant load of 49 or less. 2. Day care uses not otherwise requiring an automatic sprinkler system by other provisions of the code. Day care uses that are licensed to care for more than 5 persons between the hours of 10 p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and installed in accordance with section 903.3.1.3 or an approved equivalent system. This includes children related to the staff. 903.2.7 Group R. Amend this section by adding an exception: Bed and breakfast occupancies with five rentable sleeping.rooms or less do not require an automatic suppression system. 903.2.7.1 Group R-1. Add new subsection to read as follows: An Automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 must be provided throughout all buildings with a group R-1 fire area. Exception: Where guest rooms are not more than three stories above the lowest level of discharge and each guestroom has at least one door leading directly to an exterior exit access that leads directly to an approved exit. • • 903.2.7.2 Group R-2. Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3.1.2 shall be provided throughout all buildings with a group R-2 fire area that are more than two stories in height, including basement, or have more than sixteen dwelling units or sleeping units. 903.2.7.3 Group R-4. Add new subsection to read as follows: An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 shall be provided throughout all buildings with a Group R4 fire area. 907.1.1 Construction Documents. Amend by adding a new item to read as follows: • 12. System riser diagram . 907.2.3 Group E. Amend this section by adding a second paragraph to read asfollows: Rooms used for sleeping or napping purposes within a day care use of Group E Occupancies must be provided with smoke detectors that comply with section 907.2.10.1.2. CHAPTER 11 AVIATION FACILITIES 1106.3 Construction of aircraft -fueling vehicles and accessories. Amend by adding an exception at the end of this section. Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non-commercial refueling of private non-commercial aircraft if the following requirements are met: 1. The tank is placarded with no smoking signs, type of fuel contained in the tank • and the tank capacity; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purposes; and 0 3. Electrical bonding is provided as required under section 1106.3.7. CHAPTER 22 MOTOR FUEL -DISPENSING FACILITIES AND REPAIR GARAGES 2206.2.3 above ground tanks located outside, above grade. Amend by adding an item five (5) at the end of this section. 5. Approved above ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met: a. Tanks must be located as required for "other tanks" by table 2206.2.3; and, b. Tanks must be enclosed by a six-foot high industrial type chain link fence with a minimum of two access gates located at opposite sides of the enclosure. Each gate must be at least at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence. 2206.7.7.1 Leak detection. • Amend by adding an exception to read. - Exception: A leak detection device is not required if the underground piping is an extra -heavy steel wall with all welded joints, dielectric coating, and cathodic protection. 0 • LA PORTE FIRE DEPARTMENT 124 South First Street LaPorte, Texas, 77571 (281) 471-3607 January 4, 2007 Honorable Mayor Alton Porter and City Council Members, The La Porte Volunteer Fire Department would like to take this opportunity to express our support for changing the City's existing 1994 Standard Fire Code, to the 2003 International Fire Code (IFC). At our October business meeting, we were presented this proposed change by Fire Marshal Cliff Meekins and our Fire Chief s Office. We discussed issues in the IFC that were beneficial not only to the developers, but to the code enforcement officials within the City of La Porte. Additionally the IFC was highly recommended by the ISO consultant we are working with and since it supports the City's International Building Code (IBC) it • just seems to make sense to have codes that are easily compatible. Not only will this improve the safety aspects of fire protection in the city, both for the citizens and our firefighters, but it should make future developments in La Porte safer and more cost efficient. Respectfully, Ronnie Thibodeaux President La Porte Volunteer Fire Department 0 • • City of ta Porte Established 1892 18 January 2007 The Honorable Alton Porter Mayor of La Porte Dear Mayor Porter, The Fire Code Review Board met on 17 January 2007 to discuss adopting an updated Fire Code which would ensure the safeguarding of life and property from fire and explosion hazards arising from the storage; handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of La Porte. After consideration and comparison of the current City of La Porte Fire Code, the 1994 Standard Fire Prevention Code with the 2003 edition of the International Fire Code, the Fire Code Review Board hereby gives its full support to the adoption of the 2003 edition of the International Fire Code with Amendments. In addition, the Fire Code Review Board would like to see the 2003 edition of the International Fire Code with Amendments be adopted as soon as practical and without delay. The Fire Code Review Board feels that with the City of La Porte having already adopted the 2003 edition of the International Building Code, the adoption of the 2003 edition of the International Fire Code with Amendments would make for a safer and more efficient permitting and inspection program by providing a cohesive combination of the Fire and Building Codes. Respectfully, ,ram Bry� oore, Chairm Fire Code Review Board 604 W. Fairmont Pkwy. . La Porte, Texas 77571 • (281) 471-5020 • • E V NATIONAL, PROPERTY HOLDINGS January 29, 2007 City of La Porte Fire Marshal's Office Attn: Clif Meekins 120 S. 2"d Street LaPorte, TX 77571 Dear Clif, Please accept this letter as a formal show of support for the transition of the Fire Marshal's office from the 1994 SBCCI Fire Code to the IFC 2003. The City of La Porte is home to one of our biggest projects, and we fully support any internal improvements the City is undertaking. Please let us know if there is anything that we may be of assistance in. We look forward to continuing the strong relationship we have built with the City. Sincerely, Russell D. Plank, V.P. National Property Holdings ORDINANCE NO. 1388-E AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "STANDARDS", DIVISION 1 "GENERALLY", SECTION 38-101 "FIRE CODE ADOPTED" BY ADOPTING THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, TOGETHER WITH ALL LOCAL AMENDMENTS THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 38, "Fire Prevention and Protection", Article III "Standards", Division 1 "Generally", Section 38-101 "Fire Code Adopted", of the Code of Ordinances of the City of La Porte, is hereby amended and shall hereafter read as follows, to -wit: Section 38-101. Fire code adopted. The International Fire Code, 2015 Edition, together with all local amendments thereto, which are all on file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by reference in this article, and made a part hereof, as fully as if copied at length herein verbatim." Section 2. The City Council of the City of La Porte herby adopts local amendments to the International Fire Code, 2015 Edition, which are on file in the office of the city secretary, and, are attached hereto as Exhibit A and incorporated by reference for all purposes. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. This Ordinance shall be effective sixty (60) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the day of CITY OF LA PORTE L-an Mayor ATTEST: City Secretary APPROVED: P a City Attorney 2015. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' C' Other: ' q�' Attachments : P. Fogarty City Secretary's Office Resolution: "'i' Ordinance: '0 1. Application and Policy 2. Committee Support Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES 0 NO SUMMARY & RECOMMENDATIONS Ordinance No. 2000-2443, adopted by the City of La Porte on October 23, 2000, approved and adopted a policy for the naming of City of La Porte facilities. This policy provides procedures, guidelines, definitions, and an Application For Naming a City of La Porte Facility. On December 17, 2014, Mary Gay, on behalf of the La Porte Community Civic Club, filed such an Application with the City Secretary to rename the North Side Park located at the corner of N. 4th and Tyler Streets, to the Martin Luther King, Jr., Park. One of the required procedures in the policy is for the standing Council Committee, consisting of the mayor and the two at -large council members, to meet to consider and make recommendations on applications. The Committee met via email in mid -December to discuss Ms. Gay's application for renaming the North Side Park. The Committee recommends Council consider renaming the North Side Park to the Martin Luther King, Jr., Park. Action Required of Council: Consider approval or other action of an Ordinance renaming the North Side Park, located at the corner of N. 4th and Tyler Streets, to the Martin Luther King, Jr., Park. Approved for City Council Agenda Corby D. Alexander, City Manager Date r W. T t , 71 a rl 1= R11.1 t 4. ro= t AU APPLICATION FOR NAMING A CITY OF LA PORTE FACUJW m 2 Mayor Louis Rigby City Council City Manager City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mayor Rigby, The La Porte Community Civic Club is interested in naming the North Side Park at the corner of North 4h and Tyler Street the Martin: Luther King, Jr. Park. The members voted unanimous to name the Park The Martin Luther King, Jr. Park. A splash pool will soon be added at the Park also restrooms, more tables and seats. The Civic Club thought it a good idea to rename the Park. The Club will need to know what it will need to do to get the name changed, will it need to have the consent of the Council or will there be other involvements or will the Citizens need to be involved other than the Civic Club members. Whatever the case the Club hopes to get ASAP answer so it can start the process. The Club is now planning for its 206U: artin Luther King, Jr. program. The members are aware it takes time for changes but would love to have this as part of the Martin Luther King, Jr. program. The program will be possibly set for Sunday, January 18th. The King Celebration is on Monday the 19th, the City, most businesses, stores and jobs will not close and for it to be possible for those wishing to attend, the Club will set the program/celebration the Sunday before the Monday, Kings Holiday. Now that's only 2 months away and with the Thanksgiving and Christmas Holiday it may not be possible to dedicate the Park but mays e h ormation about the plans to involve with the program activities. Hoping the C110WILUIt =e able to dedicate the Park. e Civic Club Charlie Perry, President 713-398-8782 Sincerely, Mary Gay, TO ' IN _Wjm ; 117 POLICYFORNAMMG To establish guidelines and procedures for the namingmunicipalr donafion of memorial tree with plaque. mittate the naming process, an application sliould be requested from and returned re to the City Secretary's Offim A set of Procedures and GuidelmeS will accompanyeach appl for B. 0standing Committee, appointed 'rt ea, by Councild composed o.,. i s ,'1, ;;,k'"m,y M from three (3) At -Imp Positions (Mayor, Position "A,," and Position "B"), will consider all applications and provide r- r r or t` r r s t on CouncilC. The r # r r, ' " vdll present their '.'r ot a,' ,., r . # e to theCouncil consider the l"B *' ofthe City facilityorp':q iA;d . i W. Generally, municipal ftilities willbe named immediately priorduring development of h YJ In r # +a # A klivi"a Mtn a a a _x or dw r.`:b A rr *: s JLw funds r,.#, N #" was —two or ! x ininfinum, of fifty percent ", 0a, ormore e 1F the total fundsnecessary ' ti constitute a ma " a, # r: r r+ slanifigp—ce. ffistorical A=arj include the names of early residents or citizens wWor events of significance development. a? a,� a'# # r -,�.,r."'....'� @MMMWIY localcommunity ra rz must have saved in an elected or appointed position of a,e City of1A Porte. ' 'x s' leaders must h ave provided outstanding permnal service, that has resulted in a significantand enduring contribution o the community R have been 1 deceased ;.#;for aminimum of five years. 4. In r#r#.; ;# r";.%•tea national or state leaders. Deceased national or state,,ers must have directly impacted 4d a' citizens •;. La Porte and have bow ra deceased o, a minimum of five (5) years. 1. p+JAti- a J9 %Ma M = ni or ` r :-(n 4 r s" . - # .9 5 &C *►+' fog= Qt��. such as streams, nveM plant species, etc Geographical and physical feaftires will include those naturally o=nTing. (Le, vegetation materials, streams, rivers, creeks, lakes or fb�rested arvasj and those man-made, (Le.,, subdivisions. streets, A i ? Gmtribution eu « 'nd1v1duaL'J selected «d§1 y© category shall have been deceased for ; » a}# < t of i<«»dvwma shallL� been i© }m� j+\\� � \\��§ . .? .. w� »?f# a<2+#v<ym><¥ % consideration of theirpositive impact On h development %� �^being of the entire community. These nominations should be v§2 2adm objectively,}}2q without \\ \consideration to illness, misfortune, or incidents creating emotional responses. «!w&\3 tv should be nominated according of same criteria. § �j Applicant Wermation Nan - Phone: : Contributions or entity has contzibuted to La Porte. You mayuseany 14 f AM : ,f n ofc"ones, as is 8PPMPfiate tD the uowe,;`Mwk to describe the cw t ivuiof re»,>e For refer to the Wocedwes and Guidelines for the Naming ofPublic Facilities. Civic Contribution From. 1SdMU DQU To, EZarty PtJ"XA subject. Re: Renaming North Side Park to Martin Luther King, Jr., Park Date, Wednesday, Ueeember 17, 2014 4:06M PM Yes please bring to council Sent from my Wad on Dec 17, 2014, at 3,19 PM, "Fogarty, Patrice" lapertetx,=> wrote: <image002.91f> Councilmember Kaminski advised she is in favor of bringing the renaming to council. Patrice Fogarty, TRMC, MMC City secretary j City of La Porte 604 W. Fairmont Parkway i La Porte, TX 77571 281-470-5019 From: Fogarty, Patrice Sent,, Wednesday, December 17, 2014 3:14 PM To: Zemanek, .John; Kaminski, Dottie; Rigby, Louis Cc: CSo - Staff; Alexander, Corby subject: Renaming North Side park to Martin Luther King, Jr., Park Mayor Rigby, Councilmember Zemanek and Councilmember Kaminski: Mrs. Gay has flied an Application for Naming a City of La Porte Facility to rename the North Side Park to Martin Luther King, Jr,, Park. The next step is for the Naming Committee, consisting of the mayor and the 2 at large council members, to meet to discuss this and recommend whether to take the application to the full council. Mayor Rigby said meeting via email is fine with him. Attached is the application and Mrs. Gay's letter. Please let me know if you wish to take the next step, which would be for staff to add it to an agenda for a vote from the full council. Thank you very much. Patrice Fogarty, TRMC, MNIC City Secretary ! City of La Porte 604 W. Fairmont Parkway i La Porte, TX 77571 291-470-5019 From: RQW, lnui5. To: Foaam P, ..__2 _teice Subject. Re: Renaming North side Park Data: Thursday, December IB, 2014 8:1Z:88 AM I am good with it Sent from my Wad On Dec 18, 20141 at 7:38 AM, Fogarty, Patrice wrote: <image001.gif> Mayor — are you good to go with Mary Gays request to rename the North Side Park? I'm working on the agenda request and need to hear from you as a member of the standing committee. I've heard from both at large councilmembers. They are in favor of taking it to council with a recommendation of renaming it. Patrice Fogarty, TRMC, MMC City Secretary j City of La Porte 604 W. Fairmont Parkway I La Porte, TX 77571 281-470.5019 From: JQhn 7&manek To: Foaariv.P� r1.0 : 7emanek. Jahn.; KWJatd. Env Cis; RicW Lo€tis Cc: mow. staff; LV-d o 5t16Ject: RE: Renaming North Side Park to Martin Luther King, Jr., Park Date: Wednesday, December 17, 2014 3:3T31 PM I am in approval of sending this to caUncH, Regards, John Zemanek Zemanek Marine Services, Inc. PO Box 1744 La Porte, TX 77572 (281) 471-5100 — office (281) 471-5102 — fax (281) 960-6858 — mobile wv��±v.' e ar'ii �e.cnm From: Fogarty, Patrice [maiita FogartyP@iaportet<.gov] Sent: Wednesday, December 17, 2014 3:14 PM To; Zemanek, John; Kaminski, Dottie; Rigby, Louis Cc: CSo - staff, Alexander, Corby Subject: Renaming North Side Park to Martin Luther King, Jr., Park Mayor Rigby, councilmember Zemanek and Councilmember Kaminski: Mrs. Gay has filed an Application for Naming a City of La Porte Facility to rename the North Side Park to Martin Luther King, Jr., Park. The next step is for the Naming Committee, consisting of the mayor and the 2 at large council members, to meet to discuss this and recommend whether to take the application to the full council. Mayor Rigby said meeting via email is fine with him. Attached is the application and Mrs. Gay's letter. Please let me know if you wish to take the next step, which would be for staff to add it to an agenda for a vote from the full council. Thank you very much. Patrice Fogarty, TRMC, MMC City Secretary I City of La Porte 604 W. Fairmont Parkway j La Porte, TX 77571 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' q�' Other: '0 Attachments : Mayor Louis R. Rigby City Council Resolution: "'i' Ordinance: '0 1. 2015 IFDS Blind Sailing World Championshipt PowerPoint Source of Funds: Hotel Motel Fund Account Number: Amount Budgeted: 037-6063-565-60-15 $0 Amount Requested: $25,000.00 Budgeted Item: 01 YES NO SUMMARY & RECOMMENDATIONS The Houston Yacht Club is requesting a $25,000 commitment from the City of La Porte to be the lead sponsors on the 2015 International Federation of Disabled Sailors Blind Sailing World Championship in November of 2015. The event will span 9 days and bring over30 teams from all over the world including New Zealand, Great Britain and Japan. This commitment will have specific benefits for La Porte: Guarantee the Houston Yacht Clubs ability to move forward with bringing the championship to the club. The sponsorship would guarantee La Porte as the host for the hotel stays, which will equate to approximately 900 room nights for the City. The needed 100 rooms for those nine days will be split between 2 to 3 of the City's hotels that best meet the needs for IFDS members and specific dis ability. It will also guarantee the City's logo is placed prominently on sails in each of the three race classes, high visibility at the Yacht Club, inclusion in the opening and closing ceremonies, stops on their shuttle circuit for meals, and mention in all media outreach and coverage. The proposed funding for this sponsorship would be paid out of the Hotel Motel funds. These funds are designated by law to be used only in ways that can promote hotel stays in the City. Representatives from the Houston Yacht Club, Dave Atkinson and his wife, an IFDS member and blind sailor, will be joining us to present the information to Council. Staff recommends funding this sponsorship, which gives the City an opportunity to support an incredible organization and its members as well as provide the City with great media exposure to showcase the City's hotels, shopping, and dining options. Action Required of Council: 1. Consider approval or other action of $25,000 sponsorship of the 2015 International Federation of Disabled Sailors Blind Sailing World Championship. 2. Consider approval or other action to include the funds in the City's quarterly FY 2015 Budget Amendment. Approved for City Council Agenda Corby D. Alexander, City Manager Date Z3 L.L Lli r-I O N ■ a; C 'Co C: U E ca O O ca U O N i O _ Q UD Ln N > N � E aA rq O N ' � • O � U � ate--+ ate-+ N N O O— � . 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U REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' q�' Other:' C' Attachments : E. Ensey Planning & Development Resolution:" C' Ordinance: ' C' 1. Zoning and Area Map 2. Legacy at La Porte Brochure Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES 0 NO SUMMARY & RECOMMENDATIONS The Planning and Development Department received an inquiry from The Brownstone Group (TBG) on a possible Class A, market rate multifamily development. The site TBG is inquiring about is a 7 acre tract of land located at the southwest corner of Underwood Road and Canif£ The subject parcel of land is zoned PUD, Planned Unit Development. The proposed Legacy at La Porte developer claims this development would provide a Class -A rental product not currently available within the La Porte Market with an average rent of $1.27 per square foot. It would include a total of 144 units on 7 acres, representing a density of 20.5 units per acre. This density is greater than the code allowance of 14 units per acre. Additionally, there is an existing multifamily development east of this site across Underwood, which is within the code separation requirement of 1,000 feet. The proposal includes both townhome and residential apartments including one, two and three bedroom units, some with attached garages. The Legacy at La Porte Brochure included with this agenda item was prepared by the applicant and contains more detailed information about the proposed project. The Brownstone Group is presenting this proposal as a discussion with the City Council prior to expending significant funds and while the property is under contract in order to gauge whether or not there is interest in or objection to the project. Based on the information provided at this time, there would need to be waivers approved on density and proximity to existing multifamily development as part of the Special Conditional Use Permit process as well as the ZBOA. Action Required of Council: Provide input to developer regarding whether or not there is interest in or objection to the proposed Legacy at La Porte multifamily development. Approved for City Council Agenda Corby D. Alexander, City Manager Date N AREA MAP + ZONING WE S O//� " EXECUTIVE SUMMARY The Legacy at La (Pbrte ("Legacy') wiffbe a Class -A townhome andresidentiafapartment community that provides 144 new luxury units to the City of La Torte. While offering a wide range of residential options — including one, two, and three bedroom floorplans, some with attachedgarages — the interiorfeatures andexterioramenities willremain top-notch and exceed similar existing Class,4 communities in the market. 'he Legacy has been designed to resemble a village of homes, while additionally blending the garden -style -apartment model to accommodate the increasing multi family market demand in La Torte. Situated on approximately seven acres of landnear the corner of vnderwood Road and TFairmont Tarkway, the Legacy development will serve the increasing oil, gas, andpetrochemicaljobgrowth andeconomic e.Npansion that is impacting the nearby ship channel. Yoreover, this new community will provide luxury apartment options for nearby college students and attract local business executives and working residents in the La Torte vicinity. At Legacy, the interiors willfeature luxury kitchens with designer cabine ts, stainless steel appliances, fauxwoodfloors, carpeted bedrooms, ceramic tile bathrooms, crown molding, granite countertops, full size washers and dryers, and open living areas. Other distinctive features will include pantries, large walk in closets, garden size tubs with enclosed shower areas, deskalcoves in select units, and lovely balconies and patios with convenient outside storage. 'lie exteriorof Legacy willinclude a pleasurable design of stone, stucco, and cementitious siding construction on two and three story buildings. 'hese attractive Class -A buildings will provide a comfortable residential feel, while additionally buffering existing single family homes with a heavy use of pleasing landscaping around the perimeter. The clubhouse will feature a community fireplace, billiards room, fitness center, and Wi-Ei lounge with a business center. Sociable outdoor grilling options are present, along with the Legacy's resort style swimming poolandhot tub. E-Vpected to exceed $15 million dollars in development costs at approximately $107, 000 per unit, 'he Legacy at La Torte will benefit from the (Brownstone Companies' experience and expertise in developing and constructing quality residential apartment communities. With successful existing developments in 9fouston, Tearland, Laredo, (Bryan/College Station, andmultiple other areas throughout'exas and the neighboring Gulf Coast States, the (Brownstone Companies willdeliver a quality product to the City of La Torte. DEVELOPER EXPERIENCE m Since 2005, the brownstone companies Have contracted for more tFian $330 miffon doffars worth of residential devefopments throughout 7e.�as and the Southeast, consisting of 35 devefopments surpassing 4, 000 units. st("-")ne 4 Wwm L. Brawn was born and raised in Yidland, Togs. ife graduatedfrom'Yidlandifigh Schoof, received his (Bachelor of Arts Degree in Architecture from the � 'University of Arizona in 1966, and his Yasters of Architecturefrom Rice 'University in 1967. In 1971 Wiffam L. gown ((Bifo formed his first real estate company. Over the past 40 years (Bill's affiliated companies have planned, developed and constructed over 11, 000 housing units. Yr gown's combined e.Npertise as an architect, planner and builder has created a pleasurable blending of architectural design, sensible land planning, landscaping, and utilization' and preservation Of natural environments. St(""-)"ne 7edA. Brown joined the (Brownstone companies in ,dune of 2007 after working for a mked--use development company in Laredo, Togs for nearly 15 years. ,fed offices in Laredo, and spends much of his time overseeing projects throughout centralandsouth Tpgs. 9fis focus is on site development Cl planningforsingle andmulti family residentialalong with commercialdevelopment. Jedhas taken the leadfor (Brownstone on abatement and demolition projects as well as (Brownstone's marketing and publu relations. Jed received his (Bachelor ofArts in Yarketing from the 'University of Togs atAustin in 1991. Yfe completedgraduate business school level courses in marketing, management d and finance at Laredo State'University (now known as TpgsUZtl International 'University)- during 1991 and 1992 before entering the workforce on a fulGtime basis in 1993. A veteran in real H estate development and construction, prior to joining (Brownstone Jed was the pro commerciafoffices, industrial warehouses on over a dozen subdivisions including hu 9fe was also the Of acres and Cots. (DoakO. Broun joined the (Brownstone team on a full time basis in 2009. 9fe is responsible for legal, development and finance matters for the (Brownstone companies. Doak came to the n (Brownstone companies from the law firm of Campbell c� ftgs, St(""-)"ne 'WC. Brown brings his expertise in construction management to the (Brownstone Group. Wil earned his (Bachelor of Science in Construction Science from Tpgs,4 dni university in 2000. Wil spent four years working with national development companies that specialized in multi family housing. During those years, he supervised the construction of over 1, 000 units, and managed all aspects of the construction process. In 2005, Wil joined (Brownstone with the goal of merging his construction knowledge with the skills and experience of his partners. Wil's acumen in the construction industry has served (Brownstone well and he has supervised the construction of over 21 projects. While Wifisincreasingly involved in the development aspects of (Brownstone's multi- family business, he continues to focus his skillandenergy primarily on maintaining the construction excellence that others have come to expect from (Brownstone. Jeremy Mears brings more than 17 years of successful real estate, construction, and development experience to the (Brownstone companies. In 1996, Jeremy earned his (Bachelor of Science in Construction from the 'University of Louisiana at Yonroe. Jeremy spent the first eight years of his career working with national luxury multi- family developers throughout Dallas, Austin, and San Antonio. During these years Jeremy specialized in Construction Yanagement and Estimating for over 3, 000 apartment units. In 2004, Jeremy startedhis own company called�llears Development. `this company worked in the development and construction of new communities, and d also the rehabilitation of existing apartment communities throughout Texas. In 2006, he joined forces with the (Brownstone companies to focus on townhome and single- family developments in San Antonio. Decently, Jeremy opened an office for the 11rownstone companies in Yonroe, Louisiana to focus on multi family development and construction in Louisiana, Yississippi and other nearby states. `This office will' be focusing on market rate multi family developments and affordable multi family developments financed 6v housina tax credits and historic tax credits. St(""-)"ne 1-in Leslie 9foffv= is an independent consultant specializing in the development andfinancing of multi family housing. Lesle handles development including but allfacets of financing, not limited to project feasibility analysis, budget preparation, interface debt draw with and equity partners, administration n l7 CJ and partnership accounting services. Prior to her consulting career, she worked in the banking industry for 15 years and also with the Texas Department of ifousing and Community Affairs as the Yanager of Deal Estate Analysis. `From 1997 to the present, Leslie has assistedin securing financing forover forty developments. Residential Communities Since,2005 VNMERC0N57RVC7r0N ECm Street Village (34'Units) TaCCulah, GA River cBankViClage (152'Units) Laredo, TX Canton Village (80'Units) Canton, TX CihoCo Crossing (236'Units) Laredo, TX Austin Village (30'Units) cBastrop, GA La Esperanza Def Rio (60'Units)Rio Grande City, TX M DEGrELOMEOINT Preston Apartments (40'Units) 9[agnofi a, Ali, Sunset Terrace Senior Village (80'Units) Pharr, TX La Esperanza DeCACton (80'Units)ACton, TX 9Ladison Oaks (60'Units)'Wnnshoro, TX COWTLEraiD San Diego CreekApartments (72'Units)ACue, TX San CGahrwfSenior Village (100'Units) Georgetown, TX Easterling Village (48'Units)ACue, TX Thomas T(inke Senior Village (80'Units) Victoria, TX lRetama Village (128'Units) 9W,4fCen, TX GuCfhreeze Plaza ZZ (148'Units) Port Arthur, TX AuehonnetSenior Village (36'Units)Alamo, TX lRetama Village Phase ZZ (74'Units) 9W afCen, TX Sunset Terrace (100'Units) Pharr, TX Cuffs Landing Senior Village (144'Units) Round Rock TX GuCfhreeze Plaza 1(86'Units) lnortArthur, TX Creekside Villas (144'Units) ftda, TX Villas at cBeaumont (36'Units) 9W,4fCen, TX TearCandSenior Village (126'Units) TearCand,, TX Tarkview Terrace (100'Units) Pharr, TX 9feights at CorraC(80'Units) XingsviCCe, TX cBelmont Senior Village (192'Units) Leander, TX Citrus Gardens (148'Units) cBrownsviCCe, TX Casa Ricardo (60'Units) XingsviCCe, TX SYLerrit Lakeside (176'Units) Schertz, TX Shiloh Crossing (156'Units) Laredo, TX cBraehurn Village (140'Units) 9fouston, TX Gary Street Village (35'Units) Winnsboro, GA Aeofi an SeniorApartments (60'Units) Vicksburg, X5 AoomsApartments (30'Units)TaCCulah, GA The Reserve at Traditions (240'Units) cBryan, TX SYLerritt Legacy (208'Units) Leander, TX Carr CentraCApartments (72'Units) Vicksburg, X5 GuCf CoastArms (160'Units) 9fouston, TX e 0 rs I-ntenors I-ntenors I-ntenors I-ntenors I-ntenors I-ntenors PROPERTY DESCRIPTION a LOCATION Location: The site is located in western La Torte near the northwest corner of 'UnderwoodRoad and West `Fairmont Tarkway. Vnits: 144 Total 'Units Parce[Size: 7Acres Density: 20.5'Units per,4cre (higher density -build to accommodate economies of scale Stories: Two- andlThree-Story woodframe construction Park*- 314 surface spaces (2.18 per unit) Vnit Mi-%- 72 one bedroom / one bath units 64 two bedroom / two bath units 8 three bedroom / two bath units ,average 898 square feet Vnit Size: (50.0%) (44.4%) (5.6%) VnnitAmenities CommunityAmenities: • 13,�13 Ceramic Tile `Flooring in (Bathrooms • 2 Inch Wooden Yini Minds • (Balcony/Tatio with Storage • (BrushedNickelTlumbing Ektures • Carpeted Flooring in (Bedrooms • Ceiling `Fans • Ceramic Tile • Desk • Espresso Cabinetry • TFau,Wood Flooring inACCAreas/.TleutralCarpet in (Bedrooms • Garage/Carport • Granite Countertops • Yicrowave • Tantry • refrigerator with Ice Yaker • Spectacular Views • Stainless SteelAppCzances • Two -Tone Taint • Washer/Ioryer in ACl owes • 24-Yfour Emergency Yaintenance • Corporate YfousingAvailable • Gorgeous Clubhouse TFeaturing: EFireplace, (Biffards room, `Fitness Center, and Wi-Ti Loung%usiness Center • Gorgeous YfillCountry Landscaping andAtmosphere • Outdoor GrillingArea With EFireplace and Flat Screen Tv • Tet Friendly • (P'rofessionalOn-Site Yanagement • resort Style TOOL With Wifi DEVELOPMENT SITE PLAN zo Lff a6 a w Ecl QLO —1— nnnni, nnnni r61 — l — zo O CQ� Q � Q o Q w w c n Unit Square Footage Calculations: TYPE NO. NET AREA TOTAL NET AREA GROSS AREA TOTAL GROSS AREA A 1 BR / 1 BA 36 665 S.F. 23,940 S.F. 739 S.F. 26,604 S.F. B 1 BR / 1 BA 24 770 S.F. 18,480 S.F. 868 S.F. 20,832 S.F. C-d n 1 BR / 1 BA / 1 CP 6 801 S.F. 4,806 S.F. 867 S.F. 5,202 S.F. C-up 1 BR / 1 BA / 1 CP 6 853 S.F. 5,118 S.F. 919 S.F. 5,514 S.F. D 2 BR / 2 BA 24 997 S.F. 23,928 S.F. 1,061 S.F. 25,464 S.F. E 2 BR / 2 BA 36 1,037 S.F. 37,332 S.F. 1,123 S.F. 40,428 S.F. F 2 BR / 2 BA/ 1 Garage 4 1,177 S.F. 4,708 S.F. 1,557 S.F. 6,228 S.F. G-Gin 3 BR / 2 BA/ 2 Garage 4 1,334 S.F. 5,336 S.F. 1,863 S.F. 7,452 S.F. G-Up 1 3 BR / 2 BA/ 2 Garage 2 1,411 S.F. 2,822 S.F. 1,972 S.F. 3,944 S.F. G-Up2 3 BR / 2 BA/ 2 Garage 2 1,411 S.F. 2,822 S.F. 2,015 S.F. 4,030 S.F. TOTAL 144 COMMUNITY BUILDING 129,292 S.F. BUILDING IMPROVEMENT SQUARE FOOTAGE TABULATION 145,698 S.F. BLDG IDENTIFICATION (Bldg Type) BUILDING DESCRIPTION # OF UNITS BUILDING UNIT MIX ((#) Type) BLDG NEST BLDG GSF # OF BUILDINGS TOTAL NEST TOTAL GSF Residential Building Type 1 3-Story Walk-up Apartment 20 (12) A, (8) B 14,140 15,812 3 42,420 47,436 Residential Building Type 2 3-Story Walk-up Apartment 20 (12) E, (8) D 20,420 21,964 3 61,260 65,892 Residential Building Type 3 2-Story Walk-up Apartment 12 (6) C, (4) G, (2) F 12,806 16,185 2 25,612 32,370 Clubhouse 1-Story Clubhouse 1 Building Type I 7,538 s.f. Total Slab Building Type II C9,998 s.f. Total Slab Building Type III 8,589 s.f. Total Slab DEVELOPMENT FINANCIAL INFORMATION UNIT MIX Legacy at La Porte ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... La Porte, Texas � �/t �/t5f �/f. �/t5�' 5% 51f+:. /t lisi$�!+'..:�M2f� XnS� ;;.x;X,it�..'i /t. /f '. /t XnS� ;;.x;X�f�h'i /t /f XnS� ;;.x;X�f�h'i /f .,5' /t 5/f //5X, x f snS�h'f�,�f�h�;Ask ,.$,� F#.. ,.$,,,R ,.$,,,#.. ,.$,,,R ,.$,,,R ,.$,,,R ,.Y„�.", , 1 X.. /t5�' ,.$,,,Y„✓ vk.'i X,it�:f� f %`//5X r4Zf� X,it�:f� f ,.$� r yRt�•,��P,Xk ,.$� yRt�Xk •,/f /t5;,. ,.$,� � : r424AXN ��Ab SRI BA Type N umber J Total Sf I Unit Net Rentable SF Rent IPer Unit Rent I SF Total I M a Annual 1 B 11 BA A 36 25%4 665 23,940 875 1.32 31,500 378,000 1 B 11 BA B 24 17% 770 18,480 975 1.27 23,400 280,800 1 B 11 BA C-dn 6 4% 801 4,806 1,050 1.31 6,300 75,600 1 B / 1 BA C-up 6 4% 853 5,118 1,050 1.23 6,300 75,600 2B / 2BA D 24 17% 997 23,928 1,250 1.25 30,000 360,000 2B / 2BA E 36 25% 1037 37,332 1,300 1.25 46,800 561,600 2B / 2BA F-Gar 4 3% 1177 4,708 1,500 1.27 6,000 72,000 3B / 2BA G-Gar-dn 4 3% 1334 5,336 1,700 1.27 6,800 81,600 3B12BA G-Gar 4 3%A 1411 5,644 1,750 1.24 7,000 84,000 "" / 144 100�/0 898 129,292 / /'% $ 164,100 $ 1,969,200 ,;' ,, /i///////r i 11111�11/1111 FIN PIP/ Inv r V rr F T ml ws� 0 I, 651 11,, 1 rid , ;Q "Custon, Pt""", C,A, (7 13),,432-47;7`7 6Ace (71,9) 432-0120 1 fax REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 12, 2015 Appropriation Requested By Department: Report: ' q�' Other: '0 Attachments : D. Mick Public Works Resolution: "'i' Ordinance: '0 1. City Ordinance Section 74-206. Surcharge Formula 2. Surcharge Snapshot Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: 0 YES 0 NO SUMMARY & RECOMMENDATIONS Public Works staff presented an overview of the City's industrial waste inspection program including industrial/commercial discharges to the City sanitary sewer system at the November 10, 2014 City council meeting. The discussion primarily centered on the consideration of restaurants. City Council's direction was for staff to recommend changes to the surcharge formula provided in City Ordinance Sec. 74-206 with the effect of lowering the surcharge costs. Subsequent to the meeting staff received further requests from council members to a) consider City staff coordinating the effluent sampling for the commercial establishments (the businesses that are currently responsible for sampling and providing test results), and b) consider testing the restaurant effluent more often. Surcharge Fee: The attached spreadsheet provides an updated snap shot of the current surcharge fees by facility compared with a 50% reduction in the surcharge rates for restaurants/food processing establishments. The 50% would be achieved by reducing the operation/maintenance factor (cost to operate the treatment plant per 1000 gallons treated) from the currently calculated $1.286 to a fixed value arbitrarily set to $0.640. Because the sewage collection and treatment systems are particularly sensitive to compounds that might be released from the SIU facilities, staff is not proposing to modify the current surcharge formulas for the SIU facilities. City Coordinating Testing: There is benefit for both the City (improved quality control) and the restaurants (convenience and decreased cost) for the City to coordinate sampling and testing for the food establishments. This does come with some increased administrative responsibilities for the City. The best information available to staff suggests that the restaurants are paying between $150 and $300 annually for effluent monitoring. Currently the permit fee for restaurants is $25/3-years. Cost of permit plus testing over a 3-year period then is estimated to range from $475 to $925. Staff may be able to contract the testing for $60 to $100 per test plus a roughly estimated 60 to 80 hours additional City administration time per year ($1,500 to $2,000/year). Testing Frequency: Quality control of the testing would be improved and more consistent with the City coordinating the sampling and testing on behalf of the restaurants. In most instances, testing once a year is adequate in staff s opinion. Staff will continue test more frequently if requested by the restaurant management (the facility would pay for the additional testing) or if otherwise determined necessary on a case -by -case basis. Significant Indus trial Users (SIU's): In terms of program cost per facility, the cost of the 4 SIU's (tank wash facilities) greatly exceeds the fees paid into the utility fund for their permits surcharges. The current permit fee is $25/year for each facility. Although these locations are high volume discharges, the surcharges collected from this group total around $3,000/year because of their advanced pretreatment systems. Total program cost for this group is estimated at $20,000/year including staff time, tests, additional reporting and audit requirements from the state associated with the SIU's. Other Considerations: . The SIU portion of the program is mandated by TCEQ. . Municipal programs to control FOG (fats, oil, and grease) are much more closely watched now by TCEQ and the USEPA when evaluating SSO (sanitary sewer overflows) reports. . The City is operating under an SSO agreement with TCEQ currently. Any future agreements are likely to include mandated FOG programs. . The benefits of the current program: o Surcharge fees are performance and consumption based. o Rather than the City mandating certain equipment that may not be necessary in every instance, the restaurants can evaluate the surcharge cost compared to the cost of equipment/plumbing upgrades. o Types, processes and equipment vary greatly among the food establishments. Some business owners rent their facilities, there are occasional -use operations (specialty catering weekend barbecue). The performance/consumption based model works in a wide variety circumstances. o The surcharge fees aid the education components of the program and encourage best management practices. o The longest tenured utility employees indicate that the program has been effective in reducing grease and dry -weather sewer overflows near commercial areas. . The program cost is approximately $95,000/year. (Increases to $105,000/year with the City coordinating effluent testing for restaurants and contracting tests.) . Permit fees generate $1,400/year. Surcharge fees generate approximately $85,000. (Decreases to roughly $44,000/year with 50% decrease in surcharge fees to restaurants). Action Required of Council: Receive update from staff and provide direction. Approved for City Council Agenda Corby D. Alexander, City Manager Date § 74-197 LA PORTE CODE (b) Sampling of effluent or discharge may be accomplished manually, or by the use of mechanical equipment, to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at such intervals as to establish the BOD and total suspended solids of the industrial waste for billing purposes, as determined by the City as necessary to maintain a control over the discharges from the permittee. Additionally, such grab composite samples as deemed necessary by the city shall be taken at such intervals as to establish the concentrations of prohibited discharges and pretreatment standards as specified in this article. The method used in the examination of all industrial wastes to determine BOD and TSS shall be defined in 40 CFR Part 136. (Ord. No. 2011-3357, § 1, 6-13-2011) Sees. 74-1.98---74-205. Reserved. DIVISION 15, INDUSTRIAL COST RECOVERY SURCHARGE Sec. 74-206. Industrial cost recovery. Apermittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a TSS content of greater than 300 mg/l, or both, and meet all other applicable requirements, including those established under this article, may be accepted for waste water disposal provided that; (1) The wastes will not cause damage to the collection system; (2) The wastes will not impair the treatment process. (3) The discharger of the waste enters into a contractual agreement with the CA, via their wastewater discharge permit, providing for a surcharge over and beyond the normal sewer rate. The industrial waste surcharge for industrial discharge is to be calculated as follows: IWS = (BOD/ f TSS/300 x (O & M x (VOL); 250 cost) IWS = represents industrial waste surcharge in dollars; BOD = represents the biochemical oxygen demand in milligram per liter (mg/1). Note: Concentration less than or equal to 250 mg/1 will be considered a value of zero, TSS = represents total suspended solids or suspended solids in milligram per liter (mg/1) Note: Concentration less than zero or equal to 300 mg/l will be considered a value of zero. Supp. No. 29 CD74:46 UTILITIES § 74-220 O&M = Cost represents operation and maintenance cost of POTW wastewater treatment facility. Note: This cost is determined and updated by the city periodically. VOL = represents volume discharged in thousands of gallons. The volume of waste shall be determined by the same methods used to calculate the normal sewer service charge, or by a sewage flow meter that has been approved by the director and purchased, installed, and maintained by the permittee. All flow rates, BOD, total suspended solids and O & M values used in the determina- tion of the industrial waste surcharge shall be reevaluated at least on an annual basis. (4) The industrial waste surcharges provided for in this article shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the sewer charges of the permittee become due and payment for sewer services shall not be accepted without payment also of industrial waste surcharges. (Ord. No. 2011-3357, § 1, 6-13-2011) Sees. 74-207-74-2I0. Reserved. DIVISION 16. MISCELLANEOUS PROVISIONS Sec. 74-211. Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the industrial waste pretreatment program, which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications; (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing an IU's discharge, and reviewing monitoring reports submit- ted by IUs; (3) Fees for reviewing construction plans and responding to accidental discharges; (4) Fees for filing appeals; (5) Other fees as the city may deem necessary to carry out the requirements of its' industrial waste pretreatment program. These fees related solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the city. (Ord. No. 2011-3357, § 1, 6-13-2011) Secs. 74-212-74-220. Reserved. Supp. No. 29 CD74:46.1 O&M Factor 1.28609 `o Ave monthly BOO TSS Water charge 0.64000 charge @ 0.64 O&M Facility Quiznos 878 0 7.287 32.91 16.38 Bullrltos 548 0 28.116 79.26 39.44 Morning's Kolaches 884 11 0 14.058 63.93 31.81 Donut Hole 2325 0 6.279 75.11 37.37 Casa Anita's 901 604.1 17.000 122.82 61.12 Dawn Donuts 1616 0 8.500 70.66 35.16 Subway 396 0 8.500 17.31 8.62 Kroger Bakery -East GT B Kroger Meat -West GT A 606 747 0 0 33.424 33.424 104.20 128.44 51.85 63.92 Las Hadas 948 475 19.550 135.15 67.26 Papa John's 520 366 7.732 32.82 16.33 Amlani Enterprises 1 Burritos Express #1 630 0 6.216 20.15 10.02 Antonio's 1133 0 71.074 414.26 206.16 Asian Wok 1557 0 21.250 170.21 84.70 Baytown Seafood 0 339.9 23.641 34.45 17.15 Broadway Cafe - Ogarrio 0 1040 12.793 57.04 28.38 Burger King 1150 0 18.573 109.87 54.68 Carl's Jr 700 306 45.953 225.76 112.35 Chi Ii's #1414 663 0 102.000 347.89 173.12 Chinese Wok 395 0 37.315 75.82 37.73 Dairy Queen 3a5 0 26.796 53.07 26.41 Denny's Restaurant 1351 317 87.603 727.89 362.22 El Ranchero 1130 0 13.462 78.26 38.94 El Toro 1430 0 42.436 312.18 155.35 Gringo's Restaurant 1287 0 123.601 818.33 407.23 Jack in the Box #3693 (146) 362 0 12.3 22.99 11.44 Jack in the Box #4733 (Fmt) 1302 0 31.663 212.08 106.53 Jack's Supermarket 924 0 8.794 41.80 20.80 KFCIPizza Hut 936 0 25.309 121.86 60.64 NOTE: Where a result is listed as "0" it indicates that the BOD was below 250 and/or the TSS was below 300 O&M Factor 1.28609 Ho Ave monthly SOD TSS Water charge 0.64000 charge @ 0.64 O&M Facility King's BBQ 2922 430.8 29.750 502.14 249.88 La Porte Care Center 626 0 25.925 83.49 41.55 Le Chi Bakery 414 0 37.556 79.99 39.80 Lion King Trucking 653 0 34.701 116.57 68.01 Main 101 931 0 22.844 109.41 54.44 Mainly Drinks 299 0 19.260 29.62 14.74 Mamma Mia's 1635 1032 24.091 309.22 153.88 McDonald's 656 352 43.350 21171 105.35 Mesquite Grill - Taqueria NL (Valero) 1765 1825 7.146 120.79 60.11 NuQT 387 0 10.375 20.65 10.28 Parson's House 815 328 55.20 309.03 153.79 Pizza Nut 600 0 23.343 72.06 35.86 Popeyes 635 0 42266 138.07 68.71 Port Cafe 1640 385 27.583 278.23 138.46 Power Mart #14 -Taco Bravo 735 0 9.591 36.26 18.05 Sens Food Mart (Valero) 0 306 15.520 20.36 10.13 Shipley Donuts 3996 0 8.447 173.64 86.41 Sonic Drive #3379 3430 454 16.533 323.89 161.18 Southern Kountry Kitchen 1579 408 66.052 652.07 324.49 Super Deli 1314 892 10.402 110.09 54.78 Taco Bell 743 0 23.534 89.96 44.76 Tony's - Texas Grill 164 110 24.161 0.00 0.00 Tortilla's 1863 0 30.189 289.33 143.98 Triangulo Meat Market 2817 440 16.171 264.85 131.80 Village In Pizza and Seafood 507 0 7.172 18.71 9.31 Waffle House #1207 1000 0.0 26.488 136.26 67.81 Whataburger ##513 1190 448 35.063 281.99 140.32 NOTE. Where a result is listed as "0" it indicates that the BOD was below 250 and/or the TSS was below 300 Council Agenda Item January 12, 2014 9. (a) Receive report of La Porte Development Corporation Board — Councilmember Engelken *********************************************************************************** Council Agenda Item January 12, 2015 10. ADMINISTRATIVE REPORTS City Council Meeting, Monday, January 26, 2015 Fiscal Affairs Committee Meeting, Monday, January 26, 2015 11. 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 Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Earp, Clausen and Mayor Rigby 12. ADJOURN