HomeMy WebLinkAbout02-27-17 Regular Meeting of the La Porte City Council
LOUIS R. RIGBYCHUCK ENGELKENCHUCK ENGELKEN
MayorCouncilmember District 2Councilmember District 2
JOHN ZEMANEKDARYL LEONARD
Councilmember At Large ACouncilmember At Large ACouncilmember District 3Councilmember District 3
DOTTIE KAMINSKIDOTTIE KAMINSKIKRISTIN MARTIN
Councilmember At Large BCouncilmember At Large BCouncilmember District 4Councilmember District 4
DANNY EARPJAY MARTIN
Mayor Pro-TemCouncilmember District 5Councilmember District 5
Councilmember District 1Councilmember District 1 MIKE CLAUSEN
Councilmember District 6Councilmember District 6
CITY COUNCIL MEETING AGENDACITY COUNCIL MEETING AGENDA
Notice is hereby given of a Regular Meeting of the La Porte City Council to be held February 27, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held February
27,
2017, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, 2017, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway,
La Porte,
Texas, for the purpose of considering the following agenda items. All agenda items are subject to Texas, for the purpose of considering the following agenda items. All agenda items are
subject to
action.
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Danny Earp.The Pledge of Allegiance will be led by Councilmember Danny Earp.
4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on February 13, 2017 Consider approval or other action regarding minutes of the meeting held on February 13,
2017
-- P. Fogarty P. Fogarty
(b)Consider approval or other action regarding an Interlocal Agreement for Joint Elections Consider approval or other action regarding an Interlocal Agreement for Joint Elections
between the City of La Porte; La Porte Independent School District and San Jacinto College between the City of La Porte; La Porte Independent School District and San Jacinto College
District District -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding the sale of 12Consider approval or other action regarding the sale of 12--feet of Lot 27, Block 80, Town of La feet of Lot 27, Block 80,
Town of La
Porte, Harris County, Texas to Bayway Homes to facilitate the construction of a single family Porte, Harris County, Texas to Bayway Homes to facilitate the construction of a single family
home home -- T. Leach T. Leach
(d)Consider approval or other action authorizing the City Manager to execute a concession Consider approval or other action authorizing the City Manager to execute a concession
agreement between the City of La Porte and Linda Darnell Witt as the Concessionaire for agreement between the City of La Porte and Linda Darnell Witt as the Concessionaire for
Sylvan Beach Fishing Pier Sylvan Beach Fishing Pier -- R. Epting R. Epting
(e)Consider approval or other action regarding a Municipal Water Service Agreement between Consider approval or other action regarding a Municipal Water Service Agreement between
the City of La Porte; City of Deer Park and the owner of the facility at 9515 Spencer Highway the City of La Porte; City of Deer Park and the owner of the facility at 9515 Spencer Highway
-
B. SterlingB. Sterling
6.PUBLIC HEARINGS AND ASSOCIATED ORDINANCESPUBLIC HEARINGS AND ASSOCIATED ORDINANCES
(a)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve an amendment to the Future Land Use Map Component of the La Commission to approve an amendment to the Future Land Use Map Component of the La
Porte Comprehensive Plan for a 40Porte Comprehensive Plan for a 40--acre tract of land known as Tracts 1 and 1L, Johnson acre tract of land known as Tracts 1 and 1L, Johnson
Hunter Survey, Abstract 35, generally located on State Highway 146 north of Wharton Weems Hunter Survey, Abstract 35, generally located on State Highway 146 north of Wharton Weems
Blvd; consider approval or other action regarding an Ordinance amending the City's Future Blvd; consider approval or other action regarding an Ordinance amending the City's Future
Land Use Map Component of the La Porte Comprehensive Plan for a 40Land Use Map Component of the La Porte Comprehensive Plan for a 40--acre tract of land acre tract of land
known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State
Highway 146 north of Wharton Weems Blvd., by changing use classification to Highway 146 north of Wharton Weems Blvd., by changing use classification to Commercial,Commercial,
Mid to HighMid to High--Density ResidentialDensity Residentialand and Mixed UseMixed Use--I. ClowesI. Clowes
(b)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve SCUP # 16Commission to approve SCUP # 16--91000004 to allow construction of an entertainment, 91000004 to allow construction of an entertainment,
commercial and residential mixedcommercial and residential mixed--use development center on State Highway 146 north of use development center on State Highway 146 north of
Wharton Weems Blvd.; consider approval or other action regarding an Ordinance amending Wharton Weems Blvd.; consider approval or other action regarding an Ordinance amending
the Code of Ordinances of the City of La Porte, Chapter 106, by approving SCUP#16the Code of Ordinances of the City of La Porte, Chapter 106, by approving SCUP#16-
91000004, for the purpose of constructing an entertainment, commercial and residential 91000004, for the purpose of constructing an entertainment, commercial and residential
mixedmixed--use development center on State Highway 146 north of Wharton Weems Blvd. use development center on State Highway 146 north of Wharton Weems Blvd. - I.
ClowesClowes
(c)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve a zone change request for changing the zoning classification of Commission to approve a zone change request for changing the zoning classification of
tracts 30A and 31A, Strang Subdivision from Business Industrial District (BI) to Light Industrial tracts 30A and 31A, Strang Subdivision from Business Industrial District (BI) to Light
Industrial
District (LI); consider approval or other action regarding an Ordinance to approve zone District (LI); consider approval or other action regarding an Ordinance to approve zone
change request #16change request #16--92000004), changing the zoning classification of tracts 30A and 31A, 92000004), changing the zoning classification of tracts 30A and 31A,
Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI) Strang Subdivision from Business Industrial District (BI) to Light Industrial District (LI)
- I.
ClowesClowes
(d)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve a zone change request for changing the zoning classification of Commission to approve a zone change request for changing the zoning classification of
tracts 17tracts 17--1A and 18A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI); 1A and 18A, Strang Subdivision from Business Industrial (BI) to Light Industrial
(LI);
consider approval or other action regarding an Ordinance to approve zone change request consider approval or other action regarding an Ordinance to approve zone change request
#16#16--92000005, changing the zoning classification of tracts 1792000005, changing the zoning classification of tracts 17--1A and 18A, Strang Subdivision 1A and 18A, Strang Subdivision
from Business Industrial (BI) to Light Industrial (LI) from Business Industrial (BI) to Light Industrial (LI) -- I. Clowes I. Clowes
(e)Public hearing to receive comments regarding recommendation by the Planning and Zoning Public hearing to receive comments regarding recommendation by the Planning and Zoning
Commission to approve a zone change request for changing the zoning classification of Commission to approve a zone change request for changing the zoning classification of
tracts 30 and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to tracts 30 and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI)
to
Light Industrial District (LI); consider approval or other action regarding an Ordinance to Light Industrial District (LI); consider approval or other action regarding an Ordinance to
approve zone change request #16approve zone change request #16--92000006, changing the zoning classification of tracts 30 92000006, changing the zoning classification of tracts 30
and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to Light and 31 and 17A and 18, Strang Subdivision from Business Industrial District (BI) to Light
Industrial District (LI) Industrial District (LI) -- I. Clowes I. Clowes
7.AUTHORIZATIONSAUTHORIZATIONS
(a)Consider approval or other action authorizing the City Manager to execute an agreement Consider approval or other action authorizing the City Manager to execute an agreement
between the City of La Porte and La Porte Boy's Baseball Association between the City of La Porte and La Porte Boy's Baseball Association -- R. Epting R. Epting
8.DISCUSSION AND POSSIBLE ACTIONDISCUSSION AND POSSIBLE ACTION
(a)Discussion and possible action regarding Ballard Exploration Company request for a Discussion and possible action regarding Ballard Exploration Company request for a
Geophysical Mineral and Testing Permit Geophysical Mineral and Testing Permit -- B. Sterling B. Sterling
(b)Discussion and possible action regarding amendments to the Port Crossing Development Discussion and possible action regarding amendments to the Port Crossing Development
Agreement Agreement -- C. Alexander C. Alexander
(c)(c)Discussion and possible action regarding extending the deadline for 'go live' date for ONE Discussion and possible action regarding extending the deadline for 'go live' date for
ONE Discussion and possible action regarding extending the deadline for 'go live' date for ONE Discussion and possible action regarding extending the deadline for 'go live' date for
ONE
Solution core finance functions to April 15, 2017 Solution core finance functions to April 15, 2017 -- T. Leach T. Leach
9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Fiscal Affairs Committee Meeting, Monday, March 13, 2017Fiscal Affairs Committee Meeting, Monday, March 13, 2017
City Council Meeting, Monday, March 13, 2017City Council Meeting, Monday, March 13, 2017
Planning and Zoning Commission Meeting, Thursday, March 16, 2017Planning and Zoning Commission Meeting, Thursday, March 16, 2017
City Council Meeting, Monday, March 27, 2017City Council Meeting, Monday, March 27, 2017
10.COUNCIL COMMENTSCOUNCIL COMMENTS regarding matters appearing on the agenda; recognition of regarding matters appearing on the agenda; recognition of
communitymembers, city employees, and upcoming events; inquiry of staff regarding specific factual communitymembers, city employees, and upcoming events; inquiry of staff regarding specific
factual
information or existing policies information or existing policies Councilmembers Earp, Clausen, J. Martin, K. Martin, Kaminski, Councilmembers Earp, Clausen, J. Martin, K. Martin,
Kaminski,
Zemanek, Leonard, Engelken and Mayor Rigby.Zemanek, Leonard, Engelken and Mayor Rigby.
11.EXECUTIVE SESSIONEXECUTIVE SESSION
The City Council reserves the right to meet in closed session on any agenda item should the need The City Council reserves the right to meet in closed session on any agenda item should
the need
arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government
Code, in accordance with the authority contained in:Code, in accordance with the authority contained in:
Texas Government Code, Section 551.074 Texas Government Code, Section 551.074 -- Personnel Matter: Deliberation concerning the Personnel Matter: Deliberation concerning the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer
or employee, unless the officer or employee requests a public hearing: Patrice Fogarty, City or employee, unless the officer or employee requests a public hearing: Patrice Fogarty, City
Secretary.Secretary.
Texas Government Code, Section 551.071 (1) (A) Texas Government Code, Section 551.071 (1) (A) -- Pending or Contemplated Litigation: Meet with Pending or Contemplated Litigation: Meet
with
City Attorney and City Manager to discuss performance issues under contract with SunGard.City Attorney and City Manager to discuss performance issues under contract with SunGard.
12.12.RECONVENERECONVENERECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s)
discussed in executive into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in
executive
session. session.
13.ADJOURNADJOURN
The City Council reserves the right to meet in closed session on any agenda item should the need arise and if 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 applicable pursuant to authorization by Title 5, Chapter 551, of the Texas
Government Code (the Texas open
meetings laws).meetings laws).
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable In compliance with the Americans with Disabilities Act, the City of La Porte
will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees, requests should be received accommodations for persons attending public meetings. To better serve attendees,
requests should be received
24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019.
CERTIFICATIONCERTIFICATION
I certify that a copy of the February 27, 2017 , agenda of items to be considered by the City Council was posted on the I certify that a copy of the February 27, 2017 , agenda of items
to be considered by the City Council was posted on the
City Hall bulletin board on February 21, 2017.City Hall bulletin board on February 21, 2017.
Council Agenda Item Council Agenda Item
February 27, 2017 February 27, 2017
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Clark Askins, Assistant City Attorney.The invocation will be given by Clark Askins, Assistant City Attorney.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Danny Earp.The Pledge of Allegiance will be led by Councilmember Danny Earp.
4.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
5.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will beenacted by (All consent agenda items are considered routine by City Council
and will beenacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on February 13, 2017 Consider approval or other action regarding minutes of the meeting held on February 13,
2017
-- P. Fogarty P. Fogarty
(b)Consider approval or other action regarding an Interlocal Agreement for Joint Elections Consider approval or other action regarding an Interlocal Agreement for Joint Elections
between the City of La Porte; La Porte Independent School District and San Jacinto College between the City of La Porte; La Porte Independent School District and San Jacinto College
District District -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding the sale of 12Consider approval or other action regarding the sale of 12--feet of Lot 27, Block 80, Town of La feet of Lot 27, Block 80,
Town of La
Porte, Harris County, Texas to Bayway Homes to facilitate the construction of a single family Porte, Harris County, Texas to Bayway Homes to facilitate the construction of a single family
home home -- T. Leach T. Leach
(d)Consider approval or other action authorizing the City Manager to execute a concession Consider approval or other action authorizing the City Manager to execute a concession
agreement between the City of La Porte and Linda Darnell Witt as the Concessionaire for agreement between the City of La Porte and Linda Darnell Witt as the Concessionaire for
Sylvan Beach Fishing Pier Sylvan Beach Fishing Pier -- R. Epting R. Epting
(e)Consider approval or other action regarding a Municipal Water Service Agreement between Consider approval or other action regarding a Municipal Water Service Agreement between
the City of La Porte; City of Deer Park and the owner of the facility at 9515 Spencer Highway the City of La Porte; City of Deer Park and the owner of the facility at 9515 Spencer Highway
-
B. SterlingB. Sterling
****************************************************************** ******************************************************************
LOUIS RIGBY
CHUCK ENGELKEN
Mayor
Councilmember District 2
JOHN ZEMANEK
DARYL LEONARD
Councilmember At Large A
Councilmember District 3
DOTTIE KAMINSKI
KRISTIN MARTIN
Councilmember At Large B
Councilmember District 4
DANNY EARP
JAY MARTIN
Mayor Pro-Tem
Councilmember District 5
Councilmember District 1
MIKE CLAUSEN
Councilmember District 6
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
FEBRUARY 13, 2017
The City Council of the City of La Porte met in a regular meeting on Monday, February 13, 2017, at the City
Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following
items of business:
1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present:
Councilmembers Engelken, J. Martin, K. Martin, Earp, Zemanek, Clausen, and Kaminski. Absent:
Councilmember Leonard. Also present were City Secretary Patrice Fogarty, City Manager Corby
Alexander, and Assistant City Attorney Clark Askins.
2. INVOCATION The invocation was given by Dee Spears, Fairmont Park Church.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Chuck Engelken.
4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a) Recognition Employees of the Fourth Quarter and Year for 2016 Sgt. Bennie Boles and Officer
Justin Weaver City of La Porte Police Department Mayor Rigby
Mayor Rigby recognized Sgt. Bennie Boles and Officer Justin Weaver as Employees of the Fourth
Quarter and Year for 2016.
(b) Recognition Manager of the Year Megan Mainer City of La Porte Parks and Recreation
Department (Recreation Superintendent) Mayor Rigby
Mayor Rigby recognized Megan Mainer as Manager of the Year.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
Courtney Dodge, 201 S. Virginia St., addressed Council by stating someone who sits on council has
lied about her husband. She stated this individual and a certain officer are in cahoots together, and
filed falsified documentation that her husband threatened him. She stated she feels like she and her
husband have no civil rights. She stated that her husband told this individual to let him live his life and
this individual live his, and now her husband is in a psych facility. She stated she is making a stand for
, and nobody is going to stop her. She stated she is sick and tired of being
and it has got to stop. She then Okay? Y, because it is about to get
Page 1 of 5
Feb. 13, 2017, Council Meeting Minutes
is is a threat. As she was walking away, Ms. Dodge
repliedo,
There were no additional public comments.
6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be removed and considered separately.)
(a) Consider approval or other action regarding minutes of meeting held on January 23, 2017 P.
Fogarty
(b) Consider approval or other action regarding a Memorandum of Agreement with Shady River
Homeowners Association of a community cooperation project providing for playground
replacement equipment for a total City contribution of $5,000.00 T. Leach
(c) Consider approval or other action regarding a Resolution authorizing the City of La Porte to
partner with Texas Department of Transportation to commence improvements at the
La Porte Municipal Airport T. Leach
(d) Consider approval or other action regarding a Resolution authorizing the resale of tax
delinquent properties located at Lots 1-3, Block 17 Sylvan Beach S. Wolny
(e) Consider approval or other action regarding the 2016 City of La Porte Police Department Racial
Profiling Report K. Adcox
Regarding Item D, Councilmember Zemanek questioned the process for moving forward with the resale
of tax delinquent properties, that sometimes they go to an auction and sometimes they go through a
situation like this today. City Manager Corby Alexander informed him that when properties initially go
delinquent, the initial process is the delinquent tax attorney files suit to collect payment, goes to court,
and wins a judgment. After that judgment is secured, the properties are then auctioned off at a monthly
. The properties the City is
sell at the initial auction; so, he believes the City holds on to them for six months and makes them
available, provided someone comes in with either the total taxes and fees or the adjudged amount,
whichever is less.
Councilmember Zemanek stated he is looking at the Foreclosure Summary Statement, and it says that
the judgement is against Creed Corporation. But in November 1, 1995, title of that property changed to
La Porte First Corporation. Who is that? Finance Director Michael Dolby responded the delinquent tax
attorney will have to answer that question. Councilmember Zemanek asked why Creed Corporation is
listed as who the judgment is against in this case when there is another title holder in between the time
of 1987 and the time of the sale in 2015. Mr. Dolby stated they would have to talk to the delinquent tax
attorney to get answers to the title questions. He stated we do know, however, that it was struck-off
after the auction, and it did revert back to us as the trustee and now someone has come in and put a
bid on the property. All of the proper title transfers have occurred in order for the sale to go forward.
Councilmember Zemanek stated that the title transferred from La Porte First to the City of La Porte and
not Creed Corporation to the City of La Porte. City Manager Alexander stated that typically when the
tax attorney files suit, they are required to notify anyone who has an ownership interest in the property
before they go to court. He further stated if the documents Council has received in the packet are
unclear, the summary form can be easily revised since it is a City-produced form.
Page 2 of 5
Feb. 13, 2017, Council Meeting Minutes
Councilmember Zemanek stated the bidder is Knox Askins, Trustee; and the person who prepared the
resolution is Clark Askins. Is that a conflict of interest? Should someone else have prepared the
resolution? Assistant City Attorney Clark Askins stated there is no conflict; Knox Askins was acting as
a trustee for a buyer and was not the buyer, not acting in the role of city attorney. Councilmember
Zemanek asked City Manager Alexander what his thoughts are on this. City Manager Alexander stated
there is nothing different than if it was Joe Citizen. If a councilmember has any misgivings, though, we
can run it by a third party attorney. Councilmember Zemanek stated it just does not pass the sniff test.
He also asked how someone finds out about these properties. Shelley Wolny stated there is a link to
the properties listed, and it will be sent to him.
When recognized by the Mayor to speak, Councilmember Earp stated that his question had been
answered regarding whether Knox Askins was purchasing the property.
Councilmember J. Martin made a motion to approve all Consent Agenda Items, with an amendment to
the minutes of the 1/23/17 Council Meeting, and an amendment to current Consent Item B, in the
Memorandum of Agreement with Shady River Homeowners Association, by replacing the word
fencing with the word improvements. Councilmember Clausen seconded the motion. MOTION
PASSED UNANIMOUSLY 8/0. Councilmember Leonard was absent.
7. REPORTS
(a) Receive report for ONESolution M. Dolby
Finance Director Michael Dolby presented a summary and advised the go-live date of January 30,
2017, was not met and informed Council that staff is hopeful to go live mid to early spring.
Paul Tovey, representative of SunGard, spoke and provided additional information.
Councilmember Earp asked when the implementation will be completed. Mr. Tovey responded by
April 15, 2017.
Senior System Administrator Ruston Royall spoke and provided an indepth update on the project.
Councilmembers provided numerous comments regarding the poor performance of
SunGard/ONESolution to get the City up and running. Councilmember Engelken stated he does not
have confidence SunGard/ONESolution can be finished, and that he feels it has been a complete
failure.
Mayor Rigby requested staff place an action item on this same subject on the February 27, 2017,
Council meeting agenda oor
performance and possible breach of contract.
(b) Continue public hearing to receive comments on the recommendation of the Dangerous Building
Inspection Board for condemnation of dangerous/substandard building located at 211 N. Forrest;
consider approval or other action regarding an Ordinance for condemnation of
dangerous/substandard building located at 211 N. Forrest M. Collier
The public hearing was continued from January 9, 2017, and re-opened at 7:08 p.m.
Page 3 of 5
Feb. 13, 2017, Council Meeting Minutes
Deputy Building Official Mike Collier presented a summary and recommended 211 N. Forrest be
removed from the dangerous/substandard building list. Mr. Collier advised he will address the
numerous code issues with the property owner.
The public hearing closed at 7:10 p.m.
Councilmember K. Martin made a motion to and remove 211 N. Forrest
from the dangerous/substandard building list. Councilmember Kaminski seconded the motion.
MOTION PASSED UNANIMOUSLY 8/0. Councilmember Leonard was absent.
8. ADMINISTRATIVE REPORTS
City Manager Corby Alexander reported that Public Works and Parks and Recreation successfully
delivered roughly 33,000 trash bags to La Porte homes.
9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information.
Councilmember Engelken commented it was nice to deliver trash bags to the residents of La Porte;
congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of the Fourth Quarter and
Year for 2016; congratulated Megan Mainer as Manager of the Year, and commented he hopes the
fields at Pecan Park will be ready for the season.
Councilmember Earp congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of the
Fourth Quarter and Year for 2016 and Megan Mainer as Manager of the Year;
Councilmember Clausen congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of
the Fourth Quarter and Year for 2016 and congratulated Megan Mainer as Manager of the Year;
Councilmember J. Martin congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of
the Fourth Quarter and Year for 2016 and congratulated Megan Mainer as Manager of the Year;
Councilmember K. Martin congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of
the Fourth Quarter and Year for 2016; congratulated Megan Mainer as Manager of the Year; and
Councilmember Kaminski congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of
the Fourth Quarter and Year for 2016; congratulated Megan Mainer as Manager of the Year;
commented the trash bag delivery was praised; and the Soul Food Cook-off was a success;
Councilmember Zemanek congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of
the Fourth Quarter and Year for 2016; and congratulated Megan Mainer as Manager of the Year; and
Mayor Rigby congratulated Sgt. Bennie Boles and Officer Justin Weaver as Employees of the Fourth
Quarter and Year for 2016; and congratulated Megan Mainer as Manager of the Year.
10. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the
meeting at 7:14 p.m. Councilmember Clausen seconded the motion. MOTION PASSED
UNANIMOUSLY 8/0. Councilmember Leonard was absent.
Page 4 of 5
Feb. 13, 2017, Council Meeting Minutes
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on February 27, 2017.
________________________________
Mayor Louis R. Rigby
Page 5 of 5
Feb. 13, 2017, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: February 13, 2017
Source of Funds:
Requested By: Patrice Fogarty, City Secretary
Account Number:
Department: City Secretary
Amount Budgeted:
Report: Resolution: Ordinance:
Amount Requested:
Budgeted Item: YES NO
Exhibits: Joint Election Agreement - May 6, 2017, election
SUMMARY & RECOMMENDATION
On January 9, 2017, City Council ordered a general election to be held on May 6, 2017.
Historically, the City of La Porte has participated in joint elections with La Porte Independent
School District and San Jacinto College. The Texas Election Code requires the terms of the
joint election to be set out in a joint election agreement.
For Council consideration is an Interlocal Agreement for Joint Elections, which shall be entered
into by the three entities, City of La Porte, La Porte Independent School District and San Jacinto
College, for the purpose of establishing the procedures, division of responsibilities, and sharing of
costs for elections held by the parties and taking place on the May uniform election date, and any
runoff elections stemming from the May uniform election date.
Exhibit A to the agreement outlines the polling locations for early voting and Election Day. City
Hall and the Instructional Technology Center are the polling places for all precincts for early
voting. Precincts 1-6 will vote at one of these locations on Election Day. Precinct 7 votes at
College Park Elementary for LPISD and San Jacinto College only. The agreement includes
branch early voting.
Action Required by Council:
Consider approval or other action of an Interlocal Agreement for Joint Elections for the 2017
May uniform election date.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
INTERLOCAL AGREEMENT FOR JOINT ELECTIONS
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement is made and entered into by and among the CITY OF LA PORTE, TEXAS (hereinafter
"LA PORTE"); the LA PORTE INDEPENDENT SCHOOL DISTRICT (hereinafter "LPISD"); and the SAN
W I T N E S S E T H:
1. Agreement. This Agreement is made and entered into by LA PORTE, LPISD, and COLLEGE (together
under the authority of the Texas Interlocal Cooperation Act, codified as Chapter 791, Texas
Government Code, and Chapter 271, "Joint Elections," of the Texas Election Code. The purpose of this
Agreement is to establish the procedures, division of responsibilities, and sharing of costs for elections
held by the parties and taking place on the May uniform election date, and any runoff elections stemming
from the May uniform election date.
2. Precincts. A joint election of the parties shall be conducted at the seven (7) election precincts described
on Exhibit "A" attached hereto and incorporated by reference herein. On the May uniform election date,
LA PORTE shall conduct elections for itself, LPISD, and COLLEGE, at Precincts 1 through 6, and for
LPISD and COLLEGE at Precinct 7.
3. Joint Early Voting. The main early voting polling place for the May uniform election date shall be located
at La Porte City Hall. Early voting shall be conducted jointly at the main early voting place, the La Porte
City Hall and at the Instructional Technology Center (ITC Building); and the City Secretary of the City of
La Porte is hereby appointed as the early voting clerk for the joint early voting. In addition to the early
voting clerk for the joint early voting, the regular early voting clerk for each political subdivision
participating in the joint early voting may receive applications for early voting ballots to be voted by mail
in accordance with Title 7 of the Texas Election Code, and shall not later than the next business day fax
or email or courier the applications to the early voting clerk for the joint early voting for processing. The
remaining procedures for conducting the political subdivision's early voting by mail shall be completed
by the early voting clerk for the joint early voting.
4. Administration of Election by LA PORTE. Each party to this agreement shall conduct its own candidate
filings, drawings for places on its ballot, posting and publication of election notices, receipt of campaign
finance reporting, and any other actions required of the entity by the Texas Election Code, except as
herein provided. LA PORTE shall assume responsibility for the conduct and administration of the joint
election on the May uniform election date on behalf of all of the parties to this Agreement, including to: 1)
arrange for printing of ballots; 2) provide election equipment (including specifically, eSlates, electronic
voting booths, disabled and
electronic counting machines); 3) appoint, train and compensate judges and clerks; 4) conduct early
voting at the main early voting polling place, and any branch polling place(s) established by the
participating parties; 5) serve as the Central Counting Station to receive all ballots cast in elections held
by any of the parties to this Agreement; and 6) arrange for all other matters necessary for the conduct of
its own election and the other parties to this Agreement.
The Presiding Judge of the Central Counting Station shall prepare the unofficial canvass reports after all
precincts have been counted, and shall deliver a copy of the unofficial canvass reports to LA PORTE,
LPISD and COLLEGE as soon as possible after all returns have been tabulated. The Presiding Judge
shall work cooperatively with the participating parties and ensure that the unofficial canvass reports are
delivered promptly and in advance of the meeting designated by each party to officially canvass the
results of the election. LA PORTE, LPISD and COLLEGE shall each be responsible for the official
canvass of their respective elections.
LA PORTE shall arrange and schedule the logic and accuracy testing for the election equipment prior to
its use in the election as required by Chapter 127 of the Texas Election Code and shall be responsible for
publishing the required public notice of the date, time, and place of the logic and accuracy testing.
The costs and expenses incurred by LA PORTE in administering the joint election, including the cost of
operating the Central Counting Station for processing and tabulating ballots of all parties holding an
election, shall be allocated among the parties to this Agreement participating in the Joint Election, on a
prorata basis, as provided in Paragraph 8 of this Agreement.
5. Cancellation of Election. If any party to this agreement cancels its election due to unopposed candidates,
pursuant to Section 2.051, et seq., Texas Election Code, that party shall not be responsible for any duties
established under Paragraph 4 of this Agreement, and shall have no further obligations under this
Agreement after the date of cancellation of the general election, but shall make available jointly-owned
election equipment and continue to provide its physical facilities for election-day and early voting polling
place activities as provided in this Agreement. Non-canceling parties shall continue to perform their
respective obligations under this Agreement.
If LA PORTE is not holding an election on the May uniform election date, and LPISD and COLLEGE are
holding an election on the May uniform election date taking place in even numbered years, LPISD shall
arrange all matters necessary for the conduct and administration of the election for both LPISD and
COLLEGE for that territory that is within the jurisdictional boundaries of LPISD.
If LA PORTE is not holding an election on the May uniform election date, and LPISD and COLLEGE are
holding an election on the May uniform election date taking place in odd numbered years, COLLEGE
shall arrange all matters necessary for the conduct and administration of the election for both LPISD and
COLLEGE for that territory that is within the jurisdictional boundaries of COLLEGE.
If COLLEGE is not holding an election on the May uniform election date, and LA PORTE and LPISD are
holding an election on the May uniform election date, LA PORTE shall arrange all matters necessary for
the conduct and administration of the election for both LPISD and LA PORTE.
If LPISD is not holding an election on the May uniform election date, and LA PORTE and COLLEGE are
holding an election on the May uniform election date, LA PORTE shall arrange all matters necessary for
the conduct and administration of the election for LA PORTE and COLLEGE for that territory within the
city limits of the city of La Porte. COLLEGE may contract for election services with other area cities within
6. Runoff Elections. If LA PORTE is not required to hold a runoff election, but LPISD and/or COLLEGE is
required to hold a runoff election as a result of said general election, LA PORTE shall be relieved of the
obligation to administer the runoff election for LPISD and/or COLLEGE, and shall make available the
jointly-owned election equipment and continue to provide its physical facilities for election-day and early
voting polling place activities as provided in this Agreement. LPISD shall arrange all matters necessary
for the conduct and administration of the runoff for both LPISD and COLLEGE for that territory that is
within the jurisdictional boundaries of LPISD in even-numbered years, and COLLEGE shall arrange all
matters necessary for the conduct and administration of the runoff for both LPISD and COLLEGE for that
territory that is within the jurisdictional boundaries of COLLEGE in odd-numbered years.
2
If LA PORTE and any other party to this Agreement is required to hold a runoff election, LA PORTE will
conduct the runoff election for the parties and shall be responsible for all duties established under
Paragraph 4 of this Agreement.
7. Sharing of Expenses. Common expenses of the May joint election shall be prorated among the parties
incurring and benefiting from such expenditures. Expenses shall include all necessary disbursements,
such as ballot printing, programming support and supplies, judges and clerks. In each case in which it is
responsible for the conduct and administration of the election, LA PORTE shall invoice LPISD and
COLLEGE, as applicable, for their prorata portions of such joint expenses, which invoice shall be due and
payable within thirty (30) days of receipt thereof. Under the terms of the Texas Election Code, no charge
shall be incurred for use of public buildings in the conduct of an election. The parties may meet following
each election, beginning with the 2017 May election, to review the administration and expenses of the
joint elections.
8. Ownership of Equipment. It is understood and agreed that in consideration for the two years of capital
reimbursement payments already made by LPISD to LA PORTE, LPISD has a forty percent ownership
interest in the election equipment referenced in Paragraph 4 of this Agreement (with the exception of the
e-PollBooks in which LPISD has a fifty percent ownership interest), and as such, LPISD shall have an
absolute right to access and use said portion of owned equipment in all general and special elections
ordered by LPISD, and any required run-off elections, without regard to their date, during the term of this
Agreement and continuing even after the expiration of this Agreement.
It is understood and agreed that in consideration for the capital reimbursement payment already made by
COLLEGE to LA PORTE, COLLEGE has a twenty percent ownership interest in the election equipment
referenced in Paragraph 4 of this Agreement (with the exception of the e-PollBooks in which COLLEGE
has no ownership interest), and as such, COLLEGE shall have an absolute right to access and use said
portion of owned equipment in all general and special elections ordered by COLLEGE, and any required
run-off elections, without regard to their date, during the term of this Agreement and continuing even after
the expiration of this Agreement.
9. Election Records. LA PORTE shall be responsible for the safekeeping of election records. Records of
the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the
Texas Election Code. If records of the election are involved in any pending election contest, investigation,
litigation, or open records request, LA PORTE shall maintain the records until final resolution or until final
judgment, whichever is applicable. It is the responsibility of LPISD and/or COLLEGE to bring to the
attention of LA PORTE any notice of pending election contest, investigation, litigation or open records
request which may be filed with either entity.
10. Recounts. A recount may be obtained as provided by Title 13 of the Texas Election Code. It is
understood and agreed that the entity requiring the recount shall be responsible for the supervision of the
recount and shall appoint all personnel for the recount. The parties agree to work cooperatively with one
another, promptly making available all election records, equipment, and supplies requested by the entity
conducting the recount. All costs of the recount shall be borne by the entity requiring the recount.
11Effective Date. This Agreement shall be effective upon passage by all parties hereto for the May 2017,
general election of officers, and any necessary runoff elections stemming from the May 2017, general
election. Said Agreement is for a one-year term expiring December 31, 2017, and shall automatically
st
renew thereafter on a year-to-year basis unless amended on or before December 31of the applicable
year. This Agreement supersedes any other Agreement existing or in conflict herewith.
3
12. Approval of Agreement. This Agreement has been approved by the respective governing boards of the
parties hereto. Payments hereunder shall be from current revenues available to the paying party.
WITNESS OUR HANDS, effective January 1, 2017.
CITY OF LA PORTE, TEXAS
By: ______________________________
Louis R. Rigby, Mayor
ATTEST:
______________________________
Patrice Fogarty, City Secretary
SAN JACINTO COMMUNITY COLLEGE DISTRICT
By: ________________________________
Brenda Hellyer, Ed. D
Chancellor
ATTEST:
______________________________
Secretary
LA PORTE INDEPENDENT
SCHOOL DISTRICT
By: ________________________________
President, Board of Trustees
ATTEST:
______________________________
Secretary
4
EXHIBIT "A"
JOINT ELECTION PRECINCTS
Early Voting All Precincts #1 - #7
City Hall, City of La Porte
604 W. Fairmont Parkway
La Porte, TX
Instructional Technology Center (ITC Building)
9832 Spencer Hwy.
La Porte, Texas 77571
Election Day Precincts #1, #2, #3, and #6:
Instructional Technology Building (ITC Building)
9832 Spencer Highway
La Porte, TX
Election Day Precincts #4 and #5:
La Porte City Hall
604 West Fairmont Parkway
La Porte, TX
Election Day Precinct #7 (LPISD & COLLEGE only):
College Park Elementary School
4315 Luella
Deer Park, TX
5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:February 27, 2017 Appropriation:
Requested By: Traci E. Leach Source of Funds: N/A
Department: Administration Account Number: N/A
Report: __ __Resolution: ____Ordinance: _ ___ Amount Budgeted: N/A
Amount Requested: N/A
Exhibits: Location Map
Exhibits: Special Warranty Deed Budgeted Item: N/A
_____________________________________________________________________________________
SUMMARY & RECOMMENDATION
Bayway Homes would like to purchase 12’ feet of property from the City to construct a single
th
family home on the 300 block of N. 4 Street (across from the Jennie Riley Center). Bayway
th
owns the lot between 309 N. 4 Street and the parking lot for Jennie Riley Center. The lot is an
irregular size and does not currently meet the minimum lot size for single family home
construction.
Bayway would like to purchase 12’ of land from the City to meet the minimum standard of 60’
lot. The requested 12’ strip of property is currently vacant property, as the parking lot does not
extend to the southern property line. As no additional expansion is contemplated for the parking
lot, the City does not have any objection to this proposed property acquisition.
An appraisal was conducted and the purchase price for the 1,500 square feet is $2,625.
Section 272.001(b)(1) of the Local Government Code provides an exemption to the auction
requirement for sale of property owned by the City. This property meets the definition of “narrow
strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be
used independently under its current zoning or under applicable subdivision or other development
control ordinances.”
Staff recommends the sale of the 12’ strip of land to Bayway Homes to facilitate the construction of a
single family home.
Action Required by Council:
Consider approval or other action to sell a 12’ strip of land to Bayway Homes to facilitate the
construction of a single family home.
Approved for City Council Agenda
___________________________________ _______________________
Corby D. Alexander, City Manager Date
EXHIBIT "B" TO DEED
W TYLER ST
LOCATION OF TRACT
(SOUTH 12' OF LOT 27)
1 inch = 100 feet
REQUESTFORCITYCOUNCILAGENDAITEM
AgendaDateRequested:February27,2017Appropriation
RequestedBy:RosalynEptingSourceofFunds:N/A
Department:Parks&RecreationAcctNumber:
Report:XResolution:Ordinance:AmountBudgeted:
Exhibits:RedlinedProposedAgreementAmountRequested:
Exhibits:FinalVersionofProposedAgreementBudgetedItem:YESNO
Exhibits:
SUMMARY&RECOMMENDATION
TheagreementfortheConcessionaireatSylvanBeachFishingPierneedstoberenewed.Thenewagreement
isverysimilartotheoldonewithonlyafewchanges.Proposedchangedareshownontheattached
agreementinred.
Highlightsoftheproposedchangesare:
1.Thetermoftheagreementwaschangedtofortyfour(44)months.Originallythetermwasone(1)
yearwithanoptiontorenewforatotalofthree(3)additionaloneyearterms.Thetermhasbeen
changedtofortyfour(44)monthsbecauseitwillallowtheagreementtocoincidewiththe
ConcessionAgreementbetweenHarrisCountyandtheConcessionairefortheBaitHouse.
2.ThenewagreementstatesfreeuseofthepiertothepublicforSylvanBeachDayandfour(4)
additionaldatestobedetermined.TheoriginalagreementrequestedfreeuseduringSylvanBeach
Day,BayDay,andthree(3)additionaldatestobedetermined.
3.TicketsforthepierwillbesoldattheBaitHouse.Theoriginalagreementhadticketssalesatthe
entrancetothepier.
4.TheaddressforHarrisCountywasupdated.
Staffrecommendsthattheagreementbeapprovedaspresented.
ouncil:
ActionRequiredbyC
ConsiderapprovalorotheractionauthorizingtheCityManagertoexecuteanagreementbetweenthe
CityofLaPorteandLindaDarnellWittastheConcessionaireforSylvanBeachFishingPier.
ApprovedforCityCouncilAgenda
___________________________________________________________
CorbyD.Alexander,CityManagerDate
CONCESSION AGREEMENT
THE STATE OF TEXAS§
§
COUNTY OF HARRIS§
This Agreement made and entered into by and between the City of La Porte, Texas
a body corporate and politic under the laws of the State of Texas, hereinafter referred to
as the "City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire".
WITNESSETH
WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier
to be made available for the enjoyment and benefit of the public at Sylvan Beach Park,
and
WHEREAS, The Concessionaire has requested the City to use said pier for the
purposes hereinabove described, to be used by the general public, and
WHEREAS, The City desires to provide quality recreational opportunities for the
general public, and desires to permit the Concessionaire to use the said pier according
to the rules, covenants, and conditions hereinafter stated,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants and agreements to both parties, it
is agreed as follows:
I.
Subject to the terms and provisions herein set forth, the City has granted and by
these presents grants to the Concessionaire, the right and privilege to operate the 1,100
foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described
on Exhibit "A" attached hereto. The term of the contract shall be for forty-four (44) months
beginning February 27, 2017, and ending (unless sooner ended in accordance with the
Deleted: one (1) year
provisions hereof) October 31, 2020,in accordance with thatConcession Agreement
Deleted: August 1, 2010
between Harris County andConcessionairefor the Bait House.
Deleted: with the option for the City to renew for a total
of three(3) additional one year periods,
II.
The Concessionaire and employees shall operate the fishing pier concession in
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 1of 9
Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange
or assignment of rights under this Agreement, either in whole or in part, without the prior
written approval of the City Council of the City of La Porte.
III.
As consideration for this concession, the Concessionaire shall pay, without
demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross
user fees collected for the use of the pier. Gross User fee is defined as the total gate
receipts less any federal, state, and/or local taxes. The concession fee will be due and
payable on or before the 10th day of each month for the preceding month's activity. The
Concessionaire agrees to maintain documentation, on forms to be developed and
provided by the City and adhere to guidelines established by the City, of daily use and
payments received. The Concessionaire agrees to furnish to the City any and all reports
which City may require covering all receipts and income of the concession, and agrees
that her books and other records may be examined by the City or City Auditor or any other
officer of the City at any reasonable time. The Concessionaire agrees to keep and
maintain said records and books in La Porte. The Concessionaire may, on a daily basis,
report and deposit with the City all admission revenues generated by the pier operation.
The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant
to this agreement on a monthly basis.
IV.
The Concessionaire shall operate and manage the fishing pier. Admission rates
will be set through negotiation with the City and shall be reasonable and equal to those
charged by concessionaires in comparable facilities. The Concessionaire agrees to
conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates,
and prices at all times in a conspicuous place on the premises.
V.
During the term of this Agreement, Concessionaire's and City's obligations
hereunder, in addition to others specified herein, shall be as follows:
(a)The Concessionaire will abide by all applicable federal, state, and
municipal laws, ordinances, rules and regulations. Concessionaire
must obtain, at her own expense, all licenses and permits required
for the operation of said fishing pier and make the same accessible
at all times to city, county, state, and federal officers. Concessionaire
agrees to pay all federal and state permit and lease fees. The City
agrees to pay required state permit and lease fees from the
Concessionaire's share of collected receipts according to the
following formula:
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 2of 9
15% of total permit fee for each of the months of June, July, August,
& Septemberof each year of the agreement.
5% of total permit fee for each of the months of October, January,
February, March, April, & Mayfor the term of the agreement.
The payment schedule specified above shall begin in the month
following the date this agreement is executed and continue until the
agreement is terminated.
(b)The Concessionaire will pay all applicable local, state, and federal
taxes incident to the operation of said fishing pier.
(c)The Concessionaire will place no vending machine in the area of the
fishing pier without the prior written approval of the City Parks &
Recreation Director or his designated representative.
(d)The Concessionaire will abide by such opening and closing hours of
the fishing pier as the Commissioners Court of Harris County and the
City may, from time to time, prescribe and will post such hours of
opening and closing at the fishing pier.
(e)The Concessionaire agrees to open the pier to the public, at no
charge, on Sylvan Beach Dayand four (4) other dates to be
Deleted: the following dates: (a)
determined by the City and/or Harris County, and coordinated with
Deleted: ; (b) Bay Day;
the Concessionaire.
Deleted: (c) three (3)
(f)The Concessionaire will sell no beer, wine, liquor, or other such
alcoholic beverages on the fishing pier.
(g)The Concessionaire will keep the fishing pier and the entrance
thereto in a neat, clean, and sanitary condition.
(h)The Concessionaire will be responsible for all routine or minor
maintenance of the pier. The City will be responsible for all major
repairs to the pier. For purposes of this Agreement, a Major Repair
shall be defined as: any purchase of materials and labor in excess of
$200.00 for any particular event, including normal wear and tear,
requiring repair of the pier.
(i)The Concessionaire will not permit on the pier, or in the immediate
vicinity of the pier, any disorderly conduct or practice in violation of
any federal, state, or municipal laws, rules, regulations, or
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 3of 9
ordinances; of a sort likely to bring discredit upon the City or its
governing body.
(j)The Concessionaire will treat the public with courtesy and respect at
all times. Complaints will be investigated by the Parks & Recreation
Director or his designated representative and, if found to be just, be
resolved to the satisfaction of said Director.
(k)The Concessionaire will neither place, nor cause to be placed, any
sign, projection, advertisement, or device of any kind whatsoever on
the fishing pier or on the streets adjacent thereto without prior written
consent of the City.
(l)The Concessionaire will be responsible for all costs and expenses
incidental to operating the fishing pier.
(m)The City will provide electrical and water utilities to the pier, and shall
be responsible for maintenance and repair of electrical systems for
the pier. The City will be responsible for payment of water utility
costs. The Concessionaire will be responsible for payment of
electrical utility costs.
(n)The Concessionaire will be responsible for selling all pier ticketsfrom
the bait house. Additionallythe Concessionaire will be responsible
Deleted: The City will be responsible for
providing a facility for ticket sales at the entrance
for providing any barricades required to limit access to the pier and
to the pier. Said facility shall be of a design
to direct patrons to the facility for ticket sales or other purpose.
mutually approved by the City and the
Concessionaire.
(o)The City will be responsible for providing trash receptacles for the
Deleted: The Concessionaire will be
pier and entrance to the pier; the Concessionaire willbe responsible
responsible for maintenance and repair of said
facility for the duration of this Agreement.
for providing plastic liners for the receptacles.
Deleted: T
(p)It is expressly the Concessionaire's responsibility and duty to remove
and properly dispose of the trash and garbage resulting from the
public use of the fishing pier and seeing to it that the same is put in
suitable closed containers. Containers shall be picked up and hauled
away at least twice a week.
VI.
The Concessionaire shall permit the City's officers, employees, and agents to enter
into and upon the fishing pier for the purpose of inspecting and examining the condition
thereof.
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 4of 9
VII.
The Concessionaire shall not by virtue hereof be deemed to have become a tenant
of the City, nor to have been given or accorded as against the City the possession of any
part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled
to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter
therein solely for the purpose of exercising therein the rights and privileges hereby
granted.
VIII.
The Concessionaire shall keep and maintain during the term hereof, a
comprehensive general liability policy, with the City and Harris County named as
additional insured, with limits of liability of not less than one million dollars ($1,000,000.00)
combined single limit bodily injury and property damage per occurrence. The
Concessionaire shall annually furnish the City with a certificate of insurance evidencing
such coverage. The City and Harris County are to receive at least thirty (30) days prior
written notice of cancellation of said policies. Such insurance shall include contractual
liability insuring the indemnity agreements contained herein. Failure to maintain
insurance will result in automatic and immediate termination of this Agreement.
IX.
To the fullest extent permitted by applicable law, Concessionaire shall and does
hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
Harris County, Texas, and their respective heirs, legal representatives, partners, agents,
employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
and of any of their respective partners, (herein collectively called the "Indemnitees") from
and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
any nature, kind or description (including without limitation, claims for injuries or death of
any person, or damages to or loss of any property) of any person or entity (including but
not limited to employees, agents, and subcontractors of Concessionaire, and their
dependents, and personal representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the
presence or activity of Concessionaire, its employees, agents, and representatives,
(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or
otherwise, or the condition of said equipment, or (d) any act or omission of
Concessionaire, any Subcontractor, any of their respective employees, agents, servants,
officers, directors, partners, or anyone directly or indirectly employed by Concessionaire
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 5of 9
or any Subcontractor, or anyone that either Concessionaire or any Subcontractor controls
or exercises control over (herein collectively called the "Liabilities").
THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION
SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN
WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY
INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT
NEGLIGENCE WAS ACTIVE OR PASSIVE.Concessionaire shall promptly advise
Indemnitees in writing of any action, administrative or legal proceeding or investigation as
to which this indemnification may apply, and Concessionaire, at Concessionaire's
expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct
with due diligence and ingood faith the defense thereof with counsel satisfactory to
Indemnitees; provided, however that Indemnitees shall have the right, at its option, to be
represented therein by advisory counsel of its own selection and at its own expense. In
the event of failure by the Concessionaire to fully perform in accordance with this
Indemnification Agreement, Indemnitees, at its option, and without relieving
Concessionaire of its obligations hereunder, may so perform but all costs and expenses
so incurred by Indemnitees in that event shall be reimbursed by Concessionaire to
Indemnitees, together with interest on the same from the date any such expense was
paid by Indemnitees until reimbursed by Concessionaire, at the highest lawful rate of
interest allowed under applicable usury laws of the State of Texas (or if no maximum rate
is applicable, at the rate of ten percent (10%) per annum). This indemnification shall not
be limited to damages, compensation or benefits payable under insurance policies,
worker's compensation acts, disability benefit acts or other employee's benefit acts. It is
agreed with respect to any legal limitations now or hereafter in effect and affecting the
validity of enforceability of the indemnification obligation under this Section, such legal
limitations are made a part of the indemnification obligation and shall operate to amend
the indemnification obligation to the minimum extent necessary to bring the provision in
to conformity with the requirements of such limitations, and so modified, the
indemnification shall continue in full force and effect.
X.
It is expressly understood and agreed that the City may terminate this Agreement
without cause at any time by giving the Concessionaire at least ninety (90) days written
notice of itsintention to do so, specifying therein the effective date of such termination. It
is expressly agreed that the Concessionaire may terminate this Agreement prior to the
expiration of the term set forth above without cause upon ninety (90) days written notice
to the City. Notifications pertaining to any part of this Agreement shall be made as follows:
THE CITY:City of La Porte Parks & Recreation Department
1322 S. Broadway
La Porte, Texas 77571
Attention: Director of Parks and Recreation
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 6of 9
THE CONCESSIONAIRE:Ms. Linda Darnell Witt
422South BlackwellStreet
LaPorte, Texas 77571
HARRIS COUNTY:Harris County Commissioners Court
Deleted: The Honorable Sylvia Garcia,¶
Commissioner, Precinct 2¶
Harris County Administration Building
Harris County Commissioner's Court¶
th
1001 Preston, 9Floor
7330 Spencer Highway¶
Houston, Texas 77002
Pasadena, Texas 77505
Attention: Clerk of Commissioners Court
XI.
The Concessionaire shall not allow any liens or any other encumbrances to attach
to the leased premises.
XII.
Whenever the terms of this Agreement conflict with the terms of the Agreement
with the City and Harris County, Texas, dated April 12, 1994(attached hereto), amended
and extended, the parties agree that the terms of the Harris County Agreement control,
to the extent of such conflict only. Otherwise, this Agreement is to be construed in
relationship with the Harris County Agreement insofar as possible.
XIII.
The provisions of this Agreement which assign certain rights to the City, shall be
construed to also be shared by Harris County insomuch as they are in accordance with
the terms of the Agreement between the City and Harris County, Texas, dated April 12,
1994.
The foregoing does not apply to Section X, which allows the City unilaterally
to terminate this Agreement without cause, and also does not apply to Section III,
which governs payment. The City's and Harris County's rightsand obligations
Deleted: writes
regarding payment are more specifically set forth in the Agreement between the
City and Harris County dated April 12, 1994.
XIV.
This instrument contains the entire Agreement between the parties related to the
rights herein granted and obligations herein assumed. Any oral or written representations
or notifications concerning this instrument shall be of no force or effect excepting a
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 7of 9
subsequent modification in writing signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies on this the day of , 2017to become effective as provided above.
Deleted: 0
"CITY"
CITY OF LA PORTE, TEXAS
Deleted: A municipal corporation¶
BY:
Corby D. Alexander, City Manager
Deleted: Ron Bottoms
ATTEST:
Patrice Fogarty, City Secretary
Deleted: Martha Gillett
APPROVEDAS TO FORM:
Clark T.Askins, Assistant City Attorney
Deleted: KNOX
Deleted: W. ASKINS
"CONCESSIONAIRE"
BY:
Linda D.Witt, Concessionaire
Deleted: arnell
Deleted: TITLE:Concessionaire
ATTEST:
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 8of 9
CONCESSION AGREEMENT
EXHIBIT "A"
The 1,100 foot pier referred to in this agreement shall be the pier located on the following
described premises situated in Harris County, Texas, to-wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K.Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
southeast side of an existing parking lot for the POINT OF TERMINUS.
Deleted: 0710
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 9of 9
CONCESSION AGREEMENT
THE STATE OF TEXAS§
§
COUNTY OF HARRIS§
This Agreement made and entered into by and between the City of La Porte, Texas
a body corporate and politic under the laws of the State of Texas, hereinafter referred to
as the "City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire".
WITNESSETH
WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier
to be made available for the enjoyment and benefit of the public at Sylvan Beach Park,
and
WHEREAS, The Concessionaire has requested the City to use said pier for the
purposes hereinabove described, to be used by the general public, and
WHEREAS, The City desires to provide quality recreational opportunities for the
general public, and desires to permit the Concessionaire to use the said pier according
to the rules, covenants, and conditions hereinafter stated,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants and agreements to both parties, it
is agreed as follows:
I.
Subject to the terms and provisions herein set forth, the City has granted and by
these presents grants to the Concessionaire, the right and privilege to operate the 1,100
foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described
on Exhibit "A" attached hereto. The term of the contract shall be for forty-four (44) months
beginning February 27, 2017, and ending (unless sooner ended in accordance with the
provisions hereof) October 31, 2020,in accordance with thatConcession Agreement
between Harris County andConcessionairefor the Bait House.
II.
The Concessionaire and employees shall operate the fishing pier concession in
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 1of 9
Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange
or assignment of rights under this Agreement, either in whole or in part, without the prior
written approval of the City Council of the City of La Porte.
III.
As consideration for this concession, the Concessionaire shall pay, without
demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross
user fees collected for the use of the pier. Gross User fee is defined as the total gate
receipts less any federal, state, and/or local taxes. The concession fee will be due and
payable on or before the 10th day of each month for the preceding month's activity. The
Concessionaire agrees to maintain documentation, on forms to be developed and
provided by the City and adhere to guidelines established by the City, of daily use and
payments received. The Concessionaire agrees to furnish to the City any and all reports
which City may require covering all receipts and income of the concession, and agrees
that her books and other records may be examined by the City or City Auditor or any other
officer of the City at any reasonable time. The Concessionaire agrees to keep and
maintain said records and books in La Porte. The Concessionaire may, on a daily basis,
report and deposit with the City all admission revenues generated by the pier operation.
The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant
to this agreement on a monthly basis.
IV.
The Concessionaire shall operate and manage the fishing pier. Admission rates
will be set through negotiation with the City and shall be reasonable and equal to those
charged by concessionaires in comparable facilities. The Concessionaire agrees to
conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates,
and prices at all times in a conspicuous place on the premises.
V.
During the term of this Agreement, Concessionaire's and City's obligations
hereunder, in addition to others specified herein, shall be as follows:
(a)The Concessionaire will abide by all applicable federal, state, and
municipal laws, ordinances, rules and regulations. Concessionaire
must obtain, at her own expense, all licenses and permits required
for the operation of said fishing pier and make the same accessible
at all times to city, county, state, and federal officers. Concessionaire
agrees to pay all federal and state permit and lease fees. The City
agrees to pay required state permit and lease fees from the
Concessionaire's share of collected receipts according to the
following formula:
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 2of 9
15% of total permit fee for each of the months of June, July, August,
& Septemberof each year of the agreement.
5% of total permit fee for each of the months of October, January,
February, March, April, & Mayfor the term of the agreement.
The payment schedule specified above shall begin in the month
following the date this agreement is executed and continue until the
agreement is terminated.
(b)The Concessionaire will pay all applicable local, state, and federal
taxes incident to the operation of said fishing pier.
(c)The Concessionaire will place no vending machine in the area of the
fishing pier without the prior written approval of the City Parks &
Recreation Director or his designated representative.
(d)The Concessionaire will abide by such opening and closing hours of
the fishing pier as the Commissioners Court of Harris County and the
City may, from time to time, prescribe and will post such hours of
opening and closing at the fishing pier.
(e)The Concessionaire agrees to open the pier to the public, at no
charge, on Sylvan Beach Dayand four (4) other dates to be
determined by the City and/or Harris County, and coordinated with
the Concessionaire.
(f)The Concessionaire will sell no beer, wine, liquor, or other such
alcoholic beverages on the fishing pier.
(g)The Concessionaire will keep the fishing pier and the entrance
thereto in a neat, clean, and sanitary condition.
(h)The Concessionaire will be responsible for all routine or minor
maintenance of the pier. The City will be responsible for all major
repairs to the pier. For purposes of this Agreement, a Major Repair
shall be defined as: any purchase of materials and labor in excess of
$200.00 for any particular event, including normal wear and tear,
requiring repair of the pier.
(i)The Concessionaire will not permit on the pier, or in the immediate
vicinity of the pier, any disorderly conduct or practice in violation of
any federal, state, or municipal laws, rules, regulations, or
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 3of 9
ordinances; of a sort likely to bring discredit upon the City or its
governing body.
(j)The Concessionaire will treat the public with courtesy and respect at
all times. Complaints will be investigated by the Parks & Recreation
Director or his designated representative and, if found to be just, be
resolved to the satisfaction of said Director.
(k)The Concessionaire will neither place, nor cause to be placed, any
sign, projection, advertisement, or device of any kind whatsoever on
the fishing pier or on the streets adjacent thereto without prior written
consent of the City.
(l)The Concessionaire will be responsible for all costs and expenses
incidental to operating the fishing pier.
(m)The City will provide electrical and water utilities to the pier, and shall
be responsible for maintenance and repair of electrical systems for
the pier. The City will be responsible for payment of water utility
costs. The Concessionaire will be responsible for payment of
electrical utility costs.
(n)The Concessionaire will be responsible for selling all pier ticketsfrom
the bait house. Additionallythe Concessionaire will be responsible
for providing any barricades required to limit access to the pier and
to direct patrons to the facility for ticket sales or other purpose.
(o)The City will be responsible for providing trash receptacles for the
pier and entrance to the pier; the Concessionaire willbe responsible
for providing plastic liners for the receptacles.
(p)It is expressly the Concessionaire's responsibility and duty to remove
and properly dispose of the trash and garbage resulting from the
public use of the fishing pier and seeing to it that the same is put in
suitable closed containers. Containers shall be picked up and hauled
away at least twice a week.
VI.
The Concessionaire shall permit the City's officers, employees, and agents to enter
into and upon the fishing pier for the purpose of inspecting and examining the condition
thereof.
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 4of 9
VII.
The Concessionaire shall not by virtue hereof be deemed to have become a tenant
of the City, nor to have been given or accorded as against the City the possession of any
part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled
to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter
therein solely for the purpose of exercising therein the rights and privileges hereby
granted.
VIII.
The Concessionaire shall keep and maintain during the term hereof, a
comprehensive general liability policy, with the City and Harris County named as
additional insured, with limits of liability of not less than one million dollars ($1,000,000.00)
combined single limit bodily injury and property damage per occurrence. The
Concessionaire shall annually furnish the City with a certificate of insurance evidencing
such coverage. The City and Harris County are to receive at least thirty (30) days prior
written notice of cancellation of said policies. Such insurance shall include contractual
liability insuring the indemnity agreements contained herein. Failure to maintain
insurance will result in automatic and immediate termination of this Agreement.
IX.
To the fullest extent permitted by applicable law, Concessionaire shall and does
hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
Harris County, Texas, and their respective heirs, legal representatives, partners, agents,
employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
and of any of their respective partners, (herein collectively called the "Indemnitees") from
and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
any nature, kind or description (including without limitation, claims for injuries or death of
any person, or damages to or loss of any property) of any person or entity (including but
not limited to employees, agents, and subcontractors of Concessionaire, and their
dependents, and personal representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the
presence or activity of Concessionaire, its employees, agents, and representatives,
(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or
otherwise, or the condition of said equipment, or (d) any act or omission of
Concessionaire, any Subcontractor, any of their respective employees, agents, servants,
officers, directors, partners, or anyone directly or indirectly employed by Concessionaire
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 5of 9
or any Subcontractor, or anyone that either Concessionaire or any Subcontractor controls
or exercises control over (herein collectively called the "Liabilities").
THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION
SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN
WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY
INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT
NEGLIGENCE WAS ACTIVE OR PASSIVE.Concessionaire shall promptly advise
Indemnitees in writing of any action, administrative or legal proceeding or investigation as
to which this indemnification may apply, and Concessionaire, at Concessionaire's
expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct
with due diligence and ingood faith the defense thereof with counsel satisfactory to
Indemnitees; provided, however that Indemnitees shall have the right, at its option, to be
represented therein by advisory counsel of its own selection and at its own expense. In
the event of failure by the Concessionaire to fully perform in accordance with this
Indemnification Agreement, Indemnitees, at its option, and without relieving
Concessionaire of its obligations hereunder, may so perform but all costs and expenses
so incurred by Indemnitees in that event shall be reimbursed by Concessionaire to
Indemnitees, together with interest on the same from the date any such expense was
paid by Indemnitees until reimbursed by Concessionaire, at the highest lawful rate of
interest allowed under applicable usury laws of the State of Texas (or if no maximum rate
is applicable, at the rate of ten percent (10%) per annum). This indemnification shall not
be limited to damages, compensation or benefits payable under insurance policies,
worker's compensation acts, disability benefit acts or other employee's benefit acts. It is
agreed with respect to any legal limitations now or hereafter in effect and affecting the
validity of enforceability of the indemnification obligation under this Section, such legal
limitations are made a part of the indemnification obligation and shall operate to amend
the indemnification obligation to the minimum extent necessary to bring the provision in
to conformity with the requirements of such limitations, and so modified, the
indemnification shall continue in full force and effect.
X.
It is expressly understood and agreed that the City may terminate this Agreement
without cause at any time by giving the Concessionaire at least ninety (90) days written
notice of itsintention to do so, specifying therein the effective date of such termination. It
is expressly agreed that the Concessionaire may terminate this Agreement prior to the
expiration of the term set forth above without cause upon ninety (90) days written notice
to the City. Notifications pertaining to any part of this Agreement shall be made as follows:
THE CITY:City of La Porte Parks & Recreation Department
1322 S. Broadway
La Porte, Texas 77571
Attention: Director of Parks and Recreation
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 6of 9
THE CONCESSIONAIRE:Ms. Linda Darnell Witt
422South BlackwellStreet
LaPorte, Texas 77571
HARRIS COUNTY:Harris County Commissioners Court
Harris County Administration Building
th
1001 Preston, 9Floor
Houston, Texas 77002
Attention: Clerk of Commissioners Court
XI.
The Concessionaire shall not allow any liens or any other encumbrances to attach
to the leased premises.
XII.
Whenever the terms of this Agreement conflict with the terms of the Agreement
with the City and Harris County, Texas, dated April 12, 1994(attached hereto), amended
and extended, the parties agree that the terms of the Harris County Agreement control,
to the extent of such conflict only. Otherwise, this Agreement is to be construed in
relationship with the Harris County Agreement insofar as possible.
XIII.
The provisions of this Agreement which assign certain rights to the City, shall be
construed to also be shared by Harris County insomuch as they are in accordance with
the terms of the Agreement between the City and Harris County, Texas, dated April 12,
1994.
The foregoing does not apply to Section X, which allows the City unilaterally
to terminate this Agreement without cause, and also does not apply to Section III,
which governs payment. The City's and Harris County's rightsand obligations
regarding payment are more specifically set forth in the Agreement between the
City and Harris County dated April 12, 1994.
XIV.
This instrument contains the entire Agreement between the parties related to the
rights herein granted and obligations herein assumed. Any oral or written representations
or notifications concerning this instrument shall be of no force or effect excepting a
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 7of 9
subsequent modification in writing signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies on this the day of , 2017to become effective as provided above.
"CITY"
CITY OF LA PORTE, TEXAS
BY:
Corby D. Alexander, City Manager
ATTEST:
Patrice Fogarty, City Secretary
APPROVEDAS TO FORM:
Clark T.Askins, Assistant City Attorney
"CONCESSIONAIRE"
BY:
Linda D.Witt, Concessionaire
ATTEST:
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 8of 9
CONCESSION AGREEMENT
EXHIBIT "A"
The 1,100 foot pier referred to in this agreement shall be the pier located on the following
described premises situated in Harris County, Texas, to-wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K.Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
southeast side of an existing parking lot for the POINT OF TERMINUS.
Pier Concession Agreement, REVISED, 0117 Concession Agreement, page 9of 9
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Brian SterlingBrian SterlingSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.Draft Municipal Water Service AgreementDraft Municipal Water Service Agreement
2.Previous Agenda Item for MWSA (1Previous Agenda Item for MWSA (1--2525--10)10)
3.Area MapArea Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Mr. Richard Kimes, owner of 9515 Spencer Highway in Deer Park has requested water service from the Mr. Richard Kimes, owner of 9515 Spencer Highway in Deer Park has requested water service
from the
City of La Porte through a Municipal Water Service Agreement. The City of Deer ParkCity of La Porte through a Municipal Water Service Agreement. The City of Deer Parks water s water
distribution system does not currently extend to serve the subject site. distribution system does not currently extend to serve the subject site.
The site has previously received water service from La Porte under a Municipal Water Service The site has previously received water service from La Porte under a Municipal Water Service
Agreement between the owner, the City of Deer Park and the City La Porte. Council last approved Agreement between the owner, the City of Deer Park and the City La Porte. Council last
approved
renewal of the agreement in 2010. However, the agreement expired in 2015. At the time the last renewal of the agreement in 2010. However, the agreement expired in 2015. At the time
the last
agreement expired. agreement expired.
Staff has reviewed the ownerStaff has reviewed the owners request and has determined that the City has the ability and capacity to s request and has determined that the City has the
ability and capacity to
provide service to the subject site under the same terms as the previous agreement. provide service to the subject site under the same terms as the previous agreement. provide service
to the subject site under the same terms as the previous agreement. provide service to the subject site under the same terms as the previous agreement.
Under the previous agreement, the City billed the owner at one and oneUnder the previous agreement, the City billed the owner at one and one--half (1half (1--1/2) times its prevailing
1/2) times its prevailing
commercial water rate and retained the right to interrupt or terminate water service to the facility at any commercial water rate and retained the right to interrupt or terminate water
service to the facility at any
time the water main or the ownertime the water main or the owners service line experienced a failure. Additionally, the property owner s service line experienced a failure. Additionally,
the property owner
assumed all liability for any damage to the Spencer Highway roadway resulting from loss of water assumed all liability for any damage to the Spencer Highway roadway resulting from loss
of water
and/or repairs conducted by the owner on his service line. The previous agreement also contained and/or repairs conducted by the owner on his service line. The previous agreement also
contained
provisions allowing the City to terminate its water service to the site in the event that the City of Deer provisions allowing the City to terminate its water service to the site in
the event that the City of Deer
Parks potable water facilities become available within twos potable water facilities become available within two--hundred (200) yards of the ownerhundred (200) yards of the owners
site. The s site. The
term of the agreement was three (3) years with an option for an additional two (2) year extension. term of the agreement was three (3) years with an option for an additional two (2)
year extension.
The new Municipal Water Service Agreement has been drafted for the term of one (1) year from the The new Municipal Water Service Agreement has been drafted for the term of one (1) year
from the
date of passage and approval of the agreement to allow sufficient time for the City of Deer Park to date of passage and approval of the agreement to allow sufficient time for the City
of Deer Park to
construct a water main extension to provide service to the subject property.construct a water main extension to provide service to the subject property.
Action Required of Council:Action Required of Council:
Consider approval or other action regarding a Municipal Water Service Agreement between the cities of Consider approval or other action regarding a Municipal Water Service Agreement
between the cities of
La Porte and Deer Park, and the owner of the facility at 9515 Spencer Highway.La Porte and Deer Park, and the owner of the facility at 9515 Spencer Highway.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
MUNICIPAL WATER SERVICE AGREEMENT
This agreement witnesseth that the City of Deer Park and the City of La Porte, both situated in Harris County,
Texas, have constructed and agreed by and between themselves as follows:
The City of La Porte agrees to furnish water from its existing municipal water distribution system to provide
water to 9515 Spencer Highway, in Deer Park, Texas. (Mailing address is 9515 Spencer Highway, La Porte, Texas)
The term of this agreement shall be one (1) year unless either City shall notify the other party to terminate in
writing at least thirty (30) days before the end of the initial one (1) year period.
The City of La Porte shall be paid by the owner of 9515 Spencer Highway, the amount of one and one-half (1-
1/2) times the prevailing commercial water rate of the City of La Porte.
The City of La Porte shall not be responsible for any repairs to the service line providing water to the property at
9515 Spencer Highway. The service line is defined as the water line from the La Porte water main on the south side of
The property owner shall be solely responsible for any and all
repairs necessary to the service line providing water to the above-referenced location. Additionally, the property owner
shall be liable and responsible for any and all damage to the roadway or for
repairs to service line, providing water to 9515 Spencer Highway.
The City of La Porte shall have the right to interrupt or terminate service at any time the water main or service
line is leaking until the line is repaired.
The owner of the property at 9515 Spencer Highway shall execute this agreement to signify his acceptance of all
the terms, conditions and liabilities herein prescribed.
IN WITNESS WHEREOF, the City of Deer Park and the City of La Porte have caused this agreement to be
signed by the respective City Managers, the said agreement having been authorized by action of the Mayor and City
Council of Deer Park taken on the _______ day of ___________________________, 2017 and by action of the Mayor
and City Council of La Porte taken on the _______ day of _________________________, 2017.
__________________________________ AGREED TO AND ACCEPTED BY:
By: Jay Stokes
City Manager of Deer Park
_____________________________
__________________________________ By: Property Owner
By: Corby D. Alexander 9515 Spencer Highway
City Manager of La Porte La Porte, Texas 77571
(In Deer Park, Texas)
AREA MAP
DEER PARK
NEAREST DEER PARK WATER MAIN
(ALONG UNDERWOOD RD.)
RD
CKS
DRI
AN
Legend
CATLETT LN
9515 SPENCER HWY
CITY LIMITS
1 inch = 300 feet
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ian ClowesIan ClowesSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.OrdinanceOrdinance
2.P&Z Recommendation LetterP&Z Recommendation Letter
3.Existing vs. Proposed Future Land Use Existing vs. Proposed Future Land Use
Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
This item is a request for consideration to amend the CityThis item is a request for consideration to amend the Citys Future Land Use Plan in conjunction with a s Future Land Use Plan
in conjunction with a
request by David Miles, Western Spherical Developers, LLC for the development of the La Porte Town request by David Miles, Western Spherical Developers, LLC for the development of the
La Porte Town
Center. This is a proposed entertainment, retail/service, and residential mixedCenter. This is a proposed entertainment, retail/service, and residential mixed--use development located
use development located
on State Highway 146 north of Wharton Weems Boulevard on a 40 acre tract of land known as Tracts 1 on State Highway 146 north of Wharton Weems Boulevard on a 40 acre tract of land known
as Tracts 1
and 1L, Johnson Hunter Survey, Abstract 35.and 1L, Johnson Hunter Survey, Abstract 35.
The Citys Future Land Use Plan (FLUP) identifies the subject property as s Future Land Use Plan (FLUP) identifies the subject property as Low Density Residential,Low Density Residential,
Commercial,Commercial, Mixed Use,Mixed Use,and and Mid to High Density ResidentialMid to High Density Residentialland uses. In order to accommodate land uses. In order to
accommodate
the proposed development, the FLUP would need to be amended to remove the the proposed development, the FLUP would need to be amended to remove the Low Density Low Density
Residential,and to reconfigure the existing and to reconfigure the existing CommercialCommercialuse (for proposed hotel, entertainment use (for proposed hotel, entertainment
center, and retail and restaurant pad sites), center, and retail and restaurant pad sites), center, and retail and restaurant pad sites), center, and retail and restaurant pad sites),
Mixed UseMixed UseMixed UseMixed Useuse (for the proposed liveuse (for the proposed liveuse (for the proposed liveuse (for the proposed live----work units), and work units),
and work units), and work units), and MidMid--
to High-Density ResidentialDensity Residential((for the proposed townhome units). The subject site is zoned PUD, for the proposed townhome units). The subject site is zoned PUD,
Planned Unit Development, which allows for the uses proposed in the development. Planned Unit Development, which allows for the uses proposed in the development.
The Planning and Zoning Commission reviewed this request at the January 31, 2017, meeting and voted The Planning and Zoning Commission reviewed this request at the January 31, 2017,
meeting and voted
to unanimously recommend approval of the proposed modifications to the Future Land Use Plan.to unanimously recommend approval of the proposed modifications to the Future Land Use Plan.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve an Ordinance amending the Cityto approve an Ordinance amending the Citys Future Land Use Plan for a 40 acre tract of land s Future Land Use Plan for a 40 acre tract of land
known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State known as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35, generally located on State
Highway 146 north of Wharton Weems Boulevard and as depicted in the attached exhibit.Highway 146 north of Wharton Weems Boulevard and as depicted in the attached exhibit.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
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9ǣźƭƷźƓŭʹ
tƩƚƦƚƭĻķʹ
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:February 27, 2017 Appropriation:
Requested By: Ian Clowes Source of Funds: N/A
Department: Planning and Development Account Number: N/A
Report: __X __Resolution: _____Ordinance: _X___Amount Budgeted: N/A
Exhibits: Amount Requested: N/A
Ordinance and SCUP
P&Z Recommendation Letter Budgeted Item: N/A
Applicant Information and Request
La Porte Town Center General Plan
Area/Zoning Map
Land Use Map
_____________________________________________________________________________________
SUMMARY & RECOMMENDATION
The applicant, David Miles of Western Spherical Developers, LLC, is seeking approval of a Special
Conditional Use Permit (SCUP) to allow construction of an entertainment, commercial and
residential mixed use development on a 40 acre tract described as Tracts 1 and 1L, Johnson Hunter
Survey, Abstract 35, La Porte, Harris County, Texas. The proposed development, being called the La
Porte Town Center, includes a mix of land uses. The applicant received approval for a 20 acre SCUP
on this same site for the same uses back in January of 2016. That SCUP has since expired due to
inactivity. The applicant has now returned with an expanded SCUP which will include the original
20 acres with the addition of 20 acres to the north.
The following is a breakdown of land uses outlined by the applicant in the attached project
description letter:
62,000 square foot entertainment center
20,000 square foot conference, theater and museum
90,000 square foot retail cluster
50,000 square feet of office space
30,000 square foot Portrait of a Warrior Memorial Art Gallery
14 brownstone townhomes
12 live-work units
72 townhome units
14 brownstone units
114 room hotel
2 acres of park and water features
The site is zoned Planned Unit Development (PUD) and is currently undeveloped. Development
within the PUD district requires approval of a SCUP as consideration for the proposed use of the site.
The property is located on the east side of State Highway 146 north of Wharton Weems. The city’s
Future Land Use Plan currently identifies this site as “Low Density Residential” uses. There is an
agenda item on this Council agenda for modification to the Future Land Use Plan.
The proposed SCUP outlines land uses permitted with reference to the La Porte Town Center
General Plan, which was approved by the Planning and Zoning Commission at the January 31, 2017,
special meeting. There are uses permitted in the GC, General Commercial, District that have been
excluded from this proposed development, which generally are those more intense commercial uses.
The Planning and Zoning Commission conducted a public hearing at the January 19, 2017, meeting
concerning this request. The Commission voted to table the item in order to allow for more time to
review the proposal. A special meeting of the Planning and Zoning Commission was held on January
31, 2017 to discuss the tabled item. At that meeting, the commission voted to unanimously
recommend approval of the proposed SCUP subject to the following conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the
City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter
106, “Zoning” of the City’s Code of Ordinances and all other department reviews and
applicable laws and ordinances of the City of La Porte and the State of Texas.
2.All buildings shall meet or exceed the Design Standards outlined in Article IX, Chapter 106
of the Code of Ordinances.
3.Land uses permitted in accordance with the La Porte Town Center General Plan, as may be
amended from time-to-time. Any modifications to the approved General Plan require
approval by the Planning and Zoning Commission in accordance with the city’s Development
Ordinance.
4.Land uses permitted in the commercial area (all areas excluding residential land uses) shall be
in accordance with the uses permitted in Chapter 106, Zoning, of the city’s Code of
Ordinances Use Chart under GC (General Commercial) at the effective date of this SCUP,
excluding the following uses:
a.Automobile repair and maintenance (811111-811198);
b.Construction, Mining and Forestry Machinery and Equipment Rental and Leasing
(532412);
c.Office Machinery and Equipment Rental and Leasing (532420);
d.Other Commercial and Industrial Machinery and Equipment Rental and Leasing
(532490);
e.Transit and Ground Passenger Transportation (485111-485999);
f.Motor Vehicle Parts and Dealers (441110-441228);
g.Furniture and Related Product Manufacturing (337110-337122);
h.Construction of Buildings (236115-236118);
i.Contractors (238110-238390).
5.The commercial area shall be developed in accordance with the requirements for the General
Commercial zone district. However, if the developer desires to subdivide the commercial
area, then setbacks shall be as follows: external property line adjacent to Highway 146 – 25
feet; external property line adjacent to north and south public right-of-way – 10 feet; internal
property lines – 0 feet.
6.The residential land uses identified in the General Plan as “Townhouse” shall be constructed
in accordance with the requirements outlined in Section 106-333 of the Code of Ordinances
and applicable building code requirements and shall be limited to townhouse development
only – not multifamily apartments or condominiums. The townhouse development may
exceed the (12) twelve unit maximum for attached units and front setbacks for the townhouse
development shall be permitted at a minimum of 5 feet from the front property line.
7.Additionally, the “Live-Work” units are permitted and shall comply with applicable setbacks
that would be required for buildings in the Main Street Overlay District. If an attached garage
is provided, then the rear setback for the building shall be 5 feet.
8.The perimeter boundaries of the property along the north and south property lines shall
include the installation of an 8-foot high solid masonry fence intended to mitigate the impact
of development on future residential development, as identified in the city’s Future Land Use
Plan. Additionally, shade trees shall be planted at 20’ on center along the fence line. If land
uses on the adjacent properties are modified in the future allowing for similar uses, then such
fence and landscaping shall not be required. The northern fence shall be included and
constructed as part of the first set of construction plans approved by the city, while the
southern fence shall be constructed prior to the completion of the final phase of development.
If at any time the property to the south of the proposed development is developed for single
family residential, the southern boundary fence must be constructed at that time regardless of
which phase of development the project is in.
9.In lieu of a fence along the eastern boundary of the project, the developer shall be required to
plant shade trees, at a minimum 3” caliper and 20’ on center. In addition to the shade trees,
shrubs shall be planted at no less than 5 gallon in size with a minimum spacing of 3’ on
center. These plantings are required along the entire length of the eastern boundary and shall
be in place prior to the completion of Phase II of the development.
10.The applicant shall install the segment of the city’s Hike and Bike Trail through the
development area as identified in the city’s Comprehensive Plan. The construction of the trail
shall be in accordance with all applicable requirements and specifications required by the City
Engineer. Additionally, following construction of the Hike and Bike Trail, the developer shall
dedicate to the City of La Porte a permanent public trail easement 20’ on center for the Hike
and Bike Trail.
11.The developer shall provide internal connection between the city’s Hike and Bike Trail to the
development.
12.The developer shall work with staff at the time of site plan review to minimize the amount of
parking stalls along the Highway 146 frontage. This should be accommodated by relocating
buildings in a manner that places parking on the side of the building or internal to the
development. If this is not possible, the developer may install planter islands at 1 per 10
spaces for both rows of parking along a drive aisle parallel to Highway 146. Additionally,
hedges shall be planted at 3-foot on center in two rows of plantings. Such hedge row shall be
installed with a variety of plant material to provide visual diversity of plant materials.
13.For the commercial portion of the development, parking shall be calculated based on the
aggregate amount of parking required and proposed; joint parking is allowed. Additionally
the applicant may include on-street parking, only where permitted by the city, toward the
amount of parking provided for the development.
14.Parking is not permitted within any alley right-of-way.
15.The developer will be required to replat the subject property in accordance with the
requirements of the city’s code requirements.
16.All public streets internal to the development site shall be constructed in accordance with the
city’s Public Improvement Criteria Manual and shall be dedicated to the city. Regardless of
phasing of the development, any dedication of public improvements identified as part of the
plat must be accepted by the city prior to the recordation of the Final Plat. Should the
developer desire to construct such public streets at a later time, then a development agreement
shall be required between the city and developer that provides a financial guarantee, as
approved by the city, that will ensure that said public roads will be installed and a date for
which those improvements must be made.
17.Parking on any public street shall only be permitted on one side of the street and shall be
signed by the developer in accordance with applicable sign requirements.
18.Access to any public right-of-way is subject to the requirements of Section 106-835, Figure
10-3 and will be reviewed at the time of Site Development Plan. TXDOT right-of-way access
permits shall be presented prior to permit issuance for all driveways requested on Highway
146. Maximum driveway widths shall be provided in compliance with city code requirements.
19.The developer will be required to submit for approval by the City Engineer, a drainage report
indicating how the proposed development will accommodate the requirements for storm
water detention in accordance with the city’s Public Improvement Criteria Manual, or if
discharging in a TXDOT or Harris County system, approval by such authority.
20.Because Highway 146 has been identified as a significant corridor in the community, the
developer shall work with the Planning and Zoning Commission at the time of site plan
review on a landscape theme along the Highway 146 frontage. Such theme shall be above and
beyond the requirements outlined in Section 106-800 of the city’s Code of Ordinances.
21.All necessary documentation for building permit review must be submitted in conjunction
with the city’s building permit application process.
22.A traffic impact analysis, performed by a licensed engineer agreed to by both the City and the
applicant, shall be required. If any mitigation is required by the study, the applicant will be
responsible for their proportion of the impact. All contributions would be subject to
reimbursement through the TIRZ, pursuant to approval by the TIRZ Board.
23.If extension of any public water or sanitary sewer line is required as part of this development,
the applicant will be required to execute a utility extension agreement with the city and install
such improvements at the cost of the developer.
24.Any substantive modifications to this Special Conditional Use Permit will require an
amendment to this SCUP in accordance with Chapter 106, “Zoning” of the City’s Code of
Ordinances.
25.The hours of operation for the family entertainment center shall be 10:00 a.m. to 12:00 a.m.
Sunday through Thursday and 10:00 a.m. to 2:00 a.m. on Friday and Saturday. There may be
up to two days in a calendar month where the family entertainment center may remain open
from 10:00 a.m. to 2:00 a.m. during the week in order to accommodate special performances.
The operator of the family entertainment center will be responsible for informing the city in
writing at least one (1) week before such event.
26.The residential townhouses are required to be platted as part of the first phase of the
development. A minimum of seven (7) townhouse units are required to be available for
development as part of the initial phase of development.
27.A photometric plan will be required at the time of site plan submittal that will identify site
lighting and the lumens proposed across the site. Lighting will need to be in compliance with
the requirements of Section 106-310, Footnote A, of the city’s Code of Ordinances.
28.No development permits shall be issued for any work within the 40 acre project prior to
the applicant obtaining construction permits and commencing construction of the
required drainage interconnect under Wharton Weems Blvd. This interconnect is meant
to connect two existing detention basins and is vital to the entire project’s overall
drainage system.
Action Required by Council:
1.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve an ordinance approving Special Conditional Use Permit Request #16-91000004, to
allow construction of an entertainment, commercial and residential mixed use development on a 40
acre tract described as Tracts 1 and 1L, Johnson Hunter Survey, Abstract 35.
Approved for City Council Agenda
___________________________________ _______________________
Corby D. Alexander, City Manager Date
AREA MAP
SCUP REQ. #16-91000004
W I ST
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NC
1 inch = 1,000 feet
SCUP REQ. #16-91000004
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LITTLE CEDAR BAYOU DR
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LOCATION OF
PROPERTY
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Legend
NC
LOW-DENSITY RESIDENTIAL
PO
MID-HIGH DENSITY RESIDENTIAL
NEIGHBORHOOD COMMERCIAL
COMMERCIAL
SANDEL
JUN
IPER
MHDR
BUSINESS INDUSTRIAL
PI
LIGHT INDUSTRIAL
CO
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MC CABE R
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MC CAB
HEAVY INDUSTRIAL
PARKS AND OPEN SPACE
PUBLIC / INSTITUTIONAL
1 inch = 1,000 feet
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ian ClowesIan ClowesSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.OrdinanceOrdinance
2.P&Z Recommendation LetterP&Z Recommendation Letter
3.Applicant InformationApplicant Information
4.Zoning MapZoning Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant, Justin Bennett of DCT La Porte LLC, owns an 8.3 acre tract of land north of SH 225 and The applicant, Justin Bennett of DCT La Porte LLC, owns an 8.3 acre tract of land
north of SH 225 and
is requesting consideration of the proposed zone change from Business Industrial (BI) to Light Industrial is requesting consideration of the proposed zone change from Business Industrial
(BI) to Light Industrial
(LI). This will allow for their existing warehouse/logistics use on site to be in conformance with their (LI). This will allow for their existing warehouse/logistics use on site to be
in conformance with their
zoning designation. The legal description of the subject property Tracts 30A and 31A, Strang zoning designation. The legal description of the subject property Tracts 30A and 31A, Strang
Subdivision, Harris County, Texas. The subject site is located on the north side of SH 225 east of Subdivision, Harris County, Texas. The subject site is located on the north side of
SH 225 east of
Independence Pkwy. The tract has an existing warehouse/logistics facility on site.Independence Pkwy. The tract has an existing warehouse/logistics facility on site.
The Planning and Zoning Commission conducted a public hearing concerning this request at the The Planning and Zoning Commission conducted a public hearing concerning this request at
the
January 19, 2017, meeting. There were no responses received from surrounding property owners. After January 19, 2017, meeting. There were no responses received from surrounding property
owners. After
conducting a public hearing on the matter, the Commission voted to recommend approval of the conducting a public hearing on the matter, the Commission voted to recommend approval of
the
proposed zone change.proposed zone change.proposed zone change.proposed zone change.
The Commission found that the proposed zone change is consistent with the development pattern on The Commission found that the proposed zone change is consistent with the development
pattern on
the north side of SH 225, most of which is outside of the city limits and part of the Battleground Industrial the north side of SH 225, most of which is outside of the city limits and
part of the Battleground Industrial
District.
The subject site is currently zoned Business Industrial (BI) and the CityThe subject site is currently zoned Business Industrial (BI) and the Citys adopted Future Land Use Map s adopted
Future Land Use Map
identifies it as Light Industrial use. The rezoning of the subject property to LI would bring this property identifies it as Light Industrial use. The rezoning of the subject property
to LI would bring this property
into conformance with the Future Land Use Plan.into conformance with the Future Land Use Plan.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve an ordinance for zone change request #16to approve an ordinance for zone change request #16--92000004, for the rezoning of an 8.3 acre 92000004, for the rezoning of an 8.3
acre
tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts 30A tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts
30A
and 31A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI).and 31A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI).
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
ZONING
#16-92000004
PROP. REZONE
BI
FROM BI to LI
STRANG RD
LI
E 13TH ST
PORTER RD
PUD
E X ST
LEGEND
GC
PUD
Zoning
BUSINESS INDUSTRIAL
LIGHT INDUSTRIAL
LLD
PLANNED UNIT DEVELOPMENT
GENERAL COMMERCIAL
GC
LARGE LOT DISTRICT
1 inch = 1,000 feet
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ian ClowesIan ClowesSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.OrdinanceOrdinance
2.P&Z Recommendation LetterP&Z Recommendation Letter
3.Applicant InformationApplicant Information
4.Zoning MapZoning Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant, Justin Bennett of DCT La Porte LLC, owns a 12 acre tract of land north of SH 225 and is The applicant, Justin Bennett of DCT La Porte LLC, owns a 12 acre tract of land
north of SH 225 and is
requesting consideration of the proposed zone change from Business Industrial (BI) to Light Industrial requesting consideration of the proposed zone change from Business Industrial (BI)
to Light Industrial
(LI). This will allow for their existing warehouse/logistics use on site to be in conformance with their (LI). This will allow for their existing warehouse/logistics use on site to be
in conformance with their
zoning designation. The legal description of the subject property Tracts 17zoning designation. The legal description of the subject property Tracts 17--1A and 18A, Strang 1A and 18A,
Strang
Subdivision, Harris County, Texas. The subject site is located on the north side of SH 225 east of Subdivision, Harris County, Texas. The subject site is located on the north side of
SH 225 east of
Independence Pkwy. The tract has an existing warehouse/logistics facility on site.Independence Pkwy. The tract has an existing warehouse/logistics facility on site.
The Planning and Zoning Commission conducted a public hearing concerning this request at the The Planning and Zoning Commission conducted a public hearing concerning this request at
the
January 19, 2017, meeting. There were no responses received from surrounding property owners. After January 19, 2017, meeting. There were no responses received from surrounding property
owners. After
conducting a public hearing on the matter, the Commission voted to recommend approval of the conducting a public hearing on the matter, the Commission voted to recommend approval of
the
proposed zone change.proposed zone change.proposed zone change.proposed zone change.
The Commission found that the proposed zone change is consistent with the development pattern on The Commission found that the proposed zone change is consistent with the development
pattern on
the north side of SH 225, most of which is outside of the city limits and part of the Battleground Industrial the north side of SH 225, most of which is outside of the city limits and
part of the Battleground Industrial
District.
The subject site is currently zoned Business Industrial (BI) and the CityThe subject site is currently zoned Business Industrial (BI) and the Citys adopted Future Land Use Map s adopted
Future Land Use Map
identifies it as Light Industrial use. The rezoning of the subject property to LI would bring this property identifies it as Light Industrial use. The rezoning of the subject property
to LI would bring this property
into conformance with the Future Land Use Plan.into conformance with the Future Land Use Plan.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve an ordinance for zone change request #16to approve an ordinance for zone change request #16--92000005, for the rezoning of a 12 acre 92000005, for the rezoning of a 12 acre
tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts 17tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts
17-1A
and 18A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI).and 18A, Strang Subdivision from Business Industrial (BI) to Light Industrial (LI).
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
ZONING
#16-92000005
PROP. REZONE
FROM BI to LI
BI
STRANG RD
LI
E 13TH ST
PORTER RD
PUD
E X ST
LEGEND
GC
PUD
Zoning
BUSINESS INDUSTRIAL
LIGHT INDUSTRIAL
LLD
PLANNED UNIT DEVELOPMENT
GENERAL COMMERCIAL
GC
LARGE LOT DISTRICT
1 inch = 1,000 feet
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ian ClowesIan ClowesSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.OrdinanceOrdinance
2.P&Z Recommendation LetterP&Z Recommendation Letter
3.Applicant InformationApplicant Information
4.Zoning MapZoning Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant, Steve Hess of Exel Logistics Dist. Corp., owns a 13.2 acre tract of land north of SH 225 The applicant, Steve Hess of Exel Logistics Dist. Corp., owns a 13.2 acre tract
of land north of SH 225
and is requesting consideration of the proposed zone change from Business Industrial (BI) to Light and is requesting consideration of the proposed zone change from Business Industrial
(BI) to Light
Industrial (LI). This will allow for the construction of an additional warehouse/logistics facility on site. The Industrial (LI). This will allow for the construction of an additional
warehouse/logistics facility on site. The
proposed use is currently not a permitted use within the BI zoning district but is permitted in LI. The legal proposed use is currently not a permitted use within the BI zoning district
but is permitted in LI. The legal
description of the subject property Tracts 30 and 31 and Tracts 17A and 18, Strang Subdivision, Harris description of the subject property Tracts 30 and 31 and Tracts 17A and 18, Strang
Subdivision, Harris
County, Texas. The subject site is located on the north side of SH 225 east of Independence Pkwy. The County, Texas. The subject site is located on the north side of SH 225 east of Independence
Pkwy. The
tract is currently undeveloped. tract is currently undeveloped.
The Planning and Zoning Commission conducted a public hearing concerning this request at the The Planning and Zoning Commission conducted a public hearing concerning this request at
the
January 19, 2017, meeting. There were no responses received from surrounding property owners. After January 19, 2017, meeting. There were no responses received from surrounding property
owners. After
conducting a public hearing on the matter, the Commission voted to recommend approval of the conducting a public hearing on the matter, the Commission voted to recommend approval of
the conducting a public hearing on the matter, the Commission voted to recommend approval of the conducting a public hearing on the matter, the Commission voted to recommend approval
of the
proposed zone change.proposed zone change.
The Commission found that the proposed zone change is consistent with the development pattern on The Commission found that the proposed zone change is consistent with the development
pattern on
the north side of SH 225, most of which is outside of the city limits and part of the Battleground Industrial the north side of SH 225, most of which is outside of the city limits and
part of the Battleground Industrial
District.
The subject site is currently zoned Business Industrial (BI) and the CityThe subject site is currently zoned Business Industrial (BI) and the Citys adopted Future Land Use Map s adopted
Future Land Use Map
identifies it as Light Industrial use. The rezoning of the subject property to LI would bring this property identifies it as Light Industrial use. The rezoning of the subject property
to LI would bring this property
into conformance with the Future Land Use Plan.into conformance with the Future Land Use Plan.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve an ordinance for zone change request #16to approve an ordinance for zone change request #16--92000006, for the rezoning of a 13.2 acre 92000006, for the rezoning of a 13.2
acre
tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts 30 tract located on the north side of SH 225 east of Independence Pkwy., described as Tracts
30
and 31 and Tracts 17A and 18, Strang Subdivision from Business Industrial (BI) to Light Industrial and 31 and Tracts 17A and 18, Strang Subdivision from Business Industrial (BI) to Light
Industrial
(LI).
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
ZONING
#16-92000006
PROP. REZONE
FROM BI to LI
BI
STRANG RD
LI
E 13TH ST
PORTER RD
PUD
E X ST
LEGEND
GC
PUD
Zoning
BUSINESS INDUSTRIAL
LIGHT INDUSTRIAL
LLD
PLANNED UNIT DEVELOPMENT
GENERAL COMMERCIAL
GC
LARGE LOT DISTRICT
1 inch = 1,000 feet
REQUESTFORCITYCOUNCILAGENDAITEM
AgendaDateRequested:February27,2017Appropriation
RequestedBy:RosalynEptingSourceofFunds:N/A
Department:Parks&RecreationAcctNumber:
Report:XResolution:Ordinance:AmountBudgeted:
Exhibits:RedlinedProposedAgreementAmountRequested:
Exhibits:FinalVersionofProposedAgreementBudgetedItem:YESNO
Exhibits:
SUMMARY&RECOMMENDATION
Currently,theLaPorteBoysBaseballAssociation(LPBBA)hasanagreementthatwassignedinAugust2014.
Thetermwasforfive(5)years,withanoptiontorenewforanotherfive(5)yearsattheendoftheinitialterm
agreement.Duetoissuesthatsurfacedwithinthelastyear,staffhasbeenaskedtoworkonanewagreement
for\[t..!ƭuseofCityfields.OnmultipleoccasionsstaffmetwithLPBBAtodiscussfutureoperationsand
theagreementathand.Aftermeetingwiththem,anewagreementwasdrafted.Thatagreementwasthen
senttocouncilfortheirinputpriortothisCouncilMeeting.Theinputwasreceivedandtheagreementwas
revisedtoreflectthoserequests.LPBBAhasnothadinputontheadditionalCouncilrequests,buttheywill
bepresentattheCouncilMeetingtodiscussit.
Theattachedexhibitshowstheproposedchangestotheoldagreement.Allchangeshavebeenshowninred.
Highlightsoftheproposedchangesare:
1.Useislimitedtorecreationleagueplayonly(nonselect,noncompetitive,exceptforFallSunday
SelectLeague).
2.Fairmontwasremovedasanoptionforthemtobeguaranteedpracticetimeandpriorityusage.
3.Intheeventofrainouts,theCitywillalwaysmakethedecisiontoclosefields.
4.LPBBAwillonlybeallowedtosubcontractamaximumof10tournamentsayear.
5.Nonleagueplaytournamentdepositswillmatchallschedulesandrosters.
ateofinsurancewiththesame
6.Nonleagueplaytournamentswillprovideacurrentcertific
requirementsastheassociation.
7.Ten(10)percentofallnonleagueplaytournamententryfeeswillbepaidtotheCitywithintwo(2)
weeksofthetournament.
8.Foradditionalfieldmaintenancerequestedduringtournaments,LPBBAwillpaytheCity$30perfield,
pertimetheyareprepared.
9.LPBBAwillberesponsibleforanyroutinemarking,raking,lightdragging,andwatering.
10.LPBBAwillpaythecity$500amonthforfieldmaintenanceeachmonth,providedtheyhavethe
opportunitytogiveinputonfieldmaintenance
11.Forconcessions,newoperatingcashcontrolswereoutlinedonpagethree(3)(pointofsalesystem,
deposits,inventory,staffpay,etc.)
12.Page3outlinesumpiresanddiscusseshowLPBBA agreestouseathirdpartyvendor/umpireassociation.
TheAssociationwillthenfiletheappropriate1099andanyotherrequiredIRSfilings.Paymentstovendor
shallreconciletogameschedules.
13.Outfieldsignagewaspreviouslylimitedtonomorethanfive(5)signsperfield,nowsignsareallowed
onthefencebetweenthefoulpoles.Also,2signsmaybeaddedtothebackstopsabovethecross
bar.
14.LPBBAisrequiredtomaintainawrittenpolicyoncriminalbackgroundchecks,andeveryonemustbe
checkedonanannualbasis.
15.Theagreementtermisone(1)year.
16.Allchecksrequiretwo(2)signatures.
17.LPBBAwillfurnishtheCityalogonintotheregistrationsystemtomatchdepositswithregistrations.
18.IftheCityrequestspaperdocuments,itmustbeprovidedwithinthree(3)workingdays.
19.FundsobtainedbyLPBBAwillbeusedforLeaguepurposesonlyandthebylawsshallbeamended
tostatethataswell.
StaffrecommendsthatCouncildiscussthechanges,giveinputonadditionalchanges,andhearanyrequests
fromLPBBA.
ActionRequiredbyCouncil:
ConsiderapprovalorotheractionauthorizingtheCityManagertoexecuteanagreementbetweenthe
CityofLaPorteandLaPorte.ƚǤƭBaseballAssociation.
ApprovedforCityCouncilAgenda
___________________________________________________________
CorbyD.Alexander,CityManagerDate
AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS
AND THE LA PORTE BOY’S BASEBALL ASSOCIATION
REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES
BECAUSE, the City of La Porte, Texas (the “City’) is the owner and operator of various
youth baseball facilities as part of the parks and recreational facilities of the community; and
Because, the La Porte Boy’s Baseball Association (the “Association”) has provided the
organization of youth baseball teams, conducted instructional league and tournament play for the
youth of La Porte for many years, and has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at the various youth
baseball facilities owned by the City; and
Because, the City wishes to recognize and commend the Association for its
contributions to youth recreation and health in the community, its support, and funding that has
been provided by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the
mutual covenants, agreements and benefits to both parties, it is agreed as follows:
I.
The City will provide limited use of the youth baseball facilities as described in “Exhibit A” which is
attached and herein as if set out herein verbatim, and included as a part of this Agreement, to the
Association for conduct of its league games, practice games, league/team practices, tournament
games, and league playoff games from the first week in February through the last weekend in
December for each year that this Agreement is in effect. Use is limited to recreational league play
only (non-select, non-competitive, except for Fall Sunday Select League) Monday through Sunday,
from 7:00am until 11:00pm each day for Pecan Park. The Association shall have exclusive right and
responsibility for scheduling, organizing and conducting youth baseball league games, practice
games, league/team practices, tournament games, and league playoff games at the youth baseball
facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance
purposes, for inclement weather, or other reasonable cause.For rainouts, the City will make the
decision to close fields. The fields at Fairmont Park are now designated primarily for practice use.
Any scheduled tournament games to be held at Fairmont Park will require the written permission of
the Director of Parks & Recreation or his/her designee, and such approval shall not be unreasonably
withheld. The number of tournaments eligible to be subcontracted by the Association to third party
entities for Pecan Park will be limited to ten (10) per calendar year, in addition to Association
tournaments. All non-league play tournaments will provide a tournament schedule and team rosters
that will be turned into the City to be matched with all deposits from said tournament. Any non-
league play tournaments will provide a current certificate of insurance with the same requirements
as outlined for the Association in Section VIII of this Agreement. Ten (10) percent of all non-league
play tournament entry fees will be paid to the City by the Association within two (2) weeks of the
completion of the tournament. If additional field maintenance is required during tournaments, the
Page 1of 9
Association will pay the City $30 per field, per time the fields are prepared.The Association will
schedule no more than four tournaments annually that utilize the practice fields at Fairmont Park.
No tournament games at Fairmont Park may be scheduled to begin before 7:00am, nor after 8:00pm
on Saturday; or begin before 9:00am, nor after 6:00pm on Sunday.
II.
The City will assume limited responsibility for maintenance of all structures located on City property
at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking,
light dragging, watering and other field preparation as set out herein, the City will assume
responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major
field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be
responsible for routine marking, raking, light dragging, watering and other field preparation as
necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations
related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. In
exchange for grounds maintenance to be undertaken by City under this paragraph, the Association
st
will pay the City $500.00 per month, payable on the 1 of the month, February-October. In
connection with payment of this fee, the Association will have the opportunity to give input on the
field maintenance. The Association will continue to purchase red dirt at a minimum of five (5) loads
annually, if needed.
The City has also provided an open air pavilion containing restroom, storage, and concession
facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan
Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession
facilities, theMaintenance facility for City use with designated storage area for the Association, the
satellite storage building, and any permanent attachments to said facilities, are the property of the
City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession
booth. It will be available for tournament or practice use by the Association for portable food and
drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility
service to the concession/restroom, and storage structure’s various components including,electrical,
plumbing, roofing, and other systems that contribute to their safe and efficient operation. The
restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park
and is the property of the City. The City will provide daily weekday custodial services for the restroom
facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking
spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served
basis.
Ill.
The Association agrees to operate the concession facility exclusively and to provide materials,
equipment, supplies, and personnel necessary for operation. Further, the Association is responsible
for furnishing equipment for the batting cages and concession stands at the youth baseball facilities,
including but not limited to the following: pitching machines, microwaves, refrigerators, ice
machines, freezers and all other electrical appliances. The Association is responsible for maintenance
Page 2of 9
of all furnished equipment in the concession stand and batting cages and turfmaintenance inside
and around the batting cages. The Association agrees to clean the restroom facilities at its expense,
in addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use
of the facilities particularly including tournament use, to assure that the restrooms are clean and
operable. The Association agrees to clean the concession portion of the facility at its expense. All
revenues produced by batting cages and concession operations shall belong to the Association. The
Association is responsible for meeting all applicable laws, ordinances, and codes regarding the
following: sales tax, safety, and any other issue relative to concession operations, batting cage
operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use,
sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property.
The Association agrees to the following concession operations processes:
A Point of Sale system will be used to maintain all inventory and sales.
A Point of Sale System will be used for all mobile sales.
Concessions workers making $600 or more a year will receivea 1099, unless they are hired
through a staffing company.
Deposits will be made the next business day,
All monies will be kept in the safe until deposited.
City staff will spot check all concessions deposits and/or inventory monthly, at a minimum.
When dealing with umpires, the Association agrees to use a third party vendor/umpire association.
The Association will then file the appropriate 1099 and any other required IRS filings. Payments to
vendor shall reconcile to game schedules.
In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified
herein, the Association may schedule annually up to a maximum of eight (8) additional days for
“Sunday Only” use of the Fairmont Park fields for overflow league games if needed. Association must
provide the dates of the days to be used for the overflow league games to the City at least thirty (30)
day prior to commencement of the league. Rainout days will be allowed provided that notice is given
of the rainouts as they occur. The Association agrees to provide all field preparation necessary to
conduct said league games. Further, the Association agrees to remove all litter and trash associated
with the league games and deposit them off-site. The Association agrees to clean and stock
restrooms at its expense for the league games. The City agrees to provide its standard level of
maintenance for the league games, any maintenance over and above those responsibilities identified
herein, will be the responsibility of the Association for the league games.
IV.
The Association is granted the right to solicit advertising boards for the outfield fencing at the ten
baseball fields at Pecan Park. Per the architect’s recommendation, signs placed on the fencing are
limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield
fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above
the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the
view. The City reserves the right to review and approve potential advertisers and sign content prior
to installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields
#1, #8, #9 and #10. All revenues generated by the advertising boards shall be the property of the
Page 3of 9
Association.
V.
Batting cages shall not be open for use by the general public by the Association under any
circumstances, unlessthe City gives its prior written permission, which permission shall not be
unreasonably withheld.In any event, if the Association receives permission to open said batting
cages to the public, such use shall be under the strict supervision of the Association. All provisions
herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of
other baseball facilities by the public will be limited to the following conditions: (a) During the period
not covered by this Agreement, the public shall have the right to use the various youth baseball
facilities for pickup games at any time during park operating hours, except when the City is
conducting maintenance or construction at the various facilities; and (b) During the period covered
by this Agreement, the public shall have the right to play pickup youth baseball or other field sports
games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours
when no practice game, league game, tournament game, or playoff game is scheduled; or the fields
have not been Specially Prepared for such games (Special Preparation shall include marking,
dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate
use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorney’s fees which may be asserted against or incurred by the City arising, directly or indirectly,
from any activities conducted or services performed by the Association under this agreement, or
from any event occurring on the premises owned by the City during any period in which activities are
being performed, conducted, or sponsored on the premises by the Association.
VII.
The City shall indemnify and hold harmless the Association, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorney’s fees which may be asserted against or incurred by the Association arising, directly or
indirectly from any activities conducted or services performed by the City pursuant to this
agreement, or from any event occurring on the premises owned by the City during any period in
which activities are being performed, conducted, or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term of this agreement, a comprehensive general
liability policy, with the City named as Additional Named Insured, with limits of liability of not less
than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage
per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30)
days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude
Page 4of 9
participants in the Association’s scheduled or unscheduled activities at the facilities. Other policy
exclusions are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements contained in this
Agreement.
IX.
The Association shall maintain a written policy on criminal background checks by March1, 2017. All
board members, coaches, employees, and volunteers shall be background checked on an annual
basis.
X.
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or
any part, to any person, partnership, company, corporation, club or association without prior written
consent of the City of La Porte.
XI.
This instrument contains the entire Agreement between the parties relating to the rights granted in
the Agreement and the obligations assumed as a part of the Agreement. Any representations or
modifications concerning this Agreement shall have no force or effect unless modified in writing, and
signed by each party to the Agreement.
XII.
This Agreement shall be in force for a period of one (1) year, beginning with the date of its execution
by both parties. During the term of this agreement, the Association and the City may enter into
separate agreements regarding future capital improvement projects or other boy’s baseball facilities
that may be contemplated in the City.
XIII.
The Association shall maintain a favorable financial position during the term of this Agreement. The
Association will provide an official annual report on the Association’s fiscal condition to the City,
comprised of a combined expense statement/balance sheet as approved by the City’s Controller and
mutually agreed to by the City and the Association along with supporting documentation. The City
reserves the right to review the internal financial control structure of the Association and to perform
other audit steps as necessary to protect its interests. The Annual Report on the Association’s Fiscal
Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide
requested financial information within the prescribed time limit will prompt a formal notification
from the City to the Association of that the agreement is in Danger of Default and a request for
satisfaction of the requirement within an additional fifteen (15) days from the date of official
Page 5of 9
notification. If the requirement for financial statement submission is not met by that time, or
arrangements to submit not made to the City’s satisfaction within that time, the agreement will be
considered in Default. During the terms of this agreement, all checks written by the Association will
be required to have two (2) signatures. Also, the Association will furnish the City a logon into the
registrationsystem so that deposits can be matched to the registrations. Should any questions arise,
the City will request paper documents that will be provided to the City within three (3) business days.
The City will spot check Association accounting at a minimum of once a month. Note that all
expendituresof Association funds will be used only for League purposes and in accordance
therewith, Association by-laws, shall be amended to so state.
XIV.
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect
the remaining portions of this Agreement.
Page 6of 9
IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to
have the effect of an original as follows:
(A)It has been executed on behalf of the City on the th day of February, 2017 by its
City Manager and attested by its City Secretary; and
(B) It has been executed on behalf the Association on the th day of February, 2017
by its President and attested by its Secretary, authorizing such execution.
CITY OF LA PORTE, TEXAS
By:
Corby D. Alexander, City Manager
ATTEST:
Patrice Fogarty, City Secretary
LA PORTE BOY’S BASEBALL
ASSOCIATION
By:
Heath Patterson, President
ATTEST:
Association Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
Page 7of 9
EXHIBIT “A”
The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington
Street, and Pecan Park, 3600 Canada Road,in La Porte, Texas, and are identified as follows:
PECAN PARK FACILITIES
Field #1 is the northernmost baseball field at the park, located on the
northeast corner of the park; bounded on the north by the Pecan
Plantation Mobile Home Park, on the east by Canada Road, and on
the west, by Field #2.
Field #2 is located immediately west of Field #1, east of Field #3, and to the
northeast of the Maintenance Facility.
Field #3 is located immediately west of Field #2, north of Field #4, and to the
northwest of the Maintenance Facility.
Field #4 is located immediately south of Field #3, north of Field #5, and to the
southwest of the Maintenance Facility.
Field #5 is located immediately south of Field #4, north of Field #6, and
directly west of the Pavilion.
Field #6 is located immediately south of Field #5, north of Field #7, and to the
southwest of the Pavilion.
Field #7 is located immediately south of Field #6, directly west of Field #8, in
the southwest corner of the park.
Field #8 is located immediately east of Field #7, and south of Field #9, and
directly west of Canada Road.
Field #9 is located north of Field #8, and southwest of Field #10, southeast of
the Pavilion, and directly west of Canada Road.
Field #10 is located directly east of Canada Road, northeast of Field #9, and
south of Field #1, southeast of the Pavilion, and directly west of
Canada Road.
Pavilion/Concession
/Restrooms are located northwest of Field #10, southwest of Field #9.
Facility Maintenance
Storage Area is located southwest of Field #2, southeast of Field #3, and northeast
of Field #4.
Page 8of 9
Satellite Storage
Building is located diagonally between and north of Fields #7 & #8, and to the
southeast of Field #6.
Batting Cages are located directly east of Field #8, directly east of Canada Road, on
the southeast corner of the park.
FAIRMONT PARK PRACTICE FACILITIES
Field #1 is the southernmost baseball field at the park, located on the
southwest corner of the park; bounded on the west by Harris County
Flood Control District ditch; on the south by the vehicle parking lot off
Farrington; on the east by Field #2; and on the north by Field #3.
Field #2 is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
Field #3 is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
Field #4 is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
Concession/Restroom
Building is located in the center of the cloverleaf formed by Fields #1 -4.
Storage Area is located east of the Concession/Restroom building, outside the
cloverleaf formed by Fields #1-4.
Page 9of 9
AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS
Deleted: AMENDED
AND THE LA PORTE BOY’S BASEBALL ASSOCIATION
REGARDING THE USE OF DESIGNATED YOUTH BASEBALL FACILITIES
BECAUSE, the City of La Porte, Texas (the “City’) is the owner and operator of various
youth baseball facilities as part of the parks and recreational facilities of the community; and
Because, the La Porte Boy’s Baseball Association (the “Association”) has provided the
organization of youth baseball teams, conducted instructional league and tournament play for the
youth of La Porte for many years, and has contributed funds in past years, which funds have been
matched by the City, toward the construction of various amenities and facilities at the various youth
baseball facilities owned by the City; and
Because, the City wishes to recognize and commend the Association for its
contributions to youth recreation and health in the community, its support, and funding that has
been provided by the Association;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the
mutual covenants, agreements and benefits to both parties, it is agreed as follows:
I.
The City will provide limited use of the youth baseball facilities as described in “Exhibit A” which is
attached and herein as if set out herein verbatim, and included as a part of this Agreement, to the
Association for conduct of its league games, practice games, league/team practices, tournament
games, and league playoff games from the first week in February through the last weekend in
December for each year that this Agreement is in effect. Use is limited to recreational league play
only (non-select, non-competitive, except for Fall Sunday Select League) Monday through Sunday,
from 7:00am until 11:00pm each day for Pecan Park. The Association shall have exclusive right and
Deleted: , and 7:00am until 9:00pm for practice at
Fairmont Park
responsibility for scheduling, organizing and conducting youth baseball league games, practice
games, league/team practices, tournament games, and league playoff games at the youth baseball
facilities listed in Exhibit A. The City reserves the right to close the fields for field maintenance
purposes, for inclement weather, or other reasonable cause. For rainouts, the City will make the
decision to close fields. The fields at Fairmont Park are now designated primarily for practice use.
Any scheduled tournament games to be held at Fairmont Park will require the written permission of
the Director of Parks & Recreation or his/her designee, and such approval shall not be unreasonably
withheld. The number of tournaments eligible to be subcontracted by the Association to third party
entities for Pecan Park will be limited to ten (10) per calendar year, in addition to Association
tournaments. All non-league play tournaments will provide a tournament schedule and team rosters
that will be turned into the City to be matched with all deposits from said tournament. Any non-
league play tournaments will provide a current certificate of insurance with the same requirements
as outlined for the Association in Section VIII of this Agreement. Ten (10) percent of all non-league
play tournament entry fees will be paid to the City by the Association within two (2) weeks of the
completion of the tournament. If additional field maintenance is required during tournaments, the
Page 1of 9
Association will pay the City $30 per field, per time the fields are prepared. The Association will
schedule no more than four tournaments annually that utilize the practice fields at Fairmont Park.
No tournament games at Fairmont Park may be scheduled to begin before 7:00am, nor after 8:00pm
on Saturday; or begin before 9:00am, nor after 6:00pm on Sunday.
II.
The City will assume limited responsibility for maintenance of all structures located on City property
at Pecan Park and Fairmont Park as set forth in this Agreement. Except for routine marking, raking,
light dragging, watering and other field preparation as set out herein, the City will assume
responsibility for maintenance and repair of fencing, parking lots, sidewalks, turf areas, and major
field maintenance at the youth baseball facilities listed in Exhibit A. The Association will be
responsible for routine marking, raking, light dragging, watering and other field preparation as
necessary, of the youth baseball facilities as listed in Exhibit A. The City will manage all operations
related to facility and grounds maintenance at the baseball facilities designated in Exhibit A. In
exchange for grounds maintenance to be undertaken by City under this paragraph, the Association
st
will pay the City $500.00 per month, payable on the 1 of the month, February-October. In
connection with payment of this fee, the Association will have the opportunity to give input on the
field maintenance. The Association will continue to purchase red dirt at a minimum of five (5) loads
annually, if needed.
The City has also provided an open air pavilion containing restroom, storage, and concession
facilities, a maintenance storage area, a satellite storage building, and two batting cages at Pecan
Park, as listed in Exhibit A. The open air pavilion containing restroom, storage, and concession
facilities, the Maintenance facility for City use with designated storage area for the Association, the
satellite storage building, and any permanent attachments to said facilities, are the property of the
City. The concession facility at Fairmont Park will no longer be in operation as a full-time concession
booth. It will be available for tournament or practice use by the Association for portable food and
drink service only. Except as set out herein in Paragraph 3 below, the City agrees to maintain utility
service to the concession/restroom, and storage structure’s various components including, electrical,
plumbing, roofing, and other systems that contribute to their safe and efficient operation. The
restroom portion of the facility is a shared facility for various uses at Pecan Park and Fairmont Park
and is the property of the City. The City will provide daily weekday custodial services for the restroom
facility and provide necessary supplies for the restroom facility. Unless specifically marked, parking
spaces at Pecan and Fairmont Parks are not reserved and are available on a first-come, first-served
basis.
Ill.
The Association agrees to operate the concession facility exclusively and to provide materials,
equipment, supplies, and personnel necessary for operation. Further, the Association is responsible
for furnishing equipment for the batting cages and concession stands at the youth baseball facilities,
including but not limited to the following: pitching machines, microwaves, refrigerators, ice
machines, freezers and all other electrical appliances. The Association is responsible for maintenance
Deleted: , air conditioners
Page 2of 9
of all furnished equipment in the concession stand and batting cages and turf maintenance inside
and around the batting cages. The Association agrees to clean the restroom facilities at its expense,
in addition to the City’s regular cleaning schedule on an as needed basis, during the Association’s use
of the facilities particularly including tournament use, to assure that the restrooms are clean and
operable. The Association agrees to clean the concession portion of the facility at its expense. All
revenues produced by batting cages and concession operations shall belong to the Association. The
Association is responsible for meeting all applicable laws, ordinances, and codes regarding the
following: sales tax, safety, and any other issue relative to concession operations, batting cage
operations, and conduct of all its activities at the youth baseball facilities. Alcoholic beverage use,
sales, or possession is prohibited by Ordinance at youth baseball facilities located on City property.
The Association agrees to the following concession operations processes:
A Point of Sale system will be used to maintain all inventory and sales.
A Point of Sale System will be used for all mobile sales.
Concessions workers making $600 or more a year will receive a 1099, unless they are hired
through a staffing company.
Deposits will be made the next business day,
All monies will be kept in the safe until deposited.
City staff will spot check all concessions deposits and/or inventory monthly, at a minimum.
When dealing with umpires, the Association agrees to use a third party vendor/umpire association.
The Association will then file the appropriate 1099 and any other required IRS filings. Payments to
vendor shall reconcile to game schedules.
In addition to the four overflow tournament events at the Fairmont Park Practice Fields as specified
herein, the Association may schedule annually up to a maximum of eight (8) additional days for
“Sunday Only” use of the Fairmont Park fields for overflow league games if needed. Association must
provide the dates of the days to be used for the overflow league games to the City at least thirty (30)
day prior to commencement of the league. Rainout days will be allowed provided that notice is given
of the rainouts as they occur. The Association agrees to provide all field preparation necessary to
conduct said league games. Further, the Association agrees to remove all litter and trash associated
with the league games and deposit them off-site. The Association agrees to clean and stock
restrooms at its expense for the league games. The City agrees to provide its standard level of
maintenance for the league games, any maintenance over and above those responsibilities identified
herein, will be the responsibility of the Association for the league games.
IV.
The Association is granted the right to solicit advertising boards for the outfield fencing at the ten
baseball fields at Pecan Park. Per the architect’s recommendation, signs placed on the fencing are
limited to no larger than one fence panel in length (10 feet). Signs will be limited on the outfield
fencing to the area between the foul poles. Two (2) sponsorship signs are allowed backstops above
Deleted: , and no more than five signs per field.
the top cross bar, facing the viewers. They will be no larger than 4 x 6 and they cannot obstruct the
view. The City reserves the right to review and approve potential advertisers and sign content prior
to installation. No advertising boards/signs shall be placed where visible from Canada Road, on Fields
#1, #8, #9 and #10. All revenues generated by the advertising boards shall be the property of the
Page 3of 9
Association.
V.
Batting cages shall not be open for use by the general public by the Association under any
circumstances, unless the City gives its prior written permission, which permission shall not be
unreasonably withheld. In any event, if the Association receives permission to open said batting
cages to the public, such use shall be under the strict supervision of the Association. All provisions
herein relating to insurance and indemnity to the City by the Association shall be applicable. Use of
other baseball facilities by the public will be limited to the following conditions: (a) During the period
not covered by this Agreement, the public shall have the right to use the various youth baseball
facilities for pickup games at any time during park operating hours, except when the City is
conducting maintenance or construction at the various facilities; and (b) During the period covered
by this Agreement, the public shall have the right to play pickup youth baseball or other field sports
games at the youth baseball facilities listed in Exhibit A, at any time during park operating hours
when no practice game, league game, tournament game, or playoff game is scheduled; or the fields
have not been Specially Prepared for such games (Special Preparation shall include marking,
dragging, watering, painting, or other activity which would be disrupted or spoiled by indiscriminate
use of the facilities by the public).
VI.
The Association shall indemnify and hold harmless the City, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorney’s fees which may be asserted against or incurred by the City arising, directly or indirectly,
from any activities conducted or services performed by the Association under this agreement, or
from any event occurring on the premises owned by the City during any period in which activities are
being performed, conducted, or sponsored on the premises by the Association.
VII.
The City shall indemnify and hold harmless the Association, its officers, directors, agents, and
employees from and against any and all claims, damages, losses, expenses, and liabilities, including
attorney’s fees which may be asserted against or incurred by the Association arising, directly or
indirectly from any activities conducted or services performed by the City pursuant to this
agreement, or from any event occurring on the premises owned by the City during any period in
which activities are being performed, conducted, or sponsored on the premises by the City.
VIII.
The Association shall keep and maintain during the term of this agreement, a comprehensive general
liability policy, with the City named as Additional Named Insured, with limits of liability of not less
than One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage
per occurrence, with a minimum deductible of One Thousand ($1,000.00) per occurrence. Thirty (30)
days prior notice of policy cancellation shall be provided to the City. Effective policy must not exclude
Page 4of 9
participants in the Association’s scheduled or unscheduled activities at the facilities. Other policy
exclusions are permissible, provided that they do not contradict the terms of this Agreement. The
Association shall furnish the City with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements contained in this
Agreement.
IX.
The Association shall maintain a written policy on criminal background checks by March 1, 2017. All
board members, coaches, employees, and volunteers shall be background checked on an annual
basis.
X.
Deleted: IX
The Association shall not assign, transfer, convey, sublet or otherwise dispose of the Agreement, or
any part, to any person, partnership, company, corporation, club or association without prior written
consent of the City of La Porte.
XI.
This instrument contains the entire Agreement between the parties relating to the rights granted in
the Agreement and the obligations assumed as a part of the Agreement. Any representations or
modifications concerning this Agreement shall have no force or effect unless modified in writing, and
signed by each party to the Agreement.
XII.
This Agreement shall be in force for a period of one (1) year, beginning with the date of its execution
Deleted: five
by both parties. During the term of this agreement, the Association and the City may enter into
Deleted: s
separate agreements regarding future capital improvement projects or other boy’s baseball facilities
Deleted: At the end of the term of the agreement, both
that may be contemplated in the City.
the City and the Association have the option to continue the
agreement for an additional five (5) year term. Such option
shall be executed in writing by the President of the
XIII.
Association and the City Manager or his designee. Should
either party choose not to exercise their option, the
agreement shall be considered to be at an end.
The Association shall maintain a favorable financial position during the term of this Agreement. The
Association will provide an official annual report on the Association’s fiscal condition to the City,
comprised of a combined expense statement/balance sheet as approved by the City’s Controller and
mutually agreed to by the City and the Association along with supporting documentation. The City
reserves the right to review the internal financial control structure of the Association and to perform
other audit steps as necessary to protect its interests. The Annual Report on the Association’s Fiscal
Condition will be due to the City sixty (60) days after the end of each fiscal year. Failure to provide
requested financial information within the prescribed time limit will prompt a formal notification
from the City to the Association of that the agreement is in Danger of Default and a request for
satisfaction of the requirement within an additional fifteen (15) days from the date of official
Page 5of 9
notification. If the requirement for financial statement submission is not met by that time, or
arrangements to submit not made to the City’s satisfaction within that time, the agreement will be
considered in Default. During the terms of this agreement, all checks written by the Association will
be required to have two (2) signatures. Also, the Association will furnish the City a logon into the
registration system so that deposits can be matched to the registrations. Should any questions arise,
the City will request paper documents that will be provided to the City within three (3) business days.
The City will spot check Association accounting at a minimum of once a month. Note that all
expenditures of Association funds will be used only for League purposes and in accordance
therewith, Association by-laws, shall be amended to so state.
XIV.
Deleted: II
If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Agreement shall, for any reason, not be legally or factually valid, such invalidity shall not affect
the remaining portions of this Agreement.
Page 6of 9
IN TESTIMONY WHEREOF, this instrument has been renewed and executed in duplicate, each to
have the effect of an original as follows:
(A) It has been executed on behalf of the City on the th day of February, 2017 by its
Deleted: August
City Manager and attested by its City Secretary; and
Deleted: 4
(B) It has been executed on behalf the Association on the th day of February, 2017
Deleted: Augus
by its President and attested by its Secretary, authorizing such execution.
Deleted: t
Deleted: 4
CITY OF LA PORTE, TEXAS
By:
Corby D. Alexander, City Manager
ATTEST:
Patrice Fogarty, City Secretary
LA PORTE BOY’S BASEBALL
ASSOCIATION
By:
Heath Patterson, President
Deleted: Dean Bieber
ATTEST:
Association Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
Page 7of 9
EXHIBIT “A”
The youth baseball facilities designated herein are located at Fairmont Park, 3544 Farrington
Street, and Pecan Park, 3600 Canada Road, in La Porte, Texas, and are identified as follows:
PECAN PARK FACILITIES
Field #1 is the northernmost baseball field at the park, located on the
northeast corner of the park; bounded on the north by the Pecan
Plantation Mobile Home Park, on the east by Canada Road, and on
the west, by Field #2.
Field #2 is located immediately west of Field #1, east of Field #3, and to the
northeast of the Maintenance Facility.
Field #3 is located immediately west of Field #2, north of Field #4, and to the
northwest of the Maintenance Facility.
Field #4 is located immediately south of Field #3, north of Field #5, and to the
southwest of the Maintenance Facility.
Field #5 is located immediately south of Field #4, north of Field #6, and
directly west of the Pavilion.
Field #6 is located immediately south of Field #5, north of Field #7, and to the
southwest of the Pavilion.
Field #7 is located immediately south of Field #6, directly west of Field #8, in
the southwest corner of the park.
Field #8 is located immediately east of Field #7, and south of Field #9, and
directly west of Canada Road.
Field #9 is located north of Field #8, and southwest of Field #10, southeast of
the Pavilion, and directly west of Canada Road.
Field #10 is located directly east of Canada Road, northeast of Field #9, and
south of Field #1, southeast of the Pavilion, and directly west of
Canada Road.
Pavilion/Concession
/Restrooms are located northwest of Field #10, southwest of Field #9.
Facility Maintenance
Storage Area is located southwest of Field #2, southeast of Field #3, and northeast
of Field #4.
Page 8of 9
Satellite Storage
Building is located diagonally between and north of Fields #7 & #8, and to the
southeast of Field #6.
Batting Cages are located directly east of Field #8, directly east of Canada Road, on
the southeast corner of the park.
FAIRMONT PARK PRACTICE FACILITIES
Field #1 is the southernmost baseball field at the park, located on the
southwest corner of the park; bounded on the west by Harris County
Flood Control District ditch; on the south by the vehicle parking lot off
Farrington; on the east by Field #2; and on the north by Field #3.
Field #2 is located immediately east of Field #1, and southeast of the
Concession/Restroom building.
Field #3 is located immediately north of Field #1, and northwest of the
Concession/Restroom building.
Field #4 is located immediately east of Field #3, and northeast of the
Concession/Restroom building.
Concession/Restroom
Building is located in the center of the cloverleaf formed by Fields #1 -4.
Storage Area is located east of the Concession/Restroom building, outside the
cloverleaf formed by Fields #1-4.
Page 9of 9
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Brian SterlingBrian SterlingSource of Funds:Source of Funds:
Requested By:Requested By:
Planning & DevelopmentPlanning & DevelopmentAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.Letter from Ballard Exploration Company, Letter from Ballard Exploration Company,
Inc.
2.Letter from VibraLetter from Vibra--Tech, Inc.Tech, Inc.
3.Letter from Harris CountyLetter from Harris County
4.Photos from Ballard ExplorationPhotos from Ballard Exploration
5.Chapter 102, Art. IIChapter 102, Art. II--"Natural Resources""Natural Resources"
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Ballard Exploration Company, Inc. has filed an application with the City for a Geophysical Mineral Ballard Exploration Company, Inc. has filed an application with the City for a Geophysical
Mineral
Exploration and Testing Permit as defined in Chapter 102, Article II Exploration and Testing Permit as defined in Chapter 102, Article II Geophysical Mineral Exploration Geophysical
Mineral Exploration
and Testingof the Cityof the Citys Code of Ordinances (see Exhibit 1). s Code of Ordinances (see Exhibit 1).
The company desires to conduct a seismic survey within the northwest portion of the City (Underwood The company desires to conduct a seismic survey within the northwest portion of the
City (Underwood
Rd. and Old Underwood Rd. from N. Rd. and Old Underwood Rd. from N. HHSt. to SH 225) and has provided a description of the methods St. to SH 225) and has provided a description of
the methods
to be utilized in a letter to the City (see Exhibit 2 to be utilized in a letter to the City (see Exhibit 2 attached). No request is being made at this time, to attached). No request
is being made at this time, to
extract any potential underground natural resources; only to conduct testing to help define a subsurface extract any potential underground natural resources; only to conduct testing
to help define a subsurface
anomaly north of SH 225. Ballard Exploration Companyanomaly north of SH 225. Ballard Exploration Companyanomaly north of SH 225. Ballard Exploration Companyanomaly north of SH 225.
Ballard Exploration Companys application adheres to all regulations set forth s application adheres to all regulations set forth s application adheres to all regulations set forth
s application adheres to all regulations set forth
in Chapter 102 in Chapter 102 Natural Resources of the CityNatural Resources of the Citys Code of Ordinances.s Code of Ordinances.
Action Required of Council:Action Required of Council:
Provide Staff with direction regarding Ballard Exploration CompanyProvide Staff with direction regarding Ballard Exploration Companys request for a Geophysical Mineral s request for
a Geophysical Mineral
and Testing Permit as described above.and Testing Permit as described above.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Chapter 102 - NATURAL RESOURCES
ARTICLE I. - IN GENERAL
Secs. 102-1—102-30. - Reserved.
ARTICLE II. - GEOPHYSICAL MINERAL EXPLORATION AND TESTING
FOOTNOTE(S):
---(1)---
Cross reference—Businesses, ch. 22.(Back)
DIVISION 1. - GENERALLY
Sec. 102-31. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article,irrespective of whether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant to this article, or any condition of the bond filed by the permittee pursuant to this section, or who
shall neglect to comply with the terms of this section, shall be deemed guilty of a misdemeanor and shall,
upon conviction, be fined in amounts established by the city and listed in appendix B of this Code. The
violation of each separate provision of this section, and of the permit, and of the bond, shall be
considered separate offenses. Each day's violation of each separate provision of this article shall be
considered a separate offense. In addition to such penalties, it is further provided that the city council at
any regular or special session or meeting may, provided ten days' notice has been given to the permittee
that revocation is to be considered at such meeting, revoke or suspend any permit issued under this
article and under which drilling or producing operations are being conducted if the permittee has violated
any provision of the permit, the bond, or this article. If the permit is revoked, the permittee may make
application to the city council for a reissuance of such permit, and the action of the city council thereon
shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-32—102-50. - Reserved.
DIVISION 2. - PERMIT
Sec. 102-51. - Required.
No person shall use or discharge in any manner any explosive including, but not limited to, dynamite
and nitroglycerin, nor conduct any other method of geophysical mineral testing by the use of vibrating
machines, or otherwise within the city, without first having obtained a permit therefor.
(Ord. No. 1659, § 1(16-28(1)), 8-14-89)
Sec. 102Sec. 102--52. 52. -- Application. Application.
Page Page 1
Application for a permit under this article shall be made with the city secretary. SucApplication for a permit under this article shall be made with the city secretary. SucApplication
for a permit under this article shall be made with the city secretary. SucApplication for a permit under this article shall be made with the city secretary. Such application shall h
application shall
contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical methods of
mineral contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical
methods of mineral contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical
methods of mineral contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical
methods of mineral contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical
methods of mineral contain the name of the applicant, address of the applicant, the geophysical methods of mineral contain the name of the applicant, address of the applicant, the geophysical
methods of mineral
exploration to be used, the purpose therefor, the location and use with a map attached designating the exploration to be used, the purpose therefor, the location and use with a map attached
designating the exploration to be used, the purpose therefor, the location and use with a map attached designating the exploration to be used, the purpose therefor, the location and
use with a map attached designating the exploration to be used, the purpose therefor, the location and use with a map attached designating the exploration to be used, the purpose therefor,
the location and use with a map attached designating the exploration to be used, the purpose therefor, the location and use with a map attached designating the exploration to be used,
the purpose therefor, the location and use with a map attached designating the exploration to be used, the purpose therefor, the location and use with a map attached designating the
points of use. Such application shallpoints of use. Such application shallpoints of use. Such application shallpoints of use. Such application shallpoints of use. Such application shallbe
accompanied by a permit fee in an amount established by the city be accompanied by a permit fee in an amount established by the city be accompanied by a permit fee in an amount established
by the city
and listed in appendix A of this Code. On receipt of such application by the city secretary, the application and listed in appendix A of this Code. On receipt of such application by
the city secretary, the application
shall be referred to the city manager for a report as to the compliance of such application with the
provisions of this article. Such report and the application shall then be submitted to the city council. No
permit shall be issued except by the approval of the city council.
(Ord. No. 1659-A, § 1(16-28(2)), 1-8-90)
Sec. 102Sec. 102--53. 53. -- Insurance and bond requirements. Insurance and bond requirements.
(a)On approval of the permit, but before the issuance of the permit, the applicant shall provide the city
secretary with an insurance certificate showing insurance coverage of the applicant for general
liability coverage in amounts not less than:
(1)(1)Bodily injuries: $1,000,000.00 per person and $3,000,000.00 per accident; andBodily injuries: $1,000,000.00 per person and $3,000,000.00 per accident; and
(2)(2)Property damage: $1,000,000.00.Property damage: $1,000,000.00.
(b)Such insurance coverage shall be provided by a good and solvent insurance company authorized to Such insurance coverage shall be provided by a good and solvent insurance company authorized
to
do businessin the state. In addition, the applicant shall provide a cash bond in the amount of in the state. In addition, the applicant shall provide a cash bond in the amount of
$5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned, conditioned $5,000.00. Such cash bond shall be for the benefit of the city and all persons concerned,
conditioned
that the permittee will comply with the terms and conditions of this article. The bond shall become
effective on or before the date the bond is filed with the city secretary and remain in force and effect
and on deposit for at least a period of six months after the exploration ends.
(Ord. No. 1659, § 1(16-28(3)), 8-14-89)
Sec. 102Sec. 102--54. 54. -- Duration. Duration.
All permits issued under this article shall expire 60 days from the date of its issuance. All permits issued under this article shall expire 60 days from the date of its issuance.
(Ord. No. 1659, § 1(16-28(4)), 8-14-89)
Sec. 102-55. - Terms.
The terms of the permit shall be as follows:
(1)The permittee shall obseThe permittee shall observe a 300rve a 300--foot distance from any dwelling or water well.foot distance from any dwelling or water well.
(2)The written agreement shall cover any water well damage effective for 90 days after completion The written agreement shall cover any water well damage effective for 90 days after
completion The written agreement shall cover any water well damage effective for 90 days after completion
of the work. of the work.
(3)At least one city police officer (offAt least one city police officer (offAt least one city police officer (off--duty) shall be employed to accompany the worduty) shall be employed
to accompany the worduty) shall be employed to accompany the work crew while k crew while
testing on the city rightstesting on the city rightstesting on the city rights--ofof--way, and the permittee shall provide 24 hours' notice to the chief of way, and the permittee shall
provide 24 hours' notice to the chief of
police. police.
(4)The permittee shall obtain written permission from citizens to enter their property.The permittee shall obtain written permission from citizens to enter their property.
(Ord. No. 1659, § 1(16-28(5)), 8-14-89)
Secs. 102-56—102-75. - Reserved.
DIVISION 3. - REGULATIONS
Sec. 102-76. - Explosives.
Page 2
Explosives may be used with the prior and express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Sec. 102-77. - Notice of time and place of use of testing methods.
No geophysical method of mineral exploration shall be used under this permit without the permittee No geophysical method of mineral exploration shall be used under this permit without
the permittee No geophysical method of mineral exploration shall be used under this permit without the permittee
having first, on the date of such proposed use, notified the city secretary and city manager of thehaving first, on the date of such proposed use, notified the city secretary and city
manager of thehaving first, on the date of such proposed use, notified the city secretary and city manager of the
proposed time and location of the planned use. If the city secretary is not available, notice shall be given proposed time and location of the planned use. If the city secretary is not
available, notice shall be given
to the chief of police, in addition to the city manager, and if he is not available, then to any police to the chief of police, in addition to the city manager, and if he is not available,
then to any police
personnel of the city. No testing shall bepersonnel of the city. No testing shall bepersonnel of the city. No testing shall beconducted on Sunday, nor between the hours of 8:00 p.m.
and conducted on Sunday, nor between the hours of 8:00 p.m. and
6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the 6:00 a.m. local time. Notice shall also be given of the name of the person
in charge of the testing for the 6:00 a.m. local time. Notice shall also be given of the name of the person in charge of the testing for the
permittee for the day on which notice is given. In addition, written notice of such tespermittee for the day on which notice is given. In addition, written notice of such tespermittee
for the day on which notice is given. In addition, written notice of such testing to the occupants ting to the occupants ting to the occupants
of all dwellings located within 2,000 feet of the test site at least 24 hours prior to the testing. of all dwellings located within 2,000 feet of the test site at least 24 hours prior
to the testing.
(Ord. No. 1659, § 1(16-30), 8-14-89)
Secs. 102-78—102-110. - Reserved.
ARTICLE III. - OIL AND GAS
FOOTNOTE(S):
---(2)---
Cross reference—Business, ch. 22.(Back)
State Law reference—Oil and gas generally, V.T.C.A., Natural Resources Code § 81.001 et seq.(Back)
DIVISION 1. - GENERALLY
Sec. 102-111. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning. All technical or oil
andgas industry words and phrases used in this article and not specifically defined in this section shall
have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.
Actual drillingmeans when the drilling rig, whosepurpose it is to drill the bore hole into the
production horizon, first inserts the drill bit into the ground.
Blockmeans block of land only and shall not be misconstrued to mean drilling block.
Leasemeans any tract of land subject to an oil, gas and mineral lease or other oil and gas
development contract, or any unit composed of several tracts and leases but operated as one lease, and
any tract of land in which the minerals are owned by an operator or someone holding under it or him, but
which, due tothe fee royalty ownership is developed and operated as a separate tract.
New well permitteemeans the person to whom is issued a permit for the drilling and operation of a
new well under this section, and his or its administrators, executors, heirs, successors and assigns.
Old well permitteemeans the person to whom is issued a permit for the redrilling, working-over,
recompletion and reoperation of an old or existing well under this section, and his or its administrators,
executors, heirs, successors and assigns.
Permitteemeans both an old well permittee and a new well permittee.
Page 3
Wellmeans any holes, bores to any sand, any formation, strata or depth for the purpose of
producing and recovering any oil or gas, salt water injection, gas injection or enhanced recovery injection
project.
Well locationmeans the surface location of a well.
(Ord. No. 1659, § 1(16-1), 8-14-89)
Cross reference—Definitions generally, § 1-2.
Sec. 102-112. - Violation of applicable laws or regulations.
Any violation of the laws of the state or any rules, regulations, or requirements of any state or federal
regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing,
maintaining, spacing or abandoning an oil or gas well or relatedappurtenances, equipment, or facilities,
or in reference to firewalls, fire protection, blowout protection, safety protection, or convenience of
persons or property, shall also be a violation of this article, and shall be punishable in accordance with the
provisions of this article.
(Ord. No. 1659, § 1(16-27), 8-14-89)
Sec. 102-113. - Penalties for violations of article.
It shall be unlawful and an offense for any person to violate or neglect to comply with any provision of
this article, irrespective ofwhether or not the verbiage of each subsection of this article contains the
specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate
any of the provisions of this article, or any of the provisions of a drilling and operating permit issued
pursuant hereto, or any condition of the bond filed by the permittee pursuant to this section, or who shall
neglect to comply with the terms of this article, shall be deemed guilty of a misdemeanor and shall, upon
conviction, be fined in amounts established by the city and listed in appendix B of this Code. The violation
of each separate provision of this section, the permit, and the bond shall be considered a separate
offense. Each day's violation of each separate provision of this article shall be considered a separate
offense. In addition to such penalties, it is further provided that the city council, at any regular or special
session or meeting, may, provided ten days' notice has been given to the permittee that revocation is to
be considered at such meeting, revoke or suspend any permit issued under this article and under which
drilling or producing operations are being conducted if the permittee has violated any provision of the
permit, the bond or this article. If the permit is revoked, the permittee may make application to the city
council for a reissuance of such permit, and the action of the city council thereon shall be final.
(Ord. No. 1659, § 3, 8-14-89)
Secs. 102-114—102-135. - Reserved.
DIVISION 2. - ADMINISTRATION
FOOTNOTE(S):
---(3)---
(Back)
Cross reference—Administration, ch. 2.
Sec. 102-136. - Appointment of planning director as oil and gas inspector.
The city council hereby appoints the planning director of the city to enforce the provisions of this
article.
Page 4
(Ord. No. 1659, § 1(16-9), 8-14-89)
Secs. 102-137—102-155. - Reserved.
DIVISION 3. - PERMIT
Sec. 102-156. - Required.
(a)New well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to drill, or to
operate, any new well within the city limits, or to work upon or assist in any way in the development
or operation of any such new well, without a new well permit for the drilling and operation of such
new well having first been issued by the authority of the city council, in accordance with the terms of
this article.
(b)Old well permit.It shall be unlawful and an offense for any person acting either for himself or acting
as agent, employee or independent contractor for any other person, to commence to deepen, to
repair or to recomplete any well, old or existing, within the city limits or to work upon or assist in any
way in the development or operation of any such well, without an old well permit having first been
issued by the proper authority of the city council in accordance with the terms of this article.
(Code 1970, § 16-12; Ord. No. 1659, § 1(16-2), 8-14-89)
Sec. 102-157. - Application and filing fee.
Every application for a permit to drill and operate a well shall be in writing, signed by the applicant,
and duly filed with the city secretary, accompanied by a permit fee in an amount established by the city
and listed in appendix A of this Code. The application shall be for a single well and shall include full
information including the following:
(1)The date of the application.
(2)Name and address of the applicant.
(3)Proposed site of the well, including:
a.Name of the fee owner.
b.Name of the lease owner.
c.Legal description of the lease.
d.Map showing location of the well on the lease.
(4)Type of drilling rig to be used.
(5)The proposed depth of the well.
(6)A statement that it is understood and agreed that for any legal action or undertaking, venue for
all suits shall lie in the county under any provision of this article.
(Code 1970, § 16-13; Ord. No. 1659, § 1(16-5), 8-14-89)
Sec. 102-158. - Permittee's insurance and bond.
If a permit is issued by the city council under the terms of this article for the drilling and operation of a
well, no actual drilling operations or site preparation work shall be commenced until the permittee shall file
with the city secretary a bond and a certificate of insurance, as follows:
Page 5
(1)The bond shall be a cash bond in the principal sum of such number of dollars as has been
determined by the city council, but not to be less than $5,000.00. Such cash bond shall be for
the benefit of the city and all persons concerned, conditioned that the permittee will comply with
the terms and conditions of this article in the drilling and operation of the well. Such bond shall
become effective on or before the date the same is filed withthe city secretary and remain in
force and effect and on deposit for at least a period of six months subsequent to the expiration
of the term of the permit issued, and in addition the bond will be conditioned that the permittee
will promptly pay off fines, penalties and other assessments imposed upon the permittee by
reason of his breach of any of the terms, provisions and conditions of this article, and that the
permittee will promptly restore the streets and sidewalks and other public property of the city,
which may be disturbed or damaged in the operations, to their former condition. The permittee
will promptly clear all premises of all litter, trash, waste and other substances used, allowed or
occurring in the drilling or producing operations, and will,after abandonment, grade, level and
restore such property to the same surface condition, as nearly as possible, as existed when
operations for the drilling of the wells were first commenced. The permittee will indemnify and
hold the city harmless from anyand all liability growing out of or attributable to the granting of
such permit, including the payment of any expenses incurred by the city for any legal action
which may be filed by either party hereto by reason of seeking or recovery of damages to the
city. If at any time, the city council shall deem any permittee's bond to be insufficient for any
reason, it may require the permittee to make an additional cash bond. If after completion of a
well, the permittee has complied with all of the provisions of this article, such as removing the
derrick, clearing the premises, etc., he may apply to the city council to have the cash bond
reduced to a sum of not less than $1,000.00 for the remainder of the time the well produces
without reworking, and be given a refund of the amount of reduction. During reworking
operations, the amount of the bond shall be increased to the original amount.
(2)In addition to the bond required in subsection (1) of this section, the permittee shall carry a
policy of standard comprehensive public liability insurance, including contractual liability
covering bodily injuries and property damage, naming the permittee and the city, issued by an
insurance company authorized to do business within the state, such policy in the aggregate
shall provide for the following minimum coverages:
a.Bodily injuries: $1,000,000.00, one person and $3,000,000.00, one accident; and
b.Property damage: $1,000,000.00.
(3)The permittee shall file with the city secretary certificates of such insurance coverageas stated
in subsection (2) of this section, and shall obtain the written approval thereof by the city
secretary, who shall act thereon within ten days from the date of such filing. Such insurance
policy shall not be cancelled without written notice to the city secretary at least ten days prior to
the effective date of such cancellation. If the insurance policy is cancelled, the permit granted
shall terminate, and the permittee's rights to operate under the permit shall cease until the
permittee files additional insurance as provided in this section.
(Code 1970, § 16-14; Ord. No. 1659, § 1(16-8), 8-14-89)
Sec. 102-159. - Issuance or refusal.
(a)The city council, within 30 days after the filing of the application for a permit to drill and operate a
well,shall determine whether or not the application complies in all respects with the provisions of this
article, and if it does, the city council shall then fix the amount of the principal of the bond and
insurance provided for in section 102-158, and after such determination shall issue a permit for the
drilling and operation of the well applied for. Each permit issued under this article shall:
(1)By reference have incorporated therein all the provisions of this article with the same force and
effect as if this article were copied verbatim in the permit.
(2)Specify the well location with particularity to lot number, block number and correct legal
description.
Page 6
(3)Contain and specify that the term of such permit shall be for a period of 180 days from the date
of the permit and as long thereafter as the permittee is engaged in drilling operations with no
cessations of such operations for more than 90 days, or oil or gas is produced in commercial
quantities from the well drilled pursuant to such permit, provided that if at any time after
discovery of oil or gas the production thereof in commercial quantities shall cease, the term
shall not terminate if the permittee commences additional reworking operations within 90 days
thereafter, and if they result in the production of oil or gas, so long thereafter as oil or gas is
produced from such well.
(4)Contain and specify such conditions as are authorized by this article.
(5)Contain and specify that no actual operations shall be commenced until the permittee shall file
and have approved an indemnity bond in the designated principal amount as so determined by
the city council and conditioned as specified in section 102-158
(b)Such permit, in duplicate originals, shall be signed by the city manager, and prior to delivery to the
permittee shall be signed by the permittee (with one original to be retained by the city and one by the
permittee). When so signed, the permit shall constitute the permittee's drilling and operating license
and the contractual obligation of the permittee to comply with the terms of such permit, such bond
and this article.
(c)If the permit for the well is refused, or if the applicant notifies the city in writing that he does not elect
to accept the permit as tendered and wishes to withdraw his application, or if the bond of the
applicant is not approved and the applicant notifies the city in writing that he wishes to withdraw his
application, then, upon the happening of such events, the cash deposit provided for to be filed with
the application shall be returned to the applicant, except that there shall be retained therefrom by the
city a processing fee in an amount established by the city and listed in appendix A of this Code.
(Code 1970, § 16-17; Ord. No. 1659, § 1(16-6), 8-14-89)
Sec. 102-160. - Termination.
The permit shall terminate without any action on the part of the city unless actual drilling of the well
shall have commenced within 180 days from the date of issuance. The cessation for a like period of the
drilling operations, or the cessation of the production of oil or gas from the well after production shall have
commenced, shall cancel the permit, and the well shall be considered as abandoned for all purposes of
this article. It shall be unlawful thereafter to continue the operation or drilling of such well without the
issuance of another permit.
(Code 1970, § 16-21; Ord. No. 1659, § 1(16-7), 8-14-89)
Secs. 102-161—102-180. - Reserved.
DIVISION 4. - DRILLING AND OPERATING REGULATIONS
Sec. 102-181. - Well location.
(a)Subdivisions.No drilling for gas and oil wells in recorded subdivisions shall be allowed. This
subsection shall apply only to acreage which has been subdivided into home sites the size of which
are one acre or less and the plat has been filed for record in the office of the county clerk.
(b)Residences; commercial buildings; schools; city-owned buildings; water wells.No well shall be drilled
and no permit shall be issued for any well to be drilled at any location which is nearer than 750 feet
of any residence or commercial building without the applicant having first secured the written
permission of the owner. No well shall be drilled and no permit shall be issued for any well to be
drilled at any location which is nearer than 750 feet of any school campus within the La Porte
Page 7
Independent School District. No drilling and no permit shall be issued to any well nearer than 750
feet to city-owned buildings or water wells without written permission from the city.
(Ord. No. 1659, § 1(16-4), 8-14-89)
Sec. 102-182. - Streets and alleys.
No well shall be drilled and no permit shall be issued for any well to be drilled at any location which is
within any of the streets or alleys of the city. No street or alley shall be blocked or encumbered or closed
in any drilling or production operation except by special permit by order of the city council, and then only
temporarily.
(Code 1970, § 16-1; Ord. No. 1659, § 1(16-3), 8-14-89)
Sec. 102-183. - Deeper drilling.
If the city is satisfied that the well may be deepened with thesame degree of safety as existed with
the original well, a permit may be issued, in an amount established by the city and listed in appendix A of
this Code, to the permittee, authorizing the deepening and operation of the well to such specified depth
as applied for. In any deeper drilling or any deeper completion or any deeper production operations, the
permittee shall comply with all other provisions contained in this article and applicable to the drilling,
completion and operation of a well.
(Ord. No. 1659, § 1(16-10), 8-14-89)
Sec. 102-184. - Derrick and rig.
(a)It shall be unlawful and an offense for any person to use or operate in connection with the drilling or
reworking of any well within the city limits, any wooden derrick, and all engines shallbe equipped
with adequate mufflers approved by the city council; or to permit any drilling rig or derrick to remain
on the premises or drilling site for a period longer than 60 days after completion or abandonment of
the well. At all times from the start of erection of a derrick, mast or gin-pole, until the well is
abandoned and plugged or completed as a producer and enclosed with a fence as provided in this
division, the permittee shall keep a watchman on duty on the premises at all times; provided,
however, that it shall not be necessary to keep an extra watchman on duty on the premises when
other workers of the permittee are on the premises.
(b)No electric lighting generator shall be placed or remain nearer than 150 feet to any producing well or
oil tank.
(c)Any rubbish or debris which may constitute a fire hazard shall be removed to a distance of at least
100 feet from the vicinity of the wells, tanks and pump stations. All waste shall be disposed of in such
manner as to avoid creating a fire hazard or polluting fresh water streams or underground strata. All
waste disposal plans shall be approved by the planning director.
(d)No open flame or arc welding shall be allowed inside the derrick substructure of a well prior to
installation of the well head.
(e)All temporary oil and gas flow lines laid upon or across a public road or highway must be buried to
the depth required by permits issued under section 102-262.
(f)An electric powered rig shall be utilized when available.
(Ord. No. 1659, § 1(16-11), 8-14-89)
Sec. 102-185. - Pits.
Either earthen or steel slush pits shall be permitted in connection with the drilling operation. If a steel
pit is used, the pit and its contents shall be removed from the premises and the drilling site within 60 days
after completion of the well. If an earthen slush pit is used, the slush pit shall be filled and leveled within
Page 8
60 days after completion of the well. All drilling mud must be removed from the earthen pit prior to
backfilling.
(Ord. No. 1659, § 1(16-12), 8-14-89)
Sec. 102-186. - Casing.
All casing, including surface protection and production strings, shall be new seamless steel, or
equivalent quality oil well casing. Each joint and length of each particular casing string shall have, prior to
setting, unconditionally passed a hydraulic test to ensure physical integrity at design working pressure.
(Ord. No. 1659, § 1(16-13), 8-14-89)
Sec. 102-187. - Setting and cementing casing.
No well shall be drilled within the city limits without properly setting surface casing to a depth as
approved by the state department of water resources. The surface casing must be driven or cemented by
the pump and plug method. All other casing strings must be cemented by the pump and plug method with
sufficient cement to completely fill all of annular space behind the casing string to the surface. No well
shall be drilled within the city limits without properly setting surface casing a depth sufficient to protect
producing fresh water sands.
(Ord. No. 1659, § 1(16-14), 8-14-89)
Sec. 102-188. - Valves and blowout preventers.
No well shall be drilled within the city limits without equipping the intermediate protective casing with
at least one master valve and one fluid-operated ram type blowout preventer with mechanical operating
backup; and without properly equipping the production casing during completion operations and workover
operations with at least one master valve and at least one fluid-operated ram type blowout preventer.
Each blowout preventer shall test 5,000 pounds, and its mechanical operation shall be tested daily. All
control equipment shall be in good working condition and order at all times.
(Ord. No. 1659, § 1(16-15), 8-14-89)
Sec. 102-189. - Drilling fluid.
No well shall be drilled within the city limits without using mud as the drilling fluid after the setting of
surface casing as provided in section 102-187. The weight of the mud laden drilling fluid shall be at all
times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the formation encountered by the well. In reworking a well, a drilling fluid shall be
at all times maintained at such weight as will provide a hydrostatic head of not less than 500 pounds per
square inch in excess of the pressure, of the formation penetrated by the well and open for production.
(Ord. No. 1659, § 1(16-16), 8-14-89)
Sec. 102-190. - Drill stem tests.
It shall be unlawful and an offense for any person in connection with the drilling or reworking
operations of any well within the city limits to take and to complete any drill stem test except during
daylight hours, and then only if the well effluent during the test is produced through an adequate oil and
gas separator to storage tanks, and the effluent remaining in the drill pipe at the time the tool is closed is
flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.
(Ord. No. 1659, § 1(16-17), 8-14-89)
Sec. 102-191. - Bradenhead.
Each well drilled within the city limits shall be equipped with a bradenhead with a working pressure of
not less than 3,000 pounds per square inch. Bradenheads shall be cast iron steel premanufactured and
Page 9
welded to the well casing. The bradenhead installed on the surface casing shall be set above the ground
level and shall be equipped with fittings having a working pressure rating of not less than 3,000 pounds
per square inch. The bradenhead pressure shall be checked at least once each calendar month, and, if
pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source
and the existence of the pressure.
(Ord. No. 1659, § 1(16-18), 8-14-89)
Sec. 102-192. - Christmas tree and well head connections.
The Christmas tree and all well head connections on each well drilled within the city limits shall have
at least a minimum working pressure of 3,000 pounds per square inch, and on all wells completed below
a depth of 7,000 feet, the Christmas tree and well head connections shall have at least a minimum
working pressure of 3,000 pounds per square inch and a minimum test pressure of at least 5,000 pounds
per square inch. All piping and fittings connecting thewell head to an oil and gas separator shall have at
least the same working pressure as specified for Christmas tree and well head connections in this
section. All wells shall be equipped with an automatic closing safety valve located adjacent to the wing
valve in addition to the regular control valves.
(Ord. No. 1659, § 1(16-19), 8-14-89)
Sec. 102-193. - Premises to be kept clean and sanitary.
The premises shall be kept in a clean and sanitary condition, free from rubbish of every character, to
the satisfaction of the city at all times drilling operations or reworking are being conducted, and as long
thereafter as oil and/or gas is being produced therefrom. Any spill, oil or salt water must be reported
immediately to the city and cleanup commenced promptly.
(Ord. No. 1659, § 1(16-20), 8-14-89)
Sec. 102-194. - Mufflers required.
Motive power for all operations after completion of drilling operations shall be electricity or properly
muffled gas, gasoline, or diesel engines. Such mufflers are to be approved by the chief building official
prior to their use.
(Ord. No. 1659, § 1(16-21), 8-14-89)
Sec. 102-195. - Storage tanks and separators.
It shall be unlawful and an offense for any person to use, construct or operate in connection with any
producing well within the city limits, any crude oil well storage tanks except to the extent of two steel tanks
for oil storage, not exceeding 500 barrels capacity each and so constructed and maintained as to be
vaportight, with pressure release valves set below tank design pressure, and each surrounded with an
earthen firewall at such distance from the tank as will, under any circumstances, hold and retain at least
1½ times the maximum capacity of such tank. A permittee shall operate a conventional steel separator,
andsuch other steel tanks and appurtenances as are necessary for separating oil and gas with each of
such facilities to be so constructed and maintained as to be vaportight. Each oil and gas separator shall
be equipped with both a regulation pressure relief safety valve and a bursting head.
(Ord. No. 1659, § 1(16-22), 8-14-89)
Sec. 102-196. - Fence.
Any person who completes any well as a producer shall have the obligation to enclose the well,
together with its surface facilities and storage tanks, by a substantial smooth net wire fence sufficiently
high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates
thereto to be kept locked when the permittee or his employees are not within the enclosure. It is provided,
Page 10
however, that in noncongested areas the city, at its discretion, may waive the requirement of any fence,
or may designate the type of fence to be erected.
(Ord. No. 1659, § 1(16-23), 8-14-89)
Sec. 102-197. - Venting and flaring of gas.
No person engaged in drilling or operating any well shall permit gas to escape or be vented into the
air unless the gas is flared and burned as permitted by the state railroad commission.
(Ord. No. 1659, § 1(16-24), 8-14-89)
Sec. 102-198. - Abandonment and plugging.
Whenever any well is abandoned it shall be the obligation of the permittee and the operator of the
well to plug the well in accordance with regulations of the state railroad commission. No surface or
conductor string of casing may be pulled or removed from awell. During initial abandonment operations it
will be the obligation of the permittee or the operator of the well to flood the well with mud-laden fluid
weighing not less than ten pounds per gallon or sufficient mud weight to yield a hydrostatic pressure500
pounds above the maximum formation pressure encountered by the well. The well will be kept filled to the
top with the mud-laden fluid at all times, and the mud-laden fluid of the above specifications will be left in
the well bore below and between cement plugs.
(Ord. No. 1659, § 1(16-25), 8-14-89)
Sec. 102-199. - Disposal of salt water.
The permittee shall make adequate provisions for the disposal of all salt water or other impurities
which he may bring to the surface, and disposal to be made in such manner as to not contaminate the
underground water strata or to injure surface vegetation. The disposal process shall be approved by the
city, prior to disposal for the protection of public health, safety and well-being.
(Ord. No. 1659, § 1(16-26), 8-14-89)
Sec. 102-200. - Use of explosives.
Explosives may be used with the prior express written consent of the city council.
(Ord. No. 1659, § 1(16-29), 8-14-89; Ord. No. 1659-A, § 1, 1-8-90)
Secs. 102-201—102-230. - Reserved.
ARTICLE IV. - PIPELINE TRANSPORTATION
FOOTNOTE(S):
---(4)---
Editor's note—Ordinance No. 2004-2755, § 1, adopted July 12, 2004, repealed the former Art. IV, §§
102-231—102-237, 102-261—102-265, and enacted a new Art. IV as set out herein. The former Art. IV
pertained to similar subject matter and derived from Ord. No. 915, § 1(18-A-1)—(18-A-12), 3-6-72.
(Back)
Cross reference—Businesses, ch. 22.
State Law reference—Transportation of gas and gas pipeline facilities, safety standards, preemption,
Vernon's Ann. Civ. St. art. 6053-1.(Back)
Sec. 102-231. - Declaration of policy.
Page 11
The city council declares that the policy of the city in the manner of granting to any person the
privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the
purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall
be stated in this article. The provision of this article shall be administered by the director of planning or his
designee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-232. - Definition of terms.
All terms used herein shall be taken in their ordinary signification except the following:
Cityshall mean the City of La Porte now incorporated andas hereafter expanded by annexation or
consolidation.
Commodityshall mean any liquid or gaseous substance or other product capable of being
transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to
human, animal or plant health and/or life.
Directorshall mean the director of planning or his designee.
Operational boundaryshall mean the prime property and location of the offices and operational
facilities of a person within the city. The term is not intendedto extend to rights-of-way, easements,
licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart
from such primary property, offices and operational facilities.
Permitteeshall mean the person to whom a permit is issued under the provisions of this ordinance.
Personshall mean an individual, corporation, partnership, association or any other entity, however
organized.
Pipelineshall mean any pipeline or part thereof, including pipe, valves and any appurtenances
thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline"
shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary
of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve
or appurtenance when located entirely on, within or under a person's operational boundary.
Relocationshall mean the horizontal or vertical movement of a pipeline.
Repositionshall mean the movement of a pipeline when such movement is necessary for the public
construction or public improvement: construction, maintenance and improvement of streets, water lines,
sanitary sewer lines, storm sewers, ditches and public utilities.
(Ord. No. 2004-2755, § 1, 7-12-04)
Cross reference—Definitions generally, § 1-2.
Sec. 102-233. - Exemption.
This article shall not extend to:
(1)Any person now or hereafter providing natural gas service for residential and business use only
within the city pursuant to a franchise from the city as a gas distribution utility;
(2)Raw or potable water pipelines, valves and appurtenances; or
(3)City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and
appurtenances, except industrial wastes transported by pipeline to treatment facilities outside
the corporate city limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 12
Sec. 102-234. - Permit required.
No person shall commence the construction, relocation or reposition of a pipeline within the city
without a permit being obtained from the city for such pipeline under the terms of this chapter.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-235. - Application for permit
A person desiring a permit shall submit a written application to the director and concurrently
therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the
director, shall be submitted to the director, in duplicate, with the following information contained thereon:
(1)The name, business address and telephone number of the pipeline owner and operator;
(2)The names, titles and telephone numbers of the following persons:
a.The person submitting the information;
b.The principal contact for submittal of information; and
c.The 24-hour emergency contact (and an alternate 24-hour contact), who
1.Can initiate appropriate actions to respond to a pipeline emergency;
2.Has access to information on thelocation of the closest shutoff valve to any specific
point in the city or its jurisdiction; and
3.Can furnish the common name of the material then being carried by the pipeline.
(3)The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced,
repositioned or repaired.
(4)A description of the commodity(s) to be transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the submittal if the owner or
operator is required by federal or state law to have material safety data sheets available;
(5)The maximum allowable operating pressure on the pipeline as determined according to the U.S.
Department of Transportation and State Railroad Commission procedures orthe maximum
design strength for unregulated pipelines, if applicable;
(6)The normal operating pressure range of the pipeline;
(7)The maximum allowable temperature under which the substance or product may be pumped or
otherwise caused or permitted to flow through any and all of the particular portions of the
pipeline, if applicable;
(8)Engineering plans, drawings, maps with summarized specifications showing the horizontal
pipeline location, the pipeline covering depths and location of shutoff valves within the corporate
limits and ETJ of the city. The location of shutoff valves must be known in order for emergency
responders to clear the area for access to the valves. To the extent that information can be
reasonably obtained, drawings shall show the location of other pipelines and utilities that will be
crossed or paralleled within five feet;
(9)A summary description of the time, location, manner, means and methods of the proposed
construction, including but not limited to the following:
a.Detailed cross section/profile drawings for all public way crossings if requested by the
Director;
b.A plan accurately showing the location, course and alignment of the proposed pipeline,
including valve locations (existing and proposed), and all public ways in which the
proposed pipeline shall be laid, provided that the degree of accuracy shall not be required
Page 13
to exceed the accuracy which can be practicably achieved by using United States
Geological Survey (USGS) maps.
(10)A statement that the pipeline will comply with the applicable standards required by this article as
well as all applicable federal, state and local laws and regulations; and
(11)A statement that the permittee shall, at any time in the future, where such pipeline or portion
thereof crosses or is laid within, under or across any street, road or utility right-of-way, drainage
way or public way existing or projected at the time the permit is issued, reposition such pipeline
(which shall include lowering or raising the pipeline, as well as casing it, if required) at the
permittee's sole expense, when the city reasonably requires such action incidental to public
construction or public improvement: Construction, maintenance and improvement of streets,
water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give
the permittee prior written notice of the need for repositioning location, and such notice shall be
mailed certified mail, return receipt requested, to the permittee as designated in the application.
The permittee shall have six months to complete such repositioning.
(12)A statement that the permittee shall notify the director at least 48 hours prior to performing any
scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or
maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the
city police department dispatcher as soon as practical but no later than one hour after
commencing repairs or maintenance.
The director expressly reserves the right to require the submission of additional information if the director
reasonably deems the information necessary to meet the requirements of this article. Such supplemental
information shall be submitted by the permittee to the director within ten days, excluding weekends and
city holidays, of the permittee's receipt of the director's written request. While awaiting the requested
information, the period in which the city must process the application shall be suspended.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-236. - City council consideration.
(a)Within 60 days from the date on which the official application is received at the official address for
the director, the director shall advise the applicant whether, based on the director's professional
judgment, the contemplated construction, relocation, replacement or reposition is in compliance with
this article. If the director does not deem the contemplated construction to be in compliance with this
article, the director shall notify the applicant, in writing, of any deficiencies found.
(b)After the notice described in subsection (a) of this section is given to the applicant, the director,
based upon the assessment of the director and other city personnel, shall report to the city council
upon his examination of such application and plans, including such changes in the plans as the
applicant may have made upon his suggestion, with his recommendation as to the granting or
denying of the permit application, based upon compliance or noncompliance with this article, at the
next regularly scheduled city council meeting for which adequate notice may be given. The director
shall in such report and recommendation state whether the proposed course or alignment of the
pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to
the extent economically feasible, consistent with the probable future development of such areas,
location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches
and public utilities incident to such probable future development.
(c)After the report and recommendation is made to the city council, the city council shall consider
approval or denial of the permit.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-237. - Permits.
Page 14
Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original
shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be
conspicuously displayed at each point where the pipeline construction, relocation or repositioning
intersects any public street, right-of-way, easement or public property within the corporate limits of the
city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-238. - Permit transference.
Permits may be transferred after prior written notice to the director, on a form provided by the
director, which notice shall set forth the full name and address of the transferee, the full name and
address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that
the transferee shall be bound by all provisions of the application and permit as originally acted upon and
granted by the city. The transfer application shall be signed by an authorized officer, owner or
representative of both the transferor and transferee and shall be accompanied by a non-refundable
transfer fee.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-239. - Permit fees.
(a)Every permit requested under the terms and conditions of this article, with the exception of those
permits necessitated due to a repositioning of a pipeline at the request or required by the city or
another governmental entity, shall provide for the payment by the applicant to the city of a non-
refundable application fee of $1,000.00 per pipeline.
(b)Every permit granted under the terms and conditions of this article shall provide for the payment of
an annual fee thereafter in the amount of $800.00 per pipeline per year, payable annually in advance
on or before July 1 of each year.
(c)Every permit transfer shall be accompanied by a non-refundable transfer fee of $300.00.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-240. - Permit expiration.
(a)If construction, relocation or reposition of the pipeline does not commence within one year from the
date of the permit, the permit shall be void unless the permittee makes written application for an
extension. The city council may grant an extension for one additional year only.
(b)Pipelines abandoned after the date of this article shall have their permit voided and shall not
thereafter be subject to the terms of this article except as follows:
(1)The owner or operator shall report to the director, in writing, the abandonment of a pipeline that
has been permitted in accordance withthis article.
(2)All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of
gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the city
limits.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-241. - Construction requirements.
All pipelines shall be constructed in accordance with the following guidelines:
(1)All pipelines shall be constructed in accordance with the latest applicable minimum standards, if
applicable, established by the United States Department of Transportation, Texas Railroad
Commission, or any other entity having regulatory authority over pipeline safety and
construction matters.
Page 15
(2)All pipelines shall be buried to specified depths, as follows:
a.Pipelines which run under or within 20 feet of any street or streets and/or any proposed
street which has been designated on the master plan for the city or the official city map of
the city, shall be buried to a depth of at least six feet measured between the top of the
pipeline and the natural surface of the ground.
b.Pipelines which run under any ditch and/or drainage area or structure shall be buried to a
depth of at least five feet measured between the top of the pipeline and the ultimate
channel or structure depth. Permittee is responsible for determining the ultimate depths
from the appropriate agency and reporting said information with permit application.
c.Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of
four feet measured between the top of the pipeline and the natural surface of the ground.
Provided further, if at any particular point or points the director determines that a greater or
lesser depth be required, such permit shall not be granted except upon agreement by the
permittee to comply with such depth requirement.
(3)All pipelines shall cross public streets, public properties and public rights-of-way as closely as
possible to a right (90°) angle.
(4)All public streets,roads and ways in existence at the time of construction of a pipeline shall be
bored under and shall not be cut for the purpose of constructing, relocating or repositioning a
pipeline.
(5)All pipeline related excavations in any public right-of-way shallbe backfilled in a manner
satisfactory to the city; and if after once refilling such excavation the earth within the excavated
area settles so as to leave a depression, the permittee shall be required to make further
necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide
drainage of the area.
(6)The permittee shall be required to repair all portions of any street across or along and under
which pipelines are laid and place the same in as good a state of repair and condition as they
were at the time the construction, repair or removal was commenced, such repairs to be to the
satisfaction of the city.
(7)Upon completion of the pipeline, the permittee shall provide the director with three as-built (or
record) drawings of the pipeline, showing the route, distances and shut-off valve locations.
These drawings shall be submitted in digital format acceptable to the city.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-242. - Pipeline location.
(a)Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of
locating new pipelines in established corridors in the city shall be considered from the perspective of
the pipeline owner or operator, taking into consideration the following:
(1)The availability and cost of corridor space;
(2)The availability and cost of right-of-way to and from the corridor;
(3)Technical, environmental, safety, efficiency and cost issues related to building, operating and
maintaining both the portion of the pipeline that would be located in the corridor and the lengths
of pipeline required to gain access to and from routing through a corridor;
(4)Any delays in right-of-way acquisition or pipeline construction that may result from routing
through a corridor;
(5)The availability of an alternative right-of-way to the owner or operator; and
Page 16
(6)All other matters that a prudent pipeline owner or operator would consider in selecting the route
for a new pipeline.
Provided that the owner or operator has considered in good faith the use of existing corridors
within the city, the determination of the owner or operator as to the feasibility shall be
determinative, unless there is clear and convincing evidence that contradicts the conclusion of
the owner or operator.
(b)When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should,
to the extent practical:
(1)Follow property boundaries of fee parcels or existing easements to avoid unnecessary
fragmentation of land andavoid diagonal routes that would create slivers of land between public
ways, except if following:
a.Manmade or topographical features is in the public interest;
b.Boundary lines or existing easements is impractical under the circumstances;
c.Boundary lines or existing easements poses safety concerns; or
d.Boundary lines or existing easements would not be feasible.
(2)Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and
areas of historical or cultural significance, unless appropriate mitigation measures are
undertaken to the satisfaction of the director; and
(3)Avoid conflict with existing or planned urban developments as well as the location of planned
future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and
ditches incident to such future development.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-243. - Liability.
A condition of granting any permit shall require the permittee to save the city harmless from liability
for injury or damage to any person or person's property caused by the construction, relocation,
repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any
public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to
the city by construction relocation, repositioning, maintenance, operation, repair or removal of such
pipeline or any part thereof.
(1)Except in an emergency, the permittee shall notify the director 48 hours before commencing at
any time excavation in any portion of any said unpaved or unimproved street, and not wholly
close any street, but shall at all times maintain a route of travel along and within such roadway
area, to the extent such travel was allowed prior to the excavation.
(2)In the event of an emergency, it being evident that immediate action is necessary for the
protection of the public and to minimize property damage and loss of investment, permittee
may, at its own responsibility and risk make necessary emergency repairs, notifying the city
police dispatch of this action as soon as practical, but not later than one hour after commencing
repairs or maintenance.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-244. - Insurance and bonding requirements.
(a)Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation,
reposition or replacement, and shall further maintain at all times during the life of the permit,
commercial general liability insurance for bodily injury and property damage, including explosion,
collapse and underground hazard, coverage in the minimum combined single limit amount of
$1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public
Page 17
way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as
additional insureds.
(b)A certificate of insurance specifying the coverage required in subsection (b) of this section with an
insurance company having acceptable insurance rating shall be furnished to the director prior to the
issuanceof any permit. Such certificates of insurance shall provide that at least 30 days prior written
notice for the termination or modification of the required insurance shall be given to the city.
(c)In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which
demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the
most recent corporate financial report which is acceptable to the city council as giving assurance of
the applicant's financial ability to comply with the requirements of this section.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-245. - Pipeline permit updates.
It shall be the responsibility of the permittee to provide, in writing, updated information on the
following aspects of each permit:
(1)Name and mailing address of the pipeline owner.
(2)Name and telephone number of two officers or persons available on a 24-hour basis who can
furnish or obtain immediately, information as to the pressure at the point or points of input
nearest to the city and the common name of the commodity carried by the pipeline.
(3)A description of the commodity(s) being transported through the pipeline. A copy of the material
safety data sheets for the commodity(s) shall be included with the update if the owner or
operator is required by federal or state law to have material safety data sheets available.
This information will be provided with the annual update or upon transference or any change in
ownership.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-246. - Pipeline signs.
Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain,
indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in thepipeline right-
of-way where said pipeline rights-of-way cross public streets, public properties or public rights-of-way.
(Ord. No. 2004-2755, § 1, 7-12-04)
Sec. 102-247. - Penalties.
Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and
such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor;
and upon final conviction, every person, firm, association, corporation or partnership guilty of such
violation shall be fined in a sum not more than $2,000.00 per each day of violation.
(Ord. No. 2004-2755, § 1, 7-12-04)
Page 18
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Corby AlexanderCorby AlexanderSource of Funds:Source of Funds:
Requested By:Requested By:
AdministrationAdministrationAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.Port Crossing Development AgreementPort Crossing Development Agreement
2.Site PlanSite Plan
3.Proposed view from Hwy 146Proposed view from Hwy 146
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The Port Crossing development is located on approximately 300 acres fronting the west side of The Port Crossing development is located on approximately 300 acres fronting the west side
of
Highway 146 and is bisected by Wharton Weems Blvd. This development is located in and participates Highway 146 and is bisected by Wharton Weems Blvd. This development is located in
and participates
in the Citys Tax Increment Res Tax Increment Re--investment Zone. As such, there is a development agreement in place investment Zone. As such, there is a development agreement in
place
with the owner/developer, Liberty Property Trust. This agreement includes a stipulation that exterior with the owner/developer, Liberty Property Trust. This agreement includes a stipulation
that exterior
storage would not be permitted at the complex. storage would not be permitted at the complex.
However, Liberty Property Trust has identified a need to allow exterior storage for certain tenants. In However, Liberty Property Trust has identified a need to allow exterior storage
for certain tenants. In
particular, Liberty has tenants east of Powell Road and west of the large drainage channel (please see particular, Liberty has tenants east of Powell Road and west of the large drainage
channel (please see
the enclosed site plan), that would need exterior storage. While the entire complex is a Planned Unit the enclosed site plan), that would need exterior storage. While the entire complex
is a Planned Unit
Development, the underlying land use is Business Industrial (BI). According to the zoning code, exterior Development, the underlying land use is Business Industrial (BI). According
to the zoning code, exterior
storage is permitted in BI zoned areas.storage is permitted in BI zoned areas.storage is permitted in BI zoned areas.storage is permitted in BI zoned areas.
Staff has spent time negotiating possible options with Liberty to accommodate their needs. Staff Staff has spent time negotiating possible options with Liberty to accommodate their
needs. Staff
respectfully requests that Council consider the following amendments to the development agreement respectfully requests that Council consider the following amendments to the development
agreement
with the Liberty Property Trust.with the Liberty Property Trust.
Agreement will be amended to allow exterior storage in those parts of the complex with BI as an Agreement will be amended to allow exterior storage in those parts of the complex with
BI as an
underlying use provided that:underlying use provided that:
No hazardous chemicals be stored outsideNo hazardous chemicals be stored outside
Developer will install screen fencing, at least 8 feet tall, surrounding that areas for exterior storageDeveloper will install screen fencing, at least 8 feet tall, surrounding that
areas for exterior storage
Developer will install a landscape buffer surrounding the screen fencingDeveloper will install a landscape buffer surrounding the screen fencing
Height of any exterior storage items must be below the top of the screen fencingHeight of any exterior storage items must be below the top of the screen fencing
Liberty will agree to begin construction of the two buildings fronting Hwy 146 within 24 months of Liberty will agree to begin construction of the two buildings fronting Hwy 146 within
24 months of
the date of the revised agreement (noted on site plan with a red outline).the date of the revised agreement (noted on site plan with a red outline).
All building(s) included in the site plan and proposed along Hwy 146 frontage are to begin All building(s) included in the site plan and proposed along Hwy 146 frontage are to begin
construction within 36 months.construction within 36 months.
Should the developer fail to construct any building fronting Hwy 146 in the prescribe timeline, the Should the developer fail to construct any building fronting Hwy 146 in the prescribe
timeline, the
City will required masonry fence to provide additional screening along the eastern boundary of the City will required masonry fence to provide additional screening along the eastern
boundary of the
BI portion of the complex.BI portion of the complex.
Should Council agree, in concept, with the proposed changes, staff will work with legal for actual Should Council agree, in concept, with the proposed changes, staff will work with legal
for actual
language to amend the development agreement. Council would then have another opportunity to language to amend the development agreement. Council would then have another opportunity
to
review final language prior to actually amending the agreement.review final language prior to actually amending the agreement.
Action Required of Council:Action Required of Council:
Consider approval or other action regarding amendments to the Port Crossing Development agreement Consider approval or other action regarding amendments to the Port Crossing Development
agreement
to allow exterior storage on a portion of the development.to allow exterior storage on a portion of the development.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
February 27, 2017February 27, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Traci LeachTraci LeachSource of Funds:Source of Funds:
Requested By:Requested By:
AdministrationAdministrationAccount Number:Account Number:
Department:Department:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
At the February 13, 2017 Council meeting, Council requested that an action item be placed on the next At the February 13, 2017 Council meeting, Council requested that an action item
be placed on the next
agenda to extend the agenda to extend the go livego livedate for the ONE Solution implementation to April 15, 2017. date for the ONE Solution implementation to April 15, 2017.
An Executive Session item is also on this agenda to allow the Council to discuss legal options related to An Executive Session item is also on this agenda to allow the Council to discuss
legal options related to
the existing Sungard contract.the existing Sungard contract.
Action Required of Council:Action Required of Council:
Consider approval or other action to extend the deadline for Consider approval or other action to extend the deadline for go livego livefor ONE Solution core finance for ONE Solution
core finance
functions to April 15, 2017.functions to April 15, 2017.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate