HomeMy WebLinkAbout04-10-17 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 April 10, 2017, Notice is hereby given of a Regular Meeting of the La Porte City Council to be held
April 10, 2017,
beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas, beginning at 6:00 PM in the City Hall Council Chambers, 604 W. Fairmont Parkway, La
Porte, Texas,
for the purpose of considering the following agenda items. All agenda items are subject to action.for the purpose of considering the following agenda items. All agenda items are subject
to action.
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Dr. B.L. Worsham, Second Baptist Church.The invocation will be given by Dr. B.L. Worsham, Second Baptist Church.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Kristin Martin.The Pledge of Allegiance will be led by Councilmember Kristin Martin.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)Proclamation Proclamation -- Sexual Assault Awareness Month Sexual Assault Awareness Month -- Mayor Rigby Mayor Rigby
(b)Proclamation Proclamation -- Fair Housing Month in the City of La Porte Fair Housing Month in the City of La Porte -- Mayor Rigby Mayor Rigby
(c)Proclamation Proclamation -- National Animal Control Officer Appreciation Week National Animal Control Officer Appreciation Week -- Mayor Rigby Mayor Rigby
(d)Proclamation Proclamation -- National Public Safety National Public Safety -- Telecommunications Week Telecommunications Week -- Mayor Rigby Mayor Rigby
5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
6.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council
and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on March 27, 2017 Consider approval or other action regarding minutes of the meeting held on March 27, 2017
-
P. FogartyP. Fogarty
(b)Consider approval or other action regarding an Ordinance amending Sections 2 and 5 of Consider approval or other action regarding an Ordinance amending Sections 2 and 5 of
Ordinance 2017Ordinance 2017--3661, concerning appointment of election judges for the City's general 3661, concerning appointment of election judges for the City's general
election on May 6, 2017 election on May 6, 2017 -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding a Resolution authorizing the resale of tax Consider approval or other action regarding a Resolution authorizing the resale of tax
delinquent property located at Lot 5, Block 1, Battleground Estates delinquent property located at Lot 5, Block 1, Battleground Estates -- S. Wolny S. Wolny
(d)Consider approval or other action regarding the purchase of Neptune meters form HD Supply Consider approval or other action regarding the purchase of Neptune meters form HD Supply
-- M. Dolby M. Dolby
(e)Consider approval or other action regarding proposed amendments to development Consider approval or other action regarding proposed amendments to development
agreement with Liberty Property Trust to allow exterior storage with identified restrictions in agreement with Liberty Property Trust to allow exterior storage with identified restrictions
in
portion of Port Crossing Business Parkportion of Port Crossing Business Park-- C. Alexander C. Alexander
(f)Consider approval or other action regarding a Resolution authorizing the City Manager and the Consider approval or other action regarding a Resolution authorizing the City Manager
and the
La Porte Police Department to submit for the Crime Victim's Liaison Grant covering 2018 and La Porte Police Department to submit for the Crime Victim's Liaison Grant covering 2018 and
2019 Fiscal Years in order to continue partial funding for the Crime Victim's Liaison position 2019 Fiscal Years in order to continue partial funding for the Crime Victim's Liaison position
-
K. AdcoxK. Adcox
(g)Consider approval or other action rejecting all bids for Bid # 17012 for Headstart Facility Consider approval or other action rejecting all bids for Bid # 17012 for Headstart Facility
Parking Improvements Parking Improvements -- D. Pennell D. Pennell
(h)Consider approval or other action awarding Bid #17013 for an Automated Weather Consider approval or other action awarding Bid #17013 for an Automated Weather
Observation System Observation System -- D. Pennell D. Pennell
(i)Consider approval or other action awarding Bid #17014 for Lomax Arena Parking Lot Consider approval or other action awarding Bid #17014 for Lomax Arena Parking Lot
Improvements Improvements -- D. Pennell D. Pennell
7.AUTHORIZATIONSAUTHORIZATIONS
(a)Consider approval or other action regarding an appeal by American Recyclers of the City's Consider approval or other action regarding an appeal by American Recyclers of the City's
denial for the operation of donation collection bins at 9701 Fairmont Parkway and 8300 denial for the operation of donation collection bins at 9701 Fairmont Parkway and 8300
Spencer Highway Spencer Highway -- C. Alexander C. Alexander
8.REPORTSREPORTS
(a)Receive report of the Fiscal Affair Committee Receive report of the Fiscal Affair Committee -- Councilmember Engelken Councilmember Engelken
9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Planning and Zoning Commission Meeting, Thursday, April 20, 2017Planning and Zoning Commission Meeting, Thursday, April 20, 2017
City Council Meeting, Monday, April 24, 2017City Council Meeting, Monday, April 24, 2017
Zoning Board of Adjustment Meeting, Thursday, April 27, 2017Zoning Board of Adjustment Meeting, Thursday, April 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. Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, information or existing policies. Councilmembers K. Martin, Kaminski, Zemanek, Leonard,
Engelken,
Earp, Clausen, J. Martin and Mayor RigbyEarp, Clausen, J. Martin 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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public
officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano, officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano,
Municipal Court Judge.Municipal Court Judge.
12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive
session. session.
13.ADJOURNADJOURN
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 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 April 10, 2017 , agenda of items to be considered by the City Council was posted on the City I certify that a copy of the April 10, 2017 , agenda of items
to be considered by the City Council was posted on the City
Hall bulletin board on April 4, 2017.Hall bulletin board on April 4, 2017.
Council Agenda Item Council Agenda Item
April 10, 2017 April 10, 2017
1.CALL TO ORDERCALL TO ORDER
2.INVOCATIONINVOCATIONThe invocation will be given by Dr. B.L. Worsham, Second Baptist Church.The invocation will be given by Dr. B.L. Worsham, Second Baptist Church.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCEThe Pledge of Allegiance will be led by Councilmember Kristin Martin.The Pledge of Allegiance will be led by Councilmember Kristin Martin.
4.PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONSPRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS
(a)Proclamation Proclamation -- Sexual Assault Awareness Month Sexual Assault Awareness Month -- Mayor Rigby Mayor Rigby
(b)Proclamation Proclamation -- Fair Housing Month in the City of La Porte Fair Housing Month in the City of La Porte -- Mayor Rigby Mayor Rigby
(c)Proclamation Proclamation -- National Animal Control Officer Appreciation Week National Animal Control Officer Appreciation Week -- Mayor Rigby Mayor Rigby
(d)Proclamation Proclamation -- National Public Safety National Public Safety -- Telecommunications Week Telecommunications Week -- Mayor Rigby Mayor Rigby
5.PUBLIC COMMENTSPUBLIC COMMENTS (Limited to five minutes per person.) (Limited to five minutes per person.)
****************************************************************** ******************************************************************
WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts
every person in this community; and
WHEREAS, rape, sexual assault, and sexual harassment harm our community, with statistics showing 1 in 5 women and 1
in 71 men will be raped at some point in their lives; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that 1 in 6 boys and 1 in 4 girls will
experience a sexual assault before age 18; and
WHEREAS, we must work together to educate our community about sexual violence prevention, supporting survivors, and
speaking out against harmful attitudes and actions; and
WHEREAS, prevention is possible when everyone gets involved. By promoting safe behaviors, thoughtful policies and
healthy relationships, we can create safe and equitable communities where every person is treated with respect. The first
step is to increase education, awareness, and community involvement; and
WHEREAS, April is Sexual Assault Awareness Month, but each day of the year is an opportunity to create change for the
future.
Now, Therefore, I, Mayor Louis R. Rigby, along with members of the La Porte City Council, proudly proclaim the month of April,
2017 as
SEXUAL ASSAULT AWARENESS MONTH
In the City of La Porte, and join with advocates and communities across the country in taking action to prevent sexual
violence, by taking all opportunities to create change for the future.
IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this
th
the 10 day of April, 2017.
CITY OF LA PORTE
______________________________
Louis R. Rigby, Mayor
Office of the Mayor
Proclamation
WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and
declares it a national policy to provide, within constitutional limits, for fair housing in the United States; and
WHEREAS, The principle of Fair Housing is not only national law and national policy, but a fundamental
human concept and entitlement for all Americans; and
WHEREAS, The National Fair Housing Law, during the month of April, provides an opportunity for all
Americans to recognize that complete success in the goal of equal housing opportunity can only be
accomplished with the help and cooperation of all Americans.
NOW, THEREFORE, I, Mayor Louis R. Rigby, along with members of the La Porte City Council, do hereby
declare the month of April as the month to urge all citizens of this locality to become aware of and support the
Fair Housing Law and therefore proclaim this month as
Fair Housing Month in the City of La Porte
th
In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 10
day of April 2017.
CITY OF LA PORTE
______________________________
Louis R. Rigby, Mayor
WHEREAS, the National Animal Control Association has designated the second week of April each year as Animal Control
Officer Appreciation Week; and
WHEREAS, the various federal, state and local government officials throughout the country take this time to recognize, thank and
commend all Animal Control officers and staff for the dedicated service they provide to various public safety and public service
agencies and departments across the country; and
WHEREAS, the City of La Porte Animal Control officers and staff provide outstanding service on a daily basis to the residents of
the City; and
WHEREAS, Animal Control officers and staff dedicate many long hours of service to this community and fulfill the Animal
WHEREAS, the service provided by the Animal Control officers and their staff is in keeping with the long and distinguished
tradition of the animal control profession.
Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, proudly proclaim April 9 through 14,
2017, as
ANIMAL CONTROL OFFICER APPRECIATION
IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this
the 10th day of April, 2017.
.
.
CITY OF LA PORTE
______________________________
Louis R. Rigby, Mayor
WHEREAS, emergencies can occur at anytime that require police, fire or emergency medical services; and
WHEREAS, when an emergency occurs the prompt response of police officers, firefighters and Paramedics
is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers, firefighters and paramedics is dependent upon the quality
and accuracy of information obtained from citizens who telephone the La Porte police fire communications center; and
WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Dispatchers are the single vital link for our police officers, firefighters, and
paramedics by monitoring their activities by radio, providing them information and insuring their
safety; and
WHEREAS, Public Safety Dispatchers of the La Porte Police Department have contributed substantially
to the apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the
performance of their job in the past year;
Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, proudly proclaim April 9 through 14,
2017, as
-TELECOMMUNICATIONS
In the City of La Porte, in honor of the men and women whose diligence and professionalism keep our city and citizens safe
from harm.
IN WITNESS THEREOF, I have hereto set my hand and caused the Seal of the City to be affixed hereto, this
the 10th day of April, 2017.
.
.
CITY OF LA PORTE
______________________________
Louis R. Rigby, Mayor
Council Agenda Item Council Agenda Item
April 10, 2017 April 10, 2017
6.CONSENT AGENDACONSENT AGENDA(All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council
and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
(a)Consider approval or other action regarding minutes of the meeting held on March 27, 2017 Consider approval or other action regarding minutes of the meeting held on March 27, 2017
-
P. FogartyP. Fogarty
(b)Consider approval or other action regarding an Ordinance amending Sections 2 and 5 of Consider approval or other action regarding an Ordinance amending Sections 2 and 5 of
Ordinance 2017Ordinance 2017--3661, concerning appointment of election judges for the City's general 3661, concerning appointment of election judges for the City's general
election on May 6, 2017 election on May 6, 2017 -- P. Fogarty P. Fogarty
(c)Consider approval or other action regarding a Resolution authorizing the resale of tax Consider approval or other action regarding a Resolution authorizing the resale of tax
delinquent property located at Lot 5, Block 1, Battleground Estates delinquent property located at Lot 5, Block 1, Battleground Estates -- S. Wolny S. Wolny
(d)(d)Consider approval or other action regarding the purchase of Neptune meters form HD Supply Consider approval or other action regarding the purchase of Neptune meters form HD Supply
Consider approval or other action regarding the purchase of Neptune meters form HD Supply Consider approval or other action regarding the purchase of Neptune meters form HD Supply
-- M. Dolby M. Dolby
(e)Consider approval or other action regarding proposed amendments to development Consider approval or other action regarding proposed amendments to development
agreement with Liberty Property Trust to allow exterior storage with identified restrictions in agreement with Liberty Property Trust to allow exterior storage with identified restrictions
in
portion of Port Crossing Business Parkportion of Port Crossing Business Park-- C. Alexander C. Alexander
(f)Consider approval or other action regarding a Resolution authorizing the City Manager and the Consider approval or other action regarding a Resolution authorizing the City Manager
and the
La Porte Police Department to submit for the Crime Victim's Liaison Grant covering 2018 and La Porte Police Department to submit for the Crime Victim's Liaison Grant covering 2018 and
2019 Fiscal Years in order to continue partial funding for the Crime Victim's Liaison position 2019 Fiscal Years in order to continue partial funding for the Crime Victim's Liaison position
-
K. AdcoxK. Adcox
(g)Consider approval or other action rejecting all bids for Bid # 17012 for Headstart Facility Consider approval or other action rejecting all bids for Bid # 17012 for Headstart Facility
Parking Improvements Parking Improvements -- D. Pennell D. Pennell
(h)Consider approval or other action awarding Bid #17013 for an Automated Weather Consider approval or other action awarding Bid #17013 for an Automated Weather
Observation System Observation System -- D. Pennell D. Pennell
(i)Consider approval or other action awarding Bid #17014 for Lomax Arena Parking Lot Consider approval or other action awarding Bid #17014 for Lomax Arena Parking Lot
Improvements Improvements -- D. Pennell D. Pennell
****************************************************************** ******************************************************************
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
MARCH 27, 2017
The City Council of the City of La Porte met in a regular meeting on Monday, March 27, 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, Clausen, Leonard, Zemanek, and Kaminski. Also
present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City
Attorney Clark Askins.
2. INVOCATION The invocation was given by Brian Christen, La Porte Community Church.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Jay Martin.
4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS
(a) Proclamation Jesse Garcia Day Mayor Rigby
Mayor Rigby presented a proclamation to the Garcia family in honor of Jesse Garcia Day.
(b) Proclamation La Porte Special Olympics Shrimp Boil Day Mayor Rigby
Mayor Rigby presented a proclamation for the La Porte Special Olympics Shrimp Boil Day.
(c) Recognition Certificate of Appreciation John Samuel Gianukos Mayor Rigby
Mr. John Samuel Gianukos was not present for his recognition.
5. PUBLIC COMMENTS (Limited to five minutes per person.)
6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be removed and considered separately.)
(a) Consider approval or other action regarding minutes of meeting held on March 13, 2017 P.
Fogarty
(b) Receive 2016 Comprehensive Annual Financial (CAFR) Report M. Dolby
Page 1 of 3
March 27, 2017, Council Meeting Minutes
(c) Consider approval or other action regarding a Resolution authorizing the City Manager as the
authorized grant official and approving the grant application for Digital Forensics Investigative
Equipment, through the Criminal Justice Division, Office of the Governor, State of Texas K.
Adcox
(d) Consider approval or other action regarding a Resolution authorizing the City Manager as the
authorized grant official and approving the grant application for the Firearms Training Simulator
through the Criminal Justice Division, Office of the Governor, State of Texas K. Adcox
Councilmember Engelken made a motion to approve the Consent Agenda Items pursuant to staff
recommendations. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY
9/0.
7. AUTHORIZATIONS
(a) Consider approval or other action authorizing the City Manager to execute a Local Government
Code Chapter 380 Agreement between the City of La Porte and Oakland Land and
Development Company for Sector 23 economic development program T. Leach
Assistant City Manager Traci Leach presented a summary.
Jeff Burkhalter and Bill Campbell, with Oakland Land and Development Company, and Public Works
Director Don Pennell provided additional information.
Councilmember Earp made a motion to authorize the City Manager to execute a Local Government
Code Chapter 380 Agreement between the City of La Porte and Oakland Land and Development
Company for Sector 23 economic development program. Councilmember Zemanek seconded the
motion. MOTION PASSED UNANIMOUSLY 9/0.
8. REPORTS
(a) Receive report of the La Porte Development Corporation Board Councilmember Engelken
Councilmember Engelken provided a report of the La Porte Development Corporation Board meeting
held prior to the City Council Meeting.
9. ADMINISTRATIVE REPORTS
There were no additional reports.
10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual information.
Councilmember J. Martin recognized the Garcia Family and commented he is looking forward to the
upcoming Shrimp Boil;
Councilmember K. Martin recognized the Garcia Family and commented how the death of Jesse Garcia
is a great loss to the community;
Councilmember Kaminski recognized the Garcia Family;
Page 2 of 3
March 27, 2017, Council Meeting Minutes
Councilmember Zemanek recognized the Garcia Family and commented he is proud to call Jesse
Garcia a friend, and that he will be sorely missed. Councilmember Zemanek also commented he is
looking forward to the Shrimp Boil;
Councilmember Leonard had no additional comments;
Councilmember Engelken recognized the Garcia Family, and congratulated Brian Sterling on his
retirement Friday, March 31, 2017, after serving 30 years with the City and wished him well on his
endeavors in retirement;
Councilmember Earp sent his condolences to the Garcia Family; sent best wishes to the Special
Olympics on the shrimp boil; reminded everyone about the Lomax Cook-off is this weekend; and
reminded everyone to come out to enjoy Bar-B-Que and a good time;
Councilmember Clausen recognized the Garcia Family and agreed that Jesse will be sorely missed; he
hopes the Shrimp Boil goes well; and he mentioned the Lomax Cook-off and the Livestock Show
coming up soon;
Mayor Rigby recognized how important Jesse Garcia was in the community and sent his condolences
to the family; and mentioned that this Wednesday, March 29, 2017, is the State of the City at the
Houston Yacht Club.
11. ADJOURN - There being no further business, Councilmember Earp made a motion to adjourn the
meeting at 6:33 p.m. Councilmember Leonard seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on April 10, 2017.
________________________________
Mayor Louis R. Rigby
Page 3 of 3
March 27, 2017, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: April 10, 2017
Source of Funds: General Budget
Requested By:Patrice Fogarty, City Secretary
Account Number: 6067-510-6004
Department: City Secretary
Amount Budgeted:$35,000
Report: Resolution: Ordinance: X
Amount Requested:$35,000
Budgeted Item:YESNO
Exhibits: Amending Ordinance
SUMMARY & RECOMMENDATION
At the January 9, 2017 meeting, Council adopted Ordinance No. 2017-3661, which, among
other things, ordered the general election for the City of La Porte on May 6, 2017, and
appointed election officials.
Martha Gillett was appointed Presiding Judge of the Central Counting Station at City Hall on
Election Day; andBarbara Matusak was appointed Presiding Judge for Districts 1, 2, 3, & 6 at
the ITC Building on Election Day.
Staff has been advised that neither Martha Gillett nor Barbara Matusak are available to fulfill
duties of an election official on Election Day.
Theordinance this evening proposes to amend Ordinance No.
2017-3661by appointing Jana Wood as Presiding Judge of the Central Counting Station and
Debbie Yancey as Presiding Judge for Precincts 1, 2, 3, & 6 on Election Day.
Action Required by Council:
Consider approval or other action of an ordinance amending Sections 2 and 5 of Ordinance No.
2017-3661in order to appoint Jana Wood as Presiding Judge of the Central Counting Station
andDebbie Yancey as Presiding Judge for Precincts 1, 2, 3, and 6 on Election Day for the
general election to be held on May 6, 2017.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Shelley WolnyShelley WolnySource of Funds:Source of Funds:
Requested By:Requested By:
FinanceFinanceAccount 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.ResolutionResolution
2.Resale 2012Resale 2012--1898418984
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the If a property is sold or struck off to a taxing unit that is party to
the judgment, the taxing unit may sell the
property at any time by public or private sale. The City of La Porte has had these properties on the property at any time by public or private sale. The City of La Porte has had these
properties on the
public resale list for more than an adequate amount of time and has received a bid for the minimum bid public resale list for more than an adequate amount of time and has received a
bid for the minimum bid
amount set by the judgment or higher; at this time staff is asking the City Council to pass a resolution to amount set by the judgment or higher; at this time staff is asking the City
Council to pass a resolution to
approve the sale of the property listed below for the amount that has been offered. approve the sale of the property listed below for the amount that has been offered.
2012-18984 Lot 5 Block 1, Battleground Estates Sec 1 Lot 5 Block 1, Battleground Estates Sec 1 Offer $10,249.00Offer $10,249.00
(Adjudged Value = $10,249.00, Cost + Taxes + Liens = $13.236.41) (Adjudged Value = $10,249.00, Cost + Taxes + Liens = $13.236.41)
Action Required of Council:Action Required of Council:
Consider approval of the Resolution authorizing the sale on the property listed above.Consider approval of the Resolution authorizing the sale on the property listed above.
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
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Capital OutlayCapital Outlay
Michael DolbyMichael DolbySource of Funds:Source of Funds:
Requested By:Requested By:
0039890655110000398906551100
FinanceFinanceAccount Number:Account Number:
Department:Department:
$250,000$250,000
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
$250,000$250,000
Other:Amount Requested:Amount Requested:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1.Sole Source LetterSole Source Letter
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
In 2005, the City entered into an Interlocal Participation Agreement with the City of Pearland to piggy In 2005, the City entered into an Interlocal Participation Agreement with the
City of Pearland to piggy
back off the contract for an Automated Meter Reader (AMR) wireless system with HD Supply. Part of back off the contract for an Automated Meter Reader (AMR) wireless system with HD Supply.
Part of
that contract was to change out all meters to a Neptune meter and electronic register. The life cycle of a that contract was to change out all meters to a Neptune meter and electronic
register. The life cycle of a
meter is about ten years. Meters throughout the city are failing resulting in more staff time to manually meter is about ten years. Meters throughout the city are failing resulting in
more staff time to manually
read the meters.read the meters.
As part of the FY 2016As part of the FY 2016--2017 Capital Improvement Project, funds were budgeted for the water meter 2017 Capital Improvement Project, funds were budgeted for the
water meter
replacement project for the replacement of the failing meters for the AMR wireless system. Neptune replacement project for the replacement of the failing meters for the AMR wireless
system. Neptune
meters were used as part of the AMR system and components of other manufacturers are not meters were used as part of the AMR system and components of other manufacturers are not
compatible with Neptune; therefore the meters have to be replaced with Neptune meters. HD Supply is compatible with Neptune; therefore the meters have to be replaced with Neptune meters.
HD Supply is
the only distributor in the Houston and Southeast Texas area for the Neptune meters making them the the only distributor in the Houston and Southeast Texas area for the Neptune meters
making them the the only distributor in the Houston and Southeast Texas area for the Neptune meters making them the the only distributor in the Houston and Southeast Texas area for
the Neptune meters making them the
sole source supplier for this area.sole source supplier for this area.
The cost of a residential meter or a 3/4 x 5/8 meter is $204.76, it is estimated that over 1200 meters will The cost of a residential meter or a 3/4 x 5/8 meter is $204.76, it is estimated
that over 1200 meters will
be replaced this fiscal year.be replaced this fiscal year.
Action Required of Council:Action Required of Council:
Consider approval or other action to purchase Neptune meters from HD Supply.Consider approval or other action to purchase Neptune meters from HD Supply.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
March 20, 2017
Subject: Neptune Sole Source Document for SE Texas
Cherell,
Neptune Technology Group, Inc. has always valued La Porte,Texas as a loyal
customer. I want to clarify that HD Supply-Houston is the exclusive Neptune
distributor for NSight software and R900 metering in the SE Texas area. As the sole
source provider of all Neptune products, the City of La Porte can continue to
depend on the local HD Supply branch for all your metering system needs.
Regards,
Rex Baxter
Senior Territory Manager
Neptune Technology Group, Inc.
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 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.Amended Development AgreementAmended Development Agreement
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
thth
At the February 27At the February 27 City Council meeting, the City Council approved, at least in concept, revisions to City Council meeting, the City Council approved, at least in
concept, revisions to
the Citys development agreement with Liberty Property Trust, LLC, the owners of the Port Crossing. s development agreement with Liberty Property Trust, LLC, the owners of the Port
Crossing.
Attached is revised development agreement for final approval. Attached is revised development agreement for final approval.
Action Required of Council:Action Required of Council:
Consider approval or other action regarding proposed amendments to development agreement with Consider approval or other action regarding proposed amendments to development agreement
with
Liberty Property Trust to allow exterior storage with identified restrictions in portion of Port Crossing Liberty Property Trust to allow exterior storage with identified restrictions
in portion of Port Crossing
Business Park.Business Park.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
AMENDED DEVELOPMENT AGREEMENT
- Successors
day of _________, 2017.
Recitals
This agreement amends the previous version of this agreement approved by the City Council on September 11,
2006 and August 24, 2015.
Owner-Developer is developing an approximately 300-acre tract in the City of La Porte, as the Port Crossing,
which is referred to as the Tract and defined hereinafter in Article I. Owner-Developer and the Other Owners
are developing the Tract, presently zoned PUD, for retail, commercial, and business park with some industrial
uses. Owner-Developer and the Other Owners shall construct municipal utilities, including streets, a water
distribution system, wastewater collection system, and the storm drainage/detention system that will connect
with the existing City of La Porte and other regional systems in accordance with development regulations and
policies of the City, Harris County, and Harris County Flood Control District.
Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability partnership
and FLPCW, LP, a Tex
land also containing a total of approximately 63 acres out of the Tract are joining in this Agreement for the
purpose of confirming their agreement to develop their respective portions of the Tract pursuant to the
provisions of this Agreement.
The City has required, and Owner-Developer and the Other Owners have agreed, that the Tract will be
developed in accordance with the General Plan approved by the City (as defined below and attached hereto).
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the
City and Owner-Developer agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have
the following meanings:
City means the City of La Porte, Texas.
General Plan means the plan for the physical development and use of the Tract as defined herein and approved
by the City on 24th day of August, 2015, and as it may be amended from time to time..
Owner-Developer means Port Crossing Land, LP or their assigns or succeeding developers (or their designated
agent or agents).
H-1491319901x_at.docx
Tract means the approximately 300 acres of land to be developed by Owner-Developer as described in Exhibit
A.
1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully
incorporated herein:
Exhibit A - Special Conditional Use Permit #15-91000004
Exhibit B - General Plan
Exhibit C - Land Use Exceptions
Exhibit D - Recorded Declaration of Restrictive Covenants for Port Crossing applicable to all construction and
uses.
Exhibit E- Traffic Control Plan
ARTICLE II. GENERAL PLAN AND LAND USE
2.1 General Plan and Land Use. Owner-Developer and Other Owners shall develop their respective
portions of the entire Tract in accordance with the General Plan, SCUP and this Agreement (including any
amendments made thereto) approved by the City. The General Plan is attached as Exhibit B and additional Land
Use Restrictions are provided for in paragraph 2.3. The Owner-Developer and Other Owners shall only be
responsible for compliance with the General Plan, SCUP and this Agreement with respect to their respective
portions of the entire Tract.
2.2 Amendments.
the Tract as a predominantly commercial PUD development, with some industrial components consistent with
provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this
Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development
shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement.
Should Developer determine that the General Plan needs to be amended, Developer shall submit an application
for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with
this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be
amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this
Agreement shall be in writing.
2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and
land uses shall be further restricted according to Exhibit C, except for the permitted uses authorized by Exhibit
ARTICLE III. RESTRICTIVE COVENANTS
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3.1 Development of Restrictive Covenants. Owner-Developer has developed a Draft Declaration of
covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially
recorded concurrently with each recorded plat.
ARTICLE IV. TERMINATION
4.1 Term. This Agreement shall have a term commencing on the date first written above, and continuing
until the date in which all portions of the Tract have been platted and developed (with construction of all streets
and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner-Developer.
Failure of Owner-Developer to begin construction in accordance with the Special Conditional Use Permit as
scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner-
Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning
Commission, in the event that construction has not started in accordance with the Special Conditional Use
Permit.
ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION
5.1 Open Space/Pedestrian System. The Owner-Developer shall provide common open space as shown in
the General Plan, including any required public sidewalks within the rights-of-way noted on the Plat on at least
one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan
approved by the City.
In coordination with the Owner-Developer and the Harris County Flood Control District, the City will accept
the drainage and detention facilities as public domain with right of entry, Maintenance of said facilities will rest
solely with the Owner-
5.2 Buffering and Beautification. The Owner-Developer shall implement a uniform and/or compatible
landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to
Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or
wide) shall be provided along the west side of
Powell Road and shall include landscaping materials compatible with the Declaration of Restrictive Covenants.
A landscape buffer, a minimum of 5
reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than
screen, shall be landscaped compatible with the ultimate use of that adjacent property A row of standard
automobile parking stalls is permitted within the Landscape Buffer subject to the following criteria:
i. Shrubs are required in the Landscape Buffer adjacent to the right-of-way
and shall be spaced at three feet on center. At maturity, shrubs in a required Landscape Buffer should
form a continual evergreen hedge or row of 36 inch in height.
ii. A planter at the ratio of one for every ten parking spaces is required.
iii. Planters (minimum 135 square feet) shall not abut on more than two sides of required perimeter
landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the
H-1491319901x_at.docx - 3 -
parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees
planted around the perimeter of the parking lot.
5.3Signage. The Owner-Developer shall comply with the sign standards policy, as part of the recorded
guidance
to insure effective and uniform signage is employed throughout the project. This policy will include uniform
and/or compatible project identification monuments, business signage, street and other traffic directional
devices conforming to the Tra
5.4Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be
held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to
conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements
will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions,
enforced by the POA.
ARTICLE VI. SCHEDULE
6.1Schedule. The Owner-Developer or Other Owners, as applicable, shall establish a specific schedule for
the development of and construction improvements on the Tract with the end user(s). However, in lieu of and
as the basis of that detailed schedule, the following work program is anticipated:
Initiation of a complete engineering study, including drainage and preliminary infrastructure design.
Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as
Section One. This would include a rail connection to the main line and a minimum spur connection to
the first building anticipated, water and sanitary sewer service, initial drainage, and detention to
accommodate Phase One;
Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in
accordance with the Traffic Study recommendations or as needed for development purposes;
Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of
Wharton Weems Blvd. within one (1) year of SCUP approval;
Platting, site plan, and detailed engineering plan review by the City of La Porte and others;
Initiation of construction pursuant to item 6.1 above, identified as Phase One; and
Continuation of remainder of development as rapidly as market demands.
ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY
7.1Hazardous Materials. The Owner-Developer agrees no hazardous materials as identified in state and
federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the
POA in concert with the City.
ARTICLE VIII. TRAFFIC CONTROL PLAN
8.1.1Traffic Control Plan. The Owner-Developer has established a Traffic Control Plan (shown on the
r the entire project to regulate to the extent practical project-generated vehicular traffic.
H-1491319901x_at.docx - 4 -
In Section One, based on the target market use, the Traffic Control Plan will include designated truck routes to
and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and
utilization of common cross easements between tracts for internal circulation.
8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146 via Powell
Road to Wh- General
Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent
practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In
addition, Owner-Developer shall employ routing plans, driver instruction, and other controls as necessary to
obtain compliance of carriers, employees, and regular contractors or service vendors.
8.3 Driveway Access. The Owner-Developer shall establish driveway access controls that shall be
controlled through restrictive covenants, architectural controls and City Site Plan review. This will include
conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway
Manual, Harris County, Texas, and the City Zoning Code (106-835) pursuant to specific site plan review.
Unless otherwise approved during review of preliminary plats and the Plat, driveways along SH146 entering
this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on
SH146 shall have at least one opening. Provision shall be made, where practical, for internal cross-access
easements to maximize ingress, egress and circulation to minimize congestion on public rights-of-way and to
encourage traffic to be directed to Wharton Weems Blvd. interchange.
8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and
other public and private sector interests to implement the timely study and/or construction of transportation
components.
ARTICLE IX. SITE RAIL TRAFFIC
9.1 Site Rail Traffic.
partnership, an affiliate of one of the partners of Owner-Developer, as applicable, will continue to work with
the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On-site rail
facilities and operations shall be controlled by Rail Logix in order to maximize rail efficiency and minimize
peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner Developer, Other Owners and Rail
Logix agree and acknowledge that the rail yard as depicted on the General Plan shall be limited to a maximum
of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road.
ARTICLE X. UTILITIES, DRAINAGE
10.1 Utilities, Drainage. The Owner-Developer shall design and construct adequate water, wastewater, and
drainage facilities to serve each phase of this project in accordance with City requirements and as further
defined by this Agreement. As to water and sanitary sewer, this would include a water system that would
deliver 4-
main on the east side of S.H. 146 and a gravity wastewater disposal system that f
H-1491319901x_at.docx - 5 -
The Developer will provide a drainage study for the Tract. The study and design of drainage improvements
shall meet the requirements and approval of the City and Harris County Flood Control District. Owner-
standards and policies. City shall approve all construction plans and specifications for public improvements in
accordance with the applicable Public Improvement Criteria Manual.
ARTICLE XI. BUILDING LINES
11.1 Building Lines. The Owner-Developer shall establish building lines appropriate to the use, but not less
than those prescribed in the City Code of Ordinances in effect on September 11, 2006. Within the industrial
Land Uses area west of Powell Road there will be a landscaped 50-foot buffer and building line along Powell
Road. Similarly, along State Highway 146, a 50-foot landscape buffer and building line shall be maintained.
These respective 50- foot landscape buffers shall be kept free from all other uses with the exception of signage,
drainage and detention improvements, and approved drives, parking and entrances. Owner-Developer agrees
that other building lines will be either equal to or greater than that required by the zoning ordinance in effect on
September 11, 2006, for the land use shown and shall be based on site use and orientation of the improvements
or as shown on the General Plan.
ARTICLE XII. MISCELLANEOUS
12.1 Sale of Tract; Assignability. Any contract by Owner-Developer to sell the entirety or any portion of
whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such
Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this
Contract be binding on such Successor Developer.
12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in
part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of
such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied
on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be
suspended during the continuance of inability then claimed, but for no longer period; and any such party shall
employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy,
orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of
government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an
inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure
may not be claimed by Owner-Developer under any set of circumstances prior to commencement of
construction on the Tract.
12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall
be prosecuted on this Contract except in a federal or state court of competent jurisdiction.
12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of
any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation
H-1491319901x_at.docx - 6 -
hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under
any circumstances.
12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request,
reply, or advice (herein severally and collective
permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be
given or be served by depositing the same in the United States mail postpaid and registered or certified and
addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be
conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of
three (3) days after its deposited. Notice given in any such other than the manner shall be effective when
received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as
hereinafter provided, be as follows:
If to the City, to: If to Owner/Developer, to:
City of La Porte Port Crossing Land, LP
Attn: City Manager Michael Plank
604 West Fairmont Parkway 3330 S. Sam Houston Pkwy. E.
La Porte, Texas 77571 Houston, TX 77047
and
Port Crossing Land, LP
Michael Luecht
One Pierce Place, Suite 450
Itasca, IL 60143
The parties shall have the right from time to time and at any time to change their respective addresses and each
shall have the right to specify any other address by at least fifteen (15) days written notice to the other.
12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and
incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject
matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of
the parties.
12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-Developer and shall not be
construed to confer any benefit on any other person except as expressly provided for herein.
12.8 In the event of any litigation between the parties with respect to this Agreement, the
party.
12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the City does not,
by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive
any governmental immunity that the City, its officers, employees, or representatives, have under any law.
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12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to herein as
Owner-Developer shall not be or constitute a breach of this agreement by the other party of Owner-Developer.
12.11 Covenant Running With the Land. The obligations imposed on Owner Developers herein shall not
impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be
binding on the present owners of the Tract as well as subsequent owners thereof.
(This space intentionally left blank)
H-1491319901x_at.docx - 8 -
OWNER-DEVELOPER:
Liberty Property Limited Partnership,
a Texas limited partnership
By: Liberty Property Limited Partnership, LLC
a Texas limited liability company
it general partner
By: _________________________________
Hans Brindley, Vice President, Market Leader, Houston
Date:________________________________
OTHER OWNERS:
DEL PISO INVESTMENTS, LLLP, an Arizona limited
liability limited partnership
By: Harl Avenue Investments, L.L.C., an Arizona
limited liability company, its general partner
By: _________________________________
By:________________________________
Date:________________________________
H-1491319901x_at.docx - 9 -
FLPCW, LP
a Texas limited partnership
By: FLP Candle GP, Inc.,
a Texas corporation its general partner
By: _________________________________
George Cook, President
Date:________________________________
National Property Holdings, L.P.,
a Texas limited partnership
By: National Property Holdings GP, LLC,
a Texas limited liability company
its general partner
By: _________________________________
Michael J. Plank, President
Date:________________________________
Powell Road Logistics, L.P.,
a Texas limited partnership
By: Powell Road Logistics GP, LLC
a Texas limited liability company,
its general partner
By: _________________________________
Michael J. Plank, President
Date:________________________________
H-1491319901x_at.docx - 10 -
CITY OF LA PORTE, TEXAS
By: _________________________________
City Manager
Date:________________________________
ATTEST:
_______________________________
Patrice Fogarty, City Secretary
APPROVED:
__________________________________
Clark T. Askins, Assistant City Attorney
H-1491319901x_at.docx - 11 -
LandUseExceptions'
InreserveswheretheGeneralPlanindicatesͻD/ͼuses,allusespermittedintheCityofLa
PorteZoningOrdinanceUseCharteffectiveonSeptember11,2006,underGCindicatedwitha
ͻtͼΜarepermittedherewiththeexceptionof:
BuildingConstructionΑGeneralContractorsandSpecialTradeContractors(152161,
171179)
AutomotiveRepairServices(751754)
OutdoorSalesasaPrimaryorAccessoryUse
OutdoorStorageasaPrimaryorAccessoryUse
ResidentialUses
InreserveswheretheGeneralPlanindicatesͻ.Lͼuses,allusespermittedintheCityofLaPorte
ZoningOrdinanceUseCharteffectiveonSeptember11,2006,underBI(indicatedwithaͻtͼΜ
arepermittedherewiththeexceptionof:
BuildingConstructionΑGeneralContractorsandSpecialTradeContractors(152161,
171179)
AutomotiveRepairServices(751754)
OutdoorSalesasaPrimaryorAccessoryUse
OutdoorStorageasaPrimaryorAccessoryUse,includinganystorageofShipping
Containers,unless:
A)Theowner,lesseeorotherentityinlegalcontrolofthepropertycomplies
withthefollowingrequirements:
1)TheareausedforOutdoorStorageissituatedeastofPowellRoadandwestof
thedrainagecorridor.
2)TheareausedforOutdoorStorageissurroundedonallsidesbyscreen
fencingnolessthaneight(8)feetinheightatanypoint.
3)Alandscapingbufferisinstalledadjacenttoandalongallportionsoftheexteriorside
ofthescreenfencing,unlessboththeOwnerDeveloperandtheCityagreeinwriting
thatanyportionofthelandscapingcanbeomittedforpracticalpurposes.
4)HeightofanyOutdoorStorageitemdoesnotexceedtheheightofthescreen
fencing.
5)NoOutdoorStorageitemsconsistofhazardousmaterials,includinghazardous
chemicals.
6)SurfaceusedforOutdoorStorageisconstructedofconcrete.
1AttachedtoandincorporatedintothisexhibitistheusechartfortheCityofLaPorteZoning
OrdinanceasofSeptember11,2006.TotheextentthatthezoningordinancefortheCityofLaPorte
hasbeenorisamended,afterthedateSpecialConditionalUsePermit#SCU06006wasfirstadopted,to
modify,eliminateorreplacethepermittedusesorthedistrictsdescribedinthisexhibit,thisexhibit
controlsunaffectedbyanychange.
B)Additionally,asaprerequisitetothecontinuedallowanceforOutdoorStorage
containedinsubparagraphͻ!ͼaboveforeligibletracts,OwnerDeveloper(asthat
termisdefinedintheDevelopmentAgreement)must:
1)CommenceconstructionoftwobuildingsfrontingStateHwy146,within
twentyfour(24)monthsofMarch27,2017.
2)CommenceconstructionofallbuildingsproposedalongStateHwy146,within
thirtysix(36)monthsofMarch27,2017.
3)ShouldOwnerDeveloperfailtoconstructanybuildingfrontingStateHwy146
intheprescribetimeline,amasonryfenceshallbeinstalledbyOwnerDeveloper,
oritssuccessor,toprovideadditionalscreeningalongtheeasternboundaryofthe
BIportionoftheTract.
GeneralContractors,HeavyConstruction(161,162,1541)
OffPremisesSigns
InreserveswheretheGeneralPlanindicatesͻ\[Lͼuses,allusespermittedintheCityofLaPorte
ZoningOrdinanceUseCharteffectiveonSeptember11,2006,underLI(indicatedwithaͻtͼΜ
arepermittedherewiththeexceptionof:
BuildingConstructionΑGeneralContractorsandSpecialTradeContractors(152161,
171179)
AutomotiveRepairServices(751754)
OutdoorSalesasaPrimaryorAccessoryUse
OutdoorStorageasaPrimaryorAccessoryUse,includinganystorageofShipping
Containers
GeneralContractors,HeavyConstruction(161,162,1541)
ManufacturingofChemicalsandAlliedProducts(282285
OffPremisesSigns
AnadditionalpermitteduseshallbeSICManualMajorGroup30(RubberandMisc.
PlasticsProducts
InReserveͻ!ЍͼlabeledͻwğźƌğƩķͼontheGeneralPlan,allusespermittedintheCityofLa
PorteZoningOrdinanceUseCharteffectiveonSeptember11,2006,underLI(indicatedwitha
ͻtͼarepermittedherewiththeexceptionof:
BuildingConstructionΑGeneralContractorsandSpecialTradeContractors(152161,
171179)
AutomotiveRepairServices(751754)
OutdoorSalesasaPrimaryorAccessoryUse
\[Typehere\]
OutdoorStorageasaPrimaryorAccessoryUse,includinganystorageofShipping
Containers
GeneralContractors,HeavyConstruction(161,162,1541)
ManufacturingofChemicalsandAlliedProducts(282285)
OffPremisesSigns
AnadditionalpermitteduseshallbeSICManualMajorGroup30(RubberandMisc.
PlasticsProducts)
arecertainHIusespermittedintheCityofLaPorteZoning
Additionalpermitteduses
Ordinanceassociatedwithrailservicessuchas:
Arailyardwithamaximumof22raillinesispermitted;
Railservicetoanddistributionfromwarehousesproposed;
Railservicetolightmanufacturingnototherwiseexemptedherein.
\[Typehere\]
Exhibit D
to Amended Development Agreement
PORT CROSSING
1. Declaration of Protective Covenants and Easements Port Crossing ("Declaration")
recorded under Harris County Clerk's No. 20070587011 on September 26, 2007
2. AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS
- PORT CROSSING \[following pages\]
C:\\Users\\SanchezG\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\DHK5HCCW\\Ex. D to Dev Agmt -
Port Crossing - Declaration.docx
1
AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS
PORT CROSSING
This Amendment of Declaration of Protective Covenants and Easements Port Crossing is
executed upon the following terms and conditions.
Factual Recitals
A. Declaration of Protective Covenants and Easements Port Crossing
("Declaration") was recorded under Harris County Clerk's No. 20070587011 on September 26,
2007, to encumber approximately 300 acres of land known as "Port Crossing located in La Porte,
Harris County, Texas" (the "Property").
B. Liberty Property Limited Partnership, a Pennsylvania limited partnership, was
assigned all interest as the "Developer" of the Property by Assignment of Developer Rights
recorded in Harris County Clerk's File No. 20150414841 recorded on September 11, 2015 (the
"Assignment"), and therefore succeeds all rights of the Developer.
C. Article 13 "Amendments" of the Declaration provides that the Declaration may be
amended at any time by writing executed by the fee owners of real property within the Property
equal to at least two-thirds of the total square footage in the Property, plus the Developer.
D. The Declaration is referenced in the Special Conditional Use Permit ("SCUP") for
Port Crossing approved by the City as SCUP No. 15-91000004, dated September 24, 2015.
E. The parties desire to amend the Declaration
NOW THEREFORE, for Ten Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the undersigned amend the Declaration
as follows:
1. Article 3, Section G is deleted in its entirety and replaced with the following:
"G. Outside Storage or Operations; Screening. No outside storage of any kind
shall be permitted except as expressly provided herein, or as otherwise approved in writing
by the Board. Retail sales equipment may be displayed outside in a manner which is
architecturally compatible with the other improvements on the Tract, with the approval of
the Board. Water towers, cooling towers, communication towers, fans, exterior processing
equipment, storage tanks, roof-top equipment, ground-mounted equipment, and any other
similar structures or equipment are permitted, provided that they are either (i)
architecturally compatible with the other improvements on the Tract, or (ii) effectively
screened from view from any public or private street in a manner approved by the Board.
All screening devices shall be subject to compliance by laws, regulations, codes and
ordinance of all applicable governmental authority.
Articles, goods, materials, incinerators, storage tanks, boats, trailers, campers,
horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or
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associated equipment of a recreational or commercial nature, refuse containers or like
equipment shall be prohibited, unless effectively screened from view from a public or
private street or adjacent building in a manner approved by the Board. Such screening
shall shield such stored items and equipment from view from the ground floor level of
adjacent buildings. No materials or equipment may be stored within the applicable Set
Back Line for any street.
The foregoing notwithstanding, outdoor storage is permitted under the following
conditions:
A) The owner, lessee or other entity in legal control of the particular Tract complies
with the following requirements:
1) The area used for outdoor storage is situated east of Powell Road and west of
the drainage corridor.
2) The area used for outdoor storage is surrounded on all sides by screen fencing
no less than eight (8) feet in height at any point.
3) A landscaping buffer is installed adjacent to and along all portions of the exterior
side of the screen fencing, unless both the owner and the City agree in writing that
any portion of the landscaping can be omitted for practical purposes.
4) Height of any outdoor storage item does not exceed the height of the screen
fencing.
5) No outdoor storage items consist of hazardous materials, including hazardous
chemicals.
6) Surface used for outdoor storage is constructed of concrete.
B) Additionally, as a prerequisite to the continued allowance for outdoor storage
contained in subparagraph “A” above for eligible tracts, Developer (or its
successors) must:
1) Commence construction of two buildings fronting State Hwy 146, within twenty-
four (24) months of March 27, 2017.
2) Commence construction of all buildings proposed along State Hwy 146, within
thirty-six (36) months of March 27, 2017.
3) Should Developer (or its successors) fail to construct any building fronting State
Hwy 146 in the prescribe timeline, a masonry fence shall be installed by Developer,
or its successors, to provide additional screening along the eastern boundary of
the BI portion of the particular Tract.
The references in the SCUP to the Declaration and the exhibits thereto, are henceforth
related to the Declaration as amended hereby.
Except as modified by this Amendment, the Declaration is ratified, and continues in full
force and effect.
This Amendment is effective when recorded.
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"DEVELOPER"
LIBERTY PROPERTY LIMITED PARTNERSHIP,
a Pennsylvania limited partnership
By: Liberty Property Trust,
a Maryland real estate investment trust,
its Sole General Partner
By:
Name:
Title:
STATE OF __________________ §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this ______ day of _______________,
2016, by _____________________________________, ________________________ of
Liberty Property Trust, a Maryland real estate investment trust, Sole General Partner of LIBERTY
PROPERTY LIMITED PARTNERSHIP, a Pennsylvania limited partnership, on behalf of said
limited partnership.
My Commission Expires:
Notary Public in and for
The State of ____________________
AFTER RECORDING RETURN TO:
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Wilson, Cribbs & Goren, P.C.
2500 Fannin
Houston, TX 77002
(Our File No. 6180-036
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SIGNATURE PAGE FOR
AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS
PORT CROSSING
,
a
By:
Name:
Title:
STATE OF __________________ §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this ______ day of _______________,
2016, by _____________________________________, ________________________ of
_________________________________________, a ______________________________, on
behalf of said ________________________________.
My Commission Expires:
Notary Public in and for
The State of ____________________
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6
SIGNATURE PAGE FOR
AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS
PORT CROSSING
,
a
By:
Name:
Title:
STATE OF __________________ §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this ______ day of _______________,
2016, by _____________________________________, ________________________ of
_________________________________________, a ______________________________, on
behalf of said ________________________________.
My Commission Expires:
Notary Public in and for
The State of ____________________
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SIGNATURE PAGE FOR
AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS
PORT CROSSING
,
a
By:
Name:
Title:
STATE OF __________________ §
§
COUNTY OF ________________ §
This instrument was acknowledged before me on this ______ day of _______________,
2016, by _____________________________________, ________________________ of
_________________________________________, a ______________________________, on
behalf of said ________________________________.
My Commission Expires:
Notary Public in and for
The State of ____________________
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8
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Ken AdcoxKen AdcoxSource 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.ResolutionResolution
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Pursuant to the Texas Code of Criminal Procedure, Section 56.04, (c), Pursuant to the Texas Code of Criminal Procedure, Section 56.04, (c), Each local law enforcement Each local law
enforcement
agency shall designate one person to serve as the agency's Crime Victim Liaison.agency shall designate one person to serve as the agency's Crime Victim Liaison.
The duties of the Crime Victim Liaison include: to ensure that a victim, guardian of a victim, or close The duties of the Crime Victim Liaison include: to ensure that a victim, guardian
of a victim, or close
relative of a deceased victim of a crime involving bodily injury is afforded the rights granted victims in relative of a deceased victim of a crime involving bodily injury is afforded
the rights granted victims in
accordance with state law, including notification of victimaccordance with state law, including notification of victims rights; providing advocacy for victims; s rights; providing
advocacy for victims;
referring victims to community resources; and providing moral support during any time the victim is referring victims to community resources; and providing moral support during any time
the victim is
required to make a court appearance.required to make a court appearance.
For calendar years 2015 and 2016, the Crime Victim Liaison provided valuable services to one thousand For calendar years 2015 and 2016, the Crime Victim Liaison provided valuable services
to one thousand
eightyeighty--seven (1,087) victims. The Crime Victim Liaison was also able to assist victims with crime victim seven (1,087) victims. The Crime Victim Liaison was also able to assist
victims with crime victim seven (1,087) victims. The Crime Victim Liaison was also able to assist victims with crime victim seven (1,087) victims. The Crime Victim Liaison was also
able to assist victims with crime victim
compensation and monetary support in several cases where such was needed. Since the inception of compensation and monetary support in several cases where such was needed. Since the inception
of
the La Porte Police Departmentthe La Porte Police Departments Crime Victims Program in 2002, over four hundred seventys Crime Victims Program in 2002, over four hundred seventy--one
one
thousand dollars ($471,000.00) in Crime Victimthousand dollars ($471,000.00) in Crime Victims Compensation has been awarded to local crime s Compensation has been awarded to local
crime
victims with the assistance of the Departmentvictims with the assistance of the Departments Crime Victim Liaison.s Crime Victim Liaison.
The Crime Victim Liaison position is partially funded through a Crime VictimThe Crime Victim Liaison position is partially funded through a Crime Victims grant. As required by the
s grant. As required by the
Attorney GeneralAttorney Generals Office, a resolution is being sought authorizing the City Manager and Police s Office, a resolution is being sought authorizing the City Manager and
Police
Department to submit application for a two year continuation grant for the Crime Victim Liaison position. Department to submit application for a two year continuation grant for the
Crime Victim Liaison position.
The Grant request will be for the maximum allowable amount of fortyThe Grant request will be for the maximum allowable amount of forty--two thousand dollars two thousand dollars
($42,000.000) each year. Assuming that the full amount of the request is awarded, the City will be ($42,000.000) each year. Assuming that the full amount of the request is awarded,
the City will be
mandated to continue to support the program by absorbing approximately thirtymandated to continue to support the program by absorbing approximately thirty--eight thousand dollars eight
thousand dollars
($38,000.00) each year in its personnel operating budget to cover this position. If approved the new ($38,000.00) each year in its personnel operating budget to cover this position.
If approved the new
grant would run from 9/1/17 thru 8/31/19, encompassing the Stategrant would run from 9/1/17 thru 8/31/19, encompassing the States 2018 and 2019 fiscal years.s 2018 and 2019 fiscal
years.
Action Required of Council:Action Required of Council:
Consider approval or other action of a resolution authorizing the City Manager and the La Porte Police Consider approval or other action of a resolution authorizing the City Manager
and the La Porte Police
Department to submit for the Victim Coordinator and Liaison Grant (VCLG) for Fiscal Years 2018 and Department to submit for the Victim Coordinator and Liaison Grant (VCLG) for Fiscal
Years 2018 and
2019 in order to continue partial funding for the Crime Victim Liaison position.2019 in order to continue partial funding for the Crime Victim Liaison position.
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
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Grant 032Grant 032
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
032.7071.531.8029032.7071.531.8029
Public WorksPublic WorksAccount Number:Account Number:
Department:Department:
$120,000$120,000
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Amount Amount
Other:
$0$0
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1.Bid TabulationBid Tabulation
2.MapMap
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Council approved an Interlocal agreement with Harris County Department of Education (HCDE) for the Council approved an Interlocal agreement with Harris County Department of Education
(HCDE) for the
stst
City to manage design and construction of parking spaces along South 1City to manage design and construction of parking spaces along South 1 Street and the West I Street Street and
the West I Street
right of way at the HCDE Headstart facility. The HCDE provided $120,000.00 to fund the project. The right of way at the HCDE Headstart facility. The HCDE provided $120,000.00 to fund
the project. The
City agreed to provide some construction work with inCity agreed to provide some construction work with in--house forces should the project come in over house forces should the project
come in over
budget, as appears in alternate bid deducts in the Bid Tabulation attached. budget, as appears in alternate bid deducts in the Bid Tabulation attached.
Bid #17012 Headstart Facility Parking Improvements was advertised Feb 9 & 16, 2017, posted on Bid #17012 Headstart Facility Parking Improvements was advertised Feb 9 & 16, 2017, posted
on
Public Purchase and the CityPublic Purchase and the Citys website, 2 bids were received. Panorama is the apparent low bidder at s website, 2 bids were received. Panorama is the apparent
low bidder at
$163,401.71 base bid and $137,141.71 with Alternate bid items deducted. Panorama alternate bid $163,401.71 base bid and $137,141.71 with Alternate bid items deducted. Panorama alternate
bid
deduct unit prices do not match the bid unit prices for items 9, 10, 11, 22, 23, 24, 30, and 31. deduct unit prices do not match the bid unit prices for items 9, 10, 11, 22, 23, 24,
30, and 31.
Panorama was contacted by the Purchasing Division about the discrepancies and Panorama was not Panorama was contacted by the Purchasing Division about the discrepancies and Panorama
was not
willing to adjust the alternate deduct unit price to match the bid unit price. willing to adjust the alternate deduct unit price to match the bid unit price.
HCDE was contacted about the bids being over the fund amount and the direction they wanted to go HCDE was contacted about the bids being over the fund amount and the direction they wanted
to go
with the project. HCDE requested that the City reduce to scope of the project by deleting the West I with the project. HCDE requested that the City reduce to scope of the project by
deleting the West I
Street right of way parking. Street right of way parking.
Given that the low bid is not balanced and over budget. Second bid is over budget, staff recommends Given that the low bid is not balanced and over budget. Second bid is over budget,
staff recommends
rejecting all bids for Bid #17012 Headstart Facility Parking Improvements, amend the scope of work rejecting all bids for Bid #17012 Headstart Facility Parking Improvements, amend the
scope of work
eliminating the parking along the West I Street right of way, and reeliminating the parking along the West I Street right of way, and re--bid the project.bid the project.
Action Required of Council:Action Required of Council:
Consider approval or other action to reject all bids for Bid # 17012 Headstart Facility Parking Consider approval or other action to reject all bids for Bid # 17012 Headstart Facility
Parking
Improvements, amend the scope of work, and reImprovements, amend the scope of work, and re--bid the project. bid the project.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
BIDTABULATION
BID#17012HEADSTARTFACILITYPARKINGIMPROVEMENTS
DUE:FEBURARY28,2017AT2:00P.M.
AZTECREMODELINGAND
PANORAMA
LANDSCAPINGCO.
Item
No.UnitUnitPriceUnitPrice
GeneralItems QtyTotalPriceTotalPrice
1Mobilization1LumpSum$12,170.00$12,170.00$25,000.00$25,000.00
2TrafficControlandRegulation1LumpSum$1,970.00$1,970.00$3,000.00$3,000.00
3Sodding1,000SY$3.49$3,490.00$5.00$5,000.00
GeneralItemsSubtotal$17,630.00$33,000.00
ExistingParkingAreaItems
4ThermoplasticPavementMarkingsRegularParkingSpace(11)1LumpSum$605.00$605.00$700.00$700.00
5ThermoplasticPavementMarkingsRegularADA/HcapSpace(2)1LumpSum$325.00$325.00$750.00$750.00
6ThermoplasticPavementMarkingsVanADA/HcapSpace(1)1LumpSum$165.00$165.00$300.00$300.00
ExistingParkingAreaItemsSubtotal$1,095.00$1,750.00
ParkingArea1Items
76"ConcretePavement258SY65.35$16,860.30$63.00$16,254.00
84"CementStabilizedSand(CSS)50Tons58.91$2,945.50$70.00$3,500.00
9ConcreteCollar2EA$1,534.40$3,068.80$1,200.00$2,400.00
10AInlet(modifiedcollarperdetail)1EA$575.40$575.40$2,500.00$2,500.00
11StormSewer18"RCP111LF$72.82$8,083.02$60.00$6,660.00
12ThermoplasticPavementMarkingsRegularParkingSpace(10)1LumpSum$575.40$575.40$700.00$700.00
ParkingArea1ItemsSubtotal$32,108.42$32,014.00
ParkingArea2Items
133"AsphaltPavement167Tons$181.00$30,227.00$140.00$23,380.00
1410"RecycledCrushedCon.Base(RCCB)500Tons$45.21$22,605.00$60.00$30,000.00
15Lime6"Treatment(8%)23Tons$246.60$5,671.80$155.00$3,565.00
166"LimeStabilization1,000SY$5.95$5,950.00$8.00$8,000.00
17ThermoplasticPavementMarkingsRegularParkingSpace(25)1LumpSum$1,438.50$1,438.50$1,500.00$1,500.00
ParkingArea2Subtotal$65,892.30$66,445.00
ParkingArea3Items
183"AsphaltPavement48Tons$181.00$8,688.00$140.00$6,720.00
1910"RecycledCrushedCon.Base(RCCB)142Tons$45.21$6,419.82$60.00$8,520.00
20Lime6"Treatment(8%)7Tons$246.60$1,726.20$155.00$1,085.00
216"LimeStabilization284SY$5.95$1,689.80$8.00$2,272.00
22ConcreteCollar2EA$1,534.40$3,068.80$1,200.00$2,400.00
23AInlet(modifiedcollarperdetail)1EA$1,205.60$1,205.60$2,500.00$2,500.00
24StormSewer18"RCP134LF$72.79$9,753.86$60.00$8,040.00
25ThermoplasticPavementMarkingsRegularParkingSpace(12)1LumpSum$690.48$690.48$800.00$800.00
ParkingArea3Subtotal$33,242.56$32,337.00
ParkingArea4Items
263"AsphaltPavement19Tons$181.00$3,439.00$140.00$2,660.00
2710"RecycledCrushedCon.Base(RCCB)57Tons$45.19$2,575.83$60.00$3,420.00
28Lime6"Treatment(8%)3Tons$246.60$739.80$155.00$465.00
296"LimeStabilization114SY$5.95$678.30$8.00$912.00
30ConcreteCollar1EA$1,534.40$1,534.40$1,200.00$1,200.00
31StormSewer18"RCP60LF$69.64$4,178.40$60.00$3,600.00
32ThermoplasticPavementMarkingsRegularParkingSpace(5)1LumpSum$287.70$287.70$400.00$400.00
ParkingArea4Subtotal$13,433.43$12,657.00
BASEBIDTOTAL$163,401.71$178,203.00
Item
ItemDescriptionQtyUnitUnitPriceTotalPriceUnitPriceTotalPrice
No.
ALTERNATEBIDITEMS
9(DEDUCT)ConcreteCollar2EA$1,200.00$2,400.00$1,200.00$2,400.00
10(DEDUCT)AInlet(modifiedcollarperdetail)1EA$980.00$2,500.00$2,500.00
$980.00
11(DEDUCT)StormSewer18"RCP111LF$60.00$60.00$6,660.00
$6,660.00
ParkingArea1Subtotal$10,040.00$11,560.00
ParkingArea3Items
22(DEDUCT)ConcreteCollar2EA$1,200.00$2,400.00$1,200.00$2,400.00
23(DEDUCT)AInlet(modifiedcollarperdetail)1EA$980.00$980.00$2,500.00$2,500.00
24(DEDUCT)StormSewer18"RCP134LF$60.00$60.00$8,040.00
$8,040.00
ParkingArea3Subtotal$12,940.00
$11,420.00
ParkingArea4
30(DEDUCT)ConcreteCollar1EA$1,200.00$1,200.00$1,200.00$1,200.00
31(DEDUCT)StormSewer18"RCP60LF$60.00$3,600.00$60.00$3,600.00
ParkingArea4Subtotal$4,800.00
$4,800.00
ALTBIDDEDUCTTOTAL$26,260.00$29,300.00
ALTBIDTOTAL(BASEBIDMINUSALTBIDDEDUCT)$137,141.71$148,903.00
Highlightedcellindicatesthattheproposalincludedamathematicalerror.The
numbershownhereisthecorrectedamount.
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
Grant/Airport CIP Grant/Airport CIP
Don PennellDon Pennell
Requested By:Requested By:
Source of Funds:Source of Funds:
GrantGrant
AdministrationAdministration
Department:Department:
010.9891.618.1100010.9891.618.1100
Account Number:Account Number:
Report:Resolution:Resolution:Ordinance:Ordinance:
$150,000/$50,000$150,000/$50,000
Amount Budgeted:Amount Budgeted:
Other:
Amount Amount
$199,881$199,881
AttachmentsAttachments : :
Requested:Requested:
1.Bid ProposalBid Proposal
Budgeted Item:Budgeted Item:YESYESNONO
2.Bid Notification and Access ReportBid Notification and Access Report
3.Airport MapAirport Map
4.AWOS Description and SpecificationAWOS Description and Specification
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Council approved capital improvement project grant funding at 75/25 percent TXDOT/City participation Council approved capital improvement project grant funding at 75/25 percent TXDOT/City
participation
through the Texas Department of Transportation Aviation Division for the installation of an Automated through the Texas Department of Transportation Aviation Division for the installation
of an Automated
Weather Observing System (AWOS) at the La Porte Municipal Airport during the August 8, 2016 Weather Observing System (AWOS) at the La Porte Municipal Airport during the August 8, 2016
Council meeting. The project was estimated not to exceed $200,000, of which 75 percent would be Council meeting. The project was estimated not to exceed $200,000, of which 75 percent
would be
reimbursed to the City of La Porte. reimbursed to the City of La Porte.
The Airport AWOS installation location map (large north central area with circles around AWOS The Airport AWOS installation location map (large north central area with circles around
AWOS
location), operations description and technical specifications are attached. location), operations description and technical specifications are attached.
Advertised sealed bid # 17013, Automated Weather Observation System was opened March 14, 2017. Advertised sealed bid # 17013, Automated Weather Observation System was opened March 14,
2017.
Twenty three (23) vendors were notified, Thirteen (13) vendors downloaded bid documents and one (1) Twenty three (23) vendors were notified, Thirteen (13) vendors downloaded bid documents
and one (1) Twenty three (23) vendors were notified, Thirteen (13) vendors downloaded bid documents and one (1) Twenty three (23) vendors were notified, Thirteen (13) vendors downloaded
bid documents and one (1)
vendor submitted a bid. The bid meeting specifications was submitted by DBT Transportation Services vendor submitted a bid. The bid meeting specifications was submitted by DBT Transportation
Services
in the amount of $182,881.00 total bid.in the amount of $182,881.00 total bid.
Action Required of Council:Action Required of Council:
Consider approval or other action to award Bid No. 17013 to DBT Transportation Services in the amount Consider approval or other action to award Bid No. 17013 to DBT Transportation Services
in the amount
of $182,881.00 and authorize an additional $17,000.00 allocation to be utilized as a project contingency of $182,881.00 and authorize an additional $17,000.00 allocation to be utilized
as a project contingency
for a total project authorization of $199,881.00. for a total project authorization of $199,881.00.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Notification and Access Report to Sealed Bid #17013 - Automated Weather Observation System
NOTIFICATION REPORT:
Vendor NameDateReason
Adorama, Inc.2017-02-16 06:55:14Bid Notification
Aerowave Technologies2017-02-16 06:55:14Bid Notification
Bennett's (BPC Business Solutions dba Bennett's)2017-02-16 06:55:14Bid Notification
Boudreaux Communications Inc.2017-02-16 06:55:14Bid Notification
Chicago Tech, Inc.2017-02-16 06:55:14Bid Notification
CJIS GROUP LLC2017-02-16 06:55:14Bid Notification
Continental Wireless, Inc.2017-02-16 06:55:14Bid Notification
CrimeTech, Inc.2017-02-16 06:55:14Bid Notification
Crosspoint Communications2017-02-16 06:55:14Bid Notification
First Choice Communications2017-02-16 06:55:14Bid Notification
Forestry Suppliers, Inc.2017-02-16 06:55:14Bid Notification
Johnston Technical Services, Inc.2017-02-16 06:55:14Bid Notification
Motorola Solutions, Inc2017-02-16 06:55:14Bid Notification
Network Alliance, LLC 2017-02-16 06:55:14Bid Notification
PROPAC INC2017-02-16 06:55:14Bid Notification
Royal Media Network2017-02-16 06:55:14Bid Notification
SAT Radio Communications, LTD.2017-02-16 06:55:14Bid Notification
Southern Electronics Supply2017-02-16 06:55:14Bid Notification
Southern Science Supply2017-02-16 06:55:14Bid Notification
Sunset Survival & First Aid, Inc.2017-02-16 06:55:14Bid Notification
Tait Communications2017-02-16 06:55:14Bid Notification
Westward Environmental Inc.2017-02-16 06:55:14Bid Notification
Zetron2017-02-16 06:55:14Bid Notification
ACCESS REPORT:
Vendor NameDocuments
Charter Communications
CDW Government LLCBid 17013 Automated Weather Observing System Final.pdf
OnviaBid 17013 Automated Weather Observing System Final.pdf
BidClerkBid 17013 Automated Weather Observing System Final.pdf
Perkens WS CorporationBid 17013 Automated Weather Observing System Final.pdf
Campbell ScientificBid 17013 Automated Weather Observing System Final.pdf
Sam Anderson Pvt Ltd
global soft inc
North America Procurement CouncilBid 17013 Automated Weather Observing System Final.pdf
Crosspoint CommunicationsBid 17013 Automated Weather Observing System Final.pdf
Royal Media Network
Southern Science Supply
Vaisala Inc.Bid 17013 Automated Weather Observing System Final.pdf
Construction Market Data
Grand Cayon Minority Contractors Association and iSqFt Planroom Partnership
The Blue Book Building & Construction NetworkBid 17013 Automated Weather Observing System Final.pdf
Lindsay Circle, LLCBid 17013 Automated Weather Observing System Final.pdf
SOBid 17013 Automated Weather Observing System Final.pdf
Graphics Store
DyaconBid 17013 Automated Weather Observing System Final.pdf
I Sqft Plan Room
Construction Software TechnologiesBid 17013 Automated Weather Observing System Final.pdf
Tukmol General Contractor
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
015 General CIP015 General CIP
Don PennellDon PennellSource of Funds:Source of Funds:
Requested By:Requested By:
015.7070.530.1100015.7070.530.1100
Public WorksPublic WorksAccount Number:Account Number:
Department:Department:
$116,250$116,250
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Budgeted:Amount Budgeted:
Amount Amount
Other:
$85,885$85,885
Requested:Requested:
AttachmentsAttachments : :
Budgeted Item:Budgeted Item:YESYESNONO
1.Bid TabulationBid Tabulation
2.Notification & Access ReportNotification & Access Report
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The parking lot resurfacing at Lomax Park (Rodeo Arena) is identified in the fiscal year 2017 CIP budget The parking lot resurfacing at Lomax Park (Rodeo Arena) is identified in the
fiscal year 2017 CIP budget
for design and construction. The parking lot base is constructed with GS200 and has minor failure in for design and construction. The parking lot base is constructed with GS200 and has
minor failure in
some areas identified for base repair. The current surface is a one coat chip seal with normal some areas identified for base repair. The current surface is a one coat chip seal with
normal
deterioration. deterioration.
Bid #17014-Lomax Arena Parking Lot Improvements was advertised in the Bay Area Observer on Lomax Arena Parking Lot Improvements was advertised in the Bay Area Observer on
February 23, and March 2, posted on Public Purchase and the CityFebruary 23, and March 2, posted on Public Purchase and the Citys website. The access report is s website. The access
report is
attached. Bid #17014attached. Bid #17014--Lomax Arena Parking Lot Improvements was opened and read on March 14, Lomax Arena Parking Lot Improvements was opened and read on March 14,
2017, two bids were received. Low alternate bid is Aztec Landscaping and Remodeling at $77,885.00. 2017, two bids were received. Low alternate bid is Aztec Landscaping and Remodeling
at $77,885.00.
City staff contacted Rodeo officials and they prefer chip seal to asphalt overlay for hoofed animals. City staff contacted Rodeo officials and they prefer chip seal to asphalt overlay
for hoofed animals. City staff contacted Rodeo officials and they prefer chip seal to asphalt overlay for hoofed animals. City staff contacted Rodeo officials and they prefer chip seal
to asphalt overlay for hoofed animals.
Although the bid was prepared to include type D asphalt with a chip seal overlay, including the asphalt Although the bid was prepared to include type D asphalt with a chip seal overlay,
including the asphalt
would make this project over budget. Inwould make this project over budget. In--house City forces will level up any low spots not identified for house City forces will level up any
low spots not identified for
base repair with asphalt prior to chip seal. Staff recommends bid award, with a deduct for the type D base repair with asphalt prior to chip seal. Staff recommends bid award, with a
deduct for the type D
asphalt.
Staff Recommends award of Bid 17014 to Aztec Landscaping and Remodeling for $77,885.00 and a Staff Recommends award of Bid 17014 to Aztec Landscaping and Remodeling for $77,885.00 and
a
contingency of $8,000.00.contingency of $8,000.00.
Benefits:
There will be increased life of the parking lot 10There will be increased life of the parking lot 10--20 years.20 years.
Liabilities:
None
Operating Costs: Operating Costs:
None
Action Required of Council:Action Required of Council:
Consider approval or other action to award Bid #17014Consider approval or other action to award Bid #17014--Lomax Arena Parking Lot Improvements to Lomax Arena Parking Lot Improvements
to
Aztec Landscaping and Remodeling for base repair and resurfacing Lomax Arena Parking Lot and Aztec Landscaping and Remodeling for base repair and resurfacing Lomax Arena Parking Lot
and
authorize the City manager to enter into a construction contract in the amount of $77,885.00 and an authorize the City manager to enter into a construction contract in the amount of
$77,885.00 and an
$8,000.00 contingency.$8,000.00 contingency.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Bid Tabulation to Sealed Bid #17014 - Lomax Arena Parking Lot Improvements
Aztec Remodeling &
Landscaping Co.
AAA Asphalt Paving
Item Extended Extended
No.item DescriptionQtyUnitUnit PricePriceUnit PricePrice
1Mobilization1LS8000$8,000.003500$3,500.00
22" surface asphalt pavement - Type D1005tons107$107,535.00110$110,550.00
38" base repair asphalt pavement - Type A110tons114$12,540.0060$6,600.00
4Chip seal coat9038SYNO BIDNO BID7.5$67,785.00
$128,075.00$188,435.00
QtyUnit
Alternate Bid
1(DEDUCT) 2" surface asphalt pavement - Type D1005tonsNO BIDNO BID-$110,550.00
$128,075.00$77,885.00
Addendum AcknowledgedYes, no sealYes
CIQYesYes
Bid BondYesYes
Bid tabulation is preliminary and does not imply any type of award. Other factors may apply.
Sealed Bid #17014 - Lomax Arena Parking Lot Improvements
Notifications:
Vendor NameReason
3J Ryan, Inc.Bid Notification
A1 Construction ServicesBid Notification
AAA Asphalt Paving IncBid Notification
Advanced Facility MaintenanceBid Notification
AGR CONSTRUCTION,LLCBid Notification
AHRG, CorporationBid Notification
All Pro General Construction, Inc.Bid Notification
American Pavement SolutionsBid Notification
Angel Brothers Enterprises, Ltd.Bid Notification
aztec remodeling &landscaping companyBid Notification
Baukus ElectricBid Notification
Bergeron Emergency Services, Inc.Bid Notification
Brooks Concrete IncBid Notification
CDC NewsBid Notification
Century Asphalt, Ltd.Bid Notification
Ceres Environmental Services, Inc.Bid Notification
Concrete Raising CorporationBid Notification
D DavilaBid Notification
derk harmsen const. co incBid Notification
Detail ConstructionBid Notification
DM Construction LLCBid Notification
Dort & O'Connor ContractorsBid Notification
Durwood Greene Construction Co.Bid Notification
D & W Contractors Inc.Bid Notification
El Dorado Services Inc.Bid Notification
ERS, Inc.Bid Notification
Florida Traffic Control Devices, Inc.Bid Notification
Follis ConstructionBid Notification
Forde Construction CompanyBid Notification
General Contractor Services, Inc.Bid Notification
Graham County Land Company, LLCBid Notification
GW Phillips Construction, INC. Bid Notification
HARRIS CONSTRUCTION COMPANY, LTD.Bid Notification
Hayden Paving, Inc.Bid Notification
HDR Engineering, Inc.Bid Notification
Hearn CompanyBid Notification
ISC Global Services, Inc.Bid Notification
ISI Contracting, Inc.Bid Notification
iSqFt / AGC HoustonBid Notification
JDC ServicesBid Notification
JERDON ENTERPRISE, L.P.Bid Notification
J&G Concrete ProductsBid Notification
JIm Kodam Inc.Bid Notification
Kessler PaintingBid Notification
LAYNE INLINER, LLCBid Notification
MAR-CON SERVICES, LLCBid Notification
MHB Construction, Inc.Bid Notification
Midwest Energy Solutions, Inc.Bid Notification
OnviaBid Notification
Paskey IncorporatedBid Notification
Perkens WS CorporationBid Notification
Pfeiffer & Son, Ltd.Bid Notification
QC Laboratoires, Inc.Bid Notification
RAC Industries, LLCBid Notification
Reliance ConstructionBid Notification
Republic Traffic SafetyBid Notification
R.H. Shackelford, Inc.Bid Notification
R J Construction Company, IncBid Notification
RMB ManagementBid Notification
Royal Media Network Inc.Bid Notification
Sam Anderson Pvt LtdBid Notification
Sixth Man ConstructionBid Notification
SJ&J CONSTRUCTION, LLCBid Notification
SOBid Notification
Southern Road & BridgeBid Notification
South Houston Concrete Pipe Co., Inc.Bid Notification
South Ranger Construction Inc.Bid Notification
Stone Castle IndustriesBid Notification
T & A Turf and Irrigation, LLC.Bid Notification
Taylor & Taylor ConstructionBid Notification
Teamwork CnstructionBid Notification
TFR Enterprises, IncBid Notification
The Blue Book Building & Construction NetworkBid Notification
TLC Trucking & Contracting, Inc.Bid Notification
T&TBid Notification
Bid Notification
Access:
Vendor NameDocuments
AAA Asphalt Paving Inc.Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Angel Brothers Enterprises, Ltd.Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
aztec remodeling &landscaping companyAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
BidClerk
Brooks Concrete Inc
Century Asphalt, Ltd.Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Charter Communications
Concrete Raising CorpAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Construction Market Data
Construction Software TechnologiesAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Dale DobbinsBid 17014 Lomax Arena Parking Lot Improvements Final.pdf Addendum No. 1 to Bid 17014 .pdf
Dodge Data & Analytics
El Dorado Services Inc.Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
global soft inc
Grand Cayon Minority Contractors Association and iSqFt Planroom PartnershipAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
GW Phillips Construction, INC. Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Hayden Paving, Inc.Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Hearn CompanyAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
JERDON ENTERPRISE, L.P.
Millis Equipment Rental, LLC
North America Procurement CouncilAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
OnviaAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Perkens WS CorporationAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Public WorksAddendum No. 1 to Bid 17014 .pdf
Reliance Construction
RMB ManagementBid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Sam Anderson Pvt LtdAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
SOBid 17014 Lomax Arena Parking Lot Improvements Final.pdf
South Houston Concrete Pipe Co., Inc.Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
T and T Construction Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Taylor & Taylor ConstructionBid 17014 Lomax Arena Parking Lot Improvements Final.pdf
The Blue Book Building & Construction NetworkAddendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Tukmol General Contractor
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf Addendum No. 1 to Bid 17014 .pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
Addendum No. 1 to Bid 17014 .pdf Bid 17014 Lomax Arena Parking Lot Improvements Final.pdf
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
April 10, 2017April 10, 2017AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
N/AN/A
Corby AlexanderCorby AlexanderSource 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.Appeal Letters Appeal Letters -- American Recyclers American Recyclers
2.9701 Fairmont 9701 Fairmont -- Permit Application Permit Application
3.8300 Spencer Hwy 8300 Spencer Hwy -- Permit Applications Permit Applications
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
On January 31, 2017, City Council adopted Ordinance 2017On January 31, 2017, City Council adopted Ordinance 2017--3667 (effective March 1, 2017) requiring all 3667 (effective March 1,
2017) requiring all
donation collection bin owners to be a 501(c) (3) company. American Recyclers does not meet this donation collection bin owners to be a 501(c) (3) company. American Recyclers does
not meet this
requirement. Section 34requirement. Section 34--355 (c) of the ordinance allows a permit holder to file an appeal for a hearing 355 (c) of the ordinance allows a permit holder to file
an appeal for a hearing
with City Council no later than thirty (30) days after notice of the appeal is received. On March 13, 2017, with City Council no later than thirty (30) days after notice of the appeal
is received. On March 13, 2017,
the City received a request from American Recyclers appealing the Citythe City received a request from American Recyclers appealing the Citys denial of their two (2) donation s denial
of their two (2) donation
bin permits.
Action Required of Council:Action Required of Council:
Consider approval or other action of an appeal by American Recyclers requesting permits to operate Consider approval or other action of an appeal by American Recyclers requesting permits
to operate
donation collection bins at 9701 Fairmont Parkway and 8300 Spencer Highway.donation collection bins at 9701 Fairmont Parkway and 8300 Spencer Highway.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Council Agenda Item
April 10, 2017
8. (a) Receive report of the Fiscal Affairs Committee Councilmember Engelken
***********************************************************************************
Council Agenda Item Council Agenda Item
April 10, 2017 April 10, 2017
9.ADMINISTRATIVE REPORTSADMINISTRATIVE REPORTS
Planning and Zoning Commission Meeting, Thursday, April 20, 2017Planning and Zoning Commission Meeting, Thursday, April 20, 2017
City Council Meeting, Monday, April 24, 2017City Council Meeting, Monday, April 24, 2017
Zoning Board of Adjustment Meeting, Thursday, April 27, 2017Zoning Board of Adjustment Meeting, Thursday, April 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. Councilmembers K. Martin, Kaminski, Zemanek, Leonard, Engelken, information or existing policies. Councilmembers K. Martin, Kaminski, Zemanek, Leonard,
Engelken,
Earp, Clausen, J. Martin and Mayor RigbyEarp, Clausen, J. Martin 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 appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of
a public
officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano, officer or employee, unless the officer or employee requests a public hearing: Denise Mitrano,
Municipal Court Judge.Municipal Court Judge.
12.RECONVENERECONVENE into regular session and consider action, if any, on item(s) discussed in executive into regular session and consider action, if any, on item(s) discussed in executive
session. session.
13.ADJOURNADJOURN
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