Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-11-17 Regular Meeting of the La Porte City Council
CityofLaPorteΑCouncilMeeting December11,2017 AmericanHeartAssociationSilverPlusAward TheCityofLaPorteEMSalongwiththeassistanceoftheCityofLaPorteFire Departmentwasselectedtoreceivethe2017AmericanHeartAssociations ͻ{źƌǝĻƩPlusMissionLifeline!ǞğƩķͼfortheirquickandaggressivetreatment ofcardiacemergencies. EMSreceivedthisawardbasedonhowaccuratelyandconsistentlythey acquiredandtransmitted12lead9/Dƭtoreceivinghospitalphysicians.The 12lead9YDƭmeasuretheelectricalactivityofthehearttohelpthe paramedicdetermineifaheartattackisactuallyoccurring.Oncea determinationismade,theparamedicscanthenquicklyandaggressively treatthecardiacemergencywithadvancedtreatmentprotocols. TheCityofLaPorteEMSrespondstoover350callsforserviceayearinvolving cardiacemergenciesandencouragesthecommunitytolistentoyourbody andtakethesymptomsofchestpainveryseriousbyseekingmedical attentionasquicklyaspossibleastimeisoftheessence. About630,000AmericansdiefromheartdiseaseeachǤĻğƩΓƷŷğƷγƭ1inevery 4deaths.Coronaryheartdiseaseisthemostcommontypeofheartdisease, killingabout366,000peoplein2015. Thankyouallforyourcontinuedeffortsinthecardiaccareofthosewholive inandvisitourgreatcommunity.Youarealloutstandingparamedicsandwe areveryproudofyouraccomplishmentsinreceivingthisdistinguishedaward. City of La Porte EMS La Porte, TX Team Organizations: La Porte Fire Department Employee of the Quarter rd 3 Quarter 2017, April - June Larry Villarreal, Equipment Operator II Public Works Larry Villarreal joined the City of La Porte team in April of 2011. Apart from helping to ensure that our roadways remained clear for our first responders, removing fallen trees throughout the night and making himself available to our Solid Waste department by operating dump trucks and pickers to remove debris from flooded homes. He also has worked weekends when needed. He continues to go above by applying pesticides during the night to help fight the possible disease carrying nuisances from Hurricane Harvey, countless hours providing food, water, and clothing to shelters that hold displaced families. Larry takes every task head on, always striving to achieve completion of s to be a go-to employee, his attitude is infectious, and he is a great role model for anyone who has the privilege to work beside him. In recognition for his outstanding performance and persistent, positive attitude towards bettering our community, please join me in congratulating Larry Villarreal as our 2017 Employee of the Third Quarter. LOUIS RIGBY DARYL LEONARD Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Mayor Pro-Tem DOTTIE KAMINSKI Councilmember District 4 Councilmember At Large B JAY MARTIN DANNY EARP Councilmember District 5 Councilmember District 1 NANCY OJEDA CHUCK ENGELKEN Councilmember District 6 Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE NOVEMBER 13, 2017 The City Council of the City of La Porte met in a regular meeting on Monday, November 13, 2017, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Leonard, Engelken, and Earp. Also present were City Secretary Patrice Fogarty, City Manager Corby Alexander, and Assistant City Attorney Clark Askins. 2. INVOCATION The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Nancy Ojeda. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Recognition 2017 City University Participants Mayor Rigby Mayor Rigby recognized the 2017 City University City Participants and handed out Certificates to those participants who were in attendance. 5. PUBLIC COMMENTS (Limited to five minutes per person.) th Paul Larson, 200 N. 4 St., addressed Council concerning property at 621 W. Main St.; he is not in favor of demolishing this building. He would like to see the repeal of the demolition ordinance which was passed on September 25, 2017. Carol Gloyna, 616 N. Shady Lane, requested council allow temporary house at her home in an RV provided by the insurance company while her home is repaired due to flood damage in Hurricane Harvey. Mark Matthews, 2807 Crescent, stated he is appreciative of Officer Anthony Bish, La Porte Crime Prevention Officer. He stated Officer Bish handled himself well, with integrity and honesty. He stated he is very polite and helpful, and what was a bad situation got resolved thanks to him. Jay Azimpour, 5616 Richmond Ave. #275, Houston, TX, is the owner of the property at 621 W. Main, and stated he is ready to move forward with construction on the building. Page 1 of 9 November 13, 2017 Council Meeting Minutes Page 2 of 9 November 13, 2017 Council Meeting Minutes 6.CONSENT AGENDA(All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding the minutes of the meeting held on October 23, 2017 P. Fogarty (b) Consider approval or other action to rollover requested encumbrance from City of La Porte Fiscal Year 2017 Budget to City of La Porte Fiscal Year 2018 M. Dolby (c) Consider approval or other action regarding a Resolution adopting updated City of La Porte, Texas Investment Policy S. Wolny (d) Consider approval or other action awarding Bid #17027 for Printing and Mailing of Utility Bills S. Wolny (e) Consider approval or other action to purchase playground equipment in the amount of $102,092.48 for Little Cedar Bayou Park and Seabreeze Park, under Texas Buy Board Contract No. 512-16- R. Epting (f) Consider approval or other action regarding an Interlocal Agreement between the City of La Porte and Harris County for construction of drainage improvements across the North P. Street right-of-way, intersecting the Harris County Flood Control District Channel Unit F101-06 D. Pennell (g) Consider approval or other action authorizing the City Manager to execute contract with HDR Engineering for design and construction administration services under Lomax Area Lift Station Consolidation Project D. Pennell (h) Consider approval or other action awarding Bid #18001 for Pine Bluff Subdivision Improvements Project D. Pennell (i) Consider approval or other action authorizing purchase for vehicles and equipment replacements for Fiscal Year 2017-2018, under Texas Buy Board Contract No. 521-16 and HGAC Contract VE-11-15 D. Pennell (j) Consider approval or other action to purchase fleet equipment from CAP Fleet Outfitters under Texas Buy Board Contract No. 542-17 K. Adcox (k) Consider approval or other action regarding the purchase of COBAN Edge systems through COBAN Technologies, Inc., through HGAC Contract No. EF-04-17 K. Adcox (l) Consider approval or other action accepting the Fiscal Year 2017 audit/asset forfeiture report and associated financial records for the City of La Porte Police Department as required by Chapter 59 of the Texas Code of Criminal Procedure K. Adcox Councilmember Danny Earp filed a conflict of interest affidavit on Consent Agenda Item 6(h); he will vote on all items except 6(h). Councilmember Earp singled out Consent Agenda Item (f), and staff addressed his questions. Councilmember Zemanek singled out Consent Agenda Item (d), and staff addressed his questions. Page 3 of 9 November 13, 2017 Council Meeting Minutes Councilmember Ojeda singled out ConsentAgendaItem (d), and staff addressed her questions. Neither of these items were requested to be voted on separately. Page 4 of 9 November 13, 2017 Council Meeting Minutes Councilmember Engelken made a motionto approve Consent Agenda Itemspursuant to staff recommendations. Councilmember Jay Martin seconded the motion. MOTION PASSED UNANIMOUSLY 9/0 on Items 6 (a)-(g) and (i)-(l). Regarding Consent Agenda Item 6(h), Councilmember Earp abstained from voting on this item. MOTION PASSED 8/0/1. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, J. Martin, and K. Martin Nays: None Abstention: Councilmember Earp 7. AUTHORIZATIONS (a) Consider approval or other action authorizing the Planning Department to issue permits for use of temporary FEMA trailers with restrictions for City of La Porte residents affected by Hurricane Harvey R. Mancilla Planning and Development Director Richard Mancilla presented a summary. Councilmember Leonard made a motion to authorize the Planning Department to issue permits, with some restrictions, for use of temporary FEMA trailers for City of La Porte residents affected by Hurricane Harvey. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. (b) Consider approval or other action regarding an Ordinance to repeal Ordinance 2017-3682, which provided for the condemnation of a dangerous/substandard commercial building located at 621 W. Main St. Mayor Rigby Mayor Rigby presented the item for discussion and possible action. After lengthy discussion between councilmembers, the owner, the city manager, the engineer, and the assistant city attorney, Councilmember Earp stated he would be willing to propose granting up to 30 days to get a City permit and get building materials ordered. He stated that from the time they order the building, it will take four five months to build it. From permitting to erecting the building, it would take five months on a fast track. Mayor asked, so, five months from tomorrow? Councilmember Earp said total of roughly six months permit to finish would give a completion date of June 1, 2018. Councilmember Earp stated he would be in favor of granting until June 1 to have the project completed, but the owner must have a permit issued within 30 days from tomorrow. If a permit has not been issued within 30 days from tomorrow, then the building remains on the dangerous building list for demolition. Councilmembers Zemanek and Leonard agreed. Assistant City Attorney Clark Askins offered that an amendment could be made in the last section of the repeal ordinance currently being considered by Council to provide for a 28-day delayed effective date instead of becoming effective immediately. As Mr. Askins understands, he stated a motion could be made to pass ordinance, which would have the effect of repealing the condemnation ordinance (O-2017-3682) passed September 25, 2017, but with an amendment to add a 28-day delayed effective date. What council would be looking for in that 28-day period is proof the owner has been issued the necessary permit(s). Page 5 of 9 November 13, 2017 Council Meeting Minutes if theowner does not meet that condition, the repeal ordinance would not go into effect;and the demolition ordinance (Ordinance 2017-3682) would stand. During discussion, Council asked for an item on the December 11 council meeting agenda to receive a report on whether a permit/permits have been issued. Council also requested an item to vote on a June 1, 2018, project completion time, if permit/permits were issued within the 28-day deadline. City Manager Alexander stated he would confirm that the bid prices for demolition remain in effect so that process does not have to be re-started. Councilmember Earp made a motion to adopt the repeal ordinance with an amendment adding a 28- day delayed effective date; and if a permit has not been issued during the 28-day period, the repeal ordinance would not go into effect and the building would be subject to immediate demolition. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. 8. REPORTS (a) Receive report of the Fiscal Affairs Committee Councilmember Engelken Councilmember Engelken provided a report of the Fiscal Affairs Committee meeting held prior to the City Council meeting. (b) Receive report of the La Porte Development Corporation Board Councilmember Ojeda Councilmember Ojeda 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 Ojeda thanked all the department heads who cooperated and facilitated with City University; she thanked all who put the employee health fair together; and she thanked Richard Mancilla, Planning Department Director, for fast-tracking permits for 621 W. Main. Councilmember Jay Martin stated there were large CIP projects approved tonight and thanked Don Pennell for the work coming up; and he also asked for an update on the Texas Parks & Wildlife Building, and its demolition. Councilmember Kristin Martin thanked all who worked on City University; she stated the Harvest Banquet was a wonderful event and the food was delicious; and she wished everyone a Happy Thanksgiving. Councilmember Kaminski also attended the Harvest Banquet and stated the food was, indeed, delicious; and she thanked staff for putting on such a successful City University. Page 6 of 9 November 13, 2017 Council Meeting Minutes Councilmember Zemanek also thanked the City University grads; he stated he hopes we learned a lesson tonight and hopes broken processes can be fixed. He stated if we lay down a law, he hopes we adhere to it. He is very disappointed the building official was absent tonight because he wanted him to attend to answer some question, but he stated he knew he would be absent. Those staff members in those types of positions and he wished everyone a Happy Thanksgiving. Councilmember Leonard congratulated the City University grads, and he thanked the departments for working so well with this group. He wished everyone a Happy Thanksgiving. Councilmember Engelken wished everyone a Happy Thanksgiving; he thought the dialog process worked well tonight; he thanked council for approval for FEMA alternate living RVs; and he asked for a few more heavy trash pickup runs because people are still working on their homes and a lot of debris accumulates. Councilmember Earp wished everyone a Happy Thanksgiving and reminded everyone to be safe out there. Mayor Rigby gave an update on the 30th anniversary luncheon of the LEPC at Sylvan Beach. He stated County Judge Ed Emmett was a speaker, and the LEPC does a lot of essential behind the scenes work and thanked them; also, on Friday, November 10, the high school had their Veterans Day Ceremony, and it was very moving. A Vietnam Veteran was there to explain the meaning of the 13-fold process of the American Flag. Mayor Rigby pointed out that Councilmember Daryl Leonard was also in attendance that day, and Mayor Rigby thanked him for his service. Councilmember Leonard replied, Mayor Rigby reported the Honorable Brian Babin presented him with a U.S. flag which was flown over the United States Capitol on November 1, 2017. The plaque accompanying the flag request to Congressman Brian Babin from Dr. Robert Garcia, Disabled Vietnam Veteran.The Certificate accompanying the flag readsf the Honorable Brian Babin, Member of Congress, this flag was flown in recognition of The Honorable Louis R. Rigby, USAF (Ret.) for his dedicated service, continued patriotism to our Great Nation and many years supporting and helping Mayor Rigby stated it is very special to him because he is a veteran, and he thanked every veteran in the audience for their service. 11. EXECUTIVE SESSION The City 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, including, but not limited to, the following: Texas Government Code, Section 551.074 Personnel Matter: Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: City Manager Corby Alexander. City Council recessed the regular Council meeting to convene an executive session at 7:26 p.m. regarding the item listed above. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened the regular Council meeting at 9:04 p.m. Regarding the evaluation of the City Manager, Corby Alexander, Councilmember Engelken made a motion to increase his salary by a 2 percent lump sum. Councilmember Leonard seconded. MOTION PASSED UNANIMOUSLY 9/0. Page 7 of 9 November 13, 2017 Council Meeting Minutes Page 8 of 9 November 13, 2017 Council Meeting Minutes 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 9:04 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on December 11, 2017. ________________________________ Mayor Louis R. Rigby Page 9 of 9 November 13, 2017 Council Meeting Minutes RESOLUTION NO. 2017-_______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING AND APPROVING A GRANT FROM THE OFFICE OF THE GOVERNOR OF TEXAS FOR THE FISCAL YEAR 2017 URBAN AREA SECURITY INITIATIVE (UASI), HOMELAND SECURITY GRANT PROGRAM, GRANT #3416801, FOR THE EOC AUDIO/VISUAL EQUIPMENT REPLACEMENT PROJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte finds it in the best interest of the citizens of La Porte, that the City of La Porte EOC Audio/Visual Equipment Replacement project be operated for the year 2017-2018; and WHEREAS, the City of La Porte agrees that in the event of loss or misuse of the Office of the Governor funds, the City of La Porte assures that the funds will be returned to the Office of the Governor in full. WHEREAS, the City of La Porte designates the City Manager official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE, BE IT RESOLVED that the City of La Porte authorizes and approves the grant award for the City of La Porte EOC Audio/Visual Equipment Replacement from the Office of the Governor. Section 1. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 2. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this ____ day of December, 2017. CITY OF LA PORTE By: ________________________________ Louis R. Rigby Mayor ATTEST: ________________________________ Patrice Fogarty City Secretary SIGNED BY AUTHORIZED OFFICIAL: ___________________________ Corby Alexander City Manager FY2017HoustonUASIApplication ForOfficialUseOnly ProjectName:Audio/VisualEquipmentReplacement ApplicantJurisdiction:CityofLaPorte Division/Organizationadministeringgrant:EmergencyManagement ApplicationPointofContactName:KristinGauthier ApplicationPointofContactPhone:2814700009 ApplicationPointofContactEmail:gauthierk@laportetx.gov TypeofRequest:(Pickoneonly)NewRequestContinuation/nextphaseofprojectinprogress Sustainmentofpreviouslyfundedproject(ongoingcostsonly)Completion/finalphaseofprojectinprogress 1 Shareableand/ordeployable?(Pleaseselectallthatapply);EHPrequired?PrimaryZipCode?Scalable? 2 ShareableDeployableNeitherThisprojectwillrequireEHPReview ZipCode+4forProject:775716215Thisprojectisscalable. IsthisaLawEnforcement/TerrorismPrevention(LE/TP)Whatcorecapabilitydoesthisproposaladdress?Please Project(Yes/No)?SeeIB412forinfoonwhatisLE/TP.pickonecapabilitythatbestfitsyourproject. NoOperationalCoordination ProjectSummary:Brieflysummarizetheproject,includingproposedactivitiesandhowmuchfundingisrequested. Summaryandgoal:TheCityofLaPortebuilttheircurrentEmergencyOperationsCenter(EOC)in2007.TheLaPorteEOCis utilizedbytheCitiesofaƚƩŭğƓƭPointandShoreacresandservesasabackupEOCforseveraloftheindustrialfacilitiesin ourarea,aswellasregional,State,andFederalpartners.ItservedasanIncidentCommandPostduringaTypeIIIncidentin 2015andalsosupportedseveralcitiesintheregionduringHurricaneIke.TheoriginalAudio/Visual(A/V)equipmentforthe EOCisstillinplace,butnearingendoflifewhereitwillnolongerbesupported.Certainpartsneededtomaintainthe systemarenolongeravailable.Thegoalofthisprojectistoreplaceequipmentandwiringthatisnearingendoflifeinorder tomaintainandimproveoperationalcoordination,whilestreamliningourcurrentprocesses.Thiseffortistomaintainthe levelofoperationandcoordinationwehaveprovidedsincetheEOCwasbuilt. Dollaramount:$139,480 ProblemStatement:Describeissues,hazards,threatsyourprojectwilltarget.(Ensureterrorismnexusisclear.) TheCityofLaPortehasapopulationofapproximately35,000people.ThecityislocatedonGalvestonBayattheentrance totheHoustonShipChannel.Thereisoneportonthenorthsideofthecity,andoneonthesouthside.Thereareover50 petrochemicalfacilitiesintheLaPorteETJandLEPC,aswellasmanychemicalstoragefacilities.Assuch,thereisahigh numberoftrucktraffic,includinghazardousmaterialscargo,whichtravelsthroughthecityonadailybasis.Inadditionto trucktraffic,hazardouscommodityisalsotransportedviapipeline,rail,andshipthroughoutandaroundthecity.The locationandgeographyofthecitymakeitatriskofnumeroushazards,includinghurricanes,stormsurge,flooding,severe maintainthe/źƷǤƭcurrentlevelofoperational weather,hazardousmaterialsincidents,andterrorism.Thisprojectseeksto readinesssothatwecansupportourresidentsandotheragenciesthroughouttheregionshouldadisasteroccur. ExistingCapabilityLevels:Describeexistingcapabilitylevelsinyourjurisdictionandregion. TheCitycurrentlyhasanEOCthatprovidescoordinationandsupportforvariousincidents,rangingfromhousefiresto floodingtohazardousmaterialsincidentstohurricanes.TheA/VequipmentintheEOCallowsustoshareanddisplaydata withkeyofficialsandEOCstaffinordertomaintainsituationalawarenessandimprovedcoordination.Whileseveralofthe largercitiesintheregionhaveanEOC(Ex:Pasadena/Baytown),LatƚƩƷĻƭEOChastheabilitytoserveastheprimaryand/or backupEOCformanycitiesintheregion,especiallythoseonthesouthsideoftheHoustonShipChannel.Itservesasthe EOCfortheCitiesofaƚƩŭğƓƭPointandShoreacres,andasabackupEOCforseveralindustrialfacilitiesinourarea. Throughpastevents,theLaPorteEOChasbeenabletosupportotherpartnersintheregionandbelievesitiscriticalto continuethatlevelofsupportinthefuture. ExistingCapabilityGap:Identifygap(s)incapabilitythatthisprojectwillfill.CiteUASIStatePreparednessReportorother assessments,asappropriate. PertheSituationalAssessmentCoreCapability,ͻƷŷĻregionfaceschallengestokeeppacewithevolvingtechnological advancements,aswellasacquiringthenecessarytechnologiestoequipregionalpartnersgivenincreasingfiscalĭƚƓƭƷƩğźƓƷƭͼ͵ 1 IfnewcorecapabilitiesarebeingsoughtutilizingHSGPfunding,granteesmustensurethatthecapabilitiesaredeployableoutsideoftheir communitytosupportregionalandnationaleffortsorotherwiseshareablewithregionalpartnersandalignedwithacapabilitygapidentified intheTHIRA/SPR. 2 PleaseseetheUASIFY2017KickoffslidesformoredetailonEHPrequirements. 1 FY2017HoustonUASIApplication ForOfficialUseOnly ThisprojectwillfillthegaptheCityiscurrentlyfacingbyprovidingupdatedtechnologytocontinuesupportingoperational coordinationinthefuture. ImpactStatement:Explainthelocal/regionalimpactofthisproject&howitwillreducethegapidentifiedabove ThisprojectwillallowtheCityofLaPorte,neighboringjurisdictions,localindustry,andregionalpartnerstocontinueutilizing theLaPorteEOCasacoordinationpointduringemergenciesanddisasters. HomelandSecurityPriorityAction:Choosetheactionmostcloselyalignedwiththisproject.Usethisformat:(e.g.,1.2.3 Expand and enhance the network of human sources that can provide detailed and relevant information on known or suspected terrorist and criminal enterprises.) 4.2.4Developandmaintaincriticalinformationtechnologyandcommunicationscapabilitiestoconnectregionalandstate operationscenters. TargetGroup:Identifythetargetjurisdiction(s),group,andpopulationexpectedtobenefitfromthisproject. TheprimarytargetjurisdictionforthisprojectistheCityofLaPorte,whichalsosupportstheCitiesofaƚƩŭğƓƭPointand Shoreacres.OurEOChasalwaysbeenmadeavailabletolocalindustry,neighboringjurisdictions,andregional,State,and Federalpartnerswheneverneeded.WeintendtocontinueworkingcloselywithourpartnersinLaPorteandregionallyto coordinateemergencyoperations.Thepopulationofthethreeprimarycitiesservedbythisprojectisapproximately36,000. LongTermApproach:Howwillyousustain/maintainthisprojectbeyondUASIgrantfundingtoensurecontinuity? Thisprojectwillallowustoconvertfromanalogtodigitalandupdateadditionaloutdatedequipment.Theconversionpiece isthemostcostlypartoftheproject.Oncethisconversionhasbeencompleted,wefeelconfidentthatmaintenanceofour A/Vequipmentwillbemoreefficientandcosteffectivegoingforward.TheCitywillassumeresponsibilityforanyfuture maintenanceofthenewequipment. WhichUASIgoal&objectivedoesthisapplicationaddress?HowwillyourprojecthelptheRegionattainthisgoal? UASIStrategicGoal:Goal10:EnhancedEOCManagementandCoordination UASIStrategicObjective:10.2ΑSecureresourcesneededtoensurecommonoperatingpicturesforallEOCsandMACCs withintheregion. forboth Thisprojectwillhelpattainthegoalby:TheCitywillbeabletocontinueprovidingacommonoperatingpicture internalstakeholdersandregionalpartnersthatoperateattheLaPorteEOC. PleasedescribeyourƦƩƚƆĻĭƷƭexpectedoutputsandoutcomes. RefertotheMetricsintheUASIStrategyandtheHSGDMeasuresExampledocumentforappropriateexamples. Outputs: Numberofoperationalcoordinationprograms(EOCsystemsorotherIncidentCommandStructures)created,maintained, orenhanced:1 Outcomes: NumberofagenciesthatutilizetheLaPorteEOCfortrainingandexercises,orrealworldactivations:3 Forprojectssustaining/advancingaFEMAdefinedtypedteam,pleaseanswerthequestionsbelow(citetheteamnameof thetypedresourceandidentifierintheResourceTypingLibraryTool).Ifitdoesnotsustain/advanceateam,pleasetypeͻbΉ!ͼ inNameofteamandleavetheremainderofthissectionblank. NameofTeam:N/A Type(SeeƩĻŭźƚƓƭcertification): FEMATypedResource(FromRTLT): IDofTypedResource(FromRTLT): Describehowyouaresustainingoradvancingyourteamtypewiththisproject. Forgrantfundedpersonnel:Whatwilltheseemployeesaccomplishfortheregionduringtheperformanceperiod? N/A ForInteroperableCommunicationsCommitteeprojects:IsthisprojectconsistentwiththeSCIPandtheRICP?Please describehowthisprojectfillsagapidentifiedintheInteroperabilityGapAnalysis?(IfthisisnotanICCproject,pleasetype ͻbΉ!ͼbelow.) N/A Milestones(09/2017Α08/2019)fora24monthperiodofperformance(3to5required). IdentifyMilestoneandAssociatedActivitiesPhaseStartFinish (MO/YEAR) (MO/YEAR) 2 FY2017HoustonUASIApplication ForOfficialUseOnly Receivegrantapproval:grantawardandapprovalbyCityCouncilInitiate09/201710/2017 ProcurementprocessPlan11/201701/2018 AwardcontracttovendorandbeginworkExecute01/201807/2018 Completionofwork:payvendorandseekgrantreimbursementCloseout07/201809/2018 3 REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:December11,2017Appropriation RequestedBy:RosalynEptingSourceofFunds:015 Department:Parks&RecreationAcctNumber:0158080552.1100 Report:XResolution:Ordinance:AmountBudgeted:$410,000 Exhibits:QuoteAmountRequested:$67,680 Exhibits:LayoutBudgetedItem:YESNO SUMMARY&RECOMMENDATION ShadestructuresandconcretepadsweresomeoftheitemsdiscussedwithCouncilfortheLittleCedarBayou WavePoolRenovationsthatweretobedoneinfiscalyear2018. ThisBuyBoardquoteincludes: 5CantileverPyramidShadeCanopiesΛЊЋXЊЋXБΜtocoverthecurrentpicnicareas 2ConcretePadsΛЊБXЌЉXЍͼIL/YΜ 2CantileverHIPShadeCanopiesΛЊВXЌЉXБΜtocoverthe2concretepadsabove ЎWideConcreteSidewalkstothenewConcretePads Thequotebreakdownisasfollows: 5CantileverPyramidShadeCanopies$19,170 2CantileverHIPShadeCanopies$18,924 BuyBoardDiscount($3,809) Freight$853 Installation$19,037 SealedEngineeredDrawings$1,175 2ConcretePads$11,232 Sidewalk$1,098 Total$67,680 Twootherquoteswerereceivedforthiswork..WƭPark&RecreationProductsquoted$78,712.15and KraftsmanCommercialPlaygroundsquoted$87,528.39 Theremainingfundsforthisprojectwillbeusedtowardsreplasteringthepool,deckrepairs,and miscellaneousrestroomupdates.WeareworkingwithPurchasingfortheseotheritemsandtheywillbe withinbudget. StaffrecommendsthatthequoteisawardedtoT.F.Harper&AssociatesLPunderTexasbuyBoardContract Number51216. ActionRequiredbyCouncil: ConsiderapprovalorotheractionauthorizingstafftoacceptthequotefromT.F.Harper&AssociatesLP intheamountof$67,680forpurchaseandinstallationofshadestructuresandconcretepadsattheLittle CedarBayouWavePool. ApprovedforCityCouncilAgenda ___________________________________________________________ CorbyD.Alexander,CityManagerDate 103 Red Bird Lane BUYBOARD QUOTE Austin, Texas 78745-3122 TO: City of La Porte CONTRACT #512-16 QUOTE#: 110317-02tb Attn: Scott Bradley, Parks SuperintendentDATE: November 3, 2017 PLEASE FAX YOUR PO & SIGNED QUOTE TO Address:604 W. Fairmont Pkwy, La Porte, TX 77571REVISED: November 7, 2017 BUYBOARD & T.F. HARPER & ASSOCIATES LP TO Install Site:600 Little Cedar Bayou Dr, La Porte, TX 77571 INSURE COMPLIANCE & RECEIPT OF YOUR Phone: 281-470-5141 ORDER. Email:BradleyS@Laportetx.gov Little Cedar Bayou Wave Pool Shade QTYDESCRIPTION OF EQUIPMENTUNIT PRICETOTAL COST 5Modern Shade SP Cantilever Pyramid Shade Canopy, 12' X 12' X 8' Eave, In-Ground$3,834.00$19,170.00 2Modern Shade SP Cantilever HIP Shade Canopy, 19' X 30' X 8' Eave, In-Ground$9,462.00$18,924.00 Shade Structures are designed for 90 mph winds at 3 second gusts, 5 psf live load; membranes (tops) must be removed if weather conditions are expected to exceed design limits. Less Buyboard Discount($3,809.00) 1Freight on Above Equipment$853.00 1Installation on Above Equipment$19,037.00 1Sealed Engineered Drawings $1,175.00 2Concrete Pad, 18' X 30' X 4" Thick, #3 Rebar on 12" Centers Both Ways, 2,500 PSI$5,616.00$11,232.00 1Concrete Sidewalk 5' W X 16' L, 4" Thick, #3 Rebar on 12" Centers Both Ways, 2,500 PSI$1,098.00 Permits, if required, can be obtained but are not included in pricing. Sales TaxExempt TOTAL $67,680.00 QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION PRICING IS BASED ON FULL ACCESS TO WORK AREAS BY TRUCK/BOBCAT. NOT INCLUDED: Sales Tax, Permits, Bonding Fees, Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal, landscaping) Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Payment Terms: 50% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery & Installation: 12 weeks after receipt of signed quote (or purchase order) and color selections. PLEASE SIGN & RETURN ATTACHED ROCK/UNDERGROUND UTILITY CLAUSE WITH YOUR SIGNED QUOTE. Accepted by: Date:P.O. # (if applicable): Thank you for giving us the opportunity to quote this equipment. Tommy Harper Commercial Play and Recreational Equipment shade quote- City of La Porte-110717 www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 ROCK CLAUSE IN THE EVENT THAT SITE SOIL OR ROCK CONDITIONS ARE SUCH TO PREVENT NORMAL INSTALLATION TIME AND PROCEDURES, THE OWNER/CUSTOMER WILL BE RESPONSIBLE FOR ADDITIONAL EQUIPMENT AND LABOR EXPENSES IN THE AMOUNT OF SIX HUNDRED AND FIFTY AND NO/100 DOLLARS ($650.00) PER DAY IN ORDER TO ACCOMPLISH THE INSTALLATION. UNDERGROUND UTILITY CLAUSE NEITHER T. F. HARPER & ASSOCIATES, ITS EMPLOYEES OR ITS SUB- CONTRACTORS ARE RESPONSIBLE FOR ANY DAMAGE DONE TO ANY TYPE OF UNDERGROUND UTILITIES ON THE SITE CHOSEN BY THE PROPERTY OWNER/MANAGER TO INSTALL THE EQUIPMENT UNLESS THE OWNER/MANAGER HAS THESE LINES ACCURATELY STAKED PRIOR TO INSTALLATION COMMENCEMENT. WITHOUT PROPER AND ACCURATE STAKING OF THESE UNDERGROUND LINES, ANY COSTS INCURRED TO REPAIR DAMAGED LINES OR TO RENDER MEDICAL TREATMENT IN THE EVENT OF INJURY TO A T. F. HARPER & ASSOCIATES EMPLOYEE OR SUB- CONTRACTOR DUE TO CONTACT WITH UNMARKED UNDERGROUND LINES, SHALL BE THE SOLE RESPONSIBILITY OF THE PROPERTY OWNER/MANAGER. T.F. HARPER & ASSOCIATES, ITS EMPLOYEES OR SUB- CONTRACTORS CANNOT PROCEED WITH ANY JOB WHERE UNDERGROUND LINES ARE THOUGHT TO BE PRESENT WITHOUT ACCURATE MARKINGS. THE TERMS OF THIS PROPOSAL ARE UNDERSTOOD AND AGREED UPON BY THE UNDERSIGNED. THE UNDERSIGNED, AS THE OWNER OR REPRESENTATIVE OF THE OWNER, SWEARS TO BE AUTHORIZED TO SIGN THIS LEGAL AND BINDING AGREEMENT, THEREFORE ACCEPTING LEGAL RESPONSIBILITY AND LIABILITY FOR THE FULFILLMENT OF THE ABOVE TERMS. Accepted By: _______________________________________ Date: _____________________________________________ SINGLEPOST CANTILEVERPYRAMID P.O. BBox 1500699 Ausstin, Texass 778715-00699 WWarranty Moderrn Shade, LLC. (“MODERN SHHADE”) warrantss that all Commmercial Shade PProducts (Producct) sold shall bee free of defectss in materials oor workmmanship. The Waarranty set forth shall be the purcchaser’s sole andd exclusive Warrranty and is effecctive from the daate of Product shhipment or pickupp. MODEERN SHADE furtther warrants: LIMITED 20 YEAR NOON-PRORATEDD WARRANTY aagainst failure duue to rust-through corrosion on aall Commercial ssteel frames withh the exception oof powdeer coated steel fframes installed within 5 miles oof the coast whiich has a 10 YEEAR NON-PRORRATED WARRAANTY against failure due to rustt- througgh corrosion. Failure to provide rroutine maintenance as stated inthe below Requiired Maintenancee and Care will vvoid the Warrantyy. LIMITED 10 YEAR NOON-PRORATEDD WARRANTY oon all Commerciaal shade fabric aand Teflon stitchhing against craccks, tears, materrial breakdown oor significcant fading as a direct result of uultra-violet exposure with the exceeption of Red, whhich carries a 3 yyear limited warrranty. MODERN SHADE reserves the rigght, in cases wheere certain fabricc colors have beeen discontinued, to offer the cusstomer a choice oof available colors to replace thee warranted fabric of the discontinued color. LIMITED 1 YEAR WAARRANTY on all moving parts, suurface coat finish or any other prooduct or part not covered by one of the above warranties. All off the above Waarranties excludee any cosmetic issues. MODEERN SHADE resserves the rightt to repair or reeplace any item covered by this Warraanty. MODERN SSHADE shall delliver all repaired or replacement part or parts to tthe customer FRREE OF CHARGHHADE shall not be E. MODERN S responnsible for providiing labor or the ccost of labor for the removal of thhe defective partt or parts and the installation of aany replacementt part or parts. AAll Repaired or Replacemment parts shall be warranted for remainder of ooriginal warranty.. The Warranty shall be void if the Product is nnot paid for in full 30 days. MODEERN SHADE speecifically denies tthe implied warraanties of fitness ffor a particular pcchantability. Thee Warranty is void within urpose and mer if the Product is not innstalled in strict compliance with the MODERN SSHADE specificaations. Purchaseer shall notify MMODERN SHADEE in writing within thirty ((30) days following the discovery of the alleged defect, detailingg any defects forr which a Warraanty claim is beinng made; otherwwise the Warrantty shallbbe void. The Waarranty shall be vvoid if damage too the Product or any of its compodd by misuse; harrmful chemicals; excessive loadss, onents is cause pressuures or forces suuch as abnormall weather conditiions outside or in excess of the design specificaations; acts of Good; falling objectts other than hail; explossions; fire; riots; civil commotion; vandalism; exteernal forces; acts of war; radiationn; harmful fumess or foreign substances in the atmmosphere; floodss; abusee by machinery, equipment or anny persons; immchlorine water; not performing mmaintenance as described in thee below Required ersion in salt or Mainteenance and Care; causes not wwithin MODERN SHADE’S controol; or if modificattions are made to the Product wwithout prior writtten consent fromm MODEERN SHADE including but not limmited to attachingg signs, bannerss, lights or decorrations. All Commercial shade products are designed for 90 MPHH wind sspeed (three seccond gusts) and 5 PSF snow loaad, unless otherwwise stated. Fabbric Tops must bbe removed if weeather conditionss are expected to exceed these design limits. Commerrcial steel frames without a memmbrane top are designed for 1550 MPH wind sppeed (three secoond gusts). Lighht fixturees are limited soleely to the manufaacturer’s warrantty. Liability Limitation: Moderrn shade shall nnot, in any event, be liable in contract or in tort ((including negliggence) for loss oof profits or revenue, loss of usee of equipment oor facilitiees, cost of capitaal, or for any special, indirect, inncidental or conssequential damagges of any naturre resulting fromm or in any mannner relating to the producct covered herebby, it's design, usse, any inability to use the samee or any delay inn delivery of the same. Furthermmore, it is undersstood and agreed that thhe sole and excllusive remedy wwith respect to deefective product shall be the reppair, correction oor replacement tthereof pursuantt to the foregoing provisions. Should thee product or any part of it prove sso defective, howwever as to preclude the remedyiing of warranted defects by repaiir or replacement, uustomer’s sole annd exclusive remmedy shall be thee refund of the ppurchase price off the product, or iich is defective, to the cpart thereof whupon its return moderrn shade. Furtheermore, modern shade is not liabble for damage tto property causeed by rain or hail. Corrections oof non-conformities and defects in the manner and for thhe period of timee provided abovee shall constitutee fulfillment of aall liabilities of modern shade to the customer, wwhether based on aact, negligence oor otherwise with respect to or arising out of ssuch product.NNo warranties orr representation at any time maade by any sale contrs repressentative, dealer,, agent or any peerson shall be efffective to vary orr expand the aboove express warrranty or any otheer term hereof. Required MMaintenance andd Care Failurre to provide thee following routtine maintenancce shall void thee Warranty. Mainteenance of Fabricc Tops: Fabricc tops should be checked annually to ensure propper cable tensionn is maintained tthroughout the WWarranty period. To remove dirt or bird droppings from faabric tops, simply spray the undeerside with waterr. For stubborn ddirt, mild dish soaap may be applieed and rinsed. Mainteenance of Steel FFrame: Owner is responsible ffor routine mainttenance to preseerve the finish annd welded joints. If surface rust oor corrosion appeears (regardless of cause), owneer rremove with sandd paper or wire bbrush, prime andd repaint. Ensuree all connecting hardware is propperly secured. EEnsure all boltedd connections and shall slip fit joints are caulkeed as needed. FFailure to provide routine maintenance will void thee Warranty. (512) 385-41100 (877) 3385-34444 TF (512) 3885-4103 FF 103 Red Bird Lane Austin, Texas 78745-3122 playground@tfharper.com MODERN SHADE LLC Color Selection Worksheet Customer Name: _______________________________________________________ Project Name: _________________________________________________________ Drawing Number: ______________________________________________________ POWDER COAT COLORS: ______ Signal White ______ Brown Red ______ Signal Red ______ Sepia Brown ______ Beige ______ Signal Blue ______ Cobalt Blue ______ Moss Green ______ Zinc Yellow ______ Traffic Black ______ Window Grey ______ Light Ivory SHADE NET COLORS: ______ Natural ______ Rivergum Green ______ Turquoise ______ Cherry Red ______ Brunswick Green ______ Desert Sand ______ Deep Ochre ______ Aquatic Blue ______ Gun Metal ______ Cayenne ______ Sky Blue ______ Steel Grey ______ Yellow ______ Navy Blue ______ Black ______ Brown ______ Cedar Approved by: __________________ _________________________ ____________ (Print Name) (Signature) (Date) Commercial Play & Recreational Equipment www.tfharper.com - - 800.976.0107 - - local: 512.440.0707 - - fax: 512.440.0736 th November 8, 2017 Quote# 9081512-R1 BuyBoard Contract # 502-16 Bid for: La Porte Fitness Center 1322 South Broadway, La Porte, Texas 77571 ACKNOWLEGDEMENT OF ADDENDUMS: 0 e Gymnasium/Athletic Equipment g Products Manufactured by: Gared Sports/Performance Sports e 1. Basketball Backstops a g a P Products Manufactured by: Sheridan Seating Company 1. Telescopic Bleachers P r e r Work Includes: v 1. New Products as described e 2. Freight o v 3. Installation Labor, and equipment needed to complete work 4. ALL materials to be installed in ONE trip. Additional trips for materials divided into C o C Exclusions: 1. All electrical to be done by others. We will do final connection if the electrical is at location at the time of installation. 2. Texas Sports Equipment is not responsible for underground utilities/irrigation/ drainage at the location of any IN GROUND work/equipment to be installed. It is the responsibility of the owner/contractor to ensure desired location is free from obstructions. 3. City Permits or Bonds are not included in price and must be provided by others 4. Sales Tax is not included and we must receive Tax Exemption Form or Sales Tax will apply 5. All Color Choices are to be made from Manufacture Standard Colors. 6. Warranty based on Manufacture terms and agreements, Texas Sports Equipment will warranty workmanship for one year after completion date. 7. PE STAMPS Are not included in Pricing. 8. Pricing does NOT include Construction Management Software Fees, i.e. Textura, Docusign etc. If project is managed through said softwares, please add appropriate fees to out base bid. Submitted By: Jose Alvarado Texas Sports Equipment 2892 State Hwy 19 Huntsville, Texas 77320 (936) 294-0500 Office th November 8, 2017 Quote# 9081512-R1 BuyBoard Contract # 502-16 Bid for: La Porte Fitness Center 1322 South Broadway, La Porte, Texas 77571 Below is our bid for Specification Section 11 66 23, GYMNASIUM EQUIPMENT, including labor and material, F.O.B. jobsite, WITHOUT sales tax. Gym Equipment Bid Amount: $ 50,165.00 Products: Total Cost $17,248.00 A. Basketball Backstop Supports, Backstops and Goals QTY- 4 Backstop Units- Single Post Mast, Front Braced, Front Folding Regulation Glass Backboard, Aluminum Frame 2500 Tournament Breakaway Goal Pro-Mold Backboard Edge Padding (Color: TBD) Electric Hoist with Key Switch Manual Height Adjuster Optional: Safety Locking Straps ADD $1,921.00 $1,300.00 B. $3,333.00 C. Retrofitting Existing Adding Electric Hoist w/ Key switch Adding Necessary Additional Structure and Pulleys $25,300.00 D. Intermittent Aisles, Self- Coated Plywood Decking. Optional: PE Stamp if Needed, ADD $750.00 $2,000.00 E. Removal and Disposal of Existing Bleachers F. BuyBoard Fee... $984.00 Payment terms are as follows: 35% deposit due upon ordering. 35% due once materials are delivered. Final 30% due upon completion. Submitted By: Jose Alvarado Texas Sports Equipment 2892 State Hwy 19 Huntsville, Texas 77320 (936) 294-0500 Office REQUESTFORCITYCOUNCILAGENDAITEM Appropriations AgendaDateRequested:December11,2017 SourceofFunds:N/A RequestedBy:IanClowes AccountNumber:N/A Department:PlanningandDevelopment AmountBudgeted:N/A Report:__X__Resolution:_____Ordinance:_X___ AmountRequested:N/A Exhibits:Ordinance P&ZApprovedSCUP BudgetedItem:N/A RevisedSCUP(ChangesandClean) P&ZRecommendationLetter ApplicantInformationandRequest Zoning/LandUseMap GeneralPlanandProjectScope ______________________________________________________________________________ SUMMARY&RECOMMENDATION Theapplicant,JenniferCurtisofBGEKerryR.GilbertandAssociates,onbehalfofJeffAnderson ofBeazerHomes,owner,isseekingapprovalofaSCUPtoallowforthedevelopmentofa MasterPlannedCommunityinthePUDZoningDistrict.Thepropertyinquestionislocatedon thewestsideofBayAreaBlvd.northofFairmontPkwy.,andislegallydescribedasaportionof a485.14AcreTractinRichardPearsallSurvey,A265. Thepropertyiscurrentlyundeveloped.BeazerHomesisintheprocessofpurchasingthe235 acretractinordertodevelopamasterplannedresidentialcommunityonthesite.The developmentwillincludeaportionoflandsetasideforaseniorlivingfacility,multifamily complex,andasmallgeneralcommercialtract.Thisportionofthedevelopmentwillnotbe completedbyBeazerHomes,thoughspecificrequirementshavebeenbuiltintotheSCUP document.Totalbuildoutwillincludeaminimumof642singlefamilylotsrangingfrom5,400 squarefeetΛЍЎxЊЋЉΜto7,200squarefeetΛЏЉxЊЋЉΜ͵Thedevelopmentwillincludea recreationcenter,wetbottomdetentionlake,andtrailsthroughoutthedevelopment. ThePlanningandZoningCommission,attheirNovember16,2017regularmeeting,voted80 torecommendapprovaloftheproposedSCUP.AftertheP&ZMeeting,theapplicanthadsome minorclarificationsproposedfortheSCUPdocument.Staffdoesnotfeeltheproposedchanges alterwhatwasapprovedbythePlanningandZoningCommissionandrecommendsapprovalof therevisedSCUPdocument. ActionRequiredbyCouncil: 1.Conductpublichearing. 2.ConsiderapprovalorotheractiononarecommendationbythePlanningandZoning CommissiontoapproveanordinanceSCUP#1791000005 ApprovedforCityCouncilAgenda ______________________________________________________ CorbyD.Alexander,CityManagerDate City of La Porte Special Conditional Use Permit #17-91000005 This permit is issued to: Jeff Anderson of Beazer Homes Owner or Agent Address For Development of: La Porte Tract Master Planned Community Development Name West side of Bay Area Blvd. Address Legal Description: 235 acre tract of land legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey, A-265, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Single Family, Senior Living, Multi-family, Commercial Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1.Project Description, as provided by the developer, shall be included as an exhibit to this SCUP document. 2.The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single-Family (R-2) 143.9 Multi-Family (R-3) 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial (GC) 1.5 Recreation Center & Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3.the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4.The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the proposed multifamily use. 5.The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6.The placement and exact boundaries between the commercial, multi-family, and senior housing tracts may shift within their corner of the General Plan. 7.The multifamily land use would be to specify that it may not increase more than 5% of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. 8.The maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed 100 units 9.The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be -wide (five-foot wide) concrete trails/sidewalks. 10.Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums. 11.Recreation Center will include, but are not limited to: a swimming pool & splash pad area, changing rooms/cabana, fitness facility, tennis courts, a playground, trails/sidewalks, and other related activities/amenities. 12.Recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) shall total approximately ±7.3 acres, not including the lake. 13.The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 14.Single-Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard At build-out of all lots, the Minimum 45 feet for no more average lot width will Lot Width than 35% of the lots meet or exceed 50 feet 5,400 sq. ft. for no At build-out of all lots, the Minimum more than 35% of average lot area will meet Lot Area the lots or exceed 6,000 sq. ft. 15.-de- 16.Multi-family Density will not exceed 19.6 units per acre and total units will not exceed 350. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Special Conditional Use Permit #17-91000005 This permit is issued to: Jeff Anderson of Beazer Homes Owner or Agent Address For Development of: La Porte Tract Master Planned Community Development Name West side of Bay Area Blvd. Address Legal Description: 235 acre tract of land legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey, A-265, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Single Family, Senior Living, Multi-family, Commercial Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. Project Description, as provided by the developer, shall be included as an exhibit to this SCUP document. 2. The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single-Family (R-2) 143.9 Multi-Family (R-3) 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial (GC) 1.5 Recreation Center & Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3. the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4. The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the multi-family, commercial, and Senior Living uses. These uses will not exceed their total proposed acreage by more than 5% but may vary in size individually by greater than 5%. 5. The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6. The placement and exact boundaries between the commercial, multi-family, and senior housing tracts may shift within their corner of the General Plan. 7. The multifamily land use would be to specify that it may not increase more than 5% of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. 8. The maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed 100 units 9. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be -wide (five-foot wide) concrete trails/sidewalks. 10. Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and or exceed the established landscaping minimums. 11. Recreation Center will include, but is not limited to: a swimming pool & splash pad area, changing rooms/cabana, fitness facility, tennis courts, a playground, trails/sidewalks, and other related activities/amenities. 12. Recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) shall total approximately ±7.3 acres, not including the lake. 13. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 14. Single-Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard At build-out of all lots, the Minimum 45 feet for no more average lot width will Lot Width than 35% of the lots meet or exceed 50 feet 5,400 sq. ft. for no At build-out of all lots, the Minimum more than 35% of average lot area will meet Lot Area the lots or exceed 6,000 sq. ft. 15. Minimum front building line will be on cul-de-sac and lots. Front building line will for the rest of the single family lots. 16. Multi-family Density will not exceed 19.6 units per acre and total units will not exceed 350. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La Porte Special Conditional Use Permit #17-91000005 This permit is issued to: Jeff Anderson of Beazer Homes Owner or Agent Address For Development of: La Porte Tract Master Planned Community Development Name West side of Bay Area Blvd. Address Legal Description: 235 acre tract of land legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey, A-265, Harris County, La Porte, TX Zoning: PUD, Planned Unit Development Use: Single Family, Senior Living, Multi-family, Commercial Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be maintained in the files of the Planning and Development Department upon approval. Project development shall be in accordance with the following conditions: 1. Project Description, as provided by the developer, shall be included as an exhibit to this SCUP document. 2. The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single-Family (R-2) 143.9 Multi-Family (R-3) 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial (GC) 1.5 Recreation Center & Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary 3. the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary 4. The exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the multi-family, commercial, and Senior Living uses. These uses will not exceed their total proposed acreage by more than 5% but may vary in size individually by greater than 5%. 5. The placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed. 6. The placement and exact boundaries between the commercial, multi-family, and senior housing tracts may shift within their corner of the General Plan. 7. The maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed 100 units 8. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be -wide (five-foot wide) concrete trails/sidewalks. 9. Trails/sidewalks and the other open spaces throughout the community will be landscaped to meet or exceed the established landscaping minimums. 10. Recreation Center will include, but is not limited to: a swimming pool & splash pad area, changing rooms/cabana, a playground, trails/sidewalks, and other related activities/amenities. 11. Recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) shall total approximately ±7.3 acres. 12. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. 13. Single-Family Lot Size Minimums Category Proposed Minimum Proposed PUD Standard At build-out of all lots, the Minimum 45 feet for no more average lot width will Lot Width than 35% of the lots meet or exceed 50 feet 5,400 sq. ft. for no At build-out of all lots, the Minimum more than 35% of average lot area will meet Lot Area the lots or exceed 6,000 sq. ft. 14. Minimum front building line will be on cul-de-sac and lots. Front building line will for the rest of the single family lots. 15. Multi-family Density will not exceed 19.6 units per acre and total units will not exceed 350. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director November 17, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #17-91000005 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on November 16, 2017 to hear a Special Conditional Use Permit request by Jennifer Curtis of BGE Kerry R. Gilbert and Associates, applicant, on behalf of Jeff Anderson of Beazer Homes, owner; for a Special Conditional Use Permit to allow for the development of a master planned residential community. The subject site is located on the west side of Bay Are Blvd. north of Fairmont Pkwy., and is legally described as a portion of a 485.14 Acre Tract in Richard Pearsall Survey, A- 265. The subject site is zoned Planned Unit Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special Conditional Use Permit for development within a PUD district. The Commission voted 6-1 to recommend approval of the proposed SCUP. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov R-1 PUDR-3 MAIN ZONING MAP GC FAIRWOOD SCUP OAKWOOD #17-91000005 SPRUC E West Side of Bay Area Blvd. GRAYWOOD DOGWOOD Subject Parcel ROSEWOOD R-1 PUD COLLINGSWOOD BIRCH This product is for informational purposes and may not have been prepared for or be suitable SPRINGWOOD for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries BI GC 1 inch = 702 feet FAIRMONT NOVEMBER 2017 PLANNING DEPARTMENT COM PI MAIN LAND USE MAP FAIRWOOD SCUP OAKWOOD #17-91000005 SPRUC E West Side of Bay Area Blvd. GRAYWOOD DOGWOOD Subject Parcel LI ROSEWOOD MHDR BI COLLINGSWOOD BIRCH PO This product is for informational purposes and may not have been prepared for or be suitable SPRINGWOOD for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries LDR 1 inch = 702 feet FAIRMONT NOVEMBER 2017 OUT PLANNING DEPARTMENT - Land Planning Consultants - 23501 Cinco Ranch Blvd., Suite A-250 Katy, Texas 77494 Tel: 281-579-0340 SCALE: 1" = 300' OCTOBER 25, 2017 KGA# 0433 0150300600 ES T A BB OO YY EE TT TT EE SS TT .. oo.. CC iinnee eell PPiipp ee bbll uumm ’’ HH 0000 22 K | E©2017 BG | BGE November 2, 2017 Richard Mancilla, P.E. Director, Planning and Development Department City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 RE: Master Planned Community of ±234 Acres on Bay Area Boulevard On behalf of Beazer Homes, BGE|Kerry R. Gilbert & Associates respectfully submits this letter along with the Special Conditional Use Permit and General Plan for a master planned community on ±234.7 acres on Bay Area Boulevard. This development, located on the west side of Bay Area Boulevard between Spencer Highway and Fairmont Parkway, presents a unique window of opportunity to create a premier master planned community in the City of La Porte. The property is currently zoned as PUD, which requires approval of a Special Conditional Use Permit and General Plan prior to development. The subject property, combined with ±133.9 acres on the east side of Bay Area Boulevard for a total of ±368.6 acres, has been owned by an out-of-state corporation since at least 1984 and withheld from development. The owner desires to sell the entire ±368.6-acre tract at once, with the additional limitation that residential uses be limited to the west side of Bay Area Boulevard. Therefore, sale and development of the tract requires a concerted joint effort between a business/light industrial developer for the east side and a residential developer for the west side. Avera Companies and Beazer Homes are partnering on a purchase of the two respectiv tract, Beazer Homes intends to develop a master planned residen Comprehensive Plan to be governed by this General Plan. Purchase of the tract is contingent upon approval of this General Plan and Special Conditional Use Permit. Should this plan not be approved, the property will likely be removed from the market and will once more be withheld from development. Absent approval of this general plan, the tract will continue in its vacant and under-utilized state. Master Planned Community Description A master planned community is designed to endure. Master planned communities in the Houston metro area have proven over many years to produce higher average home values than homes in typical stand-alone subdivisions. Additionally, values in master planned communities are retained better over time, especially during economic down turns. Higher and more stable property values are an important benefit for the City of La Porte. A master planned community on this property will provide a range of single family home products, higher density multifamily and senior living, and business uses serving the local area. Underlying these uses, this master planned community will have the highly amenitized recreation and landscape package expected for a community of this caliber. term. 23501 Cinco Ranch Boulevard | Suite A-250 | Katy, Texas 77494 | 281-579-0340 The community will consist of the land uses shown in Table 1: Table 1 Land Use Acreage* Single-Family 143.9 Multi-Family 19.3 Senior (Assisted Living and/or skilled nursing) 7.5 Neighborhood Commercial 1.5 Recreation Center & Park 4.1 Amenitized Lake/Detention and Walking Trail 21.1 Drainage/Detention 14.4 Loop Street/Landscape Reserves 22.9 Total 234.7 *Acreages may vary Master planned communities require a diverse range of single-family lot sizes in order to create a rich community atmosphere. This range of lot and home types appeals to a broad range of the population and provides opportunities for buyers at various stages of their home-ownership cycle to purchase or move up within the community. Multi-Family and Senior Living options are an important and often forgotten part of the housing life-cycle and contribute to the -Family zoning requirements. Commensurate with other quality master planned communities, the community will consist of the single-family lot sizes shown in Table 2: Table 2 Lot Width Number Percentage* 45 feet 190 29.6% 50 feet 326 50.8% 60 feet 126 19.6% Total 642 100.0% *Percentages may vary Some flexibility is required in order to allow master planned communities to respond to market changes and avoid stagnation. In order to ensure flexibility, we request that a) the exact percentages in Table 2 and the acreages in Table 1 may vary by 5%, with an exception for the proposed multifamily use; b) the placement of lot sizes within different pods of the development as proposed on the attached schematic plan and General Plan may shift or change places as needed; and c) the placement and exact boundaries between the commercial, multi-family, and senior housing tracts may shift within their corner of the General Plan. The additional exception we would request for the multifamily landuse would be to specify that it may not increase more than 5% of the specified acreage on the General Plan and listed within Table 1, but that its acreage could be reduced by greater than 5%. In addition to these acreages, the maximum number of single-family lots may not exceed 675, the number of multifamily units may not exceed 350, and the senior assisted living/skilled nursing units may not exceed 100 units. Additionally, the development will hold to the metrics proposed by the requested Variances included in this document. 23501 Cinco Ranch Boulevard | Suite A-250 | Katy, Texas 77494 | 281-579-0340 Park, Recreation, and Landscaping Enhancements To fully maximize the property value enhancements provided by the master planned community opportunity, the park, recreation, and landscaping facilities provided in the community need to be of a type and caliber desired by discerning home buyers and residents. Walking trails are the number one attraction of master planned communities. Aside from the standard neighborhood sidewalks, the proposed development includes an amenitized central detention basin with a walking trail around the lake, which will be open to the public, and will include sidewalks on both sides of the internal loop street to better connect the outlying residential sections to the central amenities and provide better overall pedestrian circulation throughout the development. The walking trails around the detention basin and sidewalks around the internal loop street are proposed to be -wide (five-foot wide) concrete trails/sidewalks. These trails/sidewalks and the other open spaces throughout the community will be landscaped to meet and exceed the established landscaping minimums, to provide a scenic backdrop and cohesive landscape throughout the community utilizing a range of tree and plant species, in varying sizes which are well adapted and have proven to do well in the La Porte area. A Recreation Center is another key amenity in any master planned community, providing a place for local residents to gather for casual play, sports, swimming, and other leisure activities. The Recreation Center has yet to be designed, but would likely include all the typical elements found in a Recreation Center of this size for a comparable master planned community. These amenities could include, but are not limited to nor promised at this time: a swimming pool & splash pad area, changing rooms/cabana, fitness facility, tennis courts, a playground, trails/sidewalks, and other related activities/amenities. Overall, the recreation areas in the development (lakeside trail, Recreation Center, and a small pocket park) total approximately ±7.3 acres, not including the lake itself, which presents an inviting backdrop for the community as a whole. The lake is proposed to have a wet bottom and will contain no less than 6 fountains. The plan also proposes landscape buffers around the internal loop street and adjacent to some of the local streets, which help to create an aesthetically pleasing street scene that both residents and visitors can enjoy. In total, these amenities will satisfy all parkland requirements for the development. Comprehensive Plan Compliance The City of La Porte Comprehensive Plan depicts this tract as MHDR (Mid and High Density Residential), comparable to the R2 and R3 single-family zones. The proposed mix of single family detached homes, multifamily units, and a senior living complex is consistent with the PUD zoning designation and the stated goals of the Comprehensive Plan regarding life-cycle housing options in new developments. Variances To achieve the qualities desired by homebuyers in premier master planned communities in the Houston metro areas, three categories of zoning code variances are required and included in this SCUP application (see next page). Proposed variances to the street design standards specified in the Public Improvement Criteria Manual are listed at the end of this section for reference, but are not requested as a part of this SCUP. 23501 Cinco Ranch Boulevard | Suite A-250 | Katy, Texas 77494 | 281-579-0340 1. Single-Family Lot Size (Chapter 106, Section 106-333) Code Category Code Minimum Proposed Minimum Proposed PUD Standard Section At build-out of all lots, the Minimum Sec. 106-45 feet for no more 50 feet average lot width will Lot Width 333, Table B than 35% of the lots meet or exceed 50 feet 5,400 sq. ft. for no At build-out of all lots, the Minimum Sec. 106- 6,000 sq. ft. more than 35% of average lot area will meet Lot Area 333, Table B the lots or exceed 6,000 sq. ft. Purpose/Justification: Successful master planned communities provide multiple lot sizes and home styles attractive to residents across multiple stages of the housing life---wide building footprint, which produces a home size that is very popular and appealing for first-time or younger home buyers. The larger lots in the neighborhood are attractive for move-up buyers and established families. By providing three lot sizes in this community, the opportunity for individuals and families to move in and move up within the same community is created. -wide) will have a lot area of 7,200 square feet, which exceeds the minimum lot size by 20%. At build-out, the overall average lot width and the overall average lot area for the community as a whole will meet or exceed the standards of 50 feet and 6,000 square feet, respectively. Providing a range of housing products creates a more stable and resilient community while still 2. Single-Family Building Lines (Chapter 106, Section 106-333) Proposed Category Code Section Code Minimum Minimum Front Building Sec. 106-333, Line Table B culs-de-sac and Purpose/Justification: consistent with most cities and counties in the greater Houston area, especially around culs-de--angle corners. The reduced building line still allows sufficient room for the sidewalk and underground utilities, while giving a little more depth to the lots at those places where the street is significantly wider. 23501 Cinco Ranch Boulevard | Suite A-250 | Katy, Texas 77494 | 281-579-0340 3. Multi-Family (Chapter 106, Section 106-333) Code Code Category Proposed Maximum Proposed PUD Standard Section Maximum Density will not exceed Density Table B 14 Units/Acre 19.6 Units/Acre 19.6 units/acre Total number of units will Maximum Units 17 180 350 not exceed 350 Purpose/Justification: The multi-family complex is another component in the mix of housing types within a master planned community, providing a key component in the housing life-cycle for young people who are not yet ready to own a home, and retirees who may require assistance or desire companionship in their day-to-day lives. The residents of the proposed multi-family complex will be able to enjoy the adjacent trail and park facilities in addition to the required on-side landscaping and open space, and whatever amenities may be provided internally to the multifamily complex. Multi-family complexes that have proven to be successful in the long term require a certain size and density to create the economies of scale necessary to promote long term stability and maintenance. Complexes less than approximately 350 units cannot afford the on-site full time management that is critical toward ensuring quality of both product and tenant. Additionally, the economies created with facilities of this size generate the revenue necessary to ensure that routine maintenance and long-term capital reinvestment can be funded, which is critical to prevent blight associated with decline of the community. Low-density multi-family complexes do not generate adequate revenue to support full time on-site management and maintenance, nor can they support the level of amenities necessary to maintain the facility as a desirable location. Such multi-family complexes may succeed in the short term, but in the long term they will be unable to maintain their quality and character. Longevity and rejuvenation of housing stock are core concepts of the Comprehensive Plan and are vital to creating a successful and long-lasting community. Public Improvement Criteria Manual Variances In coordination and discussion with City Staff, all requested variances from established standards of the Public Improvement Criteria Manual will be addressed and requested with each Preliminary Plat Section. These variances will be supported with a Traffic Impact Analysis, to be completed and submitted for City Staff review prior to submittal of the first Preliminary Plat. Where variances to the PICM standards are not directly reported or addressed in the TIA, the requested variances will be coordinated with City Staff and the Fire Marshall, and will be based on typical best practices and design standards for other master planned communities throughout the Houston region and other neighboring municipalities. These requested variances are likely to include, but are not limited to: a) a reduction in minimum right of way widths for the local/neighborhood streets and the internal loop road; b) intersection offsets; and c) cul-de-sac geometry and minimum radii. 23501 Cinco Ranch Boulevard | Suite A-250 | Katy, Texas 77494 | 281-579-0340 REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:December11,2017Appropriation: RequestedBy:IanClowesSourceofFunds:N/A Department:PlanningandDevelopmentAccountNumber:N/A Report:__X__Resolution:_____Ordinance:_X___AmountBudgeted:N/A Exhibits:AmountRequested:N/A Ordinance P&ZRecommendationLetterBudgetedItem:N/A ________________________________________________________________________________ SUMMARY&RECOMMENDATION AttheAugust17,2017PlanningandZoningCommissionmeeting,theCommission directedstafftodraftanordinanceforconsiderationallowingadditionalusestobe permittedwithintheNeighborhoodCommercial(NC)zoningdistrict. ThedraftproposalwaspresentedasadiscussionitemattheSeptember21,2017Planning andZoningCommissionmeeting.Thecommissionagreedthatthenumberofallowable usesintheNCzoningdistrictmaybetoolimitedandadditionalusesshouldbelookedat. Staffpresentedalistof12additionalusesthatcurrentlywerenotpermittedintheNC useswithinthedistrict.Thefinal zoningdistrict,butcouldbeconsideredascompatible ordinanceamendmentswerepresentedtothePlanningandZoningCommissionasa publichearingattheOctober19,2017meeting.AtthatmeetingthePlanningandZoning Commissionrecommendedtoapprovetheproposedamendmentsaslistedbelow. AttachedisthedraftversionoftheproposedmodificationstotheZoningOrdinance. Thoseareashighlightedinyellowindicatenewlanguageaspartoftheproposed modificationtoChapter106. Thefollowingisasummaryoftheproposedmodifications: Sec.106310,TableA,CommercialandIndustrialUses 2012NAICSCode2012NAICSTitle**NCMSGCMUBILIHI 71394FitnessandRecreationalSportsCentersPPPPPP 813110ReligiousOrganizationsPCPPPP 812910PetCare(exceptVeterinary)ServicesC14C14C14C14C14C14 1 541214PayrollServicesPPPPP 541219OtherAccountingServicesPPPPP 54131ArchitecturalServicesPPPPP 54132LandscapeArchitecturalServicesPPPPP 54133EngineeringServicesPPPPP 54134DraftingServicesPPPPP 54135BuildingInspectionServicesPPPPP 54136GeophysicalSurveyingandMappingServicesPPPPP 50137SurveyingandMapping(exceptGeophysical)PPPPP Services 14.Doggrooming.Thereshallbenoovernightboardingofanimals.Allareasusedforholdinganimals shallbelocatedwithinthesamebuildinginwhichgroomingactivitiestakeplace. ActionRequiredbyCouncil: 1.Conductpublichearing. 2.ConsiderapprovalorotheractiononarecommendationbythePlanningandZoning Commissiontoapproveanordinanceamending106ͻƚƓźƓŭͼoftheCodeofOrdinancesof theCityofLaPortebyamendingsections106310,TableAregardingallowableusesintheNC zoningdistrict. ApprovedforCityCouncilAgenda __________________________________________________________ CorbyD.Alexander,CityManagerDate 1 REQUESTFORCITYCOUNCILAGENDAITEM AgendaDateRequested:December11,2017Appropriation: RequestedBy:IanClowesSourceofFunds:N/A Department:PlanningandDevelopmentAccountNumber:N/A Report:__X__Resolution:_____Ordinance:_X___AmountBudgeted:N/A Exhibits:AmountRequested:N/A Ordinance P&ZRecommendationLetterBudgetedItem:N/A ________________________________________________________________________________ SUMMARY&RECOMMENDATION AttheAugust17,2017PlanningandZoningCommissionmeeting,theCommission directedstafftodraftanordinanceforconsiderationallowingadditionalusestobe permittedwithintheNeighborhoodCommercial(NC)zoningdistrict. ThedraftproposalwaspresentedasadiscussionitemattheSeptember21,2017Planning andZoningCommissionmeeting.Thecommissionagreedthatthenumberofallowable usesintheNCzoningdistrictmaybetoolimitedandadditionalusesshouldbelookedat. Staffpresentedalistof12additionalusesthatcurrentlywerenotpermittedintheNC zoningdistrict,butcouldbeconsideredascompatibleuseswithinthedistrict.Thefinal ordinanceamendmentswerepresentedtothePlanningandZoningCommissionasa publichearingattheOctober19,2017meeting.AtthatmeetingthePlanningandZoning Commissionrecommendedtoapprovetheproposedamendmentsaslistedbelow. AttachedisthedraftversionoftheproposedmodificationstotheZoningOrdinance. Thoseareashighlightedinyellowindicatenewlanguageaspartoftheproposed modificationtoChapter106. Thefollowingisasummaryoftheproposedmodifications: Sec.106310,TableA,CommercialandIndustrialUses 2012NAICSCode2012NAICSTitle**NCMSGCMUBILIHI 71394FitnessandRecreationalSportsCentersPPPPPP 813110ReligiousOrganizationsPCPPPP 812910PetCare(exceptVeterinary)ServicesC14C14C14C14C14C14 1 541214PayrollServicesPPPPP 541219OtherAccountingServicesPPPPP 54131ArchitecturalServicesPPPPP 54132LandscapeArchitecturalServicesPPPPP 54133EngineeringServicesPPPPP 54134DraftingServicesPPPPP 54135BuildingInspectionServicesPPPPP 54136GeophysicalSurveyingandMappingServicesPPPPP 50137SurveyingandMapping(exceptGeophysical)PPPPP Services 14.Doggrooming.Thereshallbenoovernightboardingofanimals.Allareasusedforholdinganimals shallbelocatedwithinthesamebuildinginwhichgroomingactivitiestakeplace. ActionRequiredbyCouncil: 1.Conductpublichearing. 2.ConsiderapprovalorotheractiononarecommendationbythePlanningandZoning Commissiontoapproveanordinanceamending106ͻƚƓźƓŭͼoftheCodeofOrdinancesof theCityofLaPortebyamendingsections106310,TableAregardingallowableusesintheNC zoningdistrict. ApprovedforCityCouncilAgenda __________________________________________________________ CorbyD.Alexander,CityManagerDate 1 City of La PortePlanning and Development Department Established 1892 Richard Mancilla, Director October 20, 2017 Honorable Mayor Rigby and City Council City of La Porte RE: Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the October 19, 2017 meeting to consider approval of an ordinance amending certain provisions of Chapter 106 The subject matter of the proposed modifications to Chapter 106 (Zoning) include: 1) Proposed changes to the permitted use allowed in the NC Zoning District. The Commission voted 7-0 to recommend approval of the provisions as included in the drafted ordinance presented in the Request for City Council Agenda Item. Respectfully submitted, Ian Clowes, City Planner On behalf of the Planning and Zoning Commission cc: Richard Mancilla, Director of Planning and Development Department File City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS CONSENTING TO AND GRANTING A PETITION FOR THE CREATION OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, A MUNICIPAL UTILITY DISTRICT TO BE LOCATED WITHIN THE BOUNDARIES OF THE CITY OF LA PORTE, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS A 234.686 ACRE TRACT OF LAND SITUATED IN THE RICHARD PEARSALL SURVEY, ABSTRACT NO. 265, HARRIS COUNTY, TEXAS; APPROVING A UTILITY AGREEMENT BY AND BETWEEN THE CITY OF LA PORTE, TEXAS AND BEAZER HOMES TEXAS, L.P., ON BEHALF OF HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City limits of the City, the boundaries of said District being legally described on Exhibit A, attached hereto; and WHEREAS, the petitioners request that the City Council authorize the Mayor to sign a Utility Agreement between the City of La Porte and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That all of the recitals and preambles hereinabove stated are found to be true and correct and are incorporated herein and made a part of this Ordinance. Section 2. That the petition seeking the City's consent to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 561, is hereby granted subject to the terms and conditions set forth in Exhibit B attached hereto "), and incorporated herein for all purposes. ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ Section 3. That the Utility Agreement by and between the City and Beazer Homes Texas, L.P. on behalf of proposed Harris County Municipal Utility District No. 561, a copy of which is attached hereto as Exhibit C and incorporated herein for all purposes, is hereby approved and the Mayor of the City is hereby authorized to execute the Agreement on behalf of the City. Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 5. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect , impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of La Porte, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance is effective upon the date of the acquisition of the tract described on Exhibit A attached hereto by Beazer Homes Texas, L.P. If the said tract is not acquired by Beazer Homes Texas, L.P. as of 11:59 p.m. CST on July 31, 2018, then in that event this ordinance shall be ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ of no effect, and shall be null and void for all purposes ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ PASSEDANDAPPROVEDthis11thdayofDecember,2017. CITY OF LA PORTE, TEXAS _______________________________ Louis R. Rigby, Mayor ATTEST: _________________________________ Patrice Fogarty, City Secretary APPROVED AS TO FORM: ________________________________ Clark Askins, City Attorney ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ Exhibit A ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ Exhibit B Consent Conditions (a) To the extent authorized by law, the District will issue bonds only for the purpose of purchasing and constructing, or purchasing, or constructing under contract with the City of La Porte, or otherwise acquiring waterworks systems, sanitary sewer systems, storm sewer systems, drainage facilities, recreational facilities, road facilities, or parts of such systems or facilities, and tomake any and all necessary purchases, construction, improvements, extensions, additions, and repairs thereto, and to purchase or acquire all necessary land, right-of-way, easements, sites, equipment, buildings, plants, structures, and facilities therefor, and to operate and maintain drainage facilities and recreational facilities, and for refunding such bonds. Such bonds will expressly provide that the District reserves the right to redeem the bonds on any interest- payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium and will be sold only after the taking of public bids therefor, and none of such bonds, other than refunding bonds, will be sold for less than 95% of par; provided that the net effective interest rateon bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, will not exceed two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly Bond during the one-month period next preceding the date notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty-five (45) days after notice of sale of the bonds is given. No land located within the city limits or extraterritorial jurisdiction of the City of La Porte will be added or annexed tothe District until the City of La Porte has given its written consent by resolution or ordinance of theCity Council to such addition or annexation. (b) (1) Before the commencement of any construction within the District, its directors, officers, or developers and landowners will submit to the Director of the Department of Public Works of the City of La Porte, or to his designated representative, all plans and specifications for theconstruction of water, sanitary sewer, drainage, and road facilities and related improvements to serve the District and obtain the approval of such plans and specifications therefrom. All water wells, water meters, flushing valves, valves, pipes, and appurtenances thereto, installed or used within the District, will conform exactly to the specifications of the City of La Porte. All water service lines and sewer service lines, lift stations, sewage treatment facilities, and road facilities, and appurtenances thereto, installed or used within the District will comply with the City of La Porte's standard plans and specifications as amended from time to time. Prior to the construction of any water, sanitary sewer, drainage or road facilities within or by the District, the District or its engineer will give written notice by registered or certified mail to the Director of Public Works, stating the date that such construction will be commenced. The construction of the District's water, sanitary sewer, drainage and road facilities will be in accordance with the approved plans and specifications, and with applicable standards and specifications of the City of La Porte; and during the progress of the construction and installation of such facilities, the Director of Public Works of the City of La Porte, or an employee thereof, may make periodic on-the-ground ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ inspections. (2) Before the expenditure by the District of bond proceeds for the acquisition, construction or development of recreational facilities, the District shall obtain and maintain on file, froma registered landscape architect, registered professional engineer or a design professional allowed by law to engage in architecture, a certification that the recreational facilities, as constructed, conform to the applicable recreational facilities design standards and specifications of the City of Department of Parks and Recreation and shall submit a copy of the certification and the plans and specifications for such recreational facilities to the Director of the City of La Porte Parks and Recreation Department. (c) The District, its board of directors, officers, developers, and/or landowners will not permit the construction, or commit to any development within, the District that will result in a wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the District's allocated capacity therein. (d) Prior to the sale of any lot or parcel of land, the owner or the developer of the land included within the limits of the District will obtain the approval of the Planning Commission of theCity of La Porte of a plat which will be duly recorded in the Real Property Records of Harris County, Texas, and otherwise comply with the rules and regulations of the City of La Porte. ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ Exhibit C \[Utility Agreement\] ЊЎЊЋЎЉЍВЌЉǣΗğƷ͵ķƚĭǣ UTILITY AGREEMENT THIS UTILITY AGREEMENT Agreement') is made and entered into as of December 11, 2017, by THE CITY OF LA PORTE, TEXAS (the "City"), a home rule municipality in Harris County, Texas, acting by and through its governing body the City Council of La Porte Texas; and BEAZER HOMES TEXAS, L.P.., a Delaware limited partnership on behalf of proposed Harris County Municipal Utility District No. 561. RECITALS Developer has contracted to purchase approximately 234.686 acres of land in Harris County, Texas, described by metes and bounds in Exhibit A develop a quality master-planned single-family and multi-family residential community with senior living facilities and supporting commercial uses within the Tract. The Tract is located within the corporate boundaries of the City. Developer intends to create Harris County Municipal Utility District No. 561 within the City's corporate limits for the purposes of, among other matters, providing water distribution, wastewater collection, and storm sewer and drainage, recreational and road facilities to serve development occurring within the District. The District will contain the Tract. The City is a municipal corporation and is operating under the home rule municipality laws of the State of Texas. The City has the power under the laws of the State of Texas to acquire, own, and operate a water and sanitary sewer system and works and improvements necessary for the drainage of the lands in the City. The City also has the authority to contract with a district organized under the authority of Article XVI, Section 59, of the Constitution of Texas, whereby the District will acquire or construct for the City (i) water distribution systems and sanitary sewer collection to connect to the water supply or treatment systems and (ii) improvements necessary for the drainage of lands in the City. The City and Developer on behalf of the District may enter into an agreement under the terms of which the District will acquire for the benefit of and conveyance to the City the water distribution, wastewater collection, and storm sewer facilities needed to serve lands being developed within the boundaries of the District. The City and Developer have determined that they are authorized by the Constitution and laws of the State of Texas to enter into this Agreement and have further determined that the terms, provisions, and conditions hereof are mutually fair and advantageous to each. AGREEMENT 1512505017x_at.docx For and in consideration of these premises and of the mutual promises, obligations, covenants, and benefits herein contained, the City and Developer on behalf of the District contract and agree as follows: ARTICLE I DEFINITIONS The capitalized terms and phrases used in this Agreement shall have the meanings as follows: Section 3.01. context: the City; Harris County, Texas; the TCEQ; the Attorney General of Texas; the Comptroller of Public Accounts of Texas; the United States Department of Justice; and all other federal, state, and local governmental authorities having regulatory jurisdiction and authority over the financing of the Facilities, the construction of the Facilities, or the subject matter of this Agreement. means the District's bonds, notes, or other evidences of indebtedness issued from time to time for the purpose of purchasing, constructing, acquiring, operating, repairing, improving, or extending the Facilities, and for such other purposes permitted or provided by state law, whether payable from ad valorem taxes, the proceeds of one or more future bond issues, or otherwise, and including any bonds, notes, or similar obligations issued to refund such bonds. La Porte, Texas. means and includes the water distribution, wastewater collection, and drainage systems (but not including detention systems), recreational facilities within road rights-of-way, including trails and sidewalks, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. the inclusion of land within the District in accordance with Texas Water Code Section 54.016, as amended. rticular construction project under the terms of this Agreement, including, but not limited to, costs of construction, acquisition, and installation; engineering fees and expenses; costs of advertising; costs of acquiring necessary licenses, permits, waste control orders, discharge permits or amendments thereto; fiscal, legal, and administrative costs; material-testing costs; site, easement, and permit costs; and all other costs and 2 expenses directly relating to the foregoing, together with an amount for contingencies onestimated Construction Costs of fifteen percent (15%) of the foregoing, provided that no contingency amount shall be included in "Construction Costs" regarding a particular construction project once that project is complete. means Beazer Homes Texas, L.P. Harris County Municipal Utility District No. 561, a body politic and corporate and a political subdivision of the State of Texas organized under the provisions of Article XVI, Section 59 of the Texas Constitution. Any references herein to District shall mean Developer; provided that upon assignment of this Agreement by Developer to the District pursuant to Section 11.11 below, any references herein to the District shall mean the District. means (i) all rights, title, and interests of the District in and to the Facilities, (ii)any Bonds of the District which are authorized but have not been issued by the District, (iii) all rights and powers of the District under any agreements or commitments with any persons or entities pertaining to the financing, construction, or operation of all or any portion of the Facilities and/or the operations of the District, (iv) all cash and investments, and amounts owed to the District, and (v) all books, records, files, documents, permits, funds, and other materials or property of the District. any engineering firm as the District may engage from time to time. all outstanding Bonds of the District, (ii) all other debts, liabilities, and obligations of the District to or for the benefit of any persons or entities relating to the financing, construction, or operation of all or any portion of the Facilities or the operations of the District, and (iii) all functions performed and services rendered by the District for and to the owners of property within the District and the customers of the services provided from the Facilities. on, and drainage and detention systems, recreational facilities outside of a City road right-of-way, and road facilities constructed or acquired or to be constructed or acquired by the District to serve lands within and near its boundaries, and all improvements, appurtenances, additions, extensions, enlargements, or betterments thereto, including any pro rata interest or share in such facilities, together with all contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. in Section 4.04. successors exercising any of its duties and functions related to water conservation and reclamation districts. 3 ARTICLE II REPRESENTATIONS Section 2.01 Representations of the City. The City hereby represents to Developer that: (a) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. (b) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any Person which has not been obtained. Section 2.02 Representations of Developer. Developer hereby represents to the City that: (a) It is duly authorized, created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carry on the operations contemplated by this Agreement. (b) It has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof (i) have been duly authorized, will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to it or any provisions of its articles of incorporation and by-laws, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any of its assets under, any agreement or instrument to which it is a party or by which it or its assets may be bound or affected. (c) It has sufficient capital to perform its obligations under this Agreement. (d) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of such entity, enforceable in accordance with its terms. (e) With respect to Developer only, the petition for the creation of a municipal utility district and the petition for consent to the creation of a municipal utility district that have been previously submitted to the City have been duly authorized, executed and delivered. (f) The execution, delivery and performance of this Agreement by it does not require the consent or approval of any Person which has not been obtained. ARTICLE III DESIGN AND CONSTRUCTION OF THE FACILITIES Section 3.01 Design. The Facilities shall be designed by the District Engineer in accordance with sound engineering principles and in compliance with all applicable requirements of the Approving 4 Bodies. The plans and specifications for the Facilities shall be subject to review and approval by the shall not make any changes to the Approved Plans without the approval of the City. The City shall not require that the Facilities be designed to requirements more stringent than the City's requirements applicable to the design of similar facilities outside the District but within the City's jurisdiction. The District shall design the Facilities in such phases or stages as the District and/or Developer from time to time, in their sole discretion, may determine to be necessary and economically feasible. Section 3.02 Construction. When the District determines, in its sole discretion, that it is necessary and economically feasible to construct the Facilities, the District shall proceed to award a construction contract for the Facilities based upon the Approved Plans. The Facilities shall be installed, construction contracts shall be awarded, and payment and performance bonds obtained all in accordance with the general law for municipal utility districts and in full compliance with the applicable requirements of the Approving Bodies. In addition to any other construction contract provisions, any construction contract for the Facilities shall include the contractor's one (1) year warranty of work performed under the contract. The District shall file all required documents with the TCEQ. Section 3.03 Acceptance of Facilities. Upon completion of the Facilities, the District shall order the District Engineer to certify that the Facilities have been completed in substantial compliance with the Approved Plans, and the District shall certify that all bills and sums of money due in connection with the construction and installation of the Facilities have been fully paid and that the Facilities are free of any and all liens and claims, all according to the certification of the construction contractor. The District shall require the District Engineer to provide three (3) copies of construction drawings of the Facilities to the District. The District shall accept the construction of the Facilities in writing from the construction contractor. The District shall then convey the City Facilities to the City in accordance with the City's procedure for acceptance of such facilities in areas outside the District and within the City and the provisions of Article IV below. Section 3.04 Permits, Fees, and Inspections. The District understands and agrees that all City ordinances and codes, including applicable permits, fees, and inspections, shall be of full force and effect within its boundaries the same as to other areas within the City's corporate limits; provided, however, that no permits, permit fees, or inspection fees shall be required for the Facilities to be conveyed to the City. ARTICLE IV FINANCING OF THE FACILITIES Section 4.01 Authority of District to Issue Bonds. The District shall have authority to issue, sell, and deliver Bonds from time to time, as deemed necessary and appropriate by the Board of Directors of the District, for the purposes, in such forms and manner, and as permitted or provided by federal law, the general laws of the State of Texas, and the Consent Ordinance; provided, however, that such authority to issue, sell, and deliver Bonds will be limited to Bonds issued, sold, and delivered for the 5 purpose of reimbursing Developer or any other developers within the District for the purposes described in Exhibit B of the Consent Ordinance and for the repair and rehabilitation of Facilities to be owned and maintained by the District. . Section 4.02 Distribution of Bond Proceeds. The proceeds of Bonds issued by the District shall be used and may be invested or reinvested, from time to time, as provided in the order or orders of the District authorizing the issuance, sale, and delivery of such Bonds and in accordance with the federal, state, and local laws and regulations governing the proceeds of the District's sale of its Bonds. Section 4.03 Bonds as Obligation of District. Unless and until the City shall dissolve the District and assume the District Assets and District Obligations, the Bonds of the District, as to both principal and interest, shall be and remain obligations solely of the District and shall never be deemed or construed to be obligations or indebtedness of the City. Section 4.04 Financing by Third Parties. From time to time, the District may enter into one or Developer or other landowners of property located within the District whereby Developer or such landowners will construct the Facilities on behalf of the District or advance funds to or on behalf of the District for the acquisition and construction of the Facilities. The construction of any Facilities financed under the terms of a Financing and Reimbursement Agreement shall be subject to all the terms and conditions of this Agreement. Each Financing and Reimbursement Agreement will provide for the District's reimbursement of the person or entity advancing funds for the Facilities (i) from the proceeds of the District's sale of its Bonds, subject to all the terms and conditions of such Financing and Reimbursement Agreement, including, among other conditions, the approval of the TCEQ of the sale of the Bonds and the use of sale proceeds for such purpose; and/or (ii) from District funds lawfully available for such purpose. ARTICLE V OWNERSHIP, OPERATION, AND MAINTENANCE OF FACILITIES Section 5.01 Conveyance of Facilities. As the City Facilities are constructed and accepted in accordance with Article II and the City Facilities are conveyed to the City under this Article V, the construction contractor's one (1) year warranty of its work shall be assigned to the City, as required under Section 3.02 above. Section 5.02 City Acceptance. As the Facilities are constructed and completed, representatives of the City shall inspect the same and, if the City finds that the City Facilities have been completed in substantial compliance with the approved plans and specifications, the City will accept the conveyance of the City Facilities, and the City Facilities so conveyed shall be operated, maintained, and repaired by the City at its sole expense as provided in this Agreement. The City shall accept ownership of the City Facilities under this Section 5.02 in accordance with the City's procedure for acceptance of such 6 facilities in areas outside the District and within the City. If the City Facilities have not been completed in substantial compliance with the approved plans and specifications, the City will immediately advise in what manner the City Facilities do not comply so that the problems may immediately be corrected; whereupon the City shall again inspect the City Facilities and accept the same if the non-complying items have been corrected. In conjunction with the City's acceptance of the City Facilities, the City shall be provided with one (1) set of the construction drawings for such City Facilities. Section 5.03 Operation of the Facilities by the City. Upon the acceptance of the City Facilities by the City, the City will operate the City Facilities and provide services from the City Facilities to users within the District without discrimination. The City shall at all times maintain the City Facilities, or cause the same to be maintained, in good condition and working order and will operate the same, or cause the same to be operated, in an efficient and economical manner at a reasonable cost and in accordance with sound business principles, and the City will comply with all the terms and conditions of this Agreement and with all applicable federal, state, and local laws and regulations. (a) The City shall provide competent, trained personnel, licensed or certified as necessary by the appropriate regulatory authority, to operate, inspect, maintain, and repair the City Facilities. The City shall implement a scheduled maintenance program for the City Facilities and shall ensure that the City Facilities are maintained in the same fashion and with the same frequency as similar facilities owned and operated by the City to serve areas outside the District. (b) The City shall maintain all customer information and records necessary to provide monthly billings to customers served by the City Facilities. The City shall respond to inquiries or correspondence from governmental or regulatory authorities and the District's directors, customers, or consultants. Section 5.04 Rates and Conditions of Service. The connection of improvements to the water and sanitary sewer City Facilities shall be made in the same manner, by the same procedures, and for the same charges, if any, per City policy for other water and wastewater connections. Water and wastewater customers within the District shall pay rates and charges for such services to the City, on the same basis and conditions as the City provides such services to similar City customers who do not receive services from the Facilities. The equivalent number of single family residences attributable to any particular connection shall be computed in accordance with the service unit factors determined by the City in its sole discretion, provided that the City shall always apply the same service unit factors within the District as it applies to other areas within the City. The City shall bill and collect charges from the customers of the City Facilities, calculated in accordance with this Section 5.04, in the same manner and under the same procedures as it bills and collects from other customers of the City that are not served by the City Facilities. Section 5.05 Repair of the Facilities. After its acceptance of the City Facilities, the City shall provide all personnel and equipment necessary to perform repairs on, and shall bear sole cost responsibility for repair of, the City Facilities, including, but not limited to, service line leaks, leaks at water meters, water main breaks, repairs to valves and fire hydrants, manhole repairs, and sanitary 7 sewer line repair and cleaning, as needed. The City shall not, however, bear cost or responsibility for initial repair of any equipment or facilities identified by the City as in need of correction prior to the City's acceptance of the City Facilities under Section 5.02 above. The cost of all materials and supplies used to operate, maintain, and repair the Facilities shall be borne solely by the City. ARTICLE VI CITY PLANT CAPACITY Section 6.01 Water Supply and Distribution Facilities. The City shall provide the District with its ultimate requirements for water supply and distribution capacities. The number and location of the points of connection between the City's water distribution system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide water supply and distribution capacities for the actual requirements of the development within the District's boundaries. Any water supply and distribution capacities so required by the District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its water supply and distribution facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To enable the City to effectively manage its water system capacities in compliance with the City's obligation under this Section 6.01, the District shall provide to the City, by December 31 of each year during the term of this Agreement, a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess water supply are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.02 Wastewater Collection and Treatment Facilities. The number and location of the points of connection between the City's wastewater collection system and the Facilities shall be mutually agreed upon by the District and the City. The City acknowledges its obligation to provide wastewater collection and treatment capacities for the actual requirements of the development within District shall be reserved and allocated by the City exclusively to serve the property within the District and the City shall not use such capacities to serve any other property. The City shall at all times manage the capacities in its wastewater collection and treatment facilities so that capacity to serve development within the District is available at the time such improvements are to be connected to the Facilities. To obligation under this Section 6.02, the District shall provide the City no less than annually a written projection of the new improvements within the District expected to be connected to the Facilities within the coming year, and such other related information as the City may reasonably require. The City confirms that 1,200 equivalent single-family connections of excess wastewater treatment are available to serve the Tract and will remain available to serve the Tract so long as development of the Tract 8 commences within 3 years of the date of this Agreement and is complete within 15 years of the date of this Agreement. Section 6.03 Letter of Capacity Assurance; Assignability. The City agrees that the City shall, upon reasonable request from the District, issue a letter of assurance to the owner of platted property within the District confirming water and wastewater utility availability for such platted property, based upon the standard City criteria published by the City regarding the calculation of water and wastewater requirements for various types of improvements. ARTICLE VII DISTRICT AND OVERLAPPING TAXES Section 7.01 Overlapping Taxes. The City agrees that no portion of City taxes to be derived from the taxpayers of the District will be used to finance elsewhere in the City services the District proposes to provide, and the City and the District agree that no portion of City taxes to be derived from the taxpayers of the District are required to be rebated to the District. Section 7.02 District Taxes. The District is authorized to assess, levy, and collect ad valorem taxes upon all taxable properties within the District to provide for (i) the payment in full of the District Obligations, including principal, redemption premium, if any, or interest on the Bonds and to establish and maintain any interest and sinking fund, debt service fund, or reserve fund and (ii) for maintenance purposes, all in accordance with applicable law. The parties agree that nothing herein shall be deemed or construed to prohibit, limit, restrict, or otherwise inhibit the District's authority to levy ad valorem taxes as the Board of Directors of the District from time to time in its sole discretion may determine to be necessary for the Facilities consistent with the consent conditions in the Consent Ordinance. The City and the District recognize and agree that all ad valorem tax receipts and revenues collected by the District shall become the property of the District and may be applied by the District to the payment of all proper debts, obligations, costs, and expenses of the District and may be pledged or assigned to the payment of all or any designated portion of the principal or redemption premium, if any, or interest on the Bonds or otherwise in accordance with applicable law. ARTICLE VIII DISSOLUTION OF THE DISTRICT Section 8.01 Dissolution of District. The City and District recognize and agree that the City may, pursuant to the procedures and provisions and subject to the limitations set forth in the laws of the State of Texas including, but not limited to, Section 43.074, Texas Local Government Code, abolish and dissolve the District and assume the District Assets and District Obligations upon a vote of not less than two-thirds (2/3) of the entire membership of the City Council to adopt an ordinance to such effect, if the City Council finds: (a) that the District is no longer needed, (b) that the services and functions performed by the District can be served and performed by the City, and (c) that it would be in the best interests of the citizens and property within the District and the City that the District be abolished. In 9 order to ensure that the property owners and inhabitants of the City and the District are afforded sufficient time and opportunity to realize the benefits and public utility to be derived from the creation and operation of the District and the financing, construction and implementation of the plan of improvements for the District, and in order to contribute to the financial stability and feasibility of the District by ensuring a sufficient longevity of the District's existence to permit the District to reach a satisfactory level of financial maturity, the City agrees that the District shall not be abolished until such time as the District is fully developed and has sold all Bonds necessary to finance the costs of the Facilities and has reimbursed Developer and any other landowners within the District in accordance with the Financing and Reimbursement Agreements previously entered into by the District. Section 8.02 Transition upon Dissolution. In the event all required findings and procedures for the dissolution of the District have been duly, properly, and finally made and satisfied by the City, and unless otherwise mutually agreed by the City and the District pursuant to then existing law, the District agrees that its officers, agents, and representatives shall be directed to cooperate with the City in any and all respects reasonably necessary to facilitate the dissolution of the District and the transfer of the District Assets to and the assumption of the District Obligations by the City. ARTICLE IX MATERIAL BREACH, NOTICE AND REMEDIES Section 9.01 Material Breach of Agreement. (a) The parties acknowledge and agree that any substantial deviation by the District from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement by the District would be the failure of the District to obtain approval from the City prior to annexing an additional property into the District as provided for herein. (b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. By way of example, a substantial deviation from the material terms of this Agreement would be an attempt by the City to dissolve the District other than as provided for herein. (c) In the event that a party to this Agreement believes that another party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article IX shall provide the sole remedies for such default, unless otherwise specifically provided herein. Section 9.02 Notice of District's Default. (a) The City shall notify the District in writing of an alleged failure by the District to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable 10 particularity. The District shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the District. The District shall make available and deliver to the City, if requested, any records, documents or other information necessary to make the determination without charge. (c) In the event that the City determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the City, or that such failure is excusable, such determination shall conclude the investigation. (d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the District in a manner and in accordance with a schedule reasonably satisfactory to the City, then the City may pursue the remedies provided in Section 9.04. 11 Section 9.03 Notice of City's Default. (a) The District shall notify the City in writing of an alleged failure by the City to comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within 30 days after receipt of such notice or such longer period of time as the District may specify in such notice, either cure such alleged failure or, in a written response to the District, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. (b) The District shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available and deliver to the District, if requested, any records, documents or other information necessary to make the determination without charge. (c) In the event that the District determines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the District, or that such failure is excusable, such determination shall conclude the investigation. (d) If the District determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may pursue the remedies provided in Section 9.04. Section 9.04 Remedies. (a) In the event of a determination by the City that the District has committed a material breach of this Agreement the City may, subject to the provisions of Section 9.02, file suit in a competent jurisdiction in Harris County, Texas, and seek either (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (b) In the event of a determination by the District that the City has committed a material breach of this Agreement, the District may, subject to the provisions of Section 9.03, file suit in a court of competent jurisdiction in Harris County, Texas, and seek (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (c) Neither party shall be liable for any monetary damages of the other party for any reason whatsoever, including punitive damages, exemplary damages, consequential damages or attorneys' fees. ARTICLE X 12 BINDING AGREEMENT, TERM, AND AMENDMENT Section 10.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the District, their successors and assigns, including any additional districts created by division of the District. Section 10.02 Term. This Agreement shall remain in effect until the earlier to occur of (i) the dissolution of the District by the City or (ii) the expiration of thirty (30) years from the date hereof. Section 10.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties shall promptly execute and file of record, in the Real Property Records of Harris County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. Section 10.04 Amendment. This Agreement may be amended only upon written amendment executed by the parties affected by such amendment. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other ll be given in writing addressed to the party to be notified at the address set forth below for such party, (a) by delivering the same in person, (b) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified; (c) by depositing the same with FedEx or another nationally recognized courier service guaranteeing "next day delivery," addressed to the party to be notified, or (d) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States mail in the manner herein above described shall be deemed effective from and after three (3) days after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows: City: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Attn: City Secretary With copy to: Mr. Clark Askins Askins & Askins 13 702 W. Fairmont Parkway La Porte, Texas 77571 Developer: Beazer Homes Texas, L.P. Attn: Mr. Jeff Anderson 10235 West Little York, Suite 200 Houston, TX 77040 District: Allen Boone Humphries Robinson LLP Attn: Jim Boone 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least 5 days written notice to the other parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. Section 11.02 Severability by Court Action. Unless the court applies Section 11.03, if any provision of this Agreement or the application thereof to any person or circumstance is ever judicially declared invalid, such provision shall be deemed severed from this Agreement, and the remaining portions of this Agreement shall remain in effect. Section 11.03 Invalid Provisions. If any provision of this Agreement or the application thereof to any person or circumstance is prohibited by or invalid under applicable law, it shall be deemed modified to conform with the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder thereof or any such other provision being prohibited or invalid. Section 11.04 Waiver. Any failure by a party hereto to insist upon strict performance by the other party of any provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. Section 11.05 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to cont1icts of law principles. Venue shall be in Harris County, Texas. Section 11.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws, including sovereign immunity, except to enforce any rights and remedies under this Agreement. 14 Section 11.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further documents and do such further acts and things as the other party may reasonably request in order to effectuate the terms of this Agreement. Section 11.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. Section 11.9 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances to the extent not in conflict with this Agreement, and any rules implementing such statutes or regulations. Section 11.10 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the District's board of directors. Section 11.11 Creation of the District. The rights, duties and obligations of the District hereunder shall be the rights, duties and obligations of Developer. Upon the creation of and confirmation of the District, the District shall automatically assume all rights, duties and obligations of Developer under this Agreement and Developer shall have no further liability under this Agreement, without any further action by the District, Developer, or the City being necessary. Section 11.12 Force Majeure. In the event any party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Agreement, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this Agreement, then the obligations of such party, to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the force majeure relied upon, the party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. Such cause, as far as possible, shall used herein, shall include without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, drought, arrests, restraint of government, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and wastewater systems hereunder, and any other inabilities of any party, whether similar to those enumerated or otherwise, which are not within the control of the party 15 claiming such inability, which such party could not have avoided by the exercise of due diligence and care. Section 11.13 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third parties. Section 11.14 Merger. This Agreement embodies the entire understanding between the parties and there are no representations, warranties, or agreements between the parties covering the subject matter of this Agreement other than the Consent Ordinance between the City and the District. If any provisions of the Consent Ordinance appear to be inconsistent or in conflict with the provisions of this Agreement, then the provisions contained in this Agreement shall be interpreted in a way which is consistent with the Consent Ordinance. Section 11.15 Modification. This Agreement shall be subject to change or modification only with the mutual written consent of the City and the District. Section 11.16 Captions. The captions of each section of this Agreement are inserted solely for convenience and shall never be given effect in construing the duties, obligations or liabilities of the parties hereto or any provisions hereof, or in ascertaining the intent of either party, with respect to the provisions hereof. Section 11.17 Interpretations. This Agreement and the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Agreement. Section 11.18 Voter Trailer. The City agrees that a trailer may be located on the Tract to provide housing for voters in connection with the election to confirm the District, authorize bonds for the District, and elect the initial board of directors for the District; provided, however, that the trailer may not be located on the Tract for a period of time exceeding 8 months. \[EXECUTION PAGES FOLLOW\] 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date first given above. THE CITY OF LA PORTE, TEXAS By: ATTEST: Mayor By City Secretary (SEAL) APPROVED AS TO FORM: By: City Attorney THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on the _____ day of ______________, 2017, by ____________________, Mayor of the City of La Porte, Texas. Notary Public, State of Texas \[Official Notary Stamp\] 17 BEAZER HOMES TEXAS, L.P., a Delaware limited partnership By: Beazer Homes Texas Holdings Inc., a Delaware corporation, its general partner By: Name: Title: THE STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me, the undersigned authority, this _____ day of December, 2017, by ______________________________, _______________ of Beazer Homes Texas Holdings, Inc., a Delaware corporation, general partner of Beazer Homes Texas, L.P., a Delaware limited partnership, on behalf of said Delaware corporation and Delaware limited partnership. Notary Public, State of Texas \[Official Notary Stamp\] 18 Exhibits ALegal Description of Tract 19 Exhibit A 20 21 22 23