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Home My WebLink About01-08-18 Regular Meeting of the La Porte City Council Ʒŷ hƓ 5ĻĭĻƒĬĻƩ БͲ ƷŷĻ /źƷǤ ƚŅ \[ğ tƚƩƷĻ ŷĻƌķ ƷŷĻ ğƓƓǒğƌ \[źŭŷƷĻķ /ŷƩźƭƷƒğƭ tğƩğķĻ͵ ŷĻ ǞźƓƓĻƩƭ ŅƚƩ ƷŷĻ ŅƚǒƩ ĭğƷĻŭƚƩźĻƭ ǞĻƩĻʹ .ĻƭƷ .ǒƭźƓĻƭƭʹ ŷĻ IƚǒƭƷƚƓ ğĭŷƷ /ƌǒĬ .ĻƭƷ hƩŭğƓźǩğƷźƚƓʹ \[ğ tƚƩƷĻ ЍΏI /ƌǒĬ .ĻƭƷ {ĭŷƚƚƌʹ {ğƓ WğĭźƓƷƚ /ƚƌƌĻŭĻ .ĻƭƷ źƓ {ŷƚǞʹ {ğƓ WğĭźƓƷƚ /ƚƌƌĻŭĻ 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 DECEMBER 11, 2017 The City Council of the City of La Porte met in a regular meeting on Monday, December 11, 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, Assistant City Manager Jason Weeks 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 Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a)Recognition – City of La Porte Emergency Medical Services (EMS) – Silver Plus Achievement Award – Mayor Rigby Mayor Rigby recognized the Emergency Medical Services Department for receiving the Silver Plus Achievement Award. (b)Recognition – Employee of the Third Quarter 2017 – Larry Villarreal (Equipment Operator II) City of La Porte Public Works Department – Mayor Rigby Mayor Rigby recognized Equipment Operator II Larry Villarreal as Employee of the Third Quarter 2017. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Philip Dunn, 701 San Jacinto St., addressed Council regarding the last meeting in November when the Dangerous Building item was discussed and questioned comments from Council that were made during the discussion. Chuck and Jane Rosa, 812 S. Virginia, addressed Council and expressed gratitude for the Christmas lights and nativity scene displayed in the City. Bobby Murray, 10303 Rustic Rock Rd., addressed Council regarding a dog he adopted with heartworms from the La Porte Animal Shelter and requested the animals be tested for diseases before being released for adoption. . Page1 of 6 December 11, 2017 Council Meeting Minutes th Paul Larson, 200 N. 4 St., addressed Council and informed he has a permit for 621 W. Main, thanked Council for allowing additional time to obtain the permit and requested Council implement the International Code instead of the Uniform Plumbing and Mechanical Code. 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 November 13, 2017– P. Fogarty (b)Consider approval or other action to reject Bid #18003 for Temporary Labor Services – Solid Waste Worker – C. Daeumer (c)Consider approval or other action to purchase Neptune meters from sole source supplier Core and Main – M. Dolby (d)Consider approval or other action regarding a Resolution 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 No. 3416801, for the City of La Porte Emergency Operation Center (EOC) Audio/Visual Equipment Replacement Project – K. Gauthier (e) Consider approval or other action authorizing Staff to accept quote from T.F. Harper & Associates LP in the amount of $67,680.00 for purchase and installation of shade structures and concrete pads at the Little Cedar Bayou Wave Pool, under Texas Buy Board Contract No. 512-16 - R. Epting (f) Consider approval or other action authorizing Staff to accept the quote from Texas Sports Equipment in the amount of $52,086.00 for purchase and installation of bleachers and basketball backboards for the City of La Porte Recreation & Fitness Center, under Texas Buy Board No. 502-16 – R. Epting Consent Items E and F were pulled for questions. Parks and Recreations Director Rosalyn Epting answered the questions. Councilmember Engelken made a motion to approve Consent Agenda Items pursuant to staff recommendations. Councilmember Kristin Martin seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Ayes: Mayor Rigby, Councilmembers Leonard, Engelken, Ojeda, Zemanek, Kaminski, Earp, J. Martin, and K. Martin Nays: None Absent: None Item 9 (a) was taken at this time and Councilmember Earp left the table due to a conflict of interest. See Discussion and possible action below. Item No. 9 7. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a)Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve Special Conditional Use Permit # 17-91000005 to allow for development of a Master Planned Residential Community in a Planned Unit Development (PUD) Zoning District; and consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106, by granting Special Conditional Use Permit #17-91000005 to allow for the development of a Master Planned Page2 of 6 December 11, 2017 Council Meeting Minutes Residential Community in a Planned Unit Development (PUD) Zoning District, for a 235- acre tract of land and being a portion of a 485.14-acre tract in the Richard Pearsall Survey, A-265, La Porte, Harris County, Texas. The public hearing opened at 6:51 p.m. City Planner Ian Clowes presented a summary regarding a recommendation by the Planning and Zoning Commission to approve a Special Conditional Use Permit Request #17-91000005, to allow for development of a Master Planned Residential Community in a Planned Unit Development (PUD) Zoning District. Chuck Rosa, 812 S. Virginia St., spoke in opposition of a Special Conditional Use Permit Request allowing for development of a Master Planned Residential Community in a Planned Unit Development (PUD) Zoning District. Paul Grohman spoke and provided additional information on the development and commented the permit is consistent with the City of La Porte’s Comprehensive Plan. There being no further public comments, the public hearing closed at 7:22 p.m. Councilmember Zemanek made a motion to accept the Planning and Zoning Commission’s recommendation to approve an Ordinance amending Chapter 106, “Zoning” of the Code of Ordinances of the City of La Porte, by granting Special Conditional Use Permit #17-91000005, to allow for development of a Master Planned Residential Community in a Planned Unit Development (PUD) Zoning District. Councilmember Kaminski seconded. MOTION PASSED 7/1. Ayes: Mayor Rigby, Councilmembers Ojeda, Engelken, Zemanek, Kaminski, J. Martin, and K. Martin Nays: Councilmember Leonard Abstain: Councilmember Earp Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3687: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 17-91000005, TO ALLOW FOR THE DEVELOPMENT OF A MASTER PLANNED RESIDENTIAL COMMUNITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, FOR A 235 ACRE TRACT OF LAND AND BEING A PORTION OF A 485.14 ACRE TRACT IN THE RICHARD PEARSALL SURVEY, A-265, LA PORTE, HARRIS COUNTY TEXAS, MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (b)Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to approve an Ordinance allowing additional uses to be permitted within the Neighborhood Commercial (NC) Zoning District; and consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances of the City of La Porte by amending regulations related to certain use classifications in the Neighborhood Commercial “NC” Zoning District – I. Clowes The public hearing opened at 7:24 p.m. City Planner Ian Clowes presented a summary regarding a recommendation by the Planning and Zoning Commission to allow additional uses to be permitted within the Neighborhood Commercial (NC) Zoning District. There being no further public comments, the public hearing closed at 7:25 p.m. Councilmember Kristin Martin made a motion to accept the Planning and Zoning Commission’s recommendation to approve an Ordinance allowing additional uses to be permitted within the Page3 of 6 December 11, 2017 Council Meeting Minutes Neighborhood Commercial (NC) Zoning District. Councilmember Zemanek seconded. MOTION PASSED 8/0. Ayes: Mayor Rigby, Councilmembers Ojeda, Engelken, Zemanek, Kaminski, Ojeda, Leonard, J. Martin, and K. Martin Nays: None Abstain: Councilmember Earp Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3688: AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO CERTAIN USE CLASSIFICATIONS IN THE NEIGHBORHOOD COMMERCIAL “NC” ZONING DISTRICT; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. AUTHORIZATIONS A.Consider approval or other action regarding an Ordinance repealing Ordinance 2017-3682, concerning condemnation of the commercial building located on Lots four (4), five (5) and six (6), Block 42, Town of La Porte, Harris County, Texas, more commonly known as 621 W. Main Street; and repealing Ordinance 2017-3682 – R. Mancilla Planning and Development Director Richard Mancilla presented a summary. Councilmember Leonard made a motion to approve an Ordinance with completion date of June 1, 2018. Councilmember Earp seconded. MOTION PASSED 9/0. Ayes: Mayor Rigby, Councilmembers Ojeda, Engelken, Zemanek, Kaminski, Earp, Leonard, J. Martin, and K. Martin Nays: None Abstain: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3689: AN ORDINANCE REPEALING ORDINANCE 2017-3682, CONCERNING CONDEMNATION OF THE COMMERCIAL BUIDLING LOCATED ON LOTS FOUR (4), FIVE (5) and SIX (6), BLOCK 42, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 621 W. MAIN STREET; AND REPEALING ORDINANCE 2017-3686; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 9. DISCUSSION AND POSSIBLE ACTION (a)Discussion and possible action regarding Petition for Consent to the Creation of a Municipal Utility District (MUD) and associated utility agreement – C. Alexander Councilmember Danny Earp left the table due to a conflict of interest. City Manager Corby Alexander presented a summary. Councilmember Zemanek made a motion to consent to the Creation of a Municipal Utility District (MUD) and associated utility agreement. Councilmember Jay Martin seconded the motion. MOTION PASSED UNANIMOUSLY 7/1. Ayes: Mayor Rigby, Councilmembers Engelken, Ojeda, Zemanek, Kaminski, J. Martin, and K. Martin Nays: Councilmember Leonard Abstain: Councilmember Earp Page4 of 6 December 11, 2017 Council Meeting Minutes Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2017-3690: 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 AL 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, LP., 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. (b)Discussion a possible action regarding appointment of a City Council subcommittee to review and make recommendations for annual evaluation forms as determined by the committee – Mayor Rigby Mayor Rigby presented a summary. Councilmember Earp made a motion to form a subcommittee to make recommendations for annual evaluation forms consisting of Councilmembers Earp, K. Martin and Engelken as Chairman Councilmember Zemanek seconded. MOTION PASSED 9/0. Ayes: Mayor Rigby, Councilmembers Ojeda, Engelken, Zemanek, Kaminski, Earp, Leonard, J. Martin, and K. Martin Nays: None Abstain: None 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander introduced the new Assistant City Manager Jason Weeks. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information. Councilmember Ojeda reported Council the La Porte Development Corporation Board met prior to the City Council meeting and chose a fencing design option along Spencer Highway between Underwood Rd. and Farrington Blvd. Councilmember Jay Martin welcomed Assistant City Manager Jason Weeks; congratulated the Emergency Medical Services on their award; Larry Villarreal as Employee of the Third Quarter 2017; requested Staff to get back with Mr. Murray regarding his concern with the adoption process at the Animal Shelter and commented how excited he is with the future development of a Master Planned Residential Community. Councilmember Kristin Martincongratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; complimented Staff on the adjustment of scheduling of events for Christmas on Main Street; welcomed Assistant City Manager Jason Weeks and commented she welcomes Beazer Homes again to the City of La Porte. Councilmember Kaminski congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017 and commented Christmas on Main Street was exciting and well attended. Councilmember Zemanek congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; commented on the children’s smiling faces at the parade during Christmas on Main Street and wished everyone a Merry Christmas and a Happy New Year. Page5 of 6 December 11, 2017 Council Meeting Minutes Councilmember Leonard congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; commented on an event held on Saturday where animals were spayed and neutered with La Porte High School students volunteering and wished everyone a Merry Christmas. Councilmember Engelken congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; thanked the City for the new sign at the Brookglen Center; complimented the work being done at the baseball fields; welcomed Assistant City Manager Jason Weeks and wished everyone safe and happy holidays. Councilmember Earp congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; welcomed Assistant City Manager Jason Weeks and wished everyone a Merry Christmas and a Happy New Year. Councilmember Ojeda thanked Staff for applying for the grant for the Emergency Operation Center; complimented Public Works Director for the write up for Larry Villarreal as Employee of the Third Quarter 2017; thanked Parks and Recreation for all the events; thanked Lighthouse Baptist Church for the delicious fudge and commented she hopes the concern of animals being tested for diseases before being adopted is resolved. Mayor Rigby congratulated the Emergency Medical Services on their award and Larry Villarreal as Employee of the Third Quarter 2017; thanked Pastor Dunn for the fudge; informed every one of the Bridge Series he attended; commented the Employee Christmas Party was well coordinated and attended; advised of a conference call he and others had with Congressman Babin’s in regards to the Heavy Haul Corridor; commented Christmas on Main Street was well attended; welcomed Jason Weeks and reminded Councilmembers to get their iPads upgraded with City Secretary Patrice Fogarty. 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 7:50 p.m. Councilmember Leonard seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on January 8, 2018. ________________________________ Mayor Louis R. Rigby Page6 of 6 December 11, 2017 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 8, 2018 Source of Funds: General Budget Requested By: Patrice Fogarty, City Secretary Account Number: 6067-510-6004 Department: City Secretary Amount Budgeted: $35,000 Report: Resolution: Ordinance: X Amount Requested: $35,000 Budgeted Item: YES NO Exhibits: Ordinance ordering May 5, 2018, general election And Special Election SUMMARY & RECOMMENDATION City Council is being asked to consider adopting an ordinance ordering a general election of the City of La Porte to be held on May 5, 2018, for the purpose of electing City officials for the following offices: Mayor, for a three-year term; Councilperson-District 2, for a three-year term; and Councilperson-District 3, for a three-year term. Additionally, Council is being asked to consider adopting an ordinance ordering a special election for voters to consider the proposition: The reauthorization of the local sales and use tax in the City at a rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. The general election is being held jointly with the La Porte Independent School District. Action Required by Council: Consider approval or other action adopting an ordinance ordering a general election on May 5, 2018, to elect City officials for the following offices: Mayor, Councilperson District 2 and Councilperson District 3; and adopt an ordinance ordering a special election for voters to consider the proposition: “The reauthorization of the local sales and use tax in the City at a rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets;” and provide for a joint general election with LPISD. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2018- AN ORDINANCE ORDERING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO LOCAL SALES AND USE TAX IN THE CITY OF LA PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND ; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 5th day of May, 2018, such day being the first Saturday in May, 2018, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., to permit voting for or against reauthorization of the local sales and use tax in the City of La Porte at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve A1, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right-of-line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A & 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A & 30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A & 30A-1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of- way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts 1A & 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts 1A & 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471, Tracts 471D & 471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; 2 THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein-described District 1 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #2 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway (West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 2 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge 3 Election Precinct #3 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street) to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; 4 THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein-described District 3 Boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: BEGINNING at point at the intersection of the centerline of Spencer Highway (West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots, to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, & 28, Lot 7, Lots 5 & 6, Lot 4, Lot 3, Lot 2, and Tracts 1A & 1B, La Porte Outlots, to the centerline of Sens Road; rth of the THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; 5 THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5, to the east right-of-way line of Strang Road; THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision, to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with intersection with the west line of the City of Morga northward from the east right-of-line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with THENCE along t east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection THENCE with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; 6 THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its intersection with the with the centerline of South Broadway; THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with th the centerline of South 16 Street; th THENCE in a northerly direction along the centerline of South 16 Street to its intersection with th the centerline of South 17 Street; th THENCE in a northerly direction along the centerline of South 17 Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein-described District 4 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway (West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to th its intersection with the centerline of South 17 Street; 7 th THENCE in a southerly direction along the centerline of South 17 Street to its intersection with T th the centerline of South 16 Street; th THENCE in a southerly direction along the centerline of South 16 Street to its intersection with the centerline of Fairmont Parkway; THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with the centerlin with the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its THENCE in a southeasterly along the west line with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; 8 THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein-described Tract 1 of District 5 boundary. TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein-described Tract 2 of District 5 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #6 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; 9 THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 6 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge 10 Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Early Voting Polling Places: La Porte City Hall (Council Chambers) Main Early Voting Polling Place 604 West Fairmont Parkway La Porte, Texas 77571 Instructional Technology Center (ITC Building) Branch Polling Place 9832 Spencer Hwy. La Porte, Texas 77571 Bi-Lingual Election Clerk/Interpreter: Isabel Salas and/or Gladis Sanchez. Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Applications for a ballot by mail shall be mailed, emailed, faxed or sent by common or contract carrier to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, fax: 281-842-3701, email: fogartyp@laportetx.gov. Ballots voted by mail shall be mailed to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, or sent by common or contract carrier to the same address or while 11 who voted the ballot. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, City Secretary; and the places at which Early Voting by personal appearance shall be conducted are designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place), and the Instructional Technology Center (ITC Building), 9832 Spencer Hwy., La Porte, Texas, (branch early voting polling place). Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period from 8:00 a.m. to 5:00 p.m., except for the third day and the final day of the early voting period, from 7:00 a.m. to 7:00 p.m. Section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. Jana Wood is hereby appointed as the Presiding Judge of the Central Counting Station, and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of 12 ballots at the Central Counting Station. Sharon Harris is hereby appointed the tabulation supervisor, and Gladis Sanchez is hereby appointed the assistant tabulation supervisor. In compliance with Chapter 127 of the Texas Election Code, the tabulation supervisor, assistant tabulation supervisor, presiding judge of counting station, alternate presiding judge of counting station and any appointed clerks are entitled to compensation at the same rate as a precinct presiding judge except that the counting station judge is entitled to a minimum serves for the entire time a counting station is in operation is entitled to a minimum Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election to be published one time in the BAY AREA OBSERVER, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, Texas and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 9. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, Texas; and the City Council shall canvass said returns at a Special Meeting set by the City Council; and shall, immediately after canvassing the returns, declare the results of the election. 13 Section 10. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision; and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 11. This Ordinance shall be in effect immediately upon its passage and approval. Section 12. 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 was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this ____ day of January, 2018. CITY OF LA PORTE, TEXAS By: ______________________________ Louis R. Rigby, Mayor ATTEST: _______________________________ Patrice Fogarty, City Secretary APPROVED: _______________________________ Clark T. Askins Assistant City Attorney 14 ORDINANCE NO. 2018-______ AN ORDINANCE ORDERING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA PORTE, TEXAS; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR A JOINT ELECTION WITH THE LA PORTE INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD, LOCATIONS AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR A RUN-OFF ELECTION, IF NECESSARY, ON THE SECOND SATURDAY IN JUNE; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. An election shall be held within the corporate limits of the City of La Porte, Texas, on the 5th day of May, 2018, such day being the first Saturday in May, 2018, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Mayor, for a 3-year term Councilperson--District 2, for a 3-year term Councilperson--District 3, for a 3-year term This will be a joint election with the La Porte Independent School District. A run-off election will be held, if necessary, on June 9, 2018, that day being the second Saturday in June, 2018, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Section 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve A1, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right-of-line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A & 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A & 30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A & 30A-1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of- way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts 1A & 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts 1A & 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471, Tracts 471D & 471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; 2 THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein-described District 1 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #2 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway (West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 2 boundary. 3 Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #3 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street) to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; 4 THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein-described District 3 Boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: BEGINNING at point at the intersection of the centerline of Spencer Highway (West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots, to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, & 28, Lot 7, Lots 5 & 6, Lot 4, Lot 3, Lot 2, and Tracts 1A & 1B, La Porte Outlots, to the centerline of Sens Road; 5 THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5, to the east right-of-way line of Strang Road; THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision, to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with THENC northward from the east right-of-line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection 6 with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its rsection with the centerline of South Broadway; THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with th the centerline of South 16 Street; th THENCE in a northerly direction along the centerline of South 16 Street to its intersection with THENCE in a westerly direction along the centerline of West th the centerline of South 17 Street; th THENCE in a northerly direction along the centerline of South 17 Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein-described District 4 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 7 Precinct Boundaries: TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway (West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to th its intersection with the centerline of South 17 Street; th THENCE in a southerly direction along the centerline of South 17 Street to its intersection with th the centerline of South 16 Street; th THENCE in a southerly direction along the centerline of South 16 Street to its intersection with the centerline of Fairmont Parkway; THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with with the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its THENCE in a northeasterly direction along the centerlin with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; 8 THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein-described Tract 1 of District 5 boundary. TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein-described Tract 2 of District 5 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate Presiding Judge 9 Election Precinct #6 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; 10 THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 6 boundary. Election Officials: Barbara Matuszak, Presiding Judge Hector Villarreal, Alternate Presiding Judge Early Voting Polling Places: La Porte City Hall (Council Chambers) Main Early Voting Polling Place 604 West Fairmont Parkway La Porte, Texas 77571 Instructional Technology Center (ITC Building) Branch Polling Place 9832 Spencer Hwy. La Porte, Texas 77571 Bi-Lingual Election Clerk/Interpreter: Isabel Salas and/or Gladis Sanchez. Section 3. Voting at said election, including early voting, shall be by the use of voting machines; and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. 11 Applications for a ballot by mail shall be mailed, emailed, faxed or sent by common or contract carrier to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, fax: 281-842-3701, email: fogartyp@laportetx.gov. Ballots voted by mail shall be mailed to Patrice Fogarty, City Secretary, 604 W. Fairmont Parkway, La Porte, TX 77571, or sent by common or contract carrier to the same address or while who voted the ballot. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, City Secretary; and the places at which Early Voting by personal appearance shall be conducted are designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, (main early voting polling place), and the Instructional Technology Center (ITC Building), 9832 Spencer Hwy., La Porte, Texas, (branch early voting polling place). Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period from 8:00 a.m. to 5:00 p.m., except for the third day and the final day of the early voting period, from 7:00 a.m. to 7:00 p.m. Section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. Jana Wood is hereby appointed as the Presiding Judge of the Central Counting Station, and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary is hereby authorized and directed to obtain, or cause to be obtained, 12 the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Sharon Harris is hereby appointed the tabulation supervisor, and Gladis Sanchez is hereby appointed the assistant tabulation supervisor. In compliance with Chapter 127 of the Texas Election Code, the tabulation supervisor, assistant tabulation supervisor, presiding judge of counting station, alternate presiding judge of counting station and any appointed clerks are entitled to compensation at the same rate as a precinct presiding judge except that the counting station judge is entitled to a minimum serves for the entire time a counting station is in operation is entitled to a minimum Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election to be published one time in the BAY AREA OBSERVER, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being sought; the method of placing the candidate's name on the ballot; and any other pertinent information concerning said election; 13 Section 9. Each candidate for the office of Mayor must be a resident qualified voter of the City for 12 months immediately preceding election day. Each candidate for the office of District Councilperson 2 and District Councilperson 3 must be a resident qualified voter of the City for 12 months immediately preceding election day and must also be a resident of the district for which he or she files. Section 10. The deadline for a candidate to make application to have his/her name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Friday, February 16, 2018. No application shall be accepted for filing prior to Wednesday, January 17, 2018. Section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, Texas and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, Texas; and the City Council shall canvass said returns at a Special Meeting set by the City Council; and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver a certificate of election to the candidate for whom the majority of votes have been polled for each respective office. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision; and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. 14 Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. 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 was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED, this ____ day of January, 2018. CITY OF LA PORTE, TEXAS By: ______________________________ Louis R. Rigby, Mayor ATTEST: _______________________________ Patrice Fogarty, City Secretary APPROVED: _______________________________ Clark T. Askins Assistant City Attorney 15 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 8, 2018 Source of Funds: Inventory Acct Requested By: Don Pennell Account Number: 00161465159094 Department: Public Works Amount Budgeted: $542,841 Report: X Resolution: Ordinance: Amount Requested: $479,497.80 Exhibits: Bid Tabulation Budgeted Item: YES NO Exhibits: Price Comparison with Houston OPIS Rack Exhibits SC Fuels Bid SUMMARY & RECOMMENDATION Background: Advertised, Sealed Bid # 18004-Bulk Fuel Supply Rebid was opened and read on November 14, 2017. Bids were advertised on October 26, 2017 and November 2, 2017 in the Bay Area Observer, posted on Public Purchase and the city’s website, seven (7) bids were received with one (1) being non responsive. This bid was broken out in two (2) Sections, Section 1-Fuel, Section 2-Emergency Services. The price of fuel for both regular unleaded and diesel is calculated on the daily price listed on the Oil Price Information Service Index (OPIS) report for Houston, Texas, specifically the average rack price. Pricing was requested for plus, flat or minus OPIS per gallon. Fuel is delivered to Public Works and to the Golf Course. Attached is a price comparison using estimated gallons of fuel for each location, prices submitted and the December 4, 2017 OPIS. SC Fuels submitted the lowest price for Item 3- Regular Unleaded which the City uses an estimated annual amount of 174,000 gallons. Although SC Fuels was not the lowest for Items 1 and 2, staff feels that awarding Section 1 to SC Fuels is the best value to the city. Using estimated quantities the annual cost for fuel, is estimated to be $479,497.80. The intent of Section 2- Emergency Services is to have a plan in place to obtain fuel in case of catastrophic conditions. Staff is recommending awarding the contract for emergency services to SC Fuels. SC Fuels also supplies bulk fuel to various surrounding cities and counties. References were sent out and they all came back that they were very satisfied with SC Fuels performance. Staff recommends awarding Section 1-Fuel and Section 2 –Emergency Services to SC Fuels. This contract is for a period of one (1) year with two (2) additional one-year renewal options upon agreement of both parties. Action Required by Council: Consider approval or other action to award sealed bid #18004- Bulk Fuel Supply Rebid to SC Fuels. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: January 8, 2017 Source of Funds: 015 (General CIP) Requested By: Don Pennell Account Number: 051-7070-530-1100 Department: Public Works Amount Budgeted: $980,000 Report: ___ Resolution: _____ Ordinance: _________ Amount Requested: $95,922 Exhibit: Vendor Access Report Budgeted Item: YES NO Exhibit: Proposal for Engineering Services Precast Exhibit: Proposal for Engineering Services Brick Exhibit: Proposal for Engineering ServicesCedar SUMMARY & RECOMMENDATION The project consists of design and constructing an eight foot precast concrete fence along the south side of Spencer Highway from Farrington to Myrtle Creek and along the north side from Farrington to Valleybrook. The proposed sidewalk will extend from Farrington to Underwood Road. At the September 26, 2016 meeting Council approved the addition of a decorative screening fencing/wall along Spencer Highway from Farrington to Myrtle Creek into to FY17 Economic Development Fund budget. Funding was allocated over two fiscal years with construction to take place fiscal year 17-18. Fencing material options initially presented to the Economic Development Board (ED) and Council, included brick, cedar, and pre-cast concrete. Both the ED Board and Council approved the brick fence as the preferred material. These options were presented to the ED Board a second time for consideration, including preliminary construction cost estimates for each material, the ED Board approved the pre-cast concrete fence option. Additional funding for the sidewalk is available in the City wide sidewalk project if needed. The amount shown is the original fence budget only. Color and pattern options will be presented at a future Council meeting. Request for Qualifications RFQ 17604 for Professional Engineering Services for Spencer Highway Fence and Sidewalk (on the south side of Spencer) was advertised on June 22 and June 29, posted on Public Purchase and the City’s website. 36 companies downloaded the RFQ package and 3 submitted Statements of Qualifications. An evaluation team consisting of the City Planner, Public Improvement Inspector and the City Engineer evaluated the Statement of Qualifications. After the evaluation process the evaluation team recommended Cobb Fendley and Associates Inc. for a Professional Services Contract. Cobb Fendley submitted a design proposal attached in the amount of $95,922.00. Benefits: A new fence construction will provide an aesthetic that blends seamlessly along the right of way and allows for improved maintenance of vegetation along the fence line and right of way. Liabilities: The City will be responsible for future mowing and maintenance along the fences. Operating Costs: N/A Action Required by Council: Consider approval or other action to authorize the City Manager to enter into a professional services agreement with Cobb Fendley and Associates Inc. for the design incorporating precast concrete fence, bidding, and construction phase services of Spencer Highway Fence and Sidewalk in the amount of $95,922.00. Approved for City Council Agenda Corby D. Alexander Date RFQ #17604 Professional Engineering Services for Spencer Highway Fence and Sidewalk Project Evaluation Summary Cobb CriteriaMax PointsKSAStantec Fendley 1. Qualifications/Experience 180 ЊААЊЎАЊЋЍ 2. Work Performance 75 ЏВАЌЏЎ 3. Capacity to Perform 45 ЍЍЌЏЌЎ Final Scores290266224 November,2017 Mr. Don Pennell Assistant Director of Public Works City of La Porte rd 2963 North 23 Street La Porte, Texas 77571 Re: Proposal for Engineering Services for Spencer Highway Fence and Sidewalk Project Dear Mr. Pennell: Cobb, Fendley & Associates, Inc. (CobbFendley) is pleased to submit this proposal to provide Professional Engineering Services along Spencer Highway in La Porte, Texas. CobbFendley proposes to provide the Scope of Services and Compensation as outlined in the attached Exhibit A. If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for our file. This proposal is void if not accepted within sixty days of the date hereon. The opportunity to propose professional survey and engineering service to the City of La Porte is appreciated and we look forward to serving you on this project. Please advise if you have any questions or require additional information. Sincerely, This proposal accepted by: COBB, FENDLEY & ASSOCIATES, INC. CITY OF LA PORTE, TEXAS CharlesEastland,Signature P.E.Principal Print Name Attachments Title Date of Authorization 1920 Country Place Parkway, Suite 310 | Pearland, Texas 77584 | office 281.993.4952 | fax 281.993.4952 | www.cobbfendley.com City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project EXHIBIT A SCOPE OF SERVICES & COMPENSATION Cobb, Fendley & Associates, Inc. Proposal for Professional Engineering Services for Spencer Highway Fence and Sidewalk Project Project/Limits The Spencer Highway Fence and Sidewalk Project includes the construction of new sidewalk on the south side of Spencer Highway from Underwood Road to Farrington Boulevard. The project also includes the construction new precast concrete fence on the north side of Spencer Highway from Valleybrook Drive to Farrington Boulevard and on the south side of Spencer Highway from Myrtle Creek Drive to Farrington Boulevard. General Cobb, Fendley & Associates, Inc. (CobbFendley) will perform professional engineering services as follows: provide topographic survey along Spencer Highway from Underwood Road to Farrington Boulevard and provide civil design drawings for construction. Sub Consultants CobbFendley shall subcontract any services not specifically offered by CobbFendley. It is not anticipated that any additional consultants will be used for this project. Construction Estimate The preliminary Opinion of Probable Construction Cost for this project are attached as Exhibit C. BASIC SERVICES CobbFendley will provide the following engineering services as part of its basic service. The specific items of service include: Preliminary Sidewalk Feasibility Design Phase Services: 1.Perform utility records research on existing underground utilities and overhead utilities within the project limits. 2.Investigate and determine the feasibility of constructing sidewalk on the south side of Spencer Highway. Determine utility conflicts with proposed sidewalk and provide options and costs associated with resolving these conflicts. Prepare preliminary schematic design of fence and sidewalk for approval and present these findings to City staff. Final Design Phase Services: 3.Provide final geometric design of the sidewalk and precast concrete fence. Submit plans for review at the 75% milestone. 4.Coordinate with and submit plans for review to Harris County Precinct 2. Page 1 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project 5.Provide construction plan drawings. The plans will include, at a minimum, the following: Cover SheetSurvey Control Map Overall Project LayoutTraffic Control Plan Tree Removal/DemolitionSidewalk and Concrete PlanFence Layout Typical Cross Sections General Notes and Details 6.Prepare contract bidding documents consisting of technical specifications and contract documents outlining the construction contract requirements. 7.Prepare a 90% submittal of the construction documents for review and comment. Once all comments are received by all entities involved, CobbFendley will finalize the construction documents for bidding. 8.Provide preliminary and final construction cost estimates. Bid Phase Services: 1.Distribute digital plans and specifications to City for placement in PublicPurchase.com. Address questions form potential bidders concerning the Project’s construction documents and prepare addendums as necessary. 2.Attend Pre-Bid and Bid Opening. 3.Evaluate bids and qualifications of the apparent low bidder and provide a recommendation of award letter. 4.Prepare and provide the City with three (3) sets of hard copy award documents and plans. Construction Administration: 1.Attend and conduct preconstruction conference. 2.Review and respond to all submittals and request for information (RFI’s) regarding the project improvements. Prepare change orders as necessary. 3.Attend and conduct substantial and final inspection of the project and prepare punch list as necessary. 4.Provide City with necessary close out documents, including as-builts of the project. Page 2 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project ADDITONAL SERVICES Surveying CobbFendley, as the project surveyor shall: 1.Establish horizontal and vertical project control throughout the site. Vertical control will be tied to current TSARP datum. 2.Perform a Category 6, Condition II topographical survey of the project area in accordancewith the requirements of the Texas Society of Professional Surveyors (TSPS) to locate existing utilities, appurtenances, trees and pavement providing cross sections of the following existing features: natural ground, concrete curbs and fences. Elevations will be obtained at a minimum of 100-ft intervals, back of curb to right-of-way on each side of Spencer Highway. Survey will occur on the south side of Spencer Highway from Underwood to Farrington. Survey will occur on the north side of Spencer Highway from the east bank of Big Island Slough to Farrington. 3.Perform a boundary survey of the project area in accordance with the requirements of the TSPS to locate existing right-of-way and property corners. 4.Prepare a survey drawing on a plan style sheet at a scale of 1”=20’ horizontally or at the direction of the engineer. The drawing will depict the obtained field information and any record information provided by outside sources. Public Meeting 1.Prepare a presentation or exhibits as needed for a City Council meeting and/or a public meeting. Attend and assist theCity with City Council and/or public meetings. Exclusions for the Scope of Services: The services described above are the identified BASIC AND ADDITIONAL SERVICES for this assignment. Other items that may arise during the course of the project that the City may wish to add to the scope of services shall be deemed as SUPPLEMENTAL ADDITIONAL SERVICES. CobbFendley shall undertake such supplemental additional services as assigned by the City upon written direction from the City. Examples of such items are as follows: 1.Construction Management and Inspection 2.Materials Testing Services 3.Obtaining ConstructionPermits Acquisition 4.Right-of-way 5.Bidding project more than once 6.Geotechnical Engineering Investigation Urban Forestry Services 7.– Tree Preservation Plan 8.Any other services not specifically included within the description of the Basic Services and Additional Services as described above. If supplemental services are requested by the City, CobbFendley will provide the City with a separate proposal for the supplemental work. Page 3 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project EXHIBIT B BASIS OF COMPENSATION BASIC SERVICES The Compensation to be paid to CobbFendley for providing the BASIC SERVICES rendered under this agreement shall be based on Lump sum fees for overall phases of the work as shown below. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. 1.PRELIMINARY FEASIBILITY DESIGN SERVICES (Lump Sum) .............. $12,850 2.FINAL DESIGN PHASE SERVICES (Lump Sum) ..................................... $51,400 3.BID PHASE SERVICES (Lump Sum) .......................................................... $4,050 4.CONSTRUCTION ADMINISTRATION (Lump Sum) .................................... $6,450 ADDITIONAL SERVICES 5.Surveying (Lump Sum) ............................................................................... $16,172 6.Public Meeting (Hourly) ................................................................................ $4,250 Reimbursable Expenses 1.Reproduction, mileage, delivery charges, etc. ............................................... $750 TOTAL, Basic & Additional Services incl. Reimbursables ............................... $95,922 ADDITIONAL SERVICES The Compensation to be paid to CobbFendley for providing any ADDITIONAL SERVICES under this agreement shall be based on the rate schedule included in the Agreement. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. Services will be charged according to those personnel directly involved in providing the service, and will be rounded to the nearest half hour. Lump sum fees will be negotiated for particular, defined assignments at the request of the City. When an occasion arises which the City desires to be covered by a lump sum fee, CobbFendley will negotiate an acceptable fee with the City and prepare an addendum to this Agreement which describes the scope of services to be provided and the fee. The addendum will be effective only after its signature by both parties. Direct Personnel Expense means salaries and wages paid to CobbFendley’s employees plus payroll related costs and benefits such as payroll taxes, worker’s compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable hereto. Reimbursable Direct Expenses shall be those costs incurred on or directly for the CLIENT’S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. Page 4 of 4 EXHIBIT C - PRECAST CONCRETE FENCE Client: City of La Porte Project Name: Spencer Highway Fence and Sidewalk Project Date: 11/29/17 Opinion of Probable Construction Cost Item Item DescriptionUnitQuantityUnit PriceExtended Price No. BASE BID SECTION 1 - GENERAL ITEMS 1 Mobilization (No Greater Than 5% of Total Bid)LS1 $ 20,000.00 20,000.00$ Traffic Control and Regulation, in Accordance with 2 LS1 $ 4,000.00 4,000.00$ Drawings and Specifications Erosion/Sediment Control in Accordance with TPDES 3 LS1$ 1,000.001,000.00$ Requirements, Including Notice of Intent (NOI) and Notice of Termination (NOT) Tree and Plant Protection, Including Tree and Stump 4 LS110,000.00$ 10,000.00$ Removal, Root Pruning 5 A2$ 400.00$800.00 Adjust Valve or Manhole Rim to GradeE 6 Block SoddingSY1400$ 5.00$7,000.00 7 LF5560$ 5.00$27,800.00 Remove and Dispose of Existing Fence (All Types) SUBTOTAL SECTION 1 $70,600.00 SECTION 2 - SIDEWALK AND FENCING 8 4-Inch Concrete SidewalkSF21,125$105,625.00 $ 5.00 9 Concrete Ramps, All Types EA7$ 1,250.00$8,750.00 10 Precast Concrete Fence (8-feet)LF5,560$639,400.00 $ 115.00 SUBTOTAL SECTION 2 $753,775.00 TOTAL SECTIONS 1-2 $ 824,375.00 10% CONTINGENCY $82,437.50 TOTAL BASE BID PRICE $ 906,812.50 D:\\Municipal\\Proposals\\Spencer Fence and Sidewalk\\Cost Estimate.xlsSpencer Survey Department Cost Estimate Worksheet (2017 Rates) Date--17 Proposal NumberP-2017-1211 Project Number LocationSpencer Highway La Porte Type of projectTopo & Row ClientJason 2017 CFA Billing Rates Labor/StaffEstimated Staff TypeCodeBilling Rate/hrHoursCost Project Manager0340$210.00$0.00 LSLS3950$225.00$0.00 RPLS1650$160.006$960.00 Technician lllT340$120.0028$3,360.00 Technician llT240$110.00$0.00 Technician lT140$90.008$720.00 4-Man Field Crew6010$180.00$0.00 3-Man Field Crew1410$160.0056$8,960.00 2-Man Field Crew1510$140.00$0.00 Abstractor1290$120.00$0.00 GPS Technician7250$110.0015$1,650.00 GPS Receivern/a$37.006$222.00 Expenses, deed copies, plats, mileage, etc.$300.00 Totals119$16,172.00 TOPOGRAPHICALSURVEYLIMITS ENDNORTH SURVEY BEGINNORTH SURVEY ENDSOUTH SURVEY BEGINSOUTH SURVEY November,2017 Mr. Don Pennell Assistant Director of Public Works City of La Porte rd 2963 North 23 Street La Porte, Texas 77571 Re: Proposal for Engineering Services for Spencer Highway Fence and Sidewalk Project Dear Mr. Pennell: Cobb, Fendley & Associates, Inc. (CobbFendley) is pleased to submit this proposal to provide Professional Engineering Services along Spencer Highway in La Porte, Texas. CobbFendley proposes to provide the Scope of Services and Compensation as outlined in the attached Exhibit A. If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for our file. This proposal is void if not accepted within sixty days of the date hereon. The opportunity to propose professional survey and engineering service to the City of La Porte is appreciated and we look forward to serving you on this project. Please advise if you have any questions or require additional information. Sincerely, This proposal accepted by: COBB, FENDLEY & ASSOCIATES, INC. CITY OF LA PORTE, TEXAS CharlesEastland,Signature P.E.Principal Print Name Attachments Title Date of Authorization 1920 Country Place Parkway, Suite 310 | Pearland, Texas 77584 | office 281.993.4952 | fax 281.993.4952 | www.cobbfendley.com City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project EXHIBIT A SCOPE OF SERVICES & COMPENSATION Cobb, Fendley & Associates, Inc. Proposal for Professional Engineering Services for Spencer Highway Fence and Sidewalk Project Project/Limits The Spencer Highway Fence and Sidewalk Project includesthe construction of new sidewalk onthe south side of Spencer Highway from Underwood Road to Farrington Boulevard. The projectalso includes the construction new fenceon the north sideof SpencerHighway fromValleybrook Drive to FarringtonBoulevard and on the southside of Spencer Highway fromMyrtle Creek Drive to Farrington Boulevard. General Cobb, Fendley & Associates, Inc. (CobbFendley) will perform professional engineering services as follows: provide topographic survey along Spencer Highway from Underwood Road to Farrington Boulevard and provide civil design drawings for construction. Sub Consultants CobbFendley shall subcontract any services not specifically offered by CobbFendley. It is not anticipated that any additional consultants will be used for this project. Construction Estimate The preliminary Opinion of Probable Construction Cost for this project are attached as Exhibit C. BASIC SERVICES CobbFendley will provide the following engineering services as part of its basic service. The specific items of service include: Preliminary Sidewalk Feasibility Design Phase Services: 1.Perform utility records research on existing underground utilities and overhead utilities within the project limits. 2.Investigate and determine the feasibility of constructing sidewalk on the south side of Spencer Highway. Determine utility conflicts with proposed sidewalk and provide options and costs associated with resolving these conflicts. Prepare preliminary schematic design of fence and sidewalk for approval and present these findings to City staff. Final Design Phase Services: 3.Provide final geometric design of thesidewalk and fence.Submit plans for review at the 75%milestone. 4.Coordinate with and submit plans for review to Harris County Precinct 2. Page 1 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project 5.Provide construction plan drawings. The plans will include, at a minimum, the following: Cover SheetSurvey Control Map Overall Project LayoutTraffic Control Plan Tree Removal/DemolitionSidewalk and Concrete PlanFence Layout Typical Cross Sections General Notes and Details 6.Prepare contract bidding documents consisting of technical specifications and contract documents outlining the construction contract requirements. 7.Prepare a 90% submittal of the construction documents for review and comment. Once all comments are received by all entities involved, CobbFendley will finalize the construction documents for bidding. 8.Provide preliminary and final construction cost estimates. Bid Phase Services: 1.Distribute digital plans and specifications to City for placement in PublicPurchase.com. Address questions form potential bidders concerning the Project’s construction documents and prepare addendums as necessary. 2.Attend Pre-Bid and Bid Opening. 3.Evaluate bids and qualifications of the apparent low bidder and provide a recommendation of award letter. 4.Prepare and provide the City with three (3) sets of hard copy award documents and plans. Construction Administration: 1.Attend and conduct preconstruction conference. 2.Review and respond to all submittals and request for information (RFI’s) regarding the project improvements. Prepare change orders as necessary. 3.Attend and conduct substantial and final inspection of the project and prepare punch list as necessary. 4.Provide City with necessary close out documents, including as-builts of the project. Page 2 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project ADDITONAL SERVICES Surveying CobbFendley, as the project surveyor shall: 1.Establish horizontal and vertical project control throughout the site. Vertical control will be tied to current TSARP datum. 2.Perform a Category 6, Condition II topographical survey of the project area in accordancewith the requirements of the Texas Society of Professional Surveyors (TSPS) to locate existing utilities, appurtenances, trees and pavement providing cross sections of the following existing features: natural ground, concrete curbs and fences. Elevations will be obtained at a minimum of 100-ft intervals, back of curb to right-of-way on each side of Spencer Highway. Survey will occur on the south side of Spencer Highway from Underwood to Farrington. Survey will occur on the north side of Spencer Highway from the east bank of Big Island Slough to Farrington. 3.Perform a boundary survey of the project area in accordance with the requirements of the TSPS to locate existing right-of-way and property corners. 4.Prepare a survey drawing on a plan style sheet at a scale of 1”=20’ horizontally or at the direction of the engineer. The drawing will depict the obtained field information and any record information provided by outside sources. Public Meeting 1.Prepare a presentation or exhibits as needed for a City Council meeting and/or a public meeting. Attend and assist theCity with City Council and/or public meetings. Exclusions for the Scope of Services: The services described above are the identified BASIC AND ADDITIONAL SERVICES for this assignment. Other items that may arise during the course of the project that the City may wish to add to the scope of services shall be deemed as SUPPLEMENTAL ADDITIONAL SERVICES. CobbFendley shall undertake such supplemental additional services as assigned by the City upon written direction from the City. Examples of such items are as follows: 1.Construction Management and Inspection 2.Materials Testing Services 3.Obtaining ConstructionPermits Acquisition 4.Right-of-way 5.Bidding project more than once 6.Geotechnical Engineering Investigation Urban Forestry Services 7.– Tree Preservation Plan 8.Any other services not specifically included within the description of the Basic Services and Additional Services as described above. If supplemental services are requested by the City, CobbFendley will provide the City with a separate proposal for the supplemental work. Page 3 of 4 City of La Porte, 2017 Spencer Highway Fence and Sidewalk Project EXHIBIT B BASIS OF COMPENSATION BASIC SERVICES The Compensation to be paid to CobbFendley for providing the BASIC SERVICES rendered under this agreement shall be based on Lump sum fees for overall phases of the work as shown below. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. 1.PRELIMINARY FEASIBILITY DESIGN SERVICES (Lump Sum)..............$1 2.FINAL DESIGN PHASESERVICES(Lump Sum).....................................$ 3.BID PHASE SERVICES (Lump Sum) .......................................................... $4,050 4.CONSTRUCTION ADMINISTRATION (Lump Sum) .................................... $6,450 ADDITIONAL SERVICES 5.Surveying (Lump Sum) ............................................................................... $16,172 6.Public Meeting (Hourly) ................................................................................ $4,250 Reimbursable Expenses 1.Reproduction, mileage, delivery charges, etc. ............................................... $750 TOTAL, Basic & Additional Services incl. Reimbursables.............................$ ADDITIONAL SERVICES The Compensation to be paid to CobbFendley for providing any ADDITIONAL SERVICES under this agreement shall be based on the rate schedule included in the Agreement. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. Services will be charged according to those personnel directly involved in providing the service, and will be rounded to the nearest half hour. Lump sum fees will be negotiated for particular, defined assignments at the request of the City. When an occasion arises which the City desires to be covered by a lump sum fee, CobbFendley will negotiate an acceptable fee with the City and prepare an addendum to this Agreement which describes the scope of services to be provided and the fee. The addendum will be effective only after its signature by both parties. Direct Personnel Expense means salaries and wages paid to CobbFendley’s employees plus payroll related costs and benefits such as payroll taxes, worker’s compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable hereto. Reimbursable Direct Expenses shall be those costs incurred on or directly for the CLIENT’S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. Page 4 of 4 EXHIBIT C - SINGLE WYTHE BRICK FENCE Client: City of La Porte Project Name: Spencer Highway Fence and Sidewalk Project Date: 11/29/17 Opinion of Probable Construction Cost Item Item DescriptionUnitQuantityUnit PriceExtended Price No. BASE BID SECTION 1 - GENERAL ITEMS 1 Mobilization (No Greater Than 5% of Total Bid)LS1 $ 20,000.00 20,000.00$ Traffic Control and Regulation, in Accordance with 2 LS1 $ 4,000.00 4,000.00$ Drawings and Specifications Erosion/Sediment Control in Accordance with TPDES 3 LS11,000.00$ 1,000.00$ Requirements, Including Notice of Intent (NOI) and Notice of Termination (NOT) Tree and Plant Protection, Including Tree and Stump 4 LS110,000.00$ 10,000.00$ Removal, Root Pruning 5 A2400.00$ 800.00$ Adjust Valve or Manhole Rim to GradeE 6 Block SoddingSY14005.00$ 7,000.00$ 7 LF55605.00$ 27,800.00$ Remove and Dispose of Existing Fence (All Types) SUBTOTAL SECTION 1 $ 70,600.00 SECTION 2 - SIDEWALK AND FENCING 8 4-Inch Concrete SidewalkSF21,125$ 105,625.00 $ 5.00 9 Concrete Ramps, All Types EA7$ 1,250.00$ 8,750.00 10 Single Wythe Brick Fence (8-feet)LF5,560$ 806,200.00 $ 145.00 SUBTOTAL SECTION 2 $ 920,575.00 TOTAL SECTIONS 1-2 $ 991,175.00 10% CONTINGENCY $ 99,117.50 TOTAL BASE BID PRICE $ 1,090,292.50 D:\\Municipal\\Proposals\\Spencer Fence and Sidewalk\\Cost Estimate.xlsSpencer Brick Survey Department Cost Estimate Worksheet (2017 Rates) Date2--17 Proposal NumberP-2017-1211 Project Number LocationSpencer Highway La Porte Type of projectTopo & Row ClientJason 2017 CFA Billing Rates Labor/StaffEstimated Staff TypeCodeBilling Rate/hrHoursCost Project Manager0340$210.00$0.00 LSLS3950$225.00$0.00 RPLS1650$160.006$960.00 Technician lllT340$120.0028$3,360.00 Technician llT240$110.00$0.00 Technician lT140$90.008$720.00 4-Man Field Crew6010$180.00$0.00 3-Man Field Crew1410$160.0056$8,960.00 2-Man Field Crew1510$140.00$0.00 Abstractor1290$120.00$0.00 GPS Technician7250$110.0015$1,650.00 GPS Receivern/a$37.006$222.00 Expenses, deed copies, plats, mileage, etc.$300.00 Totals119$16,172.00 TOPOGRAPHICALSURVEYLIMITS ENDNORTH SURVEY BEGINNORTH SURVEY ENDSOUTH SURVEY BEGINSOUTH SURVEY November,2017 Mr. Don Pennell Assistant Director of Public Works City of La Porte rd 2963 North 23 Street La Porte, Texas 77571 Re: Proposal for Engineering Services for Spencer Highway Fence and Sidewalk Project Dear Mr. Pennell: Cobb, Fendley & Associates, Inc. (CobbFendley) is pleased to submit this proposal to provide Professional Engineering Services along Spencer Highway in La Porte, Texas. CobbFendley proposes to provide the Scope of Services and Compensation as outlined in the attached Exhibit A. If this proposal is agreeable to you, please indicate your acceptance by signing in the space provided below and return one copy to us for our file. This proposal is void if not accepted within sixty days of the date hereon. The opportunity to propose professional survey and engineering service to the City of La Porte is appreciated and we look forward to serving you on this project. Please advise if you have any questions or require additional information. Sincerely, This proposal accepted by: COBB, FENDLEY & ASSOCIATES, INC. CITY OF LA PORTE, TEXAS CharlesEastland,Signature P.E.Principal Print Name Attachments Title Date of Authorization 1920 Country Place Parkway, Suite 310 | Pearland, Texas 77584 | office 281.993.4952 | fax 281.993.4952 | www.cobbfendley.com City of La PorteNovember,2017 Spencer Highway Fence and Sidewalk Project EXHIBIT A SCOPE OF SERVICES & COMPENSATION Cobb, Fendley & Associates, Inc. Proposal for Professional Engineering Services for Spencer Highway Fence and Sidewalk Project Project/Limits The Spencer Highway Fence and Sidewalk Project includes the construction of new sidewalk on the south side of Spencer Highway from Underwood Road to Farrington Boulevard. The project also includes the construction of a new 8-foot cedar fence on the north side of Spencer Highway from Valleybrook Drive to Farrington Boulevard and on the south side of Spencer Highway from Myrtle Creek Drive to Farrington Boulevard. General Cobb, Fendley & Associates, Inc. (CobbFendley) will perform professional engineering services as follows: provide topographic survey along Spencer Highway from Underwood Road to Farrington Boulevard and provide civil design drawings for construction. Sub Consultants CobbFendley shall subcontract any services not specifically offered by CobbFendley. It is not anticipated that any additional consultants will be used for this project. Construction Estimate The preliminary Opinion of Probable Construction Cost for this project are attached as Exhibit C. BASIC SERVICES CobbFendley will provide the following engineering services as part of its basic service. The specific items of service include: Preliminary Sidewalk Feasibility Design Phase Services: 1.Perform utility records research on existing underground utilities and overhead utilities within the project limits. 2.Investigate and determine the feasibility of constructing sidewalk on the south side of Spencer Highway. Determine utility conflicts with proposed sidewalk and provide options and costs associated with resolving these conflicts. Prepare preliminary schematic design of fence and sidewalk for approval and present these findings to City staff. Final Design Phase Services: 3.Provide final geometric design of the sidewalk and precast concrete fence. Submit plans for review at the 75% milestone. 4.Coordinate with and submit plans for review to Harris County Precinct 2. Page 1 of 4 City of La PorteNovember,2017 Spencer Highway Fence and Sidewalk Project 5.Provide construction plan drawings. The plans will include, at a minimum, the following: Cover SheetSurvey Control Map Overall Project LayoutTraffic Control Plan Tree Removal/DemolitionSidewalk and Concrete PlanFence Layout Typical Cross Sections General Notes and Details 6.Prepare contract bidding documents consisting of technical specifications and contract documents outlining the construction contract requirements. 7.Prepare a 90% submittal of the construction documents for review and comment. Once all comments are received by all entities involved, CobbFendley will finalize the construction documents for bidding. 8.Provide preliminary and final construction cost estimates. Bid Phase Services: 1.Distribute digital plans and specifications to City for placement in PublicPurchase.com. Address questions form potential bidders concerning the Project’s construction documents and prepare addendums as necessary. 2.Attend Pre-Bid and Bid Opening. 3.Evaluate bids and qualifications of the apparent low bidder and provide a recommendation of award letter. 4.Prepare and provide the City with three (3) sets of hard copy award documents and plans. Construction Administration: 1.Attend and conduct preconstruction conference. 2.Review and respond to all submittals and request for information (RFI’s) regarding the project improvements. Prepare change orders as necessary. 3.Attend and conduct substantial and final inspection of the project and prepare punch list as necessary. 4.Provide City with necessary close out documents, including as-builts of the project. Page 2 of 4 City of La PorteNovember,2017 Spencer Highway Fence and Sidewalk Project ADDITONAL SERVICES Surveying CobbFendley, as the project surveyor shall: 1.Establish horizontal and vertical project control throughout the site. Vertical control will be tied to current TSARP datum. 2.Perform a Category 6, Condition II topographical survey of the project area in accordancewith the requirements of the Texas Society of Professional Surveyors (TSPS) to locate existing utilities, appurtenances, trees and pavement providing cross sections of the following existing features: natural ground, concrete curbs and fences. Elevations will be obtained at a minimum of 100-ft intervals, back of curb to right-of-way on each side of Spencer Highway. Survey will occur on the south side of Spencer Highway from Underwood to Farrington. Survey will occur on the north side of Spencer Highway from the east bank of Big Island Slough to Farrington. 3.Perform a boundary survey of the project area in accordance with the requirements of the TSPS to locate existing right-of-way and property corners. 4.Prepare a survey drawing on a plan style sheet at a scale of 1”=20’ horizontally or at the direction of the engineer. The drawing will depict the obtained field information and any record information provided by outside sources. Public Meeting 1.Prepare a presentation or exhibits as needed for a City Council meeting and/or a public meeting. Attend and assist theCity with City Council and/or public meetings. Exclusions for the Scope of Services: The services described above are the identified BASIC AND ADDITIONAL SERVICES for this assignment. Other items that may arise during the course of the project that the City may wish to add to the scope of services shall be deemed as SUPPLEMENTAL ADDITIONAL SERVICES. CobbFendley shall undertake such supplemental additional services as assigned by the City upon written direction from the City. Examples of such items are as follows: 1.Construction Management and Inspection 2.Materials Testing Services 3.Obtaining ConstructionPermits Acquisition 4.Right-of-way 5.Bidding project more than once 6.Geotechnical Engineering Investigation Urban Forestry Services 7.– Tree Preservation Plan 8.Any other services not specifically included within the description of the Basic Services and Additional Services as described above. If supplemental services are requested by the City, CobbFendley will provide the City with a separate proposal for the supplemental work. Page 3 of 4 City of La PorteNovember,2017 Spencer Highway Fence and Sidewalk Project EXHIBIT B BASIS OF COMPENSATION BASIC SERVICES The Compensation to be paid to CobbFendley for providing the BASIC SERVICES rendered under this agreement shall be based on Lump sum fees for overall phases of the work as shown below. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. 1.PRELIMINARY FEASIBILITY DESIGN SERVICES (Lump Sum) .............. $12,850 2.FINAL DESIGN PHASE SERVICES (Lump Sum) ..................................... $35,495 3.BID PHASE SERVICES (Lump Sum) .......................................................... $4,050 4.CONSTRUCTION ADMINISTRATION (Lump Sum) .................................... $6,450 ADDITIONAL SERVICES 5.Surveying (Lump Sum) ............................................................................... $16,172 6.Public Meeting (Hourly) ................................................................................ $4,250 Reimbursable Expenses 1.Reproduction, mileage, delivery charges, etc. ............................................... $750 TOTAL, Basic & Additional Services incl. Reimbursables ............................... $80,017 ADDITIONAL SERVICES The Compensation to be paid to CobbFendley for providing any ADDITIONAL SERVICES under this agreement shall be based on the rate schedule included in the Agreement. Reimbursable items and subconsultant invoices will be subject to a 10% administration charge. Services will be charged according to those personnel directly involved in providing the service, and will be rounded to the nearest half hour. Lump sum fees will be negotiated for particular, defined assignments at the request of the City. When an occasion arises which the City desires to be covered by a lump sum fee, CobbFendley will negotiate an acceptable fee with the City and prepare an addendum to this Agreement which describes the scope of services to be provided and the fee. The addendum will be effective only after its signature by both parties. Direct Personnel Expense means salaries and wages paid to CobbFendley’s employees plus payroll related costs and benefits such as payroll taxes, worker’s compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable hereto. Reimbursable Direct Expenses shall be those costs incurred on or directly for the CLIENT’S project, including but not limited to necessary transportation costs including mileage at the current IRS rate, meals and lodging, laboratory tests and analyses, and printing and binding charges. Page 4 of 4 EXHIBIT C - CEDAR FENCE Client: City of La Porte Project Name: Spencer Highway Fence and Sidewalk Project Date: 11/29/17 Opinion of Probable Construction Cost Item Item DescriptionUnitQuantityUnit PriceExtended Price No. BASE BID SECTION 1 - GENERAL ITEMS 1 Mobilization (No Greater Than 5% of Total Bid)LS1 $ 20,000.00 20,000.00$ Traffic Control and Regulation, in Accordance with 2 LS1 $ 4,000.00 4,000.00$ Drawings and Specifications Erosion/Sediment Control in Accordance with TPDES 3 LS1$ 1,000.001,000.00$ Requirements, Including Notice of Intent (NOI) and Notice of Termination (NOT) Tree and Plant Protection, Including Tree and Stump 4 LS110,000.00$ 10,000.00$ Removal, Root Pruning 5 A2$ 400.00$800.00 Adjust Valve or Manhole Rim to GradeE 6 Block SoddingSY1400$ 5.00$7,000.00 7 LF5560$ 5.00$27,800.00 Remove and Dispose of Existing Fence (All Types) SUBTOTAL SECTION 1 $70,600.00 SECTION 2 - SIDEWALK AND FENCING 8 4-Inch Concrete SidewalkSF21,125$105,625.00 $ 5.00 9 Concrete Ramps, All Types EA7$ 1,250.00$8,750.00 Cedar Fence (8-feet, 3 rail, running board, capped, incl. tie- 10 LF5,560$ 50.00$278,000.00 ins) SUBTOTAL SECTION 2 $392,375.00 TOTAL SECTIONS 1-2 $ 462,975.00 10% CONTINGENCY $46,297.50 TOTAL BASE BID PRICE $ 509,272.50 D:\\Municipal\\Proposals\\Spencer Fence and Sidewalk\\Cost Estimate.xlsSpencer Cedar Survey Department Cost Estimate Worksheet (2017 Rates) Date2--17 Proposal NumberP-2017-1211 Project Number LocationSpencer Highway La Porte Type of projectTopo & Row ClientJason 2017 CFA Billing Rates Labor/StaffEstimated Staff TypeCodeBilling Rate/hrHoursCost Project Manager0340$210.00$0.00 LSLS3950$225.00$0.00 RPLS1650$160.006$960.00 Technician lllT340$120.0028$3,360.00 Technician llT240$110.00$0.00 Technician lT140$90.008$720.00 4-Man Field Crew6010$180.00$0.00 3-Man Field Crew1410$160.0056$8,960.00 2-Man Field Crew1510$140.00$0.00 Abstractor1290$120.00$0.00 GPS Technician7250$110.0015$1,650.00 GPS Receivern/a$37.006$222.00 Expenses, deed copies, plats, mileage, etc.$300.00 Totals119$16,172.00 TOPOGRAPHICALSURVEYLIMITS ENDNORTH SURVEY BEGINNORTH SURVEY ENDSOUTH SURVEY BEGINSOUTH SURVEY ORDINANCE NO. 2018-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE CEDAR AVENUE RIGHT-OF-WAY LOCATED IN BLOCK 17 OF THE SYLVAN BEACH SUBDIVISION AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the hereinafter described portion of the Cedar Avenue right-of-way located within Block 17 of the Sylvan Beach First Subdivision, to vacate, abandon and close said portion of the Cedar Avenue right-of-way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the hereinafter described portion of the Cedar Avenue right-of-way, located within Block 17 of the Sylvan Beach First Subdivision is hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being incorporated herein, and further described to wit: Being a 12,000 square foot tract of land located within Block 17 of the Sylvan Beach Subdivision, being more particularly described by metes and bounds as follows: 2 BEGINNING Sylvan Beach First Subdivision in Harris County, Texas, shown by plat or map recorded in Vol. 3, Pg. 72 Map Records of Harris County, Texas, said point being in the Northerly line of Cedar Ave.; THENCE, South 22 deg. 43 min. 10 sec. West, through Cedar Ave., 80.00 feet to a point for corner in the Southerly line of Cedar Ave.; THENCE, North 68 deg. 24 min. 34 sec. West in a Southerly line of Cedar Ave., 150.62 feet to a point for corner in same; THENCE, North 22 deg. 43 min. 10 sec. East, through Cedar Ave., 80.00 feet to a iron rod found for the Southwest corner of Lot 3, Block 17 of said Sylvan Beach First Subdivision; THENCE, South 68 deg. 24 min. 34 sec. East, with the Southerly line of Lots 3, 2, and 1, and with the Northerly line of Cedar Ave., 150.62 feet to the POINT OF BEGINNING. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon this street segment, plus compensation for the market value of the abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. 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 was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during CEDARE AVE. B 17 SYLVAN BEACH R.O.W To Be Closed Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 70 feet DECEMBER 2017 PLANNING DEPARTMENT DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: __________________, 2018 Grantor: City of La Porte, Texas, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Lalia Enriquez Gutierrez Mailing Address: 3938 W. Alabama St. Apt. 5 Houston, TX 77027 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a 12,000 square foot tract of land located within Block 17 of the Sylvan Beach Subdivision, being more particularly described by metes and bounds as follows: BEGINNING of Block 17 of the Sylvan Beach First Subdivision in Harris County, Texas, shown by plat or map recorded in Vol. 3, Pg. 72 Map Records of Harris County, Texas, said point being in the Northerly line of Cedar Ave.; THENCE, South 22 deg. 43 min. 10 sec. West, through Cedar Ave., 80.00 feet to a point for corner in the Southerly line of Cedar Ave.; THENCE, North 68 deg. 24 min. 34 sec. West in a Southerly line of Cedar Ave., 150.62 feet to a point for corner in same; THENCE, North 22 deg. 43 min. 10 sec. East, through Cedar Ave., 80.00 feet to a iron rod found for the Southwest corner of Lot 3, Block 17 of said Sylvan Beach First Subdivision; THENCE, South 68 deg. 24 min. 34 sec. East, with the Southerly line of Lots 3, 2, and 1, and with the Northerly line of Cedar Ave., 150.62 feet to the POINT OF BEGINNING. of the herein described tract, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2018-_______ passed and approved by the City Council of the City of La Porte on the ______ day of _____________, 2018. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas __________________________________ By:_______________________________ Patrice Fogarty Corby D. Alexander City Secretary City Manager Approved: ____________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of ______________, 2018, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 November 8, 2017 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Appraisal regarding the estimated Market Value of a portion of Cedar Avenue right of way, Town of La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as approximately 12,000 square feet tract of land out of a portion of Cedar Avenue right of way adjacent to Lots 1, 2, & 3 of Block 17, Town of the Sylvan Beach First Subdivision, Harris County, Texas. (See survey as provided). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. .....Page 2 Continued...... Sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. The subject's market area generally has access public utilities. The subject site is a rectangular shaped tract land. The subject's site size is reported at 12,000 square feet (0' X 10') per the metes and bounds description as provided. The subject site appears to be partially affected by its proximity to Little Cedar Bayou and is located in the 100 year flood plain. The Highest and Best Use of the subject property is determined to be for use a street right of way or for use by adjacent property owners due to its configuration. Adjacent and nearby property uses on the north and east boundaries of the subject property are single family detached houses. A small motel/apartment project lies to the west and unimproved property lies to the south. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client and intended user only. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal and inspection is October 17, 2017. The date of the report is November 8, 2017. The estimated exposure time is up to 24 months. A unit value range of between $1.00 PSF to $3.00 PSF was noted from the comparable lot sales before any adjustments were made. All of the comparable lot sales were unimproved or effectively unimproved lots with existing road frontage and access on paved public streets which were generally superior to the subject tract. After adjustments, it is my opinion the estimated unit value range for the subject property would be between $1.50 PSF to $2.00 PSF with an estimated mid-range value of $1.75 PSF before any additional discounting by the City. Therefore the unit market value of the subject tract is estimated at $1.75 PSF which is based on 100% fee simple ownership with no discounting applied. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES , INC. CEDARE AVE. B 17 SYLVAN BEACH R.O.W To Be Closed Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 70 feet DECEMBER 2017 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January 8, 2017 Source of Funds: N/A Requested By: Ray Nolen Account Number: Department: EMS Amount Budgeted: Report: Resolution: Ordinance: Amount Requested: Exhibits: Copy of ABC Contract Budgeted Item: YES NO Exhibits: Exhibit A – ABC Area Map Exhibits: _____________________________________ SUMMARY & RECOMMENDATION Contract renewal between the City of La Porte EMS and the Association of Bayport Companies (ABC) for Emergency Medical Service for a period of thirty-six (36) months. Bayport Industrial District is the area located south of Fairmont Pkwy with area boundaries depicted in map labeled – Exhibit A. The attached 2017-20 contract is calculated at a rate of $29.37 per employee, per year. This is an increase of $1.94 per employee per year over the previous period’s negotiated contract rate. The total contract amount invoiced will be based on an Average Daily Population at each company. Companies that elect to not participate in the contract will be assessed a $5000 per response Non-Member fee. The contract will expire on September 30, 2020. Contract History: The Bayport Industrial District occupies the unincorporated area south of Fairmont Parkway mostly between the Union Pacific Railroad just west of Hwy 146 and Red Bluff Rd. with a small portion located east of Hwy 146 on Port Road. The City of La Porte began entering into a contract for fee based EMS coverage for this area in 1984 due to La Porte being the closest EMS resource to the area. In June of 2008, the City Council approved a Non-Member fee in the amount of $1,500 per response in addition to any patient billing for companies electing to not remit their contract fees to the City for EMS service. In June of 2017, City Council approved an increase in the Non-Member fee from $1,500 per response to $5,000 per response for companies choosing to not remit EMS contract fees and subsequently needing an EMS response. EMS contract fees are based on the following customary formula: Total EMS operating budget divided by the current La Porte population equals the per capita fee. A 10% administrative fee is then added to the per capita fee along with any associated Capital Improvement Project fees that are divided out over a specified time period and include an additional 10% administrative fee. This fee is then divided by 3 due to the average worker only being present at work a third of the day. Contractual History: FY2014-15 2015-16 2016-17 # 911 Responses 102 87 80* #Members 53 49 45 # Non-Member’s 62 69 74 Contract Revenue $163,729 $154,238 $112,613 Patient Revenue $40,701 $24,575 $26,000 * Total Revenue $204,430 $178,813 $138,613 * Estimated due to EMS billing software change still not complete. EMS has an average transport rate of 50% and only charges for patients that are transported or treated above and beyond a set of vitals and any needed bandaging and splinting. Recommend that council approve the City Manager to execute the submitted contract for providing Emergency Medical Service to the companies and area located within the Bayport Industrial District. Action Required by Council: Consider approval or other action authorizing the City Manager to execute a Contract with the companies and area located within the Bayport Industrial District for the City of La Porte EMS. Approved for City Council Agenda Corby D. Alexander, City Manager Date The City of La Porte Bayport Industrial District EMS Service Area Map 2018 LN ERY OM NTG MO CATLETT LN BELF AST RD La Porte City Limits CE IAN DEF La Porte EMS Service Area DR ITE SQU ME Bayport Industrial District Bayport ETJ South La Porte Industrial District The City of Pasadena DE ECA W D NE BAY HARBOR Galveston Bay DEL SAN ER UNIP J VE RY A KBER HAC R DE D YSI Bayport Industrial District BA La Porte Industrial District N COUNTRY CLUB DR Shore Acres NY DR Y COLO BA ´ 00.512Miles Source: The City of La Porte- GIS Divison and EMS December 2017