HomeMy WebLinkAbout08-27-18 Regular Meeting of the La Porte City Council
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Bianca joined the City of La Porte team in June of 2015 as a Customer Service Assistant in the
Parks Department. In August of 2016 she was promoted to Recreation Center Specialist and
en consistently above
average and she is always willing to go above and beyond to serve her customers.
In her role, Bianca supports the Marketing and Special Events Coordinator in planning,
advertising, and delivering community events. When that Coordinator position was vacant
recently, Bianca stepped up to the plate and took on additional responsibilities. She played a
lead role in successful events like Airing of the Quilts, the Triathlon, and the Battleship
Promotional Booth. She also played a lead role
-initiated work in designing social media and newspaper ads and
updating the City website were very impactful.
Bianca additionally stepped up when the City had a Shelter in Place event. Bianca is not part of
the formal EOC response team, but she was contacted and immediately left the family event
she was attending to come help. Emergency Management Coordinator Kristen Gauthier sent
, I want to thank you for sending Bianca
thankful to have her there. Social media and the website are two pieces that are difficult to
manage when something like this happens, and she immediately helped us get a handle on
in her role, and her willingness and ability to step up
when needed are incredible assets to the City and the La Porte community. Please join me in
congratulating her on being recognized as our Employee of the Quarter.
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilmember District 3
JOHN ZEMANEK
KRISTIN MARTIN
Councilmember At Large A
Councilmember District 4
DOTTIE KAMINSKI
JAY MARTIN
Councilmember At Large B
Councilmember District 5
DANNY EARP
NANCY OJEDA
Councilmember District 1
Councilmember District 6
CHUCK ENGELKEN Mayor Pro-Tem
Councilmember District 2
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE CITY COUNCIL CONVENING ON
AUGUST 13, 2018, AND CONCLUDING ON AUGUST 14, 2018
The City Council of the City of La Porte met in a regular meeting on Monday, August 13, 2018, and
concluded said meeting on Tuesday, August 14, 2018, at the City Hall Council Chambers, 604 West
Fairmont Parkway, La Porte, Texas, beginning each evening 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., on Monday, August 13,
2018. Members of Council present: Councilmembers Ojeda, J. Martin, K. Martin, Engelken,
Bentley, Zemanek, Kaminski and Earp. Also present were City Secretary Patrice Fogarty and City
Manager Corby Alexander.
2. INVOCATION The invocation was given by Assistant City Attorney Clark Askins.
3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Bill Bentley.
4. PUBLIC COMMENTS (Limited to five minutes per person.)
Chuck Rosa, 812 S. Virginia St., addressed Council and commented on the vehicle citations written
by the Police Department; he is pro trucking industry.
Jeff Martin, 3118 Silver Spring Dr., addressed Council on behalf of the Board of Directors of the
La Porte Bayshore Chamber of Commerce, and thanked City Council and Staff for their support.
Bill Scott, 1722 Lomax School Rd., addressed Council regarding lowering tax rates in the City.
Steve Gillett, 2601 S. Broadway, addressed Council and commented he is pleased with the current
tax rate and services of the City.
5. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be
enacted by one motion. There will be no separate discussion of these items unless a
Councilmember requests an item be removed and considered separately.)
(a) Consider approval or other action regarding the minutes of the Council Meeting held on
July 23, 2018 P. Fogarty
(b) Consider approval or other action authorizing the City of La Porte Mayor to sign a thirty-six
(36) month economic development services agreement with the Economic Alliance Houston
Port Region beginning July 1, 2018 and ending June 30, 2021 J. Weeks
Page 1 of 6
August 13-14, 2018, Council Meeting Minutes
(c)Consider approval or other action regarding an Interlocal Agreement between the City of
La Porte and San Jacinto Community College District for use of backup facilities during an
emergency or disaster K. Gauthier
Councilmembers Zemanek and Ojeda had questions on Item B. Assistant City Manager Jason
would provide the individual appointed as designee and the process of appointment to the
Economic Alliance Houston Port Region.
Councilmember Engelken made a motion to approve Consent Agenda Items pursuant to staff
recommendations. Councilmember Jay Martin seconded the motion. MOTION PASSED
UNANIMOUSLY 9/0.
6. DISCUSSION AND POSSIBLE ACTION
(a) Consider approval or other action regarding an Ordinance providing for condemnation of a
dangerous/substandard building located at 9906 Rocky Hollow Rd., based on the
recommendation of the Dangerous Building Inspection Board M. Kirkwood (This item was
postponed from the July 9, 2018, City Council Meeting.)
Deputy Building Official Mike Kirkwood presented a summary.
Councilmember Ojeda made a motion to remove 9906 Rocky Hollow Rd., from the dangerous
building list. Councilmember Bentley seconded the motion. MOTION PASSED UNANIMOUSLY
9/0.
(b) Presentation for City of La Porte Fiscal Year 2018-2019 Proposed Budget M. Dolby
Mayor Rigby proposed 9:00 p.m. as the time to recess each evening until business is
concluded, and Council agreed.
Finance Director Michael Dolby began the presentation by providing an overview of the
budget.
IT Manager Grady Parker provided information on a project for City-Owned Private Fiber.
Fire Chief Carl Holley presented the 2018-2019 Fiscal Year proposed budget for Fire
Suppression and Fire Prevention.
Emergency Medical Services Chief Ray Nolen presented the 2018-2019 Fiscal Year
proposed budget for Emergency Medical Services.
Interim Police Chief Ron Parker presented the 2018-2019 Fiscal Year proposed budget for
the Police Department.
City Council recessed for a break at 7:30 p.m. and reconvened at 7:43 p.m.
Golf Course Manager Alex Osmond presented the 2018- 2019 Fiscal Year proposed budget
for the Golf Course.
Assistant City Manager Jason Weeks presented the 2018-2019 proposed Fiscal Year
Emergency Management Manager Kristin Gauthier presented the 2018-2019 proposed
Fiscal Year Budget for Emergency Management.
Page 2 of 6
August 13-14, 2018, Council Meeting Minutes
Assistant City Manager Jason Weeks presented the 2018-2019 proposed Fiscal Year
Budget for Community Investment.
Human Resources Manager Matt Hartleib presented the 2018-2019 Fiscal Year proposed
budget for the Human Resources Department.
Municipal Court Judge Denise Mitrano presented the 2018-2019 Fiscal Year proposed
budget for the Municipal Court.
IT Manager Grady Parker presented the 2018-2019 Fiscal Year proposed budget for
Information Technology.
City Secretary Patrice Fogarty presented the 2018-2019 proposed Fiscal Year Budget for
Assistant City Manager Jason Weeks presented the 2018-2019 proposed Fiscal Year
Budget for Legal.
City Secretary Patrice Fogarty presented the 2018-2019 proposed Fiscal Year Budget for
City Council.
Finance Director Michael Dolby presented the 2018-2019 proposed Fiscal Year Budget for
the Finance Department.
Director of Public Works, Don Pennell, presented the 2018-2019 Fiscal Year proposed
budget for the Public Works Department, including the Street Division; Residential Solid
Waste; Commercial Solid Waste; Water Production; Water Distribution; Wastewater
Collection; Wastewater Treatment; Airport; La Porte Area Water Authority; and the Vehicle
Maintenance and Replacement Funds.
The meeting was recessed at 9:11 p.m. to reconvene on Tuesday, August 14, 2018, at 6:00 p.m.
Tuesday, August 14, 2018
Mayor Rigby reconvened the August 13, 2018, Council meeting at 6:00 p.m. on Tuesday,
August 14, 2018. Members of Council present: Councilmembers Engelken, Ojeda, J.
Martin, K. Martin, Bentley, Zemanek, Kaminski and Earp. Also present were City Secretary
Patrice Fogarty and City Manager Corby Alexander.
City Manager Corby Alexander and Staff provided information requested from the
August 13, 2018, meeting regarding the following: cell phone usage; City-Owned Private
Fiber; advertisement of community events in the Bay Area Observer; cost analysis for an
in-house attorney; memberships at the Golf Course; and vehicles for the Police Department.
Council directed Staff to do the following:
bring back a discussion about City-Owned Private Fiber in April 2019 during the
Budget Retreat;
add additional funds to budget to run monthly ads in the Bay Area Observer;
obtain cost analysis for a full-time prosecutor.
City Manager Corby Alexander advised Council he and Golf Course Manager Alex Osmond
will work on proposed fees for the Golf Course.
Council agreed continuing with Tahoe vehicles for the Police Department.
Page 3 of 6
August 13-14, 2018, Council Meeting Minutes
Parks and Recreation Director Rosalyn Epting presented the 2018-2019 Fiscal Year
proposed budget for the Parks Department that includes Parks Maintenance; Recreation;
Special Services; and Administration.
Council agreed to move $3,128.00 back into Special Services Account 2015.
Councilmember Ojeda commented she, along with Fairmont Park HOA, would like to
reinstitute the $1.00 admission fee at Fairmont Park Swimming Pool.
City Council recessed for a break at 7:31 p.m. and reconvened at 7:44 p.m.
City Planner Ian Clowes presented the 2018-2019 Fiscal Year proposed budget for the
Planning Department, which includes GIS and Inspections.
City Manager Corby Alexander provided an overview of
program.
Human Resources Manager Matt Hartleib presented the proposed 2018-2019 Fiscal Year
Budget for Liability and Employee Health Insurance.
Council directed Mr. Hartleib to move forward with the proposed change to pharmacy
formulary that was reviewed by the Chapter 172 Employee, Retiree Insurance and Benefits
Board. They will also look at options on stop loss coverage.
Economic Development Coordinator Ryan Cramer presented the 2018-2019 Fiscal Year
proposed budget for Economic Development. Councilmember Ojeda commented that if the
EDC meeting is a short meeting, maybe just provide an appetizer tray instead of a full meal.
Parks and Recreation Director Rosalyn Epting presented the 2018-2019 proposed Fiscal
Year Budget for the Hotel-Motel Fund. City Manager Alexander stated we can use some of
this money for golf course advertising, because the goal of advertising dollars in this fund is
for tourism. When questioned by Councilmember Zemanek, City Manager Alexander stated
yes, we can use these funds to advertise for little league tournaments heads in beds is the
criteria to stay focused on with these advertising dollars.
City Manager Corby Alexander presented the 2018-2019 proposed Fiscal Year Budget for
Capital Improvement Projects. He added that the $650,000 for the private fiber network with
be removed from this proposed budget, to be brought back next April during pre-budget
workshops. What will be placed back in is the annual AT&T fee for this year and possibly
next budget.
Councilmember Ojeda brought up a question about the delinquent taxes the City pays on
Habitat lots. She asked has the County and LPISD been approached to pay their share, to
that it is unlawful for them to waive their taxes.
Councilmember Ojeda asked to revisit the increase to the advertising budget so as to
include both the Bay Area Observe and Around La Porte. She commented what about
having one in print and maybe one electronic. That would probably save on advertising
costs. Councilmember Zemanek stated that his desire is to share and share alike between
good for one is good for the other. Duplicate advertising may not
occur because one paper is a weekly, and the other is a monthly. The weekly will have
more varied advertising.
Councilmember Engelken commented he would like to be provided:
some information on the number of donations for beautification trail system project
advertisement on our utility bills that it has been on there a long time
Page 4 of 6
August 13-14, 2018, Council Meeting Minutes
and suggests replacing that one with a request for donations to the La Porte Animal
Shelter;
a report of the number of injuries/incidents since the position of the Safety/Risk
Specialist; he would like to know what the impact of that position has been as far as
the number of preventable accidents, number of recordable injuries and lost time
and the dol
position has paid for itself and/or improved the safety record for the City; and
He commented he does not want to see another mitigation analysis/study for
Brookglen due to the number of times it has been studied in the past.
$275,000 on another analysis.
Councilmember Earp reviewed in depth more opportunities for additional cuts or more
discussion regarding the cuts provided to all of Council by City Manager Alexander and
asked for opinions from Council on the following subjects: IT computer software and
consulting; Planning and Development director position; Insurance fund and reduction in
liability insurance; Legal regarding in-house council; Golf Course regarding an increase in
fees; Special Programs; Pharmacy Formulary; Stop Loss Coverage; Motor Pool Lease
Fees; Refund back to general fund for drainage interconnect under Wharton Weems;
Eliminate CIP project for fencing and sidewalk on Spencer on the north side; Public Works
reduction of force; In-house mechanic repairs; Contingency Fund; Tax Collector Assessor
position; Franchise Fee (Enterprise); and Fiber Project Proposal.
Mayor Rigby asked if an option can be for a penny decrease a year for 5 years or a penny
and a half for 3 years to sustain the budget presented. Councilmember Earp stated he
would be in favor of it. City Manager Corby Alexander responded he can work on saving a
penny and half for 3 years.
Councilmember Jay Martin commented he has not been approached by any citizen
requesting a tax rate reduction and the City is negotiating agreements with the Industrial
Districts and now is not the time to do tax cuts.
Councilmember Zemanek commented the LPISD bond election was overwhelmingly
embraced by the citizens because it benefited our youth, and maybe it is time for the City to
do the same thing. He stated for the average household in La Porte, a $.05 increase or
decrease would be $3.76/month, and he stated if it was an increase, the IDA folks would
pay the increase, as well. He believes the money could be used in several ways, with
earmarks for a new standalone fitness center on a separate piece of property; revamp the
senior facility; do away with merit increases and, instead, give each employee a $1,500
stipend paid on their November check; turf baseball fields which will put heads in beds;
increase can assist with legal costs and drainage improvements that we need; projects for
kids in the summer. He would like Council to consider this and advertise it as
enhancements for the community.
Council directed City Manager Corby Alexander to come back at the next council meeting,
or call a special meeting, with options for additional cuts and provide information on how
close the City is to the tax roll back and how the City can accomplish a savings of a penny.
7. REPORTS
(a) Receive report of the Drainage and Flooding Committee Meeting on Monday, August 13,
2018 Councilmember Jay Martin
Councilmember Jay Martin provided a report on the August 13, 2018, Drainage and Flooding
Committee Meeting.
Page 5 of 6
August 13-14, 2018, Council Meeting Minutes
8. ADMINISTRATIVE REPORTS
City Manager Corby Alexander thanked Council and Staff for their patience and support during the
budget preparations.
9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community
members, city employees, and upcoming events; inquiry of staff regarding specific factual
information.
Councilmember Bentley thanked Staff for their work during the budget preparations and
commented he would like to see a cost of living for employees built into the budget;
Councilmembers Engelken, Earp, Kaminski, and Zemanek thanked Staff for their work during the
budget; Councilmember Ojeda thanked Staff and Council for the budget preparations;
Councilmember J. Martin thanked City Manager Corby Alexander and Staff for the budget
preparations and wished the best to Councilmember K. Martin on the birth of her new baby;
Councilmember K. Martin commented she is not in favor of a tax rate reduction and feels the City is
in good condition and capital items should be eliminated before control of needed items are taken
away from Staff; and Mayor Rigby thanked City Manager Corby Alexander, the Finance
Department and Directors for their work preparing the budget; commented this was the first budget
for Assistant City Manager Jason Weeks, and he did a good job; and reminded everyone that
school begins tomorrow and to look out for the children.
10. ADJOURN
There being no further business, Councilmember Engelken made a motion to adjourn the meeting
at 9:23 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY
9/0.
_______________________________
Patrice Fogarty, City Secretary
Passed and approved on August 27, 2018.
________________________________
Mayor Louis R. Rigby
Page 6 of 6
August 13-14, 2018, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:August27, 2018 _Appropriation
____________
Requested By:Shelley Wolny_ __ ___Source of Funds:
Department:Finance_________________________Account Number:____
____________
Report: __Resolution: _X__Ordinance: ___ _Amount Budgeted:
Exhibits: _Resale 2000-21589 _Amount Requested: __________________
Exhibits: __ Budgeted Item: (YES)NO
Exhibits: _
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to the judgment,the taxing unit
may sell the property at any time by public or private sale. The City of La Porte has had these
properties on the public resale list for more than an adequate amount of time and has received a
bid for the minimum bid amount set by the judgment or higher; at this time staff is asking the
City Council to pass a resolution to approve the sale of the property listed below for the amount
that has been offered.
City’s tax attorney hasdouble checked the tax statements, and the post-judgment taxes that are
due (2000 and 2001) are $336.19 if paid in August 2018.The $2 difference is due to the fact that
thebid amount is the amount of post-judgment taxes due if paid in June.Inthe bid,the bidder
stated they understandthat the taxes increase each month, and therefore, when theypay the post-
judgment taxes in September, theywill have to pay the September amount that is due.
2000-21589–Lot24Block 79(0 Martin Luther King Jr. Drive),City of La Porte
–Offer $1,900+ 2000 & 2001 post-judgement taxes of $336.19
Action Required by Council:
Consider approval of the Resolution authorizing the sale on the propertylisted above.
Approved for City Council Agenda
___________________________________________________________
CorbyD.Alexander,City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 27, 2018 Appropriation
Requested By: Rosalyn Epting Source of Funds:
Department: Parks & Recreation Acct Number:
Report: Resolution: Ordinance: Amount Budgeted: $905,435
Exhibits: Access Report Amount Requested: $414,750
Exhibits: Bid Tabulation Budgeted Item: YES NO
Exhibits: CMC Development & Construction Corp Bid
Exhibits: Engineer Letter of Recommendation
SUMMARY & RECOMMENDATION
Bid #18020 for the Northwest Park Pool Building was opened and read on July 3, 2018. The Notice to Bidders
thth
was advertised in the June 7 and 14 editions of the Bay Area Observer. It was also posted on Public
-one (31) vendors downloaded the bid package and eight (8) bids were
received. The Access report, bid tabulation, CMC Development & Construction Corporation LLCBid, and the
letter of recommendation from the Engineer have been attached as exhibits.
This bid was for the pool building only at Northwest Park. The remaining budgeted funds will be used for the
pool and deck work that are in a separate bid notification.
Staff recommends awarding the bid to CMC Development & Construction Corporation LLC.
Action Required by Council:
Award Bid #18020 to CMC Development & Constriction Corporation LLC in the amount of $395,000 for a Pool
Building at Northwest Park and a 5% Contingency of $19,750.
Approved for City Council Agenda
____________________________________ _______________________
Corby D. Alexander, City Manager Date
$10,000.00
COMEX
$704,000.00
$714,000.00
CORPORATION
$15,000.00
$585,000.00
$600,000.00
CONSTRUCTION
NASH INDUSTRIES
COX $13,000.00
$513,000.00
$526,000.00
COMMERCIAL
CONSTRUCTION
$9,337.00
MILLIS $470,255.00
$479,592.00
CONSTRUCTION
DEVELOPMENT &
$7,771.68
$457,912.27
$465,683.95
DEAN BUILDERS
$11,500.00
TUCON
$443,000.00
$454,500.00
$7,000.00
AZTEC
$389,040.00
$396,040.00
LANDSCAPING
REMODELING &
$10,000.00
CMC
$385,000.00
$395,000.00
CORPORATION
CONSTRUCTION
DEVELOPMENT &
GRAND TOTAL
TOTAL BASE BID
TOTAL ALTERNATE BID
Description
Northwest Park Pool BuildingAlternate Bid Item-Installation of New Sidewalk
12
Item No.
BID TABULATION-BID 18020 NORTHWEST PARK POOL BUILDING
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: August 27, 2018
Source of Funds: 015
Requested By: Corby D. Alexander
Account Number: 01560605101100
Department:
Amount Budgeted: $117,000
Report: X Resolution: Ordinance:
Amount Requested: $116,998.50
Exhibits: Bid Tabulation
Budgeted Item: YES NO
Exhibits: Access Report
Exhibits: Continental Flooring Company Bid
SUMMARY & RECOMMENDATION
Background:
Funds were budgeted in FY 2017 for the removal and replacement of the City Hall flooring for $117,000.
Bid #18016 for Carpet and Vinyl Installation was opened and read on July 3, 2018, two bids were received.
One bid was deemed non-responsive as the pricing was not submitted on the required Bid Form and other
required forms were not signed or submitted. Notice to bidders was advertised in the June 14 & 21 editions of
The only responsive bid was received from Continental Flooring Company. Staff would like to recommend the
award of the Alternate Bid in the amount of $116,998.50 which includes vinyl planks in the lobby areas and
breakroom and carpet tiles in hallways, conference rooms, offices and Council Chambers. Staff has conducted
their due diligence by checking references, which came back excellent.
Action Required by Council:
Consider approval or other action to award Bid #18016 for Carpet and Vinyl Installation to Continental
Flooring Company in the amount of $116,998.50.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
$0.00$0.00
$774.00$488.00$774.00$274.50
$5,919.75$5,050.00$7,460.37$5,919.75$5,050.00$7,461.26
$42,666.25$53,867.01$11,180.52$20,319.30$66,019.17$11,180.52
$127,406.00$116,998.50
Total PriceTotal Price
COMPANYCOMPANY
$5.35$2.91$1.56$0.50$0.25$0.00$5.35$2.91$1.56$0.50$0.25$0.00
$30.50$30.50
$5,050.00$7,460.37$5,050.00$7,461.26
CONTINENTAL FLOORING CONTINENTAL FLOORING
Unit Price
Unit Price
Total Base Bid
Total Alternate Bid
DescriptionDescription
Shaw Industries, "Composed-098UV, color, Landscape- 00760 Vinyl planks or approved equalShaw Industries, Catalyst tile 59579, color TBD, 24 x 24 carpet tiles or approved equalRoppe 700
series 4" cove base, color, TBD or approved equalVCT take up & disposalCarpet take up & disposalRubber transitions 12' eachFloor prepRemove and replace furniture, appliances, filing
cabinets, and desks as necessaryDelivery fee(if applicable)Shaw Industries, "Composed-098UV, color, Landscape- 00760 Vinyl planks or approved equalShaw Industries, Catalyst tile 59579,
color TBD, 24 x 24 carpet tiles or approved equalRoppe 700 series 4" cove base, color, TBD or approved equalVCT take up & disposalCarpet take up & disposalRubber transitions 12' eachFloor
prepRemove and replace furniture, appliances, filing cabinets, and desks as necessaryDelivery fee (if applicable)
LFLF
eaeaeaeaeaeaeaea
sqftsqftsqftsqftsqftsqftsqftsqft
UnitUnit
1119111
16
797571671548379871671548
18511236792268723679
Estimated Quantity Estimated Quantity If bidding on materials other than the above, state manufacturer, brand, style and number below and attach specifications. Carpet Tile-Aladdin/Mohawk
"Go Forward Tile"
12345678912345678912
ItemItem
BID TABULATION-BID #18016 CARPET AND VINYL INSTALLATION
ALTERNATE BID- Vinyl planks in Lobby Areas and Breakroom Only Item
3
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: August 27, 2018
Source of Funds: Grant Fund
Requested By: Ron Parker
Account Number: 03252535211020
Department: Police
Amount Budgeted: $44,978
Report: Resolution: X Ordinance:
Amount Requested: $44,978
Exhibits: Speed and Intersection Traffic Control
STEP Resolution
Budgeted Item: YES NO
Exhibits: Texas Traffic Safety Program Grant
Agreement
Exhibits
SUMMARY & RECOMMENDATION
Th
overtime reimbursement for Speed and Intersection Control for the fiscal year 2018-19. This will mark the ninth
year for which the department has applied for the grant. TXDOT has preliminarily approved the award and
The grant will reimburse the City up to $44.978 with matching contributions from the City of $50,009.
Although the grant pays only base salary, as in past years, the police department will continue to meet the match
through administrative costs, employee benefits, mileage, fuel, and City funded Speed and Intersection Control
overtime.
Action Required by Council:
Authorize Resolution for City Manager to sign grant award and other documents for Speed and Intersection
Traffic Control STEP grant.
Approved for City Council Agenda
Corby Alexander, City Manager Date
RESOLUTION
* * * *
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community;
and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREAS
by injuries of traffic crashes; and
WHEREAS, research shows that speed is a causative factor in many traffic crashes; and
WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes;
and
WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit
and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in
economic savings to society;
WHEREAS, the Speed/Intersection Traffic Control STEP includes public education and intensified law
enforcement to get the community to comply with speed limits and traffic control devices, signs and signals;
NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all
documents for the Speed/ITC STEP Grant for October 1, 2018 through September 30, 2019; joining public and
private sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide
by traffic laws, to protect life and the quality of life in this community.
Signed by:
___________________________
Authorized Official
ATTEST: APPROVED:
City Secretary Mayor, City of La Porte
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested:August 27, 2018
Source of Funds:Grant Fund
Requested By:Ron Parker
Account Number:03252535211020
Department:Police
Amount Budgeted:$12,000
Report: Resolution:XOrdinance:
Amount Requested:$12,000
Exhibits:Commercial Motor Vehicle
STEPResolution
Budgeted Item:YESNO
Exhibits: Texas Traffic Safety Program Grant
Agreement
Exhibits
SUMMARY & RECOMMENDATION
The La Porte Police Department has made its annual application for the TXDOT “S.T.E.P.CMV”
grant concerningovertime reimbursement for Commercial Motor Vehiclesfor the fiscal year
2018-19. This will be the first year this the department has applied for thisgrant.TXDOT has
preliminarily approved the award and forwarded the attached grant agreement for City Council’s
consideration and approval.
The grant will reimburse the City up to$12,000with matching contributions from the City of
$4,233.60.
Although the grant pays only base salary, as in past years, the police department will continue to
meet the match throughadministrative costs, employee benefits, mileage, fuel, and City funded
Speed and Intersection Controlovertime.
Action Required by Council:
Authorize Resolution for City Manager to sign grantawardand other documents for Commercial
Motor Vehicle STEP grant.
Approved for City Council Agenda
Corby Alexander, City ManagerDate
RESOLUTION
* * * *
WHEREAS, injuries and deaths from commercial motor vehicle traffic violations and crashes bring loss and
suffering to the citizens of this community; and
WHEREAS, the cost of such injuries brings economic hardship to families and communities; and
WHEREAS
by injuries of commercial motor vehicle traffic crashes; and
WHEREAS, research shows that speed is a causative factor in many commercial motor vehicle traffic crashes;
and
WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many commercial
motor vehicle traffic crashes;
WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit
and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in
economic savings to society; and
WHEREAS, the Commercial Motor Vehicle STEP includes public education and intensified law enforcement to
get the community and drivers of commercial motor vehicles to comply with speed limits and traffic control
devices, signs and signals therefore protecting the occupants of commercial motor vehicles and others on the
roadways;
NOW THEREFORE, BE IT RESOLVED that the City of La Porte approves the City Manager to execute all
documents for CMV STEP Grant for October 1, 2018 through September 30, 2019; joining public and private
sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide by
traffic laws, to protect life and the quality of life in this community.
Signed by:
___________________________
Authorized Official
ATTEST: APPROVED:
City Secretary Mayor, City of La Porte
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: August 27, 2018
Source of Funds: N/A
Requested By: Don Pennell
Account Number: N/A
Department: Public Works
Amount Budgeted: N/A
Report: ___ Resolution: _____ Ordinance: _______
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Area Map
Approved IDA Ordinance No. 2007-IDA-17
Water-Sewer Service Application
Water Service Agreement
Sewer Service Agreement
SUMMARY & RECOMMENDATION
Triten Real Estate Partners, approached the City for new water service agreement and sewer service agreement for the
BNCL II facility at 4100 Malone Drive, in the Bayport Industrial District. The company intends to construct loading docks
with paved driveways and parking spaces.
Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and
to maintain a current Industrial
District Agreement (IDA) with the City. Additionally, the applicant is subject to an administrative fee of $6,000 per
agreement, for a total combined fee of $12,000. As required, a non-refundable payment of twenty-five percent (25%) of the
total administrative fees has been received, with the remaining balance ($9,000) to be paid upon approval of the water/sewer
service agreements.
Based on the stated demand for domestic uses, the average monthly volume for potable water is 91,500 gallons. Under the
terms of the policy, the company will pay one and one-half (1-The
age beyond 91,500
gallons.
Based on the stated demand for domestic uses, the average monthly volume for domestic sanitary sewer service is 77,775
gallons. Under the terms of the policy, the company will pay one and one-half (1-
for service.
beyond 77,775 gallons.
The terms of Triten Real Estate PartnersWater Service Agreement and Sanitary Sewer Service Agreement will expire on
December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such
time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination.
Action Required by Council:
Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement, and Sanitary Sewer
Service Agreement, with Triten Real Estate Partners for its facility at 4100 Malone Drive, in the Bayport Industrial District.
Approved for City Council Agenda
Corby D. Alexander Date
QSPKFDU!MPDBUJPO
X!GBJSNPOU!QLXZ
- City Use Only -
CITY OF LA PORTE PLANNING DEPARTMENT
Rec’d by: _________________ Date: ___________________
604 West Fairmont Parkway, La Porte, TX 77571
Phone: 281.471.5020, Fax: 281.470.5005
Date of Initial Review Meeting:________________________
www.laportetx.gov
Date of Internal Review Meeting: ______________________
Request Meets Policy Guidelines?: Y or N
APPLICATION for WATER / SEWER SERVICE to COMPANIES
Date of Notification to Company: ______________________
WITH AN INDUSTRIAL DISTRICT AGREEMENT (IDA)
Note: Submittal of partial or incomplete information may delay processing of your application
1.) COMPANY NAME (per Applicant’s IDA w/ City): 2.) *SITE TENANT (if other than “Company”):
Usjufo!Sfbm!Ftubuf!Qbsuofst
Name:_______________________________________________ Company Name:___________________________________________
)943*!726.2558
Phone #:________________________________________ _____ Phone #__________________________________________________
Fax #:_______________________________________________ Fax #:____________________________________________________
NQfoemfzAusjufo/dpn
E-Mail: _________________________________________ _____ Address:__________________________________________________
4768!Csjbsqbsl!Es/
Company Address:_____________________________________ _________________________________________________________
Tvjuf!411-!Ipvtupo!UY!88153
_____________________________________________________ Contact Name: _____________________________________________
3.) PROPERTY DATA (If available, include any survey, plat, site plan, map or sketch of the subject site with this form):
*Company’s Industrial District Agreement No.: 2007 – IDA - ______________
5211!NBMPOF!ESJWF-!QBTBEFOB!UY!88618
*Site Address:_____________________________________________________________________________________________________
2
11
1
42
Site HCAD ID(s): ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ;
2!!!9!!!1
213
1
___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___
25/97
Total Site Acreage (Per Exhibit “A” of Company’s IDA): _____________ Acres
4.) SITE FACILITY INFORMATION (If available, include any site plan or sketch of the subject facility with this form):
New Construction
Qspqptfe!mpbejoh!epdl!xjui!qbwfe!esjwfxbzt!boe!qbsljoh!tqbdft
Describe Project: __________________________________________________________________________________________________
________________________________________________________________________________________________________________
New Tenant Requesting Additional Water and/or Sanitary Sewer Allocation
(Specify reason(s) for additional allocation request: _______________________________________________________________________
________________________________________________________________________________________________________________
Ftujnbufe!bu!Tjyuz!)71*
*Full-time Regular + Full-time Contract Employees who will occupy this facility: ___________________ Total Full-Time Employees
**Current Amount of Water Allocated to Company by existing Water Service Agreement: __________________________ gallons per month
**Current Amount of Sewer Allocated to Company by existing Sewer Service Agreement: __________________________ gallons per month
5.) WATER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S):
Domestic Uses (i.e. Drinking, Flushing, Etc.)
Gjsf!vtft!gps!izesbou!boe!csfbl!ubol<!Mboetdbqjoh!jssjhbujpo
Other (describe): __________________________________________________________________________________
________________________________________________________________________________________________
6.)SANITARYSEWER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S):
Domestic Uses (i.e. Wastewater from domestic uses)
Other (describe): ___________________________________________________________________________________
_________________________________________________________________________________________________
* An Administrative Fee of $100 per employee is assessed for each agreement (Min Fee = $5,000; Max Fee = $15,000)
**If Applicable
1
STATE OF TEXAS §
COUNTY OF HARRIS §
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
_____________________________________________________ hereinafter called
DSQ0USFQ!Gbjsnpou!Pxofs-!M/Q/-!b!Efmbxbsf!mjnjufe!mjbcjmjuz!dpnqboz
"COMPANY".
I.
COMPANY is the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of propertieslocated outside the corporatelimits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY
agrees, however, to provide limited potable water service to COMPANY. For and in consideration
of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY’S property as of the date of this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Full-Time Employees on site
+ Numberof Full-Time Contract Employees on site
= Total On-Site Full-Time Employees
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd)
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to-wit:
(A)COMPANYshall pay to CITY a one-time administrative fee of $_________________.
(B) The total amount of potable water approved to COMPANY is established at
_________________________ () gallons per day. This number is based on an average of
fifty (50) gallons per employee per day as established by CITY.
(C) The average monthly volume of _________________ ( ) gallons is established by
multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate
CITY’S utility service billings.
(D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of ___________() gallons. Repeated consumption greater than
the established average monthly volume may result in termination of service.
(E) COMPANY shall pay the standard water tap/meter fee based on CITY’S current tap/meter
fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility
construction by CITY, COMPANY shall pay the CITY’S standard water depositfee through
CITY’S Utility Billing Division prior to receiving water service from CITY.
(F)The cost of water up to the average monthly volume of ____________( ) gallons
shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time
to time for commercial customers inside its corporate limits.
(G) The cost of water for amounts used in excess of the established average monthly volume shall
be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H)COMPANYshall submit a preliminary site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY’S
development may be subjectto certain additional requirements as described in Exhibit A.
These requirements shall be shown on the final site plan and approved by City.
(I)COMPANY’S site design and site development will, in certain cases, be subject to specific
“Rules and Regulations” as defined in Exhibit “C” of COMPANY’S Industrial District
Agreement with CITY.
(J)All plumbing installed by COMPANYconnected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements.
(K)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(L)COMPANY’Spotable water supply system will be segregated from any existing and future fire
protection system.
3
(M) The total cost for the engineering design and construction of any potable water main,
service line, back flow preventer, meter or other required appurtenances will be the
responsibility of COMPANY.
(N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing
of potable water to customers within the corporate limits of CITY.
(O) There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
(Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(R) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(S) CITY does not guarantee its water system to provide specific water pressure and/or water
volume requirements of COMPANY.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY’S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
In the event a State or Harris County license, permit, or permission to install the water main
is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of
such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY’Swater facilities, reading its water meter(s) and to observe compliance with the terms
and conditions of this Agreement. When exercising its right of entry, CITY shall notify
COMPANY in advance. CITY also agrees to follow established health and safety policies in effect
at COMPANY’Sfacility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
4
within ten (10) calendar days from date of written notice by CITY may result in termination of
Agreement. CITY shall have the right to summarily correct, at COMPANY’S expense, any defect
or deficiency, when in its opinion the integrity of the public water supply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall expire on ________________________, ________ plus
Efdfncfs!42
312:
any renewals and extensions thereof. However, this Agreement shall automatically expire at such
time as there is no effective Industrial District Agreement between the parties or if CITY exercises
its right of termination.
ENTERED INTO effective the day of _______ , ________________.
Signature of Company’s Authorized Representative
Tdpuu!Bsopmez
Printed Name: ________________________
Bvuipsj{fe!Tjhobupsz
Company Representative’s Title: __________________
Company’s Address:
4768!Csjbsqbsl!Es/!Tvjuf!411
__________________________________________
Ipvtupo-!Ufybt!88153
__________________________________________
5
ATTEST: CITY OF LA PORTE
____ __________________________________
Patrice FogartyLouis R. Rigby
City Secretary Mayor
APPROVED:
By:__________________________________
Knox W. Askins Corby Alexander
City Attorney City Manager
6
EXHIBIT “A”
to Water Service Agreement
The Water Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. Theserequirements represent
contractual obligations of COMPANY to receive water service from CITYper the terms of the
Water Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
1.
Initial for Approval:
CITY APPROVAL: _______________
COMPANY APPROVAL: _________
1
STATE OF TEXAS§
COUNTY OF HARRIS§
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
____DSQ0USFQ!Gbjsnpou!Pxofs-!M/Q/-!b!Efmbxbsf!mjnjufe!mjbcjmjuz!dpnqboz_________________________________________________ hereinafter called
"COMPANY”.
I.
COMPANY is the COMPANY of certain real property, which is situated in CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations, the City has determined the following:
Number of Employees on-site_____
Number of Contract Employees_____
Total on-site Employees_____
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)_____
Total Amount of Sanitary Sewer Approved
For COMPANY (Average Daily Volume, gpd) _____
2
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to-wit:
(A).COMPANYshall pay to CITY a one-time administrative connection charge of $_________.
(B). COMPANY shall pay the standard sewer tap fee based on CITY’S current sewer tap fee
schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by
CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility
Billing Division prior to receiving sewer service from CITY.
(C). The average daily volume is established at ______________ (_) gallons per day. This number
is based on an average of fifty (50) gallons per employee per day established by CITY.
(D). The average monthly volume is calculated to be eighty-five percent (85%) of the average daily
volume multiplied by a factor of 30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly volume of _________________
(__) gallons shall be one hundred fifty percent (150%) of the CITY’S rate as established from
time to time for commercial customers inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200%) of the CITY’S rate as established from time to
time for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volumeof ______________________ (___). Repeated sanitary sewer delivery
greater than the established average monthly volume may result in termination of service.
(H). COMPANY agrees that during periods when the CITY’S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of
Ordinances) and any subsequent amendments or revisions.
(K). Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
(L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
3
(M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY’s standards.
(O). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY’S
development project may be subject to certain additional requirements as described in Exhibit
“A”, attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened.
4
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall terminate on ________________, _____.
312:
Efdfncfs!42
However, this Agreement shall automatically expire at such time as there is no effective Industrial
District Agreement between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the day of _________, ________________.
__________________________________________
Signature of Company’s Authorized Representative
Tdpuu!Bsopmez
Printed Name: ______
Company Representative’s Title: ______
Bvuipsj{fe!Tjhobupsz
Company’s Address:
4768!Csjbsqbsl!Es/!Tvjuf!411
Ipvtupo-!Ufybt!88153
__
5
ATTEST: CITY OF LA PORTE
___________________________________
Patrice Fogarty Louis R. Rigby
City Secretary Mayor
APPROVED:
By:___________________________________
Knox W. Askins Corby Alexander
City Attorney City Manager
6
EXHIBIT “A”
to Sanitary SewerService Agreement
The Sanitary Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
1.
Initial for Approval:
CITY APPROVAL: _______________
COMPANY APPROVAL: _________
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: August 27, 2018
Source of Funds: N/A
Requested By: Don Pennell
Account Number: N/A
Department: Public Works
Amount Budgeted: N/A
Report: ___ Resolution: _____ Ordinance: _______
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Area Map
Approved IDA Ordinance No. 2007-IDA-40
Water-Sewer Service Application
Water Service Agreement
Sewer Service Agreement
SUMMARY & RECOMMENDATION
Triten Real Estate Partners, approached the City for new water service agreement and sewer service agreement for the
BNCL I facility at 9701 New Decade Drive, in the Bayport Industrial District. The company intends to construct loading
docks with paved driveways and parking spaces.
Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and
olicy to maintain a current Industrial
District Agreement (IDA) with the City. Additionally, the applicant is subject to an administrative fee of $5,000 per
agreement, for a total combined fee of $10,000. As required, a non-refundable payment of twenty-five percent (25%) of the
total administrative fees has been received, with the remaining balance ($7,500) to be paid upon approval of the water/sewer
service agreements.
Based on the stated demand for domestic uses, the average monthly volume for potable water is 45,750 gallons. Under the
terms of the policy, the company will pay one and one-half (1-The
hly usage beyond 45,750
gallons.
Based on the stated demand for domestic uses, the average monthly volume for domestic sanitary sewer service is 38,888
gallons. Under the terms of the policy, the company will pay one and one-half (1- current utility rate
for service.
beyond 38,888 gallons.
The terms of Triten Real Estate PartnersWater Service Agreement and Sanitary Sewer Service Agreement will expire on
December 31, 2019, plus any renewals or extensions thereof. However, these agreements will automatically expire at such
time as there is no effective Industrial District Agreement between the parties, or if the City exercises its right of termination.
Action Required by Council:
Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement, and Sanitary Sewer
Service Agreement, with Triten Real Estate Partners for its facility at 9701 New Decade Drive, in the Bayport Industrial
District.
Approved for City Council Agenda
Corby D. Alexander Date
TJUF!MPDBUJPO
- City Use Only -
CITY OF LA PORTE PLANNING DEPARTMENT
Rec’d by: _________________ Date: ___________________
604 West Fairmont Parkway, La Porte, TX 77571
Phone: 281.471.5020, Fax: 281.470.5005
Date of Initial Review Meeting:________________________
www.laportetx.gov
Date of Internal Review Meeting: ______________________
Request Meets Policy Guidelines?: Y or N
APPLICATION for WATER / SEWER SERVICE to COMPANIES
Date of Notification to Company: ______________________
WITH AN INDUSTRIAL DISTRICT AGREEMENT (IDA)
Note: Submittal of partial or incomplete information may delay processing of your application
1.) COMPANY NAME (per Applicant’s IDA w/ City): 2.) *SITE TENANT (if other than “Company”):
UsjufoSfbmFtubufQbsuofst
Name:_______________________________________________ Company Name:___________________________________________
)943*!726.2558
Phone #:________________________________________ _____ Phone #__________________________________________________
Fax #:_______________________________________________ Fax #:____________________________________________________
NQfoemfzAusjufo/dpn
E-Mail: _________________________________________ _____ Address:__________________________________________________
4768!Csjbsqbsl!Es/
Company Address:_____________________________________ _________________________________________________________
Tvjuf!411-!Ipvtupo!UY!88153
_____________________________________________________ Contact Name: _____________________________________________
3.) PROPERTY DATA (If available, include any survey, plat, site plan, map or sketch of the subject site with this form):
*Company’s Industrial District Agreement No.: 2007 – IDA - ______________
:812!OFX!EFDBEF!ESJWF-!QBTBEFOB!UY!88618
*Site Address:_____________________________________________________________________________________________________
2!!!3!!!1!!!!8!!!3!!9!!!!!1!!1!!!1!!!!!1!!!1!!!4!!3
Site HCAD ID(s): ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ;
___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___ ; ___ ___ ___ - ___ ___ ___ - ___ ___ ___ - ___ ___ ___ ___
6/88
Total Site Acreage (Per Exhibit “A” of Company’s IDA): _____________ Acres
4.) SITE FACILITY INFORMATION (If available, include any site plan or sketch of the subject facility with this form):
New Construction
Qspqptfe!mpbejoh!epdl!xjui!qbwfe!esjwfxbzt!boe!qbsljoh!tqbdft
Describe Project: __________________________________________________________________________________________________
________________________________________________________________________________________________________________
New Tenant Requesting Additional Water and/or Sanitary Sewer Allocation
(Specify reason(s) for additional allocation request: _______________________________________________________________________
________________________________________________________________________________________________________________
*Full-time Regular + Full-time Contract Employees who will occupy this facility: ___________________ Total Full-Time Employees
Ftujnbufe!bu!Uijsuz!)41*
**Current Amount of Water Allocated to Company by existing Water Service Agreement: __________________________ gallons per month
**Current Amount of Sewer Allocated to Company by existing Sewer Service Agreement: __________________________ gallons per month
5.) WATER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S):
Domestic Uses (i.e. Drinking, Flushing, Etc.)
Gjsf!vtft!gps!izesbou!boe!csfbl!ubol<!Mboetdbqjoh!Jssjhbujpo
Other (describe): __________________________________________________________________________________
________________________________________________________________________________________________
6.)SANITARYSEWER SERVICE IS REQUESTED to COMPANY’S SITE FOR THE FOLLOWING PURPOSE(S):
Domestic Uses (i.e. Wastewater from domestic uses)
Other (describe): ___________________________________________________________________________________
_________________________________________________________________________________________________
* An Administrative Fee of $100 per employee is assessed for each agreement (Min Fee = $5,000; Max Fee = $15,000)
**If Applicable
1
STATE OF TEXAS§
COUNTY OF HARRIS§
CITY OF LA PORTE
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
DSQ0USFQ!Ofx!Efdbef!Pxofs-!M/Q/-!b!Efmbxbsf!mjnjufe!mjbcjmjuz!dpnqboz
_____________________________________________________ hereinafter called
"COMPANY".
I.
COMPANY is the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits ofthe CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
uses. Previous planning considerations for the long-range potable water supply of CITY did not
include the needs of properties located outside the corporate limits of CITY. COMPANY
recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY
agrees, however, to provide limited potable water service to COMPANY. For and in consideration
of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees that
will be located at the COMPANY’S property as of the date of this agreement, upon which
representations CITY has relied in entering into this Agreement.
Upon review of these representations, the City has determined the following:
Number of Full-Time Employees on site
+ Numberof Full-Time Contract Employees on site
= Total On-Site Full-Time Employees
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
Total Amount of Potable Water Approved for
COMPANY (Average Daily Volume, gpd)
2
IV.
CITY has determined that adequate resources are available to CITY to furnish potable water
to COMPANY based on the following terms and conditions, to-wit:
(A)COMPANYshall pay to CITY a one-time administrative fee of $_________________.
(B) The total amount of potable water approved to COMPANY is established at
_________________________ () gallons per day. This number is based on an average of
fifty (50) gallons per employee per day as established by CITY.
(C) The average monthly volume of _________________ ( ) gallons is established by
multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate
CITY’S utility service billings.
(D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volume of ___________() gallons. Repeated consumption greater than
the established average monthly volume may result in termination of service.
(E) COMPANY shall pay the standard water tap/meter fee based on CITY’S current tap/meter
fee schedule. Upon final approval of COMPANY’S on-site and/or off-site utility
construction by CITY, COMPANY shall pay the CITY’S standard water depositfee through
CITY’S Utility Billing Division prior to receiving water service from CITY.
(F)The cost of water up to the average monthly volume of ____________( ) gallons
shall be billed at one hundred fifty percent (150%) of the CITY'S rate as established from time
to time for commercial customers inside its corporate limits.
(G) The cost of water for amounts used in excess of the established average monthly volume shall
be billed at two hundred percent (200%) of the CITY'S rate as established from time to time for
commercial customers inside its corporate limits.
(H)COMPANYshall submit a preliminary site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY’S
development may be subjectto certain additional requirements as described in Exhibit A.
These requirements shall be shown on the final site plan and approved by City.
(I)COMPANY’S site design and site development will, in certain cases, be subject to specific
“Rules and Regulations” as defined in Exhibit “C” of COMPANY’S Industrial District
Agreement with CITY.
(J)All plumbing installed by COMPANYconnected to the domestic water line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements.
(K)A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(L)COMPANY’Spotable water supply system will be segregated from any existing and future fire
protection system.
3
(M) The total cost for the engineering design and construction of any potable water main,
service line, back flow preventer, meter or other required appurtenances will be the
responsibility of COMPANY.
(N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing
of potable water to customers within the corporate limits of CITY.
(O) There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(P) CITY'S personnel shall have the right of prior review and approval of COMPANY’S plans and
specifications for the plumbing system(s). CITY shall have the right to inspect any and all work
related to the furnishing of potable water to COMPANY.
(Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY
if an emergency arises and there is not an adequate water supply to meet the needs of the
citizens of La Porte.
(R) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(S) CITY does not guarantee its water system to provide specific water pressure and/or water
volume requirements of COMPANY.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to COMPANY’S facilities, shall be solely at the expense of COMPANY.
COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
In the event a State or Harris County license, permit, or permission to install the water main
is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of
such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY’Swater facilities, reading its water meter(s) and to observe compliance with the terms
and conditions of this Agreement. When exercising its right of entry, CITY shall notify
COMPANY in advance. CITY also agrees to follow established health and safety policies in effect
at COMPANY’Sfacility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
4
within ten (10) calendar days from date of written notice by CITY may result in termination of
Agreement. CITY shall have the right to summarily correct, at COMPANY’S expense, any defect
or deficiency, when in its opinion the integrity of the public water supply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another water supply. If the transition is not complete within said six-
month period, CITY shall have the right to terminate water service at its sole discretion.
X.
In the event of any conflict between the terms and provisions of this Water Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Water Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall expire on ________________________, ________ plus
Efdfncfs!42
312:
any renewals and extensions thereof. However, this Agreement shall automatically expire at such
time as there is no effective Industrial District Agreement between the parties or if CITY exercises
its right of termination.
ENTERED INTO effective the day of _______ , ________________.
Signature of Company’s Authorized Representative
Tdpuu!Bsopmez
Printed Name: ________________________
Bvuipsj{fe!Tjhobupsz
Company Representative’s Title: __________________
Company’s Address:
__________________________________________
4768!Csjbsqbsl!Es/!Tvjuf!411
__________________________________________
Ipvtupo-!Ufybt!88153
5
ATTEST: CITY OF LA PORTE
____ __________________________________
Patrice FogartyLouis R. Rigby
City Secretary Mayor
APPROVED:
By:__________________________________
Knox W. Askins Corby Alexander
City Attorney City Manager
6
EXHIBIT “A”
to Water Service Agreement
The Water Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. Theserequirements represent
contractual obligations of COMPANY to receive water service from CITYper the terms of the
Water Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
1.
Initial for Approval:
CITY APPROVAL: _______________
COMPANY APPROVAL: _________
1
STATE OF TEXAS§
COUNTY OF HARRIS§
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
____DSQ0USFQ!Ofx!Efdbef!Pxofs-!M/Q/-!b!Efmbxbsf!mjnjufe!mjbcjmjuz!dpnqboz_________________________________________________ hereinafter called
"COMPANY”.
I.
COMPANY is the COMPANY of certain real property, which is situated in CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANY are parties to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANY has made certain representations to CITY as to the number of employees, as of
the date of this agreement, upon which representations CITY has relied in entering into this
Agreement.
Upon review of these representations, the City has determined the following:
Number of Employees on-site_____
Number of Contract Employees_____
Total on-site Employees_____
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)_____
Total Amount of Sanitary Sewer Approved
For COMPANY (Average Daily Volume, gpd) _____
2
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to-wit:
(A).COMPANYshall pay to CITY a one-time administrative connection charge of $_________.
(B). COMPANY shall pay the standard sewer tap fee based on CITY’S current sewer tap fee
schedule. Upon final approval of COMPANY’S on-site and/or off-site utility construction by
CITY, COMPANY shall pay the CITY’S standard sewer deposit fee through CITY’S Utility
Billing Division prior to receiving sewer service from CITY.
(C). The average daily volume is established at ______________ (_) gallons per day. This number
is based on an average of fifty (50) gallons per employee per day established by CITY.
(D). The average monthly volume is calculated to be eighty-five percent (85%) of the average daily
volume multiplied by a factor of 30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly volume of _________________
(__) gallons shall be one hundred fifty percent (150%) of the CITY’S rate as established from
time to time for commercial customers inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
volume shall be two hundred percent (200%) of the CITY’S rate as established from time to
time for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly volumeof ______________________ (___). Repeated sanitary sewer delivery
greater than the established average monthly volume may result in termination of service.
(H). COMPANY agrees that during periods when the CITY’S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J). COMPANY shall file application with CITY for an Industrial Waste Permit and hereby agrees
to be bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of
Ordinances) and any subsequent amendments or revisions.
(K). Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
(L). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
3
(M). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(N). COMPANY shall install a sanitary sewer sampling well in accordance with CITY’s standards.
(O). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(P). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(Q). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. COMPANY’S
development project may be subject to certain additional requirements as described in Exhibit
“A”, attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the
expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any
defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the
integrity of the public sanitary sewer system is threatened.
4
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months
to prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its
sole discretion.
X.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties,
the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of
such conflict. The term of this Agreement shall terminate on ________________, _____.
Efdfncfs!42
312:
However, this Agreement shall automatically expire at such time as there is no effective Industrial
District Agreement between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the day of _________, ________________.
__________________________________________
Signature of Company’s Authorized Representative
Tdpuu!Bsopmez
Printed Name: ______
Bvuipsj{fe!Tjhobupsz
Company Representative’s Title: ______
Company’s Address:
4768!Csjbsqbsl!Es/!Tvjuf!411
__
Ipvtupo-!Ufybt!88153
5
ATTEST: CITY OF LA PORTE
___________________________________
Patrice Fogarty Louis R. Rigby
City Secretary Mayor
APPROVED:
By:___________________________________
Knox W. Askins Corby Alexander
City Attorney City Manager
6
EXHIBIT “A”
to Sanitary SewerService Agreement
The Sanitary Service Agreement is hereby amended and supplemented to include the following
additional requirements agreed to by CITY and COMPANY. These requirements represent
contractual obligations of COMPANY to receive sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
1.
Initial for Approval:
CITY APPROVAL: _______________
COMPANY APPROVAL: _________
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: August 27, 2018
Source of Funds: 002 - 003
Requested By: Don Pennell
Account Number: 002-6176-515-4005
Department: Public Works________________________
Account Number: 002-6176-515-8026
Account Number: 003-7085-533-4005
Report: X Resolution: Ordinance:
Amount Budgeted: $100,000
Exhibit: Sole Source Letter
Amount Requested: $ 100,000
Budgeted Item: Yes
SUMMARY & RECOMMENDATION
omprised solely of Neptune water meters and products.
Components of other manufacturers are not compatible with the Neptune system. Core and Main of Houston is the
only distributor in southeast Texas, defining them as sole source supplier for Neptune Products.
Due to an increase in commercial development and replacement of old inaccurate commercial meters the purchase
of water meters larger than 3/4 inch is approaching and will exceed $50,000 this fiscal year. In December 2017,
Council approved purchase of Neptune water meters from the exclusive Houston-area distributor, Core and Main.
The agenda request only referenced normal residential size meters. Total expenditure for commercial meters in FY
17-18 is estimated at $75,000.
Project Benefits, Liabilities, and Operating Cost:
Benefits:
The proposed project provides the continuation and development of the established Neptune AMR
system throughout the City.
Action Required of City Council:
Consider approval or other action authorizing the purchase of non-residential size meters from Core and Main.
Expense not to exceed budgeted amounts.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriations
Agenda Date Requested: August 27, 2018
Source of Funds: N/A
Requested By: Ian Clowes
Account Number: N/A
Department: Planning and Development
Amount Budgeted: N/A
Report: __X __Resolution: _____Ordinance: _X___
Amount Requested: N/A
Exhibits: Ordinance
P&Z Recommendation Letter
Budgeted Item: N/A
Applicant Information and Request
Aerial Map
Zoning Map
Land Use Map
______________________________________________________________________________
SUMMARY & RECOMMENDATION
Steve Adkisson, applicant, on behalf of Carrington F. Weems, owner, is seeking approval of a
Zone Change from the General Commercial (GC) zoning district to the Planned Unite
Development (PUD) zoning district. The property in question is located on the east side of S.
th
16 St., north of the W. M St. ROW and is legally described as Lots 1-32, Block 1144 and Lots
17-32 & Tracts 1-16, Block 1143, La Porte Subdivision.
The property is currently undeveloped. The applicant, along with the owner of the property,
would like to change the zoning to PUD with a Special Conditional Use Permit (SCUP) to follow
at a later date, allowing them to construct 2 spec office warehouse facilities, each roughly
30,000 square feet, on the 4.22 acre tract. If approved. The applicant will apply for a
th
street/alley closure for the remaining city ROW (15 St. and 2 allies).
Staff did not receive any returned comment sheets in opposition or in favor of the proposed
request.
The Planning and Zoning Commission, at their July 19, 2018 regular meeting, voted 5-3 to
recommend approval of the proposed Zone Change.
Action Required by Council:
1. Conduct public hearing.
2. Consider action on a recommendation by the Planning and Zoning Commission to approve an
Ordinance for zone change request #18-92000007, for a 4.22 acre tract of land located north
of the W. M St. ROW and is legally described as Lots 1-32, Block 1144 and Lots 17-32 & Tracts
1-16, Block 1143, La Porte Subdivision.
Approved for City Council Agenda
_______________________________ _______________________
Corby D. Alexander, City Manager Date
ORDINANCE NO. _____________
AN ORDINANCE AMENDING CHAPTER 106
ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF A 4.22 ACRE TRACT OF LAND LOCATED ON THE EAST SIDE
TH
OF S. 16 ST. AND NORTH OF THE W. M STREET R.O.W. AND LEGALLY
DESCRIBED AS LOTS 1-32, BLOCK 1144 AND LOTS 17-32 & TRACTS 1-16, BLOCK
1143, LA PORTE SUBDIVISION, FROM GENERAL COMMERCIAL (GC) TO
PLANNED UNIT DEVELOPMENT (PUD); MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. changing the
zoning classification of the following described property, to wit: a 4.22 acre tract of land located
north of the W. M Street R.O.W. and legally described as Lots 1-32, Block 1144 and Lots 17-32
& Tracts 1-16, Block 1143, La Porte Subdivision, Harris County, Texas, from General
Commercial (GC) to Planned Unit Development (PUD).
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion
or portions, the same shall be and remain in full force and effect and to this end the provisions of
this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, TX
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within
consideration in compliance with code provisions.
Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to
reflect the zoning classification established by this ordinance
Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all
prerequisites of law have been satisfied and hereby determines and declares that the amendments
to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments
thereto are desirable and in furtherance of the goals and object
Comprehensive Plan.
Section 8. This ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the______ day of AUGUST, 2018.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Richard Mancilla, Director
July 20, 2018
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone Change Request #18-92000007
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the July 19, 2018
meeting on a zone change request by Steve Adkisson, applicant, on behalf of Carrington F.
Weems, owner; for a zone change of property legally described Lots 1-32, Block 1144 and Lots
17-32 & Tracts 1-16, Block 1143, La Porte Subdivision, from General Commercial (GC) to
Planned Unite Development (PUD). The site is a 4.22 acre tract of land located on the east side
th
of S. 16 St., north of the W. M St. ROW.
The Commission voted 5-3 to recommend approval of the proposed zone change.
Commissioners Follis, smith, and Martin voted against the motion to approve.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
cc: Richard Mancilla, Director of Planning and Development
Department File
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriations
Agenda Date Requested: August 27, 2018
Source of Funds: N/A
Requested By: Ian Clowes___________
Account Number: N/A
Department: Planning and Development
Amount Budgeted: N/A
Report: __X __Resolution: _____Ordinance: _X___
Amount Requested: N/A
Exhibits: Ordinance
Proposed SCUP
Budgeted Item: N/A
P&Z Recommendation Letter
Applicant Information and Request
Aerial Map
Zoning Map
Land Use Map
______________________________________________________________________________
SUMMARY & RECOMMENDATION
Applicant, Kathryn Edwards of BGE Kerry R. Gilbert & Associates, applicant, on behalf of Don Stephens of
Aldersgate Trust, is seeking approval of a SCUP to allow for a skilled nursing facility to locate in the Planned
Unit Development (PUD) Zoning District. The property in question is a 6.95 acre tract of land located on the
west side of Underwood Rd., north of Fairmont and south of Caniff Rd. and is legally described as Tracts 718B,
719, and 719A, La Porte Outlots.
The property is currently undeveloped and zoned Planned Unit Development (PUD). The applicant is
interested in developing a skilled nursing facility on the site. The proposed development will include a 51,000-
sq. ft. building with approximately 124 beds and 62 rooms. The facility will primarily be used by patients who
are transitioning between hospital care and independent living. It will have a compliment of up to 130
professionals and will provide full laundry, dining, and kitchen services in addition to the medical services. The
facility will be a single building composed of all brick and stone elevations (see attached). The one-story
building with also incorporate a traditional pitched room design that is consistent with the surrounding
residential areas.
To date, staff has not received any notices in opposition or in favor of the proposed SCUP application.
The Planning and Zoning Commission, at their July 19, 2018 regular meeting, voted 8-0 to recommend
approval of the proposed SCUP, as presented. Also, Summerwinds HOA spoke at the meeting and are in favor
of this development. The proposed SCUP document includes a list of seven conditions of approval. Below is a
list of all included conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the City of
City of La Porte and the State of Texas.
2.Permitted use on site will be described as Nursing Care Facilities (Skilled Nursing Facilities) NAICS code
623110.
3.The underlying zoning will be NC. All NC development requirements will need to be met.
4.Buildings constructed along Caniff Rd. will be restricted to 1 story.
5.Buildings not along Caniff Rd. may not exceed 2 stories.
6.All necessary documentation for building permit review must be submitted in conjunction with the
7.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this
.
Action Required by Council:
1. Conduct public hearing.
2. Consider approval or other action on a recommendation by the Planning and Zoning Commission to approve
an Ordinance for SCUP #18-91000008
Approved for City Council Agenda
_______________________________ _______________________
Corby D. Alexander, City Manager Date
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 18-91000008, TO ALLOW FOR A NURSING CARE FACILITY
(SKILLED NURSING FACILITY) USE IN A PLANNED UNIT DEVELOPNT (PUD)
ZONING DISTRCT, ON A 6.95 ACRE TRACT OF LAND AND BEING LEGALLY
DESCRIBED AS TRACTS 718B, 719, AND 719A, LA PORTE OUTLOTS, 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;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special
Conditional Use Permit #18-91000008, attached hereto as Exhibit A and incorporated by reference
for all purposes, to allow for a Nursing Care Facility (Skilled Nursing Facility) use on a 6.95 acre
tract of land, said tract being legally described as Tracts 718B, 719, and 719A, La Porte Outlots, La
Porte, Harris County, Texas, and situated within a Planned Unit Development (PUD) zoning district.
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion
or portions, the same shall be and remain in full force and effect and to this end the provisions of
this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, TX. Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in
the City of La Comprehensive Plan.
Section 7. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this the 27 day of AUGUST, 2018.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Patrice Fogarty, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
City of La Porte
Special Conditional Use Permit #18-91000008
This permit is issued to: Smithers Merchant Builders, LP
Owner or Agent
21726 Hardy Oak Blvd, San Antonio, TX 78258
Address
For Development of: La Porte Skilled Nursing Facility
Development Name
SW Corner of Caniff Rd. and Underwood Rd.
Address
Legal Description: A 6.95 acre tract of land legally described Tracts 718B, 719, and 719A,
La Porte Outlots, Harris County, La Porte, TX
Zoning: PUD, Planned Unit Development
Use: Skilled Nursing Facility
Permit Conditions:
This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be
development shall be in accordance with the following conditions:
1. A site development plan shall be submitted in accordance with applicable requirements of the
laws and ordinances of the City of La Porte and the State of Texas.
2. Permitted use on site will be described as Nursing Care Facilities (Skilled Nursing Facilities)
NAICS code 623110.
3. The underlying zoning will be NC. All NC development requirements will need to be met.
4. Buildings constructed along Caniff Rd. will be restricted to 1 story.
5. Buildings not along Caniff Rd. may not exceed 2 stories.
6. All necessary documentation for building permit review must be submitted in conjunction
7. Any substantive modifications to this Special Conditional Use Permit will require an
amendment to this SCUP in accordance with Chapter 106,
Ordinances.
Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time granted
after application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be
rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning
Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the
portion which is undeveloped.
Validation Date:
Director of Planning and Development City Secretary
City of La PortePlanning and Development Department
Established 1892 Richard Mancilla, Director
July 20, 2018
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #18-91000008
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on July 19, 2018 to hear a
Special Conditional Use Permit request by Kathryn Edwards of BGE Kerry R. Gilbert &
Associates, applicant; on behalf of Don Stephens of Aldersgate Trust, owner; for a Special
Conditional Use Permit to allow for a skilled nursing facility use. The subject site is located north
of Fairmont and south of Caniff Rd., and is legally described as Tracts 718B, 719, and 719A, La
Porte Outlots. The subject site is zoned Planned Unit Development (PUD).
The Commission voted 8-0 to recommend approval of the proposed SCUP.
Respectfully submitted
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
cc: Richard Mancilla, Director of Planning and Development
Department File
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
2016
Copyright
www.bgeinc.com
BGE, Inc.Tel: 281-558-8700
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested August 27, 2018
Source of Funds: N/A
Requested By: Patrice Fogarty
Account Number: N/A
Department: City Secretary
Amount Budgeted: N/A
Report X Resolution: Ordinance:
Amount Requested: N/A
Exhibit:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The La Porte City Council is authorized to make appointments to boards, commissions and committees.
Staff has determined the following individuals have agreed to volunteer for another term should Council
wish to appoint them.
Regarding the Airport Advisory Board Consider new appointments or reappointing Hector Villarreal
to Position 4, and Van Wigginton to Position 5, to three-year terms expiring August 31, 2021.
Regarding the Building Codes Appeals Board Consider new appointments or reappointing Paul
Larson to Position 3, and Mike Mosteit to Position 4, to three-year terms expiring August 31, 2021, or
until successors have been appointed and qualified.
Regarding the Civil Service Commission Consider ratifying the appointment of Keith
Trainer to a three-year term expiring August 31, 2021.
Regarding the Chapter 172 Employee Retiree Insurance and Benefits Committee Consider new
appointment or reappointing Aaron Corrales to Retiree Representative to a two-year term expiring
August 31, 2020, or until a successor has been appointed and qualified.
Regarding the Economic Alliance Houston Port Region Consider appointing Mayor Rigby as the City
Board of Directors of the Economic Alliance Houston Port Region. Each of
the 11 member cities of the Economic Alliance H ouston Port Region is represented on the Board by their
Mayor. Mayor Rigby has been serving as the Citys representative and wants to continue.
Regarding the Fire Code Review Committee Consider ratifying Jeff Brown as appointee of Council
District 2, Andy Wilborn as appointee of Council District 3, Mark Follis as appointee of Council District
4, Jim Bridge as appointee of Council District 5, Bryan Moore as appointee of At Large A, and Lynn
Green as appointee of the Mayor, to three-year terms expiring August 31, 2021, or until a successor has
been appointed and qualified.
Regarding the La Porte Fire Control Prevention & Emergency Medical Services District Board
Consider new appointments or reappointing Danny Campise, Thomas Dye III, and Johnny Jones, to
two-year terms expiring August 31, 2020, or until successors have been appointed and qualified.
Regarding the La Porte Area Water Authority Consider new appointments or reappointing Stephanie
Bellew to Member 4 position, and Ken Schlather to Member 5 position, to two-year terms expiring
August 31, 2020, or until successors have been appointed and qualified.
Regarding the La Porte Development Corporation Board (EDC) Consider new appointments or
reappointing Danny Earp, Venessa Guerrero, and Shelley Fuller to two-year terms expiring August 31,
2020, or until successors have been appointed and qualified.
Regarding the La Porte Tax Reinvestment Zone Number One (TIRZ 1) Consider new appointments
or reappointing Barry Beasley to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, and
Chester Pool to Position 7, to two-year terms expiring August 31, 2020, or until successors have been
appointed and qualified.
FYI: TIRZ bylaws state if you are a Board member on the TIRZ, you are also a Board member
on the Redevelopment Authority.
Regarding the La Porte Redevelopment Authority Consider reappointment
of Barry Beasley to Position 2, Horace Leopard to Position 4, J.J. Meza to Position 6, Chester Pool to
Position 7, and appointment of David Janda, LPISD, to two-year terms expiring August 31,
2020, or until successors have been appointed and qualified. position is
vacant at this time.)
FYI: While the ISD and County must appoint their representative to a position on the TIRZ Board, the
Mayor must appoint all members Porte Redevelopment
Authority, with the consent and approval of City Council.
On the TIRZ Board, the City has the first 6 appointments, and other taxing authorities get the other three.
On the Redevelopment Authority, the City appoints all members.
Regarding the Planning and Zoning Commission Consider new appointments or reappointing Hal
, who shall also serve as chairman, Richard Warren as the Council
District 2 appointee, and Jo Ann Pitzer as the Council District 3 appointee, to three-year terms expiring
August 30, 2021, or until successors have been appointed and qualified.
Regarding the Southeast Texas Housing Finance Corporation Board of Directors Consider new
appointment or reappointing Betty Moore as a director to a one-year term expiring on August 31, 2019, or
until a successor has been appointed and qualified.
Regarding the Zoning Board of Adjustment Consider new appointments or reappointing Chester Pool
to Position 1, Thomas Deen to Position 2, Rod Rothermel to Position 3, and Dennis Oian to Position 4, to
two-year terms expiring August 31, 2020, or until successors have been appointed and qualified.
Additionally, the Alternate 1 position on the Zoning Board of Adjustment is vacant, leaving an
unexpired term ending August 31, 2019. Consider an appointment to fill the vacancy through August 31,
2019, or until a successor has been appointed and qualified.
Action Required by Council:
Consider making appointments to various boards, committees and commissions.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
Council Agenda Item
August 27, 2018
9 (a)Receive report of the La Porte Development Corporation Board Meeting Councilmember Nancy
Ojeda
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