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HomeMy WebLinkAbout10-08-18 Regular Meeting of the La Porte City Council 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 REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 24, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, September 24, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER – Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present: Councilmembers Ojeda, Zemanek, J. Martin, K. Martin, Bentley, Kaminski, Engelken, and Earp. Staff present: City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks, and Assistant City Attorney Clark Askins. 2. INVOCATION – The invocation was given by Assistant City Attorney Clark Askins. 3. PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was led by Councilmember Jay Martin. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Steve Gillett, 2601 S. Broadway, addressed Council regarding the Special City Council meeting held on September 6, 2018, with a concern over a possible Charter violation. Chuck Rosa, 812 S. Virginia, addressed Council regarding bond elections. Joey Hulsey, 10844 Spruce Dr. N, declined to speak. th Guadalupe Recendez, 630 N. 13 , addressed Council regarding her home flooding and sewer issues and asked for help. 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 minutes of the Special City Council Meeting held on September 6, 2018 and minutes of the Regular City Council Meeting held on September 10, 2018 – P. Fogarty (b) Consider approval or other action amending dates of regular City Council meetings in November and December 2018 – P. Fogarty (c) Consider approval or other action regarding the Tax Assessor’s certified 2018 ad valorem anticipated collection rate for the City of La Porte – M. Dolby Page 1 of 7 September 24, 2018 Council Meeting Minutes (d) Consider approval or other action regarding an Ordinance amending Chapter 70 “Traffic and Vehicles” of the Code of Ordinances by revising certain regulations related to establishment of school zones within the corporate limits of the City of La Porte – R. Parker (e) Consider approval or other action regarding an Ordinance vacating, abandoning and closing a portion of the West Madison Street right-of-way, located in Blocks 643 and 654, Town of La Porte – I. Clowes Councilmember Engelken made a motion to approve all Consent Agenda items pursuant to staff recommendations. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3720 AN ORDINANCE AMENDING CHAPTER 70 “TRAFFIC AND VEHICLES” OF THE CODE OF ORDINANCES BY REVISING CERTAIN REGULATIONS RELATED TO ESTABLISHMENT OF SCHOOL ZONES WITHIN THE CORPORATE LIMITS OF THE CITY OF LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3721 AN ORDINANCE VACTING, ABANDONING AND CLOSING A PORTION OF THE WEST MADISON STREET RIGHT-OF-WAY LOCATED IN BLOCKS 643 AND 654 OF THE TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to deny an amendment to the City’s Future Land Use Map Component of the Comprehensive Plan for a 6.93 acre tract of land located in the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1 Dawson Subdivision, by changing from “Mid-High Density Residential” to “Commercial”; consider approval or other action regarding an Ordinance amending the City’s Future Land Use Map Component of the Comprehensive Plan for a 6.93 acre tract of land located in the 3400 Block of Canada Rd., and legally described as Reserve A, Block 1 Dawson Subdivision, by changing from “Mid-High Density Residential” to “Commercial”– I. Clowes The public hearing opened at 6:13 p.m. City Planner Ian Clowes presented a combined summary for Items A and B. Bill Ginder, 20322 Stone Moss, Spring TX., addressed Council and provided a map. Mr. Ginder advised the property cannot sell as it is currently configured. There being no additional public comments, the public hearing was closed at 6:19 p.m. Councilmember Engelken made a motion to accept the recommendation of the Planning and Zoning Commission and deny amendment to the City’s Future Land Use Map Component of the Comprehensive Plan. Councilmember Earp seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. (b) Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to deny zone change request #18-92000008, for a change from Mid Density Residential (R-2) to General Commercial (GC) for a 6.92 acre tract of land located in the 3400 Block of Canada Rd., legally described as Reserve A, Block 1 Dawson Subdivision; consider approval or other action regarding an Ordinance amending Chapter 106 “Zoning” of the Code of Ordinances by changing the zoning classification of a 6.92 acre tract of land located in the 3400 Page 2 of 7 September 24, 2018 Council Meeting Minutes Block of Canada Rd., legally described as Reserve A, Block 1 Dawson Subdivision, from Mid Density Residential (R-2) to General Commercial (GC) – I. Clowes The public hearing opened at 6:20 p.m. There being no public comments, the public hearing was closed at 6:20 p.m. Councilmember Engelken made a motion to accept the recommendation of the Planning and Zoning Commission and deny zone change request #18-92000008. Councilmember Earp seconded. MOTION PASSED UNAINMOUSLY 9/0. (c) Public hearing to receive comments regarding the recommendation by the Planning and Zoning Commission to deny Special Conditional Use Permit #18-910000010 to allow for a Hotel/Motel Use in the General Commercial (GC) Zoning District, located on a 2.28 acre tract of land located at 711 W. Fairmont Pkwy., and legally described as Lots 1-16 and 19-32, Block 1103 th and East 30 feet of 7Street right-of-way and adjacent 16-foot alley, La Porte Subdivision; consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning”, by granting Special Conditional Use Permit #18-91000010 to allow for a Hotel/Motel Use in the General Commercial (GC) Zoning District, located on a 2.28 acre tract of land located at 711 W. Fairmont Pkwy., and legally described as Lots 1-16 and 19-32, Block 1103 th and East 30 feet of 7 Street right-of-way and adjacent 16-foot alley, La Porte Subdivision, in the General Commercial (GC) Zoning District – I. Clowes The public hearing opened at 6:21 p.m. City Planner Ian Clowes presented a summary. Martha Gillett, 2601 S. Broadway, addressed Council in opposition to a Holiday Inn Express at the proposed location. John Faught, Austin, TX employee of Holiday Inn Express, addressed Council in favor of the proposed Holiday Inn Express. Theresa Garcia, 1125 Willow Creek Dr., addressed Council in favor of the proposed Holiday Inn Express. Jackie Ramirez, 113 Sylvia, addressed Council in favor of the proposed Holiday Inn Express. Prinisha Bhatt, 908 W. G St., addressed Council in favor of the proposed Holiday Inn Express. Alma Pizana, 3629 Choctaw, addressed Council in favor of the proposed Holiday Inn Express. th Shamin Baigh, 217 S. 7Street, addressed Council in favor of the proposed Holiday Inn Express. Matthew Autin declined to speak. Randy Rabe, 8811 Strang Rd., addressed Council in favor of the proposed Holiday Inn Express. Omar Izfar addressed Council in favor the proposed Holiday Inn Express. Mr. Izfar commented the City of La Porte is well deserving of a high quality hotel at this location and informed there was no one he spoke to who was not in favor of the hotel. Owner Operator of Holiday Inn Express Dimple Patel, 908 W. G St., addressed Council in favor of the proposed Holiday Inn Express and advised of over 100 businesses and residences submitted letters of approval. Mr. Patel also informed council that guests residing at a hotel over 30 days are not required to pay 17% in hotel occupancy taxes. Philip Dunn, 701 San Jacinto, addressed Council in favor of the proposed Holiday Inn Express and advised he does business with the hotel. Page 3 of 7 September 24, 2018 Council Meeting Minutes Chuck Rosa, 812 S. Virginia, addressed Council in favor of the proposed Holiday Inn Express. Councilmember Bentley asked Mr. Patel how many hotels he and his family own and operate. Mr. Patel responded six. Leslie Guzman, 3102 Woodland Court, addressed Council and informed she knows of residents who are opposed to the hotel. Veronica Minor, 428 S. Nugent, addressed Council in favor of the hotel. Councilmember Kaminski asked Mr. Patel if he conducted a traffic study before purchasing the property. Mr. Patel responded no. With no additional public comments, the public hearing was closed at 7:21 p.m. Councilmember Engelken made a motion to accept the recommendation by the Planning and Zoning Commission and deny zone change request #18-910000010. Councilmember Kaminski seconded. MOTION PASSED 7/2. Ayes: Councilmembers J. Martin, K. Martin, Kaminski, Zemanek, Earp, Engelken and Ojeda Nays: Mayor Rigby and Councilmember Bentley Absent: None (d) Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve Special Conditional Use Permit #18-91000011 to allow for a Hotel/Motel use in the General Commercial (GC) Zoning District, located on a 2.39 acre tract of land located at th the southeast corner of the K and 15 Street right-of-way, and legally described as Reserve A, Block 1 Home Porte; consider approval or other action regarding an Ordinance amending the Code of Ordinances of the City of La Porte, Chapter 106 “Zoning”, by granting Special Conditional Use Permit #18-91000011, to allow for the development of a Hotel/Motel use in the General Commercial (GC) Zoning District to be located on a 2.39 acre tract of land located at the southeast corner of the th K and 15Street right-of-way, and legally described as Reserve A, Block 1 Home Porte – I. Clowes The public hearing opened at 7:22 p.m. City Planner Ian Clowes presented a summary. Michael Gaertner provided a presentation and information on how to utilize hotel occupancy taxes for specific projects and the management of hotels in the community. Councilmember Ojeda left the table at 7:26 p.m. and returned at 7:28 p.m. With no additional public comments, the public hearing was closed at 7:45 p.m. Councilmember Bentley made a motion to accept the recommendation by the Planning and Zoning Commission and approve Special Conditional Use Permit #18-91000011 to allow for a Hotel/Motel use in the General Commercial (GC) Zoning District, located on a 2.39 acre tract of land located at th the southeast corner of the K and 15 Street right-of-way, and legally described as Reserve A, Block 1 Home Porte. Councilmember Zemanek seconded. MOTION PASSED UNAINMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3722 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITTIONAL USE PERMIT NO. 18-91000011, TO ALLOW FOR A HOTEL (EXCEPT CASINO HOTELS) AND MOTEL USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRICT, ON A 2.39 ACRE TRACT OFL AND BEING LEGALLY DESCRIBED AS RESERVE A, BLOCK 1, HOME Page 4 of 7 September 24, 2018 Council Meeting Minutes PORTE, 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. (e)Public hearing to receive comments regarding recommendation by the Planning and Zoning Commission to approve an Ordinance amending Chapter 106 “Zoning” of the City of La Porte Code of Ordinances in connection with a comprehensive review and update to Chapter 106, “Zoning”; consider approval or other action regarding an Ordinance amending Chapter 106, “Zoning” of the City of La Porte Code of Ordinances in connection with a comprehensive new and update to Chapter 106, “Zoning” – I. Clowes The public hearing opened at 7:46 p.m. City Planner Ian Clowes presented a summary. There were no public comments, and the public hearing was closed at 7:57 p.m. Councilmember Earp made a motion to accept the recommendation by the Planning and Zoning Commission and approve an Ordinance amending Chapter 106 “Zoning” of the City of La Porte Code of Ordinances in connection with a comprehensive review and update to Chapter 106, “Zoning,” but with a couple of changed, to remove distribution centers and warehouses to be sent back to the Planning and Zoning Commission for a definition and remove NAICS Code 532490 with footnote 18 in the Main Street District. Councilmember Zemanek seconded. MOTION PASSED UNAINMOUSLY 9/0. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3723 AN ORDINANCE AMENDING CHAPTER 106 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IN CONNECTION WITH THE ANNUAL COMPREHENSIVE REVIEW AND UPDATE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. (f)Public hearing to receive comments regarding Harris County’s Method of Distribution (MOD) for the Community Development Block Grant-Disaster Recovery (CDBG-DR) Round 1 Funds for the Hurricane Harvey – L. Wingate The public hearing opened at 8:00 p.m. City Engineer Lorenzo Wingate presented a summary. Councilmember Bentley left the table at 8:02 p.m. and returned at 8:02 p.m. There being no public comments, the public hearing was closed at 8:09 p.m. 7. RESOLUTIONS/AUTHORIZATIONS (a) Consider approval or other action regarding a Resolution adopting the 2018 Appraisal Roll of the Harris County Appraisal District – M. Dolby Finance Director Michael Dolby presented a summary. Councilmember Zemanek made a motion to adopt a Resolution adopting the 2018 Appraisal Roll of the Harris County Appraisal District. Councilmember Engelken seconded. MOTION PASSED UNAINMOUSLY 9/0. (b) Consider approval or other action regarding an Ordinance establishing the tax rate for the City of La Porte for the current tax year (2018) for a total tax rate of $0.71 per hundred dollar valuation - M. Dolby Finance Director Michael Dolby presented a summary. Page 5 of 7 September 24, 2018 Council Meeting Minutes Councilmember Engelken made a motion to approve an Ordinance establishing the tax rate for the City of La Porte for the current tax year (2018) for a total tax rate of $0.71 per hundred dollar valuation. Councilmember J. Martin seconded. MOTION PASSED 8/1. Ayes: Mayor Rigby, Councilmembers Bentley, J. Martin, K. Martin, Kaminski, Zemanek, Engelken and Ojeda Nays: Councilmember Earp Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3724 AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE, FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 8. DISCUSSION AND POSSIBLE ACTION (a) Consider approval or other action regarding a Resolution appointing a representative and an alternate to the Houston Galveston Area Council (H-GAC) 2019 General Assembly and Board of Directors – P. Fogarty City Secretary Patrice Fogarty presented a summary. Councilmember Ojeda made a motion to approve a Resolution appointing Councilmember Engelken as representative and Councilmember Bentley as alternate to the Houston Galveston Area Council (H-GAC) 2019 General Assembly and Board of Directors. Councilmember Bentley seconded. MOTION PASSED UNAINMOUSLY 9/0. 9. REPORTS (a) Receive report of the Fiscal Affairs Committee Meeting – Councilmember Chuck Engelken Councilmember Chuck Engelken provided an update of the Fiscal Affairs Committee Meeting held prior to the City Council Meeting. 10. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised Council that Staff will follow up with Ms. Recendez and the issues of flooding at her home and informed Council that Staff has been working diligently to obtain post Harvey funding and will continue the efforts. 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies – Councilmembers Engelken, Earp, Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Bentley and Mayor Rigby Councilmember J. Martin commented the hotel presentations were very informative; he wishes the Holiday Inn Express would stay in La Porte; the Planning Department can be more proactive in addressing issues of why the City is not attracting businesses for economic development in particular zones; welcomed Councilmember Kaminski back and wished her the best; Councilmember K. Martin requested City Manager Corby Alexander keep her in the loop on Ms. Recendez’s flooding issue; commented the location of the Holiday Inn Express was going to affect the residents on the side of town and maybe a restaurant is more suitable for the particular side of town; Councilmember Kaminski informed she also had citizens contact her in opposition to the Holiday Inn Express and the potential of traffic, and she is pleased with the new El Toro and Hartz Chicken coming to the City; Councilmember Zemanek wished Councilmember Kaminski the best on her procedure on Wednesday; commented on the condition of the Air National Guard building, and Page 6 of 7 September 24, 2018 Council Meeting Minutes thanked Council for approving funding for a new Recreation and Fitness Center; Councilmember Bentley commented the meeting was very productive tonight; expressed concerns of the Planning and Zoning Commission not being presented the same presentation presented at tonight’s meeting and commented the recommendation may have been different; commented he is impressed with the process of the PAC meetings; advised he visited the Municipal Court and sat with Assistant City Attorney Clark Askins, and commented he is looking forward to National Night Out; Councilmember Engelken commented Holiday Inn Expresshotels are good hotels, it just needs a better location; commented the presentations of the hotels were both interesting; commented an audit should be conducted on all hotels to confirm accurate funding of hotel occupancy taxes and encouraged the City to spray for mosquitoes with the recent rain events; Councilmember Earp wished Councilmember Kaminski the best with her upcoming procedure; requested Staff work with the Planning and Zoning Commission on the type and location of hotels; and the City to explore the hotel licensing concept presented tonight; Councilmember Ojeda requested the list of types of hotels be forwarded to the Planning and Zoning Commission for their information; and Mayor Rigby thanked the Chamber of Commerce for hosting the First Responders’ Breakfast that was well attended; he commented the only phone call he received in regards to the hotel was from Mr. Patel asking if he could sit down and give that presentation that they gave tonight; he stated he guesses the consensus is that it was the location; so, two blocks this side of 146 is bad and two blocks the other side of 146 is good; he doesn’t get it because he said the cars are still going to be on Fairmont Parkway; and they are told you’ve got a great product, we’d really like to have you, but we don’t want you there. Mayor Rigby stated about two years ago he recommended to this Council that Council look at an ordinance similar to the one the City has for apartment complexes that says you can’t build an apartment complex within a thousand feet of an existing one. Mayor Rigby continued that at the time, one councilman said, “I think if someone has enough money to build a hotel, they ought to be able to build it.” “Well, I guess that changed, because we are not going to allow that person to build this hotel.” 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:30 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on October 8, 2018. ________________________________ Mayor Louis R. Rigby Page 7 of 7 September 24, 2018 Council Meeting Minutes you there. Mayor Rigby stated about two years ago he recommended to this Council that Council look apartment complex within a thousand feet of an existing one. Mayor Rigby continued that at the time, Well, I guess that changed, because we are not going to allow that person to build this hotel. 12. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:30 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 9/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on October 8, 2018. ________________________________ Mayor Louis R. Rigby Page 8 of 8 September 24, 2018 Council Meeting Minutes 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 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE SEPTEMBER 6, 2018 The City Council of the City of La Porte met in a special meeting on Monday September 6, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Ojeda, Zemanek, J. Martin, Bentley, Kaminski, Engelken, and Earp. Absent: Councilmember K. Martin. Also present were City Secretary Patrice Fogarty and City Manager Corby Alexander 2. INVOCATION The invocation was given by Councilmember Jay Martin. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Danny Earp. 4. PUBLIC COMMENTS (Limited to five minutes per person.) No members of the public presented for public comments. 5. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action to provide direction to the City Manager regarding the City of La Porte Fiscal Year 2018-2019 tax rate and Fiscal Year 2018-2019 budget - C. Alexander City Manager Corby Alexander stated that at the last budget discussion, there were a number of items he wanted to follow-up on with Council for direction. He proposed going through each item to get direction from Council. Mr. Alexander stated the first item is regarding raising the tax rate by $.05. There was a concern by staff regarding whether going up five cents would put us above rollback. After doing the calculations, he reported that five cents does not put the City above rollback; so, it is an option that Council could consider without having a rollback election. He stated would like to pursue, there are public hearings that must happen; so, staff needs direction on this tonight so that publication of the hearings can be made according to law. Councilmember Bentley asked about the proposed schedule. Mr. Alexander stated the proposed schedule would be th publication of the public hearings in the 13 edition of the Bay Area Observer, stating there will be a th special meeting on the 20 for the first public hearing and the second public hearing at the regular th meeting on 24. The tax rate adoption cannot be sooner than a week after the second public hearing; so, the tax rate could be adopted at a meeting October 1 thru October 8. October 8 is the first regular Council meeting in October. Councilmember Zemanek spoke and informed Council that it is his idea to increase the tax rate in order to earmark projects for a new fitness center; revamping the Fitness Center for the seniors once there is a new building; a stipend for city employees paid in November 2018; turfing the Pecan Page 1 of 9 September 6, 2018 Council Meeting Minutes Park baseball fields; drainage improvements;and increase funding for summer youth programs. He stated regarding priority of the items, he wants the stipend for employees this year, do the fitness center, the programs for the youth during the summer, the revamping of the current center for the seniors, and the turfing of the baseball fields will have to come after the other projects are completed and paid for. The increase of the tax rate would be earmarking these specific projects. Councilmember Zemanek passed out photos of the Fitness Center showing damages which, in his opinion, prove the need for renovation to it and building of a new Recreation and Fitness Center. He stated the current building is past its usefulness. Mayor Rigby asked how old is the building? Councilmember Zemanek said over 50 years old. Mayor Rigby disagreed and stated the building was built around 1987-1988. Councilmember J. Martin commented he is not opposed to a new fitness center, but it is hard for him to vote to raise taxes. He asked about other financing options besides raising taxes. City Manager Alexander stated staff has not explored in depth other financing options. He stated it is probably permissible to use Hotel Motel funds to turf the ballfields because that is a permitted use. Councilmember J. Martin stated if we already authorized a 10,000-square-foot expansion of the Fitness Center new fitness center. He would like to explore the idea of having a bond election and let the citizens vote it up or down. Councilmember Zemanek stated that it took 11 years from the bond election to opening day of the wait 11 years; and stated the Fitness Center cannot stand waiting another 11 years. Mayor Rigby asked why is the maintenance of this building not being kept up? Mr. Alexander said he and staff will be discussing this. Councilmember Ojeda commented she is not opposed to a new fitness center but agrees with Councilmember J. Martin that citizens should have an input on a tax rate increase. Councilmember Earp commented he is opposed to raising taxes. He stated that going through the budget, he believes we will find others ways to fund a new fitness center. Mayor Rigby stated that if it is the decision of the council to build one and figure out how to pay for it later, we still need to maintain all facilities. Councilmember Engelken commented he does not want to see taxes increased and more can be done if we get out of status quo and try to change status quo. He said maintenance for City facilities is pathetic and he holds City administration accountable for all City facilities and that staff should do a better job on maintenance. City Manager Corby Alexander continued with potential budget decreases. Council agreed to cut Automated Server Monitoring by $35,000 and Consulting Fees by $5,000. Mr. Alexander recommended not to eliminate the Director of Planning position budgeted at $137,000. Councilmember Zemanek asked if the Director of Planning will have an engineering background. Mr. Alexander responded there are quite a few attractive resumes coming in but none have an engineering background. Council agreed to keep the position and an engineering background is not required. Council agreed to cut the Liability Insurance Fund by $30,000. Page 2 of 9 September 6, 2018 Council Meeting Minutes Council agreed to cut the Legal/Prosecutor proposed budget of $285,000 by $101,000, leaving $184,000 in funds to pay for the City Attorney and also to hire a prosecutor as a full-time employee, but not to also hire a paralegal. Council agreed they do want to hire a full time prosecutor. How it will be structured will be discussed in the future, stating City staff may want to consult with the Olson & Olson Law Firm provisions. City Manager Corby Alexander passed out a revision of what was in the packet regarding fees for the golf course. He stated he felt tasked with reducing the deficit in terms of the difference between what the golf course brings in in revenue vs. what it costs to operate the golf course. And to attempt to do that he recommended two things: one, to adjust the fees; and two, the City will aggressively market the golf course. He went on to say the City will do that no matter what. As it relates to fees on the handout Mr. Alexander passed out at the meeting, if Council makes all the changes shown, revenue would increase $86,000 if our number of rounds holds the same. He asked for direction from Council as to whether they wish to make the fee adjustments all at once or phase them in. Mayor Rigby asked if there is anyone who wants to reduce the current golf course subsidy from the general fund. Councilmember Engelken stated he agrees to reduce the deficit. Councilmember J. Martin commented he does not support this reduction in subsidy and, indeed, believes City spending needs to increase. He stated the golf course generates twice as much revenue as the rest of the Parks Department, including the fitness center and the Wave Pool. He stated they are talking about spending millions for parks amenities and cutting back on spending for the golf course. He stated if the City is going to talk about spending on amenities, the City needs to step up for the golf course and applaud the hard work that goes on out there and raise it to the next level. If we were going to raise taxes, I would add that golf course improvements need to be added. Councilmember Zemanek provided comments about the number of rounds and fees. Alex Osmond stated he and staff discussed it, and they would like to increase cart fees immediately and next year increase the charge for membership green fees since those were just increased last year. Councilmember Earp stated his original thought was a reduction of $200,000 of subsidy for the golf course from the general fund, but he came away with recommending a $70,000 reduction in subsidy so that it keeps everyone whole and moving forward. Councilmember Ojeda made a motion to approve new rates for golf carts and green fees for residents and non-residents and leave memberships at the status quo. Councilmember J. Martin seconded. MOTION FAILED. Ayes: Mayor Rigby, Councilmembers J. Martin and Ojeda Nays: Councilmembers Kaminski, Zemanek, Bentley, Engelken and Earp Absent: Councilmember K. Martin Page 3 of 9 September 6, 2018 Council Meeting Minutes Councilmember Zemanek made a motion to approve the rate fee structure as presented tonight by the City Manager which is the $2.00 cart fee; $2.00 non-resident; $1.00 resident; and the membership increases. Councilmember Earp seconded. MOTION PASSED. Ayes: Councilmembers Earp, Engelken, Bentley, Zemanek and Kaminski Nays: Mayor Rigby, Councilmembers J. Martin and Ojeda Absent: Councilmember K. Martin City Manager Corby Alexander stated that is $86,000. Regarding merit pay for non-civil service employees, City Manager Corby Alexander recommended not reducing the $486,000 proposed funding by $186,000. Mr. Alexander pointed out that while budget he would like Council to consider not reducing this item. One is because reduced merit increases would be given to non-civil service employees, and civil service employees would not be given reduced increases, which could impact morale. He also stated that in the past, good recruitment and retention tools, and any change in that would have a negative impact on those two fronts. Mr. Alexander stated that if Council does choose to move forward with a stipend, every non-civil service employee could be given $1,000; and that would cost $300,000. If non-civil service employees received $1,500, that would cost $450,000. Councilmembers Zemanek and Earp stated they are in favor of a $1,000 stipend for non-civil service city employees. Councilmember Earp said if Council was willing to do the $186,000 reduction, we could still give employees a $1,000 stipend, which would be for this budget year only. Council discussed merit increases and the past market study. Councilmember J. Martin provided comments regarding the recent market study. He stated getting back in the same boat we just tried to get out of. He also commented he would like to continue with merit increases. Councilmember Zemanek made a motion to give all non-civil service employees a $1,000 stipend payable in their November paycheck in lieu of merit increases. Councilmember Earp seconded. MOTION FAILED. Ayes: Councilmembers Earp, Zemanek and Kaminski Nays: Mayor Rigby, Councilmembers Ojeda, J. Martin, Engelken and Bentley Absent: Councilmember K. Martin Councilmember Engelken made a point to reiterate what merit stands for, which is performance, not under-performance; and what he saw in those maintenance pictures of the fitness center was of under-performance, and he expects management to hold their department heads accountable for that. Councilmember Bentley commented his nay vote was not that he does not want to compensate employees but because a one-time stipend does not go as far as a merit increase on a paycheck; he would like the City to do better than mid-range on the pay scale. Councilmember Earp made a motion to reduce the merit fund by $186,000 and stick to the merit-based system, but allocate $300,000 for merit raises instead of $486,000. Councilmember Ojeda seconded. MOTION PASSED. Page 4 of 9 September 6, 2018 Council Meeting Minutes Councilmember J. Martin asked are merit raises separate from cost of living raises. Mayor Rigby said yes. City Manager Alexander reiterated there is no cost of living adjustment included in the proposed budget. Mayor Rigby restated the motion, which is to keep merit increases for a total of $300,000. Councilmember Bentley stated he looked at the figures, and $486,000 is pretty reasonable and gets us in the right direction to get wages up where they can be more competitive. Councilmember J. Martin asked for the motion, again. Mayor Rigby restated the motion is to keep the merit increases in the budget for a total of $300,000. got a $300,000 futhat Council is not mandating any changes in zero to five, but Mayor Rigby asked for the vote. MOTION PASSED. Ayes: Councilmembers Ojeda, Kaminski, Zemanek, Engelken, and Earp Nays: Mayor Rigby, Bentley and J. Martin Absent: Councilmember K. Martin Councilmember Zemanek made a comment in response to Councilmember E comment, stating he does not think it is fair to blame department heads for conditions of their buildings if we only give them X number of dollars ce budget is for the Rec Center probably Councilmember Engelken stated that every employee in the City has an obligation to bring up to their supervisor, and their supervisor should bring it up to their manager when they see problems. The Rec Center is not the only building he has seen that is in disarray. The culture needs to change to become more proactive to the betterment of the City as a whole. Regarding pharmacy changes, City Manager Corby Alexander recommended going with a formulary change and cutting $250,000; and Council agreed to the cut. Regarding stop loss coverage, Council agreed to leave the $480,000 in the budget, wait for the bids for coverage of premiums, and also check to be sure it is legal to discontinue Stop Loss coverage. Council recessed for a break at 7:36 p.m. and returned at 7:47 p.m. Councilmember Kaminski returned to the table at 7:48 p.m. City Manager Corby Alexander recommended to remove the Drainage Interconnect project for $250,000 due to the developer taking on the expense of the project. Council agreed to remove the project. City Manager Corby Alexander recommended removing a portion of the funding of the Spencer Masonry Fence project for the south side in an amount of $380,400. Councilmember Ojeda informed she is not in favor of removing the project because the south side looks the worst. Page 5 of 9 September 6, 2018 Council Meeting Minutes Councilmember Earp made a motion to remove $380,400 from the project budget and proceed with the north side fence and sidewalk, and reserve the south side for a later date. Councilmember Engelken seconded.MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Earp, Kaminski, Zemanek, J. J. Martin, Earp and Engelken Nays: Councilmember Ojeda Absent: Councilmember K. Martin City Manager Corby Alexander recommended not reducing Motor Pool Lease Fees of $236,000, and Council agreed. City Manager Alexander recommended no Public Works Reduction of Force of $974,000. Councilmember Earp withdrew his request, and Council agreed to no Public Works Reduction of Force. City Manager Alexander recommended to not reduce Fleet Maintenance by $159,000. Councilmember Earp withdrew his request, and Council agreed to leave it in there. City Manager Alexander recommended to reduce contingency by $100,000 to $250,000 instead of $350,000. Council agreed. City Manager Alexander advised a new position request of $102,000 was miscoded on the large spreadsheet of the budget, and there is not a request for a new position. He clarified this is not a savings because the money is still in the budget, but this item was simply miscoded on the large spreadsheet provided to Council. Regarding the next item, City Manager Corby Alexander brought up the position of tax assessor/collector. There is $100,000 in the budget to fund this position. He stated it is his understanding that Council still wants this position, and staff will continue efforts to bring this position back in-house. Councilmember Zemanek asked if staff is pleased with the work performed by Goose Creek Consolidated School District. Mr. Alexander responded yes. Councilmember Ojeda stated it would ur citizens think Rigby asked Council whether there is an objection to removing this position from the budget. There was no Council objection to removing the position from the budget. City Manager Corby Alexander informed Council that there has been an increase of $600,000 over the past three years for Electric Franchise Fees. No further franchise fee increases are anticipated. City Manager Corby Alexander recommended eliminating funding of $430,000.00 for Phase 1 of a Private Fiber Network. Staff will come back to Council next April regarding this issue. Council agreed with the $430,000 reduction . (b) Discussion and possible action to propose a Fiscal Year 2018-2019 tax rate for the City of La Porte and establish public hearing dates (if applicable) as required by State law - J. Weeks Assistant City Manager Jason Weeks presented a summary. He stated that this item is being discussed because if Council decides to consider a rate other than the $.71 which the proposed budget was based on, if it goes higher than the effective tax rate, then the Mayor will need to announce the public hearings and the date to adopt, which is in the agenda item background. Page 6 of 9 September 6, 2018 Council Meeting Minutes Mayor Rigby stated the tax rate as proposed by staff at $.71 per hundred. City Manager Alexander replied yes, sir. Mayor Rigby stated that he knows at least two councilmembers have differing opinions, and asked for discussion. Councilmember Earp commented after reviewing the proposed budget with staff, he is not asking for a reduction in the tax rate. Councilmember J. Martin made a motion to keep the tax rate at $0.71 per $100 of property valuation, and incorporate the budget changes discussed tonight. Councilmember Bentley seconded. Mayor Rigby reminded Council that the budget is not being approved tonight; that will be on th September 10 agenda with a public hearing. There must be a public hearing before Council can pass the budget. Councilmember Zemanek commented he has some rough numbers from what Council did tonight; we saved $1.95 million out of the budget and asked is this Council willing to earmark some of this savings to moving forward with the project of the new fitness center? Councilmember Earp commented he is in favor of it and was originally going to propose to allocate about $2 million to start the funding, but to keep the budget fairly flat and not impact it from where as far as the total dollars we were at, we would have to reduce it to start with to about $1.5 million, which would get us to where we are kind of budget neutral from what we cut vs. to be able to start our fund towards our rec center, . Councilmember hesitant to earmark money for something that we have no idea what . Mayor Rigby stated the first thing Council needs to do is determine if it is something this Council wants to do repair, upgrade, add on to the current one, or build a new one at another location. Councilmember J. Martin asked what kind of account would we set up if we were to earmark funds? City Manager Alexander stated we would have to set up a project, which is how we carry money over year to year, like we would for any other CIP project; and we would allocate the dollars as you funding allocation met your construction cost. Councilmember J. Martin ask if Council did that, would the $1 million allocated out of the EDC be taken out and put it into this fund? If we are not going to do an expansion, and we are going to look at moving forward with new construction, would the EDC money be available for this fund? City that question from a legal standpoint, he believes the answer would be yes, because he does not think there is a legal difference between expanding a fitness center and building a new one. Councilmember Earp asked if Council approves the budget without earmarking money for certain things, is Council free to come back two months from now if staff does due diligence and the Council has time to look at something and figure it out, are we free to come back at that time and move that money, because right now it would be just going into excess funds now, right? City Manager Alexander stated that what would necessarily benefits of the Councilmember Earp stated get the benefits of the cuts and possibly earmark those for the projects that were put forth. Mayor Rigby stated what I heard you say is put the money that we reduce the budget by tonight into a reserve fund and then two months, three months, whatever, from now, we come back and say we want to allocate X amount to this project. City Manager Alexander said he just wants to make sure we include whatever, if it Page 7 of 9 September 6, 2018 Council Meeting Minutes ,is go ahead and decrease the budget those line items discussed tonight, total that up and have a separate - could. Assistant City Manager Jason Weeks informed Council they can come back later and consider an item to take from an unassigned fund balance so that you just move it into reserved. So the cash is already going into an unassigned fund balance so all doing is reserving it, just moving it from the one line item to another; and once it goes in there, the only way it can be moved out is if you release it. City Manager Alexander stated either scenario gets you to where you want to be. Councilmember Zemanek stated he still wants to ask his question, does this Council have a problem with earmarking funds for a new rec center. Several have a problem with it. Mayor Rigby is to establish, not adopt, establish a 71-cent-per-$100 valuationwBut that says nothing about earmarking funds Councilmember J. Martin Councilmember J. Martin stated, I move that we adopt a $.71 per $100 valuation tax rate and earmark any savings that we may haveMayor Rigby interjected, Establish, not adopt. Councilmember J. Martin establishtonight be earmarked towards a fund to look at building a new fitness center and other amenities. Mayor Rigby asked Councilmember Bentley if he was still okay with the second on that, and he agreed. Mayor Rigby asked if everyone understands the motion; hearing no response, he then asked for the vote. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Earp, Ojeda, Kaminski, Zemanek, J. Martin, Earp and Engelken Nays: None Absent: Councilmember K. Martin 6. ADMINISTRATIVE REPORTS There were no additional comments. 7. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers Earp, Ojeda, J. Martin, K. Martin, Kaminski, Zemanek, Bentley, Engelken, and Mayor Rigby Councilmember Earp thanked Staff for their work during the budget process and answering his questions and commented he is not pleased with a campaign by the Economic Development Coordinator to Bring Beer to the Bay because it sends a negative message from the City and informed he is not against any craft brewery but just believes it sends the wrong message; Councilmember Ojeda concurred with Councilmember Earp comments regarding the beer campaign; she thanked department directors for working with Council during the budget process; Councilmember J. Martin commented the budget discussions were good and thanked Councilmember Earp for bringing the issues to City Council for consideration and commented it is a good idea to get started on the north side fence and then later work on the south side; Councilmember Kaminski thanked Staff for their hard work during the budget process; Councilmember Zemanek recognized Councilmember Kristin Martin on the birth of her son; and wished a speedy recovery; and thanked everyone for attending the meeting; Councilmember Bentley thanked Staff for their work during the budget process and commented the City needs to get employee salaries to market compensation; Councilmember Engelken thanked Staff for their work during the budget process; and Mayor Rigby commented he appreciates all of the departments along with City Manager Corby Alexander. Page 8 of 9 September 6, 2018 Council Meeting Minutes 8. ADJOURN There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:31 p.m. CouncilmemberZemaneksecondedthemotion. MOTION PASSED UNANIMOUSLY 8/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on September 24, 2018. ________________________________ Mayor Louis R. Rigby Page 9 of 9 September 6, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested:October 8, 2018 Source of Funds: N/A Requested By:Patrice Fogarty, City Secretary Account Number: N/A Department:City Secretary Amount Budgeted:N/A Report: Resolution:Ordinance:X Amount Requested:N/A Exhibits:Ordinance Budgeted Item:YESNO SUMMARY & RECOMMENDATION The City is ordering a special election on December 8, 2018, for the purpose of electing a city official to the vacant position of Councilperson-at-large—Position B for the remainder of the unexpired term of office, which expires May 2, 2020. Filing begins on Tuesday, October 9, 2018 Filing deadline is Monday, October 29, 2018 Early voting begins Wednesday, November 21, 2018 Early voting two 12-hour days: Wednesday, November 28, and Tuesday, December 4, 2018 Early voting ends Tuesday, December 4, 2018 Election date is Saturday, December 8, 2018 Action Required by Council: Consider approval or other action to adoptan ordinance ordering a special electionfor Saturday, December8, 2018,for the purpose of electing a city official to the vacant position of Councilperson-at-large—Position B for the remainder of the unexpired term of office, which expires May 2, 2020. Approved for City Council Agenda Corby D. Alexander, City ManagerDate ORDINANCE NO. 2018-______ AN ORDINANCE ORDERING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UNEXPIRED TERM OF COUNCILPERSON-AT-LARGEPOSITION B; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR FILING DEADLINE FOR CANDIDATES; PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. A special election shall be held within the corporate limits of the City of La Porte, Texas, on the 8th day of December, 2018, such day being the second Saturday in December, 2018, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing a city official to the position of Councilperson-at-largePosition B, for the remainder of the unexpired term of such office which expires on May 2, 2020. Section 2. Said election shall be held at the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: Election Precinct #1 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at a point on the east right-of-way line of Underwood Road, said point being the southwest corner of Tract 490B-1, La Porte Outlots, and the northwest corner of Reserve A1, Block 14, Creekmont, Section 2; THENCE in a westerly direction a point for corner on the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west right-of-way line of Underwood Road to its projected intersection with the north right-of-line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to the southwest corner of Tracts 30A & 30A-1, Strang Subdivision; THENCE in a northerly direction along the west line of Tracts 30A & 30A-1, Tracts 17A & 18, and Tracts 17A-1 & 18A, Strang Subdivision, to a point for corner at the northwest corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in an easterly direction along the north line of Tracts 17A-1 & 18, Strang Subdivision to a point for corner at the northeast corner of Tracts 17A-1 & 18, Strang Subdivision; THENCE in a southerly direction along the east line of Tracts 17A-1 & 18, Tracts 17A & 18, and Tracts 30A & 30A-1, Strang Subdivision to a point for corner at the southeast of Tracts 30A & 30A-1, said point being located on the north right-of-way line of State Highway 225; THENCE in a southeasterly direction along the north right-of-way line of State Highway 225 to its intersection with the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in a westerly direction along the centerline of Old La Porte Road to the west right-of- way line of Sens Road; THENCE in a southerly direction along the west right-of-way of Sens Road to the centerline of Sens Road; THENCE in a southerly direction along the centerline of Sens Road to the projected northeast corner of Tracts 1A & 1B, La Porte Outlots; THENCE in a westerly direction along the north line of Tracts 1A & 1B, Lot 2, Lot 3, Lot 4, Lots 5 & 6, Lot 7, Lots 8, 13 & 28, and Lots 9, 10, 10-1/2, 11, 11-1/2, 30 & 30-1/2 to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in a southerly direction along the east line of Tract 471, La Porte Outlots to a point at the southeast corner of Tract 471, La Porte Outlots; THENCE in a westerly direction along the south line of Tracts 471, Tracts 471D & 471D-1 and Tract 471D-2, to the east line of the City of La Porte Municipal Airport; THENCE in a southerly direction along the east line of the City of La Porte Municipal Airport to the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to the centerline of Farrington Boulevard; THENCE in a northerly direction along the centerline of Farrington Boulevard to the centerline of Meadow Place Drive; THENCE in a westerly direction along the centerline of Meadow Place Drive to its projected intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to the projected north line of the Creekmont Subdivision; THENCE in a westerly direction along the north line of the Creekmont Subdivision to POINT OF BEGINNING of the herein-described District 1 boundary. 2 Election Officials: Isabelle Salas, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #2 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and a line projected south from the southwest corner of Tract 17K, W.M. Jones Survey, A-482; THENCE in a northerly direction along the west line of Tracts 17K, 17K-1, 17-D, 17E & 17R, and 17M, W.M. Jones Survey, A-482, to its projected intersection with the north right-of-way line of Spencer Highway (West Main Street); THENCE in an easterly direction along the north right-of-way line of Spencer Highway (West Main Street) to its intersection with the projected centerline of Clarksville Road; THENCE in a southerly direction along the centerline of Clarksville Road to its intersection with the centerline of Carlow Lane; THENCE in an easterly direction along the centerline of Carlow Lane to its intersection with the centerline of Underwood Road; THENCE in a southerly direction along the centerline of Underwood Road to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 2 boundary. Election Officials: Isabelle Salas, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #3 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the centerline of Underwood Road; 3 THENCE in a northerly direction along the centerline of Underwood Road to its intersection with the centerline of Carlow Lane; THENCE in a westerly direction along the centerline of Carlow Lane to its intersection with the centerline of Clarksville Road; THENCE in a northerly direction along the centerline of Clarksville Road to its intersection with the north right-of-way line of Spencer Highway; THENCE in an easterly direction along the north right-of-way of Spencer Highway (West Main Street) to its intersection with the west right-of-way line of Underwood Road; THENCE in a northerly direction along the west line of Underwood Road to its intersection with the projected northernmost boundary of the Creekmont Subdivision; THENCE in an easterly direction along the north line of the Creekmont Subdivision to its intersection with the centerline of Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a southerly direction along the centerline of Big Island Slough to its intersection with the centerline of Hillridge Road; THENCE in a westerly direction along the centerline of Hillridge Road to its intersection with the centerline of Roseberry Drive; THENCE in a southerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Rocky Hollow Road; THENCE in a westerly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its intersection with the centerline of Clairmont Drive; THENCE in a westerly direction along the centerline of Clairmont Drive to its intersection with the centerline of Rosemont Drive; THENCE in a southerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Parkway Drive; THENCE in an easterly direction along the centerline of Parkway Drive to its intersection with the centerline of Willmont Road; THENCE in a southerly direction along the centerline of Willmont Road to its projected intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to its intersection with the centerline of Underwood Road being POINT OF BEGINNING of the herein- described District 3 Boundary. 4 Election Officials: Isabelle Salas, Presiding Judge Hector Villarreal, Alternate Presiding Judge Election Precinct #4 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: BEGINNING at point at the intersection of the centerline of Spencer Highway (West Main Street) and the projected east line of the City of La Porte Municipal Airport; THENCE in a northerly direction along the east line of the City of La Porte Municipal Airport to the westernmost northwest corner of Lots 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, La Porte Outlots; THENCE in an easterly direction along the south line of Tracts 471D-2, 471D & 471D-1, and 471, La Porte Outlots, to the southeast corner of Tract 471, La Porte Outlots; THENCE in a northerly direction along the east line of Tract 471, La Porte Outlots, to the southwest corner of Lots 231 & 232, La Porte Outlots; THENCE in an easterly direction along the north line of Tracts 9, 10, 10-1/2, 11, 11-1/2, 30 and 30-1/2, Lots 8, 13, & 28, Lot 7, Lots 5 & 6, Lot 4, Lot 3, Lot 2, and Tracts 1A & 1B, La Porte Outlots, to the centerline of Sens Road; THENCE in a north THENCE in a westerly direction along the west right-of-way of Sens Road to its intersection with the centerline of Old La Porte Road; THENCE in an easterly direction along the centerline of Old La Porte Road to its intersection with the centerline of Sens Road; THENCE in a northerly direction along the centerline of Sens Road to its intersection with the north right-of-way line of State Highway 225; THENCE in an easterly direction along the north right-of-way line of State Highway 225 to the northeast corner of Tract 12A, Enoch Brinson Survey, A-5; THENCE in a westerly direction along the north line of Tract 12A and Tract 12B, Enoch Brinson Survey, A-5, to the east right-of-way line of Strang Road; 5 THENCE in a northerly direction along the east right-of-way of Strang Road to the northwest corner of Tract 13D-3, Staashen Subdivision; THENCE in an easterly direction along the north line of Tracts 13D-3 and Tract 13D, Staashen Subdivision, to the west right-of-way of State Highway 146; THENCE in a northeasterly direction along the west right-of-way of State Highway 146 to its intersection with the shoreline of San Jacinto Bay; THENCE in a westerly direction along the meanders of the shoreline of San Jacinto Bay to a point for corner at its intersection with the north boundary line of the La Porte Independent School District; THENCE in an easterly direction along the north line of La Porte Independent School District to its intersection with an imaginary line 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel; THENCE in a southeasterly direction along said imaginary line situated 2,500 feet distant from, parallel to, and southwest of the centerline of the Houston Ship Channel to its intersection with THENCE in a westerly direction along the north line of the City of Morgan northward from the east right-of-line of North Broadway; THENCE in a southerly direction along the east line of North Broadway to its intersection with east line of Donaldson Avenue; THENCE in a southeasterly direction along the east line of Donaldson Avenue to its intersection with the centerline of South Nugent Avenue; THENCE in a southeasterly direction along the centerline of South Nugent Avenue to its intersection with the centerline of Park Street; THENCE in a southwesterly direction along the centerline of Park Street to its intersection with the centerline of South Ohio Avenue; THENCE in a northwesterly direction along the centerline of South Ohio Avenue to its with the centerline of South Broadway; 6 THENCE in a southerly direction along the centerline of South Broadway to its intersection with the centerline of Fairmont Parkway; THENCE in a westerly direction along the centerline of Fairmont Parkway to its intersection with th the centerline of South 16 Street; th THENCE in a northerly direction along the centerline of South 16 Street to its intersection with th the centerline of South 17 Street; th THENCE in a northerly direction along the centerline of South 17 Street to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in a westerly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the projected east line of the City of La Porte Municipal Airport and the POINT OF BEGINNING of the herein-described District 4 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Debbie Yancy, Alternate Presiding Judge Election Precinct #5 Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Precinct Boundaries: TRACT 1: BEGINNING at the intersection of the centerline of Spencer Highway (West Main Street) and the centerline of Fleetwood Drive; THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to th its intersection with the centerline of South 17 Street; th THENCE in a southerly direction along the centerline of South 17 Street to its intersection with th the centerline of South 16 Street; th THENCE in a southerly direction along the centerline of South 16 Street to its intersection with the centerline of Fairmont Parkway; 7 THENCE in an easterly direction along the centerline of Fairmont Parkway to its intersection with the centerline of South Broadway; THENCE in a northerly direction along the centerline of South Broadway to its intersection with with the centerline of South Ohio Avenue; THENCE in a southeasterly direction along the centerline of South Ohio Avenue to its intersection with the centerline of Park Street; THENCE in a northeasterly direction along the centerline of Park Street to its intersection with the centerline of South Nugent Avenue; THENCE in a northwesterly direction along the centerline of South Nugent Avenue to its with the west line of the Ci with the shoreline of Galveston Bay; THENCE in a southerly direction along the shoreline of Galveston Bay to its intersection with the north line of the City of Shoreacres; THENCE in a westerly direction along the north line of the City of Shoreacres to its intersection with the west line of State Highway 146; THENCE in northeasterly direction along the west line of the State Highway 146 to the south line of McCabe Road; THENCE in a westerly direction along the south line of McCabe Road to its projected intersection with the west line of the Union Pacific Railroad right-of-way; THENCE in a northerly direction along the west line of the Union Pacific Railroad right-of-way to its intersection with the south line of Fairmont Parkway; THENCE in a westerly direction along the south line of Fairmont Parkway to its intersection with the centerline of Driftwood Drive; THENCE in a northerly direction along the centerline of Driftwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in a westerly direction along the centerline of Spruce Drive North to its intersection with the centerline of Fleetwood Drive; THENCE in a northerly direction along the centerline of Fleetwood Drive to the POINT OF BEGINNING of the herein-described Tract 1 of District 5 boundary. 8 TRACT 2: BEGINNING at the intersection of the east line of South Broadway and the south line of the City of Shoreacres; THENCE in an easterly direction along the south line of the City of Shoreacres to its intersection with the northeast corner of the Bay Colony Subdivision and the shoreline of Galveston Bay; THENCE in a southeasterly direction along the east line of the Bay Colony Subdivision and the shoreline of Galveston Bay to the southeast corner of the Bay Colony Subdivision, said corner also being the city limit line of the City of Pasadena; THENCE in a westerly direction along the south line of the Bay Colony Subdivision and the city limit line of the City of Pasadena to its intersection with the east right-of-way of South Broadway; THENCE in a northerly direction along the east line of South Broadway to the POINT OF BEGINNING for the herein-described Tract 2 of District 5 boundary. Election Officials: Mary Ann Trainer, Presiding Judge Debbie Yancy, Alternate Presiding Judge Election Precinct #6 Polling Place: Instructional Technology Center (ITC Building) 9832 Spencer Hwy. La Porte, Texas 77571 Precinct Boundaries: BEGINNING at the intersection of the south right-of-way line of Fairmont Parkway and the projected centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Parkway Drive; THENCE in a westerly direction along the centerline of Parkway Drive to its intersection with the centerline of Rosemont Drive; THENCE in a northerly direction along the centerline of Rosemont Drive to its intersection with the centerline of Clairmont Drive; THENCE in an easterly direction along the centerline of Clairmont Drive to its intersection with the centerline of Willmont Road; THENCE in a northerly direction along the centerline of Willmont Road to its intersection with the centerline of Rocky Hollow Road; 9 THENCE in an easterly direction along the centerline of Rocky Hollow Road to its intersection with the centerline of Roseberry Drive; THENCE in a northerly direction along the centerline of Roseberry Drive to its intersection with the centerline of Hillridge Road; THENCE in an easterly direction along the centerline of Hillridge Road to its intersection with Harris County Flood Control District Unit No. B106-00-00, commonly known as Big Island Slough; THENCE in a northerly direction along the centerline of Big Island Slough to its intersection with the projected centerline of Meadow Place Drive; THENCE in an easterly direction along the centerline of Meadow Place Drive to its intersection with the centerline of Farrington Boulevard; THENCE in a southerly direction along the centerline of Farrington Boulevard to its intersection with the centerline of Spencer Highway (West Main Street); THENCE in an easterly direction along the centerline of Spencer Highway (West Main Street) to its intersection with the centerline of Fleetwood Drive; THENCE in a southerly direction along the centerline of Fleetwood Drive to its intersection with the centerline of Spruce Drive North; THENCE in an easterly direction along the centerline of Spruce Drive North to its intersection with the centerline of Driftwood Drive; THENCE in a southerly direction along the centerline of Driftwood Drive to its intersection with the south right-of-way line of Fairmont Parkway; THENCE in a westerly direction along the south right-of-way line of Fairmont Parkway to the POINT OF BEGINNING of the herein-described District 6 boundary. Election Officials: Isabelle Salas, Presiding Judge Hector Villarreal, Alternate Presiding Judge EARLY VOTING Early Voting Polling Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early Voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge 10 of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early Voting by personal appearance shall begin on Wednesday, November 21, 2018, which is the 17th day preceding the day of election and shall continue through Tuesday, December 4, 2018, which is the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m.; except for Wednesday, November 28, 2018, and Tuesday, December 4, 2018, early voting by personal appearance will be from 7:00 a.m. to 7:00 p.m. There will be no early voting by personal appearance on Thursday, November 22, 2018, and Friday, November 23, 2018, due to City offices being closed in observance of the Thanksgiving Holidays. Section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. Said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. Isabelle Salas is hereby appointed as the Presiding Judge of the Central Counting Station, and Sharon Harris is hereby appointed as Alternate Presiding Judge for said Central Counting Station. The City Secretary is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting Station. Sharon Harris is hereby appointed the tabulation supervisor, and Gladis Sanchez is hereby appointed the assistant tabulation supervisor. In compliance with Chapter 127 of the Texas Election Code, the tabulation supervisor, assistant tabulation supervisor, presiding judge of the counting station, alternate presiding judge of the counting station and any appointed clerks are entitled to compensation at the same rate as a precinct presiding judge except that the counting station judge is entitled to a minimum 11 serves for the entire time a counting station is in operation is entitled to a minimum rked. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the City of La Porte shall forthwith issue Notice of said election to be published one time in the BAY AREA OBSERVER, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. Section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office of Councilperson-at-largePosition B; the method of placing the candidate's name on the ballot; and any other pertinent information concerning said election. Section 9. Each candidate for the office of Councilperson-at-largePosition B must be a resident qualified voter of the City for 12 months immediately preceding election day. Section 10. The deadline for a candidate to make application to have his or her name appear upon the ballot for such election, is hereby designated and established as 5:00 o'clock P.M., Monday, October 29, 2018. No application shall be accepted for filing prior to the ordering of this special election, which date is October 8, 2018. Section 11. Said election shall be held in accordance with the provisions of the Texas Constitution, City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte; and the City Council shall canvass said returns at a Special Meeting set by the City Council; and shall, immediately after canvassing the returns, declare the results of the election. Section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it 12 had been passed alone. Section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. th PASSED AND ADOPTED this 8 day of October, 2018. CITY OF LA PORTE By: ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ __________________________________ Patrice Fogarty, City Secretary Clark T. Askins, Assistant City Attorney 13 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 50 PARKS AND RECREATION APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADJUSTING VARIOUS GREEN USER FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Appendix Code of Ordinances, La Porte, Texas, is hereby amended and shall hereinafter read as follows: Article II. Golf Course 50- (a) User fees for golf carts (regular rate) 31(a) 26.00 (1) 18 holes, double ..... 30.00 16.00 (2) Nine holes, double ..... 18.00 11.00 (3) Nine holes, single ..... 12.00 16.00 (4) 18 holes, single ..... 17.00 50- (b) User fees for golf carts (senior rate) 31(a) 20.00 (1) 18 holes, single or double ..... 24.00 14.00 (2) Nine holes, single or double ..... 16.00 50- (c) Green user fees 31(b) (1) Weekday fees (Monday through Thursday, excluding holiday and before 11:00AM Friday) 17.00 a. Resident ..... 18.00 20.00 b. Nonresident ..... 22.00 c. Twilight ..... 14.50 (2) Weekend fees (in effect 11:00AM Friday through Sunday, and holidays) 25.00 a. Resident ..... 26.00 32.00 b. Nonresident ..... 34.00 c. Twilight ..... 17.00 Senior fees 60 years of age or older (Monday through Thursday and before 11:00AM Friday, (3) excluding holidays) a. Resident senior citizens ..... 11.50 b. Nonresident senior citizens ..... 14.50 (4) Junior fees, 17 years of age or younger a. Monday through Friday ..... 13.00 b. Saturday, Sunday, and holidays ..... 18.00 (5) Friday fees before 11:00AM a. Resident 17.00 b. Resident Senior 11.50 c. Non-Resident 27.00 d. Non-Resident Senior 21.00 (d) User fees for annual membership holders 50-32 (1) Residents 1,150.00 a. Cash ..... 1,250.00 Payment plan, $500.00 down, and 11 monthly payments of $62.09 71.59 each, including interest at b. the rate of ten percent per annum, for a total of $1,182.99 1,287.49 for the year (2) Resident senior citizens a. Cash ..... 950.00 Payment plan, $500.00 down, and 11 monthly payments of $42.98 each, including interest at the b. rate of ten percent per annum, for a total of $972.78 for the year. (3) Nonresidents 1400.00 a. Cash ..... 1,600.00 Payment plan, $500.00 down, and 11 monthly payments of $90.00 105.00 each, including interest b. at the rate of ten percent per annum, for a total of $1490.00 1,655.00 for the year. (4) City of La Porte employees (full time and part time) a. Cash 950.00 Payment plan, the sum of $37.00 will be deducted from each employee paycheck, based on 26 b. paychecks per year. (5) Family membership (resident): a. Cash-lump sum ..... 800.00 b. User fee per player (each time they play) ..... 5.00 (6) Family membership (nonresident): a. Cash-lump sum ..... 1,000.00 b. User fee per player (each time they play) ..... 5.00 The golf course manager shall have the authority to market the golf course by using various (7) promotions, such as daily, hourly, and/or price specials, and other promotions which he may deem desirable to enhance revenue at the Bay Forest Golf Course. 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. is 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. This Ordinance shall be effective immediately upon passage its passage and approval. th PASSED AND APPROVED this the 8 day of OCTOBER 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: ____ Assistant City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 50 PARKS AND RECREATION APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADJUSTING VARIOUS GREEN USER FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Appendix Code of Ordinances, La Porte, Texas, is hereby amended and shall hereinafter read as follows: Article II. Golf Course 50- (a) User fees for golf carts (regular rate) 31(a) (1) 18 holes, double ..... 30.00 (2) Nine holes, double ..... 18.00 (3) Nine holes, single ..... 12.00 (4) 18 holes, single ..... 17.00 50- (b) User fees for golf carts (senior rate) 31(a) (1) 18 holes, single or double ..... 24.00 (2) Nine holes, single or double ..... 16.00 50- (c) Green user fees 31(b) (1) Weekday fees (Monday through Thursday, and before 11:00AM Friday) a. Resident ..... 18.00 b. Nonresident ..... 22.00 c. Twilight ..... 14.50 (2) Weekend fees (in effect 11:00AM Friday through Sunday, and holidays) a. Resident ..... 26.00 b. Nonresident ..... 34.00 c. Twilight ..... 17.00 Senior fees 60 years of age or older (Monday through Thursday and before 11:00AM Friday, (3) excluding holidays) a. Resident senior citizens ..... 11.50 b. Nonresident senior citizens ..... 14.50 (4) Junior fees, 17 years of age or younger a. Monday through Friday ..... 13.00 b. Saturday, Sunday, and holidays ..... 18.00 (d) User fees for annual membership holders 50-32 (1) Residents a. Cash ..... 1,250.00 Payment plan, $500.00 down, and 11 monthly payments of $71.59 each, including interest at the b. rate of ten percent per annum, for a total of $1,287.49 for the year (2) Resident senior citizens a. Cash ..... 950.00 Payment plan, $500.00 down, and 11 monthly payments of $42.98 each, including interest at the b. rate of ten percent per annum, for a total of $972.78 for the year. (3) Nonresidents a. Cash ..... 1,600.00 Payment plan, $500.00 down, and 11 monthly payments of $105.00 each, including interest at the b. rate of ten percent per annum, for a total of $1,655.00 for the year. (4) City of La Porte employees (full time and part time) a. Cash 950.00 Payment plan, the sum of $37.00 will be deducted from each employee paycheck, based on 26 b. paychecks per year. (5) Family membership (resident): a. Cash-lump sum ..... 800.00 b. User fee per player (each time they play) ..... 5.00 (6) Family membership (nonresident): a. Cash-lump sum ..... 1,000.00 b. User fee per player (each time they play) ..... 5.00 The golf course manager shall have the authority to market the golf course by using various (7) promotions, such as daily, hourly, and/or price specials, and other promotions which he may deem desirable to enhance revenue at the Bay Forest Golf Course. 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. is 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. This Ordinance shall be effective immediately upon passage its passage and approval. th PASSED AND APPROVED this the 8 day of OCTOBER 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: ____ Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: October 8, 2018 Source of Funds: ______N/A___________ Requested By: Lorenzo Wingate, City Engineer Account Number: ______N/A__________ Department: Public Works Amount Budgeted: _____N/A___________ Report: _ __Resolution: ____Ordinance: __ Amount Requested: ____N/A__________ Budgeted Item: YES X NO Exhibits: 1. Pipeline Permit Application (18-1283) 2. Construction Plans 3. Harris County Approval 4. Material Safety data sheet (MSDS) SUMMARY & RECOMMENDATION ExxonMobil Pipeline Company, has made application with the City to replace a section of its 16 pipeline within the City of La Porte. The subject pipeline will transport Crude Oil from Webster to Baytown crossing spencer highway. Staff has reviewed construction plans for the 16 Crude Oil pipeline for construction meets the requirements of the Cpresents no conflicts with existing water, sewer or drainage facilities along its route under Spencer Hwy. at Airport Blvd.. Uponapproval of Council, staff will execute a construction permit to ExxonMobil Pipeline Company, in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City, as required by ordinance. ͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑͑ Action Required by Council: Consider approval or other action authorizing the Staff to execute a Pipeline Permit to ExxonMobil Pipeline Company, for replacing approximately rude Oil Pipeline within the City of La Porte. ______________________________________________________________________________________ Approved for City Council Agenda Corby D. Alexander, City Manager Date -------------------------------------------------------------------------- 7032965-60 CRUDE OIL MATERIAL SAFETY DATA BULLETIN -------------------------------------------------------------------------- -------------------------------------------------------------------------- 1. PRODUCT AND COMPANY IDENTIFICATION -------------------------------------------------------------------------- PRODUCT NAME: CRUDE OIL SUPPLIER: EXXONMOBIL OIL CORPORATION 3225 GALLOWS RD. FAIRFAX, VA 22037 24-Hour Health and Safety Emergency (call collect): 609-737-4411 24-Hour Transportation Emergency: CHEMTREC: 800-424-9300 202-483-7616 LUBES AND FUELS: 281-834-3296 Product and Technical Information: Lubricants and Specialties: 800-662-4525 800-443-9966 Fuels Products: 800-947-9147 MSDS Fax on Demand: 713-613-3661 MSDS Internet Website: http://www.exxon.com, http://www.mobil.com -------------------------------------------------------------------------- 2. COMPOSITION/INFORMATION ON INGREDIENTS -------------------------------------------------------------------------- CHEMICAL NAMES AND SYNONYMS: PETROLEUM CRUDE OIL GLOBALLY REPORTABLE MSDS INGREDIENTS: Substance Name Approx. Wt% ------------------------- PETROLEUM CRUDE OIL 100 (8002-05-9) NOTE: Crude oils may contain varying concentrations of hydrogen sulfide depending on gas stripping operations. The concentration of the components shown above are representative of the maximum concentrations expected, and can vary substantially. See Section 8 for exposure limits (if applicable). -------------------------------------------------------------------------- 3. HAZARDS IDENTIFICATION -------------------------------------------------------------------------- This product is considered hazardous according to regulatory guidelines (See Section 15). EMERGENCY OVERVIEW: Brown or Black Liquid. Extremely flammable. Vapor accumulation could flash and/or explode if in contact with open flame. Exposure to fire can generate highly toxic fumes. DOT ERG No. : 128 POTENTIAL HEALTH EFFECTS: **** Warning: H2S a highly toxic gas may be present, see MSDS toxicology section. Respiratory irritation, headache, dizziness, nausea, loss of consciousness, and in cases of extreme exposure, possibly death. Overexposure to benzene may result in cancer, blood disorders and damage to the bone marrow. Low viscosity material-if swallowed may enter the lungs and cause lung damage. Exposure to normal hexane may result in nerve damage. POTENTIAL ENVIRONMENTAL EFFECTS: Harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment. For further health effects/toxicological data, see Section 11. -------------------------------------------------------------------------- 4. FIRST AID MEASURES -------------------------------------------------------------------------- EYE CONTACT: Flush thoroughly with water. If irritation occurs, call a physician. SKIN CONTACT: Dry-wipe the skin. Cleanse the area with waterless hand cleaner, and follow by washing thoroughly with soap and water. Remove contaminated clothing. Launder clothing before reuse. Discard shoes if material has penetrated to inside surface. In case of contact with hot product, flush skin with cold water to dissipate heat. Get medical advice immediately. (See Section 16 -Injection Injury) INHALATION: Immediately remove from further exposure. Get immediate medical assistance. For those providing assistance, avoid exposure to yourself and others. Use adequate respiratory protection. Give supplemental oxygen, if available. If breathing has stopped, assist ventilation with a mechanical device. INGESTION: Seek immediate medical attention. Do not induce vomiting. NOTE TO PHYSICIANS: Material if aspirated into the lungs may cause chemical pneumonitis. PRE-EXISTING MEDICAL CONDITIONS WHICH MAY BE AGGRAVATED BY EXPOSURE: Benzene-Individuals with liver disease may be more susceptible to toxic effects. Hexane-Individuals with neurological disease should avoid exposure. -------------------------------------------------------------------------- 5. FIRE-FIGHTING MEASURES -------------------------------------------------------------------------- EXTINGUISHING MEDIA: Carbon dioxide, foam, dry chemical and water fog. SPECIAL FIRE FIGHTING PROCEDURES: Use water to keep fire exposed containers cool. If a leak or spill has not ignited, use water spray to disperse the vapors and to protect personnel attempting to stop leak. Water spray may be used to flush spills away from exposures. Prevent runoff from fire control or dilution from entering streams, sewers, or drinking water supply. SPECIAL PROTECTIVE EQUIPMENT: For fires in enclosed areas, fire fighters must use self-contained breathing apparatus. UNUSUAL FIRE AND EXPLOSION HAZARDS: Extremely flammable. Vapor accumulation could flash and/or explode if in contact with open flame. Exposure to fire can generate highly toxic fumes. Flash Point C(F): < 35(95) (ASTM D-93). Flammable Limits (approx.% vol.in air) -LEL: NE, UEL: NE NFPA HAZARD ID: Health: 2, Flammability: 3, Reactivity: 0 -------------------------------------------------------------------------- 6. ACCIDENTAL RELEASE MEASURES -------------------------------------------------------------------------- NOTIFICATION PROCEDURES: Report spills/releases as required to appropriate authorities. U.S. Coast Guard and EPA regulations require immediate reporting of spills/releases that could reach any waterway including intermittent dry creeks. Report spill/release to Coast Guard National Response Center toll free number (800)424-8802. In case of accident or road spill notify CHEMTREC (800) 424-9300. PROCEDURES IF MATERIAL IS RELEASED OR SPILLED: LAND SPILL: Shut off source taking normal safety precautions. Take measures to minimize the effects on ground water. Recover by pumping using explosion-proof equipment or contain spilled liquid with sand or other suitable absorbent and remove mechanically into containers. If necessary, dispose of adsorbed residues as directed in Section 13. WATER SPILL: Confine the spill immediately with booms. Warn other ships in the vicinity. Notify port and other relevant authorities. Remove from the surface by skimming or with suitable absorbents. If permitted by regulatory authorities the use of suitable dispersants should be considered where recommended in local oil spill procedures. ENVIRONMENTAL PRECAUTIONS: Prevent material from entering sewers, water sources or low lying areas; advise the relevant authorities if it has, or if it contaminates soil/vegetation. PERSONAL PRECAUTIONS: See Section 8 -------------------------------------------------------------------------- 7. HANDLING AND STORAGE -------------------------------------------------------------------------- HANDLING: Avoid contact with skin. Avoid inhalation of vapors or mists. Use in well ventilated area away from all ignition sources. Trace amounts of H2S may be present. Keep face clear of tank and/or tank car openings. Avoid all personal contact and breathing gas. Avoid sparking conditions. Ground and bond all transfer equipment. See Section 8 for additional personal protection advice when handling this product. STORAGE: ***Inhalation hazard: Contains trace amounts of H2S. Environment should be tested for contaminant before entering area. Drums must be grounded and bonded and equipped with self-closing valves, pressure vacuum bungs and flame arresters. Outside or detached storage preferred. Storage containers should be grounded and bonded. Store in a cool area away from all ignition sources. EMPTY CONTAINER WARNING: Empty containers retain residue (liquid and/or vapor) and can be dangerous. DO NOT PRESSURIZE, CUT, WELD, BRAZE, SOLDER, DRILL, GRIND OR EXPOSE SUCH CONTAINERS TO HEAT, FLAME, SPARKS, STATIC ELECTRICITY, OR OTHER SOURCES OF IGNITION; THEY MAY EXPLODE AND CAUSE INJURY OR DEATH. Do not attempt to refill or clean container since residue is difficult to remove. Empty drums should be completely drained, properly bunged and promptly returned to a drum reconditioner. All containers should be disposed of in an environmentally safe manner and in accordance with governmental regulations. -------------------------------------------------------------------------- 8. EXPOSURE CONTROLS/PERSONAL PROTECTION -------------------------------------------------------------------------- OCCUPATIONAL EXPOSURE LIMITS: This product does not contain any components which have recognized exposure limits. VENTILATION: Ventilation required and equipment must be explosion proof. Use away from all heat and ignition sources. RESPIRATORY PROTECTION: Use supplied-air respiratory protection in confined or enclosed spaces, if needed. EYE PROTECTION: Chemical type goggles should be worn. SKIN PROTECTION: Impervious gloves must be worn. If contact is likely oil impervious clothing must be worn. Good personal hygiene practices should always be followed. -------------------------------------------------------------------------- 9. PHYSICAL AND CHEMICAL PROPERTIES -------------------------------------------------------------------------- Typical physical properties are given below. Consult Product Data Sheet for specific details. APPEARANCE: Liquid COLOR: Brown or Black ODOR: Sulfur ODOR THRESHOLD-ppm: NE pH: NA BOILING POINT C(F): NE MELTING POINT C(F): NA FLASH POINT C(F): < 35(95) (ASTM D-93) FLAMMABILITY (solids): NE AUTO FLAMMABILITY C(F): NE EXPLOSIVE PROPERTIES: NA OXIDIZING PROPERTIES: NA VAPOR PRESSURE-mmHg 20 C: NE VAPOR DENSITY: NE EVAPORATION RATE: NE RELATIVE DENSITY, 15/4 C: 0.8 SOLUBILITY IN WATER: Negligible PARTITION COEFFICIENT: NE VISCOSITY AT 40 C, cSt: < 7.0 VISCOSITY AT 100 C, cSt: NE POUR POINT C(F): NE FREEZING POINT C(F): NE VOLATILE ORGANIC COMPOUND: NE NA=NOT APPLICABLE NE=NOT ESTABLISHED D=DECOMPOSES FOR FURTHER TECHNICAL INFORMATION, CONTACT YOUR MARKETING REPRESENTATIVE -------------------------------------------------------------------------- 10. STABILITY AND REACTIVITY -------------------------------------------------------------------------- STABILITY (THERMAL, LIGHT, ETC.): Stable. CONDITIONS TO AVOID: Heat, sparks, flame and build up of static electricity. INCOMPATIBILITY (MATERIALS TO AVOID): Strong oxidizers. HAZARDOUS DECOMPOSITION PRODUCTS: Product does not decompose at ambient temperatures. HAZARDOUS POLYMERIZATION: Will not occur. -------------------------------------------------------------------------- 11. TOXICOLOGICAL DATA -------------------------------------------------------------------------- ---ACUTE TOXICOLOGY--- ORAL TOXICITY (RATS): Practically non-toxic (LD50: greater than 2000 mg/kg).---Based on testing of similar products and/or the components. DERMAL TOXICITY (RABBITS): Practically non-toxic (LD50: greater than 2000 mg/kg).---Based on testing of similar products and/or the components. INHALATION TOXICITY (RATS): Harmful (LC50: greater than 2 but 5 mg/l or less).---Based on testing of similar products and/or the components. EYE IRRITATION (RABBITS): Practically non-irritating. (Draize score: 0 or greater but 6 or less).---Based on testing of similar products and/or the components. SKIN IRRITATION (RABBITS): Practically non-irritating. (Primary Irritation Index: greater than 0.5 but less than 3).---Based on testing of similar products and/or the components. OTHER ACUTE TOXICITY DATA: H2S acts as a chemical asphyxiant, preventing the body from utilizing oxygen in the tissue. It can be irritating to the eyes at 10 ppm and to the respiratory tract at 50-100 ppm after 1-hour exposure. Sufficiently high concentrations can result in immediate collapse and death. ---CHRONIC TOXICOLOGY (SUMMARY)--- ***Skin tumorigenicity: Positive in mice. Experiments to assess the skin cancer potential of crude oil produced mixed results. Some crudes produced skin tumors in mice, following long term, repeated exposures, while other crudes produced no tumors. IARC has examined the full body of data and concluded that crude oil is not classifiable as to its carcinogenicity (Cat.3), based on the limited evidence in animals. Prolonged repeated skin contact with low viscosity materials may defat the skin resulting in possible irritation and dermatitis. ---OTHER TOXICOLOGY DATA--- Repeated exposures to low levels of benzene (50-500 ppm) have been reported to result in blood abnormalities including anemia and, in rare cases, leukemia in both animals and humans. Benzene has also caused damage to the fetus of test animals in developmental studies. Benzene has tested positive (mutagenic) in a number of short-term cancer/mutation predicative tests. Prolonged exposure to n-hexane may result in a condition known as peripheral neuropathy. This is nervoussystem damage and is characterized by numbness of the extremities and, in extreme cases, paralysis. Crude oils may contain low levels of polycyclic aromatic compounds (PACs), some of which, when made available by dilution with solvents or oils, and under conditions of poor personal hygiene and prolonged repeated contact, are suspected as a cause of skin cancer in humans. H2S is a colorless, toxic and extremely flammable gas with an odor at low concentrations characteristic of rotten eggs and a sweetish odor at high concentrations. Odor cannot be relied upon as a means of detection because the sense of smell rapidly becomes insensitive to H2S, and the H2S odor maybe masked by the general odor of this product. -------------------------------------------------------------------------- 12. ECOLOGICAL INFORMATION -------------------------------------------------------------------------- ENVIRONMENTAL FATE ANDEFFECTS: In the absence of specific environmental data for this crude oil product, this assessment is based on information developed with various other crude oils. ECOTOXICITY: Generally, crude oil is harmful to aquatic organisms. Indirect toxicity to aquatic wildlife may result from physical fouling. Shoreline habitats can be significantly impacted by crude oil. MOBILITY: Overall, crude oil will float on the water surface if released in an aquatic environment; if released on land, crude will absorb to sediment and soil. Because of the range of components which comprise crude oil, individual hydrocarbon components will begin to partition to specific environmental media (air, water, soil, and sediment) immediately following a release. PERSISTENCE AND DEGRADABILITY: Volatile components will be degraded in the atmosphere via hydroxyl oxidation. Overall, crude oil is inherently biodegradable in aquatic and terrestrial environments, since most fractions of crude oil are known to degrade at moderate to rapid rates, while some of the heaviest components are expected to persist. BIOACCUMULATIVE POTENTIAL: Not established. -------------------------------------------------------------------------- 13. DISPOSAL CONSIDERATIONS -------------------------------------------------------------------------- WASTE DISPOSAL: Product is suitable for burning in an enclosed, controlled burner for fuel value. Such burning may be limited pursuant to the Resource Conservation and Recovery Act. In addition, the product is suitable for processing by an approved recycling facility or can be disposed of at an appropriate government waste disposal facility. Use of these methods is subject to user compliance with applicable laws and regulations and consideration of product characteristics at time of disposal. RCRA INFORMATION: Disposal of unused product may be subject to RCRA regulations (40 CFR 261). Disposal of the used product may also be regulated due to ignitability, corrosivity, reactivity, or toxicity as determined by the Toxicity Characteristic Leaching Procedure (TCLP). FLASH: < 35(95) C(F) -------------------------------------------------------------------------- 14. TRANSPORT INFORMATION -------------------------------------------------------------------------- USA DOT: SHIPPING NAME: Petroleum Crude Oil HAZARD CLASS & DIV: 3 ID NUMBER: UN1267 ERG NUMBER: 128 PACKING GROUP: PG I STCC: 4910165 DANGEROUS WHEN WET: No POISON: No LABEL(s):Flammable Liquid PLACARD(s): Flammable PRODUCT RQ: 555 lbs (based on RQ for BENZENE) MARPOL III STATUS: NA RID/ADR: HAZARD CLASS: 3 PACKING GROUP: I LABEL:3 DANGER NUMBER: 33 UN NUMBER: 1267 SHIPPING NAME: Petroleum Crude Oil(contains PETROLEUM CRUDE OIL) REMARKS: NA IMO: HAZARD CLASS & DIV: 3 UN NUMBER: 1267 PACKING GROUP: PG I SHIPPING NAME: Petroleum Crude Oil LABEL(s): Flammable Liquid MARPOL III STATUS: NA ICAO/IATA: HAZARD CLASS & DIV: 3 ID/UN Number: 1267 PACKING GROUP: PG I SHIPPING NAME: Petroleum Crude Oil SUBSIDIARY RISK: NA LABEL(s): Flammable Liquid -------------------------------------------------------------------------- 15. REGULATORY INFORMATION -------------------------------------------------------------------------- US OSHA HAZARD COMMUNICATION STANDARD: Product assessed in accordance with OSHA 29 CFR 1910.1200 and determined to be hazardous. EU Labeling: Product is dangerous as defined by the European Union Dangerous Substances/Preparations Directives. Symbol: F+ T Extremely flammable, Toxic. Risk Phrase(s): R12-45-65-66-67-52/53. Extremely flammable. May cause cancer. Harmful: may cause lung damage if swallowed. Repeated exposure may cause skin dryness or cracking. Vapors may cause drowsiness and dizziness. Harmful to aquatic organisms, may cause long-term adverse effects in the aquatic environment. Safety Phrase(s): S23-36-28-53-62. Do not breathe vapor. Wear suitable protective clothing. After contact with skin, wash immediately. Avoid exposure -obtain special instructions before use. If swallowed, do not induce vomiting:seek medical advice immediately and show this container or label. Contains: Benzene. Governmental Inventory Status: All components comply with EINECS/ELINCS. U.S. Superfund Amendments and Reauthorization Act (SARA) Title III: This product contains no "EXTREMELY HAZARDOUS SUBSTANCES". SARA (311/312) REPORTABLE HAZARD CATEGORIES: FIRE CHRONIC ACUTE This product contains no chemicals subject to the supplier notification requirements of SARA (313) toxic release program. The following product ingredients are cited on the lists below: CHEMICAL NAME CAS NUMBER LIST CITATIONS * ------------------------------------- PETROLEUM CRUDE OIL 8002-05-916, 19, 20, 21, 25, 26 ---REGULATORY LISTS SEARCHED --- 1=ACGIH ALL 6=IARC 1 11=TSCA 4 16=CA P65 CARC 21=LA RTK 2=ACGIH A1 7=IARC 2A 12=TSCA 5a2 17=CA P65 REPRO 22=MI 293 3=ACGIH A2 8=IARC 2B 13=TSCA 5e 18=CA RTK 23=MN RTK 4=NTP CARC 9=OSHA CARC 14=TSCA 6 19=FL RTK 24=NJ RTK 5=NTP SUS 10=OSHA Z 15=TSCA 12b 20=IL RTK 25=PA RTK 26=RI RTK * EPA recently added new chemical substances to its TSCA Section 4 test rules. Please contact the supplier to confirm whether the ingredients in this product currently appear on a TSCA 4 or TSCA 12b list. Code key:CARC=Carcinogen; SUS=Suspected Carcinogen; REPRO=Reproductive -------------------------------------------------------------------------- 16. OTHER INFORMATION -------------------------------------------------------------------------- USE: FEED STOCK NOTE: PRODUCTS OF EXXON MOBIL CORPORATION AND ITS AFFILIATED COMPANIES ARE NOT FORMULATED TO CONTAIN PCBS. Health studies have shown that many hydrocarbons pose potential human health risks which may vary from person to person. Information provided on this MSDS reflects intended use. This product should not be used for other applications. In any case, the following advice should be considered: INJECTION INJURY WARNING: If product is injected into or under the skin, or into any part of the body, regardless of the appearance of the wound or its size, the individual should be evaluated immediately by a physician as a surgical emergency. Even though initial symptoms from high pressure injection may be minimal or absent, early surgical treatment within the first few hours may significantly reduce the ultimate extent of injury. Precautionary Label Text: CONTAINS PETROLEUM CRUDE OIL, N-HEXANE, BENZENE DANGER! EXTREMELY FLAMMABLE LIQUID AND VAPOR. LOW VISCOSITY MATERIAL-IF SWALLOWED, MAY BE ASPIRATED AND CAN CAUSE SERIOUS OR FATAL LUNG DAMAGE. HARMFUL TO AQUATIC ORGANISMS, MAY CAUSE LONG-TERM ADVERSE EFFECTS IN THE AQUATIC ENVIRONMENT. OVEREXPOSURE TO BENZENE MAY RESULT IN CANCER, BLOOD DISORDERS, AND DAMAGE TO THE BONE MARROW. EXPOSURE TO NORMAL HEXANE MAY RESULT IN NERVE DAMAGE. Keep away from heat, sparks, and flame. Avoid breathing mist or vapor. Do not get on skin or clothing. Wear oil impervious gloves and clothing. Use with adequate ventilation. FIRST AID: In case of skin contact, promptly dry-wipe the skin. Cleanse the area with waterless hand cleaner and follow by washing thoroughly with soap and water. If swallowed, call a physician immediately. Do not induce vomiting or give anything by mouth to an unconscious person. Ordinary clothing wet with this material must be removed. Launder contaminated clothing before reuse. Discard shoes if material has penetrated to inside surface. For industrial use only. Not intended or suitable for use in or around a household or dwelling. This warning is given to comply with California Health and Safety Code 25249.6 and does not constitute an admission or a waiver of rights. This product contains a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm. Chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm are created by the combustion of this product. Refer to product Material Safety Data Sheet for further safety and health information. ------------------------------------------------------------------------- ************************************************************************* For Internal Use Only: MHC: 1* 1* 2* 0* 1*, MPPEC: DVF, TRN: 7032965-60, ELIS: 032965, CMCS97: EMGC44, REQ: PHSDB TRANSFER TO MACSIN, SAFE USE: P EHS Approval Date: 06JUN2003 ************************************************************************* Information given herein is offered in good faith as accurate, but without guarantee. Conditions of use and suitability of the product for particular uses are beyond our control; all risks of use of the product are therefore assumed by the user and WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND AND NATURE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO THE USE OR SUITABILITY OF THE PRODUCT. Nothing is intended as a recommendation for uses which infringe valid patents or as extending license under valid patents. Appropriate warnings and safe handling procedures should be provided to handlers and users. Alteration of this document is strictly prohibited. Except to the extent required by law, republication or retransmission of this document, in whole or in part, is not permitted. Exxon Mobil Corporation and its affiliated companies assume no responsibility for accuracy of information unless the document is the most current available from an official ExxonMobil distribution system. Exxon Mobil Corporation and its affiliated companies neither represent nor warrant that the format, content or product formulas contained in this document comply with the laws of any other country except the United States of America. Prepared by: ExxonMobil Oil Corporation Environmental Health and Safety Department, Clinton, USA HarrisCountyEngineeringDepartment 10555 NORTHWEST FREEWAY, SUITE 120, HOUSTON, TX OFFICE 713-274-3900 ROW NOTIFICATION FOR SOIL BORINGS Date Issued:07/30/2018 Construction Started By:1/26/2019 Issued To:Exxon Mobil Pipeline CO.Project Name:Webster - Baytown TX-63E Owner:Exxon Mobil Pipeline CO.Notification No:1807260120-SB-001 Applicant:EXXONMOBIL PIPELINE COMPANY Contact:Daniel Wisner Contact Email:DANIEL.J.WISNER@EXXONMOBIL.COM Contact Phone:(832) 624-8815 Property Information Address:0 W Main Street Bldg:Suite:Trailer: City:LA PORTE State: TX Zip:77571 Subdivision:ROW Notification Section:0 Lot:Block:Reserve: Abstract No.:Survey Name: REQUIRED INSPECTION(S) IT IS YOUR RESPONSIBILITY TO CALL FOR ALL REQUIRED INSPECTIONS (*) All Inspections designated with an asterisk must be passed before permanent power will be released. 1Construction Start-Utility 2Construction Complete-Utility PRE-INSPECTION DOCUMENT(S) ALL PRE-INSPECTION DOCUMENTS MUST BE RECEIVED AND APPROVED BEFORE INSPECTIONS CAN BE REQUESTED SPECIAL REQUIREMENT(S) 1Schedule Inspection(s) By Logging Into Your Online Account (e-Permits), Selecting Inspections - Inspection Request, And Select The Inspection You Would Like To Request; You may also fill out the online request form at http://www.eng.hctx.net/permits/Development/Development/Inspection-Request; Or By Calling 713-274-3800. All Site, Storm Water Quality, On- site Sewerage Facility and Right of Way Inspections must be PASSED and Permanent Power Released before requesting your Fire Marshal Inspection. 2All Construction Shall Be In Accordance With The Approved And Permitted Documents, Any Special Details Will Be Noted On Approved Plans Permit Manager Main Line HCPID 713-274-3900Schedule Inspections 713-274-3800Fire Code Inspections 281-436-8000 This certification is not transferable, and is effective immediately. The document certifies that notification has been given to Harris County that User will construct, install, modify, or repair a facility as defined by the notification and plans submitted to County Engineer in support of this certification. If construction does not begin within (six (6) months) or is not completed within (nine (9) months) from the date of this certification, a new notification and certification shall be required. Authority for issuance of this of this certification is derived from the Harris County Road law (Section 2 of Acts 1913, 33rd Leg., Ch. 17 Tex. Gen. Laws p. 64), as amended, the Rules of Harris County and the Harris County Flood Control District for the Construction of Facilities within Harris County and Harris County Flood, Control District Rights-of-Way (the Rules), and other rights given to property owners in this state.This certification is issued for the installation, construction, modification, or repair at the location(s) shown below by User in strict conformity with the plans and information filed with the County Engineer as part of the notification.This certification should be posted at the worksite in accordance with section 9 (VI) of the Rules. Failure to comply with this certification or the Rules may result in enforcement proceedings before Commissioners Court, job shutdown, or a Class C misdemeanor charge.If User wishes to deviate from the information on file with the County Engineer, supplemental plans must be filed with the County Engineer and the County Engineer's certification of the change must be secured prior to beginning work.User is responsible for notifying the County Engineer and appropriate Commissioners Precinct by calling the telephone numbers listed below forty-eight (48) hours before work is to progress. A copy of this certification and the approved drawings must be kept onsite at all Harris County Engineering Department 10555 NORTHWEST FREEWAY, SUITE 120, HOUSTON, TX 77092 OFFICE 713-274-3900 I N S P E C T I O N R E C O R D - POST THIS CARD ON SITE Property InformationProject Detail Commercial Property Project Name:Webster - Baytown TX-63EProject No:1807260120 Property Owner:Exxon Mobil Pipeline CO.Suite: Address:0 W Main STZip:77571 City:LA PORTEState:–Email: Applicant/DBA:EXXONMOBIL PIPELINE COMPANYContact No:(832) 624-4540 REQUIRED INSPECTION(S) IT IS YOUR RESPONSIBILITY TO CALL FOR REQUIRED INSPECTIONS (*) All Inspections below designated with an Asterisk must be passed before permanent power will be released Permit NumberInspection DescriptionInspector Name & SignaturePass/FailDate 1807260120-SB-001Construction Start-Utility 1807260120-SB-001Construction Complete-Utility CERTIFICATE OF COMPLIANCE DateInspection CategoryInspectorSignaturePass/Fail Main Line HCPID 713-274-3900Schedule Inspections 713-274-3800Fire Code Inspections 281-436-8000Fax 713-437-5764 This Card is your record of inspections and must be signed off by all required departments to receive your Fire Marshal's final inspection and Certificate of Compliance. This card must be kept onsite and available to the inspector at all times and during inspections. Protect this card from weather. The approved plans must be available during inspections. Inspections must be completed in the listed order and the Certificate of Compliance will not be issued until all other required inspections are completed and approved. www.hcpid.org/permits 7/31/2018 7:55:26 AM OF T E IS TE O NL A LEGEND OF T E IS TE O NL A LEGEND OF T E IS TE O NL A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 8, 2018 Source of Funds: Motor Pool Requested By: Don Pennell, Public Works Director Account Number: Various 009 Department: Public Works Amount Budgeted: $ 472,714.00 Report: X Resolution: Ordinance: Amount Requested: $ 433,879.31 Exhibits: Summary of Vehicle Replacement Budgeted Item: YES Exhibits: BuyBoard Price Sheets SUMMARY & RECOMMENDATION Competitive quotes were received through the Texas BuyBoard and HGAC Cooperative Purchasing Programs for vehicles and golf course equipment eligible for replacement in the FY2018-19 Vehicle Replacement Program. There are six full-size sedans being replaced with six sport utility vehicles. Replacement with the same type vehicle include one sedan, and one 14-yard dump truck. Also, there are six same-type replacements for golf course equipment. VENDOR BUDGET ITEM BUDGETED BID USER Caldwell Country 6 - (Replacements) * $231,306 $199,792 PD Grapevine Dodge 1 Sedans (Replacement)* $23,600 $23,863EMS Freightliner Austin 1 14 Yard Dump Truck $99,087 $101,470 PW Brookside Equipment JD Field Rake ** $13,100 $11,298.05 GC Brookside Equipment JD Greens Mower** $36,629 $30,597.29 GC Brookside Equipment JD ProGator w/attachment** $23,639 $23,205.50 GC Brookside Equipment JD 200 Gallon Sprayer** $9,938 $12,087.75 GC Brookside Equipment JD Truckster** $10,727 $11,281.88 GC Brookside Equipment JD Pro Gator ** $24,688 $20,283.84 GC TOTAL $472,714 $433,879.31 . * Additional up-fitting equipment funding subsidized through division budget ** Bid prices include trade-in allowance Miscellaneous: The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund. n the table for the replacement vehicles represents the total funds deposited by each department through FY 2018 term designated for each vehicle. Additional funding is provided through the respective Departmental/Divisional budgets. vehicles/equipment are the funding amounts approved by Council for the FY 2018-19 budget for new purchases. The Division will pay lease fees over the life of the u The Purchasing Division of the Finance Department has reviewed the recommendation for vehicle purchases and is in support of this recommendation. Pricing was checked on both BuyBoard Programs. Action Required by Council: 1. Consider approval or other action to award purchase of six sport utility vehicles to Caldwell Country ($199,792.00). 2. Consider approval or other action to award purchase of one sedan to Grapevine Dodge ($23,863.00). 3. Consider approval or other action to award purchase of one 14 yard dump truck to Freightliner of Austin ($101,470.00). 4. Consider approval or other action to award purchase of one - Field Rake, one - greens mower, one - ProGator w/attachment, one - 200 gallon sprayer, one - truckster and one -ProGator to Brookside Equipment ($108,754.31). Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 8, 2018 Appropriation Requested By: Rosalyn Epting, Parks Director Source of Funds: 015 Department: Parks & Recreation Acct Number: 8080-552.46-53 Report: _ Resolution: Ordinance: Amount Budgeted: $797,486 remaining Exhibits: Access Report Amount Requested: $777,700 Exhibits: Bid Tabulation Budgeted Item: YES NO SUMMARY & RECOMMENDATION Sealed Bid #18022 for pool and deck work at the Wave Pool and Northwest Pool were advertised in the Bay Area Observer on July 26, 2018 and August 2, 2018. Bids were opened and publicly read on Tuesday, August 28, 2018 at 2:00 p.m. Fifty-six (56) vendors were notified of the bid with thirty-nine (39) accessing the documents and thirty (30) vendors downloading the solicitation documents. We received two (2) bids. The Access report and bid tabulation have been attached as exhibits. The specific work for each pool is as follows: Wave Pool Demolition and disposal of existing concrete, decking, plaster, lighting and tile to include making the pool a zero depth entry. Provide and install new concrete and decking. Provide and install pool plaster, tile, and grating. Provide and install TuffCoat (perimeter above waterline tile and back wall to decking, spheres, and coping). Northwest Pool Demolition and disposal of existing concrete, decking, plaster, coping and tile, mechanical system, and water features. Provide and install new concrete, decking, and coping. Provide pool plaster installation. Provide and install KoolDeck. Provide and install filtration and recirculation system. Provide and install Pulsar 140 Sanitation system. Provide water chemistry controller. Provide and install water features. Provide and install wall suction for slide pump. The remaining budget for these projects is $797,486. The low bid was for $707,000 from Hancock Pool, Inc. Staff is requesting a 10% contingency added to this bid for any unknown issues that arise, for a total request of $777,700. Any remaining funds from this project will be used for shade structures and concrete pads at Northwest Pool. Hancock Pools is a reputable company that has done a large amount of quality work in the Houston area. Staff recommends awarding the bid to Hancock Pools, Inc. Action Required by Council: Award Bid #18022 to Hancock Pools, Inc. in the amount of $707,000 for pool and deck work at the Wave Pool and Northwest Pool, with an added 10% contingency of $70,700. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date Sealed Bid #18022 Progressive Commercial Hancock Pool, Aquatics, Inc.Inc. Wave Pool DescriptionLump Sum Price ItemLump Sum Price Demolition and disposal of existing concrete, decking, plaster, lighting 1$78,975.00$71,000.00 and tile, complete as per specifications 2Provide and install new concrete and decking, broom finish,$131,630.00$114,000.00 Complete as per specifications Provide and install pool plaster, tile, grating 3$193,030.00$176,000.00 Complete as per specifications 4Provide and install TuffCoat (perimeter above waterline tile and back$35,140.00$18,000.00 wall to decking, spheres, coping as specified WAVE POOL PROJECT TOTAL$438,775.00$379,000.00 Northwest Pool DescriptionLump Sum Price ItemLump Sum Price Demolition and disposal of existing concrete, dekcing, plaster, coping and tile 1$37,800.00$29,000.00 mechanical systems, and water features, complete as specified 2Provide and install new concrete, decking and coping, complete as specified$96,500.00$74,000.00 3Provide pool plaster installation, complete as specified$32,400.00$43,000.00 Provide and Install tuffcoat non-slip coating, complete as specified 4$23,450.00$27,000.00 5Provide and install filtration and recirculation system, complete as specified$95,450.00$51,000.00 6Provide and install Pulsar 140 Sanitation system, complete as specified$9,050.00$6,000.00 7Provide water chemistry controller, complete as specified$4,300.00$4,000.00 Provide and install water features, complete as specified 8$111,650.00$92,000.00 Provide and install wall suction for slide pump, new as specified 9$9,625.00$2,000.00 NORTHWEST POOL PROJECT TOTAL$420,225.00$328,000.00 GRAND TOTAL$859,000.00$707,000.00 Bid tabulation is preliminary only and does not imply award. Other factors may apply Notifications and Access Report to Sealed Bid #18022 - Pool Renovations Notifications Report Vendor NameReason Advanced Facility MaintenanceBid Notification Advanced Starlight InternationalBid Notification All Pro General Construction, Inc.Bid Notification American Pavement SolutionsBid Notification Aquatic Commercial Solutions, Inc.Bid Notification Aqueous EngineeringBid Notification aztec remodeling &landscaping companyBid Notification Baukus ElectricBid Notification CDC NewsBid Notification Commercial Chemical Products, IncBid Notification ConstructConnectBid Notification Construction Bid SourceBid Notification D DavilaBid Notification DM Construction LLCBid Notification Dodge Data & AnalyticsBid Notification Frost Construction Co., Inc.Bid Notification Glacier Pool Supplies & SpasBid Notification Hancock Pool ServicesBid Notification HDR Engineering, Inc.Bid Notification Hearn CompanyBid Notification Innovative PoolsBid Notification Kwal - Howells, Inc.Bid Notification L&L SuppliesBid Notification LEMCOBid Notification Linbeck Group, LLCBid Notification Linbeck Group, LLCBid Notification MHB Construction, Inc.Bid Notification Natare CorporationBid Notification North America Procurement CouncilBid Notification OnviaBid Notification Patak Construction, Inc.Bid Notification Perkens WS CorporationBid Notification Pool & Electrical Products, Inc.Bid Notification Pritis Enterprises, LLCBid Notification Progressive Commercial Aquatics, Inc.Bid Notification Ramuc Pool PaintBid Notification Recreonics, Inc.Bid Notification Robeertson Commercial Pools, Inc.Bid Notification Royal Media Network Inc.Bid Notification RUBRO CONSTRUCTORSBid Notification SmartProcureBid Notification Stone Castle IndustriesBid Notification Sunbelt PoolsBid Notification Sweetwater Pools Inc.Bid Notification United Constructors of TexasBid Notification WhiteWater WestBid Notification Access Report Vendor NameDocuments #18022 - Pool Renovations at COLP Construction Bid Source CMC Development & Construction Corporation #18022 - Pool Renovations at COLP Progressive Commercial Aquatics, Inc. #18022 - Pool Renovations at COLP Commercial Chemical Products, Inc #18022 - Pool Renovations at COLP Grand Cayon Minority Contractors Associa #18022 - Pool Renovations at COLP Hearn Company Construction Software Technologies #18022 - Pool Renovations at COLP WhiteWater West Superior Grouting #18022 - Pool Renovations at COLP North America Procurement Council #18022 - Pool Renovations at COLP Onvia #18022 - Pool Renovations at COLP Linbeck Group, LLC #18022 - Pool Renovations at COLP ConstructConnect BidClerk SO IMS #18022 - Pool Renovations at COLP ConstructConnect Reed Construction Data aztec remodeling &landscaping company#18022 - Pool Renovations at COLP Hancock Pool Services, Inc.#18022 - Pool Renovations at COLP Perkens WS Corporation#18022 - Pool Renovations at COLP Hancock Pool Services#18022 - Pool Renovations at COLP ConstructConnect#18022 - Pool Renovations at COLP Paragon Aquatics#18022 - Pool Renovations at COLP Wayne Enterprises Hendee Enterprises #18022 - Pool Renovations at COLP Natare Corporation#18022 - Pool Renovations at COLP Robeertson Commercial Pools, Inc.#18022 - Pool Renovations at COLP Ramuc Pool Paint#18022 - Pool Renovations at COLP Dodge Data & Analytics#18022 - Pool Renovations at COLP American Pavement Solutions#18022 - Pool Renovations at COLP SmartProcure#18022 - Pool Renovations at COLP Aqueous Engineering#18022 - Pool Renovations at COLP CMS Construction Software Technologies#18022 - Pool Renovations at COLP Tukmol General Contractor L&L Supplies#18022 Pool Renovations at COLP Advanced Starlight International#18022 Pool Renovations at COLP Recreonics, Inc.#18022 Pool Renovations at COLP Sunbelt Pools#18022 Pool Renovations at COLP REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 8, 2018 Appropriation Requested By: Rosalyn Epting Source of Funds: Department: Parks & Recreation Acct Number: Report: X Resolution: Ordinance: _ Amount Budgeted: Exhibits: Proposed Agreement ______ Amount Requested: _______________________________ Budgeted Item: YES NO SUMMARY & RECOMMENDATION Recently, Harris County Flood Control District (HCFCD) contacted us regarding the Hike and Bike Trail Bridge that was built in 2010. The bridge is located on the south side of Fairmont, just east of Luella. A map of this location is in the attached proposed agreement. The City currently maintains all aspects of this bridge, however HCFCD would like a formal agreement detailing that the City is responsible for all maintenance and repairs. Legal has reviewed this document and given their approval. This agreement would be for a term of twenty-five (25) years commencing on the date of its execution, continuing on a year to year basis, unless terminated with a thirty (30) day notice. Staff recommends approval of the Interlocal Hike and Bike Trail Bridge Agreement with HCFCD. Action Required by Council: Approval or other action with regards to an Interlocal Hike and Bike Trail Bridge Agreement with Harris County Flood Control District. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date Council Agenda Item October 8, 2018 8 (a)Receive report of the Drainage and Flooding Committee Meeting Councilmember Jay Martin