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HomeMy WebLinkAbout03-11-19 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 STEVE GILLETT JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP NANCY OJEDA Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE FEBRUARY 25, 2019 The City Council of the City of La Porte met in a regular meeting on Monday, February 25, 2019, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Councilmembers present: Louis Rigby, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Kristin Martin, Jay Martin, John Zemanek, Nancy Ojeda Councilmembers absent: None Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. 2.INVOCATION The invocation was given by Councilmember Jay Martin. 3.PLEDGES The pledges of allegiance to the U.S. and Texas flags were led by Councilmember Kristin Martin. 4.PUBLIC COMMENTS (Limited to five minutes per person.) - Chuck Rosa and Thomas Garza offered public comment. 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 meeting held on February 11, 2019. \[L. Woodward, City Secretary\] (b) Consider approval or other action regarding Resolution 2019-01 authorizing the resale of tax delinquent property located at Lots 9 and 10, Block 80, Town of La Porte. \[Shelley Wolny, Treasurer\] (c) Consider approval or other action regarding Resolution 2019-02 nominating Valvoline LLC to the office of Economic Development Coordinator\] (d) Consider approval or other action regarding Resolution 2019-03 supporting H.B. 1192 which decreases the administration fee for collection of sales tax from 2% to 1% for the City of La Porte and La Porte Fire Control District. \[Jason Weeks, Assistant City Manager\] Councilmember Engelken moved to approve the consent agenda; the motion was adopted, 9-0. 6.DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action changing the voluntary contribution option on the monthly utility bill to be used for animal control services instead of beautification and trail system projects. \[Corby Alexander, City Manager\] Page 1 of 2 February 25, 2019 Council Meeting Minutes Councilmember Engelken moved to split the donation options on the utility bills into two (one for the current beautification option and another for the animal shelter), have the current funds used for beautification, and have staff track the funding. Councilmember Ojeda moved to amend . was lost, 4-5, Councilmembers Earp, Engelken, Bentley, and Zemanek, and Mayor Rigby voting against. The main motion was adopted, 7-2, Councilmembers Ojeda and K. Martin voting against. 7.REPORTS (a) Receive 2018 La Porte Police Department Racial Profiling Report. \[Ron Parker, Police Chief\] (b) Receive report of the La Porte Drainage and Flooding Committee Meeting. \[Councilmember J. Martin\] (c) Receive report of the La Porte Development Corporation Board Meeting. \[Councilmember Ojeda\] 8. ADMINISTRATIVE REPORTS City Manager Corby Alexander announced there were no reports to be provided. 9. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. Councilmembers thanked the Parks Department for a successful basketball season and the success of Mardi Gras on Main Street, as well as for the PD report. Councilmember Bentley said he and the Mayor enjoyed the Civic Clubs events of the weekend, Councilmember Gillett said he had attended the groundbreaking for the upcoming Highway 146 projects. Mayor Rigby reminded all of the importance of fighting for local control in the activities of the Texas Legislature. He also shared that Thursday, April 4, will be the last day to register for the May general election. 10. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item, should the need arise, and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, in in accordance with the authority contained in: Texas Government Code Section 551.072 Deliberation regarding purchase, exchange, lease, or value of real property: Meet with City Manager and City Attorney to discuss value of real property in industrial districts, concerning negotiations with industry representatives for terms of new Industrial District Agreements. (Councilmember Earp has a Conflict of Interest affidavit on file for this item, did not participate in the deliberations, and left the meeting as the Council adjourned into executive session.) The Council adjourned into executive session at 6:28 p.m. 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened into open session at 7:22 p.m. No action was taken. 10. ADJOURN Without objection, Mayor Rigby adjourned the meeting at 7:23 p.m. _______________________________ Lee Woodward, City Secretary Page 2 of 2 February 25, 2019 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: March 11, 2019 Source of Funds: N/A Requested By: Ian Clowes Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __ __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Deed Budgeted Item: N/A Area Map Appraisal Summary ______________________________________________________________________________ SUMMARY & RECOMMENDATION The City received an application from Mr. Mark Domingue of Chem Spray, Inc. to vacate, abandon, and close a portion of two separate 16-foot wide alleys, adjacent to the property legally described as Lots 16-24, Block 715 th and Lots 6-15, Block 715, Town of La Porte, located at the northwest corner of N. 17 Street and Spencer Highway. Mark Domingue of Chem Spray Inc. owns Lots 16-24, while a second property owner, Analytic Stress, Inc., owns Lots 6-15. (See the area map for details.) The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. Analytic Stress, the only other adjacent property owner, decided to participate in right-of-way (ROW). If approved by Council, there will be two deeds produced, one for each property owner. The total area of the requested closure equals 4,728 square feet. Upon Council approval, 3,856 square feet will be sold to Mark Domingue of Chem Spray, with the remaining 872 square feet going to Analytic Stress, Inc. The applicants are seeking to purchase the ROW in order to expand their current business operations and enhance security on the site. Staff have determined that there are no City or franchised utilities existing within the alleys. Comcast, AT&T, and CenterPoint Energy, the three franchise companies, have all provided letters of no objection to the proposed ROW closure. In accordance with Sections 62-the City obtained an appraisal of the subject ROWto establish fair market value. The appraisal report established a value of $2.50 per square foot. The applicant has submitted closing fees in the amount of $11,820 (4,728 sq. ft. x $2.50) to the City. These funds are being held in escrow subject to final consideration and action by Council. Action Required by Council: Consider approval of an ordinance or other action vacating, abandoning, and closing two separate alleys, th adjacent to the property located on N. 17 Street and Spencer Highway, legally described as Lots 16-24, Block 715 and Lot 6-15, Block 715, Town of La Porte, and authorize the City Manager to execute two separate deeds to the adjacent property owners for the subject ROW. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. 2019-________________ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF TWO SEPARATE ALLEYS LOCATED IN BLOCK 715 TOWN OF LA PORTE AND AUTHORIZING THE EXECUTION AND DELIVERY OF DEEDS TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of the properties abutting the hereinafter described portion of two separate alleys located within Block 715 of the Town of La Porte, to vacate, abandon and close said portion of the existing alley-ways, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the two separate alleys located within Block 715 of the Town of La Porte is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described portion of the said two separate alleys located within Block 715 of the Town of La Porte is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the said two separate alleys located within Block 715 of the Town of La Porte should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the hereinafter described portion of the said two separate alleys located within Block 715 of the Town of La Porte is hereby permanently vacated, abandoned, and closed by the City of La Porte, such rights-of-way being generally ncorporated herein, and further described to wit: 2 Tract 1 Being a tract of land containing 3,856 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 20, Block 715, Town of La Porte, said point being located at the intersection of the easternmost line of the east/west alley in Block th 715, Town of La Porte, and North 17 Street; THENCE in a westerly direction along the southern line of the east/west alley in Block 715, Town of La Porte, a distance of 141 feet to a point on the northern boundary of Lot 15, Block 715, Town of La Porte; THENCE in a northerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the southeast corner of Lot 10, Block 715, Town of La Porte; THENCE in a northerly direction along the west line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southeast corner of Lot 6, Block 715, Town of La Porte; THENCE in an easterly direction across the north/south alley in Block 715, Town of La Porte, a distance of 16 feet to the southwest corner of Lot 25, Block 715, Town of La Porte; THENCE in a southerly direction along the east line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southwest corner of Lot 21, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 21 in Block 715, Town of La Porte, a distance of 125 feet the southeast corner of Lot 21, Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract. Tract 2 Being a tract of land containing 872 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 10, Block 715, Town of La Porte, said point being located at the intersection of the westernmost line of the north/south alley in Block 715, Town of La Porte, and the northern most line of the east/west alley in Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to a point on the northern most line of lot 15, Block 715, Town of La Porte; 3 THENCE in a westerly direction along the south line of the east/west alley in Block 715, Town of La Porte, a distance of 54.5 feet to a point on the north line of lot 13, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 10 in Block 715, Town of La Porte, a distance of 54.5 feet to the POINT OF BEGINNING of the herein described tract. Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non-apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to each of the abutting owners upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owners shall pay all costs associated with procedures necessitated by the request to abandon the portion of the two separate alleys described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. 4 Section 8: If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED THIS _______ DAY OF _______ 2019. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: March ____, 2019 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: MARK L. DOMINGUE Mailing Address: 4903 Linden St., Bellaire, Texas 77041 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 3,856 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 20, Block 715, Town of La Porte, said point being located at the intersection of the easternmost line of the east/west alley in Block 715, th Town of La Porte, and North 17 Street; THENCE in a westerly direction along the southern line of the east/west alley in Block 715, Town of La Porte, a distance of 141 feet to a point on the northern boundary of Lot 15, Block 715, Town of La Porte; THENCE in a northerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the southeast corner of Lot 10, Block 715, Town of La Porte; THENCE in a northerly direction along the west line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southeast corner of Lot 6, Block 715, Town of La Porte; THENCE in an easterly direction across the north/south alley in Block 715, Town of La Porte, a distance of 16 feet to the southwest corner of Lot 25, Block 715, Town of La Porte; THENCE in a southerly direction along the east line of the north/south alley in Block 715, Town of La Porte, a distance of 100 feet to the southwest corner of Lot 21, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 21 in Block 715, Town of La Porte, a distance of 125 feet the southeast corner of Lot 21, Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to the POINT OF BEGINNING of the herein described tract, and containing 3,856 square feet, more or less, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2019-_______ passed and approved by the City Council of the City of La Porte on the ______ day of March, 2019. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas __________________________________ By: _______________________________ Lee Woodward Corby D. Alexander City Secretary City Manager Approved: ____________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of _______________, 2019, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: March ____, 2019 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: ANALYTIC STRESS RELIEVING, INC. Mailing Address: 117 Board Rd., Lafayette, Louisiana 70508-3404 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being a tract of land containing 872 square feet, situated in Block 715, Town of La Porte, Harris County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 10, Block 715, Town of La Porte, said point being located at the intersection of the westernmost line of the north/south alley in Block 715, Town of La Porte, and the northern most line of the east/west alley in Block 715, Town of La Porte; THENCE in a southerly direction across the east/west alley in Block 715, Town of La Porte, a distance of 16 feet to a point on the northern most line of lot 15, Block 715, Town of La Porte; THENCE in a westerly direction along the south line of the east/west alley in Block 715, Town of La Porte, a distance of 54.5 feet to a point on the north line of lot 13, Block 715, Town of La Porte; THENCE in an easterly direction along the southern line of Lot 10 in Block 715, Town of La Porte, a distance of 54.5 feet to the POINT OF BEGINNING of the herein described tract, and containing 872 square feet, more or less, which tract was vacated, abandoned and closed by City of La Porte Ordinance No. 2019-_______ passed and approved by the City Council of the City of La Porte on the ______ day of March, 2019. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: City of La Porte, Texas __________________________________ By:_______________________________ Lee Woodward Corby D. Alexander City Secretary City Manager Approved: ____________________________ Clark T. Askins Assistant City Attorney STATE OF TEXAS § § COUNTY OF HARRIS § This instrument was acknowledged before me on _____ day of ________________, 2019, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. ____________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 La Porte, TX 77572-1218 AREA MAP SAC #18-25000004 Alley, Block 715 Town of La Porte Legend Analytic Stress Property Chem Spray Property Proposed Closure: Analytic Stress Proposed Closure: Chem Spray This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 71 feet MARCH 2019 PLANNING DEPARTMENT R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 Office- 281-338-9633 League City, Texas 77574 Fax- 281-338-9533 March 28, 2017 City of La Porte P.O. Box 1115 La Porte, Texas 77572 RE: Restricted Appraisal regarding the estimated Market Value of a portion of an existing 16 foot alleyway out of Block 715 of the Town of La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as a portion of the existing 16 foot alley out of Block 715 of the Town of La Porte located in Harris County, Texas per the site plan provided. (See Site plan in addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. .....Page 2 Continued...... It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. The market values in the subject neighborhood appear to vary generally from +-$1.50 PSF to over $5.00 PSF for tracts generally similar to the subject property with locations that range from primary to secondary type roadways. The Ñparent tractsÒ surrounding the subject parcels consists of commercial and light industrial tracts. Some of these parcels are improved with office/warehouse facility most with open storage yards. These sites are reported to have general access public utilities. The site appears to be generally flat and level. The subject property is located in the 100 year flood plain. The adjacent properties are primarily improved with commercial office/ warehouse properties some of which include large open paved or stabilized yard areas. The Highest and Best Use of the subject property is determined to be for commercial or light industrial use. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above. There has been no other transfer of the subject property noted for the past 36 months per client data. The effective date of the appraisal is March 25, 2017. The date of the report is March 28, 2017. The estimated exposure time is up to 24 months. After a review of the comparable sales it is my opinion the estimated unit value range of between $1.50 to $5.00 PSF would be placed on the subject property with a mid-range value of $2.50 PSF being indicated for the parent tract. Therefore the unit market value of the subject tract is estimated at $2.50 PSF which is based on 100% fee simple ownership with no discounting applied. Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES , INC. REQUEST FOR CITY COUNCIL AGENDA ITEM Amount Budgeted Agenda Date Requested: March 11, 2019 Source of Funds: General Fund/Finance Requested By: Michael Dolby, Director of Finance Account Number: 6141-5001 Department: FINANCE Amount Budgeted $66,100 Report: xx Resolution: Ordinance: Amount Requested: $66,100 Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In accordance with the City Charter, the fiscal year ending September 30, 2018, Comprehensive Annual Financial Report (CAFR) will be presented to Council by the external auditors Whitley Penn. The audit report provides the City with reasonable assurance that the financial statements are free of material misstatements. The auditors designed tests that provide evidence that the financial statements conform to the highest level of accounting standards. The City of La Porte received an unmodified (clean) opinion from the auditors and no management comments or deficiencies in internal control were identified. The City of La Porte has won the Award for Excellence in Financial Reporting from the Government Finance Officers Association for thirty-seven (37) consecutive years. Action Required by Council: Consider approval or action to accept the Fiscal Year Ending September 30, 2018, Comprehensive Annual Financial Report (CAFR). Approved for City Council Agenda Corby Alexander, City Manager Date DRAFT 02.23.19 DRAFT 02.23.19 TABLE OF CONTENTS (continued) DRAFT 02.23.19 TABLE OF CONTENTS (continued) DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 The City of La Porte embraces our heritage, community values, and opportunities, while enhancing the quality of life for our citizens To provide improved infrastructure, to drive economic growth, and to enhance quality of life for our citizens. DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 Management’s Responsibility for the Financial Statements Auditor’s Responsibility Government Auditing Standards DRAFT 02.23.19 Required Supplementary Information Other Information DRAFT 02.23.19 Government Auditing Standards Government Auditing Standards Government Auditing Standards DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 MANAGEMENT’S DISCUSSION AND ANALYSIS (continued) DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 Exhibit A-1 STATEMENT OF NET POSITION September 30, 2018 DRAFT 02.23.19 STATEMENT OF ACTIVITIES For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit A-2 DRAFT 02.23.19 BALANCE SHEET GOVERNMENTAL FUNDS September 30, 2018 DRAFT 02.23.19 Exhibit A-3 DRAFT 02.23.19 This page intentionally left blank DRAFT 02.23.19 Exhibit A-4 RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET POSITION DRAFT 02.23.19 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit A-5 DRAFT 02.23.19 Exhibit A-6 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit A-7 STATEMENT OF NET POSITION PROPRIETARY FUNDS September 30, 2018 DRAFT 02.23.19 Exhibit A-8 STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit A-9 (Page 1 of 2) STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit A-9 (Page 2 of 2) STATEMENT OF CASH FLOWS PROPRIETARY FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENT DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Governmental Funds General Fund Debt Service Fund 2017 Certificate of Obligation Bonds Fund Tax Increment Reinvestment Zone One Fund (TIRZ) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Enterprise Funds Utility Enterprise Fund La Porte Water Authority Airport Fund DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Certain Investment Pools and Pool Participants. DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) deferred outflow of resources DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) deferred inflow of resources DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Texas Municipal Retirement System DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Texas Emergency Services Retirement System DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) TMRS Supplemental Death Benefits Fund DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Valuation Date: Methods and Assumptions: Other Information DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Retiree Health Care Plan (RHCP) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Valuation Date: Methods and Assumptions: DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Other Information: DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) DRAFT 02.23.19 NOTES TO FINANCIAL STATEMENTS (continued) Accounting and Financial Reporting for Postemployment Benefits Other Than Pension. DRAFT 02.23.19 DRAFT 02.23.19 Exhibit B-1 SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL (BUDGETARY BASIS) For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit B-2 SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL For the Year ended September 30, 2018 DRAFT 02.23.19 Exhibit B-2 NOTES TO REQUIRED SUPPLEMENTARY INFORMATION DRAFT 02.23.19 Exhibit B-3 SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS TEXAS MUNICIPAL RETIREMENT SYSTEM Last Four Measurement Years DRAFT 02.23.19 Exhibit B-4 SCHEDULE OF CONTRIBUTIONS TEXAS MUNICIPAL RETIREMENT SYSTEM Last Five Fiscal Years DRAFT 02.23.19 Exhibit B-5 SCHEDULE OF CITY'S PROPORTIONATE SHARE OF THE NET PENSION LIABILITY TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM LAST FOUR MEASUREMENT YEARS Exhibit B-6 SCHEDULE OF CITY'S CONTRIBUTIONS TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM LAST FIVE FISCAL YEARS DRAFT 02.23.19 Exhibit B-7 SCHEDULE OF CHANGES IN THE TOTAL OPEB LIABILITY AND RELATED RATIOS CITY OF LA PORTE RETIREE HEALTH CARE PLAN FOR THE MEASUREMENT YEAR ENDED DECEMBER 31 DRAFT 02.23.19 Exhibit B-8 SCHEDULE OF CHANGES IN THE TOTAL OPEB LIABILITY AND RELATED RATIOS TEXAS MUNICIPAL RETIREMENT SYSTEM SUPPLEMENTAL DEATH BENEFITS FUND FOR THE MEASUREMENT YEAR ENDED DECEMBER 31 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 Hotel/Motel Occupancy Tax Fund Section 4B Sales Tax Fund – Street Maintenance Sales Tax Fund Emergency Services Sales Tax Fund Restricted Funds 2006 Certificate of Obligation Bonds Fund 2010 Certificates of Obligation Bond Fund 2015 Certificate of Obligation Bonds Fund Drainage Improvements Capital Improvements DRAFT 02.23.19 COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS September 30, 2018 DRAFT 02.23.19 Exhibit C-1 Page 1 of 2 DRAFT 02.23.19 COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS September 30, 2018 DRAFT 02.23.19 Exhibit C-1 Page 2 of 2 DRAFT 02.23.19 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE NONMAJOR GOVERNMENTAL FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit C-2 Page 1 of 2 DRAFT 02.23.19 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE NONMAJOR GOVERNMENTAL FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 Exhibit C-2 Page 2 of 2 DRAFT 02.23.19 Exhibit C-3 DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-4 CAPITAL PROJECTS FUND - 2017 CERTIFICATE OF OBLIGATION BONDS SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-5 SPECIAL REVENUE FUND - HOTEL/MOTEL TAX SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-6 SPECIAL REVENUE FUND - SECTION 4B SALES TAX SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-7 SPECIAL REVENUE FUND - STREET MAINTENANCE SALES TAX FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-8 SPECIAL REVENUE FUND - EMERGENCY SERVICES SALES TAX FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-9 SPECIAL REVENUE FUND - RESTRICTED FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-10 2006 CERTIFICATE OF OBLIGATION BOND FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-11 2010 CERTIFICATE OF OBLIGATION BOND FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-12 2015 CERTIFICATE OF OBLIGATION BOND FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-13 CAPITAL IMPROVEMENTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 Exhibit C-14 CAPITAL PROJECTS FUND - DRAINAGE IMPROVEMENTS FUND SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 2018 With comparative actual totals for the year ended September 30, 2017 DRAFT 02.23.19 General Fund Schedule of Revenues - Budget and Actual For the Year Ended September 30, 2018 DRAFT 02.23.19 Page 1 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 Page 2 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 Page 3 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 Page 4 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 Page 5 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 Page 6 of 6 General Fund Schedule of Expenditures - Budget and Actual For the year ended September 30, 2018 DRAFT 02.23.19 COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS September 30, 2018 DRAFT 02.23.19 COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION INTERNAL SERVICE FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS For the Year Ended September 30, 2018 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank.) DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 (This Page Intentionally Left Blank) DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 (This page intentionally left blank DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 DRAFT 02.23.19 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 11, 2019 Source of Funds: 003 Requested By: Don Pennell, Public Works Director Account Number: 003-7085-533-5110 Department: Public Works________________________ Amount Budgeted: $310,000 Report: x Resolution: Ordinance: Amount Requested: $328,440 Exhibit: Bid Tabulation Budgeted Item: Yes Exhibit: Vendor Access Report Exhibit: Letter of Recommendation SUMMARY & RECOMMENDATION On February 12, 2019 the City opened and read the Public Works project sealed bid (#19009) for Ground Storage Tank Replacement at Collegeview Water Plant. The bid requests were advertised in the Bay Area Observer, posted on the City of La Porte website and Public Purchase. Sixty (60) vendors were notified with twenty-six (26) downloading the bid documents and two (2) contractors returning bids. Schier Construction Company submitted the lowest bid in the amount of $312,800. Dunham Engineering, Inc. has submitted a letter of recommendation. The bid exceeds remaining available budget by $2,800. Staff requests to utilize contingency funds from the Utility Fund (003) which has $50,000 available to cover this amount and any project contingency needed, not to exceed $15,640. Project Benefits, Liabilities, and Operating Cost: Benefits: The existing tank is over forty (40) years old and has exceeded its useful life. Also, the proposed project provides for increasing the height of the tank to a standard 24 feet, which will add 50,000 gallons in storage capacity. Liabilities of Maintaining the Status Quo: The tank will experience continued deterioration and possible water quality issues if the replacement is deferred for an extended period of time. Operating Costs: Maintenance costs will be decreased. Action Required of City Council: Consider approval or other action authorizing the City Manager to execute a contract with Schier Construction Company for the Ground Storage Tank Replacement at Collegeview Water Plant in the amount of $312,800, plus a 5% project contingency of $15,640, for a total authorization of $328,440. Approved for City Council Agenda Corby D. Alexander, City Manager Date Access Report AgencyCity of La Porte (TX) Bid Number19009 Bid TitleGround Storage Tank Replacment - Collegeview Wa Vendor NameAccessed First TimeDocuments Hearn Company2019-01-24 09:38 AM CSTBid 19009 Ground Storage Tank Bid 19009 Ground Storage Tank Iseler Demolition, Inc2019-01-30 11:39 AM CST BidClerk2019-01-29 01:20 AM CSTBid 19009 Ground Storage Tank PLW Waterworks, LLC2019-01-24 10:11 AM CSTBid 19009 Ground Storage Tank Grand Cayon Minority Contractors Ass 2019-01-28 10:35 PM CSTBid 19009 Ground Storage Tank Pittsburg Tank & Tower Maintenance C 2019-02-01 03:31 PM CSTBid 19009 Ground Storage Tank KSA Engineers2019-01-30 11:44 AM CSTBid 19009 Ground Storage Tank Schier Construction Company Inc.2019-01-31 01:48 PM CSTBid 19009 Ground Storage Tank IMS2019-01-25 10:11 AM CSTBid 19009 Ground Storage Tank Dale Dobbins2019-01-24 03:13 PM CSTBid 19009 Ground Storage Tank Superior Grouting2019-02-11 12:10 PM CSTBid 19009 Ground Storage Tank Dodge Data & Analytics2019-01-24 10:10 AM CSTBid 19009 Ground Storage Tank SmartProcure2019-01-25 06:10 AM CSTBid 19009 Ground Storage Tank Tukmol General Contractor2019-01-29 03:25 AM CSTBid 19009 Ground Storage Tank Advanced Starlight International2019-02-01 05:44 AM CSTBid 19009 Ground Storage Tank american tank company2019-02-11 04:18 PM CSTBid 19009 Ground Storage Tank North America Procurement Council2019-01-24 11:26 PM CSTBid 19009 Ground Storage Tank Onvia2019-01-24 01:01 PM CSTBid 19009 Ground Storage Tank SUPERIOR TANK COMPANY INC.2019-02-06 10:56 AM CSTBid 19009 Ground Storage Tank Perkens WS Corporation2019-01-27 11:45 PM CSTBid 19009 Ground Storage Tank Webtech2019-01-26 02:10 AM CSTBid 19009 Ground Storage Tank Precision Plant Services, LLC.2019-01-24 11:01 AM CSTBid 19009 Ground Storage Tank W.W. Payton Corportion2019-01-24 06:15 PM CSTBid 19009 Ground Storage Tank United Industries Group, Inc.2019-01-29 12:15 PM CSTBid 19009 Ground Storage Tank American Structures Inc.2019-01-29 01:24 PM CSTBid 19009 Ground Storage Tank L&L Supplies2019-01-28 04:14 PM CSTBid 19009 Ground Storage Tank ater Plant BID TABULATION-BID 19009 GROUND STORAGE TANK REPLACEMENT-COLLEGEVIEW WATER PLANT SCHIER WW PAYTON CONSTRUCTION CORPORATION COMPANY Description Item No. 1 Ground Storage Tank Replacement TOTAL BASE BID$312,800.00$390,000.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: March 11, 2019 Source of Funds: N/A Requested By: Don Pennell, Public Works Director Account Number: Department: Public Works Amount Budgeted: Report: X Resolution: Ordinance: Amount Requested: Exhibits: Request to Construct Hydraulic Report Budgeted Item: Shoreacres Contract HB 1311 SUMMARY & RECOMMENDATION The La Porte Area Water Authority (LPAWA) Board, at its February 13, 2019, meeting, authorized the Water Authority Manager (La Porte City Manager) to negotiate a contract with the City of Shoreacres for the construction of an additional waterline and meter station to the Shoreacres water plant on Shoreacres Boulevard, east of South Broadway. The City of Shoreacres will bear all costs associated with survey, easement acquisition, design, and construction of the project. The constructed waterline will become property of and be managed/operated by the LPAWA. Public Works staff requested that a hydraulic analysis be performed to determine if the water supply from the LPAWA waterline at Bayside Drive and South Broadway was feasible. The analysis determined that there was only minor influence on the LPAWA system with no negative impact at maximum daily flow. The route of the proposed waterline is on the last page of the hydraulic analysis report. Currently there is LPAWA supply to Shoreacres Water Plant #2 at the end of Bayou Forest Drive. There is no LPAWA supply to Water Plant #1 on Shoreacres Boulevard. When there are higher water demands, the Water Plant #1 starts and the ground storage tank begins to empty. The tank can be refilled with the well on site but is limited in the amount of use to 10 percent of total water used by the Harris Galveston Subsidence District. The tank is currently refilled after demand decreases using Plant #2 and the Shoreacres distribution system. The additional LPAWA waterline will eliminate this type of operation and reduce the possibility of Shoreacres being without water. The contract between LPAWA and Shoreacres allows for the additional waterline requested when all costs associated with construction are borne by the City of Shoreacres. Shoreacres has been approved for and secured a loan from the Texas Water Development Board (TWDB) for the design and construction of the additional LPAWA waterline. 1981 House Bill 1311 creating the LPAWA requires the LPAWA Board and La Porte City Council approval for the LPAWA to enter into contracts or agreements. Staff recommends approval of the additional waterline design and construction by the City of Shoreacres. The contract draft is to be provided for LPAWA Board and La Porte City Council approval. Action Required by Council: Consider approval or other action authorizing the LPAWA Manager to negotiate a contract with the City of Shoreacres for the design and construction of an additional LPAWA waterline and metering station. Approved for City Council Agenda Corby Alexander, City Manager Date CAPITAL IMPROVEMENT PROJECTS R 6-B 14 TX- WHARTON WEEM S BLVD EXHIBIT 1 R Y D A IRW FA PROPOSED SURFACE WATER T ST S HUR OAK EEXXIISSTTIINNGG 1100"" ST BAY CONNECTION TO WATER PLANT NO.1 TTRRAANNSSMMIISSSSIIOONN LLIINNEE Y ST S LN OSE RIMR P EEXXIISSTTIINNGG 88"" DEL AN S LEGEND DR NIPER JU TTRRAANNSSMMIISSSSIIOONN LLIINNEE FOUNTAIN DR WP WATER PLANT ! LLAA PPOORRTTEE HHUUMMPPHHRREEVVIILLLLEE WWTTPP EXISTING 6" WATER TRANSMISSION LINE RD ABE C C M T FF S BLU PINE PROPOSED 6" WATER TRANSMISSION LINE L'S EXISTING WATER TRANSMISSION LINE WP Y ST BERR ACK H ! CITY OF SHOREACRES BOUNDARY E AVE TRE LOW HOL EEXXIISSTTIINNGG 66"" TTRRAANNSSMMIISSSSIIOONN LLIINNEE SSHHOORREEAACCRREESS WWTTPP NNOO..22 R RD RIVE HADY S S DR OAK BAY DR OAKS BAY PPRROOPPOOSSEEDD 66"" WP ! AVE AWN OWL EAD TTRRAANNSSMMIISSSSIIOONN M LLIINNEE VE N A LAW DOW MEA Ê VE EST A FOR 05001,0002,000 SSHHOORREEAACCRREESS WWTTPP NNOO..11 Feet AVE OVE EAGR S WP ! D TE R HOA C AVE DALE OAK ST OOD AYW B R UB D TRY CL OUN S C AY COLONY DR B LN DY SHA N REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested March 11, 2019 Source of Funds: N/A Requested By: Lee Woodward Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report X Resolution: Ordinance: Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Chapter 172 Employee, Retiree Insurance & Benefits Board has a vacant position (Citizen Position 1) following the resignation of Martha Gillett. The Council is being asked to consider an appointment to fill the vacancy of Citizen Position 1 for an unexpired portion of the two-year term ending of August 31, 2019. Action Required by Council: Discussion and possible action regarding appointment to the vacant position on the Chapter 172 Employee, Retiree Insurance & Benefits Board with a term expiring on August 31, 2019. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 11, 2019 Appropriation Requested By: Rosalyn Epting Source of Funds: N/A Department: Parks & Recreation Acct Number: Report: Resolution: Ordinance: __ Amount Budgeted: Exhibits: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Parks & Recreation Department is starting the process of updating the Parks, Recreation, and Open Space Master Plan. The consultant that has been hired for this process is Halff Associates. Aaron Tuley from Halff Associates will discuss the Master Plan process and receive any feedback from Council. Action Required by Council: Discussion and possible action regarding the City of La Porte Parks, Recreation, and Open Space Master Plan. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: March 11, 2019 Source of Funds: Requested By: Jason Weeks, Asst. City Manager Account Number: Department: CMO Amount Budgeted: Report: ___ Resolution: _____ Ordinance: _________ Amount Requested: Exhibit: 10/1/1978 agreement with HOA Budgeted Item: YES NO Exhibit: Administrative Code for Pools Exhibit: New 2-year agreement with HOA SUMMARY & RECOMMENDATION On October 1, 1978, the City entered into a 40-year agreement with the Fairmont Park West Community Improvement Association (HOA) for the lease/rent of the park & swimming pool property located at Oakmont Drive, Rustic Gate Road, and Cedarmont Drive in the Fairmont Park West subdivision. The HOA paid $40 in advance ($1 per year for the 40-year agreement) for the right to operate and maintain the park and pool property. This agreement expired on September 30, 2018. There were many discussions last year pertaining tswimming pool up and and Parks & Recreation Department provided assistance financially and with necessary staff to assist the HOA in getting the swimming -19 budget process, the Council discussed several options moving forward concerning the Fairmont Park West park and swimming pool (demo pool, demo pool and build splash-pad, and enter into a new agreement with HOA). Ultimately, the Council gave staff direction to meet with the HOA and determine if a short-term extension to the agreement could be agreed upon. The City Manager and HOA representative Mike Patterson met the last week of September 2018 to iron out what the short-term extension agreement would need to include. Staff drafted an agreement that was reviewed by attorney, then sent it to Mr. Patterson for review. The City Manager met again with Mr. Patterson and several HOA board members in February 2019 to discuss the drafted agreement. Before the Council tonight is a two-year extension agreement allowing the Fairmont Park West HOA to continue to operate the Fairmont Park West park and swimming pool. The highlights of the agreement are: Two-year agreement (October 1, 2018, to September 30, 2020) Annual rental amount of $1 ($2 for term of agreement) Annually, City will allocate $20,000 for maintenance of the swimming pool and club house to include the swimming pool pumps, chemicals, and repairs. Swimming pool will be open to the general public, including individuals who are not residents of Fairmont Park West Subdivision, without charge or fee. HOA will maintain at their own cost the necessary lifeguards to operate the Class B pool in a manner as required by law. HOA would be responsible for general, routine, and normal maintenance of Fairmont Park West grounds. HOA would be responsible for acquiring liability coverage in the amount of $2 million dollars for each occurrence and $4 million dollars in aggregate to cover any accidents occurring on leased property. This is the same coverages the City maintains for other City swimming pool facilities. Action Required by Council: Discuss, consider and possibly act upon a two-year lease agreement for Fairmont Park West HOA to maintain and operate the Fairmont Park West park and swimming pool. Approved for City Council Agenda Corby D. Alexander Date Next Rule>> Texas Administrative Code TITLE 25 HEALTH SERVICES PART 1 DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 265 GENERAL SANITATION SUBCHAPTER L STANDARDS FOR PUBLIC POOLS AND SPAS RULE §265.181 General Provisions (a) Scope and purpose of rules. These rules address minimum standards for design and construction of pools and spas. These rules also establish minimum operating standards for pools and spas to assure proper filtration, chemical, and general maintenance of water and safety to users. These standards are based in part on the American National Standards Institute and the National Spa and Pool Institute Standards for Public Swimming Pools (ANSI/NSPI-1 1991) and the American National Standards Institute and National Spa and Pool Institute Standards for Public Spas (ANSI/NSPI-2 1992). These rules are in addition to any municipal or federal laws applicable to pools and spas. These rules implement Texas Health and Safety Code, Title 5, Subtitle A, §341.064(g), and are considered good public health engineering and safety practices. (b) Application of rules. (1) A pool or spa constructed prior to October 1, 1999 will be defined as "pre-10/01/99." A pool or spa constructed on or after October 1, 1999 will be defined as "post-10/01/99." A pool or spa is considered constructed on the date that a building permit for construction of the pool or spa is issued by a municipality or, if no building permit is required, the pool/spa operator/owner must produce adequate written documentation of the date that excavation or electrical service to the pool or spa begins, whichever is first. (2) A pool or spa serving only one or two dwellings (a single family home or a duplex), regardless of whether the pool or spa is permanently or temporarily installed in or above the ground, is exempt from these rules. (3) Each section of the rules states the extent to which the rule applies to post-10/01/99 or pre-10/01/99 pools, spas, or facilities. (4) The standards for pools or spas that apply to pools or spas constructed on or after October 1, 1999, are contained in these rules. Except for rules that specifically apply to pre-10/01/99 pools and spas, the standards for pool or spa design and construction are those standards that were in existence at the time the pool or spa was initially constructed, including then-applicable local, state and federal laws except as otherwise stated in these rules. Owners of pre-10/01/99 pools and spas may follow the rules applicable to post-10/01/99 pools and spas. (5) The standards for spa design, construction, and operation that apply to post-10/01/99 and pre-10/01/99 spas are contained or referenced in §265.205 of this title (relating to Construction, Operation, and Maintenance of Post-10/01/99 and Pre-10/01/99 Spas). (6) The standards for pool or spa operation that apply to pre-10/01/99 pools or spas are the provisions that specifically state that they are applicable to pre-10/01/99 pools or spas. (7) The standards contained in these rules shall be met notwithstanding minor variations in equipment, materials, or design if: (A) the variation provides the quality, strength and durability equal to or greater than the standards contained in these rules; and (B) the operation, maintenance, safety, and sanitation of the pool or spa are not adversely affected by the variation. (8) Where a local regulatory authority has jurisdiction for the regulation of pools and spas, such authorities may, as statutorily allowed, adopt standards that vary from these standards; however, such standards shall be the same as, equivalent to, or more stringent than these standards and shall be in accordance with good public health engineering and safety practices. (c) Stricter codes and standards. Whenever a pool or spa owner is in compliance with a more recent code or standard that is stricter than these rules, that standard shall be deemed as in compliance with these rules on a particular subject. (1) Except as expressly provided in these rules, an owner whose pool or spa was constructed in compliance with a standard applicable on the date of construction is not required to modify construction to comply with a subsequent construction standard for post-10/01/99 pools and spas. (2) Except as expressly provided in these rules, an owner whose pool or spa equipment was in compliance with a standard applicable at the time installation of equipment is not required to purchase and reinstall equipment complying with a subsequent equipment standard for post-10/01/99 pools and spas in these rules. (3) Post-10/01/99 and pre-10/01/99 facilities shall be required to meet the operational standard that is most applicable to their use. For example, if a pool is operated as a Class C pool but will be made available for use by the general public, the pool shall meet Class B operational standards for lifeguards, etc.; or if a pool is normally operated as a Class B pool but, is used for a private party and is closed to the general public for the duration of the party the pool shall meet Class C operational standards. (4) A post-10/01/99 facility shall be required to meet the applicable construction standard that is most restrictive for its intended use. For example, if a pool at a facility that is generally classified as a Class C pool open for use by the general public at any time, it shall be constructed to meet Class B pool standards. Source Note: The provisions of this §265.181 adopted to be effective September 1, 2004, 29 TexReg 7704 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § LEASE AGREEMENT FOR FAIRMONT PARK WEST POOL AND PARK This Agreement of Lease, effective the 1st day of October, 2018, by and between the CITY OF LA PORTE, TEXAS, a municipal corporation located in Harris County, Texas, hereinafter called LESSOR, and FAIRMONT PARK WEST HOMEOWNERS ASSOCIATION, a Texas non-profit corporation having its principal office in Harris County, Texas, hereinafter called LESSEE, W I T N E S S E T H: That the Parties hereto, for and.in consideration of the premises, and the rents, covenants and agreements contained herein, agree as follows: I. This lease is entered into pursuant to Texas Local Government Sec. 253.006(b), which authorizes a municipality by ordinance or resolution to lease a swimming pool owned by the municipality, subject to the requirement that it be operated by the lessee as a public swimming pool. II. LESSOR hereby leases and rents to LESSEE for the operation of a public swimming pool and appurtenant park space with playground equipment, the following described tract of land (hereinafter , and commonly known as "Fairmont West Park," and being more particularly described as follows, to-wit: That certain lot, tract, or parcel of land, known as "Reserve 'A'," containing 1.162 acres, more or less, as shown on the Plat of Section Three (3), FAIRMONT PARK WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County, Texas, reference to which is here made for all purposes. III. The term of this lease is for a two-year period beginning on the 1st day of October, 2018, and ending on the 30th day of September, 2020. Upon the expiration date of this lease, no notice to quit possession shall be necessary, and LESSEE covenants to peaceably surrender possession of the premises to LESSOR on that date. IV. As rent for the use and occupancy of the leased premises, LESSEE hereby agrees, binds and obligates itself to pay unto LESSOR the total sum of Two Dollars ($2.00), in advance upon the execution hereof, representing an annual rental of One Dollar ($1.00), payable in advance for the entire lease term. V. LESSEE certifies that it is a duly qualified homeowners association, which meets the minimum standards promulgated by the United States Department of Housing and Urban Development, for qualification for FHA and/or VA loans; and that it has been incorporated as a Texas non-profit corporation. VI. LESSEE shall not have the right to sell or assign this lease, or to sublet the leased premises, or any part thereof. Furthermore, LESSEE shall not place or suffer any Deed of Trust, Mortgage, Mechanic's, or any other type of lien, on the leased premises, or upon the permanent improvements thereon erected, and any person, firm or corporation making any loans or advances to LESSEE, for such improvements, shall look solely to the revenues of LESSEE for the retirement of anysuch indebtedness by LESSEE. Notwithstanding the foregoing, LESSEE shall have the right to rent the leased premises to a third party on an hourly and daily basis for special events such as birthday parties and family reunions. VII. The LESSEE shall open the Fairmont Park West swimming pool and appurtenant park space to the general public, including to individuals who are not residents of Fairmont Park West subdivision, without charge or fee. Due to the swimming pool being available for use by the general public, the LESSEE shall provide the required number of lifeguards (one lifeguard and one second responder) for operation of a Class B pool, in accordance with Texas Administrative Code Section Title 25, Part 1, Chapter 265, Section 265.199, at the sole cost to the LESSEE. LESSOR will annually appropriate $20,000.00 to provide general, routine and normal upkeep (i.e. application of swimming pool chemicals, cleaning, etc.) of the swimming pool and pool house. However, the LESSEE shall be responsible for general, routine and normal maintenance of the appurtenant park space, specifically including the playground equipment and other amenities situated thereon, and agrees to be responsible for mowing and landscaping of the leased premises (including areas immediately surrounding the swimming pool). In addition, LESSEE is required to maintain and pay all utility expenses, including but not limited to electricity, water and sanitary sewer, for operation of the leased premises. VIII. Nothing contained in this lease shall be construed as a restriction upon the power of the City Council of the City of La Porte, from time to time to promulgate such reasonable rules and regulations concerning the maintenance, operation, health, safety and welfare of the park facility herein demised, and of the persons utilizing the same. IX. LESSEE shall have the right to erect facilities, equipment or permanent improvements on the leased premises, during the term of the lease. However, LESSOR reserves the right, from time to time, acting by and through its City Council, to establish minimum standards for the type and quality of facilities to be erected by LESSEE on the leased premises, and for the staffing of such facilities; provide minimum ratios of off street parking, based upon the amount of acreage in the leased premises; and, adopt such other measures regarding the health, welfare, and safety, of the persons utilizing such facilities as the City Council in its discretion may from time to time promulgate. X. LESSEE shall be obligated to maintain the leased premises in a good state of repair and neat appearance, and keep the grass mowed at all times. LESSEE shall provide adequate refuse containers on the leased premises, and regularly deposit the contents of same into such refuse containers as may be required by the LESSOR, from time to time, or by such independent contractor as may serve the area, if the general area in which the leased premises is located is not provided refuse collection service by LESSOR. LESSEE shall provide necessary permanent sanitary facilities, telephone, and other services that may be required to protect the health, welfare and safety of LESSEE'S patrons. XI. LESSEE agrees to obtain and maintain at its sole cost and expense, public liability insurance and property damage insurance on the leased premises to protect LESSOR and LESSEE against all loss or damage from the claims of all persons who may be in or on these premises by the invitation, consent or sufferance of LESSEE.Such public liability insurance shall have limits of liability of a minimum of Two Million Dollars ($2,000,000) for each occurrence and Two Million Dollars ($2,000,000) for sudden events and Four Million Dollars ($4,000,000) in aggregate, with respect to any accident occurring on the leased premises. LESSEE shall furnish LESSOR certificates of all insurance coverage. XII. LESSEE shall use due care and diligence in all activities and operations on the leased premises, and will indemnify and save harmless LESSOR from any liabilities, loss, costs or other expense of any nature. LESSEE shall give LESSOR immediate notice of any matter covered hereby and shall forward to LESSOR every demand, notice, summons or other process received in any claim or legal proceeding covered hereby. XIII. In case of bankruptcy or insolvency on the part of LESSEE, or in case of any receiver being appointed to take charge of the property, or any portion of the property of LESSEE, in or upon the premises hereby leased, then and in such event the LESSOR may, at its option, declare this lease to be terminated or forfeited by the LESSEE; and LESSOR shall be entitled in such event to the immediate possession of such premises and no receiver, trustee in bankruptcy, or assigns for the benefit of creditors shall acquire in any such case any of the rights of the LESSEE hereunder; the landlord's lien, however, in such event, shall not cease and the liability of the LESSEE for the damages on account of breach of any obligation to be performed by the LESSEE under the terms of this lease shall continue and remain in full force and effect. XIV. Failure on the part of the LESSEE to perform any of the terms, agreements, conditions and covenants imposed by this lease shall, at the option of the LESSOR, give right to LESSOR to cancel the lease and all rights of LESSEE shall be thereupon terminated and all buildings and permanent improvements placed on the leased premises by LESSEE shall become the property of the LESSOR; provided, however, LESSEE shall have at least sixty (60) days or agreed-upon days written notice from LESSOR in which to correct any default before cancellation. Upon receiving the written notice from the LESSOR, the LESSEE shall provide a written response and plan to remedy the default. LESSOR and LESSEE will negotiate in good faith to ing the default. In the event that LESSEE fails to correct any such default during such sixty (60) day period or agreed- upon days, LESSOR, its agents or attorneys, shall have the right to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or breach of covenant, or LESSOR, its agents or attorneys, may resume possession of the premises and re-let the same for the remainder of the term for the best rental it may obtain, for account of LESSEE, which shall make good any deficiency. The failure of the LESSOR to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or condition. XV. Upon the termination of this lease, it is understood and agreed between the parties that any permanent improvements erected (defined as any structure that is permanently attached to land, buildings or systems) on the leased premises by LESSEE shall be the property of LESSOR. XVI. LESSOR covenants that LESSOR has good right and lawful authority to execute this Lease, that throughout the term hereof LESSEE shall have, hold and enjoy peaceful and uninterrupted possession of all of the premises hereby leased and granted, subject always to the performance of the covenants, as herein provided to be paid and performed by LESSEE. XVII. Notices provided for in this Lease shall be sufficient if sent by registered mail, postage prepaid, addressed, if to LESSOR, to the City of La Porte, 604 W. Fairmont Parkway, Attention: City Manager, La Porte, Texas; and, if to LESSEE, to its registered agent, AVR Management, 12929 Gulf Freeway #320, Houston, Texas 77034, or to such other respective addresses as the Parties hereto may designate in writing from time to time. XVIII. All references herein contained to LESSOR and to LESSEE, shall be deemed to include the successors, assigns, and legal representatives of each. IN WITNESS WHEREOF, the Parties hereto have hereunto signed and sealed this instrument in several duplicate originals, this the ____ day of __________, 2019. CITY OF LA PORTE, TEXAS By ___________________________________ City Manager ATTEST: ___________________________________________ City Secretary APPROVED: ___________________________________________ City Attorney ___________________________________________ President, Fairmont Park West ___________________________________________ Vice-President, Fairmont Park West Council Agenda Item March 11, 2019 6 (a)Receive report of the Fiscal Affairs Committee Councilmember Engelken ***********************************************************************************