HomeMy WebLinkAbout10-28-19 Regular Meeting of the La Porte City Council
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28th, 2019
Source of Funds:
Requested By: Ryan Cramer, E.D. Coordinator
Department: CMO
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Economic Alliance presentation
Budgeted Item: Yes No
SUMMARY
As a part of their agreement with the City, the Port Region Economic Alliance is to make an annual
presentation to the Economic Development Corporation and City Council.
RECOMMENDED MOTION
No action necessary.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
2019
9176 ext. 1
-
Chad Burke
(281) 476
chad@allianceportregion.com
October 28,
Annual Report
City of La Porte
.
profit organization, created in 1985 whose mission is to
-
Our Mission A non
Economic Alliance
Houston
of the
Private Sector
Cities,
complex of foreign tonnage
12 Harris County, Port Houston,250+ Members
25 miles Ship Channel:1.2.
after region in the world for petrochemical, manufacturing, maritime and
-
Most soughtlogistics operations
Who We Represent
Economic Development
of key members
selection tours
-
site
mobilization
for projects &
access to data
real estate searches
Conduct Participation and coordination of Facilitate Provide guidance in evaluating State and Local incentive
& workforce programsAdvocacy
Economic Development Professional Economic Development Services Provide a professional relationship to navigate the multiple facets of the site selection/expansion process, including
the facilitation to our economic development support network.
$ 1.1 B
ONE TIME IMPACT
680
INDIRECT JOBS
1275
75
CONSTRUCTION JOBS
JOBS RETAINED
4 Project Wins in 2018 Impact on the Houston Port Region
100
$ 146.1M
CAPITAL INVESTMENT = $1.035 B
ANNUAL IMPACT
HFOTCO
JOBS CREATED
ECONOMIC IMPACT ON THE HOUSTON PORT REGION
800
TOTAL JOBS
Economic Development
$10 B Capital Investment2,894 Jobs Created
90
$1,195
2018
300
$2,400
2017
45
$473
Historical
2016
63
$427
2015
$1,725230
2014
2018)
-
$1,275695
Jobs
2013
Years
485
$1,519
2012
$823
233Capital Inv ($M)
2011
258$118
Capital Investment & Job Creation
Houston Port Region (2008
2010
265$165
2009
230$28
2008
00
Year
0
500
30002500200015001000
)Capital Investment ($M
Impact on the Houston Port Region
Economic Development
$7.4B
57%
Investment
Potential Capital
Manufacturing
Logistics
2,064
Job Creation
Potential Direct
11%
Project Pipeline by Sector
22%
31
Petrochemical
Total
Projects
Current Project Pipeline Breakdown
Economic Development
of a U.S. chemical industry
, which is 46 percent higher than the
$106,707
job created from the business of chemistry,
average U.S. manufacturing pay.
average annual salary
7.1 jobs are created in other sectors.
every one
For
In addition, the
employee in Texas is
Why focus on the Petrochemical Industry?
Economic Development
Transportation
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There Have Been Dramatic Air Quality Improvements in Houston since 1985
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exports of all grades of US crude oil.
At the end of 2015, the US congress fully liberalized
35% increase in 1 year after a decade of 0% growth
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.
21% of states GDP
container volumes will grow
came online in 2018
maintain global competitiveness
in the petrochemical industry over the last 8
$50B in projects years, the first production
Combined with Port of Houston trade via the Panama Canal and increased resin production, from 2 million TEU in 2016 to 3 million TEU by 2020 Houston Ship Channel activity accounts for
The state needs to invest in this critical freight infrastructure to avoid congestion &
1.2.3.4.
Infrastructure following Development
Transportation Taskforce
18
Assoc. (130+ plants)
Transportation Taskforce
movement of Freight and Commuters
-
Addressing critical issues associated with the
Regional MayorsEast Harris County Port of Houston AuthorityHarris County TxDOTHGAC
Committee of Regional Transportation Stakeholders
Public Policy
19
20
Ready to Let: 2021 or EarlierEstimated Amount: $180 Million
Final Design: Fall 2022Estimated Amount: $42 Million
2022
-
13 active projects around Port Road 2019
Workforce Development
to address
paying careers supporting
-
with the EHCMA and 9 community
demand, high
-
partnerships
recruit and train a qualified workforce
career paths and job opportunities
Leveraging colleges to Providing attrition, skill enhancement and demand
Targeting highthe petrochem and maritime industries Workforce Excellence Award >250,000 population
Inspiring & Preparing the Next Generation Workforce
Workforce Development Filling the pipeline of potential workers in the petrochemical, maritime and logistics industries.
Hire
Train
Market
Our mission is to fill the pipeline of potential workers in the petrochemical, manufacturing, maritime and logistics industries. While leveraging partnerships with the East Harris County
Manufacturers Association and 9 community colleges to recruit a qualified workforce.
Talent Pipeline
76
Contacts
2018
9,304
Presentations
72
Contacts
2017
Presentations
12,909
50
Contacts
2016
5,222
Presentations
Market
198 Presentations27,435 Contacts
2018 Events & Contacts
2016
Public Policy
Passed
-
Passed
Passed
-
-
Passed
-
Deploy to Employ
Reauthorized
-
2019
Federal Policy
State White Paper Considerations Chapter 312 Coastal Spine Taxing Authority Workforce HB2214 Texas Emissions Reduction Plan Expedited Permitting
meetings in Washington DC.
31 members participated in 35
Widening Project
Federal White Paper Considerations Port Infrastructure Workforce InvestmentEXIM Bank ReauthorizationStorm Surge Protection
2019
Austin, TX
State Policy
participated in 31 meetings in
Public Policy
24 Economic Alliance members
Quality of Life
:
Plantings
Murals/Art
Streetscapes
Quality of Life
Project Options
Park Improvements
$5,000 Matching Grant
La Porte
Houston
Seabrook
Pasadena
Deer Park
Jacinto City
Galena Park
Cities currently participating:
Leading the Conversation
th
& 19
th
Attendees
Exhibiting Companies & Institutions
1000+ 40 Global Chemicals OutlookPlant Managers PanelMidstream Oil & Gas ReportRegulations & Policy UpdatePort Houston UpdateCEO Outlook
Networking & ConnectionsIndustry & Market Insight
Annual Conference of National Industry Leaders
th
day Conference Brings Together Industry Leaders focused in
-
2Petrochemicals, Energy and Logistics
Informing the Nation Gulf Coast Industry Forum: September 18 10
www.allianceportregion.com
Thank You
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilperson District 3
BRANDON LUNSFORD
Mayor Pro-Tem
Councilperson At Large A
THOMAS GARZA
STEVE GILLETT
Councilperson District 4
Councilperson At Large B
JAY MARTIN
DANNY EARP
Councilperson District 5
Councilperson District 1
NANCY OJEDA
CHUCK ENGELKEN
Councilperson District 6
Councilperson District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
OCTOBER 14, 2019
The City Council of the City of La Porte met in a regular meeting on Monday, October 14, 2019, at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance:
Councilpersons present: Louis Rigby, Thomas Garza, Steve Gillett, Danny Earp, Chuck Engelken, Bill Bentley, Brandon
Lunsford, Jay Martin, Nancy Ojeda
Councilpersons 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 Rev. Brian Christen, La Porte Community Church.
PLEDGES The pledges of allegiance to the U.S. and Texas flags were led by Councilperson Brandon Lunsford.
3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
Proclamation Domestic Violence Awareness and Prevention Month. \[Mayor Rigby\]
4.PUBLIC COMMENTS (Limited to five minutes per person) Chuck Rosa spoke in appreciation of the 2019 Texas
House Bill 2840 on public comments, read portions of the statutory language, and spoke in disapproval of
Councilpersons.
5.CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with
staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda
for full discussion upon request by a member of the Council present at this meeting.)
(a) Approve the minutes of the special City Council meetings held on September 19 and September 30, 2019,
and the regular meeting held on September 23, 2019. \[Mayor Rigby\]
(b) Approve the purchases of various vehicles and equipment through Texas BuyBoard and H-GAC
Cooperative purchasing programs, in accordance with the FY 2019-2020 Vehicle Replacement Program
schedule. \[Ray Mayo, Public Works Director\]
(c) Approve amending meeting dates of regular City Council meetings in November and December 2019.
\[Mayor Rigby\]
(d) Authorize the City Manager to enter into US Communities contract #R-BB-19002 for Cintas to provide
uniform rental services. \[Cherell Daeumer, Purchasing Manager\]
(e) Authorize the City Manager to enter into agreements with Dunham Engineering for the design, bid, and
construction phase services for the Hillridge Ground Tank Replacement and for the Coating of Lomax
Elevated Storage Tank CIP projects. \[Ray Mayo, Public Works Director\]
Councilperson Engelken moved to approve the consent agenda items a, b, d, and e; the motion was adopted, 9-0.
Councilperson Engelken moved to approve item c; the motion was adopted, 8-1, Councilperson Garza voting
against.
Page 1 of 3
October 14, 2019, Council Meeting Minutes
6.STATUTORY AGENDA
(a) Presentation and discussion on adoption of Ordinance 2019-3758, to amend the Council Rules of Procedure
and Ethics Policy. \[Mayor Rigby\]
Councilpersons worked from the Section 5 through the end of the Rules of Procedure proposal and chose to review
the Ethics Policy at the next meeting.
(b) Presentation, discussion, and possible action on a report from the compensation work group. \[Matt
Hartleib, HR Manager\]
Matt Hartleib, HR Manager, thanked Councilpersons Engelken, Bentley, and Lunsford for their work and reviewed
the compensation aspects that had been considered. Councilperson Engelken moved to approve the compensation
workgroup recommendations to:
1. Make adjustments to roughly 91 employees to bring them to at least the same position in their range that
they held before ranges were adjusted;
2. Adjust ten employees of a current 56 employees across 29 positions who will be reassigned to different
grades on the La Porte salary structure;
3. Add a standard of living adjustment of $1 per hour for each eligible employee; and
4. Establish compensation philosophies/practices beginning fiscal year 2019-2020
and the Council clarified that this would apply only to employees who have been here at least six months as of
today. Councilperson Garza moved to amend that all those employed as of today receive the dollar per hour raise;
the motion did not receive a second and was not considered by the Council. The original motion was adopted, 8-1,
Councilperson Garza voting against.
During Council Comments, Councilperson Garza requested he be permitted to make a formal request for a record
of his dissent on the vote for merit raises, saying he felt it was unfair and incompatible with the statement that the
philosophy is
and
7.REPORTS
(a) Receive a report of the Drainage and Flooding Committee Meeting. \[Councilperson Jay Martin\]
Councilperson Martin reported on the Drainage and Flooding Committee meeting, relaying that it received reports
from staff but that the Harris County Flood Control District (HCFCD) representative did not attend the meeting. He
added that the Committee had a considerable level of frustration with project progress and that the next meeting
was set for November 11.
8.ADMINISTRATIVE REPORTS
Planning and Zoning Commission Meeting, Thursday, October 17, 2019
Zoning Board of Adjustment Meeting, Thursday, October 24, 2019
City Council Meeting, Monday, October 28, 2019
City Manager Corby Alexander thanked the compensation work group and invited the Council to the employee Family
Fun Day this Saturday at Lomax Arena beginning at 3 p.m.
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.
Councilpersons thanked the compensation work group and expressed hopes for employee care with the initiatives going
forward; applauded all the City departments that participated in National Night Out; gave kudos to the City Manager and
staff for getting the Somerton Road project completed and opened; acknowledged how much is going on in the city in
parks and with new recycling bins; warned the public about credit cards being skimmed; recognized Charlie Perry, who
will be named an LPISD Distinguished Citizen this week; shared how much fun local families had at Fright Night; noted
the Civic Club and the Court participated in the Northside cleanup; and recounted Council and staff attendance at the
Page 2 of 3
October 14, 2019, Council Meeting Minutes
annual Texas Municipal League (TML) Conference last week. During Council Comments, Councilperson Garza
requested be permitted to make a formal request for a record of his dissent, it is above with item 6b.
ADJOURN Without objection, Mayor Rigby adjourned the meeting at 7:56 p.m.
_______________________________
Lee Woodward, City Secretary
Page 3 of 3
October 14, 2019, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: Special Programs
Requested By: Corby Alexander, City Manager
Department: CMO
Account Number: 001-6030-510.99-97
Amount Budgeted: $179,705.97
Report Resolution Ordinance
Amount Requested: $39,145.37
Exhibits: Chapter 380 Agreement
Budgeted Item: Yes No
Confirmed investment schedule
Certificate of occupancy
SUMMARY
On March 27, 2017, the City Council entered into a Chapter 380 Agreement with Oakland Land &
Development, Inc. for the development of Sector 23. Sector 23 is a development in the area north of
th
Kroger, east of 16, and south of D Street. The City agreed to reimburse up to $362,457.94 the developer
paid to abandon City right-of-way in exchange for $12,000,000 of capital investment in buildings over
3,000 square feet in size.
On July 10, 2017, the City Council approved the first payment of $66,547.28 towards the
$362,457.94 total.
On April 23, 2018, the City Council approved payment of $96,558.79 for the buildings at 631 S.
14th Street and 1306 W. F Street.
On January 14, 2019, the City Council approved payment of $19,645.90 for the building at 605
S. 16th St.
Staff has been able to confirm $1,295,997.23 of spending for the building at 601 S. 14th Street, which
makes the applicant eligible for $39,145.37, as the confirmed spending is 10.799977% of the total
required and $39,145.37 is that percentage of the total amount to be reimbursed. City staff have verified
that the developer has received a Certificate of Occupancy for this latest parcel on October 1, 2019.
To-date, this brings the total confirmed investment of all buildings up to $7,303,144.31.
RECOMMENDED MOTION
As appropriate to provide direction to staff. Should the desire be to adopt the policy as
presented: I move to approve the payment of $39,145.37 to Oakland Land and Development.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ACW 8%
Date
VendorAmountMethod
9/28/2017
1
Holloways Nursery$ 1,870.00CK#2020
3/12/2018
2 ACW Engineering$ 760.00CK#123903
4/4/2018
3 ACW Engineering$ 3,996.80CK#123933
4/4/2018
4 Unitas Construction$ 49,960.00CK#123947
4/5/2018
5 ACW Engineering$ 3,393.75Wire
5/1/2018
6 Coastal Testing Laboratories$ 448.00CK#123996
5/1/2018
7 ACW Engineering$ 32,181.97CK#123987
5/1/2018
8 Unitas Construction$ 292,005.86CK#124009
5/31/2018
9 Unitas Construction$ 106,484.86CK#124054
6/6/2018
10 ACW Engineering$ 8,518.79CK#124056
6/25/2018
11 Coastal Testing Laboratories$ 445.00CK#124083
6/6/2018
12 R. A. Weaver Electric$ 5,606.90CK#124066
8/13/2018
13 ACW Engineering$ 2,500.00CK#1594
8/27/2018
14 ACW Engineering$ 3,075.00CK#1597
9/20/2018
15 ACW Engineering$ 3,300.75Wire
10/20/2018
16 The Nut Place$ 459.85Credit Card
11/5/2018
17 ACW Engineering$ 16,325.20CK#1640
11/5/2018
18 Unitas Construction$ 105,955.18CK#1644
11/5/2018
19 Dynamic Plumbing$ 16,650.00CK#1641
11/20/2018
20 Schulte Building Systems$ 78,045.00Wire
11/29/2018
21 Bay Star Insulation$ 5,504.52Credit Card
11/29/2018
22 Texas Outhouse$ 121.88CK#124377
11/29/2018
23 ACW Engineering$ 14,667.60CK#124381
12/3/2018
24 Bene Gutierrez$ 12,000.00CK#124382
12/4/2018
25 EZ Waste$ 573.99Credit Card
12/7/2018
26 EZ Waste$ 573.99Credit Card
12/13/2018
27 Camacho's Steel Erectors$ 5,200.00CK#1646
12/5/2018
28 McCoy's Building Supply$ 7,615.05
12/17/2018
29 McCoy's Building Supply$ 7,330.07
12/19/2018
30 Bene Gutierrez$ 12,000.00CK#124410
12/19/2018
31 Spring Overhead Door$ 7,200.00CK#124414
12/19/2018
32 Lohman Glass Company$ 9,640.00CK#124411
12/19/2018
33 Camacho's Steel Erectors$ 10,000.00CK#124409
12/19/2018
34 Joe Torres$ 2,950.00CK#124415
12/19/2018
35 ACW Engineering$ 4,619.41CK#124407
12/20/2019
36 EZ Waste$ 573.99Credit Card
12/21/2018
37 Meridian Brick$ 3,790.23Credit Card
12/26/2018
38 Texas Outhouse$ 121.88CK#124445
1/3/2019
39 Schulte Building Systems$ 6,326.12Wire
1/3/2019
40 Bene Gutierrez$ 12,855.00CK#124450
1/9/2019
41 Dynamic Plumbing$ 20,274.69CK#124464
1/9/2019
42 ACW Engineering$ 3,226.38CK#124460
1/10/2019
43 EZ Waste$ 573.99Credit Card
1/15/2019
44 Joe Torres$ 2,950.00CK#2085
1/15/2019
45 Jose Lopez$ 9,125.00CK#2086
1/15/2019
46 Bene Gutierrez$ 4,500.00CK#2088
1/17/2019
47 FBM$ 11,240.99Credit Card
1/23/2019
48 McCoy's Building Supply$ 9,208.33
1/25/2019
49 Texas Outhouse$ 121.88CK#124489
1/25/2019
50 ACW Engineering$ 7,484.07CK#5016
1/24/2019
51 Barrett's Heating and A/C$ 20,185.00CK#5017
1/24/2019
52 Camacho's Steel Erectors$ 2,000.00CK#5018
1/24/2019
53 Bene Gutierrez$ 2,440.00CK#5020
1/24/209
54 Lohman Glass Company$ 9,640.00CK#5021
1/24/2019
55 Jose Lopez$ 9,125.00CK#5022
1/24/2019
56 Jose Lopez$ 9,125.00CK#5024
1/24/2019
57 R. A. Weaver Electric$ 14,639.00CK#5025
2/6/2019
58 Schulte Building Systems$ 3,237.58Wire
2/6/2019
59 Home Depot$ 5,888.71Credit Card
2/7/2019
60 Jose Luis Martinez$ 4,000.00CK#124497
2/8/2019
61 McCoy's Building Supply$ 144.96
2/14/2019
62 Jose Lopez$ 9,125.00CK#5028
2/14/2019
63 ACW Engineering$ 3,834.71CK#5026
2/14/2019
64 Bene Gutierrez$ 650.00CK#5027
2/14/2019
65 Jose Luis Martinez$ 4,000.00CK#5029
2/14/2019
66 Houston Grass South$ 1,282.76Credit Card
2/18/2019
67 Home Depot$ 2,814.99Credit Card
2/21/2019
68 Joe Torres$ 2,600.00CK#5031
3/1/2019
69
United Rentals$ 1,641.50CK#5042
3/1/2019
70 R. A. Weaver Electric$ 26,946.00CK#5041
3/1/2019
71 Jose Luis Martinez$ 3,900.00CK#5039
3/1/2019
72 Bene Gutierrez$ 5,950.00CK#5036
3/1/2019
73
ACW Engineering$ 8,216.40CK#5032
3/4/2019
74 Jose Hernandez$ 2,500.00CK#5046
3/6/2019
75
Jose Hernandez$ 2,500.00CK#5048
3/6/2019
76 Daniel Gonzalez$ 3,392.00CK#5047
3/12/2019
77
EZ Waste$ 573.99Credit Card
3/14/2019
78 Bene Gutierrez$ 1,750.00CK#124571
3/14/2019
79
Jose Luis Martinez$ 4,500.00CK#124572
3/14/2019
80 Stroud Interiors/API$ 15,007.00CK#124573
3/14/2019
81
ACW Engineering$ 3,471.81CK#124569
3/14/2019
82 Sherwin Williams$ 5,517.64CK#124563
3/18/2019
83
McCoy's Building Supply$ 13,081.67Online
3/19/2019
84 Joseph's Nursery$ 1,136.55Credit Card
3/20/2019
85 Jacob's Fan Company$ 1,135.54Credit Card
3/23/2019
86 Fischers Hardware$ 12.97Credit Card
3/23/2019
87 Houston Grass South$ 1,407.25Credit Card
3/25/2019
88 Barrett's Heating and A/C$ 20,185.00CK#1654
3/25/2019
89 Donath's Garden Works$ 100.00Credit Card
4/2/2019
90 Dynamic Plumbing$ 15,618.78CK#1656
4/4/2019
91 McCoy's Building Supply$ 620.07Online
4/10/2019
92 City of LaPorte$ 153.75CK#1000
4/10/2019
93 United Rentals$ 1,295.10CK#1685
4/10/2019
94 Sherwin Williams$ 575.42CK#1683
4/10/2019
95 Lohman Glass Company$ 514.19CK#1677
4/10/2019
96 Jose Luis Martinez$ 625.00CK#1678
4/10/2019
97 ACW Engineering$ 2,434.94CK#1664
4/10/2019
98 Carpet Plus$ 25,131.00CK#1668
4/10/2019
99 Bene Gutierrez$ 4,170.10CK#1673
4/10/2019
100 Houston Grass South$ 552.08Credit Card
4/10/2019
101 Coupland Crafts & Signs$ 435.17CK#1687
4/12/2019
102 Houston Grass South$ 259.80Credit Card
4/17/2019
103 Fischers Hardware$ 7.57Credit Card
4/20/2019
104 Sherwin Williams$ 415.76Credit Card
4/20/2019
105 Juan Pena$ 14,659.00CK#1699
4/24/2019
106 Lohman Glass Company$ 1,616.00CK#1697
4/24/2019
107 Bene Gutierrez$ 845.00CK#1694
4/24/2019
108 Dynamic Plumbing$ 816.21CK#1693
4/24/2019
109 Coastal Testing Laboratories$ 507.00CK#124602
4/24/2019
110 United Rentals$ 1,264.68CK#1703
4/24/2019
111 Unitas Construction$ 11,700.00CK#1702
4/24/2019
112 Texas Outhouse$ 121.88CK#1701
4/24/2019
113 Sherwin Williams$ 117.40CK#1700
5/1/2019
114 Jose Luis Martinez$450CK#124616
5/8/2019
115 Barber's Nursery Inc$ 89.19Credit Card
5/9/2019
116 Home Depot$ 280.91Credit Card
5/10/2019
117 Camacho's Steel Erectors$ 11,000.00CK#124624
6/18/2019
118 R. A. Weaver Electric$ 36,185.01CK#1713
6/19/2019
119 ACW Engineering$ 6,276.22CK#124719
8/6/2019
120 Texas Evergreen$ 5,250.00CK#1748
$ 1,295,997.23
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: 015
Requested By: Lorenzo Wingate, P.E.
Department: Public Works
Account Number: 015-8080-552-4653
Amount Budgeted: $480,700
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Resolution 2019-18
Budgeted Item: Yes No
Project map
Project exhibit
TxDOT Installation/Maintenance Agreement
SUMMARY
The Pedestrian Sidewalk Lighting on South Broadway capital project was budgeted in the Fiscal Year
2018-2019 budget. The project consists of the installation of a decorative lighting system along South
Broadway (old SH 146) from Dwire Drive to Fairmont Parkway. Since the South Broadway right-of-way
(ROW) is maintained by the Texas Department of Transportation (TxDOT), it is necessary to enter into
an agreement with TxDOT allowing for the installation of decorative lighting system within the South
Broadway right-of-way.
The proposed agreement places ownership and maintenance responsibilities upon the City of La Porte,
and allows for the construction, maintenance, and operation of the pedestrian lighting system along
South Broadway. The agreement must be accompanied either by a resolution or an ordinance passed
by the City.
RECOMMENDED MOTION
I move to adopt Resolution 2019-18 authorizing the City of La Porte to enter into
an agreement with the Texas Department of Transportation (TxDOT) allowing for
the installation of a decorative lighting system along the sidewalk within the
Broadway (Old SH 146) right-of-way (ROW).
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2019-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING
THE CITY OF LA PORTE, TEXAS TO ENTER INTO AN AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION (TXDOT) ALLOWING FOR THE INSTALLATION OF A
DECORATIVE LIGHTING SYSTEM ALONG THE SIDEWALK WITHIN THE BROADWAY (OLD
SH 146) RIGHT-OF-WAY (ROW)
WHEREAS, the City of La Porte, Texas will construct, maintain, and operate a decorative lighting system
along the street called Broadway (Old SH 146) which is within the limits of the City and which is in accordance
with 43 Texas Administrative Code, Section 25.11. The improvement is to consist of decorative lighting to be
built along the sidewalk of Broadway Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF LA PORTE,
TEXAS, THAT:
The Mayor and City Manager be authorized to execute an agreement with the Texas Department of
Transportation for the installation of a decorative lighting system along the sidewalk of Broadway Street.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of La Porte on this _________ day
of _________________, 2019.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: N/A
Requested By: Lisa Camp, EMS Chief
Department: EMS
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: POHA /Bayport contract
Budgeted Item: Yes No
SUMMARY
Currently, the Port of Houston Authority Bayport Terminal contracts for emergency medical
services with Clear Lake Emergency Medical Corp. (CLEMC). However, CLEMC is closing on
November 15, 2019, and will no longer be providing services. The Port of Houston Authority
(PoHA) reached out to the City of La Porte to request emergency medical services to the
Bayport Terminal beginning November 1.
At this time, PoHA contracts with the City of La Porte
Facility for the period of February 1, 2018, until the expiration on January 31, 2021. This service
contract has worked well for the provision of emergency services in the past and PoHA would
like to add this service to their Bayport Terminal. The Bayport Terminal will not have emergency
medical services effective November 1, 2019, and requests to contract for these services with
the City of La Porte EMS for a period of fifteen (15) months to coincide with the current contract
for Barbours Cut.
La Porte EMS has provided the following responses to the Port of Houston
Terminal:
FY2016-17 13 responses out of 3,888 total calls
FY2017-18 15 responses out of 4,046 total calls
FY2018-19 16 responses out of 4,080 total calls
The attached 2019-2021 contract is calculated at the same rate as existing contract
, at the rate of $30.52 per employee per year.
The total agreement amount invoiced will be based on an Average Daily Population (ADP) of
645 employees at the Bayport Terminal.
The Port of Houston Authority Bayport Terminal agrees to pay fifteen (15) monthly payments
of $1,640.45. The total amount of the contract for fifteen (15) months is $24,606.75. Contract
fees are in addition to any and all patient billing and revenues for actual calls for service.
Attached is a copy of the contract with PoHAfor emergency medical servicesat the Bayport
Terminal. This contract starts on November 1, 2019, and will expire on January 31, 2021.
RECOMMENDED MOTION
I move to authorize the City Manager to execute a 2019-2021 contract with the
Port of Houston Authority to provide emergency medical services to the Bayport
Terminal.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: IT
Requested By: Grady Parker, IT Manager
Department: IT
Account Number: 001-6066-519.50-07
Amount Budgeted: $70,000
Report Resolution Ordinance
Amount Requested: $66,504.94
Exhibits: Smartnet renewal quote
Budgeted Item: Yes No
SUMMARY
The IT department maintains a support contract for all of isco networking devices.
Currently, the City utilizes Cisco network switches and routers. The support agreement ensures
that the City of La Porte has a guaranteed level of support in the event of failures on hardware
(4-hour replacement) or software (immediate phone support). The City has had a service
agreement with Cisco for at least eight (8) years and the agreement has been through Datvox.
Each year, IT budgets and renews their current hardware and software maintenance
agreement partner, Datavox. City staff has not had any issues with
support from Datavox during the tenure of their service agreements and recommends approval
of the support agreement using Datavox as the preferred Cisco partner.
RECOMMENDED MOTION
I move to approve the support agreement using DataVox as the preferred Cisco
partner.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Ext. Price
of 6
7,
1
30
Oct
DVXQ1391
Michael
Unit Price
#
7026
Contact:
-
Manager:
Quote 8 Date 2019 Expiration Days
Qty
881
-
michaelr@datavox.net
DataVox
Account Email
Svc
Phone 7138817057Email Prepared by: Sales Support Phone 713
Contract#
000
-
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
1479
-
025
-
ataVox equipment return policy.
subject to the D
Description
Porte
Information:
La
Grady
to
Ship
City of attn:
TX
604 West Fairway Parkway La Porte, TX 77571USA
Houston,
DataVox Texas DIR Vendor Number: 176
Pkwy S,
www.datavox.net
5020 x5034
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parkerg@laportetx.gov
#
Houston
rt@datavox.net
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for:
-
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Email
Parker
W. Sam
(713)881
SMARTnet 1 YR Renewal Co Term to 11/15/2020
Prepared
6650 77072 t.City of Robisto604 West Fairway Parkway La Porte, TX 77571USAGradyParker Phone 281 Customer SalesSuppo Project #
Part #
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$2,036.60$1,074.60
of 6
2
$1,018.30
25422542254225422542
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TSOTSOTSOTSOTSO
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DIRDIRDIRDIRDIR
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
ataVox equipment return policy.
subject to the D
Service Use Only
-
Services Mapping SKU, Under 1k UWL STD users^Cisco Identity Services Engine Single VM SKU (Electronic)Services Mapping SKU, Under 1K UWL STD usersUnified Workspace Licensing v. 11.xCUWL
Standard 11.x Users
UWLST1ISEVMUWLST1CUW 1LXK9
----
ECMUECMUECMUECMU
----
No WAP's (Option 1)Software Support + Upgrade Entitlements
CONCONCONCON
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$223.77$335.24$682.30$682.30$682.30$786.75$786.75$786.75$235.05$235.05$235.05
Ext. Price
$1,142.77
of 6
3
$223.77$335.24$682.30$682.30$682.30$786.75$786.75$786.75$235.05$235.05$235.05
Unit Price
$1,142.77
Qty
Svc
25422542254225422542254225422542254225422542254225422542254225422542254225422542254225422542
-----------------------
TSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSO
-----------------------
Contract#
DIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIR
BaseBaseBase
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
Uplink IP Uplink IP Uplink IP
ataVox equipment return policy.
4x1G4x1G4x1G
PoE PoE PoE
subject to the D
Full Full Full
Description
Port Port Port
48 48 48
X w/ SW,6GE Data,1GE
-
port PoE+, Network Essentialsport PoE+, Network Essentialsport PoE+, Network Essentialsport PoE+, Network Essentialsport data only, Network Essentialsport PoE+, Network Essentialsport
PoE+, Network Essentialsport PoE+, Network Essentialsport PoE+, Network Essentialsport PoE+, Network Essentialsport PoE+, Network Essentials
-----------
Catalyst 3650 Catalyst 3650 Catalyst 3650
Catalyst 9300 24Catalyst 9300 24Catalyst 9300 24Catalyst 9300 24Catalyst 9300 24Catalyst 9300 48Catalyst 9300 48Catalyst 9300 48Catalyst 9300 48Catalyst 9300 48Catalyst 9300 48Cisco
ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)Cisco Catalyst 3650 24 Port PoE 4x1G Uplink IP BaseCisco Cisco Cisco Cisco Catalyst 3850 48 Port Full PoE LAN BaseCisco Catalyst 3850 48 Port
Full PoE LAN BaseCisco Catalyst 3850 48 Port Full PoE LAN Base^^NGFW ASA 5515Mgmt,AC,3DES/AES,SSD 120GCisco ONE ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)Cisco ONE ISR 4321 (2GE,2NIM,4G
FLASH,4G DRAM,IPB)Cisco ONE ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)
A15SDK9C14321K9C14321K9C14321K9
----
C93002PEC93002PEC93002PEC93002PEC93002TEC93004PEC93004PEC93004PEC93004PEC93004PEC93004PE
ISR4321KWSC3652SWSC654WSC654WSC654WSC388FLWSC388FLWSC388FL
-------------------
SNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTSNTPSNTPSNTPSNTP
-----------------------
24x7x4 Hardware Support
8x5xNBD Hardware Support
CONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCON
Part #
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$105.32$397.68$585.15
of 6
4
$105.32$397.68$585.15
254225422542
---
TSOTSOTSO
---
DIRDIRDIR
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
ataVox equipment return policy.
subject to the D
Cisco1921/K9 with 2GE, SEC License PAK, 512MB DRAM, 256MB FlCisco ISR 4321 (2GE,2NIM,4G FLASH,4G DRAM,IPB)Cisco ISR 4331 (3GE,2NIM,1SM,4G FLASH,4G DRAM,IPB)
1921SECISR4321KISR4331K
---
SNTPSNTPSNTP
---
CONCONCON
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$494.12$494.12$494.12$494.12$494.12$971.16$971.16$269.60
Ext. Price
$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$4,442.95
of 6
5
$494.12$494.12$494.12$494.12$494.12$971.16$971.16$269.60
Unit Price
$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$1,091.32$4,442.95
Qty
Svc
2542254225422542254225422542254225422542254225422542254225422542254225422542254225422542
----------------------
TSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSOTSO
----------------------
Contract#
DIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIRDIR
BaseBaseBaseBaseBaseBaseBaseBaseBaseBaseBaseBaseBase
E and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
-
Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP Uplink IP
ataVox equipment return policy.
4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G4x1G
RJ45V+E, Sup7
-
PoE PoE PoE PoE PoE PoE PoE PoE PoE PoE PoE PoE PoE
subject to the D
Full Full Full Full Full Full Full Full Full Full Full Full Full
X4748
-
Description
Port Port Port Port Port Port Port Port Port Port Port Port Port
48 48 48 48 48 48 48 48 48 48 48 48 48
Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650 Catalyst 3650
^(Not sold standalone)B200M4 ^(Not sold standalone)B200M4 ^(Not sold standalone)B200M4 ^(Not sold standalone)B200M4 Std1 w/2xE52630v3,8x16GB,VIC1340^(Not sold standalone)B200M4 Std1
w/2xE52630v3,8x16GB,VIC1340(Not sold Standalone)UCS SP Select 6248 FI w/ 12p LIC(Not sold Standalone)UCS SP Select 6248 FI w/ 12p LIC^UCS SP Select 5108 AC2 Chassis w/2208 IO, 4x SFP
cable 3mCisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco Cisco ^4510R+E Chassis, Two WS
SMB200A1SMB200A1SMB200A1SMB200S1SMB200S1SMBFI48PSMBFI48PSMB51AC2WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC654WSC6544510RES7
----------------------
SNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTPSNTP
----------------------
24x7x4 Hardware Support & Software Support + Upgrade Entitlements
CONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCON
Part #
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$408.00
$1,449.15$1,237.60
of 6
6
$408.00
$1,449.15$1,237.60
254225422542
---
TSOTSOTSO
---
DIRDIRDIR
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
ataVox equipment return policy.
subject to the D
Cisco ONE ISR 4431 (4GE,3NIM,8G FLASH,4G DRAM,IPB)Cisco ONE Advanced UC Perpetual License ISR 4400Cisco ONE Foundation Perpetual License ISR 4400
C1A4400SC1F1PISR
C14431K9
--
-
SNTPECMUECMU
---
CONCONCON
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$585.15$344.25$231.20$831.04$335.33$335.33$335.33$335.33$335.33$201.48$460.54$460.54$201.48$495.07$495.07
Ext. Price
of 6
7
$585.15$344.25$231.20$831.04$335.33$335.33$335.33$335.33$335.33$201.48$460.54$460.54$201.48$495.07$495.07
Unit Price
Qty
Svc
2542
-
TSO
-
Contract#
DIR
Entitlements
Upgrade
+
BD
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
-
SR
-
DRAM,IPB)
40GRenew Only
-
Renew OnlyRenew Only
-
ataVox equipment return policy.
--
Software Support
FLASH,4G
&
subject to the D
E with 8 QSFP
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only
E bundle PIDE bundle PID
Description
--
Prem 50M Term 2R Prem 50M Term 2R Prem 500M Term 2R
---
support
(3GE,2NIM,1SM,4G
TAC
4331
ISR
focused TAC support only
-
focused
-
Cisco ISR 4331 (3GE,2NIM,1SM,4G FLASH,4G DRAM,IPB)Cisco ONE Foundation Perpetual License ISR 4331Cisco ONE Advanced UC Perpetual License ISR 4331Cisco ONE ISR 4431 (4GE,3NIM,8G FLASH,4G
DRAM,IPB)Cisco ISR 4331 (3GE,2NIM,1SM,4G FLASH,4G DRAM,IPB)Cisco ISR 4331 (3GE,2NIM,1SM,4G FLASH,4G DRAM,IPB)Cisco ISR 4331 (3GE,2NIM,1SM,4G FLASH,4G DRAM,IPB)Cisco ISR 4331 (3GE,2NIM,1SM,4G
FLASH,4G DRAM,IPB)^Cisco ONE 2 Nexus 9372PXNexus 9300 Network Services (ITD, IP Media Fabric)LAN Enterprise License for Nexus 9300 PlatformLAN Enterprise License for Nexus 9300 PlatformNexus
9300 Network Services (ITD, IP Media Fabric)^Cisco ONE Nexus 9372PX^Cisco ONE Nexus 9372PXDNAC1 Renewal ATODNAC1 Essentials OnDNAC1 Renewal ATODNAC1 Essentials OnDNAC1 Renewal ATODNAC1
Essentials On
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--
RENEWRENEWRENEW
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---
C1F4330SC1A4330SN93SVCSN93LANN93LANN93SVCS
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---
ISR4331K
------
-
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OPOPOP
---------
---
WANWANWAN
---
SNTPECMUECMUSWSWSWSWSWSWSWECMUECMUECMUECMUSWSW
----------------
Software and installationSoftware DNA Renewals
CONCONCONCONCONCONCONCONCONCONCONCONCONCONCONCONDNAC1DNAC1EDNAC1DNAC1EDNAC1DNAC1E
Part #
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
of 6
8
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
Renew Only
-
ataVox equipment return policy.
subject to the D
Prem 500M Term 2R
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DNAC1 Renewal ATODNAC1 Essentials OnCisco ISE Plus License
2R
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RENEW
500M
-
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LIC=
-
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WAN
-
PLS
-
ISE
-
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DNAC1DNAC1EL
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
$0.00
Ext. Price
$66,504.94
$66,504.94
of 6
9
$4.90
Unit Price
Qty
1,000
SubTotalTaxTotal
Svc
4167
-
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Contract#
DIR
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
ataVox equipment return policy.
Sessions
2499
subject to the D
1000
Description
1Y,
License,
Plus
ISE
Cisco $4,900.00
S4
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Part #
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
of
10
.
to do the work,
cumet at the web
ust be in writing,
at this Proposal and all of
(Date)
ns, and conditions in this proposal are
and/or solutions in whole or part is strictly prohibited without prior written consent of DataVox. All returns are
above. The price quoted in this Proposal is based upon the equipment
. THERE ARE NO OTHER AGREEMENTS, OR WARRANTIES, ORAL OR
(Signature)
ataVox equipment return policy.
subject to the D
right to modify payment terms at any time based on a review of the Customer's credit.
Name)
(Printed
ww.datavox.net/DataVox_Standard_Terms_and_Conditions.pdf
EN, EXCEPT AS EXPRESSLY STATED IN THIS DOCUMENT. THIS AGREEMENT CANNOT BE MODIFIED EXCEPT IN WRITING SIGNED BY
A 15% restocking fee will be applied to all returned equipment. Custom built designs and configurations may not be returnable
When (but only when) signed by buyer this shall be a binding, legal contract. The prices, specificatiosatisfactory, and are hereby accepted in their entirety. Buyer hereby agrees to
purchase the equipment and authorizes DataVoxand provide the materials specified, and payment will be made as outlined included in the Proposal. Any changes in the equipment or installation
may result in a change in the price. Any such change msigned by all parties. DataVox reserves theTHIS AGREEMENT, WHEN SIGNED BY BUYER (BELOW), SHALL BE GOVERNED BY THE TERMS AND CONDITIONS
found athttp://wWRITTBOTH PARTIES. Buyeracknowledges having read and understood all of the terms and conditions printed above as well as those found in the online dolink above and acknowledges
receipt of a complete executed copy of this Agreement. Buyer understands and agrees ththe terms and conditions hereof shall be a binding, enforceable contract when signed by Buyer.
Acceptance of Proposal
Purchase Notes
This document is confidential and the property of DataVox. Any copy or reuse of this document, its contents, recommendations
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: Various 009 /
Requested By: Ray Mayo, PW Director
Department: Public Works
Account Number: n/a
Amount Budgeted: $535,457
Report Resolution Ordinance
Amount Requested: $534,654.49
Exhibits: H-GAC and BuyBoard quotes
Budgeted Item: Yes No
BuyBoard quotes for up-fitting equipment
SUMMARY
Competitive quotes were received through the Texas BuyBoard and H-GAC Cooperative Purchasing Programs
for vehicles, golf course equipment, and up-fitting equipment for police vehicles eligible for replacement in the
FY1920 Vehicle Replacement Program.
There are two pickup trucks and one 3-yard dump truck being replaced with same-style equipment. There is
one equipment upgrade for golf course equipment that is replacing two current units. Two rear-loader refuse
trucks are replacing same-type vehicles. Police vehicle up-
VENDOR BUDGET ITEM BUDGETED BID USER
Chastang Ford F150 4dr,Gas,Pickup Truck $27,781.00 $28,185.00 PD / CID
Chastang Ford F350,Gas,Dump Truck $43,564.00 $40,896.00 PARK MAINT
Chastang Ford F250,4dr,Gas, Pickup Truck $31,993.00 $29,987.00 WATER DIST
Pro Core 648 Greens
Professional Turf Products $31,286.00 $30,642.28 GOLF
Aerator*
2 EA. Hino/NewWay SOLID
Rush Truck Center $346,926.00 $346,248.00
Rearloader WASTE
Dana Safety Supply
Up-fitting Equipment PD / PATROL
division of Fleet Safety $53,907.00 $58,696.21
(4 Patrol / 3 Admin) PD / ADMIN
Equipment
Total $535,457.00 $534,654.49
* Two smaller aerators being replaced with one larger unit.
Miscellaneous:
a) 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.
b)The budgeted amount listed in the table for the replacement vehicles represents the total
funds deposited by each department through FY 2019 in the form of lease fees paid by the
department over the lease term designated for each vehicle.
c) The amounts listed in the table for vehicles/equipment are the funding amounts approved
by Council for the FY 2019-20 budget for equipment replacement. Each division will pay
lease fees over the life of the units to establish a funded amount for future replacements.
d)The balance remaining (funded amount minus replacement costs) either remains in the
divisional motor pool account to pre-fund a portion of the replacement vehicle or is
sometimes utilized by the division for up-fitting equipment. (e.g. light bar, trailer hitch,
patrol unit up-fitting).
e) 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
Cooperative Purchasing Programs, HGAC and Buyboard.
RECOMMENDED MOTION
I move that the Council approve the purchases of:
1. Two pick-ups and one cab with dump body from Chastang Ford for $99,068.00;
2. One Turf Aerator from Professional Turf Products for $30,642.28;
3. Two Hino trucks with NewWay refuse beds from Rush Truck Center for 346,248.00; and
4. Up-fitting equipment for seven police vehicles from Dana Safety Supply, Inc. for
58,696.21.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: 015
Requested By:
Lorenzo Wingate, City Engineer
Department:
Public Works
Account Number: 015-7070-530-1100
$750,000 (budgeted)
Report Resolution Ordinance
Amount Budgeted: $721,260 (remaining)
Amount Requested: 015 $79,000
Exhibits: Huitt-Zollars proposal
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The FY 2016-17 budget included an allocation from the La Porte Development Corporation of
$400,000 for the design and construction of a covered open-air pavilion, restroom facility,
storage facility, and parking at Five Points. The pavilion and facilities will serve the area during
recurring events such as Movie in the Park, Main Street Trade Days, and other outdoor
programming. The Director of Parks and Recreation has identified the following as potential
programming for the Five Points area:
Shop La Porte vendors at Five Points in conjunction with Main Street Trade Days
during National Shop Small month (November)
Back to School Bash movie, possible school supply handout (work with civic and non-
profit organizations that already do this type of event), vendors, activities, etc.
Table Reservations put picnic tables under the pavilion and do something similar to
what is being done at Seabreeze Park, where residents can reserve tables (for a fee, if
applicable) for events
Programming senior picnic, goat yoga, classes, etc.
If City Council decided to invest in a splash pad at this location, there could be a
decrease in the opportunities for further programming based on splash pad usage.
Any added programming will require Parks and Recreation Department to budget
additional funding for those added programs and staffing.
The attached exhibit shows current events and activities, as well as proposed events
and activities at Five Points Plaza.
Staff presented a proposal for design phase services at the March 26, 2018, City Council
meeting, which the City Council denied and then directed staff to utilize the design-build
procurement method to complete the project. At the May 13, 2019, City Council meeting, staff
presented a proposal to complete the project using the design-build procurement method,
which City Council rejected and directed staff to bring a new proposal for design.
After conferring with staff regarding the project scope, Huitt-Zollars submitted a proposal in the
amount of $28,740 to provide preliminary design phase services, including the provision of a
proposed site plan, building floor plan, exterior 3D views, and a detailed probable construction
cost estimate. Huitt-Zollars was authorized to proceed with preliminary design efforts on June
19, 2019.
The FY 2019-20 budget includes an allocation of $350,000 from the La Porte Development
Corporation to supplement the $400,000 allocated to the Five Points Plaza Project within the
approved FY 2016-17 budget. At the August 26, 2019, meeting, City Council reviewed three
conceptual plans presented by Huitt-Zollars and directed staff to proceed with the next phase(s)
of the project utilizing the budgeted funds.
ACTION REQUIRED BY COUNCIL
I move to authorize the City Manager to execute a professional services
agreement with Huitt-Zollars Inc. to provide final design, bidding, and
construction phase services for the Five Points Plaza Project, in the amount of
$79,000.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
October 1, 2019
Lorenzo Wingate
City Engineer
City of La Porte
rd
2963 N 23Street
La Porte,Texas 77571
Reference:Five Points Plaza
Subject:Proposal for Professional Servicesfor Final Design, Bidding and Construction Administration
Dear Mr. Wingate,
Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide professional services to the City of
La Porte(City) for the final design, bidding and construction administration for an open air pavilion, restroom
facility(mens and womens),parking and storage space for the City’s Five Points Plaza located within the Main
Street DistrictOverlay in La Porte, Texas (Project). Our proposal is based upon thefollowingscopeof
services, compensationrates, schedule, and terms &conditions.
SCOPE OF SERVICES:
1.0Basic Services:
1.1Design Phase
1.1.1Based on the City-Approved Conceptual Reportprepared by Huitt-Zollars, Huitt-
Zollars shall prepare and submit50% Design Documents to the City for review.
The 50% Design Documents shall include:
a.Site Plan depicting accessand egress, building location, parking areas, etc.
b.Paving and Grading plan
c.Drainage plan
d.Utilities Plan
e.Landscape Plan
f.Building Floor Plan(s) and Exterior Elevations
g.Table of contents for Project Manual and Technical Specifications
h.Probable Construction Cost
i.Participate in Design Review conference to address City comments
1.1.290%Design -Based on City-approved 50% Design Documents, Huitt-Zollars shall
prepare and submit to the City for review 90% Design Documents that establish
the scope, relationship, forms, size and appearance of the Project. Huitt-Zollars
shalldrawings and project manual that include:
a.Floor plans, exterior elevations, building sections
b.Interior elevations
c.Structural layouts
d.Mechanical, Electrical and Plumbing layouts
e.Site plan showing locations of utilities, drainage improvements, and paved
areas
f.Technical specifications.
g.Updated statement of probable construction cost.
h.Participate in design review conference to address Citycomments
1.1.3100% Bid Ready Construction Documents-Based on City-approved 90% Design
Documents, Huitt-Zollars shall:
a.Prepare 100%signed and sealed construction contract documents (plans and
specifications) that set forth in detail the requirements for the construction of the
project. The drawings and specifications shall establish in detail the quality
levels of material and construction of the Project.
b.Prepare a Stormwater Pollution Prevention Plan in accordance with applicable
regulations.
c.Inform City of any adjustments to previous opinion of probable construction
cost.
d.Submit approved construction documents to Texas Departmentof Licensing and
Regulation (TDLR) for ADA Accessibility Review. Huitt-Zollars will review
comments received from ADA review and modify drawings as necessary.
e.Assist with filing documents required for the approval of governmental
authorities having jurisdiction over the project. Any fees associated with
governmental reviews shall be reimbursable expenses.
f.Furnish to Cityone (1) reproducible copy and a compact disk with electronic
copy of approved plans, specifications and project manual signed and sealed by
licensed professionals in the State of Texas.
1.2Bid Phase -After acceptance by the City of the 100% Final Bid Ready Design Documentsand
the most recent opinion of probable Construction Cost, Huitt-Zollars shall:
1.2.1Assist City with distribution of Bid Documents through CivCast.
1.2.2Attend pre-bid meeting.
1.2.3Issue Addenda as appropriate to clarifythe Biddocuments.
1.2.4Attend the proposal opening, assist City with evaluation of bids,prepare the bid
tabulation sheets, and prepare a recommendation of contractaward letter.
1.2.5Assist City inassembling the contracts for construction of the Project.
1.3Construction Phase -Upon successful completion of the Bid Phase, Huitt-Zollars shall:
1.3.1Conduct Pre-Construction Conference.
1.3.2Make periodic observations of the work in progress (as distinguished from providing
a full-time Project Representative) and provide appropriate reports to the City.
1.3.3Respond to Requests for Information (RFIs) from the Construction Contractor.
1.3.4Provide consultation and advice to the City during construction.
1.3.5Make a Substantial Completion Inspection and a Final inspection of the completed
Project with the City.
1.3.6Prepare Record Drawings. Record Drawings shall be based upon the marked-up
“as-built” drawings, addenda, change orders and other data furnished by the
Construction Contractor.
1.4Topographic Surveying Services -Huitt-Zollars will update and supplement a City-provided
topographic survey for use duringdesign of the Project.
1.5Geotechnical Investigation and Engineering -Huitt-Zollars shall conduct a geotechnical
investigation of project site and make recommendations related to foundations and pavement.
The geotechnical investigation, including subsurface exploration, laboratory testing, and
engineering analyses, will address and provide design recommendations for the building
foundation, floor slab, pavement, subgrade stabilization, excavation stability and dewatering
for construction of sewers and water lines, utility trenching, shoring requirements and general
earthwork including pipe bedding and backfill considerations. Associated services and design
recommendations shall be in accordance with the latest edition of applicable Codes and Testing
Standards.
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2.0Additional Services:
Because the effort required for some items of work varies considerably from project to project, and because some
items of work are sometimes provided separately to the City, these items of work are not included in the basic
services fees and are charged separately. Additional Services, mutually agreed upon and authorized separately by
the Cityin writing, shall be completed on a lump sum or an hourly basis in accordance with the attached Hourly
Rate Sheet. Such additional services may include:
A.Environmental Engineering Services
B.Traffic Engineering Services
C.Boundary Surveys and Platting services
D.Performing due diligence todetermine accuracy of information provided by the City.
E.Making revisions in drawings, specifications or other documents when such revisions are inconsistent
with written approvals or instructions previously given, are required by enactment or revision of codes,
laws or regulations subsequent to the preparation of such documents or are due to other causes not
solely within the control of Huitt-Zollars
F.Fees associated with Agency Reviews, Plats, Recordation, Tax Certificates, Title Commitments,
Private Utility Information, ADA, Permitting and/or Inspections
G.Any other service not otherwise included in the Basic Services
3.0City Provided Services:
The City shall provide Huitt-Zollars with the following:
A.Access to the ProjectSite
B.Any Available Reports
C.City shall provide the requisite review of all Construction Contractor submittals, such as shop
drawings, product data, samples and other data, which the Contractor is required to submitto ensure
compliance with Construction Contract Documents.
COMPENSATION:
Our lump sum feesfor the Basic Servicesareas follows:
Design Phase$50,000.00 (lump sum)
Bid Phase$ 5,000.00 (lump sum)
Construction Administration$11,000.00 (lump sum)
Survey$5,000.00 (lump sum)
Geotechnical Investigation$3,000.00 (lump sum)
Totalfor Basic Services$74,000.00 (lump sum)
Reimbursable Expenses (Reproductions, mileage, etc.) is estimated at $5,000.00.
Total estimate budget is $79,000.00.
SCHEDULE:
We anticipate completion of the Design Phase Services within ninety (90) calendar days from receipt of notice
to proceed.
TERMS & CONDITIONS
1.AUTHORIZATION FOR WORK TO PROCEED
Signing of this AGREEMENT for services shall be authorization by the City for Huitt-Zollars, Inc. to proceed
with the work.
2.OPINION OF PROBABLE CONSTRUCTION COSTS
Construction cost estimates provided by Huitt-Zollars are prepared from experience and judgment. Huitt-
Zollars has no control over market conditions or construction procedures and does not warrant that
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proposals, bids, or actual construction costs will not vary from Huitt-Zollars estimates.
3.STANDARD OF CARE
Services performed by Huitt-Zollars under this AGREEMENT will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee
is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise.
4.TAXES
All taxes, including but not limited to gross receipts tax, sales tax, etc., required to be paid will be billed to the
City in addition to fees.
5.BILLING AND PAYMENT
The City, recognizing that timely payment is a material part of the consideration of this AGREEMENT, shall
pay Huitt-Zollars for services performed in accordance with the rates and charges set forth herein. Invoices
will be submitted by Huitt-Zollars on a monthly basis and shall be due and payable within thirty (30) calendar
days of invoice date. If the City objects to all or any portion of an invoice, the City shall so notify Huitt-Zollars
in writing within ten (10) calendar days of receipt of the invoice in question. Huitt-Zollars shall then revise
invoice to reflect only the non-disputed items and resubmit for payment by the City.
The City shall pay an additional charge of one-and-one-half percent (1.5%) (or the maximum percentage
allowed by law, whichever is lower) of the invoiced amount per month for any payment received by Huitt-
Zollars more than forty-five (45) calendar days from date of the invoice, excepting any portion of the invoiced
amount in dispute and resolved in favor of City. Payment thereafter shall first be applied to accrued interest
and then to the principal unpaid amount.
If City, for any reason, fails to pay an invoice or the undisputed portion of a Huitt-Zollars invoice within sixty
(60) calendar days of invoice date, Huitt-Zollars will notify the City by registeredmail that Huitt-Zollars shall
cease work on the project in ten (10) calendar days if the invoice in question is not paid. In this case, the City
shall waive any claim against Huitt-Zollars, and shall defend and indemnify Huitt-Zollars from and against
anyclaims for injury or loss stemming from Huitt-Zollars’ cessation of service.
In the event any invoice or portion thereof is disputed by City, City shall notify Huitt-Zollars within ten (10)
calendar days of receipt of the bill in question, and City and Huitt-Zollars shall work together to resolve the
matter within forty-five (45) days of its being called to Huitt-Zollars’ attention. If resolution of the matter is
not attained within forty-five (45) calendar days, either party may terminate this AGREEMENTby providing
a termination notice in accordance with Section 7 of this AGREEMENT.
6.CONSEQUENTIAL DAMAGES
The City shall not be liable to Huitt-Zollars and Huitt-Zollars shall not be liable to the City for any
consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or
whether it was committed by the City or Huitt-Zollars, their employees, agents or subcontractors.
Consequential damages include, but are not limited to loss of use and loss of profit.
7.TERMINATION
In the event termination becomes necessary, the party (City or Huitt-Zollars) effecting termination shall so
notify the other party, and termination will become effective fourteen (14) calendar days after receipt of the
termination notice. Irrespective of which party shall effect termination or the cause of termination, the City
shall within thirty (30) calendar days of termination remunerate Huitt-Zollars for services rendered and costs
incurred up to the effective time of termination, in accordance with Huitt-Zollars’ prevailing Fee Schedule
and Expense Reimbursement Policy.
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8.ADDITIONAL SERVICES
Any services beyond those specified herein will be provided for separately under a mutually agreed upon
Scope of Services, Budget and Schedule and an additional written authorization from the City.
9.GOVERNING LAW
The laws of the State of Texas will govern the validity of this AGREEMENT, its interpretation and
performance. Any litigation arising in any way from this AGREEMENT shall be brought to the courts of that
State.
10.HAZARDOUS MATERIALS--SUSPENSION OF SERVICES
As used in this Agreement, the term hazardous materialsshall mean any substances, including without
limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or
radioactive materials (as each of these is defined in applicable federal statues) or any other substances under
any conditions and in such quantities as would pose a substantial danger to persons or property exposed to
such substances at or near the Project site.
Both parties acknowledge that Huitt-Zollars’ scope of services does not include any services related to the
presence of any hazardous or toxic materials. In the event Huitt-Zollars or any other party encounters any
hazardous or toxic materials, or should it become known to Huitt-Zollars that such materials may be present
on or about the jobsite or any adjacent areas that may affect the performance of Huitt-Zollars’ services, Huitt-
Zollars may, at its sole option and without liability for consequential or any other damages, suspend
performance of its services under this AGREEMENT until the City retains appropriate consultants or
contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in
full compliance with all applicable laws and regulations.
11.CONSTRUCTION OBSERVATION
If Construction Phase Services are part of this AGREEMENT, Huitt-Zollars shall visit the site at intervals
agreed to in writing by the City and Huitt-Zollars, in order to observe the progress and quality of the Work
completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or a
detailed inspection of the Contractor’s work but rather are to allow Huitt-Zollars to become generally familiar
with the Work in progress and to determine, in general, if the Work is proceeding inaccordance with the
Contract Documents.
Based on this general observation, Huitt-Zollars shall keep the City informed about the progress of the Work
and shall advise the City about observed deficiencies in the Work.
If the City desires more extensive project observation or fulltime project representation, the City shall request
that such services be provided by Huitt-Zollars as Additional Services in accordance with the terms of this
AGREEMENT. Huitt-Zollars shall not supervise, direct or have control over the Contractor’s work nor have
any responsibility for the construction means, methods, techniques, sequences or procedures selected by the
Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights
and responsibilities are solely those of the Contractor in accordance with the Contract Documents.
Huitt-Zollars shall not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity
performing any portions of the Work, or any agents or employees of any of them. Huitt-Zollars does not
guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform
its Work in accordance with the Contract Documents or any applicable laws, codes, rulesor regulations.
12.JOBSITE SAFETY
Neither the professional activities of Huitt-Zollars, nor the presence of Huitt-Zollars or its employees and
subconsultants at a construction/project site, shall impose any duty on Huitt-Zollars, nor relieve the Contractor
of its obligations, duties and responsibilities including, but not limited to, construction means, methods,
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sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in
accordance with the Contract Documents and any health or safety precautions required by any regulatory
agencies. Huitt-Zollars and its personnel have no authority to exercise any control over any construction
contractor or its employees in connection with their work or any health or safety programs or procedures. The
City agrees that the Contractor shall be solely responsible for jobsite and worker safety and warrants that this
intent shall be carried out in the City’s contract with the Contractor.
The City also agrees that the Contractor shall defend and indemnify the City, Huitt-Zollars and Huitt-Zollars’
subconsultants. The City also agrees that the City, Huitt-Zollars and Huitt-Zollars’ subconsultants shall be
made additional insureds under the Contractor’s policies of general liability insurance. The City shall furnish
to Huitt-Zollars certificates of insurance from the Contractor evidencing the required coverage specified
above. The certificates shall include a provision that Huitt-Zollars shall receive thirty (30) days minimum
written notification in the event of cancellation, non-renewal or material change of coverage.
13.RIGHT TO RELY ON CITY-PROVIDED INFORMATION
Information provided to Huitt-Zollars by the City is accurate to the best knowledge of the City. Huitt-
Zollars may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports,
data, and other information furnished by City or any of its other consultants (collectively the City) to Huitt-
Zollars pursuant to this Agreement. Huitt-Zollars may request additionalservices by authorizedby the City
if due diligence services are required of Huitt-Zollars to determine the accuracy of information provided by
the City.
14.OWNERSHIP OF INSTRUMENTS OF SERVICE
All reports, drawings, specifications, computer files, field data, notes and other documents and instruments
prepared by Huitt-Zollars as instruments of service shall remain the property of Huitt-Zollars. Huitt-Zollars
shall retain all common law, statutory and other reserved rights, including the copyright thereto.The City
shall be provided copies ofthe instruments of serviceand allowed to utilize instruments of service outside of
this Agreement upon written mutual agreement with Huitt-Zollars.
15.SEVERABILITY
Any term or provision of this AGREEMENT found to be invalid under any applicable statute or rule of law
shall be deemed omitted and the remainder of this AGREEMENT shall remain in full force and effect.
16.ASSIGNMENT
Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this
Agreement, including but not limited to monies that are due or monies that may be due, without the prior
written consent of the other party. Subcontracting to subconsultants, normally contemplated by Huitt-Zollars
as a generally accepted business practice, shall not be considered an assignment for purposes of this
Agreement.
17.DISPUTERESOLUTION
17.1Huitt-Zollars will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder, Claims, disputes and other matters relating to the acceptability of
the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance
and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred
initially to Huitt-Zollars in writing with a requestfor a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute, or other matter will be delivered by the claimant to the other party
of the Agreement promptly (but in no event later than thirty \[30\] days) after the start of the occurrence or
event giving rise thereto, and written supporting data will be submitted to Huitt-Zollars and the other party
within forty-five (45) days after start of such occurrence or event unless Huitt-Zollars allows an additional
period of time for the submission of additional or more accurate data in support of such claim, dispute or other
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matter. The opposing partyshall submit any response to Huitt-Zollars and the claimant within thirty (30) days
after receipt of the claimant’s last submittal (unless Huitt-Zollars allows additional time). Huitt-Zollars will
render a formal decision in writing within thirty (30) days after receipt of the opposing party’s submittal, if
any, in accordance with this paragraph. The Huitt-Zollars’ rendering of a formal decision shall be a condition
precedent to further dispute resolution actions.
The General process for dispute resolution shall be:
Huitt-Zollars renders a decision
Senior representatives meet to resolve further dispute
Mediation
17.2CONFERENCE BETWEEN SENIOR REPRESENTATIVES:
Subsequent to the decision by the Huitt-Zollars, the disputing party shall give the other party written notice
of appeal of the dispute including the Huitt-Zollars. Within ten (10) days after receipt of said notice, the
receiving party shall submit to the other a written response. The notice and response shall include (a) a
statement of each party’s position and a summary of the evidence and arguments supporting its position, and
(b) the name and title of the executive officers who will represent that party. The executive officers
shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing party’s
notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to
attempt to resolve the dispute.
17.3MEDIATION
If the controversy or claim has not been resolved within thirty (30) days of the meeting of the Senior
Representatives, the parties agree to settle the dispute by mediation administered by the American Arbitration
Association under its Construction Industry Mediation currently in effect. The request may be made
concurrently with the filing of a demand for litigation, but, in such event, mediation shall proceed in
advance of litigation, which shall be stayed pending mediation for a period of sixty (60) days from the
date of filing, unless stayed for a longer period by agreement of the parties. Request for mediation shall
be filed in writing with the other party to the Contract and with the American Mediation Association.
The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached
in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
For any controversy or claim to mediation under the terms of this contract in which no party’s total
disclosed claim or counter-claim exceeds $75,000, exclusive of interest, the parties shall participate in
mediation under the Fast Track Procedures as set forth in the Construction Industry Mediation Rules of
the American Arbitration Association.
Where no party’s claim exceeds $10,000, exclusive of interest, and in other cases where the parties agree,
the dispute shall be resolved by submission of documents, as provided for in Rule F-9 of the Fast Track
Procedures of the Construction Industry Mediations Rules of the American Arbitration Association.
17.4LIMITATION ON CONSOLIDATION OR JOINDER:
No mediation shall include, by consolidation or joinder or any other manner, parties other than the City,
Contractor and other persons substantially involved in a common question of fact or law whose presence
is required if complete relief is to be accorded in mediation. No person or entity other than the City or
Contractor shall be included as an original third party or additional third party to a mediation whose interest
or responsibility is insubstantial. Consent to mediation involving an additional person or entity shall not
constitute consent to mediation of a Claim not described therein or with a person or entity not described
therein. The foregoing agreement to mediate and other agreements to mediate with an additional person or
entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law
in any court having jurisdiction thereof.
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17.5CLAIMS AND TIMELY ASSERTION OF CLAIMS:
The party filing a notice to demand for mediation must assert in the demand all Claims then known to
that party on which mediation is permitted to be demanded.
17.6NON-JURY TRIAL:
Any claims disputes or controversies between the parties arising out of or relating to the Agreement, or the
breach thereof, which have not been resolved in accordance with the procedures set forth above shall be
resolved through litigation. The parties stipulate that venue for any such proceedings shall be in the district
courts Harris County, Texas. In the event the parties are forced to litigate their disputes, owner and contractor
agree to each waive their right to a trial by jury and further agree thatthe judge shall be the sole finder of
fact and rule on the law of the case, without a jury.
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please sign below and return a copy of this
Agreement to us.We will schedule the above services as soon as we receive your written authorization. If
you have any questions, please call.
Sincerely,
Accepted and Approved for
HUITT-ZOLLARS, INC.City of La Porte, Texas
(Signature)
Christopher Casey, AIA, LEED AP
Vice President
(Name)
(Title)
Gregory R. Wine, P.E., LEED AP
(Date)
Senior VicePresident
Attachments: Hourly Rate Sheet
Level of Effort Breakdown
Page 8of 8
Houston
2019
HOURLY RATE SHEET
Engineering/ArchitectureInterior Design
Principal$250.00Sr. Interior Designer$ 140.00
Design Principal$230.00Interior Designer$ 120.00
Sr. Project Manager$225.00Interior Designer Intern$ 90.00
QA Manager$230.00
Project Manager$200.00 Survey
Sr. Civil Engineer$190.00Survey Manager$ 165.00
Sr. Structural Engineer$200.00Sr. Project Surveyor$ 155.00
Sr. Mechanical Engineer$180.00Project Surveyor $ 135.00
Sr. Electrical Engineer$185.00Survey Technician$ 130.00
Civil Engineer$185.00Surveyor Intern$ 110.00
Structural Engineer$185.00
Mechanical Engineer$165.00 Survey Crews
Electrical Engineer$160.001-Person Survey Crew$ 100.00
Plumbing Engineer$150.002-Person Survey Crew$ 145.00
Engineer Intern$130.003-Person Survey Crew$ 175.00
Sr. Architect$195.00
Architect$160.00 Construction
Architect Intern 1$100.00Construction Manager $ 185.00
Architect Intern 2$120.00Resident Engineer$ 175.00
Architect Intern 3$150.00Sr. Project Representative$ 130.00
Sr. Landscape Architect $175.00Resident Project Representative $ 100.00
Landscape Architect$135.00
Landscape Architect Intern$100.00 Administrative
Sr. Planner $250.00Sr. Project Support$ 95.00
Planner$160.00Project Support $ 75.00
Planner Intern $100.00
Sr. Designer$155.00 Reimbursable Expenses
Designer $130.00ConsultantsCost + 10%
Sr. CADD Technician$135.00Other Direct CostsCost + 10%
Mileage IRS Standard Business Mileage Rate
CADD Technician$ 95.00
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: N/A
Requested By: Ian Clowes, City Planner
Department: Planning & Development
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance 2019-3763
Budgeted Item: Yes No
P & Z letter of recommendation
Existing Land Use Map
Proposed Land Use Map
SUMMARY
This item is a request for consideration to amend the C
(FLUP) in conjunction with a request by Francisco and Ileana Saucedo, applicant and
owner, who is seeking approval of a Zone Change from the General Commercial (GC)
zoning district to the Low Density Residential (R-1) zoning district. The proposed zone
change would allow for the construction of a single family home on the site. The
property in question is located at the northeast corner of N 1st St. and Tyler St., and
legally described as Lots 13-16, Block 85, Town of La Porte.
The C (FLUP)
use. In order to accommodate the proposed development, the FLUP would need to be
Low .
The Planning and Zoning Commission, at their September 19, 2019, regular meeting,
voted 7-0 to recommend approval of the proposed Future Land Use Amendment.
RECOMMENDED MOTION
I move that the Council adopt Ordinance 2019-3763,
st
Use Plan for a 0.29-acre tract of land located at the northeast corner of N 1 St. and
Tyler St., and legally described as Lots 13-16, Block 85, Town of La Porte.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2019-3763
AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF
THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION
OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations
must be adopted in accordance with a Comprehensive Plan;
WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may
amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning
commission or department; and
WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality
may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and
WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code
of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and
make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and
WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council
of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its
adoption;
WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La
Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the
Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible
amendments thereto; and
2
WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on September
19, 2019, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the
Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for
st
that 0.29 acre tract of land generally located at the northeast corner of N. 1 St. and Tyler St., and legally
described as follows: Lots 13-16, Block 85, Town of La Porte, Harris County, Texas, from its present designation
ofCommercial to Low Density Residential", and at the conclusion of such review the La Porte Planning and
Zoning Commission voted to recommend to the La Porte City Council such amendments be made to the Future
Land Use Map component of the Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the
City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit
A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after
duly noticed public hearing held at its October 28, 2019 meeting, pursuant to the recommendations of the Planning
and Zoning Commission of the City of La Porte, Texas.
Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to
make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated
reference on the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas.
Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject to 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.
3
The City Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 4 This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the 28th day of OCTOBER 2019.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
September 20, 2019
Honorable Mayor Rigby and City Council
City of La Porte
RE: Request #19-92000005 to Amend the Future Land Use Map
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a meeting on September 19, 2019 on a
request to amend the City’s Future Land Use Plan as adopted in the Comprehensive Plan for a
st
0.29 acre tract of land located at the northeast corner of N 1St. and Tyler St., and legally
described as Lots 13-16, Block 85, Town of La Porte. The request was for approval of a change
of the future land use designation from “Commercial” to “Low Density Residential” use.
The Commission voted 7-0 to recommend approval of the proposed amendments to the City’s
Future Land Use Map.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: N/A
Requested By: Ian Clowes, City Planner
Department: Planning & Development
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance 2019-3764
Budgeted Item: Yes No
P & Z letter of recommendation
Aerial map
Zoning map
Future Land Use Map
Applicant information
SUMMARY
Francisco and Ileana Saucedo, applicant and owner, seek approval of a Zone Change
from the General Commercial (GC) zoning district to the Low Density Residential (R-1)
zoning district. The subject property is located at the northeast corner of N 1st St. and
Tyler St., and legally described as Lots 13-16, Block 85, Town of La Porte.
The property is currently undeveloped. The applicant would like to change the zoning
to R-1 to allow for the construction of a single family home on the 0.29-acre tract of
land. An identical zone change request for the property immediately to the north was
approved by the City Council on June 25, 2018.
Staff mailed 18 public notice to property owners located within 200 feet of the subject
property. Staff did not receive any returned comment sheets for the proposed zone
change.
The Planning and Zoning Commission, at their September 19, 2019, regular meeting,
voted 7-0 to recommend approval of the proposed Zone Change.
RECOMMENDED MOTION
I move that the Council adopt Ordinance 2019-3764 for zone change request #19-
st
92000005, for a 0.29-acre tract of land located at the northeast corner of N 1 St. and
Tyler St., and legally described as Lots 13-16, Block 85, Town of La Porte.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2019-3764
AN ORDINANCE AMENDING CHAPTER 106 OF THE
CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 0.29 ACRE TRACT
ST
OF LAND LOCATED AT THE NORTHEAST CORNER OF N 1 ST. AND TYLER ST., AND
LEGALLY DESCRIBED AS LOTS 13-16, BLOCK 85, TOWN OF LA PORTE, FROM GENERAL
COMMERCIAL (GC) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. changing the zoning
classification of the following described property, to wit: a 0.29 acre tract of land located at the northeast corner
st
of N 1 St. and Tyler St., and legally described as Lots 13-16, Block 85, Town of La Porte, Harris County, Texas,
from General Commercial (GC) to Low Density Residential (R-1).
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.
ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all
owners of all properties locate in
compliance with code provisions.
Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the
zoning classification established by this ordinance
Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites
of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning
Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the
Section 8. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this the 28 day of OCTOBER, 2019.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED:
Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
September 20, 2019
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone ChangeRequest #19-92000005
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the September 19, 2019
meeting on a zone change request by Francisco and Ileana Saucedo, applicant and owner; for a
zone change of property legally described as Lots 13-16, Block 85, Town of La Porte, from
General Commercial (GC) to Single Family Residential (R-1). The site is a 0.29 acre tract of land
st
located at the northeast corner of N 1St. and Tyler St.
The Commission voted 7-0to recommend approvalof the proposed zone change.
Respectfully submitted,
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds: N/A
Requested By: Corby Alexander
Department: Finance
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinances
Budgeted Item: Yes No
Copy of 2019 Industrial District Agreement
SUMMARY
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve-year period.
The current agreements will expire on December 31, 2019, the common date for the Battleground and Bayport
Industrial Districts.
The City mailed 171 Industrial District Agreements on September 20, 2019.
Staffrecommends City Council authorize the execution of Industrial District Agreements with the following industries:
Ordinance Number Industrial Company
2020-IDA-01 JSP Real Properties
2020-IDA-02
Nissan Chemical America Corporation
2020-IDA-03
South Coast Terminals, LP
2020-IDA-04
EI du Pont de Nemours and Company d.b.a. Corteva Agriscience
2020-IDA-05
La Porte Logistics, LLC
2020-IDA-06
DnCn, LLC
2020-IDA-07
Equistar Chemicals, LP
2020-IDA-08
Altom Transport
2020-IDA-09
Carson Bayport III, LLC (10366 New Decade)
2020-IDA-10
Carson Bayport III, LLC (10388 New Decade)
2020-IDA-11
Carson Bayport III, LLC (10399 New Decade)
2020-IDA-12
Carson Bayport III, LLC (4311 Malone)
2020-IDA-13
Equistar Chemicals, LP (formerly Olefins JV, LP)
2020-IDA-14
Equistar Chemicals, LP
2020-IDA-15
Equistar Chemicals, LP
2020-IDA-16
LyondellBasell Acetyls, LLC (formerly La Porte Methanol, LLC)
2020-IDA-17
LyondellBasell Acetyls, LLC
2020-IDA-18
LyondellBasell Acetyls, LLC (formerly Linde Gas North America, LLC )
2020-IDA-19
Lyondell Chemical Company
2020-IDA-20
Praxair, Inc.
2020-IDA-21
Praxair Services, Inc.
2020-IDA-22
Lubrizol Corporation
2020-IDA-23
Vigavi Realty, LLC
2020-IDA-24
Vigavi
2020-IDA-25
Messer LLC
2020-IDA-26
Messer LLC
2020-IDA-27
Ohmstede, Inc.
2020-IDA-28
Noltex, LLC
2020-IDA-29
IPT Bayport DC LP
2020-IDA-30
Occidental Chemical Corp
2020-IDA-31
Oxy Vinyls LP La Porte
2020-IDA-32
Oxy Vinyls LP Battleground
2020-IDA-33
Lubrizol Advanced Materials
2020-IDA-34
The LYCRA Company LLC
2020-IDA-35
Aztron Chemical Services, Inc.
2020-IDA-36
CTS Venture Fund 09, Ltd.
2020-IDA-37
Harcross Chemicals, Inc.
2020-IDA-38
Superior Carriers
2020-IDA-39
Lonestar Ecology, LLC
2020-IDA-40
Intergulf Corporation
2020-IDA-41
Two Zero One M Texas, LLC
2020-IDA-42
Helaine Heller Marital Trust
2020-IDA-43
Two Eighteen-M-Texas, LLC
2020-IDA-44
A. Schulman, Inc. (formerly Bayshore Industrial, Inc.)
2020-IDA-45
Seawater Inc.
2020-IDA-46
AMB Institutional Aliance Fund III Local, L.P.
2020-IDA-47
Carson Bayport 2, LLC (4300 Malone)
2020-IDA-48
Strang Road Industrial
2020-IDA-49
Orangewater, LLC
2020-IDA-50
Vigavi Realty, LLC (11804 Fairmont)
2020-IDA-51
Vigavi Realty, LLC (11800 Fairmont)
2020-IDA-52
Almondwater LLC
2020-IDA-53
Carson Bayport III, LLC (4111 Malone)
2020-IDA-54
Carson Bayport III, LLC (4121 Malone)
2020-IDA-55
Carson Bayport III, LLC (4033 Malone)
2020-IDA-56
Carson Bayport III, LLC (10344 New Decade)
2020-IDA-57
Carson Bayport III, LLC (10322 New Decade)
2020-IDA-58
Valsource International LLC
2020-IDA-59
The Chemours Company
2020-IDA-60
Oakwood Capital, LP
2020-IDA-61
Don & Martha Tuffli Trust
2020-IDA-62
La Porte SP Texas Associates
2020-IDA-63
DTMT Two LLC
2020-IDA-64
Don & Martha Tuffli Trust
2020-IDA-65
Total Petrochemicals &
2020-IDA-66
Ineos USA, LLC
2020-IDA-67
Gemini HDPE, LLC
2020-IDA-68
Rohm & Haas, Co. (Bayport)
2020-IDA-69
North Bayport Industrial Park II, Ltd
2020-IDA-70
BRT Delaware, LLC
2020-IDA-71
The Dow Company
2020-IDA-72
NOCS West Gulf, Inc
2020-IDA-73
Fairmont PH Investors, Ltd.
RECOMMENDED MOTION
I move that the City Council approve Ordinances 2020-IDA-01 through 2020-IDA-_________,
authorizing the execution by the City of La Porte of Industrial District Agreements listed
above.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-IDA-01
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC,
A _______________________ CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020,
AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. ________________________, Inc, a ___________ Corporation has executed an industrial district
agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December
31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte,
Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La
Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof.
Section 3. 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 4. 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
________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-__'
'
STATE OF TEXAS '
'
COUNTY OF HARRIS '
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA
PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter
called "CITY", and ____________________________
______________, a _______________________ corporation, hereinafter called
"COMPANY",
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of the City
of La Porte, Texas, to adopt such reasonable measures from time to time as
are permitted by law and which will tend to enhance the economic stability
and growth of the City and its environs by attracting the location of new
and the expansion of existing industries therein, and such policy is hereby
reaffirmed and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729,
designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte, Texas",
and Ordinance No. 842A, designating portions of the area located in its
extraterritorial jurisdiction as the "Bayport Industrial District of La
Porte, Texas", hereinafter collectively called "District", such Ordinances
being in compliance with the Municipal Annexation Act of Texas, codified as
Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated Industrial
District of the City of La Porte, said land being legally described on the
attached Exhibit "A" (hereinafter "Land"); and said Land being more
particularly shown on a plat attached as Exhibit "B", which plat describes
the ownership boundary lines; a site layout, showing all improvements,
including pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose desires to
enter into this Agreement with Company pursuant to Ordinance adopted by the
City Council of said City and recorded in the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the authority
granted under the Municipal Annexation Act and the Ordinances of City
referred to above, City and Company hereby agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions of this
Agreement, said District shall continue to retain its extraterritorial
status as an industrial district, at least to the extent that the same
covers the Land belonging to Company and its assigns, unless and until the
status of said Land, or a portion or portions thereof, as an industrial
district may be changed pursuant to the terms of this Agreement. Subject to
the foregoing and to the later provisions of this Agreement, City does
further covenant, agree and guarantee that such industrial district, to the
extent that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from annexation by City
during the term hereof (except as hereinafter provided) and shall have no
right to have extended to it any services by City, and that all Land,
including that which has been heretofore annexed, shall not have extended to
it by ordinance any rules and regulations (a) governing plats and
subdivisions of land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any manner
whatever control over the conduct of business thereon; provided, however, 1)
any portion of Land constituting a strip of land 100' wide and contiguous to
either Fairmont Parkway, State Highway 225, or State Highway 146, shall be
subject to the rules and regulations attached hereto as Exhibit "C" and made
a part hereof, 2) intermodal shipping containers (including but not limited
to freight and tank containers) placed on Land belonging to Company shall be
permitted to be stacked wide
portion of Land contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146; intermodal
shipping containers shall be eligible to be stacked one additional container
in height within and for
containers in height, regardless of distance from Fairmont Parkway, State
Highway 225, or State Highway 146; and 3) it is agreed that City shall have
the right to institute or intervene in any administrative and/or judicial
proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental laws,
rules or regulations, to the same extent and to the same intent and effect
as if all Land covered by this Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been annexed by
City, Company agrees to render and pay full City ad valorem taxes on such
annexed Land and improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979, as amended), the appraised value
for tax purposes of the annexed portion of Land, improvements, and tangible
personal property shall be determined by the Harris County Appraisal
District. The parties hereto recognize that said Appraisal District has no
authority to appraise the Land, improvements, and tangible personal property
in the unannexed area for the purpose of computing the "in lieu" payments
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hereunder. Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area shall be
conducted by City, at City's expense, by an independent appraiser of City's
selection. The parties recognize that in making such appraisal for "in
lieu" payment purposes, such appraiser must of necessity appraise the entire
(annexed and unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the appraised
value of Land, improvements, and tangible personal property in the annexed
portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection C, of this
Paragraph III (sometimes collectively called the "Property"); provided,
however, pollution control equipment installed on the Land which is exempt
from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the
Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of
taxes" hereunder. Property included in this Agreement shall not be entitled
to an agricultural use exemption
B. On or before the later of December 31, 2020, or 30 days from mailing of
tax bill and in like manner on or before each December 31st thereafter,
through and including December 31, 2031, Company shall pay to City an amount
in lieu of taxes" on Company's Property as of January 1st of the current
calendar year ("Value Year").
C. Company
Value Year 2020: 64%
Value Year 2021: 64%
Value Year 2022: 64%
Value Year 2023: 64%
Value Year 2024: 64%
Value Year 2025: 64%
Value Year 2026: 64%
Value Year 2027: 64%
Value Year 2028: 64%
Value Year 2029: 64%
Value Year 2030: 64%
Value Year 2031: 64%
Company agrees to pay to City an amount of
unannexed area equal to the sum of:
1. Percentage Amount of the amount of ad valorem taxes which would be
payable to City if all of the Company's Land and improvements
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which existed on January 1, 2020, and each January 1 thereafter of
the applicable Value Year during the term of this Agreement,
(excluding amounts which would be so payable with respect to any
Substantial Increase in value of such Land and improvements to
which subparagraph 2, below applies), had been within the
corporate limits of City and appraised each year by City's
independent appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property (excluding
inventory) dedicated to new construction, in excess of the
appraised value of same on January 1, 2019, resulting from
new construction (exclusive of construction in progress,
which shall be exempt from taxation), for each Value Year
following completion of construction in progress, an amount
equal to Thirty percent (30%), where construction is
completed in Value Years 2020 through 2031, of the amount of
ad valorem taxes which would be payable to City if all of
said new construction had been within the corporate limits of
City and appraised by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code. The eligible period for application of
said thirty percent (30
of six (6) Value Years.
In the case of new construction which is completed in Value
Year 2028 or later, and provided, further, that City and
Company enter into an Industrial District Agreement after the
expiration of this Industrial District Agreement, then, and
in such events, such new construction shall be entitled to
additional Value Years under the new Agreement at a Thirty
percent (30%) valuation under this subparagraph (a), for a
total of six (6) Value Years, but not extending beyond Value
Year 2034.
In the case of new construction which was completed in Value
Years 2016 through 2019 in accordance with the previous
Industrial District Agreement between City and Company, such
new construction shall be subject to a Twenty percent
20%)valuation through Value Year 2022, and a Thirty (30%)
valuation for any additional Value Years beyond Value Year
2022, for a total of six (6) Value Years.
(b) Application of the thirty percent (30rate for
Substantial Increase in value of the Land, improvements, and
tangible personal property dedicated to new construction is
limited to new construction purposed for or related to
manufacturing and processing uses. In no case shall Company
be entitled to application of the thirty percent (30%)
improvements, and tangible personal property dedicated to new
construction where the new construction is purposed for or
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related to uses for warehousing, storage, distribution,
and/or general freight trucking and transportation, as well
as general commercial uses, such as truck stops, rental
facilities, or repair shops.
(c) A Substantial Increase in value of the Land, improvements,
and tangible personal property (excluding inventory) as used
in subparagraph 2(a) above, is defined as an increase in
value that is the lesser of either:
i. at least Five percent (5%) of the total appraised value
of Land and improvements, on January 1, 2019; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple projects that
are completed in a Value Year can be cumulated to arrive at
the amount for the increase in value.
(d) If existing Property values have depreciated below the
Property value established on January 1, 2019, an amount
equal to the amount of the depreciation will be removed from
the calculation under this subparagraph 2 to restore the
value to the January 1, 2019, value; and
3. Percentage Amount of the amount of ad valorem taxes which would be
payable to City on all of the Company's tangible personal property
of every description, located in an industrial district of City,
including, without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport exempted
inventory), oil, gas, and mineral interests, items of leased
equipment, railroads, pipelines, and products in storage located
on the Land, if all of said tangible personal property which
existed on January 1, 2020, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
(excluding amounts which would be so payable with respect to any
Substantial Increase in value of such tangible personal property
to which subparagraph 2, above applies), had been within the
corporate limits of City and appraised each year by the City's
independent appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes
on the annexed portion thereof as determined by appraisal by the Harris
County Appraisal District.
4. Notwithstanding the above, should City elect to grant the freeport
inventory exemption authorized by Article VIII, Section 1-j of the
Texas Constitution and Section 11.251 of the Texas Property Tax
Code to taxpayers within the City limits, then the freeport
inventory exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of property
become exempt from taxation by constitutional amendment or act of
the Texas Legislature (including, but not limited to, Article
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VIII, Section 1-n, of the Texas Constitution and Section 11.253 of
the Texas Property Tax Code), such class or type of property shall
be exempt for purposes of this Agreement, unless the City Council
of the City of La Porte shall by Ordinance provide for the
continued taxation of such property under the authority of any
applicable provisions of the Texas Constitution and Texas
Statutes.
5. City and Company acknowledge circumstances might require the City
to provide emergency services to Company's Property described on
Exhibit "A" attached hereto. Emergency services are limited to
fire, police, and public works emergency services. If Company is
not a member of Channel Industries Mutual Aid Association (CIMA),
Company agrees to reimburse City for its costs arising out of any
emergency response requested by Company to Company's property, and
to which City agrees to respond. If Company is a member of CIMA,
the obligations of Company and City shall be governed by the CIMA
agreement, to which agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day of
January, 2020, and continuing thereafter until December 31, 2031, unless
extended for an additional period or periods of time upon mutual consent of
Company and City, as provided by the Municipal Annexation Act; provided,
however, that in the event this Agreement is not so extended for an
additional period or periods of time on or before August 31, 2031, the
agreement of City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by this
Agreement, notwithstanding any of the terms and provisions of this
Agreement.
Company agrees that if the Texas Local Government Code Section Chapter
or Texas , is
amended, or any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right of City
to annex land belonging to Company or imposes further obligations on City in
connection therewith after the annexation of such land, Company will waive
the right to require City to comply with any such additional restrictions or
obligations and the rights of the parties shall be then determined in
accordance with the provisions of said laws as the same existed on January
1, 2019.
V.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns even though it is not
extended by agreement between City and all of the owners of all land within
the District of which it is a part.
VI.
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A. In the event Company elects to protest the valuation for tax purposes
set on its said properties by City or by the Harris County Appraisal
District for any year or years during the terms hereof, nothing in this
Agreement shall preclude such protest and Company shall have the right to
take all legal steps desired by it to reduce the same.
Notwithstanding such protest by Company, and except as otherwise provided in
Article VI(B), Company agrees to pay to City on or before the date therefore
hereinabove provided, at least the total of (a) the total amount of ad
valorem taxes on the annexed portions, plus (b) the total amount of the "in
lieu of taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which shall be filed
by Company.
When the City or Harris County Appraisal District (as the case may be)
valuation on said property of Company has been so finally determined, either
as the result of final judgment of a court of competent jurisdiction or as
the result of other final conclusion of the controversy, then within thirty
(30) days thereafter Company shall make payment to City of any additional
payment due hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together with
applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the independent
appraiser selected by City pursuant to Article II above (which shall be
given in writing to Company), Company shall, within twenty (20) calendar
days of receiving , give written notice to the City of such
disagreement. In the event Company does not give such written notice of
disagreement within such time period, the appraisal made by said independent
appraiser shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also submit
to the City with such notice a written statement setting forth what Company
believes to be the market value of Company's hereinabove described property.
Both parties agree to thereupon enter into good faith negotiations in an
attempt to reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market value, the parties
agree to submit the dispute to final arbitration as provided in subparagraph
1 of this Article VI(B).
Notwithstanding any such disagreement by Company, Company agrees to pay to
City on or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus (b) the
total amount of the "in lieu" payments which would be due hereunder on the
basis of Company's written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon for the
last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one person
named by Company, one by City, and a third to be named by those
two. In case of no agreement on this arbitrator in 10 days, the
parties will join in a written request that the Chief Judge of the
U.S. District Court for the Southern District of Texas appoint the
third arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue to be
determined in the arbitration shall be resolution of the
difference between the parties as to the fair market value of
Company's property for calculation of the "in lieu" payment and
total payment hereunder for the year in question. The Board shall
hear and consider all relevant and material evidence on that issue
including expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be final and
binding upon the parties, subject only to judicial review as may
be available under the Texas General Arbitration Act (Chapter 171,
"General Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the Company
and the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described property,
all improvements thereon, and all tangible personal property thereon, in the
event of default in payment of "in lieu of taxes" payments hereunder, which
shall accrue penalty and interest in like manner as delinquent taxes, and
which shall be collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon City and
Company, and upon Company's successors and assigns, affiliates and
subsidiaries, and shall remain in force whether Company sells, assigns, or
in any other manner disposes of, either voluntarily or by operation of law,
all or any part of the property belonging to it within the territory
hereinabove described, and the agreements herein contained shall be held to
be covenants running with the land owned by Company situated within said
territory, for so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90) days, with
full particulars as to property assigned and identity of assignee, of any
disposition of the Land, and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with respect to an
industrial district or enters into a renewal of any existing industrial
district agreements after the effective date hereof and while this Agreement
is in effect, which contains terms and provisions more favorable to the
landowner than those in this Agreement, Company and its assigns shall have
the right to amend this Agreement and City agrees to amend same to embrace
the more favorable terms of such agreement or renewal agreement.
8
X.
The parties agree that this Agreement complies with existing laws pertaining
to the subject and that all terms, considerations and conditions set forth
herein are lawful, reasonable, appropriate, and not unduly restrictive of
Company's business activities. Without such agreement neither party hereto
would enter into this Agreement. In the event any one or more words,
phrases, clauses, sentences, paragraphs, sections, articles or other parts
of this Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then the
application, invalidity or unconstitutionality of such words, phrase,
clause, sentence, paragraph, section, article or other part of the Agreement
shall be deemed to be independent of and separable from the remainder of
this Agreement and the validity of the remaining parts of this Agreement
shall not be affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other previously
existing industrial district agreements with respect to said Land shall
terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or delivered
as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: ______________________________
(COMPANY)
Attention:___________________ Department
______________________________
______________________________
Company shall promptly notify City of any change of ownership of Property,
any assignment of this Agreement, and of any change of billing address.
Company shall notify City annually, on or before June 1, of any changes to
the following information:
Plant Manager
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
9
Email: _________________________
Tax Agent/Billing Contact
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
Email: _________________________
ENTERED INTO effective the 1st day of January, 2020.
________________________________
(COMPANY)
By: ______________________________
Name:______________________________
Title:_____________________________
Address:___________________________
____________________________
ATTEST: CITY OF LA PORTE, TEXAS
___________________________ By: ______________________________
City Secretary Louis R. Rigby
Mayor
APPROVED:
___________________________ By: ______________________________
Knox W. Askins Corby D Alexander
City Attorney City Manager
City of La Porte
P.O. Box 1218 CITY OF LA PORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
knoxaskins@comcast.net
10
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the __ day of
___________, 20__, by ____________________, _____________________ of
______________________ corporation, a __________ corporation, on behalf of
said entity.
______________________________
Notary Public, State of Texas
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the ____ day of
___________, 20__, by Louis R. Rigby, Mayor of the City of La Porte, a
municipal corporation, on behalf of said entity.
______________________________
Notary Public, State of Texas
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a site
layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte.)
13
"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and contiguous to
either Fairmont Parkway, State Highway 225, or State Highway 146 shall be
subject to the following rules and regulations pertaining to new signage,
screening, driveways and median crossovers, as well as the stacking of
intermodal shipping containers. These rules and regulations shall apply
after the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A" which is
adjacent to Fairmont Parkway, State Highway 225, or State Highway 146.
1. Any sign erected in said 100' strip of land shall be subject to the
following provisions:
One freestanding identification sign shall be permitted for each
side of an industrial establishment that fronts on an improved
public right-of-way.
Freestanding identification signs for single tenant buildings
shall not exceed 150 square feet in area.
One freestanding identification sign for identifying multiple
businesses is allowable at the intersection of improved public
rights-of-way.
Freestanding identification signs for multiple businesses shall
not exceed 350 square feet.
Freestanding identification signs shall not exceed 45 feet in
height.
Minimum setback for sign construction shall be ten (10) feet from
property lines.
2. Intermodal shipping containers (including by not limited to freight and
tank containers) shall be permitted to be stacked only to a maximum of
two (2) containers in height in the said In those instances
the screening requirements established in paragraph 3 immediately below
shall apply.
3. When Land adjacent to said 100' strip is developed, the initial 50' of
said strip beyond any existing pipeline easement contiguous to either
Fairmont Parkway, State Highway 225, or State Highway 146 shall be
screened by one of the following techniques:
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a) Leaving in place existing trees, vegetation, underbrush, etc. to
provide a thorough and effective visual screening
"EXHIBIT C"
Page 2 of 3
of the development. Existing trees shall, together with other
vegetation and underbrush, create a continuous visual screen.
b) The use of earthen berms with approximately 3:1 side slopes, 50'
wide at the base and 8' high. The berms may be landscaped with a
combination of trees, shrubs, and ground cover. All berms and
landscaping will be maintained by the property owners.
c) A screening plan, to be approved by the City, that includes a
combination of trees, shrubs, and ground cover that after 5 years
growth will be at least 20 feet in height and shall, together with
shrubs and ground cover, create a continuous visual screen.
Provided, however, in public utility easements or rights-of-way,
the vegetation shall be installed and maintained in a manner which
is acceptable to the public utility company, and does not
interfere with the operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of required screening
along the roadway will be equal to the length of the new
development that is parallel to the roadway. Screening shall not
be required for new development that is to the rear of or behind
existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept free
from any improvements except for approved driveway access and
identification signs.
For cases of new development or improvements where a 50' landscape
easement is not available or practical, Company shall meet with
City to determine a suitable landscaping alternative.
d) In the case of land contiguous to Fairmont Parkway, in addition to
the other requirements of these Rules and Regulations, Company
shall dedicate to City by Plat a ten foot (10') wide pedestrian
and bicycle easement, extending along Company's Fairmont Parkway
boundary, within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline facility,
except for necessary crossings.
4. Driveways opening from said strip of land onto State Highway 225 or
State Highway 146 shall be subject to the rules and regulations of the
Texas Department of Transportation and provisions of the City's Code of
Ordinances, whichever is more restrictive.
"EXHIBIT C"
15
Page 3 of 3
Driveways opening from said strip of land onto Fairmont Parkway shall
be subject to the rules and regulations of Harris County and provisions
of the City's Code of Ordinances, whichever is more restrictive.
5. Driveways opening from said strip of land onto Fairmont Parkway shall
be approved by the City and may require the installation of separate
acceleration/deceleration lanes.
6. Installation of a median crossover on Fairmont Parkway shall be subject
to the approval of both Harris County and City.
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28, 2019
Source of Funds:
Requested By: Louis R. Rigby, Mayor
Department: City Council
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Ordinance 2019-3758
Budgeted Item: Yes No
Current, proposed redline, and proposed
clean versions of the Council Rules of
Procedure
SUMMARY
This item was discussed at the September 9 and 23 City Council meetings and has been placed as an
ongoing item for discussion.
The City Council adopted the current Organization and Procedures for City Council Meetings with
Ordinance 2003-2646A in May 2008 (first established by Ordinance 2003-2646 in July 2003). Changes
in custom, procedure, and law over the last decade make it appropriate for review and potential
amendment.
Additionally, it is proposed that the current City Council Ethics Policy (adopted in 2013) be made a part
of the Rules of Procedure, so it has been reviewed and several items near the end have been
recommended for deletion.
RECOMMENDED MOTION
No motion necessary for the October 14 reading, it has been brought for discussion at this
meeting.
ORDINANCE NO. 2019-3758
AN ORDINANCE AMENDING PROCEDURE
FOR CITY COUNCIL MEETINGS; AMENDING AN ETHICS AND CONFLICT OF INTEREST
POLICY FOR CITY OFFICIALS AND EMPLOYEES; FINDING COMPLIANCE WITH THE
TEXAS OPEN MEETINGS ACT; CONTAINING A REPEALING CLAUSE; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, Section 2.07. Meetings. b. Rules.
WHEREAS, the City Council adopted Ordinance 2003-2646-A on May 19, 2008, updating the
organization and procedures for City Council meetings and thereby repealing Ordinances 1435 and 1435-
A; and
WHEREAS, the City Council adopted Ordinance 2013-3489 on July 22, 2013, establishing an ethics and
conflict of interest policy applicable to City officials and employees; and
WHEREAS, the passage of time has allowed for additional review of legislation and consideration of
suitable rules and guidelines for the procedures of City Council meetings and the conduct of members of
Council at all times.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The Rules of Procedure for the City Council of the City of La Porte are hereby amended as
attached.
Section 2. Open Meetings Law Notice. 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 Act, 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 1-226. Repeal. Ordinance 2003-2646-A and Ordinance 2013-3489 are repealed as of the effective date
hereof. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 1-227. Effective Date. This ordinance shall take effect immediately upon its passage and approval.
PASSED AND APPROVED, this ________ day of _______________________, 2019.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
CITY COUNCIL RULES OF
PROCEDURE
Amended XXXXX XX, 2019, by Ord. 2019-3758
First Adopted July 28, 2003
1
TABLE OF CONTENTS
(will be revised when all other changes are complete)
Section 1 GENERAL 1
Section 2 AUTHORITY 1
Section 3 - MEETINGS
3.01. Regular Meetings 1
3.02. Special Meetings 1
3.03. Agenda 1
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons 2
4.02. Council Relations with the Media 3
4.03. City Staff (During Meetings) 3
4.04. Citizens and Visitors 3
Section 5 - DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement 3
5.02. Conflict of Interest 4
5.03. Voting 4
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer - Duties 4
6.02. Call to Order Presiding Officer 4
6.03. Roll Call
6.04. Quorum (9/18/19 emails & default to TGC 551.001(6))
6.05. Order of Business
6.06. Rules of Debate
6.07. Addressing the Council
6.08. Addressing the Council After Motion Made
6.09. Silence Constitutes Affirmative Vote
6.10. Decorum
6.11. Enforcement of Decorum
6.12. Special Boards, Commissions, or Committees
6.13. Claims Against City
6.14. Ordinances, Resolutions, and Contracts
6.15. Reports and Resolutions to be Filed with the City Secretary
Section 7 - CITY COUNCIL COMMITTEES
7.01. Council Committees Established 6
7.02 Appointment 6
7.03. Council Committee Meetings 6
7.04. Council Ad Hoc Committees 7
Section 8 - RULES SUSPENSION 7
APPENDIX City Council Ethics Policy
2
3
Section 1 GENERAL
Parliamentary law and the rules of procedure derived from such law are essential to all deliberative organizations
so that they may consider all matters before them in an effective and efficient manner and produce results that are
legal and binding. Moreover, such procedural safeguards ensure due process during deliberations among members
of the organization while at the same time protecting the rights of both the group and each member. Accordingly,
these rules of procedure establish guidelines to be followed by all persons attending City Council meetings,
including members of the City Council, administrative staff, news media, citizens, and visitors.
Section 2 AUTHORITY
meet regularly as such times as may be presand
established. In the event of any conflict between the City Charter and these rules of procedure, the City Charter
shall prevail.
The parliamentary reference for the City Council is the most recent edition of
Revised (RONR). When any issue concerning procedure arises that is not covered by the Rules of Procedure, the
City Charter, or state law, the Council will refer to RONR, which shall determine such procedural issue.
Section 3 MEETINGS
The City Council shall follow both the letter and the spirit of Chapter 551 of the Texas Government Code (the
Texas Open Meetings Act).
3.01. Regular Meetings.
(A) Time. The City Council will generally hold regular meetings on the second and fourth Monday of each
month, at 6:00 p.m.
(B) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council
Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Texas, unless otherwise
directed by City Council, or required by law.
3.02. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special
meetings of the City Council whenever in their opinion the public business may require it, or at the express
written request of any three (3) members of the City Council. Such written request shall be filed with the City
Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall
be called, notice shall be given.
3.03. Agenda. The Mayor, the City Manager, the City Secretary, or the City Attorney, or any three (3) members
of the City Council by written request, may place an item on a City Council agenda. The written request removed
@ 9/23 CC mtg.shall include a clear description of the proposed action by the Council (in the form of a proposed
motion), or shall clearly state the item is for discussion purposes only, shall be of sufficient detail to allow staff
to contribute background information on the topic, and shall be filed with the City Secretary by 5:00 p.m.,
4
Thursday, two weeks prior to the Monday night City Council meeting (and a commensurate period for special
meetings) Any deviations from or amendments to an agenda, either past the established deadlines or once posted,
should be exceedingly rare and of a clearly significant nature. All reports, communications, ordinances,
resolutions, contract documents, or other matters to be submitted to the Council shall also be delivered to the
City Secretary on the same schedule.
The City Secretary will coordinate the placement and content of items on the agenda with the City Manager, who
will resolve any conflicts with Mayor and Councilpersons. Agenda items may be removed only by the person
who initially placed that item on the agenda
Drafts of contracts, ordinances, resolutions, or other items requiring review should be submitted to the City
Attorney in a manner timely enough to allow for their review prior to this submittal deadline above. None of the
foregoing matters shall be presented to the Council by the administrative officials except those of an urgent
nature, and the same, when so presented, shall have the written approval of the City Manager before presentation.
Section 4 - STANDARDS OF CONDUCT
4.01. City Councilpersons.
It is important that Councilpersons demonstrate civility to one another as individuals, for the validity of different
opinions, for the democratic process, and for the community and citizens being served. Elected officials should
exhibit appropriate behavior. All members of the City Council have equal votes and all Councilpersons speak
only for themselves.
4.02. Council Relations with the Media.
All City press releases, media advisories, story suggestions, or similar items should go through the City
distribution, with exception of factual police department bulletins which designated officers
may send directly, with copy to the City Secretary.
4.03. Citizens and Visitors.
(A) Reactions from the audience following the recognition and rewarding of citizens and special guests is
considered appropriate and encouraged. Reactions from the audience during staff presentations to the
Council and during debate between Councilpersons are not appropriate and not permitted. The
presiding officer will ensure that the decorum of the meeting is maintained and is appropriate.
(B) No placards, banners, or signs will be permitted in the City Council chamber or in any other room in
which the City Council is meeting. Exhibits, displays, and visual aids used in connection with
presentations to the City Council, however, are permitted.
With the exception of those locations designated as free speech venues, or for City-sponsored or City co-
sponsored Meet the Candidate forums for City elections, City Hall may not be used for political campaign-related
functions or events. City resources or equipment may not be used for other election campaigning which includes,
but is not limited to, the passing out of campaign flyers, signs, buttons, or other campaign materials for any
candidate or officeholder. No one may make a contribution to a candidate or officeholder in City Hall. No one
5
may solicit support for a candidate or officeholder or accept a contribution for such in City Hall. Campaign flyers,
signs, buttons, or other campaign materials for any candidate or officeholder are prohibited in City Hall or on
City property except as allowed by state law or as the City Council shall formally restrict or authorize by other
ordinance or resolution.
Section 5 DUTIES AND PRIVILEGES OF COUNCILPERSONS
5.01. Seating Arrangement.
The Mayor shall determine seating of the Council and Charter Officers.
5.02.Conflict of Interest.
A City Councilperson prevented from voting by a conflict of interest, shall step down from the dais and leave the
room (per Ethics & Conflict of Interest Policy, attached as Appendix A), shall
not vote on the matter, shall not participate in discussions regarding the matter or attempt to influence the
shall otherwise comply with the state law and city ordinances concerning conflicts of interest including Chapter
171 of the Local Government Code.
5.03.Voting.
(A) When a vote is called, every member present shall vote either "Aye" or "No" except on matters
involving a conflict of interest that compels a Councilperson to abstain.
(B) Any vote to which there is an objection shall be taken by counted vote; except that, on the demand of
a single Councilperson, a roll call vote shall be taken. After the result of a vote is announced, a member
may not change a vote unless, before the adjournment of that meeting, permission is given to change
the vote by a majority vote of the members present.
Section 6 - CHAIR AND DUTIES
6.01. The Presiding Officer-Duties. The presiding officer of the Council shall be the Mayor. The Presiding
Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state
every question coming before the Council, announce the decision of the Council on all subjects and decide all
questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council
shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He
shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence
of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted.
6.02.Call to Order-Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair
precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence
of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order,
whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor
or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the
business immediately before the Council.
6
6.03. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall
note in the minutes the names of those present. Late arrivals or departures of Council members shall be noted by
the Presiding Officer, and recorded by the City Secretary in the minutes.
6.16. 6.04. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or
special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three
(3) members present, compel the attendance of absent members. (9/18/19 emails & default to TGC 551.001(6))
6.05. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas
Open Meetings Act. Promptly at the hour set on the day of each regular meeting as posted as required by law,
the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take
their regular stations in the Council Chambers, and the business of the Council shall generally be taken up for
consideration and disposition in the following order:
1.Call to Order
2.Invocation and Pledges of Allegiance
3.Proclamations and Presentations
4.Public Comments
5.Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for
discussion.) These items are typically routine in nature.
a. 6. Statutory Agenda
b.
11.7. Reports of City Officers and Staff 8. Administrative Reports.
12. 9. Items of Community Interest (in accordance with state law)10. Executive and/or workshop sessions
(as appropriate)
13.11. Reconvene in public session (as needed following executive sessions)
14.12. Adjournment.
6.06. Rules of Debate.
(A) Presiding Officer May Debate and Vote, Etc. The Mayor or Mayor Pro Tem, or such other member of
the Council as may be presiding may move, second and debate from the chair, subject only to such
limitations of debate as are by these rules imposed on all members and shall not be deprived of any of
the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer.
(B) Getting the Floor-Improper References to be Avoided. Every member desiring to speak shall address the
Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate,
avoiding all personalities and indecorous language.
(C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call
him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall
cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
.
(D) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the
Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration
7
by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in
the minutes.
(E) Synopsis of Debate--When Entered in Minutes. The City Secretary may be directed by the Presiding
Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question
coming regularly before the Council.
(F) Relevance of Debate. In the interest of being respectful of the time commitment of City Councilpersons,
the Council expects that issues adequately addressed prior to the meeting not be reprised during the
meeting.
6.07. Addressing the Council. Before each meeting of City Council the City Secretary shall make public
comment forms available, on which any taxpayer or resident, or his authorized representative, or any member of
the public, may sign his name and address, and indicate the subject matter on which he wishes to speak.
(A) Individuals may address the Council by oral communication by completing all requested information
on the public comment form, and placing , not later than five
(5) minutes before commencement of the meeting. Oral communication to Council shall be in the
manner provided in Section 1.212 hereof.
(B) Time Limit. Each person addressing the Council shall step up to the podium, shall give his
name and address in an audible tone of voice for the records, and unless further time is granted
by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the
Council as a body and not to any member thereof. No person, other than the Council and the
person having the floor shall be permitted to enter into any discussion, either directly or
through a member of the Council, without the permission of the Presiding Officer. No question
shall be asked to a Councilperson except through the Presiding Officer. Any such question shall
be referred by City Council to the City Manager, for further handling.
(C) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place
reasonable limits on the length of presentations made during the comment period, in accordance with law.
For such purposes the City Council may limit the length of the individual presentations made. Subject to
the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates
to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a
particular point of view. 7/19 addition in light of HB 2840 changes made above Persons wishing to
address the Council on more than one agenda item in a single meeting must speak on them all the first
time they are called upon (additional time is not given for additional items emailing, writing, calling, or
visiting with Councilpersons outside of meetings is, of course, unlimited).
6.09. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his
silence shall be recorded as an affirmative vote.
6.10.Decorum.
(A) By Councilpersons. While the Council is in session, the members must preserve order and decorum, and
a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of
8
the Council nor disturb any member while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided.
(B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become
boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further
audience before the Council, unless permission to continue be granted by a majority vote of the Council.
6.11. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as
he may designate, shall be Sergeant-at-Arms of the Council meetings. He, or they, shall carry out all orders and
instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council
meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them
present, to remove any person who violates the order and decorum of the meeting.
6.12.Special Committees. The establishment and members of all special committees shall be decided by a majority
vote of the Council, unless prescribed by the City Charter or other action of the Council.
6.13. Ordinances, Resolutions, and Contracts.
(A) All ordinances, resolutions and contract documents shall, before presentation to the Council, have been
approved as to form and legality by the City Attorney or his authorized representative, and shall have
been examined and approved for administration by the City Manager or his authorized representative,
where there are substantive matters of administration involved.
(1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must initially
be produced/written, introduced, and sponsored per the guidelines of 3.03 Agenda, above.
(2) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and
no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the
title of the ordinance or section amended or repealed, and when practical all ordinances shall be
introduced as amendments to existing ordinances or sections thereof.
6.14. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed
with the City Secretary and entered on the minutes.
Section 7 CITY COUNCIL COMMITTEES
7.01. Council Committees Established.
(A) The following standing committees of the City Council are established:
(1) Fiscal Affairs Committee
(2) Drainage and Flooding Committee
(B) Each standing committee shall review matters in its area of responsibility that are referred to it
by the City Council or the City Manager. A standing committee may, by majority vote,
recommend action to the City Council, but committee recommendation is not necessary for a
9
matter to be placed on the City Council agenda. The committee chair may make a statement on
behalf of the committee on an item in a meeting of the Council.
7.02. Appointment. Appointment to and composition of the committees has been established through prior
Council action and may be amended by such.
7.03.Council Committee Meetings.
(A) Council standing committees shall meet as necessary. The quorum of Council committees will be a
majority of the members serving. Except when serving during a meeting for an absent member, an
alternate to the committee should not be seated at the dais, nor participate in discussion or vote. (9/9/
& 9/18 additions from emails w/Askins, Rigby, Alexander)
(B) The committee chair shall develop committee meeting agendas through coordination with fellow
committee members and appropriate supporting staff members. The committee chair will
coordinate with the City Secretary to ensure that the committee meeting agenda is posted as
appropriate.
7.04.Council Ad Hoc Committees.
The Mayor may appoint ad hoc committees from time to time to study and review specific
issues. The Mayor shall determine the number of members and appoint a chair of ad hoc
committees. The ad hoc committees shall be established for a designated period of time, which
may be extended by the Mayor and shall meet as needed. The Mayor shall formally announce
the establishment of any ad hoc committee along with his appointments to that committee in a
session of Council prior to the committee convening to conduct business.
Section 8 RULES SUSPENSION
Any provision of these rules not governed by the City Charter, City Code, or state law may be temporarily
suspended by a two-thirds vote of the members of the City Council present.
10
APPENDIX A
ETHICS POLICY
Adopted July 22, 2013, by Ordinance 2013- 3489
Section 1. Policy and purposes.
(A) General policy statement. It is the policy of the city that all city officials and employees shall
conduct themselves both inside and outside the city's service so as to give no occasion for distrust
of their integrity, impartiality, or devotion to the best interest of the city and the public trust which
the city holds.
(B) Appearance of impropriety. Public service is a public trust. All city officials and employees are
stewards of the public trust. They have a responsibility to the citizens of the city to administer and
enforce the City Charter and city ordinances. To ensure and enhance public confidence in city
government, each city official and employee must strive not only to maintain technical compliance
with the principles of ethical conduct set forth in this article and in state law, but also to avoid the
appearance of impropriety at all times.
(C) This code of ethics has three purposes:
(1) To encourage ethical conduct on the part of city officials and employees;
(2) To encourage public service with the city;
(3) To establish standards for ethical conduct for city officials and employees by defining and
prohibiting conduct that is incompatible with the interests of the city;
(D) 'This code of ethics is not intended to be used as a political weapon or to intimidate or embarrass
affected persons. The officials charged with administration of this code of ethics shall administer
it in a manner that avoids any such use of this code of ethics.
Section 2. Definitions.
In this policy:
Benefit means anything reasonably regarded as pecuniary gain or pecuniary advantage, including any
money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service
or other tangible or intangible thing of value. Benefit includes a pecuniary gain or pecuniary advantage
to any other person in whose welfare the beneficiary has a direct and substantial interest.
Business entity means a sole proprietorship, partnership, firm, corporation, holding company, joint-
stock company, receivership, trust, unincorporated association, or any other entity recognized by law,
including a nonprofit organization or governmental entity.
Economic interest includes a legal or equitable interest in real property, personal property, or
intangible property, or a contractual right, including but not limited to receipt of compensation and/or
11
benefits. Service by a city official or employee as an officer, director, advisor, or other active
participant in a nonprofit educational, religious, charitable, fraternal, or civic organization does not
create for that city official or employee an economic interest in the property of the organization.
Ownership of an interest in a mutual or common investment fund that holds securities or other assets
is not an economic interest in the securities or other assets unless the person in question participates
in the management of the fund.
Employee means any person employed by the city, whether under civil service regulations or not,
including those individuals on a part-time basis, but not including any independent contractor.
Immediate family means the spouse, children, brothers, sisters and parents of an officer or employee.
Officer or official means the mayor or any member of the city council and any appointive member of
a city board, commission or committee established by ordinance, charter or state law.
Section 3. Prohibition against involvement in actions affecting economic interests.
(A) General rule. It shall be a violation of this policy for a city official or employee to participate in
any proceedings or take any official action that he or she knows is likely to:
(1) Affect an economic interest of:
(a) The official or employee;
(b) His or her immediate family member;
(c) A member of his or her household;
(d) An outside employer of the official or employee or of his or her immediate family member;
(e) A business entity in which the official or employee or his or her immediate family member
holds an economic interest;
(f) A business entity for which the city official or employee serves as an employee, officer or
director, or otherwise functions in any policy making position; or
(g) A person or business entity from whom the official or employee, or his or her immediate
family member, has solicited, received and not rejected, or accepted an offer of
employment within the past twelve months; or
(2) Confer a benefit on the official or employee, or deprive the official or employee of a benefit,
where the effect of the action on the official or employee is distinguishable from the effect of
the action on other employees or officials, members of the public in general or a substantial
segment of the public.
(B) Meaning of "affect".
(1) In subsection (a)(l) above, an action is likely to affect an official's or employee's economic
interest if it meets all of the following:
(a) The action is likely to have an effect on that interest, either positive or negative, that is
distinguishable from its effect on other employees or officials, members of the public in
general or a substantial segment of the public.
(b) The effect of the action on that interest is direct, and not secondary or indirect. However,
the action need not be the only producing cause of the effect in order for the effect to be
direct.
12
(c) The effect on the interest must be more than insignificant or de minimis in nature or value.
(2) In determining whether a person, entity or property is or was affected by an official's or
employee's participation in proceedings, vote or decision, it will not be necessary to prove the
actual existence or occurrence of an economic effect or consequence if the effect or
consequence would be reasonably expected to exist or occur.
(C) Recusal and disclosure. A city official or employee whose conduct would otherwise violate
subsection (a), or a state conflict of interest law if he or she participated in proceedings or took an
action, must abstain from participation in the action in accordance with the following:
(1) Immediately refrain from further participation in the matter, including discussions with any
persons likely to consider the matter, from the time he or she discovers or reasonably should
have discovered the matter triggering the recusal;
(2) Promptly file necessary documentation disclosing the nature and extent of the interest triggering
the recusal with the city clerk, if the person is an official, or with the person's supervisor, if the
person is an employee;
(3) Promptly notify the person's supervisor of the nature and extent of the interest triggering the
recusal, if the person is a city employee, so that the supervisor can reassign responsibility for
handling the matter to another person; and
(4) Promptly disclose the interest triggering the recusal, if the person is a member of the city
council, a city board or commission, to other members of the city council, board or commission,
and leave the room in which the city council, board or commission is meeting during the board
or commission's discussion of or voting on, the matter.
(D) No prohibition established in this section shall be construed to prevent members of city council,
or the appointees to any board or commission of the city, or a city employee, from voting on or
participating in a matter relating to the adoption of laws, rules and/or policies that apply generally
to all employees, officials and/or members of the public and the effect of which dos not confer a
benefit on the official or employee that is distinguishable from the effect on other employees,
officials or members of the public or a substantial segment of the public.
Section 4. Standards of conduct.
(A) Standards for immediate family members. A city official or employee commits a violation of this
policy if an immediate family member, with the official's or employee's knowledge, intentionally
or knowingly:
(1) Solicits, accepts or agrees to accept from another person any benefit that the member's relative,
who is a city officer or employee, is prohibited from soliciting, accepting or agreeing to accept
under state law;
(2) Misuses any official information obtained from the member's relative, who is a city officer or
employee, to which the relative has access by virtue of the relative's office or employment and
that has not been made public, in a manner prohibited as to the relative under state law; or
(3) Misuse, as defined in V.T.C.A., Penal Code §39.01, any city property, services, personnel or
any other thing of value belonging to the city that has come into the member's custody or
possession by virtue of the office or employment of the member's relative who is a city officer
or employee.
13
(B) Representation and appearance at meetings. No city official or employee shall knowingly:
(1) Appear before the body of which the officer or employee is a member, or otherwise participate
in any proceedings, as a representative for any private person, including the officer or
employee or any immediate family member, except that an official or employee may represent
their interests in their own property before a board, agency, commission or department of the
city.
(2) Participate in any proceedings, directly or indirectly, wherein the official or employee
represents the interests of any outside employer, business entity, group or interest in any
matter, action or proceeding against the interests of the city or in any litigation in which the
city or any department, agency, commission or board thereof is a party;
(3) Accept other employment or engage in outside activities incompatible with the full and proper
discharge of city duties or that might impair independent judgment in the performance of city
duties; or
(4) Make a false statement of material fact at a public meeting. This subsection shall not be
construed to deprive an officer or employee of the right to due process under the law, including
the right to represent himself/herself in a court proceeding.
(C) Representation by council members. No city council member shall knowingly represent any
private person, including the city council member or any immediate family member, or any
outside employer, business entity, group or interest in any matter before any department, agency,
commission or board of the city, except that city council members may represent their interests in
their own property before a board, agency, commission or department of the city.
(D) Representation in municipal court. In any action or proceeding in the municipal court which is
instituted by a city officer or employee in the course of official duties:
(1) No city council member shall knowingly represent any private person other than himself or
herself. If a city council member elects to have a trial in municipal court, the city council,
without the participation of the affected city council member, will appoint a special judge to
preside over the trial.
(2) No city officer or employee shall knowingly represent any private person other than himself
or herself, including any immediate family member, or any group or interest.
(E) Representation in land use and development matters. A member of the planning and zoning
commission shall not knowingly represent the member or any other person, group or interest in any
matter before the zoning board of adjustments involving land use or development, and a member of
the zoning board of adjustments shall not knowingly represent the member or any other person, group
or interest in any matter before the planning and zoning commission involving land use or
development. This subsection does not apply to members representing their interests in their own
property.
(F) Prohibited use of city position. A city official or employee shall not use his or her position to unfairly
advance or impede private interests, or to grant or secure, or attempt to grant or secure, for any person
(including himself or herself) any form of special consideration, treatment, exemption, or advantage
beyond that which is lawfully available to other persons. A city official or employee who represents
14
to a person that the official or employee may provide an advantage or impediment to the person based
on the official's or employee's office or position violates this rule.
Section 5. Contracts with city; cligihi1ity for appointment or election to office.
(A)No member of the city council and no city employee shall have a financial interest in the sale to
the city of any land, materials, supplies or service, outside of the person's position with the city. Any
person having an interest shall be ineligible for election as a city council member or appointment as a
city employee, and any city council member or city employee who acquires an interest shall forfeit
the office or employment. Any violation of this subsection with the actual or constructive knowledge
of the city council member or employee shall render the contract voidable by the city manager or the
city council.
(B) In subsection (a) of this section and in subsection 2.425(c), the term "sale to the city'' includes a sale
to city-sponsored entities and organizations subject to substantial control by the city in one or more
of the following respects:
(1) All or a majority of the governing body of the entity or organization is appointed by the city
council;
(2) The city provides more than one-half of the operating funds of the entity or organization;
(3) The city has approval authority over purchasing decisions made by the entity or organization;
(4) The city has approval authority over bonds or other indebtedness issued by the entity or
organization; or
(5) The city has approval authority over the budget of the organization.
(C) This section does not apply to acquisition of property by the city as a result of eminent domain
proceedings or the threat of eminent domain proceedings.
Section 6. Restrictions on former employees.
(a)No former city employee shall, for a period of one year from the date of leaving city employment,
knowingly:
(1) Appear at a meeting of a board or commission staffed by members of the department of which
the employee was a member, as a representative for any private person, including the employee
or any immediate family member, or any group or interest.
(2) Represent, directly or indirectly, any private person, including the former employee or any
immediate family member, or any group or interest in any action or proceeding against the
interests of the city or in any litigation in which the city or any department, agency, commission
or hoard thereof is a party.
(b)Notwithstanding the foregoing prohibitions, a former employee may represent their interests in their
own property before a board, agency, commission or department of the city. Furthermore, this
subsection shall not be construed to deprive a former employee of the right to due process under the
law, including the right to represent himself in a court proceeding.
15
(c)In any action or proceeding in the municipal court which is instituted by a city officer or employee in
the course of official duties, no former city employee shall, for a period of one year from the date of
leaving city employment, knowingly represent any private person other than himself or herself,
including any immediate family member, or any group or interest.
(d)For a period of one year from the date of leaving employment, a former city employee shall not have
any financial interest in the sale to the city of any land, materials, supplies or service. Any violation
of this subsection with the actual or constructive knowledge of the former city employee shall render
the contract voidable by the city manager or the city council. This subsection shall not apply to a
former city employee whose employment was terminated as part of a reduction in force.
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 28th, 2019
Source of Funds:
Requested By: Corby Alexander, City Manager
Department: CMO
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Updated Sponsorship Policy
Budgeted Item: Yes No
Updated Sponsorship Application
SUMMARY
th
Staff brought the first iteration of this new sponsorship policy to the Council on September 9, and
received feedback for the changes presented on these updated forms. For next year, the staff has
budgeted $10,000 for the Houston Yacht Club, $10,000 for the San Jacinto Festival, along with $125,000
to Sylvan Beach Day.
RECOMMENDED MOTION
As appropriate to provide direction to staff. Should the desire be to adopt the policy as
presented: I move to adopt the City Sponsorship Policy as presented.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
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L͵LƓƷƩƚķǒĭƷźƚƓ
The purpose of this sponsorship policy is to provide administrators with guidelines when the City is approached
by organizations to support local festivals, special events, community projects or programs.
The City of La Porte recognizes the value of these partnerships to the community but also its charge to maintain
fiscal responsibility. The following policy has been established to direct when co-sponsorship or in-kind services
can be approved.
LL͵tƚƌźĭǤ
In order to be considered for approval, the opportunity must:
Move forward the mission and goals of the City of La Porte.
Have an entirely filled application form.
Demonstrate value to either the Citizens of La Porte, the La Porte Business Community, or the area as a
whole
Conform to all applicable federal and state statutes, and to all applicable City ordinances, policies, and
practices.
The sponsorship must not result in any competitive advantage, benefit, or preferential treatment for the
sponsor outside of the sponsorship agreement.
Be presented to City staff at least one month before the opportunity is to take place. If the City is being
asked to participate more than $10,000, the application must be in by February 15th before the budget
year in which the opportunity takes place.
Show the City logo on all materials showing event sponsors.
Get pre-approval of the use of City logo, slogan, branding statement, or quote.
Opportunities receiving money from Local Hotel Occupancy Tax revenues must comply with state law,
show collaboration with at least one local hotel or motel beforehand and complete an after action report.
Also note:
Sponsorship approvals are made on an annual basis and shall be considered as one-time approvals. City
participation should not be an expected line item in the receiving organization
The City reserves the right to assess all activities at any time to ensure all rules, regulations, conditions of
use, and City and health and safety laws are not violated. Sponsorships and in-kind services can be revoked
at any time, effective immediately.
The opportunity cannot be held to advocate a political position or figure.
The hosting organization will not discriminate on the grounds of race, religious creed, color, national
origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual
orientation. Further, the organization must agree to conform to the requirements of the Americans with
Disabilities Act.
Religious organizations, companies, or groups may obtain sponsorships if the proposed program, event,
or project neither promotes religious messages nor advocates for or promotes religious beliefs.
Any sponsorship above $500 5000 must be approved by La Porte City Council.
LLL͵ 5ĻŅźƓźƷźƚƓƭ
In-Kind Contributions: Donations of goods, services, or time instead of cash.
Opportunity: The program or event in which the applicant is asking for City participation, whether it be cash
or in-kind.
Sponsorship: When the City decides to donate either cash or in-kind contributions to an opportunity.
The City of La Porte is excited to potentially partner with your program or event. Please fill out the information
below and return it to the City.
Organization Name: Click here to enter text. Contact Name: Click here to enter text.
Federal Tax I.D. Click here to enter text. Contact Number: Click here to enter text.
Organization Address: Click here to enter text. Contact Email: Click here to enter text.
City/State/ZIP: Click here to enter text. Which Describes
For-Profit Corporation:
Your Organization?
501.C*:
Government Entity:
*If you have identified your organization as a 501.C, please attach a copy of your IRS determination letter
Funding
Please Indicate Sponsorship
Monetary In-Kind
Type Requested:
Describe In-Kind Services
Click here to enter text.
Requested:
Total Amount Requested: Click here to enter text.
Name of the Program/Event: Click here to enter text.
Describe the Program/Event: Click here to enter text.
I certify that all figures, facts and representations made in this application, including attachments, are
true and correct to the best of my knowledge and that I am empowered to sign on behalf of the
applicant organization.
X
Applicant Representative, Date
About Your Event or Program
Are you requesting sponsorship for an event or program? Event Program
Official name of the event or program: _________________________________________________________
Dates(s) of event/program: __________________________________________________________________
Time(s) and duration of event/program: ________________________________________________________
Physical location of the event/program: ________________________________________________________
Is this a request for an event/program in the city limits of La Porte or on city-owned property?
Yes No
Total expected attendance: _________________________
How many hotel stays are expected? If none, answer N/A: ____________
Total event/program budget: _______________________
*Please attach the budgeted and actual costs for the event/program the last 2 years.
Who is served by your event or program (Age range, profession, etc.)? _______________________________
2
Council Agenda Item
October 28, 2019
8 (a)Receive report of the La Porte Development Corporation Board Meeting Councilmember Nancy
Ojeda
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