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HomeMy WebLinkAbout04-12-21 McLarrin swornLOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilmember At Large A BRENT Mc CAULLEY Councilmember At Large B TREY KENDRICK Councilmember District 1 CITY COUNCIL MEETING AGENDA CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 BILL BENTLEY Councilmember District 3 THOMAS GARZA Councilmember District 4 JAY MARTIN Councilmember District 5 NANCY OJEDA Councilmember District 6 Notice is hereby given of a regular meeting of the La Porte City Council to be held April 12, 2021, beginning at 6:00 pm in the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. Social distancing protocols will be in effect in the Council Chambers. Remote participation is available, also. Attend via a screen using this link: https://us02web.zoom.us/j/86165411684?pwd=bHhvektlQWlvbnJ4WnpkUkJQd2FIdzO9 Join by phone at 877 853 5257 or 888 475 4499. The meeting ID is 861 6541 1684. The passcode is 302849. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Clark Askins, Assistant City Attorney. PLEDGES — Will be led by Councilperson Trey Kendrick. U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS (a) Presentation - Administer Oath of Office to newly elected Councilperson Robbie McLarrin. [Louis R. Rigby, Mayor] (b) Recognition in appreciation of the service to the City of La Porte given by Councilperson Nancy Ojeda. [Louis R. Rigby, Mayor] (c) Proclamation - National Volunteer Week. [Mayor Louis R. Rigby] (d) Proclamation - National Animal Control Officers Week. [Mayor Louis R. Rigby] (e) Proclamation - National Telecom municators Week. [Mayor Louis R. Rigby] (f) Proclamation - Crime Victim's Rights Week. [Mayor Louis R. Rigby] (g) Recognition - Retirement of Sgt. Richard Ayers. [Mayor Louis R. Rigby] (h) Presentation and update on the La Porte Independent School District. [Dr. Walter Jackson, Superintendent of Schools] 4. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 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 March 22, 2021, City Council regular meeting. [Louis R. Rigby, Mayor] (b) Approve the appointment of Brent McCaulley to an open position on the La Porte Development Corporation Board of Directors. (c) Adopt Ordinance 2021-3821 for the purpose of vacating, abandoning, and closing a portion of the North 1st Street right-of-way situated between North J Street and Reserve A, Block 1 of La Porte Landfill, and a portion of the North J Street right-of-way situated between North 21d Street right-of-way and an abandoned section of North J Street right-of-way, and authorizing the execution and delivery of a deed to the adjoining landowner. [Ian Clowes, City Planner] (d) Adopt Resolution 2021-38 authorizing the submission of an application to the Texas General Land Office for a Texas Community Development Block Grant - Mitigation grant, for drainage infrastructure. [Ray Mayo, Director of Public Works] (e) Approval or other action to authorize execution of an interlocal agreement between Harris County and the City of La Porte for the Fairmont Parkway Signalization Project, in the amount of $1,000,000.00 [Ray Mayo, Director of Public Works] (f) Approve Resolution 2021-39 to suspend the effective date proposed by CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program for 45 days, and authorize the City's participation in a coalition of cities known as the "Texas Coast Utilities Coalition" ("TCUC") of cities. [Jason Weeks, Assistant City Manager] (g) Award Bid #21009 to Turner Power & Construction, LLC in the amount of $390,683.00, for the Northwest Park Soccer Field Lighting Renovation Project, with a contingency amount of $39,068.00, for a total authorization of $429,751.00 [Rosalyn Epting, Director of Parks & Recreation] (h) Approve the three- (3-) year contract renewal with AT&T for internet services and upgrade to existing internet system. [Grady Parker, IT Manager] 6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) The City Council will hold a public hearing to receive comment regarding the advisability of the creation of a Public Improvement District to make certain improvements over certain property located on +/- 56.7 acres at the corner of Wharton Weems Boulevard and State Highway 146 Frontage Road within the corporate limits of the City of La Porte, Texas. [Corby Alexander, City Manager] 7. STATUTORY AGENDA (a) Presentation, discussion, and possible action on the evaluation criteria for an RFP for Delinquent Ad Valorem Tax Collection Services. [Michael Dolby, Finance Director] 8. REPORTS (a) Receive report on the Drainage and Flooding Committee meeting. [Councilperson Jay Martin] 9. ADMINISTRATIVE REPORTS • City Council Budget Retreat, April13 • La Porte Development Corporation Board meeting, April 26 • Planning and Zoning Commission meeting, April 15 • Zoning Board of Adjustment meeting, April 22 • City Council meeting, April 26 10. COUNCIL COMMENT Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. 11. EXECUTIVE SESSION (a) Texas Government Code Sec. 551.087 - Deliberation regarding economic development negotiations: Meet with City Manager to discuss financial information received from, and offer of financial incentive to, business prospect seeking to develop property within the City limits. 12. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. 13. ADJOURN If, during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive Session of the Council is required, then such closed meeting will be held as authorized by Texas Government Code, Chapter 551, Section 551.071 - consultation with counsel on legal matters; Section 551.072 - deliberation regarding purchase, exchange, lease or value of real property; Section 551.073 - deliberation regarding a prospective gift; Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; Section 551.076 - implementation of security personnel or devices; Section 551.087 - deliberation regarding economic development negotiation; Section 551.089 - deliberation regarding security devices or security audits, and/or other matters as authorized under the Texas Government Code. If a Closed or Executive Session is held in accordance with the Texas Government Code as set out above, the City Council will reconvene in Open Session in order to take action, if necessary, on the items addressed during Executive Session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (281-470-5019), two working days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non -emergency basis, members may attend and participate in the meeting remotely by video conference.Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. I, Lee Woodward, City Secretary, do hereby certify that a copy of the April 12, 2021, City Council agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. DATE TIME TAKEN DOWN Lee Woodward, City Secretary Presentation will be presented at meeting. Presentation will be presented at meeting. rortamatton Office of the favor 1HEREAS, the entire community can inspire, equip, and mobilize people to take action that changes the world; nd WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, during this week all over the nation volunteers will be recognized for their commitment to service; and WHEREAS, our La Porte Citizen Police Academy Alumni Association provided 1,164 hours of volunteer service to the City of La Porte last year, making possible countless meaningful community initiatives; and WHEREAS, these volunteers are recognized as a great treasure to our community and an essential part of our future as a caring and productive city; and NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 18 through 24, 2021, as pational Volunteer Veep In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of April, 2021. CItp of la Porte Louis R. Rigby, Mayor tortamatton Office of toe '41 por IHEREAS, the National Animal Control Association has designated the second week of April each year as Animal . ontrol OfficerAppreciation Week; and WHEREAS, federal, state, and local government officials throughout the country take this time to recognize, thank, and commend all Animal Control Officers and staff for the dedicated services they provide to various public safety and public service agencies and departments across the country; and WHEREAS, the City of La Porte Animal Control Officers and staff provide outstanding service on a daily basis to the residents of the City; and WHEREAS, Animal Control Officers and staff devote many long hours of service to this community and fulfill the Animal Control Department's commitment to providing the highest and most efficient levels of customer service; and WHEREAS, the service provided by the Animal Control Officers and their staff is in keeping with the long and distinguished tradition of the animal control profession. Now, Therefore, I, Louis R. Rigby, Mayor, along with members of the La Porte City Council, proudly proclaim April 11 through 17, 2021, as ,Pational Animal (Control Officers Appreciation Veep In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 121" day of April, 2021. CCttp of 7a J)Drte Louis R. Rigby, Mayor rortamatton Office of the favor /HEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and /HEREAS, when an emergency occurs, the prompt response of the police officers, firefighters, and paramedics is the protection of life and preservation of property; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained from citizens who telephone the La Porte police and fire communications center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers, firefighters, and paramedics by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Dispatchers of the La Porte Police Department have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 11 through 17, 2021, as Pational Public *afetp-Telecommunicatorg Veep In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of April, 2021. QCitp of la Porte Louis R. Rigby, Mayor tortamatton Office of the favor 1HEREAS, the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels iat establish essential rights for victims and similar acts here in Texas and at the federal level have provided victims ith ways to participate meaningfully throughout the criminal justice process; and WHEREAS, the rights of crime victims are best protected when all participants in the criminal justice process — not only victims — are appropriately educated about victims' rights; and WHEREAS, supporting the victims of crime is crucial to the U.S. justice system because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self -defined goals; and WHEREAS, the accomplishments of the victims' rights movement - achieved through compassion and collaboration, and built on the courageous advocacy of individual victims and their families across the country - inspire in us hope for future progress and greater healing; and WHEREAS, National Crime Victims' Rights Week provides an opportunity to recommit to ensuring that accessible, appropriate, and trauma -informed services are offered to all victims of crime; and WHEREAS, the City of La Porte is hereby dedicated to strengthening victims and survivors in the aftermath of crime; helping victims find not only support, recovery, and justice, but also a sense of hope for their futures; building resilience in our communities and our victim service providers; and bringing hope and healing to all victims and survivors; NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim April 18 through 24, 2021, as Pationat (Crime Virtim 5 RigOt5 Veep In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 12th day of April, 2021. CCttp of la J)oCte Louis R. Rigby, Mayor Sergeant Richard Ayers La Porte Police Department Sergeant Richard Ayers is a native Texan, born in Harris County and currently a resident of La Porte. He Graduated Pasadena High School 1979 and received his Associate of Applied Science Degree in Law Enforcement and Law Enforcement Certificate of Technology from San Jacinto Junior College in 1983. Sergeant Ayers began his Law Enforcement Career with the La Porte Police Department in April of 1985 and promoted to Sergeant August 22, 2008. He has served in the patrol division, working all areas and patrol shifts. He has been a Field Training Officer, teaching new officers procedures, policies, and how to work safely. He also was a Drug Abuse Resistance Education (D.A.R.E.) Instructor, who taught many La Porte students from 1990 to 2003. For many years he was assigned to the Support Services Division and was a Certified Crime Prevention Specialist and a State Licensed Police Instructor. Sergeant Ayers is retiring as a Sergeant in the Patrol Division of the Police Department. We wish him many wonderful years in his retirement and hope this provides him valuable time with his wife Carol and their two children. n. LOUIS R. RIGBY Mayor BRANDON LUNSFORD Councilmember At Large A BRENT Mc CAULLEY Councilmember At Large B TREY KENDRICK Councilmember District 1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE MARCH 22, 2021 CHUCK ENGELKEN Mayor Pro Tem, Councilperson District 2 BILL BENTLEY Councilmember District 3 THOMAS GARZA Councilmember District 4 JAY MARTIN Councilmember District 5 NANCY OJEDA Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, March 22, 2021, 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, Brandon Lunsford, Brent McCaulley, Chuck Engelken, Bill Bentley, Thomas Garza (left at 6:06 p.m.), Jay Martin, Nancy Ojeda Councilpersons attending remotely: None Councilpersons absent: Trey Kendrick Council -appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins, Assistant City Attorney fimrsynPmiiexeiam]=I:a IF4lema:1e7sm. Iwemm - mo - - It : ev :[�ii<:�[iI� . u 2. INVOCATION — The invocation was given by Rev. Dee Spears, and pledges were led by Mayor Pro Tern Chuck Engelken. Mayor Rigby reminded Councilperson Garza that the Council's adopted Rules of Procedure required Councilpersons to wear a mask during Council meetings. The Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to his office in City Hall. The Mayor asked the Sergeant -at -Arms to remove Councilperson Garza. Councilperson Garza moved that the Council oppose the Mayor's direction, which he termed as illegal. The motion did not receive a second and was not considered. Councilperson Garza was escorted from the room. 3. PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a. Proclamation in recognition of the Southeast Harris Community Coalition of Bay Area Council on Drugs and Alcohol and the Youth Advisory Council "Pathfinders" at Academy of Viola DeWalt High School for participating in efforts to educate students for National Drug and Alcohol Facts Week. [Louis R. Rigby, Mayor] b. Recognition of City employees for years of service. [Louis R, Rigby, Mayor] 4. CITIZEN COMMENT (Generally limited to five minutes perperson; in accordance with state law, the time maybe reduced if there is a high number of speakers or other considerations.) Pastor Philip Dunn introduced a group of musicians who performed a bluegrass tune. David Worden spoke in opposition to his arrest over the weekend. 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 March 8, 2021, City Council meeting. [Mayor Louis R. Rigby] Page 1 of 3 March 22, 2021, Council Meeting Minutes b. Authorize the City Manager to execute a contract with Records Consultants, Inc. (RCI) to provide electronic document management services as quoted in Quote #625-20 under BuyBoard Contract #625-20, in an amount not to exceed $120,000.00. [Gladis Sanchez, Open Government Analyst] c. Approve Resolution 2021-37 amending the authorized Investment Representatives for the City of La Porte. [Shelley Wolny, Assistant Director of Finance] d. Presentation, discussion, and possible action to approve a request for sponsorship by the La Porte Education Foundation for their annual golf tournament. [Jason Weeks, Assistant City Manager] Mayor Pro Tern Engelken moved to approve the consent agenda; the motion was seconded by Councilperson Oieda; the motion was adopted, 7-0. STATUTORY AGENDA a. Presentation, discussion, and possible action to accept the City of La Porte Fiscal Year Ending September 30, 2020, Annual Comprehensive Financial Report. [Michael Dolby, Finance Director] Lupe Garcia, Engagement Audit Partner, offered the report on behalf of the Whitley Penn external audit team. The City received a clean report/unmodified opinion on the federal single audit. Mayor Pro Tern Engelken moved to accept the City of La Porte Fiscal Year Ending September 30, 2020, Annual Comprehensive Financial Report; the motion was seconded by Councilperson Oieda; the motion was adopted, 7-0. b. Presentation, discussion, and possible action to provide administrative staff direction on how to proceed with an agreement with the Association of Bayport Companies for area located within the Bayport Industrial District for the City of La Porte EMS to provide EMS coverage for the period from October 1, 2020, through September 30, 2023. [Jason Weeks, Assistant City Manager] Councilperson Bentley moved to siqn the original contract; the motion was seconded by Mayor Pro Tern Engelken; the motion was not adopted, 2-5, Councilperson Bentley and Mayor Pro Tern Engelken votinq in support. Councilperson McCaulley moved to direct staff to brinq a multi -year adjustable agreement as presented in the agenda packet; the motion was seconded by Mayor Pro Tern Engelken; the motion was adopted 6-1, Councilperson Bentley voting against. REPORTS a. Receive report on the Fiscal Affairs Committee meeting. [Mayor Pro Tern Chuck Engelken] Mayor Pro Tern Engelken said the Committee had received the purchasing card and investment reports, as well as the annual audit report. b. Receive report on the La Porte Development Corporation Board meeting. [Council person Nancy Ojeda] Councilperson Ojeda reported the Committee met, approved extending the dates for the performance measures for 101 West Main project, denied a request for additional funding for the same, and set the next meeting for April 26. ADMINISTRATIVE REPORTS • Zoning Board of Adjustment meeting, March 25 • Drainage and Flooding Committee meeting, April 12 • City Council meeting, April 12 • Planning and Zoning Commission meeting, April 15 • Zoning Board of Adjustments meeting, April 22 • City Council meeting, April 26 City Manager Corby Alexander said there were no reports. Page 2 of 3 March 22, 2021, Council Meeting Minutes 9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated the employees recognized for service and the students receiving the proclamation this evening; thanked the Finance, IT, EMS, Emergency Management, and Parks Departments for their hard work recently; shared appreciation of and support for the Police Department; congratulated Phyllis Rinehart on her retirement; thanked Pastor Dunn for the special entertainment; and thanked the school district for the event honoring achievement and recognition. 10. EXECUTIVE SESSION (a) Texas Government Code, Section 551.074 - Personnel Matter: Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless the officer or employee requests a public hearing: Clark Askins, Assistant City Attorney. The Council convened into executive session at 6:57 p.m. 11. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session. The Council reconvened in open session at 7:57 p.m. and took no action. ADJOURN — Without objection, the Council adjourned at 7:58 p.m. Lee Woodward, City Secretary Page 3 of 3 March 22, 2021, Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Brent McCaulley Department: City Council • Report Resolution Ordinance Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: �' Yes No SUMMARY & RECOMMENDATION Per the bylaws for the City of La Porte's Development Corporation, members of the Board of Directors are appointed by the City Council. Recently a position was vacated due to a member's resignation. The Board has seven positions, at least three of whom shall be persons who are not employees, officers, or members of the governing body of the City of La Porte, Texas. Currently, of the six filled positions, Mayor Pro Tem Engelken and Councilperson Ojeda are the only members who are officers of the governing body as of the date this agenda is posted. Brent McCaulley has volunteered for the remainder of the open term, which expires August 31, 2022. ACTION REQUIRED BY CITY COUNCIL Consider the appointment of Brent McCaulley to an open position on the La Porte Development Corporation Board of Directors. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Ian Clowes, City Planner Department: Planning & Development Report Resolution Ordinance Exhibits: Ordinance 2021-3821, Deed, Area Map, Appraisal Summary Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes (--; No SUMMARY & RECOMMENDATION The City of La Porte Planning & Development Department received an application from Justin Bennett, on behalf of 1117 N. Broadway, LLC to vacate, abandon and close a portion of the North 1st Street right-of-way situated between North J Street and Reserve A, Block 1 of La Porte Landfill and a portion of the North J Street right-of-way situated between North 2nd Street right-of-way and an abandoned section of North J Street right-of-way, adjacent to the property legally described as Lots 1-16 & 28, Block 375, La Porte Subdivision. The abandonment process requires that all adjacent property owners either participate in the closure or sign away rights to their portion of the proposed closure. La Porte Real Property, LLC, the only other adjacent property owner, decided not to participate in Mr. Bennett's request and has authorized conveyance of their portion of the described North 1st Street and North J Street rights -of -way. The total area of the requested closure is 50,080 square feet. The area to be closed and abandoned will be incorporated into the existing development to the east and north. Staff have determined that there are no City or franchised utilities existing within the right- of-way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have all provided letters of no objection to the proposed right-of-way closure. Sections 62-32 of the City's Code of Ordinances requires the city obtain an appraisal of any subject right-of-way proposed for closure. The applicant requested closure of adjacent right-of-way (North J St.) in December of 2020. Staff agreed that the appraisal conducted at that time would be sufficient for the current proposed closure. A copy of the North J St. appraisal summary has been included in the packet. The appraisal report for North J St. established a value of $2.50 per square foot. The applicant has submitted payment in the amount of $125,200 (50,080 sq. ft. x $2.50) to the City for the final purchase of the right-of-way. These funds are being held in escrow subject to final consideration and action by City Council. Staff recommends City Council approve street and alley closure request #21- 25000001, vacating, abandoning and closing a portion of the North 1st Street right-of- way and a portion of the North J Street right-of-way situated between North 2nd Street right-of-way and an abandoned section of North J Street right-of-way. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2021-3821 for street and alley closure request #21- 25000001, vacating, abandoning and closing a portion of the North 1st Street right-of-way situated between North J Street and Reserve A, Block 1 of La Porte Landfill and a portion of the North J Street right-of-way situated between North 2►,d Street right-of-way and an abandoned section of North J Street right-of-way, and authorizing the execution and delivery of a deed to the adjoining landowner. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date ORDINANCE NO.2021-3821 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE PORTION OF THE NORTH 1ST STREET RIGHT-OF-WAY SITUATED BETWEEN NORTH J STREET AND RESERVE A, BLOCK 1, LA PORTE LANDFILL, AND THE PORTION OF THE NORTH J STREET RIGHT-OF-WAY SITUATED BETWEEN THE NORTH 2ND STREET RIGHT- OF-WAY AND AN ABANDONED SECTION OF THE NORTH J STREET RIGHT-OF- WAY, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of the property abutting the portion of North 1st Street right-of-way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of-way situated between the North 2nd Street right-of-way and an abandoned section of the North J Street right-of-way, to vacate, abandon and close 28,800 square feet of said rights -of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the portion of North 1st Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of- way situated between the North 2nd Street right-of-way and an abandoned section of North J Street right-of-way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the portion of North 1st Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of-way situated between North 2nd Street right-of-way and an abandoned section of the North J Street right-of-way is for the protection of the public and for the public interest and benefit, and that the portion of North 1st Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of-way situated between North 2nd Street right- of-way and an abandoned section of North J Street right-of-way, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas Local Government Code, the portion of the North 1st Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of-way situated between the North 2nd Street right-of-way and an abandoned section of the North J Street right-of-way are hereby permanently vacated, abandoned, and closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit "A" incorporated herein, and further described to wit: BEING A TRACT OR PARCEL CONTAINING 1.1497 OF AN ACRE OR 50,080 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, BEING A PORTION OF NORTH "J" STREET (80' R.O.W.) AND NORTH 1ST STREET (60' R.O.W.) AS RECORDED UNDER VOL. 83, PG. 345, OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.}, WITH SAID 1.1497 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, 2 WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE (NAD 83 } : BEGINNING AT A CAPPED 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.} LINE OF SAID NORTH "J" STREET AND THE EAST R.O.W. LINE OF NORTH 2ND STREET (60' R.O.W.} AS RECORDED UNDER VOL. 83, PG. 345, H.C.M.R.. MARKING THE SOUTHWEST CORNER OF LOT I, BLOCK I, GULF WINDS SUBDIVISION, AS RECORDED UNDER FILM CODE (F.C.I NO. 611247, H.C.M.R. AND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE COMMON LINE OF SAID LOT I, BLOCK I AND THE NORTH R.O.W. LINE OF SAID NORTH "J" STREET, A DISTANCE OF 326.00 FEET, TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, OVER AND ACROSS SAID NORTH "J" STREET, PASSING AT A DISTANCE OF 80.00 FEET, A CAPPED 5/B INCH IRON ROD STAMPED "WINDROSE" FOUND FOR THE NORTHWEST CORNER OF BLOCK 375, LA PORTE, AS RECORDED IN VOL. 83, PG. 345, H.C.M.R. AND CONTINUING FOR A TOTAL DISTANCE OF 480.00 FEET, TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND ON THE NORTH LINE OF RESTRICTED RESERVE "A", BLOCK I, LA PORTE LANDFILL. AS RECORDED UNDER F.C. NO. 664043, H.C.M.R. FOR THE SOUTHWEST CORNER OF SAID BLOCK 375 AND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTH LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 60.00 FEET. TO THE WEST R.O.W. LINE OF SAID NORTH 1ST STREET, AN INTERIOR CORNER OF SAID RESTRICTED RESERVE "A" AND FOR AN ANGLE POINT OF THE'HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE COMMON LINE OF SAID RESTRICTED RESERVE "A" AND SAID NORTH 1ST STREET, A DISTANCE OF 400.00 FEET, TO THE INTERSECTION OF THE WEST R.O.W. LINE OF SAID NORTH 1ST STREET AND THE SOUTH R.O.W. LINE OF NORTH "J" STREET, A NORTHEAST CORNER OF SAID RESTRICTED RESERVE "A" AND FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST. ALONG THE COMMON LINE OF SAID RESTRICTED RESERVE "A" AND SAID NORTH "J" STREET, A DISTANCE OF 266.00 FEET, TO AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH "J" STREET, A DISTANCE OF 80.00 FEET, TO THE PLACE OF BEGINNING AND CONTAINING 1.1497 OF AN ACRE OR 50,080 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 55746-ADD-ABDN, AS PREPARED BY WINDROSE LAND SERVICES. 3 Section 2. That the abandonment, vacation and closure provided for herein is made and accepted subject to all present zoning and deed restrictions if the latter exist, and all easements, whether apparent or non -apparent, aerial, surface or underground. Section 3. That the abandonment, vacation and closure provided for herein shall extend only to the public right, title, easement and interest and shall be construed to extend only to that interest which the governing body for the City of La Porte may legally and lawfully abandon, vacate and close. Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without Warranty to the abutting owner upon completion of all conditions and requirements set forth in this Ordinance. Section 5. That the abutting property owner shall pay all costs associated with procedures necessitated by the request to abandon the portion of the North lst Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and a portion of the North J Street right-of-way situated between the North 2nd Street right- of-way and an abandoned section of the North J Street right-of-way, as described in this Ordinance, plus compensation for the market value of such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. El PASSED AND APPROVED THIS 1211 day of April 2021. ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark Askins, Assistant City Attorney DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: APRIL 12, 2021 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: 1117 N. Broadway, LLC Mailing Address: 3900 ESSEX LN, STE 400, HOUSTON, TX, 77027 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): Being the portion of the North 1st Street right of way situated between North J Street and Reserve A, Block 1, La Porte Landfill, and the portion of the North J Street right-of-way situated between the North 2nd Street right-of-way and an abandoned section of the North J Street right-of-way, and containing a cumulative total of 1.1497 acres, and be more fully described as follows: BEING A TRACT OR PARCEL CONTAINING 1.1497 OF AN ACRE OR 50,080 SQUARE FEET OF LAND SITUATED IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, HARRIS COUNTY, TEXAS, BEING A PORTION OF NORTH "J" STREET (80' R.O.W.) AND NORTH 1ST STREET (60' R.O.W.) AS RECORDED UNDER VOL. 83, PG. 345, OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.1, WITH SAID 1.1497 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE (NAD 831: BEGINNING AT A CAPPED 3/8 INCH IRON ROD FOUND AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.} LINE OF SAID NORTH "J" STREET AND THE EAST R.O.W. LINE OF NORTH 2ND STREET (60' R.O.W.} AS RECORDED UNDER VOL. 83, PG. 345, H.C.M.R .. MARKING THE SOUTHWEST CORNER OF LOT I, BLOCK I, GULF WINDS SUBDIVISION, AS RECORDED UNDER FILM CODE (F.C.} NO. 611247, H.C.M.R. AND FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 86 DEG. 57 MIN. 37 SEC. EAST, ALONG THE COMMON LINE OF SAID LOT I, BLOCK I AND THE NORTH R.O.W. LINE OF SAID NORTH "J" STREET, A DISTANCE OF 326.00 FEET, TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03 DEG. 02 MIN. 23 SEC. EAST, OVER AND ACROSS SAID NORTH "J" STREET, PASSING AT A DISTANCE OF 80.00 FEET, A CAPPED 5/13 INCH IRON ROD STAMPED "WINDROSE" FOUND FOR THE NORTHWEST CORNER OF BLOCK 375, LA PORTE, AS RECORDED IN VOL. 83, PG. 345, H.C.M.R. AND CONTINUING FOR A TOTAL DISTANCE OF 480.00 FEET, TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND ON THE NORTH LINE OF RESTRICTED RESERVE "A", BLOCK I, LA PORTE LANDFILL. AS RECORDED UNDER F.C. NO. 664043, H.C.M.R. FOR THE SOUTHWEST CORNER OF SAID BLOCK 375 AND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST, ALONG THE NORTH LINE OF SAID RESTRICTED RESERVE "A", A DISTANCE OF 60.00 FEET. TO THE WEST R.O.W. LINE OF SAID NORTH IST STREET, AN INTERIOR CORNER OF SAID RESTRICTED RESERVE "A" AND FOR AN ANGLE POINT OF THE'HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, ALONG THE COMMON LINE OF SAID RESTRICTED RESERVE "A" AND SAID NORTH 1 ST STREET, A DISTANCE OF 400.00 FEET, TO THE INTERSECTION OF THE WEST R.O.W. LINE OF SAID NORTH 1ST STREET AND THE SOUTH R.O.W. LINE OF NORTH "J" STREET, A NORTHEAST CORNER OF SAID RESTRICTED RESERVE "A" AND FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 86 DEG. 57 MIN. 37 SEC. WEST. ALONG THE COMMON LINE OF SAID RESTRICTED RESERVE "A" AND SAID NORTH "J" STREET, A DISTANCE OF 266.00 FEET, TO AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 03 DEG. 02 MIN. 23 SEC. WEST, OVER AND ACROSS SAID NORTH "J" STREET, A DISTANCE OF 80.00 FEET, TO THE PLACE OF BEGINNING AND CONTAINING 1.1497 OF AN ACRE OR 50,080 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 55746-ADD-ABDN, AS PREPARED BY WINDROSE LAND SERVICES. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded. Attest: Lee Woodward City Secretary Approved as to form: Clark T. Askins Assistant City Attorney City of LaPorte, Texas Un Corby D. Alexander City Manager STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on day of April, 2021, by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C. P.O. Box 1218 P.O. Box 1218 La Porte, TX 77572-1218 LaPorte, TX 77572-1218 pop �r- ' North J Street do ` AIL- a- c�.zr*,�-� ' t - . •, -�"�T9 � � � � � �_'� Ali i 7 V — •&X4P , 10 North 1st Street L 1 f. L�,�• Ho MI 1113 ROW CLOSURE SAC #21-2S00000 N. I st and N. J St. ROW Legend Proposed ROW Closure This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries 1 inch = 167 fee APRIL 2021 PLANNING DEPARTMENT R.C. Chuoke & Associates, Inc. Appraisers & Consultants P.O. Box 1447 League City, Texas 77574 December 10, 2020 City of La Porte P.O. Box 1115 LaPorte, Texas 77572 Office- 281-338-9633 Fax- 281-338-9533 RE: Restricted Appraisal regarding the estimated Market Value of portions of North J Street and 16 foot alleyway both unopened right of ways situated between North Broadway and North 1st Street, La Porte, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating the Market Value following described property as of the date of this Restricted Appraisal. As per our agreement, the data and analysis is presented in an abbreviated Restricted Appraisal format and is not intended to contain the full analysis. BRIEF LEGAL DESCRIPTION OF PROPERTY Known as +-0.4885 acres of land out of a portion of North "J" Street right of way and +-0.1469 acres of land which is a 16' alleyway out of Block 375, t, both being unopened right of ways between North Broadway and North 1st Street located in the City of La Porte, Harris County, Texas. (See attached surveys located in the addenda). I hereby certify that I have personally inspected the property described via a street inspection and that all data gathered by my investigation is from sources believed reliable and true. In preparing this Restricted Appraisal, a study of comparable sales and other related market data was performed. Per instructions from the client the market value indicated reflects the unit value of the subject property before any discounting for use as a public right of way application. This market value indication does not reflect any discounting for use as a public right of way. .....Page 2 Continued...... It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal format and is subject to the preparation of a detailed appraisal report. The subject property consist of two (2) tracts of land. The North J Street ROW is described by the survey as a total of +-0.4885 acres or 21,280 square feet of land area located on the north line of Block 375 of La Porte. This tract consists of an unopened portion of the North J Street right of way which is 80' X 266' in dimension. The additional tract of land consists of a 16 foot wide alleyway situated in Block 375 of La Porte which has dimensions of 16' X 400'. This tract contains 0.1469 acres or 6,400 square feet. The total land area for both parcels is a total of +- 0.635 acres or 27,680 square feet of land area. Both right of ways are located north of Barbour's Cut Blvd and east of State Highway 146 in north La Porte. The subject site is generally flat and level in terms of topography. It is not located in the 100 year flood plain. Adjacent property uses consist primarily of light industrial property uses. The adjacent and nearby properties are zoned for light industrial and business industrial use by the City of La Porte. The Highest and Best Use of the subject property is determined to be for use either for a street right of way or alleyway, however it may have an alternative use by adjacent property owners due to its configuration. The client and intended user of this appraisal is the City of La Porte only. The intended use is to estimate the current market value of the subject property of this analysis as described above for use in establishing a market value for the subject property by the client. There has been no transfer of the subject property noted for the past 36 months per appraisal district records. The effective date of the appraisal is December 10, 2020 and last site inspection is December 16, 2019. The date of the report is December 2, 2020. The estimated exposure time is up to 24 months. Other sales of generally similar properties in the subject neighborhood were researched that had locations that range from primary to secondary type roadways. A unit value range of between $2.00 PSF to over $8.00 PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.50 PSF before any additional discounting by the "City". .....Page 3 Continued..... Therefore the unit market value of the subject tract is estimated at $2.50 PSF which is based on 100% fee simple ownership with no discounting applied for use as a public right of way. The total value (both tracts) indication is calculated as follows. +-0.635 Acres or 27,680 SF X $2.50 PSF = $69,200 Respectfully Submitted, Chris Chuoke, President R.C. CHUOKE & ASSOCIATES, INC. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Ray Mayo, Director Department: Public Works • Report Resolution Ordinance Exhibits: Draft Resolution 2021-38 and CDBG-MIT Grant Application Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: $0 Amount Requested: $0 Budgeted Item: t Yes f*' No SUMMARY & RECOMMENDATION The United States Department of Housing and Urban Development (HUD) allocated $4,297,189,000 in Community Development Block Grant (CDBG) - Mitigation (MIT) funding to the state of Texas through their notice published in the Federal Register, 84 FR 45838 (August 30, 2019). The CDBG-MIT represents an opportunity to fund strategic and high -impact activities to mitigate disaster risks identified by a community and reduce future losses in those areas. In a letter dated June 22, 2020, the City of La Porte was invited to apply for supplemental CDBG-MIT funding for Drainage Project DR-4332-271 (Brookglen Subdivision Drainage Improvements Project), previously submitted to the Texas Division of Emergency Management (TDEM) as part of the Hazard Mitigation Grant Program (HMGP). The City's TDEM application requested funding for $4,000,000.00 for an anticipated project scope related to channel improvements along the B112-00- 00 Channel. The 2009 City-wide Drainage Study identifies the Brookglen subdivision as an area with significant drainage/flooding problems, attributed to a mixture of inadequate sewerage and insufficient channel capacity within the B112-00-00 Channel. The combination of various improvements recommended within the City-wide Drainage Study are aimed at reducing the flood risk within the Brookglen area. In order to provide the downstream improvements necessary to mitigate impacts of future drainage improvements within the Brookglen subdivision, the potential scope of work within the TDEM application was intended to be limited to B112-00-00 channel improvements. Since then, HCFCD has initiated a drainage improvement project, providing additional detention capacity, thereby allowing for local improvements to be made within the Brookglen subdivision. As a result, the CDBG-MIT project scope is revise is intended to provide overland sheet flow paths and increase the storm sewer collection system capacity to provide a level of service to accommodate the Atlas-14 100-year rain event. Potential improvements include: increasing storm sewer pipe capacity and level of service from a 3-year rain event, to the Atlas-14 100-year rain event by replacing approximately 7000 LF of storm sewer pipe (various sizes, 24" - 54"); replacing the existing 3-foot wide inlet openings with inlets having a minimum opening of 5-feet; creating overland sheet flow path(s) by reconstructing/regrading approximately 46,700 SY of concrete paving within the project area bounded by: Fairbrook Lane to the south; Willowspring Creek to the west; CenterPoint Energy powerline corridor to the north; and Gladwyne Lane to the east. The estimated total project cost is $11,400,010. Currently, the Brookglen Drainage Improvement project has a total project allocation of $2,775,000, which was prefunded within the City's FY19, FY20, and FY21 budgets. The project is intended to continue to be prefunded until the total anticipated project cost is amassed, including all funding sources. The City's CDBG-MIT application requests $4,000,000 in grant funding, which is consistent with the previous TDEM application request, leaving approximately $7,400,000 to be funded using local funds. Additionally, staff has submitted a partnership application to Harris County Precinct 2, requesting that the Precinct participate in a 50/50 cost -sharing agreement for the Brookglen project. If awarded both CDBG-MIT funding and Precinct 2 funding, the City and Precinct would split the project cost(s) not covered by the CDBG-MIT funds. The application protocol for the CDBG-MIT Program requires applicants to submit certification, such as a resolution to authorize the submission of the application for grant funds. The resolution identifies the Mayor and City Manager as "Chief Executive Officer" and "Authorized Representative" as signatory to act in all matters of the CDBG- MIT Program. Benefits: • Grant funds could offset City's project related expenses • Project focuses on the Drainage Committee's top prioritize project • Consistent with priorities identified within the Harris County Multi -Hazard Mitigation Action Plan • The City's Comprehensive Plan - 2018 Five Year Update prioritized twelve actions, with Infrastructure and Drainage Improvements listed as the top priorities. Liabilities: • Improvements are not fully funded. Not applying would further delay ability to fully fund the project. • Flood risk reduction is further delayed. ACTION REQUIRED BY CITY COUNCIL Approve Resolution 2021-38 to authorize the submission of an application to the Texas General Land Office (GLO) for a Texas Community Development Block Grant - Mitigation (CDBG-MIT) grant. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION 2021-38 A RESOLUTION OF THE CITY COUNCIL OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) RELATED TO HURRICANE HARVEY DISASTER RECOVERY EFFORTS IN RESPONSE TO THE SEVERE STORM AND FLOODING EVENTS FROM AUGUST 24, 2017, THORUGH AUGUST 29, 2017, UNDER FEMA DISASTER DECLARATION NO. 4332 (DR-4332); AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION (CDBG-MIT) HAZARD MITIGATION SUPPLEMENTAL PROGRAM. WHEREAS, Hurricane Harvey (DR-4332) severely impacted the City of La Porte from August 24, 2017, through August 29, 2017; and WHEREAS, the City of La Porte desires to initiate long-term recovery efforts and address certain conditions which represent a threat to the public health and safety; and WHEREAS, the City of La Porte desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and WHEREAS, the City of La Porte aims to affirmatively further Fair Housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; and WHEREAS, it is necessary and in the best interests of the City of La Porte to apply for funding under the Texas Community Development Block Grant -Disaster Recovery Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LA PORTE, TEXAS: SECTION 1. That a Texas Community Development Block Grant -Mitigation Program application for the Hazard Mitigation Supplemental fund is hereby authorized to be filed on behalf of the City of La Porte with the Texas General Land Office for disaster mitigation efforts. SECTION 2. That the projects detailed within the application will address streets, drainage, and water system improvements which were compromised and failed to function during Hurricane Harvey, thereby placing undue and certain health and safety risks on residents. SECTION 3. That the application be for $4,000,000.00 of grant funds to provide enhancements to the proposed street, drainage, and water system facilities. SECTION 4. That the City Council directs and designates the Mayor and the City Manager as the City's Chief Executive Officer(s) and Authorized Representative to act in all matters in connection with this application and the City's participation in the CDBG-MIT Program. SECTION 5. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. SECTION 6. That it further be stated that the City of La Porte is committing $7,400,009.88 from its Operating Budget as a cash contribution toward the enhancements to the proposed street, drainage, and water system facilities. Passed and approved this 121h day of April, 2021 ATTEST: CITY OF LA PORTE, TEXAS Louis R. Rigby, Mayor APPROVED AS TO FORM: Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney OMB Number: 4040-0004 Fxpiration Date: 12131/2019 Application for Federal Assistance SF-424 1. Type of Submission: Preapplication ® Application Changed/Corrected Application " 2. Type of Application: ' If Revision, select appropriate letter(s): ® New 0 Continuation Other (Specify): ❑ Revision * 3. Date Received: 4. Applicant Identifier. O1/22/2021 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: B. APPLICANT INFORMATION: a. Legal Name: City of La Porte * b. Employertfaxpayer Identification Number (EINITIN): ' c. Organizational DUNS: 0108047550000 74-6001552 d. Address: *Streetl: 604 W. Fairmont Parkway Street2: " City: La Porte County/Parish: Harris * State: TX: Texas Province: *Country: USA: UNITED STATES * Zip I Postal Code: 77 571-- 6215 e. Organizational Unit: Department Name: Division Name: Administration City of La Porte f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. 'First Name: Middle Name: Lorenzo "Last Name: Wingate Suffix: Title: Assistant Director of Public Works Organizational Affiliation: Administration * Telephone Number: 281-470-5058 Fax Number: *Email: WingateL@Iaportetx.gov Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: United States Depaxtment of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.229 CFDA Title: Community Development Block Grant - Mitigation (CDBG-MIT) * 12. Funding Opportunity Number: PR-6109-N-02 * Title: Community Development Block Grant - Mitigation (CDBG-MIT) 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment T3elete Attachment 11iew.Attachment * 15. Descriptive Title of Applicant's Project: re kglen Subdivision Drainage Improvements Attach supporting documents as specified in agency instructions. Add Attachments ,; ; Delete Attachments Vrew Attachments : Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant 36 * b. Program/Project C➢i Attach an additional list of Program/Project Congressional Districts if needed. 777771 Adtl Attachment ;Delete Attachnierit View Attachment.!: 17. Proposed Project: * a. Start Date: 11/O1/2021 * b. End Date: I2 /31/2025 18. Estimated Funding ($): * a. Federal 4, 000, 000. 00 * b. Applicant 0. 00 • c. State 0. 00 * d. Local 7, 400, 009.381 * e. Other 0.00 * f. Program Income 0. 00 *g.TOTAL 11,400,009.30 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O.12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach Add Attachment Qetete Attachmer t Uievu Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances— and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® -* I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. * First Name: Louis Middle Name: * Last Name: Rigby Suffix: * Title: Mayor * Telephone Number: 281-399-3979 Fax Number: *Email: MayorsOffice@LaPorteTX.gov " Signature of Authorized Representative: * Date Signed: REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Ray Mayo, Director Department: Public Works • Report Resolution Ordinance Exhibits: Interlocal Agreement, Project Exhibit A, Project Scope and Fundinq Structure Exhibit B, HC Commissioners Court Order Appropriation Source of Funds: 015- General Fund Account Number: 015-7070-530-1100 Amount Budgeted: $1,500,000 Amount Requested: $1,000,000 Budgeted Item: Yes No SUMMARY & RECOMMENDATION The project details and funding share plan for the Fairmont Parkway Signalization Project was proposed to City Staff in 2016. The project was to be performed in two phases. Phase I included re -design of intersections, installation of new traffic signals and underground fiber optic cable along Fairmont Parkway from 7t" Street to Beltway 8. Phase 11 includes modification of traffic signals and synchronization of all traffic signals to improve traffic flow. Funds for the La Porte section of the project were budgeted in the FY 16-17 budget. The attached interlocal agreement provides a mechanism for Harris County to finalize the project, with La Porte participating with Harris County for a maximum amount of $1,000,000.00. This is equal to 14.6% of the entire project costs ($6,855,550) and 29.5% of the local share amount ($3,387,910). Additionally, Harris County is currently considering the feasibility of widening Fairmont Parkway to provide one (1) additional travel lane in each direction. The feasibility assessment is being prepared as a preliminary engineering report (PER) and is approximately eighty-five percent (85%) complete. Preliminary project costs are anticipated to range between $30,000,000 and $40,000,000. At this time, no consideration has been given to the City assisting with funding for the widening of Fairmont Parkway. Benefits: 0 Improved traffic flow • Extended left -turn lanes • Harris County maintains the improvements ACTION REQUIRED BY CITY COUNCIL Approval or other action to execute an interlocal agreement between Harris County and the City of La Porte for the Fairmont Parkway Signalization Project in amount of $1,000,000.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is entered into by and between Harris County ("County") and City of La Porte, Texas ("City") pursuant to the interlocal Cooperation Act, Tex. Gov't Code Ch. 791.001, et seq. County and City may each be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, it is to the mutual benefit of the Parties to construct traffic improvements along the Fairmont Parkway corridor between Beltway 8, in Pasadena, Texas and South 7Ih Street in LaPorte, Texas ("Project"); WHEREAS, the City has appropriated $1,000,000.00, an agreed contribution towards the cost of construction of the Project ("Initial Funding"); WHEREAS, the Project will be constructed in two phases; WHEREAS, the first phase of the Project ("Phase 1") consists of construction of intersection modifications and installation of temporary signals at the modified intersections, along Fairmont Parkway from Cunningham Drive to South 7°i Street; WHEREAS the construction of Phase 1 of the Project is substantially complete; WHEREAS, the second phase of the Project ("Phase 2") includes installation of permanent signals at various intersections, construction of new signals, signal rebuilds, signal modifications, signal timing changes, and fiber optic interconnection of the traffic signals along the Project corridor; WHEREAS, the County has entered into an Advance Funding Agreement ("AFA") with the Texas Department of Transportation ("TxDOT") for Phase 2 of the Project, under which TxDOT will be responsible for providing Federal funding for 80% of the construction cost, and the County shall be responsible for funding the remaining 20% of the construction cost ("Local Cost"); WHEREAS, Harris County Commissioners Court finds that the Project serves a public purpose. NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is agreed as follows: TERMS I. Responsibilities of the Parties A. The County has provided or caused to be provided, all engineering and related services necessary to prepare plans, specifications and estimate ("PS&E") for construction of both Phase 1 and Phase 2 of the Project, at no cost to the City. B. During construction of Phase 1 and Phase 2 of the Project, County will: i. Manage and inspect the construction of the Project; and ii. Through its contractor, construct Phase 1 of the Project in accordance with the PS&E approved by the City and Phase 2 of the Project in accordance with the PS&E approved by TxDOT. County Engineer may make minor changes in either PS&E through change(s) in contract ("CIC") that he deems necessary or desirable. C. Upon completion of construction of the Project, County shall assume Rill ownership of and responsibility for the maintenance and repair of the Project. H. Funding A. Upon execution of this Agreement by the Parties, the County will invoice the City for the Initial Funding, and the City shall remit payment to the County, in such amount, within 30 days of receipt of such invoice. B. County is not obligated to deposit the funds provided by City pursuant to this Agreement in an interest bearing account. As such, City is not entitled to receive any interest earned on such fiends. If County chooses to deposit such funds in an interest bearing account, the interest earned thereon will be retained by County. III. City's Right of Access During the construction of the Project, City will have the right of access to the construction site. City will also have the right to review all documents, maps, plats, records, photographs, reports or drawings affecting the Project. However, City shall give notice by telephone to the County Engineer prior to any inspection of either the construction site or documents. In conducting said inspections, City shall not interfere with the work in progress on the Project. IV. City's Request for Records, Right to Review and Audit A. County shall furnish to City a copy of the record drawings and specifications in connection with the Project after its receipt of a written request from City. However, County has no obligation to furnish said record drawings and specifications to City so long as any funds are owed by City to County under this Agreement. B. City and its authorized representatives have the right to review and audit all books, records, vouchers and documents of whatever nature related to County's performance under this Agreement during the period of performance of the Agreement and for three (3) years thereafter, or for so long as there exists any dispute or litigation arising from this Agreement. City is responsible for the cost of the duplication. V. Term and Termination This Agreement shall commence upon final execution by all the Parties and shall remain in full force and effect until completion of the Project, unless earlier terminated in accordance with the terms of this Agreement. This Agreement may be terminated by the County at any time, by providing thirty (30) days' written notice to the City, in which case the County shall return any unexpended or uncommitted funds previously provided by the City under this Agreement. In conjunction with the return of any unexpended or uncommitted funds County shall provide City a written accounting substantiating the use of any City funds expended by County and not returned to City. Should this Agreement be terminated, the City shall not be entitled to any payment or reimbursement of interest that may have been realized by the County on any such funds provided by the City. VI. Assignment A. Upon completion of the construction of the Project, City is assigned any rights that County may have against the contractor, the design engineer, and the surety on the contractor's performance bond, which relate to the Project. B. No Party shall make, in whole or in pant, any assignment of this Agreement or any obligation hereunder without the prior written consent of the other Party hereto. VII. Notice Any notice herein provided or permitted to be given under this Agreement ("Notice") shall be in writing and shall be duly served when it shall have been personally delivered to the address below, or deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to County or District at the following addresses:. City: City of La Porte, Texas 2963 North 23rd Street La Porte, Texas 77571 Attention: Ray Mayo, Director of Public Works Email: mayo@laportetx.gov County: Harris County Engineering Department 1001 Preston Avenue, 7th Floor Houston, Texas 77002-1893 Attention: Interagency Agreement Contract Coordinator Email: weona.dean @hcpid.org Any Notice given hereunder is deemed given upon hand delivery or three (3) days after the date of deposit in the United States Mail, Each Party shall have the right to change its respective address by giving at Ieast fifteen (15) days' written notice of such change to the other Party. Other communications, except for Notices required under this Agreement, may be sent by electronic means or in the same manner as Notices described herein. VIII. Liability of the Parties Each Party shall be responsible for all claims and liability due to the activities of the Party's employees, officials, agent or subcontractors arising out of or under this Agreement and which result from any act, error, or omission, intentional tort, intellectual property infringement, or failure to pay a vendor, committed by the Party or its employees, officials, agents, consultants under contract, or any other entity over which it exercises control. IX. Limitation of Appropriation A. City understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the County is not currently appropriating any funds for the Project. County may appropriate funds to complete the Project, but such funds shall not under any conditions, circumstances, or interpretations thereof exceed the sum certified available by the Harris County Auditor. B. City understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the Harris County Auditor to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement. C. County understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the City of La Pone Finance Director to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement. X. Miscellaneous A. Independent Parties. It is expressly understood and agreed by the Parties that nothing contained in this Agreement shall be construed to constitute or create a joint venture, partnership, association or other affiliation or like relationship between the Parties, it being specifically agreed that their relationship is and shall remain that of independent parties to a contractual relationship as set forth in this Agreement. The County is an independent contractor and neither it, nor its employees or agents shall be considered to be an employee, agent, partner, or representative of the City for any purpose. The City, nor its employees, officers, or agents shall be considered to be employees, agents, partners or representatives of the County for any purposes. Neither Party has the authority to bind the other Party. B. No Third Party Beneficiaries. This Agreement shall be for the sole and exclusive benefit of the Parties and their legal successors and assigns. The County is not obligated or liable to any party other than City for the performance of this Agreement. The City is not obligated or liable to any party other than County for the performance of this Agreement. Nothing in the Agreement is intended or shall be deemed or construed to create any additional rights or remedies upon any third party. Further, nothing contained in the Agreement shall be construed to or operate in any manner whatsoever to increase the rights of any third party, or the duties or responsibilities of County or City with respect to any third party. C. Waiver of Breach. No waiver or waivers of any breach or default (or any breaches or defaults) by either Party hereto of any term, covenant, condition, or liability hereunder, or the performance by either Party of any obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. D. No Personal Liabilit • No Waiver- of Immunity. (1) Nothing in the Agreement is construed as creating any personal liability on the part of any officer, director, employee, or agent of any public body that may be a Party to the Agreement, and the Parties expressly agree that the execution of the Agreement does not create any personal liability on the part of any officer, director, employee, or agent of the County. (2) The Parties agree that no provision of this Agreement. extends the County's or the City's liability beyond the liability provided in the Texas Constitution and the laws of the State of Texas. (3) Neither the execution of this Agreement nor any other conduct of either Party relating to this Agreement shall be considered a waiver by the County or City of any right, defense, or immunity on behalf of itself, its employees or agents under the Texas Constitution or the laws of the State of Texas. E. AppIicable Law and Venue. This Agreement shall be governed by the laws of the State of Texas and the forum for any action under or related to the Agreement is exclusively in a state or federal court of competent jurisdiction in Texas. The exclusive venue for any action under or related to the Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas. F. No Binding, Arbitration; Right to Jury Trial. The County does not agree to binding arbitration, nor does the County waive its right to a jury trial. G. Contract Construction. (1) This Agreement shall not be construed against or in favor of any Party hereto based upon the fact that the Party did or did not author this Agreement. (2) The headings in this Agreement are for convenience or reference only and shall not control or affect the meaning or construction of this Agreement. (3) When terms are used in the singular or plural, the meaning shall apply to both. (4) When either the male or female gender is used, the meaning shall apply to both. H. Recitals. The recitals set forth in this Agreement are, by this reference, incorporated into and deemed a part of this Agreement. I. Entire Agreement; Modifications. This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. This Agreement supersedes and replaces any prior agreement between the Parties pertaining to the rights granted and the obligations assumed herein. This Agreement shall be subject to change or modification only by a subsequent written modification approved and signed by the governing bodies of each Party. J. Severability. The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application thereof to any person, entity, or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons, entities, or circumstances shall not be affected thereby. K. Survival of Terms. Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. If an ambiguity exists as to survival, the provision shall be deemed to survive. L. Multiple Counterparts/Execution. This Agreement may be executed in several counterparts. Each counterpart is deemed an original and all counterparts together constitute one and the same instrument. In addition, each Party warrants that the undersigned is a duly authorized representative with the power to execute the Agreement. M. Warranty. By execution of this Agreement, the City warrants that the duties accorded to the City in this Agreement are within the powers and authority of the City. [EXECUTION PAGE FOLLOWS] HARRIS COUNTY Al Lina Hidalgo County Judge CITY OF LA PORTE, TEXAS Mayor APPROVED AS TO FORM: ATTEST CHRISTIAN D. MENEFEE County Attorney By: Christy Gilbert Assistant County Attorney CAO File No.: 18GEN1775 City Secretary APPROVED AS TO FORM: City Attorney, La Porte, Texas 17-A Fairmont Pkwv at Pecan Crossing Proposed Improvements: 1.) Proposed Signal Fairmont Pkwv at Canada Road Proposed Improvements: 1.) Signal Modification Fairmont Pkwv at Luella Blvd Proposed Improvements: 1.) Signal Rebuild 2.) Left -turn Lane Installations / Modifications Mau- 7=Faiont Pkwv at Cunningham Drive d Improvements: Signal Rebuild Left -turn Lane Installations / Modifications M Fairmont Pkwv at Farrington Blvd Proposed Improvements: {� 1.) Signal Rebuild _t--- 2.) Left -Turn Lane Installations / Modifications 14, Fairmont Pkwv at Underwood Road Proposed Improvements: 1.) Signal Rebuild 2.) Left -turn Lane Installations / Modifications Fairmont Pkwv at 8th Street Proposed Improvements: 1.) Proposed Signal Fairmont Pkwv at SH-146 Proposed Improvements: 1.) Major Intersection Modifications 2.) Signal Modification PL Fairmont Pkwv at Bay Area Blvd Proposed Improvements: I o 1.) Signal Rebuild a a --+-° 2.) Left -Turn Lane Installations / Modifications hy Fairmont Pkwv — COP & La Porte Boundary to 7th Street: Proposed Improvements - Communications —6 miles Fairmont Pkwv — Beltway 8 to COP & La Porte Boundary: Proposed Improvements: Communications —2.5 miles WFAT44;t U, Fairmont Pkwv at Wilmont Drive Proposed Improvements: 1.) Signal Modification Fairmont Pkwv at Bay Park Drive VP Proposed Improvements: 1.) Signal Rebuild; , 2.) Left -Turn Lane Installations / Modifications AO :;ZY Fairmont Pkwv at Driftwood Drive Proposed Improvements: 1.) Signal Rebuild 2.) Left -Turn Lane Installations / Modifications Fairmont Pkwv at 7th Street Proposed Improvements: 1.) Signal Rebuild Fairmont Pkwv at 16th Street Proposed Improvements: 2r 1.) Signal ModificationVIVA.; wi ', f- Exhibit B Proposed CMAQ and Roadway Improvements — Fairmont Parkway Scope of Work: The project includes the installation of 8.5 miles of fiber optic cable providing communication across various traffic devices along Fairmont Parkway from Beltway 8 to 7`�' Street. There will be a total of (2) two proposed signal installation, (8) eight signal 'rebuilds, (4) four signal modifications, (14) fourteen left -turn lane installations / modifications, various signal timing changes, and (1) one major intersection modification at SH 146 @ Fairmont Parkway. These improvements will improve the efficiency and relieve congestion at critical intersections, add capacity in much needed areas and improve air quality. If both County and City agree upon a funding cap and de-scoping is required, then priority will be placed on roadway, communication, and signal improvements at intersections between the railroad grade separation and 7"' Street (the eastern portions of the proposed project). Funding: The project will be funded through two mechanisms: 1) Federally -funded effort with 80/20 Local Participation of Construction 2) Roadway Improvements that are 100% Local Participation HGAC Federal Portion Roadway Total Local Share Total Federal Project Local Share 100% Local Design $706,000 $706,000 $250,000 $956,000 Construction $4,334,550 $866,910 $1,565,000 $2,431,910 $3,387,910 Total Project Value Federal $5,040, 550 Total Project Value Roadway Work _ ^ $1,815,000 Total Value of Improvements $6,855,550 Total Local Share $3,387,910 Proposed La Porte Share $1,000,000 minimum or 40% of Local Share of Construction Proposed Harris County Share 52,387,910 Conceptual Timeline ____. _ TIP Award 2nd rd A TxDOT Review ges(0n: 3 'Qtr 15 to 1 Qtr 16 2Rd to 3`d Qtr IG Qrt 2015 , I" ORDER OF COMMISSIONERS COURT The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on , with all members present except A quorum was present. Among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LA PORTE IN CONNECTION WITH CONSTRUCTION OF TRAFFIC IMPROVEMENTS ALONG THE FAIRMONT PARKWAY CORRIDOR BETWEEN BELTWAY 8 AND 7TH STREET, LOCATED IN HARRIS COUNTY PRECINCT 2 Commissioner introduced an order and moved that. Commissioners Court adopt the order. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Lina Hidalgo ❑ ❑ ❑ Comm. Rodney Ellis ❑ ❑ ❑ Comm. Adrian Garcia ❑ ❑ ❑ Comm. Tom S. Ramsey, P.E. ❑ ❑ ❑ Comm. R. Jack Cagle ❑ ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: 1T IS ORDERED THAT: 1. The Harris County Judge is authorized to execute on behalf of Harris County the attached lnterlocal Agreement between Harris County and City of La Porte in connection with construction of traffic improvements along the Fairmont Parkway corridor between Beltway 8 and 7th Street, located in Harris County Precinct 2, 2. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purposes of this order. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Jason Weeks, Asst. City Mgr. Department: Administration/CMO Report t: Resolution Ordinance Exhibits: CenterPoint Rate Case Notice and Resolution Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: r•' Yes C. No SUMMARY & RECOMMENDATION On or about March 4, 2021 CenterPoint Energy Resources Corp., Texas Coast Division ("CenterPoint") filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program (`GRIP"). CenterPoint's application if approved by the Commission will result in an increase in the monthly customer charges as shown below: Proposed Rate Schedule Current 2021 Interim Adjusted Increase Per Charge Rate Charge Bill Adjustment R-2096-1-GRIP 2021; $17.77 $0.88 $18.65 $0.88 R-2096-U-GRIP 2021 per customer per customer per customer per customer Residential per month per month per month per month GSS-2096-1-GRIP 2021; $21.48 $1.36 $22.84 $1.36 GSS-2096-U-GRIP 2021 per customer per customer per customer per customer General Service Small per month per month per month per month GSLV-627-1-GRIP 2021; $262.84 $33.15 $295.99 $33.15 GSLV-627-U-GRIP 2021 General Service Large per customer per customer per customer per customer Volume per month per month per month per month CenterPoint presents that its proposed increases in its customer charges produce an increase in annual revenue of about $3.8 million, system wide, in its Texas Coast Division. Also, CenterPoint's proposed increase in revenue results in the following percentage increases in customer's base rate bills. Base rates cover CenterPoint's cost excluding the cost of gas and are the costs that are directly within CenterPoint's control. • Increase in Average Customer's Bill: o Residential Customer: 4.95% o Commercial Customer: 6.33% o General Services —Large Volume: 12.61 % "GRIP" Rate Application Under section 104.301 of the Gas Utility Regulatory Act ("GURA"), a gas utility is allowed to request increases in its rates to recover a return on investments it makes between rate cases. This section of GURA is commonly referred to as the "GRIP" statute, that is, the "Gas Reliability Infrastructure Program." Under a decision by the Supreme Court of Texas, the Court concluded that a filing made under the GRIP statute permitted gas utilities the opportunity to recover return on capital expenditures made during the interim period between rate cases by applying for interim rate adjustment and that proceedings under the GRIP statute did not contemplate either adjudicative hearings or substantive review of utilities' filings for interim rate adjustments. Instead, the Court concluded, the GRIP statute provides for a ministerial review of the utility's filings to ensure compliance with the GRIP statute and the Railroad Commission's rules, and that it is within the Railroad Commission's authority to preclude cities from intervening and obtaining a hearing before the Railroad Commission. Alliance of CenterPoint Municipalities In about 2007, coalition of cities known as the Texas Coast Utilities Coalition ("TCUC") of cities was formed by the Cities of Angleton, Baytown, Clute, Freeport, League City, Pasadena, Pearland, Shoreacres, West Columbia, and Wharton to coordinate their efforts in reviewing the rates, services, and operations of CenterPoint Energy Resources Corp., Texas Coast Division ("CenterPoint") within each City's respective boundaries. TCUC has been represented by the law firm of Herrera Law & Associates, PLLC (through Mr. Alfred R. Herrera) to assist in reviewing applications to change rates submitted by CenterPoint since formation of TCUC. The City of La Porte is part of other similar coalitions with regard to CenterPoint Energy - Houston Electric ("CEHE"), but is not participating in a group of similarly situated cities with regard to CenterPoint's gas -utility services. Joining in TCUC will benefit both La Porte and TCUC through addition of another city voice in the review of gas -utility rates, services, and operations in CenterPoint's Texas Coast Division. Currently, there are no fees or other dues applicable for joining TCUC. TCUC's primary focus is in rate cases involving CenterPoint. On a case -by -case basis, and as directed by TCUC, TCUC will solicit funding for projects outside of the ratemaking arena (generally involving legislative matters or rulemaking proceedings before the Railroad Commission of Texas) to fund those efforts. Recommendation Staff recommends that the City of La Porte join the coalition of cities known as the Texas Coast Utilities Coalition of Cities in support of its review of CenterPoint's gas - utility rates, services, and operations. Further, although the City's ability to review and effectuate a change in CenterPoint's requested increase sought via the "GRIP" statute is limited, the City should exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries, including increases requested under the GRIP statute to ensure compliance with the requirements of that law. This includes whether CenterPoint's current rates produce a rate of return in excess of its authorized rate of return. To exercise the City of La Porte's due diligence, it is necessary to suspend CenterPoint's proposed effective date of May 3, 2021 for 45 days, so that the City can evaluate whether the data and calculations in CenterPoint's rate application are correctly done. Thus, if the Council adopts the accompanying resolution, the resolution: • Authorizes La Porte's participation in TCUC; • Authorizes TCUC's Special Counsel, the law firm of Herrera Law & Associates, PLLC (through Alfred R. Herrera), to represent La Porte as part of TCUC in review of CenterPoint's "GRIP" application to increase rates; and • Suspends CenterPoint's proposed effective date for 45 days. Assuming a proposed effective date of May 3, 2021, CenterPoint's proposed effective date is suspended until June 17, 2021. Staff recommends that the City Council approve the suspension resolution regarding CenterPoint's proposed increase in rates under the GRIP statute. ACTION REQUIRED BY CITY COUNCIL Approve or deny Resolution 2021-39 to suspend the effective date proposed by CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program for 45 days, and authorize the City's participation in a coalition of cities known as the "Texas Coast Utilities Coalition" ("TCUC") of cities. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date tipoint. �9Y Mayor and City Council City of La Porte La Porte, Texas Delivered by Certified Mail March 4, 2021 CenterPoint Energy 1111 Louisiana .Street Houston, TX 71002-5231 P.D. Box 2628 Houston, TX 77252-2628 Re: CenterPoint Energy 2021 Annual GRIP Adjustment for the Texas Coast Division Dear Madam or Sir: CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or the "Company"), files the tariffs and supporting documents, in electronic form, with the City ofLaPorte ("City") consistent with Section 7.7101 of the Railroad Commission of Texas ("Commission") Gas Services Division Rules and Section 104.301 of the Texas Utilities Code to establish the annual gas reliability infrastructure program ("GRIP") interim rate adjustment ("IRA") for the Company's Texas Coast Division, which includes the City. The proposed IRA will affect rates for natural gas service customers located in the City. Simultaneously with this filing, CenterPoint makes the same GRIP filing with the Commission for customers located in the City's environs and cities of the Texas Coast Division that have ceded original jurisdiction to the Commission. CenterPoint consistently supplies its customers in the Texas Coast Division with safe and dependable natural gas service by prudently investing in additions and upgrades to its delivery system. The Company will continue to prudently invest in its infrastructure in order to improve its natural gas service to its customers and to anticipate and meet their needs under all operating conditions. The GRIP program enables a gas utility such as CenterPoint to begin recovery of its incremental capital investment in the system, subject to a prudence review in its next rate case. This reduces regulatory lag and incentivized needed investment. Consistent with Section 104.301 of the Texas Utilities Code and Commission precedent, the City's review of this GRIP filing is limited to a ministerial review to ensure compliance with the GRIP statute. Pursuant to applicable law, the proposed IRA will become effective on May 3, 2021, unless the City suspends that date for a period of no longer than forty-five (45) days. The approved IRA will be applied to the monthly customer charge and will remain in effect until superseded by the earlier of (1) the effective date of the Company's next annual GRIP adjustment for the Texas Coast Division; or (2) the issuance of a final order in a rate setting proceeding for the Texas Coast Division. City of La Porte March 4, 2021 Page 2 As detailed in the attached schedules and supporting material, the Company invested $45,065,113 in its Texas Coast Division in calendar year 2020, and the applicable IRA is: Proposed Current 2021 Interim Rate Customer Rate .Adjusted Increase Schedule Charge Adjustment' Charge Per Bill R-2096-I-GRIP 2021; $17.77 $0.88 $18.65 $0.88 R-2096-U-GRIP 2021 per customer per customer per customer per customer Residential per month per month per month per month GSS-2096-I-GRIP 2021; $21.48 $1.36 $22.84 $1.36 GSS-2096-U-GRIP 2021 General Service per customer per customer per customer per customer per month per month per month per month Small GSLV-627-I-GRIP 2021; $262.84 $33.15 $295.99 $33.15 GSLV-627-U-GRIP 2021 General General Service per customer per customer per customer per customer Lare Volume per month per month per month per month Along with and in support of the proposed IRA, CenterPoint includes the following: (a) An earnings monitoring report showing the Company's earnings for the Texas Coast Division during the 2020 calendar year (under the "Earnings Monitoring Report" section of the enclosed filing). (b) An Interim Rate Adjustment Application containing accounting schedules and project reports for the GRIP Adjustment Period including a description of (i) the projects undertaken during the GRIP Adjustment Period (ii) the investment to provide utility service in the Texas Coast Division, which were both completed and placed in service during the GRIP Adjustment Period, (iii) the Company's prior utility investments in the Texas Coast Division that were either retired or abandoned during the GRIP Adjustment Period, and (iv) the cost, need and customers benefited by those investments and retirements located in IRAs 12, 13, 14 and 15 which are voluminous and are being provided in electronic form only. (c) The Company's calculations of the GRIP Adjustment amount to go into effect on the later of the Planned Effective Date or the end of any suspension period 1 On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the "TCJA") was signed into law. The TCJA reduced the federal corporate income tax rate from 35% to 21 %. The Company has calculated the GRIP Adjustment using the 35% federal corporate income tax rate approved in GUD No. 10567, The Company has also calculated and is seeking approval of the GRIP Adjustment using the 21% federal corporate income tax rate under the Tax Cuts and Jobs Act of 2017. The Proposed 2021 Interim. Rate Adjustment in the table above has been calculated using the reduced corporate income tax rate of 21%. City of La Porte March 4, 2021 Page 3 imposed (under the "Interim Rate Adjustment Application" section of the enclosed filing). The Company has calculated the GRIP Adjustment using the 35% federal corporate income tax rate approved in GUD No. 10567. The Company has also calculated and is seeking approval of the GRIP Adjustment using the 21 % federal corporate income tax rate under the Tax Cuts and Jobs Act of 2017. (d) Affidavits by Kristie Colvin, Brian K. Gower and Tal R. Centers, Jr. (under the "Affidavits" section of the enclosed filing). Ms. Colvin's affidavit verifies (i) that the Texas Coast Division's books and records are kept in accordance with the rules of the Commission and (ii) that the reports enclosed accurately reflect the Texas Coast Division's books and records related to the information in those reports. • Mr. Gower's affidavit verifies the notice of the GRIP filing through customer bill inserts, • Mr. Centers' affidavit concerns the reimbursement of relocation expenses. In addition, the source documentation and workpapers supporting the data and calculations contained in the foregoing reports is maintained in CenterPoint's electronic databases which are available for review. To schedule an opportunity to review the electronic databases or any hard copy project files related to the new investment or retirements, please contact me at (713) 207- 5946. Notice of this proceeding will be provided to affected customers in the Texas Coast Division by bill insert or by separate mailing within 45 days after the date of this filing in accordance with the applicable law. Please accept for filing the above -mentioned tariffs, filing package and enclosures. Instead of a binder with a hard copy of the filing, the Company has provided the equivalent in electronic form in the folder called Electronic Copy of Filing. Although only the incorporated tariffs are applicable to the City, the Company has also included in its filing package both incorporated and unincorporated tariffs. There have been no changes to the IRA forms since the Company's last filing, other than adding a column on IRA-18 and IRA-19 to show `Allocated Original Cost'. If the City takes any action regarding this filing, please send signed documents, such as, ordinances, resolutions and minutes to the following address: City of La Porte March 4, 2021 Page 4 Keith L. WalI 1111 Louisiana Street CNP Tower 19#h Floor Houston, Texas 77002 Please do not hesitate to contact me with any questions you may have regarding this filing. Sincerely, Keith L. Wall Director of Regulatory Affairs Attachments cc: Mr. Tat Centers Mr. Sam Chang Ms. Gracy Rodriguez RESOLUTION NO. 2021-39 A RESOLUTION BY THE CITY OF LA PORTE TEXAS, ("CITY") REGARDING THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM; SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION FOR FORTY-FIVE DAYS; AUTHORIZING THE CITY TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION" OF CITIES; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about March 4, 2021 CenterPoint Energy Resources Corp., Texas Coast Division ("CenterPoint") filed for an increase in gas utility rates under the Gas Reliability Infrastructure Program ('GRIP"), and proposed increases in the monthly customer charges for all retail customer classes as shown below: Proposed Current 2021 Interim Rate Customer Rate Adjusted Schedule Charge Adjustment Charge Increase Per Bill R-2096-I-GRIP 2021; $17.77 $0.88 $18.65 $0.88 R-2096-U-GRIP 2021 per customer per customer per customer per customer Residential per month per month per month per month GSS-2096-I-GRIP 2021; GSS-2096-U-GRIP 2021 $21.48 $1.36 $22.84 $1.36 General Service per customer per customer per customer per customer Small per month per month per month per month GSLV-627-I-GRIP 2021; GSLV-627-U-GRIP 2021 $262.84 $33.15 $295.99 $33.15 General Service per customer per customer per customer per customer Large Volume per month per month per month per month and WHEREAS, the City has a special responsibility to exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries; and WHEREAS, the application to increase rates by CenterPoint is complex; and WHEREAS, given the complexity of setting rates and to maximize efficiency in reviewing CenterPoint's application to increase rates, the City finds it prudent to join in the Texas Coast Utilities Coalition of Cities ("TCUC") to undertake review of CenterPoint's application; and WHEREAS, it is necessary to suspend the effective date for the increase in rates for forty-five days, so that the City can assure itself that the data and calculations in CenterPoint's rate application are correctly done; and 1 of 3 WHEREAS, the effective date proposed by CenterPoint is May 3, 2021, but a suspension by the City will mean that the rate increase cannot go into effect prior to June 17, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS THAT: Section 1. That the statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City suspends the requested effective date by CenterPoint for forty-five days pursuant to the authority granted the City under Section 104.301 of the Texas Utilities Code to allow the City to review the data and calculations that provide the basis for CenterPoint's proposed increase in rates. Section 3. The City joins coalition of cities known as the Texas Coast Utilities Coalition ("TCUC") of cities to act jointly with other cities that are part TCUC to review CenterPoint's application to increase rates. Section 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to act on its behalf, through TCUC, in connection with CenterPoint's application to increase rates. Section 5. To the extent allowed by law, CenterPoint is ordered to pay the City's reasonable rate case expenses incurred in response to CenterPoint's rate increase application within 30 days of receipt of invoices for such expenses to the extent allowed by law. Section 6. The meeting at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 7. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this 12th day of April 2021. ATTEST: LOUIS R. RIGBY, MAYOR 2of3 LEE WOODWARD, CITY SECRETARY 3 of 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Rosalyn Epting, Director Department: Parks & Recreation • Report Resolution Ordinance Exhibits: Access Report, Bid Tabulation, Turner Power & Construction, LLC Bid Appropriation Source of Funds: EDC Funds Transfer Account Number: 015-8080-552-1100 Amount Budgeted: $523,950 Amount Requested: $429,751 Budgeted Item: - Yes C. No SUMMARY & RECOMMENDATION Bid #21009 for the Northwest Park Soccer Fields Lighting Renovation Rebid was opened and read on March 2, 2021. The Notice to Bidders was advertised in the Bay Area Observer on February 4 and 11, as well as posted on Public Purchase and the City's Website. Thirty-four (34) vendors downloaded the bid package and four (4) bids were received. Turner Power & Construction, LLC was the low bidder in the amount of $390,683, and their references have been checked. The Access Report, Bid Tabulation, and Turner Power & Construction, LLC's Bid has been attached as exhibits. This project will include 23 new galvanized steel poles and 110 lights with 730W LED light fixtures and visors. The new lights will include a 10-year maintenance -free warranty. Once installed, the lights will be operated electronically and have the ability to be scheduled when they are needed. The approved budget for this project totals $523,950 and is funded through the Economic Development Corporation Fund. To date, $31,780 has been spent for engineering services. The remaining project budget is $492,170. Staff recommends awarding Bid #21009 to Turner Power & Construction, LLC in the amount of $390,683 and allow a 10% construction contingency of $39,068. The total authorization for the Northwest Park Soccer Fields Lighting Renovation Project will be $429,751. ACTION REQUIRED BY CITY COUNCIL Award Bid #21009 to Turner Power & Construction, LLC in the amount of $390,683 for the Northwest Park Soccer Fields Lighting Renovation Project, with a contingency amount of $39,068, for a total authorization of $429,751. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Access Report Agency Bid Number Bid Title Vendor Name School Wholesale Supplies LLC Turner Power Systems & Contractor, LLC Premier Sports Lighting CMS ConstructConnect Genrg Electrical Solutions LLC Construction Journal IMS North America Procurement Council PWXPress Wayne Enterprises Dodge Data & Analytics CMD IMS BidClerk Onvia ConstructConnect Qualite Sports Lighting, LLC Pfeiffer and Son aztec remodeling &landscaping company Construction Software Technologies RFx Analyst Dodge Data & Analytics SmartProcure Techline Sports Lighting Hearn Company Stratus Field Services, LLP Tukmol General Contractor Perkens WS Corporation Baytown Electric Company The Blue Book Building & Construction Network SolarMax LED McDonald electric Musco Sports Lighting, LLC City of La Porte (TX) 21009 Northwest Park Soccer Fields Lighting Renovation Rebid Accessed First Time 2021-02-03 10:54 PM CST 2021-03-01 11:54 PM CST 2021-02-05 03:17 PM CST 2021-02-03 11:40 PM CST 2021-02-09 11:42 AM CST 2021-02-04 10:18 AM CST 2021-02-04 08:07 AM CST 2021-02-04 02:41 PM CST 2021-02-04 03:26 AM CST 2021-02-23 09:40 AM CST 2021-02-04 12:10 PM CST 2021-02-05 01:49 AM CST 2021-02-09 01:45 PM CST 2021-02-04 04:06 AM CST 2021-02-09 04:58 AM CST 2021-02-03 06:02 PM CST 2021-02-22 12:53 PM CST 2021-02-22 10:34 AM CST 2021-02-04 06:31 AM CST 2021-02-04 10:30 AM CST 2021-02-09 12:57 AM CST 2021-02-16 08:57 PM CST 2021-02-03 06:18 PM CST 2021-02-04 03:04 AM CST 2021-02-04 08:37 AM CST 2021-02-04 08:45 AM CST 2021-02-04 01:36 PM CST 2021-02-08 07:29 PM CST 2021-02-03 10:14 PM CST 2021-02-04 08:16 AM CST 2021-02-09 02:53 AM CST 2021-02-04 11:15 AM CST 2021-02-03 04:43 PM CST 2021-02-10 11:30 AM CST Documents Most Recent Response Date Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf Bid 21009 Northwest Park Soccer Fields Lighting Renovation.pdfAddendum No. 2.pdfAddendum No. 1.pdf BID TABULATION SEALED BID #21009-NORTHWEST PARK SOCCER FIELDS LIGHTING RENOVATIONS REBID BID OPENING -MARCH 2, 2021 AT 2:00 PM TURNER POWER GENRG DBA MCDONALD PFIEFFER AND AND LEGGIO ITEM CONTRUCTION ELECTRIC ELECTRIC SONS Northwest Park Soccer Fields Lighting Renovations Rebid Per Specifiations Lump Sum $390,683.00 $440,000.00 1 $446,469.00 1 $576,900.00 P.O. Box 680104 Houston, TX 77286 B 713-253-3063 F 281-929-0808 -4; Turner.power@comcast.net POWER CON T C; C" T i O , LLC TELL# 29418 Bid #21009 �\ 0 Turner Power .•a Construction,, LLC 4 P.O. Box 680104 Houston, TX 77286 T B 713-253-3063 URNER, F 281-929-0808 PONVE R & C 0 N ST R UC Tf 0 N, LLC Tumer.power@comeast.net TECL# 29418 rt A 1. Bid For & Bid — Quotation from Turner Power & Construction, LLC 2. Respondent Affidavit 3. Certification of Respondent 4. Protection of Resident Workers Compliance 5. Indemnity Hold Harmless Agreement 6. Conflict of Interest Questionnaire 7. Reference For (with Additional References) 8. House Bill 89 Verification 9. Certificate of Insurance 10. W-9 11® Executed Bid on 12. Statement of Qualification Form with Corresponding Documents C'4 of La Porte Section 00410 Bid Form BID FORM gin f 0.9-1.�1V.-TimmEST PL_�'�#yr'npy #­q -A "M r- -r - _f - r, Bid of Turner Power & Construction, LLC_ an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of Insurors Indemnity Company for the Northwest Park Soccer Fields Lighting Renovation Rebid for the City of La Porte, Harris County, Texas. -pe undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the City of La Porte. Total Lump Sum TOTAL BASE BID $ 390,683.00 Written three -hundred nintey thousand six -hundred eighty-three dollars and 00 cents. It is understood and agreed that the work shall be complete in full within 75 calendar days after the date on which work is to be commenced as established by the Contract Documents. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. WT*6T1111&TArFZ&A=@- a US 4141g.- I IM-4 I po I a TgUM717 acceXiarice •nis proslosai T le Utersignelt S(TU'Ut Tan To enTer into a constructi•n contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. City of '"a Porte Itiaunderstood that the Owner reserves the right horeject any and all bids. Section 00200 �ristrucfions to In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds ooprovided inthe Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date Signed By p Company Turner Power & Construction, LLC P.O.Box O8O104.Houston, TX7720O 713-253-3063 (Telephone Number) Tumer.Power@comcast.net (Email Address) SEAL (if Bidder isaCorporation) Acknowledge receipt nfAddenda Below: Addendum No. �~ Date Received V P.O. Box 681925 Houston, 68 713-253-3063 TU' RN ER (t) 281-401-9575 PROJECT SCOPE SHEET DATE: 3-02-2021 PAGE 1 OF 2 PROJECT: NORTHWEST PARK SOCCERI LIGHTING RENOVATION CELL 1 ® 7 x O SPECIAL SYSTEMS* NOT BASED .,: NO r A vY ITEMS INCLUDED IN OUR QUOTATION: TEMPORARY CONSTRUCTION POWER . (CONNECTION:l USAGE FEES NOT INCLUDED) (BY OTHERS). NOT RESPOSABLE FOR ANY ITEMS OR CONNECTION OF EQUIPMENTOR •• REQUIRE 1201240V SINGLE PHASE Pi ELECTRICAL BRANCH FEEDERSO FIELDS ELECTRICAL..■EXISTING 1 . • PLANS. 3) ALL . PLANS DSPECS 4) LIGHTING CONTROLS PER ti DIRECT BURIAL POLES ■., CONCRETE INCASEMENT. OLE TOP CROSSARMS AND LIGHTS REQUIRED. 6) REPLACE EXISTNG IN -GROUND PULL BOXES WITH NEW BOXES AT POLE LOCATIONS. rSPORTSPROVIDED SPORTS LIGHTING. 8) REMOVAL OF EXISTING WOOD POLES AND LIGHTS. . REMOVAL OF '•FROM NEW POLES. i ONE AIMING 120c 11 1 NO CONCRETE WORK'"• BASE, HOUSEKEEPINGPAD, GENERATORP 2) NO UTILITY COMPANY FEES OR PIPE BOLLARDS AT UTILITY EQUIPMENT. NO ALLOWANCES. 4) NO CUTTING AND PATCHING OF ANY CONCRETE OR ASPHALT. NOT PO FOR • OR ABATEMENT OF • r TO HAZARDOUS. , SOUND, DATA, SECURITY, LIGHTNING PROTECTION, PHONEOR BMS WIRING OR EQUIPMENT. 7) NO SAW CUT OR BREAK OUT. REMOVALE OF ON-RETE OR ASPHAL NOTES: POWER1 CHANGE ORDERS AND/OR BACK CHARGES WILL REQUIRE 72 HOURS PRIOR NOTICE TO OUR OFFICE. 2) TURNER CONSTRUCTION, ONLY AGREE PERCENT RETENTION. 3) ALL WORK TO BE PREFORMED DURING NORMAL WORKING HOURS 7:00 A TO M PM.NOTON OVERTIME RATES. The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work speced in this bid. All items bid and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this solicitation. Respondent understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the solicitation. The respondent agrees that this solicitation shall be good and may not be withdrawn for a Imrgi-in t P fhr receivito submittals. The undersigned affirms they are duly authorized to represent this firm, that this proposal has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. EMM�� Business Name: Turner Power & Construction, LLC Address: P.O. Box 680104 Houston, TX 77268 City of La Porte SecdUon 00300 City of La Porte Forms City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned respondent further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, bat, be deducted by the City of La Porte from the amounts is the undersigned. Failure to remit this certification with the response or non-compliance with said ordinance shall be just cause for rejection or disqualification of submitted proposal. The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. Or The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the Turner Power & Construction, LLC Address: P.O. Box 6801 -a City of La porLe SectIicn 00300 Cily of La Parte Forrns The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. V am= A products under the Contract Documents will be performed or manufactured by any Address: P.O. Box 680104 Houston, TX 77268 FO ZT-717f T73 C4 of La Pcrle Jo Section 00300 City of La Porte Forms To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees or independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, ifficers, agents and employees and herein provided. Business Name: Turner Power & Construction, LLC Address: P.O. Box 680104 Houston, TX 77268 Printed Name: Daryl Tu7ner,) Authorized Signature: A - Date: 3/Lk21 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Ij D Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 21 Name of local government officer about whom the information is being disclosed. Name of Officer IJ Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? 1:1 Yes EXI No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? EJ Yes 1XI No -�J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). ,end ing business with the governmental entity Date Form provided byTexas Ethics Commission wvmmmmico.otate.txua Revised 11/30/2015 City ofLoPorte 8ection803O -Clitv of La Porte Fornis Please PRINT or TYPE here, the names, addresses and other contact information of persons in a management capacity where other similar work has been provided within the last five (5) years, or is currently being provided that may be willing to provide a reference and recommendation for your company. Failure to complete and submit this form may be cause to disqualify your proposal. References provided must be for similar events. At least 2 of the 4 required references should be current and of a similar size and scope. Contractor shall also indicate the date services were performed and a brief description of the type of event, and any other pertinent information involved for each reference provided. Company Name Contact Address Telephone E-mail Pasadena mo - Ag Barn Lighting Upgrade - Replace light poles, pole lights (w/ LED), provide crane services, trenching, circuitry, camera hook-up, light Alan Penn 'uu/aoO'Brien 1oounvv.Sam Houston pkwr.Ste. ouu.Houston, rx 7/064 281-664-1900 a/an.ponn@sa/avuxrien,nom Company Name Contact Address Telephone E-mail *orizon/SER-Nino'sohildrens Library Electrical Systems & Lighting Package - Provide & install complete lighting and electrical systems/package for new library (Davis -Bacon Specialized W000u) 'conmact/pnojjomDate: o/2o`ntosmn 7,cvnmmtvrice $e29,500.00 Jeff Company Name Contact Address Telephone E-mail Pasadena moVeteran's Memorial Stadium Lighting Upgrade Phase 2 - Replace panels, transformer, lighting, controls, provide crane services, wiring, conduits, etc. - Contract(Project Date: 5/2019 to 11/2019, Contrat Price: $135,900.00 Alan Penn - Salas O'Brien 10930 W. Sam Houston Pkwy, Ste. 900, Houston, TX 77064 281-664-1900 alan.penn@salasobrien.com Company Name Contact Address Telephone E-mail C.A.Walker - SBISD Tiger Trail & Wildcat Way/School - Chiller Reelacement & Lightin2 & Electrical System - Provide and install ci[2�1�. lighting, panelboards, switchgear for new schools - ContractlProiect Date: 4/1/2020 to 9/2020, Contract Price: $142,990.00 Sabastian Perez 1543 Silber Road, Houston, TX 77055 713-203-1719 sebastiagp@cawalker.net Company Name Contact Address Telephone E-mail Horizon/Hobby Airport Concourse Power Addition - Electrical systems, wiring, coring, 2round scanning, seecialized waSesicertified22ME2LI ***NOTE: The projects above all electrical jobs relevant to the work currently up for bid. mz�� 1, Daryl Turner f_Person name), the undersignEl representative o iame) Turner Power & Construction, LLC L�ereafter referred to as company)r being an adult over the age of eighteen (18) years of age, do hereby verify that the company named -above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-namej! Company, business or individual with City of La Porte, Texas. This statement is exempt for sole proprietorship vendors, vendors who have less than 10 f time employees and contracts that are under $100,000 of public funds. I "Boycott Israel," means refusing to deal with, terminating business activities with, or otherwise takina any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled for ordinary business purposes; and 2. "Company"" means afor-profitsole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that M � 1=1 �711 � 312/2021 DATE SIGNATURE OF COMPANY REPRESENTATIV! DATE (MM/DD/YYYY) 01 /24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Delores Lozano NAME, Rockwater Insurance Agency, LLC. PHONE (832) 583-7500 FAx No Ext : A/C, AIC No : (832) 730-5439 1 Featherwood Dr., E-MAIL dlozano@rockwaterins.com Ste. te.115 ADDREss: °� INSURERS) AFFORDING COVERAGE NAIC 0 Houston TX 77034 INSURER A: EMC Insurance 21415 INSURED INSURER B : Burlington Insurance Co. 23620 Turner Power Systems &Contractor, LLC INSURER C : P.O. Box 680104 INSURER D INSURER E Houston TX 77268 INSURERF: COVE AGES CERTIFICATE NUMBER: 21-22 Master REVISION NUMBER: n , i 1— 1 nc rULTUIGJ yr INOUNANGt LIS 1 EtJ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI ICII S I IhAITC CI n%A/wi RAAV unve OCCki oen, ,nr, — ..— IN -SR LTR TYPE OF INSURANCE x= INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR 6D29310 01125/2021 01/25/2022 EACH OCCURRENCE $ 1,000,000 GE TO RENTED PREMISES Ea occurrence 500,000 $ MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,006,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ® PRO- ❑ LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG $ 2,000,000 Limited Pollution $ 100,000 p AUTOMOBILE LIABILITY ANYAUTO AUTOS ONLY AUTOS OWNED SCHEDULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Comp X Coll 6E29310 01/25/2021 01/25/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 _ BODILY INJURY (Per person) _ $ BODILY INJURY (Per accident) $ PROPE PROPERTY DAMAGE Per PE dent $ Deductibles $ 1,000/1,000 A A UMBRELLA LIAB ExcessuA6 OCCUR CLAIMS -MADE NIA J6,129310 6H29310 01/25/2021 01/25/2021 01/25/2022 01/25/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DIED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory d ory be and It yes, describe under DESCRIPTION OF OPERATIONS below PER OTH- STATUTE $ -ER E.LEACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 LBExcess Liability 631BE0087301 F2_5/2021 :01:/25/2022 Each Occurrence Each Aggregate 5,000,000 5,000,000 kn.y ,y,, f u0nM MemarKs ocnegWe, may De attached It more space is required) The General Liability Policy includes Blanket Automatic Additional Insured endorsement for Ongoing AND Completed Operations that provides Additional Insured status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status subject to policy terms and conditions. The Auto Liability Policy includes Blanket Automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status subject to policy terms and conditions. City of La Porte 604 W Fairmont Pkwy La Porte 6t;J#11r • • • r -� • r - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE TX 77571 ACORD 25 (2016/03) O1988-2015 O'ti CORPORATION. ii The r-r name and logo are registered marks of ACORD Form W119 Department of the Treasury Internal Revenue Service (Rev. October 2018) � m Request for Taxpayer Identification Number and Certification 0. Go to WwwJSP.0MyF-XW-W9- Give Form to the requester. Do not send to the IRS. I Name (as shown on Your income tax return). Name is required on this line; do not leave this line blank. Turner Power Systems & Contractor, LLC 2 Business nam isregarded entity name, if different from above Turner Power & Construction, LLC 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes, 4 Exemptions (codes apply only to certain entities, not individuals; see Individual/sole proprietor or El C Corporation 0 S Corporation El Partnership Trust/estate instructions on page 3): single -member LLC Limited liability Exempt payee code (if any) company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 0, C Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Exemption from FATCA reporting another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. E] Other (see instructions) lli (Applies to accounts maintained outside Uie US.) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) P.O. Box 680104 6 City, state, and ZIP code City of La Porte 604 W. Fairmont Pkwy Houston, TX 77268 [a Pea , TX 77571 7 List account number(s) here (optional) Tim, UEMJIM1111=9 Mill Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number ISSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (FIN). If you do not have a number, see How to get a TIN, later, Note: If the account is inmore than one name, see the instructions for line tAlso see What Name and Number To Give the Pequester for guidelines onwhose number *uenter. Social security number SDI Under penalties ofperjury, |certify that: 1.The number shown onthis form ismycorrect taxpayer identification number (or |anwaiting for anumber mbnissued »ome);and 2.1 from backup withholding, or(b)/have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified mothat |an no/ongoroubjactmbankupwithho|ding;end 3.|emoU.G.citizen prother U.G.person (defined be|ov0;and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Cmrtificatianinstructions. Youmvstomosumimm2obmmifynuhmebmmnntifiodbytho|RSthatyvuomoumenUymmbjmctmbaokup*ithho|d|ngbwonuno you have failed to report all interest and dividends on your tax return. For real estate transactions, item2 does not k,Fn interest acquvmnno,uuomuunmo�w000u�upmponv mm��|amnnmuou�nomnuo�| � individual nu| —'� ~—~-----' . . contributions to�m�mannn ement0 generally, ma other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Signature of Here I U.S. person Ili- GeneraQ Instructions ' Section references are mthe Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwJrs.gov1FdrmW9. Purpose of Form Amindividual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. o Form 1099-INT (interest earned or paid) ° Form 1o99-DIV(dividends,including those from stocks mmutual fund ° Form /no9M|GC(various types ofincome, prizes, awards, orgross proceeds) ° Form 1Ooo'B(stock mmutual fund sales and certain other transactions bybrokers) ° Form 1US9-G(proceeds from real estate transactions) = Form 1nn9-K(merchant card and third party network transactions) ° Form V098(home mortgage imemoV.10g8'E(student loan imamat). 1098'T(tuitiun) ° Form 1O9o'C(canceled debt) ° Form 1099+\(acquisition orabandonment oVsecured property) Use Form m+9only xyou are oU.G.person (including oresident a|ien).toprovide your correct TIN. If you do not return Form W-8mthe requester with aTIN, you might besubject uobackup withholding. See What iabackup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) City of La Porte Section 00431 Bid Bond Form STATE OF TEXAS § § SURETY'S No. N/A COUNTY OF HARRIS § RNOW ALL MEN BY THESE PRESENTS, THAT Turner Power& Construction, LLC (hereinafter called the Principal), as Principal and Insurors Indemnity Company MTN, a name rule mun'11-1 corporation of Harris County, Texas (hereinafter called Obligee) in the amount oi Five Percent of the Greatest Amount Bid Dollars ($ , for the payment whereof said Principal ��piv I� I %II givil III III =pi'pi WHEREAS, the Principal has submitted a Bid to enter into a certain written Contract wlth Obligee for BID #21009 AM= 0.11'. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PrinciAl 01 faithfuliv. enter I j - -7 s a " . .,,nVtime after such Bbe i or. W successfvil 1 gFRIp 431 Either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages. PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in Hari -is County, Texas, IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this 2nd day of March _, 20 21 . TUMU I'OWCI- & ConSu'uCtion, I_I,C Insurors Indemnity Company 131 incip I/ ntractor 777777� Surety By: By: Russ Frenzel, Artorncv"4n-Fact Address: RO� Box 680104 Houston, Texas 77268 NOTE: Attach Power of Attorney Address: P.O. Box 32577 Waco, TX 76702, Tou may call Insurors Indemnity Company's toll -free zomplaints at FMK.T,lr#" Mj U-MrMAN LELF qLF-4), P.O. Box 149091 Austin, TX 78714-9091 Fax: 512-490-1007 Web: http://www.tdi.texas,g2v E-mail: ConsumerProtection@tdi.texas. I F01PUR -no R I UnA*1.MXnwj9fwr____w1_TRK �131 �110 about a claim, you should contact the agent or the wmpany fM If the dispute is not resolved, you may contact the Texas Department of Insurance. part or condition of the attached document. Para obtener informacion o para someter una queja: Usted puede llarnar al numero de telefono gratis de � Tsy, r, #,r-- '_rit�ewA, i ky Cim-pa my'g I ara inftralac i i a—t ;wc it- -a c,orneter una queja al 1-877-816-2800 Usted tanbien puede escribir a Insurors Indemnity Company: 0 Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al P.O. Box 1496 1 Austin, TX 78714-9091 Fax: 512-490-1007 Web: htti3://www.tdi.texas.ggv 0 E-mail: ConsumerProtection(@tdUe=,,qM kJ01 14 Q 1 FvI ,111, primero. Si no se resuelve la disputa, puede entonces comunicarse con el departarnento (TDI). f JL," 04 t jAj,L, �;j R�- POWER & CONSTRUCTION,LLC 1. Contact Information: Office Fax Emergency Contact (24/7) Email Mailing Address: 713-253-3063 281-929-0808 936-718-7749 P.0 Box 680104 '7 Houston, TX 77268 1 3 2707 Haynes Road Houston, TX 77066 P.O. Box 680104 Houston, TX 77286 B 713-253-3063 F 281-929-0808 Tumer.power@comcast.net TECL# 29418 2. Turner Power Systems & Contractor, LLC cl.b.a. Turner Power & Construction Years in business: 8 (since 2013) 3. Turner Power & Construction, LLC owns two crane/bucket trucks with boom lifts and multiple scissor lifts, manlifts, and forklifts with the necessary safety provisions safety belts and harnesses, fall protection, etc.) as well as the required tools and equipment necessary to perform tasks included in scope of work. ENEWETE-TEMM,iPri lig fnr *eLt* LPLXQ� • I — �-- . . - L _lLe , � �_•i•'s • 8. Not applicable: Daryl Turner, Owner and President of Turner Power & Construction, LLJ has never filed bankruptcy for his company (past or present) or for personal reasons. 10. See attached resume of Daryl Turner (Owner and Master Electrician for Turner Power & Construction, LLC) f-1. See attached list of all services provided by Turner Power & Construction, LLC. P.O. Box 680104 -'w Houston, TX 77286 B 713-253-3063 TUJI N-']F 281-929-0808 (a POWER & CONSTRUCTfON,LLC Turner.power),comcast.net TECL# 29418 Customer: Horizon GrouD International Contact Name: Jeff Greytok Project: Houston Airport Systems -Hobby Airport — Concourse Power Additions & Wiring Systems Phase Two Date: November 2020 — Present -6 -2-2-7- Details: Install new wiring systems in the floor for new receptacles, core floor box holes, install floor boxes, panels and associated wiring as well as ground x-ray for pre -layout, concrete pads for transformers, replace carpet and patch holes in area. Customer: Jade Construction, Inc. Contact Name: Gary Johnson Project: Homewood Suites — Complete Interior Renovations (Repairs Resulting from Water Damag Date: January 2021 — Present Contract Total: $515,000.00 — 25% Complete as of 2/28/2021 Details: Interior renovations include, but not limited to, clemoing drywall & flooring, milling, installing drywall, painting, window installation, installation of doors and bathroom fixtures (toilets, sinks, faucets, handrails, handicap accessories, hot & cold piping, lighting, stalls, etc Mechanical HV/AC System, Electrical System, lighting, prepping of floor/slab, and the installation and/or repair of other interior items. 1 11 — -rem Contact Name: Jeff Greytok Project: Houston Airport System - IAH Starbucks Demo Date: February 2021 to Present Contract Total: $80,830.00 — 90% Complete as of 2/28/2021 Details: Provide temporary walls arounds existing restaurant inside airport terminal to block area from pedestrians, remove existing electrical feeders from existing panels serving Starbucks and demo all electrical within the space, fill and sea[ all electrical penetration through floor, demo all kitchen equipment, data cables and conduit, ceiling, piping and all other com onents within overspace. Page I 1 Turner Power & Construction, LLC/Current Project List/Ver.3/2021 Brazos Tower Bayou Manor Contact: Chris Bryant Project: Ongoing Maintenance Projects Current work in progress: approximately $87,000.00 Date: Ongoing/Present Details: electrical circuitry and panel repairs within resident towers, rooms and other parts of facility, window cleaning and maintenance, outdoor/exterior repairs to acle, parking lot and landscape, pool room repairs, and other maintenance work that varies upon necessity. Customer: Marina Bay Harbour Contact: Hunter Cameron Project: Office Remodel (interior) & Concrete Parking Area Contract Total: $67,603.75 Date: December 2020 to Present (Ongoing work) — 65% Complete with this portion as of 2/28/2021 Details: Demolition, framing, drywall, millwork, painting, electrical circuitry, lighting and other tasks to renovate interior of office building. Concrete work outside consists of adding a concrete pad and partial parking lot off existing parking lot. r -M# IIJ a . Yi—a77 -d s well as JOC contracts wiS Spring ISD and Spring Branch ISD to provide electrical maintenance and other electrical services as needed. Page 12 Turner Power & Construction, LLC/Current Project List/Ver.3/2021 P.O. Box 680104 T, Houston, TX 77286 B 713-253-3063 F 281-929-0808 POWER & CONSTRUCTION.LLC Tumer.power@comcast.net TECL# 29418 Contact Name: Jeff Greytok 361-563-1070 Project: Houston Airport Systems -Hobby Airport — Concourse Power Additions & Wiring Systems Date: July 2020 — November 2020 Contract Total: $279,127.92 Details: Install new wiring systems in the floor for new receptacles, core floor box holes, install floor boxes, panels and associated wiring as well as ground x-ray for pre -layout, concrete pads for transformers, replace carpet and patch holes in area. "Completed project and started another phase of the same work in a different area of Hobby Airport ($526,227.72). Contact Name: Gary JII ohnson 832-221-4071 Project: Hometown Title — Complete Interior Renovations Details: Interior renovations to include, but not limited to, demoing drywall & flooring, millin]. frywall, painting, window installation, installation of doors and bathroom fixtures (toilets, E sinks, faucets, handrails, handicap accessories, hot & cold piping, lighting, stalls, etc.), Mechanical HV/AC System, Electrical System, lighting, prepping of floor/slab, and the installation and/or repair of other interior items. WE' =975=111 MIST@• 713-703-7766 A!"!LM!T�'t encom Project: Pasadena ISD Veteran's Memorial Stadium Sports Lighting — PH2 Contract Total $129,260.00 Date: June 2019 to August 2020 Details: Replace and repair lighting for Veteran's Memorial Stadium sports lighting and parking lot lighting (incl. crane services). (BONDED). Page I I Turner Power & Construction, LLC/Completed Project List/Ver.3/2021 Ons e"AlIVIRM, 'v a "T'n Project: Cibo North Bridge Electrical (IAH Airport) — Owner: OTC Date: January 2019 to July 2019 Contract Total: $236,623.25 Details: Provide and install full electrical service, circuitry and lighting. Customer: Spring ISD Contact Name: Ty McWilliams 281-891-6415 -12 LL Project: Spring High School Repairs and Feeder Replacement Date: March 2019 to July 2019 Contract Total: $75,401.45 Details: Removed damaged feeder and supplied temporary power. Provided and installed new switchgear, panel and feeder (crane/roof services) "Ongoing projects and maintenance work throughout the district. Most reces • Contact: Zane Talley 832-646-1675 Project: Fort Bend ISD Mercer Stadium Lighting Contract Total: $75,366.00 Date: June 2018 to February 2019 Details: Remove and replace switchgear and breakers, relocate parking lot poles and lighting (incl. crane services). Contact Name: Jeff Greytok 361-563-1070 Project: Spring Branch ISD Northbrook Middle School Gymnasium Lighting Date: December 2018 to January 2019 Contract Total: $48,183.00 Details: Remove and replace high bay lighting with LED lights. Rush project/sensitive deadline met. Page 12 Turner Power & Construction, LLC/Completed Project List/Ver.3/2021 I --- Mfl= 8 1 a 9 Lail &Ito] a a V4 &K61 11 e.1gi Project: GAVI Electrical Build Out (IAH Airport) —Owner: OTG Date: May 2018 to August 2018 Contract Total: $419,211.40 Wetails: New construction electrical circuitry, lighting and service installation/packagen 713-376-3984 Project: Harvey Electrical Repairs — City of Houston Date: August 2017 to March 2018 Contract Total: $1,350,000.00 Details: Removed damaged circuitry, transformers, breakers and numerous other damaged equipment due to Hurricane Harvey. Provided and installed all of the above for 3 City of Houston facilities (Breaswood, 61 Rienser & 62 Riesner), Provided temporary generator power to buildings until all equipment was on permanent power. I I Ago W I I ra."s 0 0 p. 17M MK"'haeLrnaresR� fle,�'orn Project: Complete Building Renovations (Interior& Exterio Contract Total $1,680,292.58 1 Date: September 2017 to June 2018 Details: Self -preformed complete renovations. Rewired and replaced all electrical circuitry, lighting and service to the building. Page 13 Turner Power & Construction, LLC/Completed Project List/Ver.3/2021 Daryl Wayne Turner 4335 Kirby Oaks Dr. North, Seabrook, TX 77586 1713-253-3063 1 Darylt34@comcast-ne't Date of Birth: September 23, 1954 - Houston, Texas Texas Driver's License #7470158 - Commercial & MC Texas Master Electrical License 434334 1st through 12th grade at Spring Branch LS.D. - Graduated from Spring Woods High School Completed Associated Independent Contractors Apprentice School Completed Associated Independent Contractors Journeyman School Completed Associated Independent Contractors Master Electrician School Completed Associated Independent Contractors National Electrical Code Changed and Interpretation Course Completed West Coast Electrical Master Electrician School Competed Stalcup Master Electrician Course Completed OSHA 1000 Safety Training - individual Courses on Ladder, Scaffold, Fall Protection, Forklift, Lifting and Rigging, MSDS, Hazardous Communication Program, First Aid, CPR, Power Actuated Tools, Electrical Lock -out Tag -out, Theft Prevention, Personnel Lifts ffimul= Worked as an electrical summer helper during high school Worked as electrical helper during senior year of high school and through vocational program Worked as Journeyman Electrician since 1973 Worked as Master Electrician since 1980 WMEMBE= All phases of residential, commercial and industrial electrical and general construction High voltage distribution, maintenance, and construction Motor control circuitry design and installation Underground duct bank and power distribution installation Pole line power distribution and installation Exterior lighting design and installation, specializing in Sports and Area lighting Emergency distribution equipment troubleshooting and repair for Turner Power & Construction and other electrical contractors on an emergency basis Performed duties of Helper, Journeyman Electrician, Foreman, Master Electrician, Superintendent, Estimator and Purchasing for electrical contractor as well as the duties of the Owner of an electrical contracting business in connection with electrical projects up to $3,500,000.00 (Project list available) Experienced equipment operator including bull dozers, loaders, ditching equipment, back -hoes, cranes, man -lift equipment and bucket trucks Performed site and product investigation, accident reconstruction, product testing, equipment analysis, code and design compliance in connection with electrically related accidents and equipment failure Performed as expert consultant and provided testimony in civil and criminal suits for the defense and prosecution (Case list available) Performed duties as Safety Director and Compliance Coordinator for Turner Electric Company, Turner Electrical Services Co., KT Building Services, Inc., George Wright Electric Co. and Screen Graphics, Inc. Employment sour Employed by Turner Electric Company from 1970 - 1989 and held the title of 1st Vice President Owner and Operator of Two Turner's Electric Company d.b.a. Turner Electric Company from 1989 - 2003 Manager/Consultant and Vice President of Turner Electrical Services Company from 2004 - 2013 Owner and Vice President of ITT Building Services from 2005 - 2013 Current Owner and President of Turner Power Systems & Contractor, LLC d.b.a. Turner Power & Construction, LLC Served on the Board of Directors for three (3) years for Independent Electrical Contractors Association Served on Board of Directors for three (3) years, Vice President for one (1) year and President for six (6) years for Texas Offshore Performance Powerboat Squadron Charity Chairman for Galveston Children's Center Event Coordinator for TPA Coordinated and assisted with numerous charity organizations and benefits ranging from individual benefits to organizations such as Houston Police Department, Harris County Sherriffs Department, APBA, TOPPS, Galveston's Children's Center, Stevens and Pruett Ranch, St. Jude's Hospital, Houston Livestock Show and Rodeo and acted as Auctioneer at numerous charity events and benefits We at TPC would like to introduce our company to you and your organization and to inform you of the services we offer. We hope you will give us consideration for any future Electrical or Construction/Repair requirements you may have. Most of the work is done by our own in house personnel. We offer 24-hour service calls, immediate response to emergency situations and eUerience courteous service technicians. Some of the in house electrical services we offer are: • High Voltage Distribution, Construction, Maintenance • Design -build of electrical systems, large and small • Commercial/Tridustrial Estimating Department • On -site consultation with you regarding your electrical needs at no cost to you. • Readily available equipment including trenching machinery, backhoes, boring equipment and crane truck. We specialize in the following projects: • Sports lighting for Baseball, Soccer, Football, and Track fields (Installation and Maintenance) • New construction/remodels of existing facilities • Emergency repairs to Electrical Distribution Systems damaged due to storms, copper theft, vandalism or water/fire damage. • Repairs to Underground Electrical Distribution Systems • Stand-by generator installations, commercial and residential • Parking lot, street lighting fixture/pole installation/maintenance • Demolition, debris removal, site clean-up and tree removal New Construction • Drywall framing, drywall, tape and floating • Floor prep, floor covering, and concrete repairs • Door and frame installation and repairs • Ceiling installation and repairs • Water and storm clean-up and damage repair • Metal building installation and repair and additions • Crane, bucket truck, backhoe and trenching services • Equipment removal and replacement V • Specialty tank and process piping • Required occupancy repairs • Shelving and pallet racking installation and repair 17/044J I N-02 Turner Power Systems & Contractor, LLC d.b.a. Turner Power & Construction, LLC TPC Services Ltr — ElQctrical & Constmctioa Page 1 of 2 Other Special Services — offered with the assistance of a Qualified Contractor: • HVAC Installation, repairs and maintenance • Plumbing • Roof repairs • Masonry services • Slab leveling and pavement repairs • Landscape services • Architectural and Engineering servicing TPC is licensed, bonded, and maintains full insurance coverage including Workers Compensation. We have personnel on staff to immediately assist you and provide service 24 hours a day, 7 days a week. Main Office 713-253-3063 Emergency Contact / After Hours: 713-253-7253 Daryl Turner 713-829-6858 Ron Moser 713-724-4747 Kyle Cline Alternate Contact: 936-718-7749 Kimberly Turner -Nelson Thank you for this opportunity to introduce Turner Power & Construction, LLC. We can provide a wide range of services to assist you with your electrical and construction needs. We look forward to meeting with you in the future. Sincerely, Daryl Turner President 17/044]N-02 Turner Power Systems & Contractor, LLC d.b.a. Turner Power & Construction, LLC TPC Services Ur— Electrical & Constrttcfion Page 2 of 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 12, 2021 Requested By: Grady Parker, Manager Department: Administration/IT rt Report c- Resolution Ordinance Exhibits: Renewal & Uoarade Contract.odf Appropriation Source of Funds: 001 -General Fund Account Number: 001-6066-519.7003 Amount Budgeted: $22,865.00 Amount Requested: $22,776.00 Budgeted Item: (*' Yes (' No SUMMARY & RECOMMENDATION In 2016,the City of La Porteentered into a 36 month contract with AT&T to supply the City of La Porte internet services at the speed rate of 100MBPS (Megabits per second) at a cost of $1,400.90 per month ($16,810.80 Annually). Currently, the City has migrated to the AT&T hosted voice system, along with the increasing internet demands of the City, technology staff is recommending to upgrade our internet speed to 1GBPS (Gigabit per seconds) during this renewal cycle. With this upgrade our internet speeds will be 10 times faster than our current speeds, at a cost of $2,594 per month ($31,128.00 Annually). For the current fiscal year 2021 we will only be paying AT&T $12,970.00. The technology division will increase our AT&T annual internet budget by $14,317.20 for the next three budget years. Internet services cost for FY21 14,000.00 $12,970.00 12,000.00 $9,806.30 10,000.00 8,000.00 6,000.00 4,000.00 2,000.00 0.00 AT&T Internet Cost October to AprilMay to September The City has had a service agreement for internet services for at least ten (10) years and the agreement has been through AT&T. Every three (3) years, IT budgets and renews the internet agreement with AT&T. City staff has not had any issues with support from AT&T during the tenure of their service agreements and recommends approval of the renewal agreement with AT&T. Benefits: The renewal is with AT&T that the City of La Porte has worked with over the past 10 years who has provided the City with internet as well as phone services. The renewal ensures the City of La Porte has immediate support through web portal. The renewal and upgrade ensures the City Of La Porte has a guaranteed internet speed of 1GBPS (Gigabits per seconds), this is 10 times faster than our current internet speeds. Liabilities: The technology internet budget will be increased by $14,317.20 annually for the next three (3) budget years. Staff recommends approval of the internet renewal and upgrade for a 36-month term with AT&T, in the annual amount of $31,128.00. ACTION REQUIRED BY CITY COUNCIL Approve the three (3) year renewal and upgrade of the Cities internet services with AT&T in the annual amount of $31,128.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Sales Contact Information PRATT; NATASHA 713-567-8508 nl5132@att.com Contract Id: 7716592 eSign F a x C o v e r S h e e t To: From: AT&T Automated Fax Handling Service Fax: 877-374-4632 or 877-eSignFax Total Pages: 10 (Excluding Fax Cover Sheet) esign@att.com Or with Copiers / Scanners w/ email, Send To: To sign via fax: 1. Sign, Title and Date the document where applicable, 2. Fax back documents in the following order: Contract Id: 7716592 I. eSign Fax Cover Sheet for Contract Id: 7716592 II. All Pages stamped with 3. If there are additional documents, use the corresponding eSign Fax Cover Sheet(s) as separator(s) and Fax back as in 2.I and 2.II. (see Picture below) Request Id: 2200605 Contract Id: 7716592 Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE CustomerAT&T City of La Porte AT&T Corp. Street Address: 3001 N 23rd Street City: LA PORTE State/Province: TX Zip Code: 77571 Country: United States Customer Contact (for Notices)AT&T Contact (for Notices) Name: Grady Parker Name: NATASHA PRATT Title: IT Manager Street Address: 6500 WEST LOOP S 01A12A Street Address: 3001 N 23rd Street City: BELLAIRE State/Province: TX City: LA PORTE Zip Code: 77401 Country: United States State/Province: TX Telephone: 7135678508 Zip Code: 77571 Email: nl5132@us.att.com Country: United States Sales/Branch Manager: MINISTER, TATUM Telephone: 2814705034 SCVP Name: GEORGE SPENCER Email: ParkerG@laportetx.gov Sales Strata: Retail Sales Region: USA With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Solution Provider or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code: This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above and shall become effective when signed by authorized representatives of both parties (“Effective Date”). CustomerAT&T (by its authorized representative)(by its authorized representative) By:By: Name: Name: Title: Title: Date: Date: AT&T and Customer Confidential Information Page 1 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE This Pricing Schedule shall replace and supersede in its/theirentirety the following AT&T Dedicated Internet (“ADI”), Service Order Attachment(s) and/or Pricing Schedule(s) between AT&T and Customer: MIS1434231 1. SERVICES ServiceService Publication Location AT&T Dedicated Internet (ADI)http://serviceguidenew.att.com/sg_flashPlayerPage/MIS AT&T Bandwidth Serviceshttp://serviceguidenew.att.com/sg_flashPlayerPage/BWS 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term36 months Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period Service Components Prior to Completion of Minimum Payment Periodper Service Component Longer of 12 months or until the end All Service Components 50% of the Pricing Schedule Term 4. SERVICE OR SERVICE COMPONENT WITHDRAWAL AT&T may discontinue a Service or Service Component as provided in the applicable Service Guide and in the case of a Service or Service Component that is supplied to AT&T by a third party service provider upon thirty(30) days written notice. 5. RESALE OF SERVICES (US Mainland, and HI only) Customer may resell the Service. 6. RATES (US Mainland, and HI only) Section I: AT&T Dedicated Internet Access Bandwidth # Table 1: ADI N x 10 Gig Ethernet* – Flat Rate Billing Option SpeedADI Monthly Service Fee List PriceDiscount 2x -10.0 Gbps$1,500,0000.00% 3x -10.0 Gbps$2,220,0000.00% 4x -10.0 Gbps$2,920,0000.00% * Service not available with MPLS PNT. # Pricing also applies to Service locations in Alaska. AT&T and Customer Confidential Information Page 2 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE Table 2: DNS Services OptionMonthly Service Fee Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilobytes of $100 per DNS increment zone file data) Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 $100 per DNS increment Kilobytes of zone file data) Table 3: ADI and MARO Features - Installation Fees Discount: 0.00% Undiscounted Installation Fee List Price Option ADI & ADI w/Managed Router MARO - Outbound Load Balancers (2) (Dual Managed Customer Routers)$1,000 Table 4: ADI Tele – Installation Discount: 100.00% ADI SpeedUndiscounted ADIUndiscounted ADI w/ Managed Router 56 Kbps$1,000$1,000 128 Kbps - 1.5 Mbps$1,000$1,000 NxT-1$2,500$2,500 Tiered/Full T-3$5,000N/A Tiered OC-3, OC-12, OC-48$10,000N/A ## Ethernet$1,500$1,500** # 10 Gig Ethernet* and up$1,500$1,500 * Service not available with MPLS PNT. **Pricing available for ADI speeds of 100 Mbps and below and with electrical interfaces only. # Pricing also applies to Service locations in Alaska. Table 5: On-Site Installation Discount: 100.00% ADI SpeedUndiscounted ADI w/ Managed Router Only 56 Kbps $999 128 Kbps - 1.5 Mbps $999 NxT-1 $999 Tiered/Full T-3 $1,000 Tiered OC-3, OC-12, OC-48 $10,000 Ethernet $1,500* 10 Gig Ethernet and up $1,500 Nx10Gig Ethernet $3,500 * Pricing also applies to Service locations in Alaska. AT&T and Customer Confidential Information Page 3 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE Table 6: Flexible Bandwidth Billing Option – Ethernet* Incremental Usage Fee Discount: 83.00% Discount applied to ADI & ADI w/Managed Router Discount: 83.00% This discount applies to all Tiered Bandwidth This discount applies to all Tiered Bandwidth Minimum Commitments in this table Minimum Commitments in this table unless an unless an override discount is indicated. override discount is indicated. Tiered Bandwidth ADI Undiscounted ADI with Managed Router Undiscounted Incremental Usage Fee Minimum CommitmentMonthly FeeUndiscounted Monthly FeePer Mbps Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 0.5 Mbps$257$385$940 1.0 Mbps$258$386$510 1.5 Mbps$259$387$380 2 Mbps$260$388$355 3 Mbps$261$389$340 4 Mbps$262$390$325 5 Mbps$263$391$270 6 Mbps$264$392$250 7 Mbps$265$393$245 8 Mbps$266$394$235 9 Mbps$267$395$230 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 10 Mbps$268$396$198 15 Mbps$359$487$162.33 20 Mbps$449$577$144.25 25 Mbps$542$670$134.00 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 30 Mbps$633$761$126.83 35 Mbps$680$854$122.00 40 Mbps$812$945$118.13 45 Mbps$817$950$105.56 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 50 Mbps$813$955$95.50 60 Mbps$946$1,100$91.67 70 Mbps$1,032$1,200$85.71 75 Mbps$1,118$1,300$86.67 80 Mbps$1,204$1,420$88.75 90 Mbps$1,290$1,500$83.33 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 100 Mbps$1,400$1,555$77.75 120 Mbps$1,770$1,937$80.71 144 Mbps$1,790$1,960$68.06 150 Mbps$1,800$1,965$65.50 155 Mbps$1,820$2,020$65.16 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 200 Mbps$2,000$2,100$52.50 250 Mbps$2,150$2,240$44.80 300 Mbps$2,250$2,620$43.67 AT&T and Customer Confidential Information Page 4 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE Incremental Usage Fee Discount: 83.00% Discount applied to ADI & ADI w/Managed Router Discount: 83.00% This discount applies to all Tiered Bandwidth This discount applies to all Tiered Bandwidth Minimum Commitments in this table Minimum Commitments in this table unless an unless an override discount is indicated. override discount is indicated. Tiered Bandwidth ADI Undiscounted ADI with Managed Router Undiscounted Incremental Usage Fee Minimum CommitmentMonthly FeeUndiscounted Monthly FeePer Mbps Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 350 Mbps$2,500$3,125$44.64 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 400 Mbps$2,700$3,380$42.25 450 Mbps$3,000$3,720$41.33 500 Mbps$3,500$4,325$43.25 550 Mbps$3,650$4,425$40.23 600 Mbps$4,096$4,840$40.33 622 Mbps$4,117$5,000$40.19 Discount applied to ADI & ADI w/ Managed Router for the following: Incremental Usage Fee Discount for the following: 700 Mbps$4,199$5,240$37.43 800 Mbps$4,301$5,440$34.00 900 Mbps$4,403$5,540$30.78 1000 Mbps$4,505$5,620$28.10 * Pricing also applies to Service locations in Alaska (Override discounts are not applicable to Service locations in Alaska). # Table 7: Flexible Bandwidth Billing Option – ADI 10 Gig Ethernet* Incremental Usage Fee Discount: 88.00% ADI & ADI w/Managed Router Discount: 88.00% Applies to all Tiered Bandwidth Minimum Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override Commitments in this table unless an override discount is indicated. discount is indicated. Tiered Bandwidth Minimum ADI Undiscounted ADI with Managed Router Undiscounted Incremental Usage Fee Commitment Monthly FeeUndiscounted Monthly Fee Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% .5 Gbps$5,658$7,000$70.00 1.0 Gbps$6,400$9,950$49.75 Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 1.5 Gbps$8,727$10,909$36.36 2.0 Gbps$9,091$12,276$30.69 2.5 Gbps$11,244$15,215$30.43 Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 3.0 Gbps$13,309$17,981$29.97 3.5 Gbps$14,400$19,462$27.80 4.0 Gbps$16,015$21,591$26.99 Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 4.5 Gbps$16,771$22,720$25.24 AT&T and Customer Confidential Information Page 5 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE Incremental Usage Fee Discount: 88.00% ADI & ADI w/Managed Router Discount: 88.00% Applies to all Tiered Bandwidth Minimum Applies to all Tiered Bandwidth Minimum Commitments in this table unless an override Commitments in this table unless an override discount is indicated. discount is indicated. Tiered Bandwidth Minimum ADI Undiscounted ADI with Managed Router Undiscounted Incremental Usage Fee Commitment Monthly FeeUndiscounted Monthly Fee Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 5.0 Gbps$18,196$24,553$24.55 5.5 Gbps$19,636$26,502$24.09 6.0 Gbps$21,309$28,768$23.97 Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 6.5 Gbps$22,589$30,499$23.46 7.0 Gbps$24,218$32,727$23.38 7.5 Gbps$25,760$34,793$23.20 8.0 Gbps$26,953$36,387$22.74 Incremental Usage Fee Discount for the Discount applied to ADI for the following: 88.00% following: 88.00% 8.5 Gbps$28,233$38,115$22.42 9.0 Gbps$28,931$39,069$21.71 9.5 Gbps$29,527$39,855$20.98 10.0 Gbps$30,909$41,716$20.86 * Service not available with MPLS PNT. # Pricing also applies to Service locations in Alaska (Override discounts are not applicable to Service locations in Alaska). Table 8: Class of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: 94.00% # SpeedClass of Service Monthly Fee – List Price* (w/ or w/out Managed Router 56 Kbps**$225 128 Kbps**$225 256 Kbps**$225 384 Kbps**$225 512 Kbps**$225 768 Kbps$225 † 1024 Kbps**$225 1.5 Mbps$225 2xT-1 (3 Mbps)$225 3xT-1 (4.5 Mbps)$225 4xT-1 (6 Mbps)$225 5xT-1 (7.5 Mbps)$225 6xT-1 (9 Mbps)$225 7xT-1 (10.5 Mbps)$225 8xT-1 (12 Mbps)$225 10 Mbps$825 15 Mbps$1,075 20 Mbps$1,325 AT&T and Customer Confidential Information Page 6 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 AT&T MA Reference No. 201606092529 AT&T PS Contract ID MIS14192971 AT&T DEDICATED INTERNET PRICING SCHEDULE # SpeedClass of Service Monthly Fee – List Price* (w/ or w/out Managed Router 25 Mbps$1,575 30 Mbps$1,825 35 Mbps$2,100 40 Mbps$2,350 45 Mbps$2,750 155 Mbps$2,750 * Charges waived for Sites with AT&T BVoIP Service. **no real-time class available. † () Speed not available with MPLS PNT. # Pricing also applies to Service locations in Alaska. Table 9: Class of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: 94.00% # SpeedUndiscounted ADI w/ or w/out Managed Router Monthly Service Fee* Up to 1.5 Mbps$225 2.0 Mbps$285 2.01 - 3.0 Mbps$360 3.01 - 4.0 Mbps$435 4.01 - 5.0 Mbps$510 5.01 - 6.0 Mbps$575 6.01 - 7.0 Mbps$640 7.01 - 8.0 Mbps$705 8.01 - 9.0 Mbps$765 9.01 to 10.0 Mbps$825 10.01 to 15.0 Mbps$1,075 15.01 - 20.0 Mbps$1,325 20.01 - 25.0 Mbps$1,575 25.01 - 30.0 Mbps$1,825 30.01 - 35.0 Mbps$2,100 35.01 - 40.0 Mbps$2,350 40.01 – 45 Mbps$2,750 45.01 – 155 Mbps$5,000 200 - 250 Mbps$5,400 300 - 350 Mbps$5,800 400 - 600 Mbps$6,200 622 Mbps$7,000 700 – 1000 Mbps$7,800 1.5 Gbps**$7,900 2.0 Gbps**$8,000 2.5 Gbps**$8,100 3.0 Gbps**$8,200 3.5 Gbps**$8,300 4.0 Gbps**$8,400 4.5 Gbps**$8,500 5.0 Gbps**$8,600 AT&T and Customer Confidential Information Page 7 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 # SpeedUndiscounted ADI w/ or w/out Managed Router Monthly Service Fee* 5.5 Gbps**$8,700 6.0 Gbps**$8,800 6.5 Gbps**$8,900 7.0 Gbps**$9,000 7.5 Gbps**$9,100 8.0 Gbps**$9,200 8.5 Gbps**$9,300 9.0 Gbps**$9,400 9.5 Gbps**$9,500 10.0 Gbps and up**$9,600 *Charges waived for Sites with AT&T BVoIP Service. ** Speed not available with MPLS PNT. # Pricing also applies to Service locations in Alaska. Table 10: Class of Service Option – Aggregate Billing Option** - Monthly Service Fees Discount: 94.00% # SpeedUndiscounted ADI w/ or w/out Managed Router Monthly Service Fee* T3 (up to 45 Mbps)$2,750 OC3 (up to 155 Mbps)$5,000 OC12 (up to 622 Mbps)$7,000 Ethernet (up to 1000 Mbps)$7,800 OC48 (up to 2500 Mbps)$8,100 10 Gigabit Ethernet (up to 10000 Mbps) and up$9,600 *Charges waived for Sites with AT&T BVoIP Service. **Not available with MPLS PNT. Table 11: Class of Service Option - Installation Fees Discount: 100.00% # Class of Service Undiscounted Installation Fee*$1,000 *Charges waived for Sites with AT&T BVoIP Service. # Pricing also applies to Service locations in Alaska. Table 12: Local Access LocationAccess BandwidthLocal Access Non-Recurring ChargeLocal Access Net Monthly Recurring Charge 3001 N 23RD ST, LA PORTE, MIS Ethernet $0.00$600.00 TX, US 77571Access 100 Mbps 3001 N 23RD ST, LA PORTE, MIS Ethernet $0.00$750.00 TX, US 77571Access 250 Mbps 3001 N 23RD ST, LA PORTE, MIS Ethernet $0.00$850.00 TX, US 77571Access 500 Mbps 3001 N 23RD ST, LA PORTE, MIS Ethernet $0.00$950.00 TX, US 77571Access 1000 Mbps 3001 N 23RD ST, LA PORTE, MIS Ethernet $0.00$1,400.00 TX, US 77571Access 10000 Mbps AT&T and Customer Confidential Information Page 8 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 Table 12: ADI + NCS Installation Discount: 0.00% FeatureUndiscounted Installation Fee List Price ADI ADI + NCS Site Preparation Fee$2,500 SM Section II: AT&T Business in a Box Table 1: Service Component Replacement – Next Business Day Shipped (5x8) Monthly Charges Discount: 100.00% * Service Component / DeviceUndiscounted MRC Base Unit NextGen$50 Base Unit 12 Port$70 Base Unit 24 Port$30 Base Unit High Bandwidth$75 8 Port Analog Module Add-On$35 * Pricing also applies to Service locations in Alaska Table 2: On-Site Maintenance (24X7X4) Monthly Charges Discount: 100.00% * OptionUndiscounted MRC Base Unit NextGen$75 Base Unit 12 Port$95 Base Unit 24 Port$35 Base Unit High Bandwidth$85 8 Port Analog Module Add-On$40 * Pricing also applies to Service locations in Alaska Table 3: Life-Cycle Management Charges - Service Charges Discount: 100.00% * Per Site / Per Occurrence during Standard Business Hours (Monday- Undiscounted Service Charge List Price Friday, 8:00 am- 5:00 pm, local time) Additional Service$260 Delete Service$500 * Pricing also applies to Service locations in Alaska. Table 4: Class of Service Option - when ordered with AT&T BVoIP Services only Discount: 100.0% Class of Service Monthly Service Fee$225* * Pricing also applies to Service locations in Alaska. AT&T and Customer Confidential Information Page 9 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS Contract Id: 7716592 Table 5: IP Version Change Discount: 100.00% IP Version Change – Per Site, Per Occurrence$500* * Pricing also applies to Service locations in Alaska. Section III: Additional Service Fees Moving Fee (during hours)$1,000 per location* Additional Moving Fee (outside standard operating hours – 8:00 a.m. to 5:00 p.m. Monday through Friday)Additional $500 per location* *Subject to availability, pricing also appliesto Service locations in Alaska This is the last page of the Pricing Document. AT&T and Customer Confidential Information Page 10 of 10 ASAP! SR 1-DPKE6K0 – LN1216 – 08.13.2020 – RLR 1015945v5PS ADI REPLACEMENT 2014 4/04/2018 MIS Standard 2014 Rate PlanAT&T Solution No. FMO597165423170 ROME ID 1-DOHOASS REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April 12, 2021 N/A Source of Funds: Requested By:Corby Alexander, City Manager Department:Administration/CMO N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Public Hearing Notice, Location Map, Budgeted Item:YesNo Information Sheet& PID No Agenda Item 2008 SUMMARY& RECOMMENDATION A developer has approached the City of La Porte concerning the development of approximately +/-56.7 acres at the corner of Wharton Weems and State Highway 146. The developer is requestingthe City Council approve the creation of Public Improvement District Number Two would be approximately +/-56.7 acres representing the entirety of the proposed residential subdivision that will be developed in several sections containing 250 lots. The land is located at the intersection of State Highway 146 and Wharton Weems Boulevard as shown on the attached map. Also, PID No. 2will be located within La Porte TIRZ No. 1. The above referenced tract was included in La Porte PID No. 1, which was created in 2008. This PID was created but never fully implemented. No assessments were made to any of the properties south of Wharton Weems.The PID currently for consideration would replace the original but exclude property south of Wharton Weems.Included in this packet is information considered by City Council in 2008 when the original PID was established. Purpose The purpose of the PID is to assist the developer with public infrastructure costs. Through the PID, the developer will recover certain costs through an assessment on each lot.The La Porte TIRZ No. 1 willalso be used to reimburse for public infrastructure, including water, sewer, and drainage for the subdivision; however, the TIRZ has only 9years remaining and does not have the capacity to cover all of those costs so a PID assessmentis being sought to cover any remaining infrastructure costs. Please note, staff will bring an agenda item to the City Council to consider extending the TIRZ by 5 years. Assessment Rate The PID assessment is expected to be approximately $1,925 per lot per year on the larger lots, or the equivalent of a 70-cent tax rate (per $100) on a $275,000 home. The assessment will be $1,505 on the smaller lots, or the equivalent of a 70-cent tax rate (per $100) on $215,000 homes. Included in the annual payment are financing and interest costs allowing for a level annual payment over the proposed thirty (30) year term of the PID. For planning purposes, the principal amount for each lot equals $27,653 (larger lots) and $21,131 (smaller lots) and the interest rate on financed assessments is 3%. The principal amount of the assessment will be payable at any time by the homeowners which would terminate the assessment, and an amortization schedule will be kept for each property covered by the assessment to track annual payments and the outstanding principal balance. Total assessments (principal and interest), if paid over 30 years, would range $45,150 and $57,750. Disclosure Proper disclosure notices detailing the assessment will be presented to potential homebuyers by the builders, and for acknowledgement at closing in the same manner as disclosure notices used in MUDs and other special districts with an ad valorem tax rate. Actions Required by City Council: 1. Public Hearing - Tonight, staff request that the City Council conduct a public hearing. Public Notice of this public hearing was published in The Bay Area Observer, a local newspaper of general circulation on March 18, 201. City Council will consider the advisability of the creation of a public improvement district to make certain improvements over certain property located within the corporate limits of the City of La Porte. The improvements are the construction of public water, sanitary sewer, drainage facilities, street paving, engineering, financing, and related costs and improvement within the PID No. 2. The estimated costs of the improvements, including financing, are $13.5 million over the life of the PID. The proposed method of assessment is by value, per lot, or per square foot of benefited property. The proposed apportionment of cost is 100% to the PID and 0% to the municipality as a whole. 2. Development Agreement - Once City staff and the developer have agreed-upon a reasonable development agreement, the La Porte Redevelopment Board/TIRZ Board will consider the formal approval of the development agreement. 3. Consideration of Resolution of Findings of Fact City Council would need to approve a resolution making findings in connection with the proposed City of La Porte PID No. 2 related to the advisability of the improvements, the nature of the improvements, the estimated cost of the improvements, the boundaries of the proposed district, the method of assessment and the apportionment of cost between the PID N. 2 and the City as a whole, and making other findings related to the PID No. 2. Staff would bring this resolution to City Council for consideration th at the April 26 City Council meeting. 4. Consideration of the Resolution Creating the PID Once a resolution of findings of fact has been approved, the City Council would need to approve a resolution authorizing the establishment of the City of La Porte PID No. 2 in the City of La Porte, Texas. Additionally, the resolution would authorize publication of this resolution, providing for the preparation of service and assessment plan, and make other provisions related to the creation of the PID No. 2. Staff would bring th this resolution to City Council for consideration at the April 26 City Council meeting. 5. Service and Assessment Plan - If created, the PID would still need City Council approval of the Service and Assessment Plan and all Assessment Rolls (i.e. no assessments can be implemented without City Council approval). The District Administrator will write the Service and Assessment Plans and formulate the Assessment Rolls for consideration by City Council. The District Administrator will work with the City and the Harris County Tax Assessor to have the assessments placed on the County tax bills. The PID assessments will be collected on an annual basis in the same manner as property taxes and transferred to a City-established PID revenue fund. Staff recommends the La Porte City Council hold a public hearing to consider the advisability of the creation of a public improvement district to make certain improvements on the +/- 56.7 acres at the corner of Wharton Weems and State Highway 146 Frontage Road in La Porte, Texas. ACTION REQUIRED BY CITY COUNCIL Public Hearing to receive public comments concerning the proposed creation of a . Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date tǒĬƌźĭ LƒƦƩƚǝĻƒĻƓƷ 5źƭƷƩźĭƷ ΛtL5Μ bƚ͵ Ћ \[ƚĭğƷźƚƓ /ƚǒƓĭźƌ LƷĻƒ LƓŅƚƩƒğƷźƚƓ {ŷĻĻƷ Ώ tƩƚƦƚƭĻķ /źƷǤ ƚŅ \[ğ tƚƩƷĻ tǒĬƌźĭ LƒƦƩƚǝĻƒĻƓƷ 5źƭƷƩźĭƷ ΛtL5Μ bǒƒĬĻƩ Ǟƚ ΛtƩƚƦƚƭĻķ {ǒĬķźǝźƭźƚƓΜ Council Action Requested th It is requested that City Council hold a public hearing on April 12 to approve the proposed PID through adoption of the findings and creation resolutions. Area Public Improvement District Number Two would be approximately 56.7 acres representing the entirety of the proposed residential subdivision that will be developed in several sections containing 250 lots. The land is located at the intersection of State Highway 146 and Wharton Weems Boulevard as shown on the attached map. PID 2 will also be located within La Porte TIRZ No. 1. Purpose The purpose of the PID is to assist the developer with public infrastructure costs. This arrangement is similar to a municipal utility district (MUD) and the MUD tax used for the same purpose. Through the PID, the developer will recover certain costs through an assessment on each lot (including street paving and landscaping). La Porte TIRZ No. 1 will be used to reimburse for a certain percentage of the water, sewer, and drainage for the subdivision; however, the TIRZ has only 14 years remaining and does not have the capacity to cover all of those costs so a certain amount will be included in the PID assessment. Assessment Rate The PID assessment is expected to be approximately $1,934 per lot per year on the larger lots, or the equivalent of a 70- cent tax rate on a $275,000 home. The assessment will be $1,495 on the smaller lots, or the equivalent of a 70-cent tax rate on $215,000 homes. Included in the annual payment are financing and interest costs allowing for a level annual payment over the proposed thirty (30) year term of the PID. For planning purposes, the principal amount for each lot equals $27,653 (larger lots) and $21,131 (smaller lots) and the interest rate on financed assessments is 3%. The principal amount of the assessment will be payable at any time by the homeowners which would terminate the assessment, and an amortization schedule will be kept for each property covered by the assessment to track annual payments and the outstanding principal balance. Disclosure Proper disclosure notices detailing the assessment will be presented to potential homebuyers by the builders, and for acknowledgement at closing in the same manner as disclosure notices used in MUDs and other special districts with an ad valorem tax rate. Future Actions If created, the PID would still need City Council approval of the Service and Assessment Plan and all Assessment Rolls (i.e. no assessments can be implemented without City Council approval). The District Administrator will write the Service and Assessment Plans and formulate the Assessment Rolls for consideration by City Council. The District Administrator will work with the City and the Harris County Tax Assessor to have the assessments placed on the County tax bills. The PID assessments will be collected on an annual basis in the same manner as property taxes and transferred to a City- established PID revenue fund. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:April 12, 2021 N/A Source of Funds: Requested By:Michael Dolby, Director Department:Finance N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance Amount Requested:N/A Exhibits:Evaluation Form& Performance Record Budgeted Item:YesNo SUMMARY& RECOMMENDATION Last year, Request for Proposal(RFP)#20503 for Delinquent Ad Valorem Tax Collections Services was released. Proposals were received from Linebarger Gogggan & Sampson, LLP, and Perdue Brandon Fielder Collins & Mott, LLP, both of these firms have performed delinquent tax collection services for the City of La Porte.One of the factors of the evaluation criteria was the demonstrated results of the performance of the firm for delinquent tax collections. The criteria was based on a three(3)year period of four (4) of theirexisting municipal clientswhich are similar in size to the City of La Porte.City Council voted to postpone action on this RFP to allow staff to include City of La Porte collection records as part of the evaluation process. OntheMarch 23, 2020La PorteCity Council Agenda, staff presented the performance records of both firms with the City of La Porte collections added to the records, City Council voted to reject both proposals. Staff is looking for direction on the basis of the performance record to issue anew RFP. Option 1-Only include collection records from surrounding existing municipal accounts. Option 2-Only include collection records for the City of La Porte. Option 3-Include both collection records from surrounding existing municipal accounts, and collection records from the City of La Porte. The Performance Record Matrix and Evaluation Form is attached that would be used to evaluate the proposal of the RFP. ACTION REQUIRED BY CITY COUNCIL Provide staff direction on which option to move forward with concerning a Request for Proposal (RFP) for Delinquent Ad Valorem Tax Collection Services for the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Attachment A- Performance Record July 1, 2016 - July 1, 2017 -July 1, 2018 - June 30, 2017June 30, 2018June 30, 2019 /ƚƌƌĻĭƷźƚƓ wĻĭƚƩķƭ ŅƚƩ /źƷǤ ƚŅ \[ğ tƚƩƷĻ Number of Accounts Beginning Delinquent Taxes Receivable (DTR) for all delinquent tax years on July 1. Total Delinquent Taxes Collected (DTC) Total Penalties and Interest Collected Collection Percentage (DTC/DTR) for all delinquent tax years Litigation Records Suits Filed Primary Suits Filed Intervenor Suits Number of Demand Letters Dismissals Figures based on the last three years or last contract period with the City of La Porte RFP EVALUATION CRITERIA DELINQUENT TAX COLLECTION SERVICES Maximum CriteriaPts 1.Demonstrated results of the performance of the firm for for delinquent tax collections. (percent of deliquent tax collection as a ratio of delinquent collections receivable) 60% and above collected30 pts30 50%-60% collected20 pts 50%-40% collected10 pts 40% or below collected0 pts 2.Proven experience in the field of delinquent property tax collections. 30+ years25 pts25 25+ years20 pts 20+ years15 pts 15+ years10 pts Less than 150 pts 3.Experience of personnel assigned to the City's account in connection with the collection of delinquent taxes. Lawyers assigned with 20+ year of experience20 pts20 Lawyers assigned with 10+ year of experience15 pts Lawyers assigned with 5+ years of experience10 pts Lawyers assigned with below 5 years of experience0 pts 4.Historical performance levels and demonstrated capabilities (primary suits filed as a ratio of total suits filed) Firm with highest percentage20 pts20 Firm with second highest percentage15 pts Firm with third highest percentage10 ps 5.Clarity of proposal and supporting data All required information submitted5 pts5 Partial required information submitted0 pts TOTAL POINTS100