HomeMy WebLinkAbout09-27-21 Regular Meeting
Service Awards September 27, 2021
The four employees being recognized tonight have a combined 90
years of service to the La Porte community.
Mark Wingate, Facilities Maintenance Technician (15 years)
Mark joined the team in September 2006 as a Park Maintenance
Worker. He transitioned to a Building Maintenance role a year later
and has been providing preventative and corrective maintenance to
LMark transitioned to the Public Works
department along with the rest of the division in 2020 and continues
the never ending work of checking, replacing, and repairing filters,
bulbs, fuses, and so much more in facilities across the City. Mark,
thanks so much for your service to La Porte.
Moises Sanchez, Senior Utility Maintenance Operator (20 years)
Moe started as a Utility Operator I in 2001, was promoted to Level II
position in 2006, and became a Senior Operator in 2007. He holds a
Class II Wastewater Collection Operator license as well as Class C
Water Distribution Operator license. His knowledge and expertise
are tremendous assets to the community. If new water or sewer
service was installed in the past few years, Moe was probably
responsible for making it happen. Thanks for your years of service to
La Porte.
Dean Sanders, Golf Course Superintendent (25 years)
25 years ago, Dean Sanders officially joined the ranks of full time City
employees. He had already worked part time for a few years as a
cart attendant and range helper. Since then he has worked as a Golf
Course Worker and Senior Golf Course Worker and, in March of this
year, he was promoted to Superintendent of the course. Bay Forest
has a great reputation as a well-maintained and enjoyable course to
play and Dean has been a part of that for 25 years. Dean, thanks so
much for the work you do.
Lisa Camp, EMS Chief (30 years)
Chief Camp has been providing world class emergency medical
service to the La Porte community since she joined the team in 1998.
In that time she has worked her way up the ranks to become
Paramedic, Lieutenant, and Assistant Chief, and has now been the
CitChief for two years. Lisa has represented the Department
job,
including participating in deployments out of state after natural
disasters, career days at La Porte schools, food drives for local
organizations, and other community service projects. The La Porte
EMS team is an award-winning team in a variety of areas and Chief
Camp leadership has played a big part in that. She is a fantastic
example of what public service is all about and we look forward to
many more years of service with her. Lisa, thank you so much.
LOUIS R. RIGBY
BILL BENTLEY
Mayor
CouncilpersonDistrict 3
BRANDON LUNSFORD
THOMAS GARZA
CouncilpersonAt Large A
CouncilpersonDistrict 4
BRENT McCAULLEY
JAY MARTIN
CouncilpersonAt Large B
Mayor Pro Tem
MANDI WILLIAMS
CouncilpersonDistrict 5
CouncilpersonDistrict 1
ROBBIE McLARRIN
CHUCK ENGELKEN
CouncilpersonDistrict 6
Councilperson District 2
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 13, 2021
The City Council of the City of La Portemet in a regularmeetingonMonday, September 13, 2021,
at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., 2021,
withthe following in attendance:
Councilpersons present: Louis Rigby,Brandon Lunsford,Brent McCaulley, Mandi Williams, Chuck
Engelken,Bill Bentley, Jay Martin, Robbie McLarrin
Councilpersons attending remotely: Thomas Garza
Councilpersons absent: None
Council-appointed officers present:Corby Alexander, City Manager;Lee Woodward, City Secretary;
Clark Askins, AssistantCity Attorney
CALL TO ORDER Mayor Rigbycalled the meeting to order at6:00p.m.
2.INVOCATION The invocation was given by Reverend Brian Christenand pledgeswereled by Mayor
Pro Tem Jay Martin.
3.CITIZENCOMMENT(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.)
Terry Matthews spoke of the difficulties with her next door neighbor.
4. CONSIDERATION OF COUNCILPERSON ABSENCES
a. Presentation, discussion, and possible action to consider classification of absences of
Mayor Pro Tem Jay Martin and Councilperson Brent McCaulley at the August 23, 2021, City
Council meeting, under the City Council Attendance Policy. \[Louis R. Rigby, Mayor\]
Councilperson Engelken moved that the absences of Mayor Pro Tem Jay Martin and Councilperson
Brent McCaulley at the August 23, 2021, City Council meeting be excused; the motion was
seconded by Councilperson Bentley. The motion was adopted, 9-0.
5.CONSENTAGENDA(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.Approvethe minutes of the regular CityCouncil meeting, held onAugust 23, 2021. \[Louis
R. Rigby, Mayor\]
b.Adopt Resolution 2021-56 authorizing the City Manager or his designee(s) to post signage
authorized by Texas Penal Code Sec. 46.15(o) prohibiting the carrying of firearms in the
room or rooms where a meeting of a governmental entity is held, and repealing Resolution
2016-06. \[Corby Alexander, City Manager\]
c.Approve three-(3-) year renewal and upgrade of the City's ASEoD services with AT&T in the
annual amount of $152,940.00 \[Grady Parker, IT Manager\]
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September 13,2021,Council Meeting Minutes
d. Approve proposed Meet and Confer Agreement between the City of La Porte and the La
Porte Police Officers Association, for a four- (4-) year term beginning October 1, 2021. \[Matt
Hartleib, HR Manager\]
e. Award the purchase of two (2) Dodge Chargers from Grapevine Dodge through BuyBoard
Contract 601-19 and approve issuing a future Purchase Order to reserve the vehicles, with
payment to be made from the FY2021-22 budget after October 1, 2021. \[Ray Mayo, Director
of Public Works\]
f. Ratify the Emergency Purchase authorized by the City Manager to replace the chiller for the
Municipal Court Building, at a cost of $74,680.00 and additional expense for a temporary
rental unit at $4,697.71, for a total cost of $79,377.71. \[Ray Mayo, Director of Public Works\]
g. Authorize the City Manager to execute a professional services contract with CONSOR
Engineers for the Pecan Park Parking Lot Improvements Project in the amount of
$156,003.15. \[Ray Mayo, Director of Public Works\]
h. Adopt Ordinance 2021-3844 authorizing the City Manager to execute a Water Service
Agreement and a Sanitary Sewer Service Agreement with Matheson Tri-Gas for its
development at 12204 Fairmont Parkway, in the Bayport Industrial District. \[Ray Mayo,
Director of Public Works\]
Councilperson Engelken moved to adopt the consent agenda; the motion was seconded by
Councilperson Bentley; the motion was adopted, 9-0.
6. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES
a. The City Council will hold a public hearing to receive comments regarding a
recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3837
amending the City's Future Land Use Map Component of the Comprehensive Plan for an
approximately 2.1-acre tract of land located at the northwest corner of E. Main St. and S.
Utah St, legally described as Lots 1-27, Block 184, Town of La Porte, by changing the land
use designation from "Commercial" to "Mid-High Density Residential"; followed by
discussion and possible action to adopt Ordinance 2021-3837 amending the City's Future
Land Use Map Component of the Comprehensive Plan for an approximately 2.1-acre tract of
land located at the northwest corner of E. Main St. and S. Utah St, legally described as
Lots 1-27, Block 184, Town of La Porte, by changing the land use designation from
"Commercial" to "Mid-High Density Residential". \[Ian Clowes, City Planner\]
Mayor Rigby opened the public hearing at 6:22 p.m. Raj Shafaii, Bryan Moore, and Rami Shafaii
spoke in support of the development. Barbara Norwine, April Baggett, John Baggett, Mike
Shannahan, and Jim Yancey spoke in opposition to the project. Mayor Rigby closed the public
hearing at 6:50 p.m. Councilperson Bentley moved to deny Ordinance 2021-3837 amending the
City's Future Land Use Map Component of the Comprehensive Plan for an approximately 2.1-acre
tract of land located at the northwest corner of E. Main St. and S. Utah St, legally described as
Lots 1-27, Block 184, Town of La Porte, by changing the land use designation from "Commercial"
to "Mid-High Density Residential"; the motion was seconded by Councilperson Garza. The motion
was not adopted, 4-5, Councilpersons McLarrin, Martin, McCaulley, and Engelken, and Mayor
Rigby voting against.
Councilperson McCaulley moved to adopt Ordinance 2021-3837 amending the City's Future Land
Use Map Component of the Comprehensive Plan for an approximately 2.1-acre tract of land located
at the northwest corner of E. Main St. and S. Utah St, legally described as Lots 1-27, Block 184,
Town of La Porte, by changing the land use designation from "Commercial" to "Mid-High Density
Residential"; the motion was seconded by Councilperson McLarrin. The motion was adopted, 5-4,
Councilpersons Bentley, Lunsford, Garza, and Williams voting against.
b. The City Council will hold a public hearing to receive comments regarding a
recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3834
amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting
Zone Change #21- 92000001, a change from General Commercial (GC) to Medium Density
Residential (R-2) for a 2.1-acre tract of land located at the northwest corner of E. Main St.
and S. Utah St. and legally described as Lots 1-27, Block 184, Town of La Porte; followed by
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September 13, 2021, Council Meeting Minutes
discussion and possible action to consider adopting Ordinance 2021-3834 amending the
Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change
#21-92000001, a change from General Commercial (GC) to Medium Density Residential (R-
2) for a 2.1-acre tract of land located at the northwest corner of E. Main St. and S. Utah St.
and legally described as Lots 1-27, Block 184, Town of La Porte. \[Ian Clowes, City Planner\]
Mayor Rigby opened the public hearing at 7:12 p.m. Raj Shafaii spoke in clarification of
Mayor Rigby closed the public hearing at 7:17 p.m.
Councilperson McCaulley moved to adopt Ordinance 2021-3834 amending the Code of
Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21-92000001,
a change from General Commercial (GC) to Medium Density Residential (R-2) for a 2.1-acre tract
of land located at the northwest corner of E. Main St. and S. Utah St. and legally described as Lots
1-27, Block 184, Town of La Porte; the motion was seconded by Councilperson McLarrin. The
motion was adopted, 5-4, Councilpersons Garza, Lunsford, Bentley, and Williams voting against.
c. The City Council will hold a public hearing to receive comments regarding their
consideration of the proposed City of La Porte, Texas budget for the 2021-22 Fiscal Year;
followed by discussion and possible action to adopt Ordinance 2021-3843, approving the
City of La Porte Fiscal Year 2021-22 Proposed Budget. \[Michael Dolby, Finance Director\]
Mayor Rigby opened the public hearing at 7:22 p.m. Wyatt Smith asked questions about the City.
Mayor Rigby closed the public hearing at 7:44 p.m.
Mayor Pro Tem Martin previously signed a conflict of interest affidavit and did not participate in the
vote taken on the line item for the Chamber of Commerce funding. Councilperson McCaulley
moved to adopt the line item for the Chamber of Commerce funding; the motion was seconded by
Councilperson Bentley. The motion was adopted, 8-0.
Councilperson McCaulley moved to adopt Ordinance 2021-3843, approving the City of La Porte
Fiscal Year 2021-22 Proposed Budget; the motion was seconded by Councilperson Bentley. The
motion was adopted, 8-1, Councilperson Garza voting against, taken as a roll call vote.
7. STATUTORY AGENDA
a. Presentation, discussion, and possible action regarding vote ratifying increase of revenue
from property tax reflected in the La Porte 2021-2022 Fiscal Year Budget. \[Michael Dolby,
Finance Director\]
Councilperson Garza stepped away from the meeting and did not vote on the item. Councilperson
Engelken moved to ratify the increase of revenue from property tax reflected in the La Porte 2021-
2022 Fiscal Year Budget; the motion was seconded by Councilperson Bentley. The motion was
adopted, 8-0.
b. Presentation, discussion, and possible action to adopt Resolution 2021-54, accepting the
2021 Harris County Appraisal District certified appraisal roll for property situated within the
City of La Porte. \[Michael Dolby, Finance Director\]
Councilperson Garza stepped away from the meeting and did not vote on the item. Councilperson
Engelken moved to adopt Resolution 2021-54, accepting the 2021 Harris County Appraisal District
certified appraisal roll for property situated within the City of La Porte; the motion was seconded by
Councilperson Bentley. The motion was adopted, 8-0.
c. Presentation, discussion, and possible action to approve the City's proposed ad valorem
tax rate of $0.71 for the 2021-22 Fiscal Year. \[Michael Dolby, Finance Director\]
Councilperson Garza stepped away from the meeting and did not vote on the item. Councilperson
Engelken moved to approve the City's proposed ad valorem tax rate of $0.71 for the 2021-22 Fiscal
Year; the motion was seconded by Councilperson Bentley. The motion was adopted, 8-0, taken as
a roll call vote.
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September 13, 2021, Council Meeting Minutes
d. Presentation, discussion, and possible action to approve appointments and reappointments
to various City boards, committees, and commissions. \[Louis R. Rigby, Mayor\]
Councilperson Garza stepped away from the meeting and did not vote on the item. Councilperson
Engelken moved to approve appointments and reappointments to various City boards, committees,
and commissions; the motion was seconded by Councilperson Bentley. The motion was adopted,
8-0.
Building Code Appeals Board (3-year terms La Porte Development Corporation (2-year
Position 5 remains unfilled) terms)
Paul Larson for Position 3 Richard Warren
La Porte Area Water Authority Board of La Porte Health Authority (2-year terms)
Directors (2-year terms) Abdul R. Moosa, M.D.
Frank Nance, initial appointment
La Porte Tax Increment Reinvestment Zone
La Porte Fire Control, Prevention, and Number One (TIRZ #1) Board of
Emergency Medical Services District Board Directors/La Porte Redevelopment
of Directors (2-year terms) Authority
Patrick McElroy Peggy Antone
Steve Gillett Alton Porter
Ronald Nowetner Doug Martin
Dewey Walls, Jr.
Planning and Zoning Commission (3-year
Fire Code Review Board (3-year terms) terms/to coincide with term of office of the
Jeff Brown for District 2 position appointing Councilperson)
Jim Bridge for District 5 position Hal Lawler for Chair/Mayoral appointee
Bryan Moore for At-Large A position
Lynn Green for Mayoral position Zoning Board of Adjustments (2-year terms)
Nettie Warren for Position 5
e. Presentation, discussion and possible action to establish a three- (3-) member committee
of elected officials to work with City staff for FY 2021-22 community fencing project
applications and provide staff with direction on possible policy guidelines or other action
regarding requests for community fencing. \[Corby Alexander, City Manager\]
City Manager Alexander said he understood the committee to be an ad hoc committee that would
meet only in years when community fencing was budgeted and that the committee could review
the policy and procedures staff has assembled. Councilperson Garza moved to alter the policy so
that no participant receives more than zero points; the motion did not receive a second and was
not considered
Councilperson McCaulley moved to establish a three- (3-) member committee \[of elected officials
to work with City staff for FY 2021-22 community fencing project applications and provide staff with
direction on possible policy guidelines or other action regarding requests for community fencing\]
and that the Mayor make the appointments; the motion was seconded by Councilperson Engelken.
The motion was adopted, 8-1, Councilperson Garza voting against. Mayor Rigby moved to appoint
Councilperson McCaulley as the chair and Councilpersons Engelken and Bentley as the members;
the motion was seconded by Mayor Pro Tem Martin. The motion was adopted, 7-1, Councilperson
Garza voting against. Councilperson Bentley had stepped away from the dais.
f. Presentation, discussion, and possible action to provide direction to administrative staff on
implementation of remote participation platforms for meetings in City Council Chambers.
\[Louis R. Rigby, Mayor\]
Councilperson Garza moved to continue allowing remote participation by citizens and selected the
proposed option 2b for integration for remote participation for Council and staff; the motion was
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September 13, 2021, Council Meeting Minutes
seconded by Councilperson Bentley. The motion was adopted, 9-0. Councilperson Garza left the
meeting at 8:40 p.m.
8. REPORTS
a. Receive FY 2020-2021 third quarter Capital Improvement Plan program update. \[Jason
Weeks, Assistant City Manager\]
The Council had no questions regarding the report.
b. Receive report regarding the September 13, 2021, meeting of the La Porte Drainage and
Flooding Committee. \[Mayor Pro Tem Martin, Chair\]
Chair Martin reported that the Committee received updates on FEMA plan and how it might
impact residents. The next meeting was set for October 11.
9. ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, September 16
Zoning Board of Adjustment meeting, September 23
La Porte Development Corporation, September 27
City Council meeting, September 27
City Manager Alexander said the EOC had been partially activated and non-essential employees had
been asked to stay home on Tuesday.
10. 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 said housing was necessary to attract other amenities to La Porte; expressed
appreciation for the Emergency Management division and other City staff working on storm
preparations; and addressed comments made during the meeting concerning Council conduct.
ADJOURN Without objection, the Council adjourned at 8:45 p.m.
_______________________________
Lee Woodward, City Secretary
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September 13, 2021, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:Annual Council item Source of Funds:N/A
Department:City Council
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:None
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The majority of the City of La Porte board, commission, and committee positions have
st
terms expiring on August 31of their final year of the respective terms.
The Fire Code Review Board and the Planning and Zoning Commission are the only
positions that are appointed in accordance with specific City Councilmember seats.
Fire Code Review Board(3-year terms)
Andy Wilborn
ACTION REQUIRED BY CITY COUNCIL
Consider approval of appointments and/or reappointmentsas indicated,to fill
positions listed.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 27, 2021
001-General Fund
Requested By:Teresa Evans, Director Source of Funds:
Department:Planning and Development
406 Revenue Series-
Licenses and Permits
Account Number:
ReportResolutionOrdinance
N/A
Amount Budgeted:
N/A
Amount Requested:
Exhibits:None
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
In 2017, following Hurricane Harvey, the City of La Porte waived permit fees for disaster
recovery repairs.Since then, the City Council hasamended the fees for issuance of
residential building, mechanical, electrical and plumbing permitsby amending the Code
of Ordinancesin 2019. Residential trade permit fees have been reduced to $10per
permit. Additionally, the City charges $10 to issue a residential plumbing permit.
In March 2021, again the City Council approved waiving of permit fees for disaster
recovery repairs related to the 2021 Winter Storm. The Planning and Development
Department has received inquiries into whether the City will charge permit fees for
repairs related to the recent hurricanedisaster. The authority to consider and waive
permit fees lies with CityCouncil. Residents will still be required to apply for a permit;
however, no fee or change in the permit process is being recommended. Unfortunately,
these particular fees; this information would need to be provided at a later date.
ACTION REQUIRED BY CITY COUNCIL
Approve or Deny proposed policy to waive residential permit fees related to
repairs necessitated by Hurricane Nicholas.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
001 -General Fund
Requested By:Steve Deardorff, Chief
Source of Funds:032 -Grant Fund
Department:Police
001-5253-521-XXXX
Account Number:032-5253-521-1020
ReportResolutionOrdinance
$ 9,330.05
Amount Budgeted:$36,992.00
Exhibits:Resolution2021-56-STEP
Amount Requested:$42,321.74
ComprehensiveGrantandTexas Traffic
Safety Program GrantAgreement
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The La Porte Police Department has made its annual application for the TXDOT
S.T.E.P.(Selective Traffic Enforcement Program) Comprehensive grant concerning
overtime reimbursement for the fiscal year 2021-22. This will mark the twelfthyear for
which the Department has applied for the grant. The grant title has changed, and now
includes all traffic law violations, whereas in years past it was limited to speed and
intersection traffic violations. TXDOT has preliminarily approved the award and
forwarded the attached grant agreement forthe
approval.
The grant will reimburse the City up to $32,991.69,with matching contributions from
the City of $9,330.05.The available hours are posted and can only be filled by staff
members during hours that they are not working a regular shift.Although the grant pays
only overtime, as in past years, the Police Department will continue to meet the match
through administrative costs and employee benefits.
Staff recommends City Council adopt Resolution 2021-56to move forward with the
TXDOT Comprehensivegrant.
ACTION REQUIRED BY CITY COUNCIL
AdoptResolution 2021-56, authorizing the City Manager to signtheSTEP
Comprehensive grant award and other documents for theTXDOT STEP
Comprehensive GrantAward.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RESOLUTION NO. 2021-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE
ALL DOCUMENTS PERTAINING TO THE STEP COMPREHENSIVE GRANT,
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTION, FOR THE
FISCAL YEAR 2022
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens
of this community; and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREASces are
significantly impacted by injuries of traffic crashes; and
WHEREAS, research shows that speed is a causative factor in many traffic crashes; and
WHEREAS, failure to obey traffic laws, traffic control signals at intersections, and
impaired driving, causes many traffic crashes; and
WHEREAS, the National Highway Traffic Safety Administration statistics have shown
that reducing speed limit and stopping traffic law violators prevents crashes, saves lives
and reduces non-fatal injuries while resulting in economic savings to society; and
WHEREAS, the Comprehensive STEP Grant includes public education and intensified
law enforcement to get the community to comply with speed limits and traffic control
devices, signs and signals.
NOW THEREFORE, BE IT RESOLVED that the City of La Porte authorizes the City
Manager to execute all documents for the Comprehensive STEP Grant for October 1, 2021,
through September 30, 2022; joining public and private sector leaders across Texas
supporting the campaign; urging all residents and visitors of La Porte to abide by traffic
laws, to protect life and the quality of life in this community.
Section 1. The City Council of the City of La Porte, Texas authorizes the City Manager to
submit and execute all documents pertaining to the STEP Comprehensive
Grant, through the Texas Department of Transportation, for the Fiscal Year
2021.
Section 2. All ordinances or parts of resolutions of the City of La Porte, Texas, in conflict
with any provision contained herein is hereby repealed to the extent of any
conflict.
Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance; and it is
hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase, or clause, or part thereof, irrespective of the fact that
any other section, sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 4.The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of
the City Council 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 5. This resolution shall be in effect from and after its passage and approval.
PASSED AND APPROVED this, the __________ day of __________________, 2021.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
001 General Fund
Requested By:Steve Deardorff, Chief
Source of Funds:032 -Grant Fund
Department:Police
001-5253-521-XXXX
Account Number:032-5253-521-1020
ReportResolutionOrdinance
$ 3,391
Amount Budgeted:$11,993
Exhibits:STEP CMV -Resolution 2021-57and Texas
Amount Requested:$15,367.00
Traffic Safety Program Grant Agreement
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The La Porte Police Department has made itsannual application for the TxDOT
S.T.E.P.(Selective Traffic Enforcement Program) CMV(Commercial Motor Vehicles)
grant concerning overtime reimbursement for Commercial Motor Vehicleenforcement
for the fiscal year 2021-2022. This will mark the thirdyear for which the Department
has applied for the grant. TxDOT has preliminarily approved the award and forwarded
the attached grant agreement for the
Can we identify the previous 2 years/ # of inspection, etc.
The grant will reimburse the City up to $11,992.50with matching contributions from the
City of $3,391.48.The available hours are posted and can only be filled by staff
members during hours that they are not working a regular shift.Although the grant pays
only overtime, as in past years, the Police Department will continue to meet the match
through administrativecosts and employee benefits.
Staff recommends City Council adopt Resolution 2021-57to move forward with the
TXDOT CMV S.T.E.P. grant.
ACTION REQUIRED BY CITY COUNCIL
AdoptResolution 2021-57authorizing theCity Manager to signtheTXDOT
S.T.E.P. grant award and other documents fortheTXDOT Commercial Motor
Vehicle STEP grant.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RESOLUTION NO. 2021-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE ALL DOCUMENTS
PERTAINING TO THE CMV STEP GRANT, THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTION, FOR THE FISCAL YEAR 2022
WHEREAS, injuries and deaths from commercial motor vehicle traffic violations and crashes bring
loss and suffering to the citizens of this community; and
WHEREAS, the cost of such injuries brings economic hardship to families and communities; and
WHEREAS
impacted by injuries of commercial motor vehicle traffic crashes; and
WHEREAS, research shows that speed is a causative factor in many commercial motor vehicle traffic
crashes; and
WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many
commercial motor vehicle traffic crashes; and
WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing
speed limit and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries
while resulting in economic savings to society; and
WHEREAS, the Commercial Motor Vehicle STEP includes public education and intensified law
enforcement to get the community and drivers of commercial motor vehicles to comply with speed
limits and traffic control devices, signs and signals therefore protecting the occupants of commercial
motor vehicles and others on the roadways; NOW, THEREFORE, BE IT HEREBY RESOLVED
BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
NOW THEREFORE, BE IT RESOLVED, that the City of La Porte authorizes the City Manager to
execute all documents for CMV STEP Grant for October 1, 2021, through September 30, 2022; joining
public and private sector leaders across Texas supporting the campaign; urging all residents and
visitors of La Porte to abide by traffic laws, to protect life and the quality of life in this community.
Section 1. The City Council of the City of La Porte, Texas authorizes the City Manager to submit and
execute all documents pertaining to the CMV STEP Grant, through the Texas Department
of Transportation, for the Fiscal Year 2022.
Section 2. All ordinances or parts of resolutions of the City of La Porte, Texas, in conflict with any
provision contained herein is hereby repealed to the extent of any conflict.
Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance; and it is hereby declared to be the intention
of this City Council to have passed each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof,
may be declared invalid.
Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council 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 5. This resolution shall be in effect from and after its passage and approval.
PASSED AND APPROVED this, the __________ day of __________________, 2021.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:Ray Mayo, Director Source of Funds:N/A
Department:Public Works
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Draft Contract for Collection of
Budgeted Item:YesNo
Commercial Solid Waste,Price Comparison
SUMMARY& RECOMMENDATION
City of La Porte Requests for Proposal #21502 Collection and Disposal of
Commercial Containerized Solid Waste, was advertised on July29, 2021and August
5, 2021 in theBay Area Observer, City website and Public Purchase. A total of 50
vendors were notified and 20 vendorsdownloaded the proposal package. Only three
(3) service providers returned proposals and one (1) service provider submitted a letter
The City of La Porte has approximately412Commercial accountsthat utilize dumpster
service. City of La Porte Ordinance 58-66 provides that the City authorize a contractor
to furnish containers and collect garbage from commercial businesses and multi-family
complexes. This process provides advantages to the business owner inobtaining a
very competitive cost for the service and limitations on price increases stipulated by the
terms of the contract.There are provisions for annual costincreases following the first
full year of the contract. Increases are based on the Consumer Price Index and disposal
costs, with a cap of no more than 5% annually. Since 2013, the costs of commercial
service has increased by approximately 3.6%.
The initial contract term is for five (5) yearswith an option to extend for an additional
three (3)years with the agreement of both parties.The contract also provides
advantages to the City, in the fact there will be only one collection contractor within the
City on one set schedule. The franchise agreement provides that the contractor shall
pay the City 11% of the gross revenue. Also, dumpster service at City facilities and City
events is provided at no charge.
Multiple factors were considered in the RFPto evaluate the respondents:experience,
key personnel, comparable contracts, equipment,financial stability,abilityto provide
critical services, implementation plan, additional services that may benefit the City,and
costs of service were evaluated for each service provider.Waste Corporation ofTexas
(WCA dba GFLEnvironmental) scored the highest of the three respondents. WCA/GFL
solid waste service provider.City staff negotiated
contract terms with WCA/GFL representatives to clarify and confirm contract
requirements. WCA/GFL has agreed to delay the cost increase to commercial users
until January 1, 2022. This will allow time for evaluation of customers to determine
possible changes to size of bin or collection frequency.
Staff recommends execution of a contract with WCA / GFL. The current contract with
Waste Corporation of Texas dba GFL expires on October 31, 2021. The service
provider will notify all customers of the rate change that will become effective on
January 1, 2022.
Benefits:
No transition period for commercial business
Service provider remains the same Same service call center
Businesses will receive new bins
22 City facilities are serviced at no charge
Three (3) annual special events are serviced at no charge
Provider will co-sponsor Household Hazardous Waste Collection events
Liabilities:
No city-wide contract would allow multiple providers servicing dumpsters
throughout the City.
ACTION REQUIRED BY CITY COUNCIL
Award RFP #21502, Collection and Disposal of Containerized Solid Waste to
Waste Corporation of Texas dba GFL Environmental and authorize the City
Manager to execute a franchise contract for an initial 5-year service term.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:Ray Mayo, Director Source of Funds:001General Fund
Department:Public Works
Account Number:001-7070-530-8023
$65,000 (budgeted)
ReportResolutionOrdinance
Amount Budgeted:$64,433(available)
Amount Requested:$53,888.96
Exhibits:SHI Quote; Cooperative Contract Quote
Form; Active Contract Verification
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
Historically, the Public Works Department has relied on hard copies of paperwork,
maps, and the historical knowledge of long-
day-to-day operations. Currently, administrative staff logs work requests, received via
phone, into an electronic database and then creates a paper service request, which is
then passed along to the supervisors. Supervisors subsequently assign the service
request to crews to complete the assignment; upon completion, the paper service
request is filled out and rerouted, in reverse order, through the workflow to close out
the job. Inefficiencies are created with the use of a basic database platform and hard-
copy work order systems. This current system presents difficulties in tracking labor and
materials costs.
Public Works and GIS staff have diligently developed GIS data capable of retaining
information critical to public infrastructure, and Public Works staff identified the potential
for a solution to leverage the GIS data and improve operational efficiency. Cityworks is
a GIS-centric asset management and work order system software. Implementation of
the Cityworks software allows for automation of much of the aforementioned process
and many other Public Works related processes, by allowing for real-time dispatching
of service requests using instruments (i.e. PC, tablets, laptops, cell phones) already in
IT and GIS; other local municipalities experienced with Cityworks (Sugarland; Baytown;
Pearland; College Station), all providing positive feedback related to their experience
with the software. Public Works staff has also taken advantage of a free one week demo
of the Cityworks software.
Initially, the software will be utilized by the Utilities, Streets, and Solid Waste divisions,
with plans to include the Facility Maintenance division in the near future, and potentially
add modules to continue to improve operational efficiency. Cityworks software is
utilized by public works departments for:
Work Order Management Maintenance and Service Capital Improvements
Asset Management Analytics and Reporting Emergency Management
Condition Assessment Public Engagement Regulatory Compliance
Benefits (with software):
Improves efficiency of Public Works operations.
Utilizes existing GIS data as foundation for asset management.
Improvements and work history is documented for future reference.
Software has the ability to integrate with other programs utilized by other
departments.
Liabilities (without software):
Historical knowledge is not readily available and/or shared.
No real-time operational feedback.
Work requests and work orders remain on paper.
Hard copy document retention is not reduced.
Staff has requested a quote from SHI Government Solutions (SHI) to provide the
Cityworks software using Omnia Partners IT Solutions Cooperative Contract pricing.
The software agreement is for a three year term of service, with an initial cost of
$53,888.96 for year 1; $27,500 in year 2; $36,666.60 in year three, for a total three year
expenditure of $118,055.56. The Public Works FY21 budget includes a line item of
$65,000 for an electronic work order system. Costs for year 2 and year 3 will be included
within the respective FY23 and FY24 proposed budgets.
Having collected a robust set of GIS data over the years for public infrastructure, the
Cityworks software offers functionality that will take advantage of existing and future
data and will improve operational efficiency. Staff recommends approval of the
procurement of the Cityworks software.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to purchase Cityworks software using a cooperative
contract, for a three year expenditure, totaling $118,055.56.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Pricing Proposal
Quotation #: 20942067
Created On: 8/31/2021
Valid Until: 9/20/2021
CITY OF LA PORTE Inside Account Manager
Lorenzo Wingate Richard Lettiere
United States 3828 Pecana Trail
Phone: Austin, TX 78749
Fax:
Phone: 800-870-6079
Email: wingatel@laportetx.gov Fax: 512-732-0232
Email: Richard_Lettiere@SHI.com
All Prices are in US Dollar (USD)
Product Qty Retail Your Price Total
1 Server AMS Standard Workgroup Starter 5-Pack 1 $9,000.00 $5,000.00 $5,000.00
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 1 of 3
2 Server AMS Standard Workgroup Logins 6+ 20 $1,200.00 $666.67 $13,333.40
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 1 of 3
3 Services 1 $37,230.95 $35,555.56 $35,555.56
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 1 of 3
4 Server AMS Standard Workgroup Starter 5-Pack 1 $9,000.00 $7,500.00 $7,500.00
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 2 of 3
5 Server AMS Standard Workgroup Logins 6+ 20 $1,200.00 $1,000.00 $20,000.00
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 2 of 3
6 Server AMS Standard Workgroup Starter 5-Pack 1 $10,471.20 $10,000.00 $10,000.00
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 3 of 3
7 Server AMS Standard Workgroup Logins 6+ 20 $1,403.50 $1,333.33 $26,666.60
Cityworks - Part#:
Contract Name: Omnia Partners - IT Solutions
Contract #: 2018011-02
Note: Year 3 of 3
Total $118,055.56
Additional Comments
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us
know as we will need to ensure compliance with the funding program.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and
fluctuations.
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
Required Document for Cooperative Contract Quote to City of La Porte
TIJHpwfsonfouTpmvujpot
Vendor Name: (please state same as awarded coop contract):_______________________________________________________
3129122.13
Cooperative Contract Number:________________________________________________________________________
PnojbQbsuofst.JUTpmvujpot
Cooperative Name :_________________________________________________________________________________
31:53178
Vendor Quote Number:__________________________________________________________________________________
SjdibseMfuujfsf
Quote Prepared by (printed name)_________________________________________________________________________
Ejhjubmmz!tjhofe!cz!Sjdibse!Mfuujfsf!
Sjdibse!Mfuujfsf
Ebuf;!3132/1:/12!21;21;58!.15(11(
Signature of Preparer________________________________________________________________________
Mpsfo{p!Xjohbuf-!Bttjtubou!Ejsfdups!pg!Qvcmjd!Xpslt
Quote Requested By:_________________________________________________________________________
By signing this form, I affirm that the price(s) is/are true and correct and in accordance with the cooperative contract terms.
I further certify the cooperative contract referenced on this quote is active and that all items quoted are contained on the
cooperative contract and were awarded as proposed (e.g., awarded proposal/contract line item or other identifier to
locate on proposal/contract).
Contract
Contract Per Cent Discount
QTYLine ItemList PriceDiscountAmountNet Price
Item Description
%:-535/19%6-111/11
%55/55&
TfswfsBNTTuboebseXpslhspvqTubsufs6.Qbdl225/6&
%24-444/51
%2-4:7/26
TfswfsBNTTuboebseXpslhspvqMphjot7,3135/6&55/55&
%48-341/:6%46-666/67
Tfswjdft245&5/6&
%:-535/19
TfswfsBNTTuboebseXpslhspvqTubsufs6.Qbdl255/6&27/7&%8-611
%2-4:7/26
%31-111
TfswfsBNTTuboebseXpslhspvqMphjot7,3165/6&27/7&
%21-111/11
%:-535/19
TfswfsBNTTuboebseXpslhspvqTubsufs6.Qbdl275/6&5/6&
%37-777/71
%2-4:7/26
TfswfsBNTTuboebseXpslhspvqMphjot7,3185/6&5/6&
TOTAL%229-166/67
City of La Porte Purchasing Office
604 W. Fairmont Pkwy
La Porte, TX 77571
purchasing@laportetx.gov
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:Lorenzo Wingate, Asst. Director Source of Funds:032 Grant Fund
Department:Public Works
Account Number:032-7070-690-1100
Amount Budgeted:$400,000
ReportResolutionOrdinance
Amount Requested:$380,385.00
Exhibits:Evaluation Summary; Proposal
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
Under the American Rescue Plan Act of 2021, the Coronavirus Local Fiscal Recovery
Fund (CLFRF) provides emergency funding for eligible local governments. CLFRF
funding is provided at a 100% federal share. There is no matching requirement for NEUs
participatingin the program.The United States (U.S.) Treasury Department hasmade
allocations for eachunit of government, based on population.The U.S. Treasury
manages the distribution of these funds to Texas counties and cities with populations
above 50,000. Cities, villages, towns, and townships serving populations of less than
50,000 are classified as non-entitlement units (NEUs)of local government and will receive
funding distributed by TDEM, with the City of La Porte having a total allocation of
$8,666,561.35. Local Recovery Funds will be paid in two tranches, each for 50% of a
allocation, with the City of La Porte receiving its first allocation of
$4,333,280.68 on August 23, 2021.
The American Rescue Plan requires that funds be expended by December 31, 2026, for
the followingpurposes:
(1)To respond to the public health emergency with respect to COVID-19 or its
negative economic impacts, including assistance to households, small
businesses, and nonprofits, or aid to impactedindustries such as tourism, travel,
and hospitality;
(2)To respond to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers of the State,
territory, or tribal government that are performing such essential work, or by
providing grants to eligible employers that have eligible workers who perform
essential work;
(3)For the provision of government services to the extent of the reduction of revenue
of such State, territory, or Tribal government due to the COVID-19 public health
emergency relative to revenues collected in the most recent full fiscal year of the
State, territory, or tribal government prior to the emergency; or
(4)To make necessary investments in water, sewer, or broadband infrastructure.
Request for Proposal(RFP)#21503 Administration Services for the ARP Act of 2021
closed on August 3, 2021, providing an opportunity for administration/management firm
and/or professional service provider(s) to assist the City, as necessary, in preparing
application(s) for and in the overall administration or implementation of CLFEF project(s).
Proposals were received from: Ardurra Group, Inc.; BDO USA, LLP; Carr, Riggs, &
Ingram, LLC; Colliers Engineering & Design; CRSRS, Inc.; GrantWorks, Inc.;
iParametrics, LLC; Langford Community Management Services; Public Management;
Traylor & Associates; and Viriya Consulting LLC. Proposals were reviewed and evaluated
by the Finance Department Accountant; Chief Building Official; and Emergency
Management Coordinator, with GrantWorks,Inc. being the top scoring respondent.
GrantWorks, Inc. has previously provided grant administration services to the City of La
Porte, meeting performance expectations on the following projects: DeWalt School
Restoration; F216 Drainage Improvement Project - Phase I; F216 Drainage Improvement
rd
Project - Phase II; 3 Street Drainage Improvement Project.
CLFRF funds are anticipated to be utilized to administer the following list of projects,
proposed FY2022 Capital Improvement Program:
1) 30-inch Sewer Main Rehabilitation; 9) Blower Replacement (WWTP);
10) Belt Press Rehabilitation (WWTP);
2) Freeze-proof Pressure Transmitter;
11) F216 Drainage Improvement Project
3) Chlorine Safety Shut-off Valves (water);
Phase III;
4) Ground Tank Replacement - Water
12) Battleground Estates Drainage
Plant 9;
Improvement Project (Design);
5) Lift Station 31 Rehabilitation;
13) Valleyview Bridge Improvements
6) Replace 3 Lift Station Pumps;
(Design);
7) Lift Station Improvements;
14) F101-06-00 Drainage Improvements
8) Replace Chlorine and S02 Valves
Project (Lomax Pipeline Crossing);
(WWTP);
15) Lomax Lift Station Consolidation.
Benefits:
Grant administrator would ensure that all requirements of the grants are met.
Liabilities:
Staff would be tasked with managing the extensive level of effort and intricate
requirements associate with grant related reporting.
Staff recommends the execution of a contract with GrantWorks, Inc. for grant
administration services.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to execute a contract with GrantWorks, Inc. for grant
administration services based on the proposal provided in response to RFP
#21503 for grant application preparation and overall management of grant
program projects.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RFP 21503 ADMINISTRATION SERVICES FOR THE AMERICAN RESCUE PLAN ACT OF 2021
EVALUATION SUMMARY
LANGFORD
COLLIERS
ARDURRA CARR RIGGS & COMMUNITY PUBLIC TRAYLOR VIRIYA
BDO USAENGINEERING CSRS, INCGRANTWORKSIPARAMETRICS
CriteriaMax Points
GROUPINGRAM, LLCMANAGEMENT MANAGEMENTASSOCIATESCONSULTING
& DESIGN
SERVICES
Experience 908681788286908487909090
Prior Work Performance 605752552760595758605959
Capacity to Perform 908782667483878370718382
Proposed Cost 604644242731453641493735
Final Scores300276259223210260281260256270269266
GrantWorks Contract No. ARP-TX-21-044
AMERICAN RESCUE PLAN ACT
ADMINISTRATION SERVICES
THIS AGREEMENT, MADE THIS SEPTEMBER 13, 2021 BY AND BETWEEN THE CITY OF LA PORTE,
TEXAS, hereinafter referred to as Client (“Client”), and GRANTWORKS, INC., Austin, Texas, hereinafter
referred to as Consultant (“Consultant”), procured in conformance with Texas Government Code Chapter
2254, Subchapter A, “Professional Services”.
PART I – GENERAL CONDITIONS
I. SCOPE OF BASIC SERVICES
Consultant agrees to render administration services for Client's American Rescue Plan Act of 2021 (“ARPA”)
award (the “Contract”), as administered by the U.S. Department of Treasury (the “Department”), as provided
in the provisions titled, "Part III, Scope of Basic Services" and attached hereto and incorporated by reference
herein (the “Services”).
II. COMPENSATION AND METHOD OF PAYMENT
For and in consideration of the foregoing, Client agrees to pay Consultant a firm fixed price of Three Hundred
Eighty Three Hundred Eighty-Five and no/100 Dollars, ($380,385.00) in accordance with the following
schedule. Listing of specific milestones shall not be construed as a representation or warranty, and
Consultant makes no representations or warranties, that these milestones measure overall contract progress
facilitated by the Consultant’s performance of the services, and any particular milestone will be achieved or
that any specific Department or other requirements ultimately will be met. The fee schedule shall be based
upon identified contract milestones, as follows:
Billable
MilestoneProject Deliverable
Amount
List of projects created and assigned
Project Selection completed 15% $57,058.00
preliminary budgets
P&P documentation (where appropriate),
Policies/Procedures and/or
16% $60,862.00 procurement documents, documentation
implementation strategy established
supporting eligibility of each expense / project
25% of allocated funds expended16% $60,862.00 $2,071,544.09 expended
50% of allocated funds expended16% $60,862.00 $4,143,088.18 expended
75% of allocated funds expended16% $60,862.00 $6,214,632.26 expended
All allocated funds expended 16% $60,862.00 $8,286,176.35 expended
All reports filed with TDEM / USDT, all docs and
Transfer of all close-out docs 5% $19,017.00 records transferred. Closeout meeting
complete
Total of all milestones
$380,385.00
Note: Administrative Activities include General Administration, Financial Management, Basic Acquisition, and
Construction Phase Management services as referenced in Part III—Scope of ARPA Administration Services.
III. ADDITIONAL SERVICES
Section III above discusses compensation for the administration of ARPA direct allocation under Subtitle M
section 603 of the American Rescue Plan Act. Rates and/or Fee for application, administration, or
management of activities funded under other provisions of the ARP Act will be negotiated and provided as
an addendum to this contract.
Agreement for ARPA Administrative Services Page 1 of 12 City of La Porte, Texas / GrantWorks
Fees for any professional services required to carry out project-related activities that must be furnished by a
third-party professional including but not limited to accountant, appraiser, archaeologist, architect, attorney,
auditor, biologist or other natural scientist, engineer, historic preservationist, or surveyor, shall be in addition
to the base fee payable to Consultant specified in Section III. Expenditures for such services shall require
prior approval by Client.
IV. CHANGES AND AMENDMENTS
The Client may, from time to time, request changes in the scope of services of the consultant to be performed
hereunder. Such changes, including any increase or decrease in the amount of the Consultant's
compensation, must be mutually agreed upon by and between the Client and the Consultant and shall be
incorporated in written amendments to this Agreement. If a change is requested but the parties cannot agree
on the specific terms of such change, the parties may mutually agree to terminate this Agreement. Absent
such agreement to terminate, the Agreement will continue without the change.
V. ASSIGNABILITY
Neither party shall assign any interest in this Agreement or transfer any interest in the same, without the prior
written consent of the other party, not to be unreasonably withheld, provided, however, that claims for money
by the Consultant from the Client under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Written notice of any such assignment or transfer shall be
furnished reasonably promptly to the Client.
VI. RECORDS AND AUDITS
During the term of this Agreement, the Consultant shall assist the Client in maintaining fiscal records and
supporting documentation for all expenditures of funds made under the Contract. Such records must include
data on racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or
beneficiaries of the funds provided under the Contract. Client shall retain such records, and any supporting
documentation, for the greater of three (3) years from closeout of the Contract or the period required by other
applicable laws and regulations.
VII. MISCELLANEOUS PROVISIONS
A.Governing Law and Venue. This Agreement shall be governed and construed under and in accordance
with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any
suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas,
unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies
its applicability to the Client.
B.Binding Effect; No Third-Party Beneficiaries. This Agreement shall inure to the benefit of, be binding
upon, and be enforceable against, each Party and their respective successors, assigns, transferees and
delegates.
C.Severability. If any provision of this Agreement is construed to be illegal or invalid, such construction will
not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed
severable and stricken from the contract as if it had never been incorporated herein, but all other
provisions will continue in full force and effect.
D.Attorneys’ Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary
disbursement in addition to any other relief to which such party may be entitled.
E. Provision of Information. It is agreed that all information, data, reports and records and maps as are
existing, available, and necessary for the carrying out of the work outlined in this Agreement shall be
furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for such
information and the Client, and its agencies will cooperate with Consultant in every way possible to
facilitate the performance of the work described in this Agreement.
F. Local Program Liaison. For purposes of this Contract, the Client shall designate an authorized person to
serve as the Local Program Liaison and primary point of contact to the Consultant. All required progress
reports and communication regarding the project shall be directed to this liaison and other local personnel
as appropriate.
Agreement for ARPA Administrative Services Page 2 of 12 City of La Porte, Texas / GrantWorks
G.Waiver of Consequential Damages. Notwithstanding any other provision to the contrary herein, neither
party shall be liable to the other for any indirect, incidental, special or consequential damages or loss of
profits, anticipated or otherwise, or loss of revenues in connection with or arising out of, or in connection
with, the subject matter of this Agreement.
H.Limitation of Liability. Each party agrees that, regardless of the type, nature or number of causes of
action or claims by the Client (including without limitation claims for indemnity under this Agreement) or
any third party claiming by, through or under the Client, the maximum amount of damages, individually
or in the aggregate, that either party will be liable for or can be required to pay to the other or any other
claimant is the amount of fees to be paid to the Consultant by the Client under this Agreement. The
parties agree that this limitation of damages is reasonable and acknowledge that but for this limitation,
neither party would enter into this Agreement.
I. Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties with regard
to contemporaneous understandings or written or oral agreements between the parties respecting the
subject matter of this Agreement.
J. Negotiated Terms. The parties agree that the terms and conditions of this Agreement are the result of
negotiations between the parties and that this Agreement shall not be construed in favor of or against
either party by reason of the extent to which such party or its professional advisors participated in the
preparation of this Agreement.
K.Ownership of Work and Copyright. The parties agree that the Consultant retains all ownership rights to
forms, reports, and other documents produced in whole or in part under this Agreement until such
documents are completed as contemplated under this Agreement and placed in the official Contract
record or submitted as final documents to the Client or the Department. Consultant shall retain all
ownership rights to templates, internal tracking systems, and other documents produced by Consultant
that have a common use applicable to multiple clients and are not produced specifically for the Client
under this Agreement. No report, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.
L. Remedies, Alternative Dispute Resolution, and Program Non-Compliance. The parties hereto agree to
resolve all disputes arising hereunder in accordance with this section. If a dispute arises out of or relates
to this Agreement or any alleged breach hereof, including determination of responsibility for any costs
disallowed as a result of non-compliance with federal, state or ARPA program requirements, the party
desiring to resolve such dispute shall deliver a written notice of the dispute, including the specific claim
in the dispute to the other party. Following the delivery of such notice, the parties involved in the dispute
shall meet at least twice within the thirty (30) day period commencing with the date of the notice and in
good faith shall attempt to resolve such dispute through negotiation. If any dispute is not resolved or
settled by the parties as a result of such negotiation, the parties in good faith shall submit the dispute to
non-binding mediation before a retired judge of a federal district court or Texas district court or a similarly
qualified, mutually agreeable individual in Austin, Texas. The parties shall bear the costs of such
mediation equally. If the dispute is not resolved through such mediation, either party may proceed to file
suit.
M. Force Majeure. A “Force Majeure Event” means any event or cause beyond a party’s reasonable control
(including without limitation, construction delays, fire, flood, rain, weather, casualty, explosions, damage
by third parties whether negligently or intentionally caused, strikes, work stoppages, picketing, acts of
God or other casualties, or the laws or actions of any governmental authority), as a result of which at any
time a party is unable to perform any of its obligations under this Agreement. If a Force Majeure Event
occurs during the term of this Agreement that prevents the Consultant from performing its obligations
hereunder, the Consultant and the Client will in good faith mutually agree on one of the following
alternatives: (1) extend the time for performance, or (2) terminate this Agreement and, as mutually
agreed, cause the payment to Consultant of fees not yet paid for services performed prior to the
occurrence of the Force Majeure Event or cause the refund to Client of fees previously paid for services
that were not performed prior to the occurrence of the Force Majeure Event.
Agreement for ARPA Administrative Services Page 3 of 12 City of La Porte, Texas / GrantWorks
N.GrantWorks recognizes and follows COVID-19 guidance, recommendations and advice as set forth by
the Texas Department of State Health Services, and the United States Center for Disease Control.
Current guidelines for private, public, and nonprofit sectors are available at dshs.tex.gov/coronavirus and
cdc.gov/coronavirus. GrantWorks will continue to prioritize the health and safety of employees, clients,
vendors, and otherstakeholders by encouraging the use of appropriate and recognized public health
mitigating measures, such as mask wearing and social distancing, and by offering virtual meeting and
work options throughout the life of the contract. GrantWorks aims to be sensitive to the individual needs
of each community whilst recognizing the challenges posed by the pandemic.
PART II - TERMS AND CONDITIONS
1. USE OF FUNDS. a. Recipient understands and agrees that the funds disbursed under this award may
only be used in compliance with section 603(c) of the Social Security Act (the “Act”), Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the foregoing; b.
Recipient will determine prior to engaging in any project using this assistance that it has the institutional,
managerial, and financial capability to ensure proper planning, management, and completion of such
project.
2. PERIOD OF PERFORMANCE. The time of services of the Consultant shall commence no earlier than
the date of this agreement. In any event, Consultant shall use commercially reasonable efforts to perform
all services required and performed hereunder within either December 31, 2026, or the completion date
of this program, whichever is sooner. Consultant shall issue and provide a copy of a Consultant's
Certificate of Program Completion to the Client when the consultant is notified that Client has accepted
the program.
3. REPORTING. Recipient agrees to comply with any reporting obligations established by the Treasury as
they relate to this award.
4. ACCESS TO RECORDS. In accordance with 2 CFR 200.337, during the Agreement’s time of
performance the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the
United States, or any of their duly authorized representatives will have access to any books, documents,
papers, and records maintained by the Consultant which are directly pertinent to the Contract for the
purpose of making audit, examination, excerpts, and transcriptions.
5. PRE-AWARD COSTS. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
from this award.
6. ADMINISTRATIVE COSTS. Recipient may use funds provided under this award to cover both direct and
indirect costs.
7. COST SHARING. Cost sharing or matching funds are not required to be provided by the Recipient.
8. CONFLICTS OF INTEREST. Recipient understands and agrees it must maintain a conflict-of-interest
policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each
activity funded under this award. Recipient and subrecipients must disclose in writing to the Treasury or
the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in
accordance with 2 C.F.R. § 200.112.
9. COMPLIANCE WITH APPLICABLE RULES AND REGULATIONS. a. Recipient agrees to comply with
the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of
the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with
all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part
200, other than such provisions as Treasury may determine, are inapplicable to this Award and subject
to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the
Agreement for ARPA Administrative Services Page 4 of 12 City of La Porte, Texas / GrantWorks
Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier
and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth
in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and
Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in
Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered transactions (contracts and
subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180
and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance
Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is
hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31
C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix.
Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting
discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights
Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22,
which prohibit discrimination on the basis of race, color, or national origin under programs or activities
receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968
(42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program
or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42
U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial assistance; and v.
Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which
prohibits discrimination on the basis of disability under programs, activities, and services provided or
made available by state and local governments or instrumentalities or agencies thereto.
10. REMEDIAL ACTIONS. In the event of Recipient’s noncompliance with section 603 of the Act, other
applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program
requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future
award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a
violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to
recoupment as provided in section 603(e) of the Act.
11. HATCH ACT. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.
§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part by
this federal assistance.
12. FALSE STATEMENTS. Recipient understands that making false statements or claims in connection with
this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment, civil damages and penalties, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
13. PUBLICATIONS. Any publications produced with funds from this award must display the following
language: “This project \[is being\] \[was\] supported, in whole or in part, by federal award number \[enter
project FAIN\] awarded to \[name of Recipient\] by the U.S. Department of the Treasury.”
14. DEBTS OWED THE FEDERAL GOVERNMENT. a. Any funds paid to Recipient (1) in excess of the
amount to which Recipient is finally determined to be authorized to retain under the terms of this award;
(2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are
determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and
have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts
determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent
if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other
Agreement for ARPA Administrative Services Page 5 of 12 City of La Porte, Texas / GrantWorks
satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that
are a debt as defined in paragraph 14(a). The Treasury will take any actions available to it to collect such
a debt.
15. DISCLAIMER. a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property
damages, or any other losses resulting in any way from the performance of this award or any other losses
resulting in any way from the performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship
between the United States and Recipient.
16. PROTECTIONS FOR WHISTLEBLOWERS. a. In accordance with 41 U.S.C. § 4712, Recipient may not
discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the
list of persons or entities provided below, information that the employee reasonably believes is evidence
of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of
authority relating to a federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above
includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An
Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for
contract or grant oversight or management; v. An authorized official of the Department of Justice or other
law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of
Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. TERMINATION OF AGREEMENT FOR CAUSE. In accordance with 2 CFR 200 APPENDIX II (B), if the
Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if
the Consultant shall violate any of the covenants, agreements, or stipulations of this Agreement, the
Client shall provide written notice to Consultant reasonably specifying the failure or violation. If
Consultant fails to cure such failure or violation within five (5) business days of receiving such notice or,
if the failure or violation is incapable of cure within such time frame, to begin to take actions to cure such
failure or violation and to diligently pursue them to completion, Client thereupon shall have the right to
terminate this Agreement immediately by giving written notice to the Consultant. Consultant shall be
entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. In
such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by the Consultant under this Agreement shall, at the option of the Client, become its
property.
18. TERMINATION OF AGREEMENT FOR CONVENIENCE. Either the Client or the Consultant may
terminate this Agreement at any time by providing at least ten (10) day notice in writing to the other party
to this Agreement. If the Agreement is terminated as provided herein, the Consultant will be paid for the
time provided and expenses incurred up to the termination date. In such event, all finished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant
under this Agreement shall, at the option of the Client, become its property.
19. DEBARMENT ANDSUSPENSION (EXECUTIVE ORDERS 12549 AND 12689, 2 CFR part 180). The
Consultant certifies, by entering into this Agreement, that neither it nor its principals are presently
debarred, suspended, or otherwise excluded from or ineligible for participation in federally assisted
programs under Executive Orders 12549 1986) and 12689 (1989). The term “principal” for purposes of
this Agreement is defined as an officer, director, owner, partner, key employee, or other person with
primary management or supervisory responsibilities, or a person who has a critical influence on or
substantive control over the operations of the Consultant. The Consultant understands that it must not
make any award or permit any award (or contract) at any tier to any party which is debarred or suspended
or is otherwise excluded from or ineligible for participation in Federal assistance programs under
Executive Order 12549, “Debarment and Suspension.”
Agreement for ARPA Administrative Services Page 6 of 12 City of La Porte, Texas / GrantWorks
20. FEDERAL COMPLIANCE. During the term of this Agreement, the parties shall comply with all Federal
laws, regulations, and rules including the following:
a. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or
be subjected to discrimination under any program or activity receiving Federal financial assistance.
b. Section 504 Rehabilitation Act of 1973, as amended. The Consultant agrees that no otherwise
qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits
of, or be subjected to discrimination, including discrimination in employment, under any program or
activity receiving federal financial assistance.
c. AGE DISCRIMINATION ACT OF 1975. The Consultant shall comply with the Age Discrimination Act
of 1975 which provides that no person in the United States shall on the basis of age be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
d. SECTIONS 106(b), 102(a)(4) and A109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT
OF 1974. Under Title VI of the Civil Rights Act of 1964, no person shall on the ground of race, color,
religion, national origin or sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with funds made
available under this Title.
e. EQUAL OPPORTUNITY CLAUSE. During the performance of this Agreement, the Consultant agrees
as follows:
i. The Consultant will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant
will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
ii. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
iii. The Consultant will not discourage or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee’s essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the Consultant’s legal duty to
furnish information.
iv. The Consultant will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Consultant’s commitments under
this section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
v. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965,
“Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The Consultant will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
Agreement for ARPA Administrative Services Page 7 of 12 City of La Porte, Texas / GrantWorks
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further
Government contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
viii. The Consultant will include the portion of the sentence immediately preceding paragraph (i) and
the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Consultant will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance: Provided, however, that in the event a
Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the Consultant may request the United
States to enter into such litigation to protect the interests of the United States.
21. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'SBUSINESSENTERPRISES,
AND LABOR SURPLUSAREA FIRMS.
a. The Consultant must take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
b. Affirmative steps must include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce;
and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
22. PATENT RIGHTS AND INVENTIONS. The Consultant shall comply with the requirements and
regulations pertaining to patent rights with respect to any discovery or invention which arises or is
developed in the course of or under such contract. (2 CFR 200 Appendix II (f) and Rights to Inventions
in 37 CFR Part 401).
23. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the Federal award meets
the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes
to enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that “funding
agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding
agency. (2 CFR 200 Appendix II (B))
Agreement for ARPA Administrative Services Page 8 of 12 City of La Porte, Texas / GrantWorks
24. ENERGY EFFICIENCY. The Consultant shall comply with the mandatory standards and policies relating
to energy efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). (2 CFR 200 APPENDIX II (H)
and 42 U.S.C. 6201).
25. VERIFICATIONNOBOYCOTTISRAEL.As required by Chapter 2271.002, Texas Government Code,
the Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term
of this Agreement. For purposes of this verification, “boycott Israel”, as defined by §808.001(1) of the
Texas Government Code, means refusing to deal with, terminating business activities with, or otherwise
taking 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
territory, but does not include an action made for ordinary business purposes.
26. NO
FOREIGNTERRORIST ORGANIZATIONS. Pursuant to Chapter 2252.152, Texas Government
Code, the Consultant represents and certifies that, at the time of execution of this Agreement neither the
Consultant, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of
the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in
Chapters 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas
Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections
806.051, 807.051, or 2252.153 of the Texas Government Code. The term "foreign terrorist organization"
in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government
Code.
27.
PART III - SCOPE OF BASIC SERVICES
Depending on the selected project(s), some provisions may not apply. The type(s) of project(s) selected will
determine the type(s) of service(s) necessary to implement the project(s). See below for project types.
A. Projects with Beneficiaries including Households, Non-profits, Businesses, and Industries:
1. Identify the need for this program.
2. Project planning, design, and startup: Assist recipient with procuring necessary vendors as needed.
3. Intake meetings: Advertise, schedule, and conduct intake with interested potential beneficiaries.
During intake meetings case managers will collect all available documentation necessary to
determine eligibility.
4. Eligibility verification: Management staff will review all intake documentation and verify eligibility; If
applicable, verify duplicative benefits (DOB); Maintain recipient data in a secure system and comply
with all record-keeping requirements: Assistance package generation and approval; Review change
requests and all required documentation related to any change requests; and Final Documentation
of recipients: File, audit, and closeout; and Complete final audit to ensure all procedures were properly
followed.
B. Premium Pay to Eligible Workers and Eligible Employers:
1. Identify the need for this program.
2. Project planning, design, and startup.
3. Advertise, schedule, and conduct intake with interested potential eligible employers: During intake
meetings case managers will collect all available documentation necessary to determine eligibility.
4. Eligibility verification: Management staff will review all intake documentation and verify eligibility; If
applicable, verify duplicative benefits (DOB); and Maintain recipient data in a secure system and
comply with all record-keeping requirements.
5. Assistance package generation and approval.
6. Review change requests and all required documentation related to any change requests.
7. Final Documentation of recipients: File, audit, and closeout; and Complete final audit to ensure all
procedures were properly followed.
Agreement for ARPA Administrative Services Page 9 of 12 City of La Porte, Texas / GrantWorks
C. Reconciliation of Revenue Reductions:
1. Identify the need for this program.
2. Project planning, design, and startup.
3. Calculate revenue loss in accordance with Department of Treasury guidance.
4.Review change requests and all required documentation related to any change requests.
5. Final Documentation of recipients.
6. File, audit, and closeout.
7. Complete final audit to ensure all procedures were properly followed.
D. Necessary Water, Sewer, or Broadband Infrastructure:
1. Identify the need for this program.
2. Project planning, design, and startup: Assist recipient with procuring necessary vendors as needed.
3. Assist with developing contract/bid packages that meet ARP program requirements.
4. Assist with monitoring and reporting contractor's performance.
5. Receive, review, recommend, and process any change orders as appropriate to the individual
projects.
6. Assist the recipient with vendor Draws/Close Out.
7. Compile and review for completeness contract/closeout packages that meet ARP program
requirements.
8. Labor Standards duties (as required): Monitor compliance with all relevant labor standards
regulations; and Maintain document files to support compliance.
9. Environmental Services: Review each project description to ascertain and/or verify the level of
environmental review requirements; Prepare, complete, and submit required forms for environmental
review and provide all documentation to support environmental findings; Consult and coordinate with
oversight/regulatory agencies to facilitate environmental clearance; and Reporting.
10. Acquisition Duties: Submit acquisition reports and related documents; Establish acquisition files (if
necessary); and Complete acquisition activities (if necessary).
E. General Administration
1. Provide general advice to the Client and its staff with respect to the implementation of the project and
regulatory matters.
2. Furnish forms, policies, and procedures for implementation of the project.
3. Provide technical assistance to Client personnel who will be directly involved in the program for
routine tasks, using the American Rescue Plan Act of 2021 (“ARPA”) - Project Implementation
Guidelines.
4. Assist Client in developing a record keeping system consistent with program guidelines, including the
establishment and maintenance of program files.
5. Serve as liaison for the Client during normal monitoring visits by staff representatives from either the
U.S. Department of Treasury (“USDT”) or the state agency that oversees ARPA.
6. Prepare and submit to Department Client's required Periodic Progress Reports.
7. Assist Client in meeting 2 C.F.R. 200, Uniform Relocation Act, Section 504 of the Rehabilitation Act
of 1973, as amended and other applicable requirements as may be required for participation in the
ARPA program.
8. Assist Client in preparing Contract and/or Program Amendments and Modifications along with related
documentation, public hearings, and notices as requested by Client.
9. Other general administration tasks not listed here that are requested by Client and agreed to in writing
by Consultant.
F. Financial Management
1. Assist Client in establishing and maintaining a Direct Deposit account and/or separate local bank
account, journals and ledgers.
2. Assist Client in submitting the Direct Deposit Authorization Form and/or Depository/Authorized
Signatory form to Department.
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3. Assist Client in preparation of drawdown requests from Department and disbursements of funds
within the allotted time period.
G. Environmental Review
1.Assist Client in preparing environmental documents as necessary. Each ARP funded project shall, if
applicable, be assessed to determine whether and/or to what extent environmental reviews may be
required by local or state law. GrantWorks may assist in completing required environmental reviews
once an assessment is completed.
H. Audit/Close-out Procedures
1. Prepare final Reports, including any General Report, Financial Reports and Completion Reports,
as required.
2. Assist Client in responding to any monitoring and audit findings and resolving any third-party claims.
Additional General Terms Regarding Third-Party Services
Some services will be performed by third-party service providers. See Section IV of this Agreement regarding
special services outside the scope of work.
Assistance by Consultant with (1) verification of equipment suppliers or other service contractors, (2)
selection of bid award winners, or (3) any other activity relating to contractors, subcontractors, bid award
winners or any other third party not directly engaged through a written agreement with Consultant to provide
services required to be provided by Consultant under this Agreement (collectively “Third Parties”) is not
intended to be and shall not be construed as an endorsement, representation or warranty by Consultant of
any kind relating to such Third Party Service Providers or of the quality of such Third Parties work, and all
such endorsements, representations or warranties hereby are expressly disclaimed.
Assistance by Consultant with the fulfillment of any requirements imposed by Third Parties, governmental or
otherwise, shall not be construed as a representation or warranty, and Consultant makes no representations
or warranties, that any particular requirement will be achieved or met, and Consultant assumes no
responsibility for the achievement or failure to achieve such requirements.
All assistance by Consultant described in this Agreement based on information provided by Third Parties
shall be considered information provided by Client, and Consultant shall be entitled to rely on such
information without any additional duty of inquiry or investigation.
Agreement for ARPA Administrative Services Page 11 of 12 City of La Porte, Texas / GrantWorks
PART IV - SIGNATURE TERMS AND CONDITIONS
This Agreement is subject to the provisions titled “Part I – General Conditions”, "Part II Terms and
Conditions" and “Part III Scope of Basic Services,” which each are hereby incorporated by reference.
IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the
effective date indicated above.
GrantWorks, Inc. City of La Porte, Texas
2201 Northland Drive 604 W. Fairmont Parkway
Austin, Texas 78756 La Porte, Texas 77571
BY:BY:
___________________________ ________________________________
Bruce J. Spitzengel Corby Alexander
President City Manager
DATE: ___________________________ DATE: ___________________________
ATTEST:
BY: _____________________________
City Secretary
Agreement for ARPA Administrative Services Page 12 of 12 City of La Porte, Texas / GrantWorks
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2021-3845, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, Zoning map, Future
Land Use map, andApplication
SUMMARY& RECOMMENDATION
Karl Hilprecht of AKA Land Management LLC, applicant andowner,requestsapproval
of Special Conditional Use Permit (SCUP) 21-91000005, an amendment to the Port
Crossing SCUP regarding building height and façade requirements for a building
adjacent to State Highway146. The 7.66acre site is located at 1200 McCabe Rd., and
legally described as Reserve E, Block 4, Port Crossing Amending Plat, Harris County,
Texas.
The property, Reserve E, is part of the overall Port Crossing Commerce Park. The site
was purchased and developed by Core Trucking two (2) years ago to allow for the
continued growth of their trucking transportation business. Approximately two thirds of
the 7.66 acre tract of land is currently developed. The applicant plans to utilize the
remaining acreage for the development of a cold storage warehouse facility. The
proposed facility will utilize robotic technology allowing for a more compact footprint.
Though the footprint will only be 80,000 square feet, the building will include up to
240,000 square feet of useable space. In order to achieve the needed size
requirements for the proposed use, the building will be up to one hundred (100) feet
tall. Additionally, due to the construction of the building and operational nature, windows
of any kind would be prohibitive.
The Port Crossing Commerce Park is governed by a Special Conditional Use Permit
(SCUP) approved in 2015. The SCUP lists a number of conditions governing specific
criteria for the development of the park. One condition specifically states that any
warehouse located within any of the reserves fronting State Highway 146, may not be
taller than thirty six (36) feet in height and must include windows along the State
Highway 146 frontage. The site in question, reserve E, is adjacent to State Highway
146 and is subject to these requirements. The applicant is requesting an amendment
to the SCUP that would alter the height restriction and remove the window requirement
for Reserve E.
The Planning & Zoning Commission held apublic hearing on this item at their August
19, 2021 regular meeting. At the meeting, the applicant provided details on the
operational aspects of this unique facility. Chairman Lawler brought up his concern that
the proposed facility could create excessive noise that could be detrimental to area
properties. The applicant assured the Commission that the noise created from the
proposed use would be minimal, as the entire operation is fully enclosed within a
masonry building.
The Commission voted on a motion to recommend approval of the SCUP request, as
presented. The vote was 5-1, and the item was approved. Chairman Lawler was the
dissenting vote.
Staff mailed 22 public notices to property owners located within 200 feet of the subject
property. Staff did not receive any returned comment sheets for the proposed SCUP
request.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2021-3845 for SCUP request #21-91000005, an
amendment to the Port Crossing SCUP regarding building height and façade
requirements for a building adjacent to State Highway 146, on a 7.66 acre tract of
land located at 1200 McCabe Rd.; legally described Reserve E, Block 4, Port
Crossing Amending Plat, Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3845
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL
USE PERMIT NO. 21-91000005, TO AMEND THE PORT CROSSING SCUP NO.
15-91000004 REGARDING BUILDING HEIGHT AND FAÇADE REQUIREMENTS FOR
BUILDINGS CONSTRUCTED ADJACENT TO STATE HIGHWAY 146, ON A 7.66
ACRE TRACT OF LAND LOCATED AT 1200 MCCABE RD. AND BEING LEGALLY
DESCRIBED RESERVE E, BLOCK 4, PORT CROSSING AMENDING PLAT, HARRIS
COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.
granting Special Conditional Use Permit #21-91000005, attached hereto as
Exhibit A and incorporated by reference for all purposes, to amend Port
Crossing SCUP # 15-91000004 regarding building height and façade
requirements for buildings constructed adjacent to State Highway 146 on a
7.66 acre tract of land located at 1200 McCabe Rd. and legally described
as Reserve E, Block 4, Port Crossing Amending Plat, Harris County, Texas,
and situated within a Planned Unit Development (PUD) zoning district.
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal,
or invalid, or the application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity,
or ineffectiveness of such section or part shall in no way affect, impair or
invalidate the remaining portions thereof; but as to such remaining portion
portions, the same shall be and remain in full force and effect and to this end
the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting
of the City Council is posted at a place convenient to the public at the City
Hall of the city for the time required by law preceding this meeting, as
open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and
objectives stated in the City of La Comprehensive Plan.
Section 7. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this the 27 day of SEPTEMBER, 2021.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST: APPROVED:
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
EXHIBITA
CityofLaPorte
SpecialConditionalUsePermit
#21-91000005
Applicant:AKALandManagement,LLC
OwnerorAgent
1200 McCabeRd.La Porte,TX77571
Address
DevelopmentName/Type:PortCrossingBusinessPark
Location:1200McCabeRd.
LegalDescription:300acresoflandoutoftheGeorgeB.McKinstryLeague, A
47; William Harris Survey, A-30; Johnson Hunter Survey, A-
35; and more particularly described in the Development
document
Zoning:PUD,PlannedUnitDevelopment
Use:Industrial
PermitConditions:
ThisSpecialConditionalUsePermit(SCUP)amends SCUP 15-91000004to read as provided herein,
and shall beapplicableforthesubjectproperty,acopyofwhichshallbemaintainedinthefilesof
thePlanningandDevelopmentDepartmentuponapproval.Projectdevelopmentshallbein
accordancewiththefollowingconditions:
1.This Special Conditional Use Permit-(SCUP) would be applicable to specific development
anticipatedorproposedbytheGeneralPlan.
2.Uses are as described in the Land Use Exceptions (Exhibit C of the Amended Development
Agreement).
3.This SCUP outlines in general terms the proposed Planned Unit Development. The developer
recognizesandunderstandsthatanyfutureconstructionordevelopmentoftheprivateorpublic
improvementsanticipatedbythisSCUPandtheGeneralPlanshallrequirefurthersubmittaland
approvalofplats,siteplans,constructiondrawings,andbuildingplans,etc.Inaddition,thisSCUP
supersedesSCUP#06-006.
4.This SCUP, the General Plan, Restrictive Covenants, and Land Use Exceptions are exhibits to
andareapartoftheAmendedDevelopmentAgreement.
5.SubmittalsforsiteplanapprovalshallbeinaccordancewiththisSCUP,GeneralPlan,
DevelopmentAgreement,RestrictiveCovenants,andLandUseExceptionsapprovedbytheCity
ofLaPorte.ForusesnotauthorizedbythisSCUP,approvalpursuanttoSection106-216&106-
217 of the City of La Porte Code of Ordinances, as it now exists or may be amended from time
totime,shallberequired.
6.Thebusinessparkidentificationandentryfeaturesshallremainandbemaintainedas
constructedunlessapprovedbytheCityCouncil.
7.Truck parking on any lot fronting State Highway 146 will be prohibited on the east side of any
structure.
8. Truck stops as defined in Chapter 106 of the La Porte Code of Ordinances shall be prohibited
within any part of the 300 acre Port Crossing business park. Any gas station that provides any
two (2) of the following: truck parking, more than one diesel dispenser for every ten (10) gasoline
dispensers, or has a canopy over the dispensers that is greater than sixteen (16) feet in height
shall also be deemed a truck stop.
9. Within reserves J1, and L fronting State Highway 146, warehouses are prohibited if the
warehouse has a 36 foot clear or higher space; has more than 250,000 feet of storage area; has
truck docks on more than two sides or any facing Highway 146; or contains any trailer storage
other than necessary for loading and unloading operations. Additionally, each building located
thereon must have grade-level store-front entries with windows facing Highway 146. Where
warehouses exceed 200,000 square feet in size, building articulation will be required in
accordance with Section 106-928 (b)(1) a and b of the La Porte Code of Ordinances. Additionally
in the event of truck-bay parking on the north or south side any allowed building screening shall
be required to screen such trucks. Screening may consist of a masonry wall or landscaping, or a
combination thereof, at a sufficient height to screen such trucks.
10. Within reserve E (E1/E2) fronting State Highway 146, warehouses are prohibited if the
warehouse is taller than 100 feet; has more than 250,000 feet of storage area; has truck docks
on more than two sides or any facing Highway 146; or contains any trailer storage other than
necessary for loading and unloading operations. Where warehouses exceed 200,000 square feet
in size, building articulation will be required in accordance with Section 106-928 (b)(1) a and b of
the La Porte Code of Ordinances. Additionally in the event of truck-bay parking on the north or
south side any allowed building screening shall be required to screen such trucks. Screening may
consist of a masonry wall or landscaping, or a combination thereof, at a sufficient height to screen
such trucks.
11. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte
and the State of Texas. To the extent there is a conflict between those laws and ordinances and
this SCUP, the SCUP controls.
12. This SCUP is binding on all owners of property included in the Legal description and their
successors and assigns.
If contract or agreement is terminated after completion of any stage and there is ample evidence that
further development is not contemplated, the ordinance establishing such special conditional use permit
may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning
and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in
full effect on the portion which is undeveloped.
Validation Date:
Director of Planning and Development City Secretary
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
August 20, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #21-91000005
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on August 19,
2021 to hear a Special Conditional Use Permit request by, Karl Hilprecht of AKA Land
Management LLC, applicant and owner; for a Special Conditional Use Permit to amend
the Port Crossing SCUP No. 15-91000004 regarding building height and façade
requirements for buildings constructed adjacent to State Highway 146. The subject site
is located at 1200 McCabe Rd., and is legally described as Reserve E, Block 4, Port
Crossing Amending Plat, Harris County, Texas. The subject site is zoned Planned Unit
Development (PUD) and Section 106-659 of the Code of Ordinances requires a Special
Conditional Use Permit in order for the above referenced use to be permitted within the PUD
zoning district.
The Commission voted 5-1 to recommend approval of the proposed SCUP amendment, as
presented. Commissioner Lawler was the dissenting vote.
Respectfully submitted
Ian Clowes, City Planner
On behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
Area Map
SCUP Amendment
#21-910000005
Port Crossing
Reserve E
Legend
Reserve E
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
E
CAB
MC
approximate relative location of
property boundaries
1 inch = 226 feet
AUGUST 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Zoning Map
SCUP Amendment
#21-910000005
Port Crossing
Reserve E
Legend
Reserve E
PUD
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
E
CAB
MC
approximate relative location of
property boundaries
1 inch = 226 feet
AUGUST 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
FLUP Map
PO
SCUP Amendment
#21-910000005
Port Crossing
Reserve E
HI
Legend
Reserve E
LI
BI
PI
This product is for informational
purposes and may not have
COM
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
E
CAB
MC
approximate relative location of
property boundaries
LDR
1 inch = 226 feet
AUGUST 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:September 27, 2021
Requested By:MichaelG.Dolby, Director Source of Funds:N/A
Department:Finance
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Ordinance &No-New-RevenueTax
Budgeted Item:YesNo
RateCalculation
SUMMARY& RECOMMENDATION
-new-revenue tax rate
at$0.774 and the voter-approval rate at $0.789. The no-new-revenue tax rate would
impose the same amount of taxes as last year if you compare properties taxed in both
years. The voter-approval tax rate is the highest tax rate a taxing unit can adopt without
holding an election.
The proposed tax rate is $0.71; therefore, a public hearing on the tax rate is not
required.The fiscal year 2021-22 proposed budget was built around a tax rate of $0.71.
The breakdown of the tax rate is as follows:
Maintenance and operations = $0.614
Interest and sinking = $0.096
At the September 13, 2021 City Council meeting, Council approvedthe proposed tax
rate of $0.71 withMayor Rigby, Councilmember Lunsford, Councilmember McCaulley,
Councilmember Williams, Councilmember Engelken, Councilmember Bentley,
Councilmember Martin, and Councilmember McLarrin votingto approve the proposed
tax rate. Councilmember Garza was absent during the vote.
In accordance with current legislation, staff placed a notice in the paper informing the
public of the date and time the governing body will vote and approve the tax rate. The
notice of the September 27, 2021 meeting to adopt the tax rate was publishedin the
September 16, 2021 edition of the Bay Area Observer.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approveor deny Ordinance2021-3846
establishingthe tax rate of $0.71 centsfor fiscal year 2021-22.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3846
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED
WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS;
MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND
IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL
REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
Section 1. That there is hereby levied for the fiscal year beginning October 1, 2021, and ending
September 30, 2022, on all real property situated and all personal property owned within the
taxable limits of the said City of La Porte, on the first day of January 2021, except so much as may
be exempt under the constitution and laws of the United States, this State, and the City of La Porte,
the following taxes:
(1) An Ad Valorem Tax of and at the rate of sixty-one and four tenths cents ($.614) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States for the current expenses for the support, maintenance, and improvement of the City
Government of said City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of nine and six tenths cents ($.096) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States, to pay current interest on and provide one year's sinking fund and to pay all of the
Principal and Interest accruing on all outstanding general obligation bonds and certificates
of obligation lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the
one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United
States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a
ratio of one hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied
be and the same are hereby appropriated for the support, maintenance, and improvement of the
City Government of the City of La Porte.
Section 4. The City Council officially finds, determines, recites and declares that all notices
required by law have been published, and that a public hearing as required by law was duly called
and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have
been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter
of the City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or
clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, and it is hereby declared to be the intention of this City
Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the
fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 7. 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.
Section 8. This ordinance shall be in effect from and after its passage and approval.
th
PASSED AND APPROVED this, the 27 day of September, 2021.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
NOTICEOFMEETING TO VOTE
ON TAX RATE
A tax rate of $0.710 per $100 valuation has been proposed by the governing body of City
of La Porte.
PROPOSED TAX RATE $0.710 per $100
NO-NEW-REVENUE TAX RATE $0.774 per $100
VOTER-APPROVAL TAX RATE $0.789 per $100
The no-new-revenue tax rate is the tax rate for the 2021 tax year that will raise the
same amount of property tax revenue for City of La Porte from the same properties in
both the 2020 tax year and the 2021 tax year.
The voter-approval rate is the highest tax rate that City of La Porte may adopt without
holding an election to seek voter approval of the rate.
The proposed tax rate is not greater than the no-new-revenue tax rate. This means that
City of La Porte is not proposing to increase property taxes for the 2021 tax year.
A PUBLIC MEETING TO VOTE ON THE PROPOSED TAX RATE WILL BE HELD ON September 27, 2021 AT
6:00 pm AT 604 W Fairmont Parkway, City Council Chambers, La Porte, Texas 77571.
The proposed tax rate is also not greater than the voter-approval tax rate. As a
result, City of La Porte is not required to hold an election to seek voter approval of
the rate. However, you may express your support for or opposition to the proposed tax
rate by contacting the members of the City of La Porte City Council of City of La Porte
at their offices or by attending the public meeting mentioned above.
YOUR TAXES OWED UNDER ANY OF THE RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS:
Property tax amount= (tax rate) x (taxable value of your property)/100
FORthe proposal:Mayor Rigby, Councilmember Lunsford, Councilmember McCaulley, Councilmember
Williams, Councilmember Engelken, Councilmember Bentley, Councilmember Martin, Councilmember
McLarrin.
AGAINST the proposal: none
PRESENTand not voting: none
ABSENT:Councilmember Garza
The 86th Texas Legislature modified the manner in which the voter-approval tax rate is
calculated to limit the rate of growth of property taxes in the state.
The following table compares the taxes imposed on the average residence homestead by
City of La Porte last year to the taxes proposed to be imposed on the average residence
homestead by City of La Porte this year.
2020 2021 Change
Total tax rate $0.710 $0.710 increase of $0.000,
(per$100ofor 0.00%
value)
Average homestead $130,059 $141,330 increase of $11,271,
taxable value or 8.67%
Tax on average $923.42 $1,003.44 increase of $80.02,
homesteador 8.67%
Total tax levy on $30,641,157 $28,582,391 decrease of $-
all properties 2,058,766, or -6.72%
For assistance with tax calculations, please contact the tax assessor for City of La
Porte at 281-420-4845 or scpiggot@gccisd.net, or visit https://harris.trueprodigy-
taxtransparency.com for more information.