HomeMy WebLinkAbout12-13-21 Regular meeting, approve contacting election
Presentation will be presented at the meeting.
U.S. Marine Private First Class
Lauryn LeGrand
Ms. Lauryn LeGrand is a new U.S. Marine who graduated
last Friday, December 10, as a Private First Class, with high
physical and arithmetic scores. Excellence is not new to
Private First Class LeGrand, as this 2020 La Porte High
School graduate ran track and lettered her first year,
competed in track at the state level as a freshman, played
violin in the junior high and high school orchestras, and took
dual enrollment courses at LPHS before ultimately
attending San Jacinto College for a year.
training will
be about a month of Marine Combat Training in San Diego,
California, before she is assigned to San Angelo, Texas, for
intel school, as she has been awarded one of only eight
Intelligence Program cohort.
It is my pleasure to commend U.S. Marine Private First
Class Lauryn LeGrand for her dedication and
accomplishment thus far and wish her much success in her
career and endeavors as a protector of our nation.
Service Awards December 13, 2021
ŷĻ ŅƚǒƩ ĻƒƦƌƚǤĻĻƭ ĬĻźƓŭ ƩĻĭƚŭƓźǩĻķ ƷƚƓźŭŷƷ ŷğǝĻ ğ
ĭƚƒĬźƓĻķ ЎЎ ǤĻğƩƭ ƚŅ ƭĻƩǝźĭĻ Ʒƚ ƷŷĻ \[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ͵
Sandie Scarborough, Contract Administrator (10 years)
{ğƓķźĻ ƆƚźƓĻķ ƷŷĻ \[ğ tƚƩƷĻ ƷĻğƒ źƓ 5ĻĭĻƒĬĻƩ ƚŅ ЋЉЊЊ ğƭ ğ
.ǒǤĻƩͲ ğƓķ ƷƩğƓƭźƷźƚƓĻķ Ʒƚ ŷĻƩ ĭǒƩƩĻƓƷ ƩƚƌĻ źƓ ЋЉЊЎ͵ {ŷĻ źƭ ğ
/ĻƩƷźŅźĻķ tƩƚŅĻƭƭźƚƓğƌ źƓ {ǒƦƦƌǤ ağƓğŭĻƒĻƓƷ ğƓķ ğ /ĻƩƷźŅźĻķ
tǒƩĭŷğƭźƓŭ ağƓğŭĻƩ͵ {ŷĻ źƭ ğ ŭƩĻğƷ ƩĻƭƚǒƩĭĻ Ʒƚ ğƌƌ
ķĻƦğƩƷƒĻƓƷƭ ǞŷĻƓ źƷ ĭƚƒĻƭ
ƦƩƚĭǒƩĻƒĻƓƷͲ ğƓķ ǝĻƓķƚƩ ĭƚƓƷƩğĭƷ ƦƩƚĭĻƭƭ͵
{ğƓķźĻͲ ƷŷğƓƉ Ǥƚǒ ƭƚ ƒǒĭŷ ŅƚƩ ǤƚǒƩ ķĻĭğķĻ ƚŅ ƭĻƩǝźĭĻ Ʒƚ ƷŷĻ
\[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ͵
Vickie Tschappatt, Inspection Services Technician (15 years)
źĭƉźĻ ŷğƭ ĬĻĻƓ ƦƩƚǝźķźƓŭ ŅƩƚƓƷ ƌźƓĻ ƭĻƩǝźĭĻ ŅƚƩ ƚǒƩ ƦĻƩƒźƷƷźƓŭ
ƦƩƚĭĻƭƭ ŅƚƩ ЊЎ ǤĻğƩƭ͵ {ŷĻ źƭ ƷŷĻ ƌƚƓŭĻƭƷ ƷĻƓǒƩĻķ ĻƒƦƌƚǤĻĻ źƓ
ƦƩƚĭĻƭƭĻƭ ğƓķ ĭǒƭƷƚƒĻƩƭ źƓ ƷŷĻ ĭƚƒƒǒƓźƷǤ ğƩĻ źƓǝğƌǒğĬƌĻ͵
źĭƉźĻ ŷğƭ ĬĻĻƓ ƩĻĭƚŭƓźǩĻķ ƒǒƌƷźƦƌĻ ƷźƒĻƭ ĬǤ ĭǒƭƷƚƒĻƩƭ ŅƚƩ
ŷĻƩ ƦƩƚŅĻƭƭźƚƓğƌźƭƒ ğƓķ ƭĻƩǝźĭĻ ƌĻǝĻƌ͵
źĭƉźĻͲ ƷŷğƓƉƭ ŅƚƩ ğƌƌ Ǥƚǒ ķƚ ŅƚƩ ƷŷĻ \[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ͵
Josh Smith, Parks Maintenance Worker (15 years)
ƒĻķźğƓƭ źƓ ŭƚƚķ ƭŷğƦĻ ƭźƓĭĻ ЋЉЉЏ͵ hǝĻƩ ƷŷĻ ƦğƭƷ ƭĻǝĻƩğƌ
ǤĻğƩƭͲ Wƚƭŷ ŷğƭ ŅƚĭǒƭĻķ ƚƓ ƒğźƓƷğźƓźƓŭ ƷŷĻ ǝğƩźƚǒƭ ƭƦƚƩƷ ŅźĻƌķƭ
ğĭƩƚƭƭ ƷŷĻ /źƷǤ ŅƩƚƒ źƓĭƌǒķźƓŭ źƩƩźŭğƷźƚƓͲ źƓŅźĻƌķ ƌĻǝĻƌźƓŭͲ ğƓķ
ƚƷŷĻƩ ğƭƦĻĭƷƭ Ʒƚ ƦƩƚǝźķĻ ğ ƭğŅĻ ğƓķ ĻƓƆƚǤğĬƌĻ ƦƌğǤźƓŭ
ĻǣƦĻƩźĻƓĭĻ ŅƚƩ ĻǝĻƩǤƚƓĻ͵
WƚƭŷͲ ƷŷğƓƉƭ ŅƚƩ ǤƚǒƩ ŭƩĻğƷ ǞƚƩƉ ŅƚƩ ƷŷĻ \[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ͵
Tracy Pedre, Patrol Officer (15 years)
hŅŅźĭĻƩ tĻķƩĻ Ǟźƌƌ ĭĻƌĻĬƩğƷĻ ЊЎ ǤĻğƩƭ ƚŅ ƭĻƩǝźĭĻ Ʒƚ ƷŷĻ \[ğ tƚƩƷĻ
Ʒŷ
ĭƚƒƒǒƓźƷǤ ƚƓ 5ĻĭĻƒĬĻƩ ЋА͵ {ŷĻ ŷğƭ ĭƚƓƭźƭƷĻƓƷƌǤ ƩĻĭĻźǝĻķ
ğĬƚǝĻ ğǝĻƩğŭĻ ĻǝğƌǒğƷźƚƓƭ ğƓķ ŷğƭ ĬĻĻƓ ƩĻĭƚŭƓźǩĻķ ĬǤ
ƒǒƌƷźƦƌĻ ƭǒƦĻƩǝźƭƚƩƭ ŅƚƩ ŷĻƩ ƷĻğƒǞƚƩƉ ğƓķ ƦƩƚŅĻƭƭźƚƓğƌźƭƒ͵
ŷğƓƉ Ǥƚǒ ƩğĭǤ ŅƚƩ ǤƚǒƩ ƭĻƩǝźĭĻ Ʒƚ ƷŷĻ \[ğ tƚƩƷĻ ĭƚƒƒǒƓźƷǤ͵
2021 Summary
Ļ ŷğǝĻ ƩĻĭƚŭƓźǩĻķ ЍЊ ĻƒƦƌƚǤĻĻƭ ğƷ /ƚǒƓĭźƌ ƒĻĻƷźƓŭƭ Ʒŷźƭ
ǤĻğƩ ŅƚƩ ƷŷĻźƩ ǤĻğƩƭ ƚŅ ƭĻƩǝźĭĻ Ʒƚ ƷŷĻ ĭƚƒƒǒƓźƷǤ͵ ŷƚƭĻ ЍЊ
ĻƒƦƌƚǤĻĻƭ ğĭĭƚǒƓƷ ŅƚƩ ЏАЉ ǤĻğƩƭ ƚŅ ƭĻƩǝźĭĻ͵ ŷźƭ ƓǒƒĬĻƩ ķƚĻƭ
ƓƚƷ źƓĭƌǒķĻ ƷŷĻ ĻƒƦƌƚǤĻĻƭ Ǟŷƚ ƩĻğĭŷĻķ Њ ǤĻğƩ ğƓķ Ў ǤĻğƩ
ƒźƌĻƭƷƚƓĻƭ źƓ ЋЉЋЊ͵ Ļ Ǟźƌƌ ƩĻĭƚŭƓźǩĻ ƷŷƚƭĻ ĻƒƦƌƚǤĻĻƭ ğƷ ƷŷĻ
/ŷƩźƭƷƒğƭ ƦğƩƷǤ ƌğƷĻƩ Ʒŷźƭ ǞĻĻƉ͵ Ļ ğƩĻ ŅƚƩƷǒƓğƷĻ Ʒƚ ŷğǝĻ ƭǒĭŷ
ķĻķźĭğƷĻķ ƦǒĬƌźĭ ƭĻƩǝğƓƷƭ ŷĻƩĻ źƓ \[ğ tƚƩƷĻ Ǟŷƚ ǞƚƩƉ ĻǝĻƩǤ ķğǤ
Ʒƚ ƒğƉĻ Ʒŷźƭ ĭƚƒƒǒƓźƷǤ ƭğŅĻ ğƓķ ĻƓƆƚǤğĬƌĻ͵
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December13, 2021
Requested By:Louis R. Rigby, Mayor 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
This item has been added for consideration by City Councilof the absence of
Councilperson Mandi Williamsfrom Rules
of Procedure, excerptedbelow.Councilperson Williams made the required notification
on November 22.
5.04Rules for Attendance at Regular Meetings of the City Council
Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall
forfeit his or her office by failing
.
A member of City Council who will not be able to attend a regular Council meeting shall
inability to attend.
Absences shall be considered excused if for personal illness, family illness,
emergencies, funerals, military service, family events including vacations, weddings,
and graduations, business obligations, official city business such as attendance at a
conference for municipal officers, or for other good cause as determined by the
Council.At the next regular meeting following the meeting at which the member was
absence is deemed excused or unexcused.
Absence from a regular meeting shall be considered unexcused if the member fails to
convey the reason for his or her absence to the Mayor, City Manager or City Secretary
or otherwise fails to give sufficient information to the City Council to enable it to
determine the reason for the absence. Furthermore, absence due solely to the refusal
of the member to participate in a meeting through telephonic or video conference call,
when such measures are legally available to the member in accordance with state law,
shallbe considered unexcused when the member fails to show good cause why the
member could not participate through such methods.
If a member is absent for more than fifty (50) percent of a meeting without being
excused by the City Council in accordance with rules and procedures established
herein, the member shall be considered absent from such meeting.
ACTION REQUIRED BY CITY COUNCIL
Consider excusing the absence of Councilperson Mandi Williams from the
December 13, 2021, City Council meeting.
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
NOVEMBER 8, 2021
The City Council of the City of La Portemet in a regularmeetingonMonday, November 8, 2021,at
the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m.,withthe
following in attendance:
Councilpersons present: Louis Rigby,Brandon Lunsford,Brent McCaulley, Mandi Williams, Chuck
Engelken,Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin
Councilpersons attending remotely: None
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 Christen, La Porte Community Church,
and pledgeswereled byCouncilperson Chuck Engelken.
3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS
a.Proclamation in recognition of the 100th Anniversary of the La Porte Chapter No. 683 Order
of the Eastern Star\[Louis R. Rigby, Mayor\]
b.Recognition of 2021 City University participants\[Louis R. Rigby, Mayor\]
c.Recognition of City employees for years of service\[Louis R. Rigby, Mayor\]
d.Recognition of the Employee of the Third Quarter -Kelly Lathrem, EMS Captain \[Louis R.
Rigby, Mayor\]
4.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 and Mark Matthews spoke about their concerns over a floodplain permit. Phillip Hoot
congratulated Mr. Alexander for the quality of the staff andrecommended City U. He also spoke against
bureaucracy, overbuilding of similarbusinesses, and the prevalence of junk storage lots.
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.Approve the minutes of the regular City Council meeting held on October 25, 2021. \[Louis
R. Rigby, Mayor\]
b.Adopt Resolution 2021-61, casting the City of La Porte election ballot for Mike Sullivan as
the Harris County Appraisal District (HCAD) board member representing cities other than
the City of Houston. \[Louis R. Rigby, Mayor\]
c.Authorize the City Manager to execute an agreement with SA Benefits -Vista UW for Stop
Loss insurance for the 2022 plan year.\[Matt Hartleib, HR Manager\]
d. Authorize purchase of Neptune meters and parts from Core and Main of Houston as sole
source provider, for City of La Porte's Automated Meter Reading System. \[Michael Dolby,
Finance Director\]
e. Approval of Bid #22002 - Veterinary Services, from Deer Park Animal Hospital, and
authorizing annual expenditures up to $55,000.00. \[Steve Deardorff, Police Chief\]
f. Approval of FY 2021 audit/asset forfeiture report and associated financial records, as
required by Chapter 59 of the Texas Code of Criminal Procedure. \[Steve Deardorff, Police
Chief\]
g. Authorize the City Manager to execute the Motorola Shared Agency Agreement and
Motorola
PremierOne CAD and Records Management Software, in connection with the Gulf Region
Information and Dispatch System. \[Steve Deardorff, Police Chief\]
h. Authorize the City Manager to execute a three- (3-) year agreement with Tyler Technologies
for EnerGov service, utilizing Sourcewell contract #090320-TTI, not to exceed the budgeted
amount for each year. \[Teresa Evans, Director of Planning & Development\]
i. Award the purchases of vehicles and equipment approved for replacement and additions to
the City vehicle and equipment fleet in the City of La Porte FY 2021-22 Budget through Texas
BuyBoard and GSA Cooperative Purchasing programs, with an authorization of $483,765.79
\[Ray Mayo, Director of Public Works\]
j. Reject the single bid for the City of La Porte Bid #21024 for Sylvan Beach Pier Repairs. \[Ray
Mayo, Director of Public Works\]
City Manager Alexander asked that item c be handled separately. Councilperson Garza asked that
item f be considered separately. Councilperson Bentley moved to adopt items a, b, d, e, g, h, i, and
j; the motion was seconded by Councilperson Engelken; the motion was adopted, 9-0.
Councilperson Engelken moved to authorize the City Manager to execute an agreement with SA
Benefits - Vista UW for Stop Loss insurance for the 2022 plan year with the amended dollar amount;
the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0.
Councilperson Engelken moved to approve the FY 2021 audit/asset forfeiture report and
associated financial records, as required by Chapter 59 of the Texas Code of Criminal Procedure;
the motion was seconded by Councilperson Bentley; the motion was adopted, 9-0.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to appoint Councilpersons to a committee to
assist with the proposed La Porte City Hall Project. \[Ray Mayo, Director of Public Works\]
Mayor Rigby moved to appoint himself and Councilpersons McCaulley and Bentley to a committee
to assist with the proposed La Porte City Hall Project, with Councilperson McCaulley as chair.
Councilperson Garza moved to postpone the motion indefinitely. The motion did not receive a
second and was not considered.
The committee nominations were adopted, 8-1, Councilperson Garza voting against.
7. REPORTS
a. Receive City of La Porte FY 2020-2021 fourth quarter Capital Improvement Plan program
update. \[Jason Weeks, Assistant City Manager\]
Staff provided updates on projects.
b. Receive report on the Fiscal Affairs Committee meeting. \[Councilperson Engelken\]
Councilperson Engelken announced the Committee had reviewed the City Investment Policy,
received the purchasing card expenditures, and received the fourth quarter 2021 investment report.
c. Receive report on the Drainage and Flooding Committee meeting. \[Mayor Pro Tem Martin\]
Mayor Pro Tem Martin provided that the Committee had received updates on drainage issues from
the City and from the Harris County Flood Control District (HCFCD) and set the next meeting date
for December 13.
8. ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, November 18
La Porte Development Corporation Board meeting, December 13
City Council meeting, December 13
City Manager Corby Alexander reported Johnny Morales has returned to the City as the Emergency
Management Coordinator.
9. COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda;
items of community interest; and/or inquiries of staff regarding specific factual information or
existing policy from the Mayor, Councilmembers, and City staff, for which no formal action will
be discussed or taken.
Councilpersons congratulated and thanked those recognized earlier in the meeting; wished everyone
a happy Thanksgiving; welcomed back Johnny Morales; proposed an agenda item to prevent vaccine
mandates for City employees; encouraged participation in City U.; thanked LPPD for responding to an
event at Fairmont Park; reminded all to thank a veter; and shared
information on the San Jacinto Monument Illumination this weekend.
ADJOURN Without objection, the Council adjourned at 7:08 p.m.
_______________________________
Lee Woodward, City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Teresa Evans, Director Source of Funds:N/A
Department:Planning and Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Budgeted Item:YesNo
Exhibits:Ordinance 2021-3858SHOWING
CHANGES; Ordinance 2021-3858 CLEAN COPY
SUMMARY& RECOMMENDATION
The question was recently raised regarding an adjacent landowner’s ability to appeal
the city’s decision to issue a floodplain development permit.
The City’s floodplain development regulation ordinance, codified in Chapter 94 of the
City’s Code of Ordinances, contains a general reference to a right of appeal to an
“appeal board”.Per Section 94-65(b) of the City Code of Ordinances,“The appeal
board shall hear and render judgment on an appeal only when it is alleged there is an
error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this article.”
The City’s Attorney’s Office researched numerous floodplain ordinances and the FEMA
regulation guidelines, and concludedthat Section 94-5(b) reflects wording in the FEMA
model ordinance recommended for use by counties and municipalitiesin the adoption
of floodplain development regulations. As such, the City Attorney’s Office determined
that referringappeals to an appeals boardis the correctprocess, andthat the adjacent
landowner should have theopportunityto appeal the city’s decision to issue a permit.
To date, the City of La Porte has not established an appeals board for floodplain
management. To get the process started, theCity Attorney’s Office has drafted
amendments to Chapter 94-‘Floods’regardingproposedrevisions to regulations and
procedures for appeals, andcreating a floodplain management appeals board.
City staff recommendsthat the City Council consider and discuss proposed
amendments to Chapter 94 –‘Floods’regardingthe duties,process and procedures for
establishing a five (5) member appeals board.
ACTION REQUIRED BY CITY COUNCIL
Approve amendments to Chapter 94-Floods.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3835
AN ORDINANCE AMENDING CHAPTER 94 FLOODS
ORDINANCES BY REVISING REGULATIONS AND PROCEDURES FOR APPEALS, AND
CREATING A FLOODPLAIN MANAGEMENT APPEALS BOARD; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94
Section 94-of the La Porte, Texas, Code of
Ordinances is hereby amended and shall hereinafter read as follows:
Sec. 94-65. - Variance procedures. Appeal of Decision of Floodplain Administrator;
Variances
a) There is hereby established an appeal board to be known as the Floodplain
Management Appeals Board, as established by the community, to be comprised of
five (5) individuals appointed by the La Porte City Council to two (2) year terms,
which shall:
1) hear and render judgment on an appeal when it is alleged that there is an
error in an any order, requirement, decision, or determination made by the
floodplain administrator in the enforcement of administration of this article.
2) hear and render judgment on appeals from requests for variances from the
requirements of this article.
b) In exercising its authority to hear appeals the Floodplain Management Appeals Board
may reverse or affirm, in whole or in part, or modify the order,
requirement, decision, or determination from which an appeal is taken and make the
correct order, requirement, decision, or determination, and for that purpose the board has
the same authority as the floodplain administrator. The floodplain administrator shall
maintain a record of all actions involving an appeal.
(2) The appeal board shall hear and render judgment on an appeal only when it is alleged
there is an error in any requirement, decision, or determination made by the floodplain
administrator in the enforcement or administration of this article.
c) any of the following persons may appeal to the Floodplain Management Appeals
Board a decision made by the floodplain administrator that is not related to a specific
application, address, or project:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
d) any of the following persons may appeal to the Floodplain Management Appeals
Board a decision made by an administrative official that is related to a specific
application, address, or project:
(1) a person who:
(A) filed the application that is the subject of the decision;
(B) is the owner or representative of the owner of the property that is the
subject of the decision; or
(C) is aggrieved by the decision and is the owner of real property within
200 feet of the property that is the subject of the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
e) The appellant must file with the board and the official from whom the appeal is taken
a notice of appeal specifying the grounds for the appeal. The appeal must be filed not
later than the 30th day after the date the decision is made. On receiving the notice, the
official from whom the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
f) An appeal stays all proceedings in furtherance of the action that is appealed unless
the official from whom the appeal is taken certifies in writing to the board facts
supporting the official's opinion that a stay would cause imminent peril to life or
property. In that case, the proceedings may be stayed only by a restraining order
granted by the board or a court of record on application, after notice to the official, if
due cause is shown.
g) The board shall set a reasonable time for the appeal hearing and shall give public
notice of the hearing and due notice to the parties in interest. A party may appear at the
appeal hearing in person or by agent or attorney. The board shall decide the appeal at
2
the next meeting for which notice can be provided following the hearing and not later
than the 60th day after the date the appeal is filed.
d) The floodplain administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon
request.
h) In exercising its authority to hear requests for variances, the Floodplain Management
Appeals Board shall be subject to the following standards and guidelines:
(1) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(2) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the criteria outlined in section 94-65(1)(9) of this
article are met, and (ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public
(3) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
factors in section 94-64(2) of this article have been fully considered. As the lot size
increases beyond the one-half half acre, the technical justification required for issuing
the variance increases.
(4) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(5) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
3
(6) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this
article.
(7) Upon consideration of the factors noted above and the intent of this article, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article as stated in section 94-34
herein.
i) Any person or persons aggrieved by the decision of the Floodplain Management
Appeals Board may appeal such decision in a court of competent jurisdiction.
j) The floodplain administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon
request.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00).
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 5. 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
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 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance.
4
PASSED AND APPROVED this the 13th day of DECEMBER 2021.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark Askins, Assistant City Attorney
5
ORDINANCE NO. 2021-3835
AN ORDINANCE AMENDING CHAPTER 94 “FLOODS” OF THE CODE OF
ORDINANCESBY REVISING REGULATIONS AND PROCEDURES FOR APPEALS, AND
CREATING A FLOODPLAIN MANAGEMENT APPEALS BOARD; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO
EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 94, “Floods”, Article II “Flood Hazard Reduction”, Division 2
“Administration”, Section 94-65 “Variance procedures”, of the La Porte, Texas, Code of
Ordinances is hereby amended and shall hereinafter read as follows:
“Sec. 94-65. -Appeal of Decision of Floodplain Administrator; Variances
a)There is hereby established an appeal board to be known as the Floodplain
Management Appeals Board,to be comprised of five (5) individuals appointed by
the La Porte City Council to two (2) year terms, which shall:
1) hear and render judgment on an appeal when it is alleged that there is an
error in an any order, requirement, decision, or determination made by the
floodplain administrator in the enforcement of administration of this article.
2) hear and render judgment onrequests for variances from the requirements of
this article.
b) In exercising its authority to hear appeals the Floodplain Management Appeals Board
may reverse or affirm, in whole or in part, or modify the floodplain administrator’s order,
requirement, decision, or determination from which an appeal is taken and make the
correct order, requirement, decision, or determination, and for that purpose the board has
the same authority as the floodplain administrator. The floodplain administrator shall
maintain a record of all actions involving an appeal.
c) any of the following persons may appeal to the Floodplain Management Appeals
Boarda decision made by thefloodplain administrator that is not related to a specific
application, address, or project:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
d) any of the following persons may appeal to the Floodplain Management
Appeals Board a decision made by an administrative official that is related to a
specific application, address, or project:
(1) a person who:
(A) filed the application that is the subject of the decision;
(B) is the owner or representative of the owner of the property that is the
subject of the decision; or
(C) is aggrieved by the decision and is the owner of real property within
200 feetof the property that is the subject of the decision; or
(2) any officer, department, board, or bureau of the City affected by the
decision.
e) The appellant must file with the board and the official from whom the appeal is taken
a notice of appeal specifying the grounds for the appeal. The appeal must be filed not
later than the 30th day after the date the decision is made. On receiving the notice, the
official from whom the appeal is taken shall immediately transmit to the board all the
papers constituting the record of the action that is appealed.
f) An appeal stays all proceedings in furtherance of the action that is appealed unless
the official from whom the appeal is taken certifies in writing to the board facts
supporting the official's opinion that a stay would cause imminent peril to life or
property. In that case, the proceedings may be stayed only by a restraining order
granted by the board or a court of record on application, after notice to the official, if
due cause is shown.
g) The board shall set a reasonable time for the appeal hearing and shall give public
notice of the hearing and due notice to the parties in interest. A party may appear at the
appeal hearing in person or by agent or attorney. The board shall decide the appeal at
the next meeting for which notice can be provided following the hearing and not later
than the 60th day after the date the appeal is filed.
2
h) In exercising its authority to hear requests for variances, the Floodplain Management
Appeals Boardshall be subject to the following standards and guidelines:
(1) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization
of the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest floor
elevation.
(2) Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that (i) the criteria outlined insection 94-65(1)-(9) of this article are met, and (ii) the
structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.”
(3) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
factors in section 94-64(2) of this article have been fully considered. As the lot size
increases beyond the one-half half acre, the technical justification required for issuing
the variance increases.
(4)Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(5) Variances may be issued for the repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(6) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this
article.
(7) Upon consideration of the factors noted above and the intent of this article, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article as stated in section 94-34
herein.
3
i) Any person or persons aggrieved by the decision of the Floodplain
Management Appeals Board may appeal such decision in a court of competent
jurisdiction.
j) The floodplain administrator shall maintain a record of all actions involving
an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00).
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov’t 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 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least once within ten
(10) days after the passage of this ordinance.
PASSED AND APPROVED this the 13th day of DECEMBER 2021.
CITY OF LA PORTE, TEXAS
By:
Louis R. Rigby, Mayor
4
ATTEST:
Lee Woodward, City Secretary
APPROVEDAS TO FORM:
Clark Askins, Assistant City Attorney
5
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
032Grant Fund
Requested By:Tim Miller, Director Source of Funds:
Department:Parks & Recreation
032-8082-551-5007
Account Number:
$82,932.96
Amount Budgeted:
ReportResolutionOrdinance
$82,932.96
Amount Requested:
Exhibits: Harris County Area Agency on AgingAward
Budgeted Item:YesNo
Letter
SUMMARY& RECOMMENDATION
Historically,La Porte Parks and Recreation has maintained andmanageda Senior
Nutrition Programin cooperation with Harris County Area Agency on Aging.This
program provides meals to seniors that are home bound and to those who are ableto
come to the Norman Malone Senior Center to eat and socialize with their peers. This
year the City was awarded $28,051.95 for home delivered meals and $54,881.01 for
congregate meals, which equates to a total of $82,932.96 for the operation and
administration of the Senior Nutrition Program for the fiscal year 2021-2022. These
expenses include the purchasing of meals, personnel, transportation costs, and
administration of the program.
In order to pay invoicesfor the purchase of meals through Valley Innovative Services
and reimbursement of other operational and administrative expenses for the Senior
Nutrition Program through fiscal year 2022, the Parks and Recreation department is
recommending the approval ofexpenses of up to $82,932.96.
ACTION REQUIRED BY CITY COUNCIL
Approval of $82,932.96to cover expenses associated with the operation and
administration of the Senior Nutrition Program at the Norman Malone Senior
Center for Fiscal year 2021 2022.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
N/A
Requested By:Shelley Wolny, Asst. Director Source of Funds:
Department:Finance
N/A
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
N/A
Amount Requested:
Exhibits:Resolutions 2021-66 Amending TexPool,
Budgeted Item:YesNo
Resolution 2021-67 Amending LOGIC and Resolution
2021-68 Amending TexSTAR
SUMMARY& RECOMMENDATION
The Public Funds Investment Act (PFIA) requires that governing bodies designate by rule, order, ordinance,
or resolution, as appropriate, one or more officers or employees of the entity to be responsible for the
investment of its funds consistent with the investment policy adopted by the entity.
The City of La Porte currently recognizes the Finance Directorand Assistant Director of Finance as
Investment Officers. The resolutions authorizing investment representatives were previously amended in
March 2021 due to the retirement of the Controller. At that time, a replacement had not yet been
identified. Staff is recommending the addition of the Budget Analyst to serve asa backup representative,
which will allow her to transfer fu
operating account is the predetermined location for pooled investment account withdrawals, and cannot
re two approvals.
Additionally, the Budget Analyst will receive Public Funds Investment Act training.
Along with the Resolution to Amend Authorized Representatives required by TexPool, LOGIC and
TexSTAR, the required forms for Texas Class are included.
ACTION REQUIRED BY CITY COUNCIL
Approve Resolution2021-66 for TexPool, Resolution 2021-67 for LOGIC and
Resolution 2021-68 for TexSTARamending the Authorized Investment
Representatives for the City of La Porte.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: December13, 2021
001-GeneralFund/
Requested By:Shelley Wolny, Asst. Director
002 Utility Fund
Source of Funds:
001-7078-535-4011
Department:
Finance
002-7084-533-2007
ReportResolutionOrdinance
002-7084-532-2007
Account Number:
$0
Amount Budgeted:
Exhibits:Ordinance, Exhibits A & B and Detail
$158,155
Amount Requested:
Information(Exhibit C)
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The City of La Porte City Council adopted the Fiscal Year 2021-22Budget on
September 13, 2021. Due to a grave public necessity and to meet an unusual and
unforeseen condition that could not have been included in the original budget, staff is
requesting a budget amendment for FY 2021-22in the amount of $58,000for increased
costs for liquid chlorine and $100,155 for repairs to the Seabreeze pier.
The Summary of Funds, which is shown below, represents the original adopted budget,
the amendments which Council previously approved to the FY 2021-22Budget.
(*denotes funds with current changes)
FY 2022Proposed FY
FY 2022Revised 2022
Original BudgetAmended
Budget(N/A)Budget
General Fund $ 59,219,618$ 59,219,618$ 59,319,773*
Grant Fund11,869,02311,869,02311,869,023
Street Maintenance Sales Tax 1,703,0001,703,0001,703,000
Fund
Emergency Services District 1,495,4631,495,4631,495,463
Sales Tax Fund
Hotel/Motel Occupancy Tax1,032,6821,032,6821,032,682
Economic Development 3,087,7713,087,7713,087,771
Corporation
Tax Increment Reinvestment 3,642,9803,642,9803,642,980
Zone
Utility9,360,0329,360,0329,418,032*
Airport 109,721109,721109,721
La Porte Area Water Authority1,778,9791,778,9791,778,979
Motor Pool 4,080,4934,080,4934,080,493
Insurance Fund 9,333,698 9,333,698 9,333,698
Technology Fund 539,024 539,024 539,024
General Capital Improvement 3,705,823 3,705,823 3,705,823
Utility Capital Improvement 690,000 690,000 690,000
Sewer Rehabilitation Capital 350,000 350,000 350,000
Improvement
Drainage Improvement Fund 1,976,520 1,976,520 1,976,520
2021 C/O Bond Fund 1,100,000 1,100,000 1,100,000
General Debt Service 5,027,196 5,027,196 5,027,196
Total of All Funds $120,102,023 $120,102,023 $120,260,178
ACTION REQUIRED BY CITY COUNCIL
Adopt ordinance 2021- 3857
2021-22 Budget for a total of $158,155 for increased costs for liquid chlorine and
repairs to Seabreeze pier.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE2021-3857
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2021, THROUGH SEPTEMBER 30, 2022; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require
that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior
to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of
said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2021, through September 30, 2022, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 27, 2021, and a public hearing scheduled for September 13, 2021 was duly advertised
and held, and said Budget was finally approved by ordinance on September 13, 2021;
WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after
final adoption of the budget, the governing body of the municipality may spend municipal funds only in
strict compliance with the budget, except in emergency, where in such cases the governing body of the
municipality may authorize an emergency expenditure as an amendment to the original budget only in
the case of grave public necessity to meet an unusual and unforeseen condition that could not have been
included in the original budget through the use of reasonably diligent thought and attention;
WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of
a municipality may make changes to its budget for municipal purposes;
WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the
best interest of the health, safety and general welfare of the inhabitants of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could
not have been included in the original budget through the use of reasonably diligent thought and attention,
the Budget must be amended and revised with respect to those appropriations set forth in Exhibit C,
attached hereto by reference and made part hereof. In support thereof, the City Council finds that
additional expenditures are necessary for the following purposes: 1) $58,000.00, due to substantially
increased costs for acquisition of liquid chlorine, as required for water and wastewater treatment; and 2)
$100,155.00 for repairs to the Seabreeze Park pier, necessitated by damaged caused by Hurricane
Nicholas. Such additional expenditures are more specifically described on Exhibit C.
SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as , as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2021, through September 30, 2022.
SECTION 3. The several amounts stated in Exhibit C as the requested additional expenditures are hereby
appropriated to and for the objects and purposes therein named and are found to be for municipal
purposes.
SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the
resources of each fund, as so amended and revised.
SECTION 5: The City Council finds that all things requisite and necessary to the adoption of said Budget
and the amendments made hereto have been performed as required by charter or statute.
SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with
the City Secretary, who shall attach a copy of same to the original budget.
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 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 8: This Ordinance shall be in effect from and after its passage and approval.
th
PASSED AND APPROVED this the 13 day of December 2021.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
EXHIBIT A
(ADOPTED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 21-22FY 21-22
RevenuesExpenses
Governmental Fund Types:
General Fund$ 55,730,612$ 59,219,618
Grant Fund 8,303,275 11,869,023
Street Maintenance Sales Tax 1,503,500 1,703,000
Emergency Services District 1,502,500 1,495,463
Hotel/Motel Occupancy Tax 652,000 1,032,682
Economic Development Corporat 3,009,000 3,087,771
Tax Increment Reinvestment 7,375,143 3,642,980
Total Governmental Types 78,076,030 82,050,537
Enterprise:
Utility 8,256,000 9,360,032
Airport 59,500 109,721
La Porte Area Water Authority 1,969,354 1,778,979
Total Enterprise 10,284,854 11,248,732
Internal Service
Motor Pool 4,275,738 4,080,493
Insurance Fund 10,320,731 9,333,698
Technology Fund 479,633 539,024
Total Internal Service 15,076,102 13,953,215
Capital Improvement:
General 5,438,531 3,705,823
Utility 652,000 690,000
Sewer Rehabilitation 300,500 350,000
Drainage Improvement Fund 1,892,000 1,976,520
2021 Certificates of Obligation - 1,100,000
Total Capital Improvement 8,283,031 7,822,343
Debt Service:
General 5,029,752 5,027,196
Total Debt Service 5,029,752 5,027,196
Total All Funds$ 116,749,769$ 120,102,023
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 21-22FY 21-22
RevenuesExpenses
Governmental Fund Types:
General Fund$ 55,730,612$ 59,319,773
Grant Fund 8,303,275 11,869,023
Street Maintenance Sales Tax 1,503,500 1,703,000
Emergency Services District 1,502,500 1,495,463
Hotel/Motel Occupancy Tax 652,000 1,032,682
Economic Development Corporat 3,009,000 3,087,771
Tax Increment Reinvestment 7,375,143 3,642,980
Total Governmental Types 78,076,030 82,150,692
Enterprise:
Utility 8,256,000 9,418,032
Airport 59,500 109,721
La Porte Area Water Authority 1,969,354 1,778,979
Total Enterprise 10,284,854 11,306,732
Internal Service
Motor Pool 4,275,738 4,080,493
Insurance Fund 10,320,731 9,333,698
Technology Fund 479,633 539,024
Total Internal Service 15,076,102 13,953,215
Capital Improvement:
General 5,438,531 3,705,823
Utility 652,000 690,000
Sewer Rehabilitation 300,500 350,000
Drainage Improvement Fund 1,892,000 1,976,520
- 1,100,000
Total Capital Improvement 8,283,031 7,822,343
Debt Service:
General 5,029,752 5,027,196
Total Debt Service 5,029,752 5,027,196
Total All Funds$ 116,749,769$ 120,260,178
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Ray Mayo, Director Source of Funds:002 –Utility Fund
Department:Public Works
002-7084-533-2007
Account Number:002-7087-532-2007
ReportResolutionOrdinance
$3,600.00
Amount Budgeted:$80,000.00
Exhibits: Bid Tabulation #22005, Access report,
$6,600.00
DXI Bid
Amount Requested:$135,000.00
Budgeted Item:YesNo
SUMMARY & RECOMMENDATION
City of La PorteBid #22005forLiquid Chlorine was opened on November 9, 2021. The
bid was advertised on October 21st and October 28theditions of the Bay Area
Observer, posted on Public Purchase and the City website. A total of 17vendors
accessed the bid documents, with only one supplier providing a bid.The bid was for
estimated quantities to establish unit prices for 150 pound and one ton cylinders.
The single bid was provided by DXI Industries. DXI is the major provider for liquid
chlorine and major water treatment chemicals in the Houston, Texas Area. DXI has
been the preferred chemical provider to the City of La Porte for over 20 years. In early
October the City was notified of a substantial price increase for liquid chlorine that is
affecting cities across the nation.During budget preparation, staff planned for a 20%
increase, the product is now seeing a 150% increase.
StaffStaffrecommends approval of a budget amendment ($58,000.00) and award of Bid recommends approval of a budget amendment ($58,000.00) and award of Bid recommends approval of a budget
amendment ($58,000.00) and award of Bid
#22005 to DXI Industries to provide #22005 to DXI Industries to provide liquid chlorine for liquid chlorine for water water and wastewater and wastewater treatmenttreatment. .
Benefits:
Acceptance of the bid will provide stable chlorine prices for one year.
Liabilities:
Future world market for chemicals is volatile.
ACTION REQUIRED BY CITY COUNCIL
Award Bid #22005for Liquid Chlorineto DXI Industries and authorize the City
Manager to enter into a one-year contract, not to exceed amended budget
EXHIBIT C
amounts.
Approved for the City Council meeting agenda
Corby D. Alexander,City Manager Date
EXHIBIT C
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13,2021
Requested By:Ray Mayo, Director
Escrow Account
Source of Funds:& GeneralFund
Department:Public Works
Account Number:001-7078-535-4011
ReportResolutionOrdinance
Amount Budgeted:$110,000.00
Amount Requested:$201,430.00
Exhibits: Bid Tabulation22003, Notification and
Access Report, Bid fromMB Western,
Budgeted Item:YesNo
Request Letter toHarris County,
Harris County Approval
SUMMARY& RECOMMENDATION
City of La Porte Bid #22003 Sylvan Beach and Seabreeze Pier Repairs, was opened
stth
on November 16, 2021. The bid was advertised on October 21and October 28in the
Bay Area Observer, The City website and Public Purchase. A total of 31contractors
downloadedthe bid documentsand three (3) bids were received. The low bid was
submitted by MB Western Industrial ContractingCo., in the amount of $171,430.00.
References for the low bidder were checked by staff and found to be favorable.
Both Sylvan Beach PBoth Sylvan Beach PBoth Sylvan Beach Pierierand Seabreeze Pier were damaged during Hurricane Nicholasand Seabreeze Pier were damaged during Hurricane Nicholasand Seabreeze
Pier were damaged during Hurricane Nicholas, ,
on September 13, 2021, after the FY2021on September 13, 2021, after the FY2021--22 budget had been approved. 22 budget had been approved. Routine Routine
repairs were budgeted for Sylvan Beach Pier in the amount of $110,000.00. The
balance remaining from the remaining from the original budget amount will be used for
electrical repairs to Sylvan Beach pier after the reconstruction is completed. The scop scope
of the electrical repairsof the electrical repairswill be assessed after the pier is reassessed after the pier is re-constructed.A budget A budget
amendment will need to be approved for the repairs to Seabreeze pier.amendment will need to be approved for the repairs to Seabreeze pier.
Sylvan (budgeted) $110,000Seabreeze Seabreeze (amended budget)(amended budget)$100,155$100,155
Bid Amount $86,275Bid Amount $85,155
Contingency $15,000Contingency $15,000
Remaining for electrical repairs;
$8,725 and unspent contingency
In 1994, there was an escrow fund established by agreement with Harris County for
futureSylvan Beach pier maintenance and repairs. The fund is comprised of two-thirds
(2/3)of the fees collected for pier entry tickets.Repairs in excess of $5,000.00 annually
require written approval from Harris County.
EXHIBIT C
Staff recommends approval of a budget amendment for Seabreeze Pier repairs
($100,155.00) and the award of Bid #22003 to MB Western Industrial Contracting Co.
in the amount of $171,430.00 along with a contingency amount of $30,000.00, for a
total authorization of $201,430.00.
Benefits:
Both piers are widely recognized as amenities in La Porte
Both piers are heavily used by visitors and residents
Liabilities:
Delays inrepair may lead to increased repair costs
Delays in repair mayaffect the number of visitors to La Porte
ACTION REQUIRED BY CITY COUNCIL
Award of Bid #22003 Sylvan Beach and Seabreeze Pier Repairs, to MB Western
Industrial Contracting Co. and authorize the City Manager to enter into a
construction contract in the amount of $171,430.00, with a contingency in the
amount of $30,000.00, for a total authorization of $201,430.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
EXHIBIT C
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Shelley Wolny, Asst. Director Source of Funds:N/A
Department:Finance
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Resolution, Investment Policy
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The City of La Porte City Council originally adopted an Investment Policy on January
13, 1992, by Ordinance No. 1802. The Investment Policy governs how the City will
Investment Officers to follow for the preservation of capital. The Public Funds
Investment Act requires that a City must present the Investment Policy to Council
annually for review or amendment. The policy was last amended on December14,
2020.
The Finance Department presented the Investment Policy to the Fiscal Affairs
Committee for reviewon November 8, 2021. Staff is recommending minor wording
adjustments to terminologywith the Public Funds Investment Act.
ACTION REQUIRED BY CITY COUNCIL
ApproveResolution 2021-69adopting an investment policy confirming to all
of limitation, the Public Funds Investment Act.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
RESOLUTION NO. 2021-69
A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ADOPTING AN INVESTMENT
POLICY CONFORMING TO ALL STATUTES GOVERNING INVESTMENT OF THE
PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256, TEXAS GOVERNMENT CODE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND SETTING AN
EFFECTIVE DATE THEREOF.
WHEREAS, the City of La Porte requires that funds be invested in a manner which
will preserve the principal of funds invested while meeting daily cash flow demands of the
City; and
WHEREAS, the Public Funds Investment Act requires the adoption of certain
investment policies and controls regarding the investment of its funds; and
WHEREAS, the Public Funds Investment Act further requires that the governing
body of an investing entity shall adopt a written investment policy by resolution, and shall
further state that it has reviewed the investment policy and investment strategies adopted,
and that the written policy adopted shall record any changes made to either the
investment policy or investment strategies previously adopted; and
WHEREAS, the City will endeavor to earn a return on funds invested at the highest
return possible after taking into account the primary goals of preservation of liquidity of
cy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, THAT:
SECTION 1. The findings and recitations set out in the preamble to this Resolution are
found to be true and correct and that they are hereby adopted by the City Council of the
City of La Porte and made a part hereof for all purposes.
SECTION 2. The City of La Porte hereby designates the, City of La Porte, Texas
Investment Policy, a true copy of which is on file in the office of the City Secretary of the
City of La Porte and that it is hereby adopted by the City of La Porte and made a part
hereof for all purposes.
SECTION 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour place and subject of this meeting of the City
Council was posted at a place convenient to the public at 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 Resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 4. This resolution shall be effective upon its passage and approval.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
th
City Council of the City of La Porte, Texas, on this the 13 day of December, 2021.
Louis R. Rigby,
Mayor
Lee Woodward,
City Secretary
City of La Porte, Texas
Investment Policy
Adopted by the City Council
Of the City of La Porte
On January 13, 1992, by
Ordinance No. 1802
Amended: City of La Porte, Texas
November 1995
Michael G. Dolby, CPA
August 1997
Director of Finance
November 2000
February 2003
Shelley Wolny
February 2005
Assistant Director of Finance
October 2005
July 2009
May 2011
October 2013
October 2014
November 2017
November 2020
I. POLICY
It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a
manner which will preserve the principal and maintain the liquidity through limitations and
diversification while meeting the daily cash flow requirements of the City. The City will invest all
available funds in conformance with legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
The purpose of this investment policy is to comply with all statutes, rules and regulations
, including the Public Funds Investment Act, Chapter
2256 of the Texas Government Code (the which requires the City to adopt a written
investment policy regarding the investment of its funds and funds under its control. The
Investment Policy addresses the methods, procedures and practices that must be exercised to
ensure effective and judicious
II. SCOPE
The City will strive to earn a return on funds invested at the highest investment return possible
after taking in consideration the primary goals of preservation of principal and liquidity of funds
invested, consistent with the policy objectives described below. This investment policy applies to
the investment activities of the government of the City of La Porte, Texas.
FUNDS INCLUDED investment
portfolio, include all financial assets of all funds managed by the City, including but not limited to
receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds
received by the City where the City performs a custodial function. These funds are accounted for
General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Investment income will be allocated to the various funds based on their respective participation
and in accordance with generally accepted accounting principles.
III. OBJECTIVES
SAFETY The primary objective of the City's investment activity is the preservation of capital and
the protection of investment principal in the overall portfolio. Each investment transaction shall
seek first to ensure that capital losses are avoided, whether they are from securities defaults or
erosion of market value. The City will strive to minimize credit risk by limiting investments to the
safest types of investments, prequalifying the financial institutions and broker/dealers with which
the City conducts business, and diversify the investment portfolio so that potential losses on
individual issuers will be minimized. To minimize interest rate risk, the City will ladder the
portfolio and match investments with future cash requirements and invest operating funds in
shorter, more liquid securities and investments.
LIQUIDITY The City's investment portfolio will remain sufficiently liquid to enable the City to meet
operating requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements and by investing in
securities with active secondary markets. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or
local government investment pools that offer same day liquidity.
PUBLIC TRUST All participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment Officials shall avoid any transaction that might impair
public confidence in the City's ability to govern effectively. The governing body recognizes that in
a diversified portfolio, occasional measured losses due to market volatility are inevitable, and
must be considered within the context of the overall portfolio's investment return, provided that
adequate diversification has been implemented.
YIELD (Optimization of Interest Earnings) The City's cash management portfolio shall be designed
with the objective of regularly meeting or exceeding the average rate of return on U.S. Treasury
Bills at a maturity level comparable to the weighted average maturity in days. The
investment program shall seek to augment returns above this threshold consistent with risk
limitations identified herein and prudent investment principles.
INVESTMENT STRATEGY The City maintains a commingled portfolio for investment purposes
which incorporates the specific uses and the unique characteristics of the funds in the portfolio.
The investment strategy has as its primary objective assurance that anticipated liabilities are
matched and adequate investment liquidity provided. The City shall pursue conservative portfolio
management strategy. This may be accomplished by creating a laddered maturity structure with
some extension for yield enhancement. The maximum dollar weighted average maturity of 2
years or less will be calculated using the stated final maturity date of each security.
IV. RESPONSIBILITY AND CONTROL
Oversight Responsibility for the investment activity of the City of La Porte shall rest with the Fiscal
Affairs Committee and the City Manager. They will designate investment officer(s), receive and
review quarterly reporting, approve and provide for investment officer training, approve
broker/dealers, and review and adopt the Investment Policy and Strategy at least annually.
DELEGATION Management responsibility for the investment program is hereby delegated to the
Director of Finance, who shall establish written procedures for the operation of the investment
program, consistent with this investment policy. Such procedures shall include explicit delegation
of authority to persons responsible for investment transactions.
SUBORDINATES All persons involved in investment activities will be referred to as "Investment
Officers." No person shall engage in an investment transaction except as provided under the
terms of this policy and the procedures established by the Director of Finance. The Director of
Finance shall be responsible for all transactions undertaken, and shall establish a system of
controls to regulate the activities of Subordinate Investment Officers. All investment officers,
including the Director of Finance, will demonstrate quality, capability and competence in the
investment program with ongoing training and evaluation by management.
PRUDENCE Investments shall be made with judgment and care, under prevailing circumstances,
that a person of prudence, discretion and intelligence would exercise in the management of the
own affairs, not for speculation, but for investment, considering the probable safety of
capital and the probable income to be derived. Investment Officers acting in accordance with
written procedures and this investment policy and exercising due diligence shall be relieved of
personal responsibility for an individual security's credit risk or market price changes, provided
deviations from expectations are reported in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy.
IMDEMNIFICATION The Director of Finance and the Investment Officer, acting in accordance
with written procedures and exercising due diligence, shall not be held personally responsible for
reported immediately and the appropriate action is taken to control adverse developments.
ETHICS DISCLOSURE AND CONFLICTS OF INTEREST Officers and employees involved in the
investment process shall refrain from personal business activity that could conflict with proper
execution and management of the investment program, or which could impair their ability to
make impartial investment decisions. Employees and Investment Officers shall disclose to the
City Manager any material interests in financial institutions that conduct business with the City of
La Porte, and shall further disclose any personal financial or investment positions that could be
related to the performance of the City's investment portfolio. Employees and Investment Officers
shall refrain from undertaking personal investment transactions with the same individual with
which business is conducted on behalf of the City of La Porte.
An Investment Officer of the City of La Porte who has a personal business relationship with an
organization seeking to sell an investment to the City of La Porte shall file a statement disclosing
that personal business interest. An Investment Officer who is related within the second degree
by affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte
shall file a statement disclosing that relationship. A statement required under subsection
2256.005(i) of the Act must be filed with the Texas Ethics Commission and the governing body of
the City of La Porte.
TRAINING Investment Officers shall attend 10 hours of investment training within 12 months
after taking office or assuming duties, and 8 hours every succeeding two years that begins on the
st
first day of the fiscal year, which is October 1, and consists of the two consecutive fiscal years
after that date. The investments training shall be provided from an independent source approved
by the Fiscal Affairs Committee to insure the quality and capability of investment management in
compliance with the Act. For the purposes of this policy, an "independent source" is defined as a
professional organization, an institute of higher learning or any other sponsor other than a
Business Organization with whom the City may engage in investment transactions. Training shall
be in accordance with the Act and shall include education in investment controls, security risks,
strategy risks, market risks, diversification of investment portfolio, and compliance with statutes
governing the investment of public funds.
V. REPORTING
Investment reports shall be prepared quarterly and be signed and submitted by the Investment
Officers, in a timely manner. These reports will be submitted to the City Manager and City Council.
This report shall describe in detail the investment position of the City, disclose the market value
and book value of each fund group as well as each separate investment, and state the maturity
date of each security and accrued interest for the reporting period. The report shall include all
information as required by Section 2256.023 of the Act. It must also express compliance of the
and the Act.
MONITORING The market price of each investment shall be obtained monthly from a source such
as the Wall Street Journal newspaper, a reputable brokerage firm or
security pricing service and reported on the investment reports. Investments with minimum
rating requirements will be monitored for rate changes and liquidation of such investments will
be determined at such time.
Monitoring credit ratings The Investment Officer shall monitor, on no less than a monthly basis,
the credit rating on all authorized investments in the portfolio based upon independent
information from a nationally recognized rating agency. If any security falls below the minimum
rating required by Policy, the Investment Officer shall notify the City Manager of the loss of rating,
and liquidate the investment within one week.
Monitoring FDIC Status for Mergers and Acquisitions The Investment Officer shall monitor, on
no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by
the City based upon information from the FDIC. If any bank has been acquired or merged with
another bank in which brokered CDs are owned, the Investment Officer or Advisor shall
immediately liquidate any brokered CD which places the City above the FDIC insurance level.
VI. INVESTMENTS
ACTIVE PORTFOLIO MANAGEMENT The City intends to pursue active versus passive portfolio
management philosophy. That is, securities may be sold before they mature if market conditions
present an opportunity for the City to benefit from the trade.
AUTHORIZED INVESTMENTS The following are authorized investments for the City and all are
authorized and further defined by the Act. Only those investments listed in this section are
authorized.
A. OBLIGATIONS OF, OR GURANTEED BY GOVERNMENTAL ENTITIES
Obligations, including letters of credit, of the United States or its agencies and
instrumentalities; direct obligations of this state or its agencies and instrumentalities;
other obligations, the principal and interest of which are unconditionally guaranteed or
insured by, or backed by the full faith and credit of, this state or the United States or their
respective agencies and instrumentalities, including obligations that are fully guaranteed
or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and
credit of the United States; obligations of states, agencies, counties, cities, and other
political subdivisions of any state rated as to investment quality by a nationally recognized
investment rating firm not less than A or its equivalent; bonds issued or assumed by the
State of Israel and interest-bearing banking deposits that are guaranteed or insured by:
the Federal Deposit Insurance Corporation or its successor; or the National Credit Union
Share Insurance Fund or its successor. (Section 2256.009 (a) of the Act)
The following are not authorized investments under Section 2256.009 (b) of the Act:
obligations whose payment represents the coupon payment on the outstanding
principal balance of the underlying mortgage-backed security collateral and pays not
principal (Interest only bonded);
obligations whose payment represents the principal stream of cash from the
underlying mortgage-backed security collateral and pays no interest (Principal only
bonds);
collateralized mortgage obligations that have a final stated maturity date of greater
than 10 years; and
collateralized mortgage obligations, the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
B. CERTIFICATES OF DEPOSIT
Fully collateralized certificates of deposit issued by a depository institution or an
approved broker that has its main office or branch office in Texas, selected from a list
adopted by the City, and guaranteed or insured by the Federal Deposit Insurance
Corporation or its successor or the National Credit Union Share Insurance Fund or its
successor; secured by obligations authorized by this subchapter, or secured in any other
manner and amount provided by law for deposits of the City. DIC insured, brokered
certificates of deposit securities from a depository institution that has its main office or a
branch office in Texas, delivered versus payment to the City safekeeping agent, not to
exceed one year to maturity. Before purchase, the Investment Officer must verify the
FDIC status of the bank on www.fdic.gov to assure that the bank is FDIC insured. (Section
2256.010 of the Act)
C. MONEY MARKET MUTUAL FUNDS
A no-load money market mutual fund is permitted as an authorized investment if it is
registered with and regulated by the Securities and Exchange Commission; and complies
with federal Securities and Exchange Commission Rule 2a-7 (17 C.F.R. Section 270.2a-7),
promulgated under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.).
The Fund must provide the City with a prospectus and other information required by the
Securities and Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment
Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.);
In addition to a no-load money market mutual fund permitted as an authorized
investment as described above, a no-load mutual fund is an authorized investment if the
mutual fund is registered with the Securities and Exchange Commission; has an average
weighted average maturity of less than two years; and either (1) has a duration of one
year or more and is invested exclusively in obligations approved in Subchapter A of the
Act, or (2) has a duration of less than one year and an the investment portfolio is limited
to investment grade securities, excluding asset-backed securities.
The City is not authorized by Section 2256.014 (c) of the Act to:
invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves in other funds held for debt service, in mutual
funds described in the Act (Section 2256.014);
invest any portion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in the Act (Section 2256.014); or
invest its funds or funds under its control, including bond proceeds and reserves and
other funds held for debt service, in any one mutual fund described in the Act (Section
2256.014) in an amount that exceeds 10 percent of the total assets of the mutual
fund.
D. INVESTMENT POOLS
Investment pools, as authorized by the City Council, must be AAA or AAA-M rated, or an
equivalent rating by at least one nationally recognized rating service. A public funds
investment pool that uses amortized cost or fair value accounting must mark its portfolio
to market daily, and to the extent reasonably possible, stabilize at a $1.00 net asset value,
when rounded and expressed to two decimal places. To maintain eligibility to receive
funds from and invest on behalf of the City, an investment pool must adhere to reporting
and investment requirements defined by Section 2256.016 of the Act.
EXISTING INVESTMENTS The Investment Officer is not required to liquidate investments that
were authorized investments at the time of purchase. Any investments currently held that do not
meet the guidelines of this policy shall be reviewed to determine the ability to liquidate. An
investment that requires a minimum rating under this subchapter does not qualify as an
authorized investment during the period the investment does not have the minimum rating. An
entity shall take all prudent measures that are consistent with its investment policy to liquidate
an investment that does not have the minimum rating. If the investment cannot be liquidated
because of material adverse change in the value since the time of purchase, and holding the
investment to maturity does not negatively affect disbursements or cash flow, a recommendation
of holding said investment to maturity is acceptable.
MAXIMUM MATURITIES The maximum stated maturity, from the date of purchase, for any
individual investment may not exceed 5 years and the maximum dollar-weighted average
maturity for the pooled fund group (investment portfolio) may not exceed 2 years.
DIVERSIFICATION It is the policy of the City to diversify its investment portfolios. Assets held in
the pooled investment portfolio shall be diversified to eliminate the risk of loss resulting from
over-concentration of assets in a specific maturity, specific issuer or specific class of securities.
Diversification strategies shall be determined and revised periodically by the Fiscal Affairs
Committee.
FINANCIAL INSTRUMENTS Maximum allowable percentages of the total portfolio for investments
are stated as follows:
Investment Type Maximum Limit
1. Investment Pools 100%
2. Money Market Accounts 10%
3. Certificates of Deposit 60%
4. U.S. Government Securities 80%
5. U.S. Agency Securities 80%
VII. SELECTION OF FINANCIAL INSTITUTIONS AND BROKER DEALERS
SELECTION OF FINANCIAL INSTITUTIONS Depositories shall be selected through the City's banking
services procurement process, which shall include a formal request for proposal (RFP) issued
every five (5) years. In selecting depositories, the services available, service costs, and credit
worthiness of institutions shall be considered, and the Director of Finance shall conduct a
comprehensive review of prospective depositories credit characteristics and financial history.
The depository contract will provide for collateral if balance exceeds FDIC Insurance amounts.
The City shall select financial institutions from which the City may purchase certificates of deposit
in accordance with the Act and this policy and will have a written depository agreement with the
selected institution, which wa
The Investment Officer shall monitor the fiscal condition of financial institutions where certificates
of deposit are held.
AUTHORIZED FINANCIAL BROKER/DEALERS AND INSTITUTIONS The Investment Officer shall
maintain a list of broker/dealers and financial institutions authorized to provide investment
services. These may include primary dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C3-1 (uniform net capital rule). All financial institutions and
broker/dealers who desire to become qualified bidders for investment transactions must submit:
audited financial statements, proof of Financial Industry Regulatory Authority (FINRA)
certification, and proof of state registration.
Before engaging in investment transactions with a financial institutions or broker/dealers, the
Investment Officer shall have received, from a Qualified Representative of said firm, a signed
Certification Form. (Exhibit B) This form shall attest that the individual responsible for the City's
account with that firm has (1) received and reviewed the investment policy of the City; and (2)
acknowledged that the business organization has implemented reasonable procedures and
controls in an effort to preclude investment transactions conducted between the City and the
organization that are not authorized by the investment policy, except to the extent that
this authorization is dependent on an analysis of the makeup of the Centire portfolio or
requires an interpretation of subjective investment standards. Investment Officers of the City
may not acquire or otherwise obtain any authorized investment described in the investment
policy from a person who has not delivered a signed Certification Form. The Fiscal Affairs
Committee shall at least annually review, revise, and adopt a list of qualified broker/dealers and
other financial institutions that are authorized to engage in investment transactions with the City.
(Exhibit A)
COMPETITIVE BIDDING All investment transactions must be competitively transacted and
executed with broker/dealers or financial institutions that have been authorized by the City. The
City will obtain at least three competitive offers. Exception: New issues will not be required to
be competitively transacted as all broker/dealers would show the same price and yield.
VIII. COLLATERAL
COLLATERALIZATION OF PUBLIC DEPOSITS Collateralization requirements are governed by the
Texas Government Code Chapter 2257 (Public Funds Collateral Act). All bank deposits, certificates
of deposit, and repurchase agreements shall be secured by pledged collateral. In order to
anticipate market changes and provide a level of security for all funds, the required minimum
collateral level will be a market value equal to no less than 102% of the deposits. Collateral levels
should be monitored and maintained by the financial institution. Repurchase agreements shall
be documented by specific agreement noting the collateral pledged in each agreement and should
be monitored daily. Collateral shall be reviewed monthly to assure the market value of the
securities pledged equals or exceeds the related bank balances.
Collateral shall always be held by an independent third party with whom the
City of La Porte has a current custodial agreement. Evidence of the pledged collateral shall be
maintained by a written agreement. A safekeeping receipt must be supplied to the City of La
Porte for any transaction involving sales/purchases/maturities of securities and/or underlying
collateral, which the City of La Porte will retain. The right of collateral substitution is granted
provided the substitution has prior approval of the City and is followed by the delivery of an
original safekeeping receipt to the City, and replacement collateral is received prior to the release
of original collateral.
COLLATERAL DEFINED The City shall accept only the following securities as collateral:
A. FDIC insurance coverage;
B. United States Treasuries and Agencies;
C. Obligations, including letters of credit, of the United States or its agencies and
instrumentalities.
D. Other securities as approved by the Fiscal Affairs Committee.
SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of Finance
or the City's independent auditors.
IX. SAFEKEEPING AND CUSTODY
SAFEKEEPING AGREEMENT
third party safekeeping. The third party custodian shall be required to issue safekeeping receipts
to the City listing each specific security, description, maturity, cusip number yield and/or coupon,
market value and other pertinent information. Each safekeeping receipt shall clearly indicate that
the instrument is held for the City of La Porte. All safekeeping arrangements shall be documented
by the Investment Officer.
DELIVERY VERSUS PAYMENT All investment transactions, except local government investment
pool and mutual funds transactions, shall be executed on a delivery versus payment basis. That
is, funds shall not be wired or paid until verification has been made that the collateral was
received by the Trustee. The collateral shall be held in the name of the City. The Trustee's records
shall assure the notation of the City's ownership of or explicit claim on the securities. The original
copy of all safekeeping receipts shall be delivered to the City.
X. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls, which shall be reviewed by
an independent auditor. The controls shall be designed to prevent losses of public funds arising
from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent actions by employees or Investment Officers of the City.
Controls and managerial emphasis deemed most important that shall be employed where
practical are:
A. Control of collusion
B. Separation of duties
C. Separation of transaction authority from accounting and record keeping
D. Custodian safekeeping receipts records management
E. Avoidance of physical delivery securities
F. Clear delegation of authority to subordinate staff members
G. Documentation on investment bidding events
H. Written confirmation of transactions for investments and wire transfers
I. Reconcilement and comparisons of security receipts with the investment subsidiary records
J. Compliance with investment policies
K. Accurate and timely reports
L. Validation of investment maturity decisions with supporting cash flow data
M. Adequate training and development of Investment Officers
O. Review of financial condition of all brokers, dealers and financial institutions
P. Staying informed about market conditions, changes, and trends that require adjustments in
investment strategies
Q. Monitor credit ratings
COMPLIANCE AUDIT The City shall perform, in conjunction with its annual financial audit, a
compliance audit of management controls on investments and adherence to the entity's
established investment policies. The audit shall include a formal review of the quarterly
investment reports by an independent auditor and the results reported to the governing body by
the independent auditor. Also, the governing body shall review its investment policy and
investment strategy not less than annually and adopt a written instrument by rule, order,
ordinance, or resolution stating that it has reviewed the investment policy and strategy, and
recorded any changes made to them.
Exhibit A
City of La Porte
Approved List of Brokers/Dealers and Investment Pools
Brokers/Dealers
Wells Fargo
FHN Financial
Hilltop Securities
Amegy Bank
Investment Pools
TexPool
LOGIC Investment Pool
Texas Class
TexStar
Exhibit B
TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION FORM
As required by Texas Government Code 2256.005 (k-l)
CITY OF LA PORTE, TEXAS
This certification is executed on behalf of the City of La Porte, Texas (the Investor) and
___________________________ (the Seller) pursuant to the Public Funds Investment Act,
Chapter 2256, Government Code, Texas Codes Annotated (the Act) in connection with
investment transactions conducted between the Investor and Dealer.
The Undersigned Qualified Representative of the Seller hereby certifies on behalf of the Seller
that:
1. The Qualified Representative is duly authorized to execute this Certification on behalf of
the Seller, and
2. The Qualified Representative has received and reviewed the Investment Policy furnished
by the Investor, and
3. The Seller has implemented reasonable procedures and controls in an effort to preclude
investment transactions conducted between the Seller and the Investor that are not
ntire portfolio or requires an
interpretation of subjective investment standards.
Qualified Representative
________________________________
Signature
________________________________
Name (Printed):
________________________________
Title:
________________________________
Date:
Exhibit C
City of La Porte, Texas
Investment Strategy Statement
The City of La Porte, Texas (the "City") will strive to administer and invest its pooled funds at the
highest investment return possible while always taking into account the primary goals of
preservation of principal and liquidity of funds invested consistent with the City's investment
policy.
The City's funds, which are pooled together and constitute the investment portfolio, include all
financial assets of all funds managed by the City, including but not limited to receipts of tax
revenues, charges for services, bond proceeds, interest incomes, loans and funds received by the
City where the City performs a custodial function.
The City will never invest its funds in a security that is deemed unsuitable to the financial
requirements of the City. Maturities will be staggered in a manner that meets the cash flow
needs of the City.
The primary investment objective is the preservation and safety of principal. Each investment
transaction shall seek first to ensure that principal losses are avoided, whether they are from
security defaults or erosion of market value.
The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating
requirements that might be reasonably anticipated. Liquidity shall be achieved by matching
investment maturities with forecasted cash flow requirements and by investing in securities with
active secondary markets.
The City shall always maintain a highly diversified investment portfolio in order to reduce the
amount of credit and market risk exposed to the City's portfolio.
After first considering safety and liquidity, the City's investment portfolio shall be designed with
the objective of regularly exceeding the average rate of return on U.S. Treasury Bills at a maturity
returns above this threshold consistent with risk limitations identified in the City's investment
policy and prudent investment principles.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
N/A
Requested By:Shelley Wolny, Asst.Director Source of Funds:
Department:Finance
N/A
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Encumbrance Rollover Report
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
on September 30, 2021. There were19outstanding
purchase orders staff is requesting to roll over to Fiscal Year 2022. The purchase orders
represent goods and services that wereordered and budgeted funds committed to
procure items necessary to operate the City.
A breakdown of the open purchase orders, encumbrances, and budget rollover
requests by operating funds are as follows:
FundNumberAmount
General Fund9$240,254.61
Utility Fund 2$11,235.86
Vehicle Replacement Fund5$556,612.74
Insurance Fund 1$3,626.00
Vehicle Maintenance Fund 1$20,295.00
Emergency Services District Fund 1$58,459.92
Totals19$890,184.13
The above encumbrances will not have an impact on the projected working capital
balances for Fiscal Year 2022, because they were budgeted in Fiscal Year 2021and
following approval by City Council, the system will automatically increase each line
item.
ACTION REQUIRED BY CITY COUNCIL
Approve rollover of the requested encumbrances from City of La Porte Fiscal
Year 2021budget to City of La Porte Fiscal Year 2022budget.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
CITY OF LA PORTE
ENCUMBRANCE ROLLOVER REPORT
FISCAL YEAR SEPTEMBER 30, 2021
Vendor NameEncumbrance AmountDescription
Cobb Fendley and Associates$82,393.14Municipal Engineering Services
Records Consultants Inc.$71,394.00Document Imaging
Pfeiffer & Son LTD$41,210.00Red Signal Enforcement Lights
Ford Audio-Visual Systems LLC$14,930.00EOC AV Improvements
Samsara Inc.$12,856.00Licensing for Vehicle Gateway
Ron Cox Consulting$4,210.80Strategic Planning Consultant
G.T. Distributors$1,089.22Ammunition
Stryker$5,886.45AED's
Cahoon Consulting$6,285.00Professional Services for Community Rating System
General Fund$240,254.61
Samsara$3,248.00Licensing for Vehicle Gateway
Gensolutions LLC$7,987.86Repair to Treatment Plant Generators
Utility Fund$11,235.86
Rush Truck Center$345,848.00Refuse Truck
Rush Truck Center$99,345.00Dump Truck
Rush Truck Center$99,345.00Dump Truck
Dana Safety Supply$11,059.79Upfitting Unit 53-35
Dana Safety Supply$714.95Upfitting Unit 52-58
Vehicle Replacement Fund$556,312.74
FFF Enterprises Inc$3,626.00Flu Vaccine
Insurance Fund$3,626.00
Asset Works$20,295.00Fleet Management Software
Vehicle Maintenance Fund$20,295.00
Ultimate Lighting Solutions$58,459.92Upfitting Units 51-02, 51-19 & 51-43
Emergency Services District Fund$58,459.92
Total Encumbrances$890,184.13
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Steve Deardorff, Chief Source of Funds:032 -Grant Fund
001-5253-521-10XX
Department:PoliceDepartment
Account Number:032-5253-521-1020
ReportResolutionOrdinance
Amount Budgeted:$5,661.02
Amount Requested:$5,616.02
Exhibits:Resolution2021-65-STEP IDMGrantand
Texas Traffic Safety Program Grant Agreement
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
The La Porte Police Department has made its annual application for the TXDOT
Impaired Driving Mobilization (IDM), STEP grant concerning overtime reimbursement
for the fiscal year 2021-22. This will mark the fourthyear for which the Department has
applied for the grant. The grant has a proven record for reducing the number of impaired
drivers on our roadways. Officers working the grant are assigned to specific areas
where motor vehicle crashes are historically high and where significant injury and
sometime fatal injuries occur. Officers working the IDM grant have performed
approximately200traffic stops, for miscellaneous traffic or equipment violations,in the
last two (2)yearswith7traffic stops resulting in an arrest for DWI.The enforcement
periods coincide with holidays and spring break and run from 6:00pm to 6:00am.
TXDOT has preliminarily approved the award and forwarded the attached grant
agreement forthes consideration and approval.
The grant will reimburse the City up to $4,377.94,with matching contributions from the
City of $1,238.08.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 Resolution2021-65to move forward with the
TXDOT IDM grant.
ACTION REQUIRED BY CITY COUNCIL
Adopt or deny Resolution 2021-65authorizing the City Manager to sign the
TXDOT IDM grant award and other documents for the TXDOTImpaired Driving
Mobilization STEP Grant.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION NO. 2021-65
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 IMPAIRED DRIVING
MOBILIZATION GRANT, THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTION, FOR THE FISCAL YEAR 2021
WHEREAS, injuries and deaths from impaired driving 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, the comm
significantly impacted by injuries of commercial motor vehicle traffic crashes; and
WHEREAS, research shows that impaired driving is a causative factor in many vehicle
traffic crashes; and
WHEREAS, failure to obey laws in regard to impaired driving,
WHEREAS, the National Highway Traffic Safety Administration has shown that fatalities
due to driving while impaired are significant in Harris County, Texas and;
WHEREAS, the Impaired Driving Mobilization - STEP includes public education and
intensified law enforcement to compel the community and drivers to comply with laws
regarding driving while impaired;
NOW THEREFORE, BE IT RESOLVED that the City of La Porte approves the City
Manager to execute all documents for Impaired Driving STEP Grant for December 01,
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.
NOW THEREFORE, BE IT RESOLVED that the City of La Porte approves the City
Manager to execute all documents for Impaired Driving STEP Grant for December 01,
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 Impaired Driving
Mobilization 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:December 13, 2021
Requested By:Steve Deardorff, Chief Source of Funds:N/A
Department:Police
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Interlocal Agreement Between Harris
Budgeted Item:YesNo
County and the City of La Porte for Red Light
Enforcement Equipment (Tattle Tale Lights)
SUMMARY& RECOMMENDATION
The La Porte Police Department has been working on a project to install red light
enforcement equipment, also known as tattle tale lightsin various intersections in La
Porte. Harris County has reviewed our scope of work and assigned a project number;
however, an Interlocal Agreement between the City and the County is required.
The intersections identified as part of the Interlocal Agreement due to their location
being County intersection lights are, Fairmont Parkway at Bay Area Boulevard,
Fairmont Parkway at Canada Drive, Fairmont Parkway at Underwood Road and
Spencer Highway at Underwood Road. The Police Department believes that the
installation of these lights will allow La Porte Police Department to easilyidentify those
whorun these red lights and easethe burden of proof needed for prosecution of the
violation.
The agreement outlines that the City agrees to the maintenance and repair of these
lights and that the County is notresponsible for these lights. The City Public Works
Department will be in charge of any maintenance and repairs necessary.
The Police Department requests City Council authorizethe City Manager authorityto
execute the Interlocal Agreement with Harris County for the installation and
maintenance of Red Light Enforcement Equipment (Tattle Tale Lights).
ACTION REQUIRED BY CITY COUNCIL
Authorize theCity Manager to execute anInterlocalAgreement between the City
of La Porte and Harris County for the installation and maintenance of Red light
Enforcement Equipment (Tattle Tale Lights).
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
INTERLOCAL AGREEMENTBETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE
This Interlocal Agreement (“Agreement”) is made and entered into by and between Harris County
(“County”), a body corporate and politic under the laws of the State of Texas acting by and through its
governing body the Harris County Commissioners Court, and the City of La Porte (“City”) pursuant to the
Interlocal Cooperation Act, Tex. Gov’t Code Ann. §§791.001 – 791.030. The County and City may each
be referred to herein collectively as the “Parties” and individually as a “Party.”
1) GENERAL SCOPE OF SERVICES
A) The City desires to construct Red Light Enforcement Equipment (Tattle Tale Lights) and
related appurtenances, Harris County Project No. 2107290105, (“Non-Standard Elements”)
within the existing right-of-way of Fairmont Parkway at Bay Area Boulevard, Fairmont
Parkway at Canada Drive, Fairmont Parkway at Underwood Road, and Spencer Highway at
Underwood Road (“Road ROW”), located in Harris County Precinct 2 as generally
illustrated on Exhibit A attached hereto and incorporated herein by reference.
B) The City agrees that the maintenance and repair of the Non-Standard Elements
(“Maintenance”) is not standard maintenance for the County.
C) The City warrants and represents it will perform the Maintenance in compliance with all
federal, state, and local laws, ordinances, rules, and regulations relating to the Maintenance.
D) Unless otherwise stated in this Agreement, words which have well-known technical or
industry meanings are used in accordance with such recognized meaning.
E) City shall verify that each subcontractor it retains to perform the Maintenance pursuant to
this Agreement are in compliance with Section C above.
F) City agrees that no part or appurtenance of the Road ROW shall be considered private
property and the general public shall have the same access to such parts and appurtenances
as to other County road right-of-ways.
G) The Parties agree that a public purpose will be served by the Maintenance performed by the
City in accordance with this Agreement and all funds expended for the performance of such
Maintenance will be from current fiscal funds.
2) CITY’S RESPONSIBILITIES
A) City agrees to accept full ownership of the Non-Standard Elements and responsibility for the
perpetual Maintenance of the Non-Standard Elements, at no cost to the County, in
accordance with the standards set forth in this Agreement. City will, at no cost to the County,
provide Maintenance of the Road ROW to the extent that the need for such Maintenance is
a direct result of damage to the Non-Standard Elements or is otherwise directly caused by
the Non-Standard Elements. The City shall have no responsibility for maintenance and
repair of the Road ROW, except as stated in this Agreement.
B) Maintenance required by the City shall include, but not be limited to, maintaining the
intended function and the aesthetic appearance of the Non-Standard Elements. It shall also
include removing and relocating the Non-Standard Elements if the County determines that
it will be desirable due to changes in applicable regulations, including the Texas
Accessibility Standards, or planned future improvements to the intersections, such as
1
signalization or construction of additional lanes. In addition to satisfying the standards set
forth in this Agreement in performance of its maintenance responsibilities, the City’s
performance shall conform to the standards prevailing in the County at the time of such
maintenance with respect to scope, quality, due diligence, and care, in regard to usual and
customary maintenance by the County on its typical medians and appurtenances in the
median.
C) If the Harris County Engineer (“County Engineer”) determines that any Maintenance work
is not being performed in accordance with the standards for same, as specified in this Section,
he/she may request that the work be discontinued. The City shall thereafter discontinue such
work until the City demonstrates to the County Engineer that the work will be performed in
accordance with such standards and the County Engineer provides notice that the City may
proceed.
D) City agrees to make necessary repairs to the Non-Standard Elements or medians, or the Road
ROW to the extent such repairs to the Road ROW are necessary due to damage to the Non-
Standard Elements or is otherwise caused by the Non-Standard Elements or Maintenance of
the Non-Standard Elements, as soon as reasonably practicable. Should the deficiencies
requiring such repairs endanger the public, the Cityshall implement interim safety measures
until it can provide such Maintenance. However, the County may provide such measures on
behalf of the City without prior notice to the City if the County Engineer, in his sole
discretion, determines that it is necessary to implement interim safety measures until such
time as the City can provide its own safety measures. The City shall be responsible for the
cost incurred by the County in providing any interim safety measures on its behalf. In any
event, the City agrees to provide necessary Maintenancewithin one hundred and twenty
(120) days from the date the City becomes aware or reasonably should have become aware
of the need for such Maintenance.
E)Prevention and Repair of Damage. In performing the Maintenance, the City shall follow
necessary safety measures and shall take measures to prevent damage to persons and
property resulting from the conditions that the City is responsible for repairing and
maintaining and resulting from repairs thereto.
F) Notice of Repair or Maintenance. The City shall notify the County in writing before
commencement of repair or maintenance work under this Section, other than routine
maintenance. If the repair or maintenance is of an emergency nature, such notification may
be provided by telephone and confirmed in writing as soon as reasonably practicable
thereafter. The City shall provide written documentation to the County of the work done
after completion of any non-routine maintenance or repairs within thirty (30) days of
completion of such repairs.
G) Failure to Maintain
a. If the County believes the Cityhas failed to perform its Maintenance duties pursuant
to this Agreement, the County shall notify the City in writing of such failure and
allow the City sixty (60) days to cure any such failure (“Notice to Cure”). If the City
has not taken reasonable steps to cure such failure within sixty (60) days of receipt
of the Notice to Cure, then the County may, in its sole discretion, (a) alter, reduce,
replace, remove, or authorize other changes to the Non-Standard Elements, at the
City’s sole expense, including an administrative cost equal to 10% of the cost, or (b)
terminate this Agreement.
2
b. Notwithstanding the foregoing provisions in Section G(a), the County may perform
such Maintenance if (a) the Non-Standard Elements are in need of Maintenance and
(b) the City has failed to perform such Maintenance in a timely manner. If the County
performs any Maintenance or removal of any of the Non-Standard Elements, the
County shall not be required to restore the Non-Standard Elements to their previous
condition or specifications. The City shall then have the right, at any time in the
future, to enhance, replace, or restore any Non-Standard Elements repaired, replaced,
modified, or removed by the County, and in this event, the Citywill return all
salvageable materials utilized by the County.
3) COUNTY’S RESPONSIBILITIES
A) The execution of this Agreement in itself does not constitute the County’s approval of the
Non-Standard Elements within the Road ROW. If drawings and specifications that include
the Non-Standard Elements are submitted to the County in accordance with the Regulations
of Harris County, Texas for the Approval and Acceptance of Infrastructure (“Regulations”),
the County will review such drawings and specifications. If such drawings and specifications
are approved by the County, the Non-Standard Elements must be constructed in accordance
with the approved and permitted drawings and specifications.
B) When the drawings and specifications are submitted to the County for permitting, the
specific locations of any proposed Non-Standard Elements shall be clearly indicated on such
drawings.
C)In consideration of the Cityentering into this Agreement, the County agrees that it shall not
refuse to approve the installation of the Non-StandardElements if installed in accordance
with the approved and permitted drawings.
D) It is specifically agreed that the County shall have no responsibility for the condition or
maintenance of the Non-Standard Elements.
E) Notwithstanding any provision of this Agreement that might be construed to the contrary,
the Non-Standard Elements shall be considered part of the Road ROW.The County may at
any time alter or remove the Non-Standard Elements, at the City’s sole expense, including
an administrative cost equal to 10% of the cost, if and when the County, in the sole discretion
of the County Engineer or the Applicable County Precinct Road and Bridge Superintendent
(“County Representative”), determines it interferes with the proper use, safety, or operation
of the Road Right-of-Way, for road purposes, or is necessary in order to make improvements
to the Road, or has determined that the aesthetic appeal of the Non-Standard Elements has
not been maintained. The County Engineer or the County Representative shall provide notice
to the City at least sixty (60) days prior to any such alteration or removal. The County agrees
that the City may replace, repair, or reconstruct the Non-Standard Elements altered or
removed by the County pursuant to this Section 3(E), at the City’s sole cost and expense and
subject to approval of plans and specifications by the County. Otherwise, upon complete
removal of the Non-Standard Elements, the City’s maintenance responsibility shall end for
the Non-Standard Elements.
4) INDEPENDENT PARTIES
This Agreement is not intended to create and shall not constitute a partnership or joint venture
between the Parties. Each Party shall have and retain the exclusive right of control over
employment, firing, discipline, compensation, insurance, and benefits in accordance with the
3
applicable laws of the State of Texas. Neither Party has authority to bind or otherwise obligate the
other Party orally, in writing or by any act or omission. Nothing contained herein shall establish an
agency, employee-employer relationship, partnership, joint enterprise, joint employer, or joint
venture relationship by or between the County and the City.
5) TERM
This Agreement is effective as of the date that it has been approved and executed by all Parties (the
“Effective Date”) and remains in force and effect for a period of 20 years (“Term”). Thereafter, this
Agreement shall be renewed for successive one (1) year terms (each a “Renewal Term”).
6) LIMITATION OF APPROPRIATION
The City understands and agrees, said understanding and agreement also being the absolute essence
of this Agreement, that the County is not appropriating any funds under this Agreement.
7) TEXAS PUBLIC INFORMATION ACT
A) The Parties expressly acknowledge that this Agreement is subject to the Texas Public
Information Act, Tex. Gov’t Code Ann. §§ 552.001 et seq., as amended (the “Act”). City
expressly understands and agrees that the County shall release any and all information
necessary to comply with Texas law without the prior written consent of City.
B) It is expressly understood and agreed that the County, its officers and employees may request
advice, decisions and opinions of the Attorney General of Texas (“Attorney General”) in
regard to the application of the Act to any software, or any part thereof, or other information
or data furnished to the County, whether or not the same are available to the public. It is
further understood that the County, its officers and employees shall have the right to rely on
the advice, decisions, and opinions of the Attorney General, and that the County, its officers,
and employees shall have no liability or obligations to City for the disclosure to the public,
or to any person or persons, of any software, or a part thereof, or other information or data
furnished to the County in reliance on any advice, decision or opinion of the Attorney
General.
C) In the event the County receives a written request for information pursuant to the Act that
affects City’s rights, title to, or interest in any information or data or a part thereof, furnished
to the County by City under this Agreement, then the County will promptly notify City of
such request. City may, at its own option and expense, prepare comments and submit
information directly to the Attorney General stating why the requested information is exempt
from disclosure pursuant to the requirements of the Act. City is solely responsible for
submitting the memorandum brief and information to the Attorney General within the time
period prescribed by the Act. City is solely responsible for seeking any declaratory or
injunctive relief regarding the disclosure of information that it deems confidential or
privileged.
4
D)Electronic Mail Addresses. City affirmatively consents to the disclosure of its e-mail
addresses that are provided to the County, including any agency or department of the County.
This consent is intended to comply with the requirements of the Act, and shall survive
termination of this Agreement. This consent shall apply to e-mail addresses provided by
City and agents acting on behalf of City and shall apply to any e-mail address provided in
any form for any reason whether related to this Agreement or otherwise.
8) TERMINATION
A) This Agreement may be terminated by mutual written agreement and consent of the City and
the County.
B) If the County permanently removes Road Right-of-Way with Non-Standard Elements from
the Road Log for any reason, the City will have no further Maintenance responsibility for
the Non-Standard Elements or median under this Agreement. If the Road ROW with Non-
Standard Elements covered under this Agreement are removed from the Road Log, this
Agreement will terminate.
C) The above termination provisions of this Section are in addition to rights of the County to
terminate this Agreement under Section 2.
D) Force Majeure. In the event that either Party is unable to perform any of its obligations under
the Agreement or to enjoy any of the benefits because of natural disaster, actions or decrees of
governmental bodies or communications line failure not the fault of the affected party (referred
to as a “Force Majeure Event”), the Party who has been so affected immediately agrees to give
notice to the other Party and agrees to do everything possible to resume performance. Upon
receipt of such notice, the Agreement is immediately suspended. If the period of
nonperformance exceeds ten (10) calendar days from the receipt of notice of the Force Majeure
Event, the Party whose ability to perform has not been so affected may terminate the Agreement
immediately by giving written notice to the other Party.
E) Copies of all completed or partially completed information, programs, inventions, software
(including source code), firmware, designs, documentation or data (the “Documents”)
developed, created or invented under this Agreement shall be delivered to the County when this
Agreement is terminated or completed.
9) NOTICE
Any notice provided or permitted to be given under this Agreement (“Notice”) must be in writing
and may be served by (a) depositing same in the United States mail, certified and addressed to the
Party to be notified; (b) delivering the same in person to such Party; or (c) sending same by electronic
mail (“Email”). Notice given by mail shall be effective upon deposit in the United States mail and
Notice delivered in person or sent by Email shall be effective upon receipt. The addresses for Notice
are as follows:
COUNTY: Harris County Engineering Department
th
1001 Preston, 7 Floor
Houston, Texas 77002
Attention: County Engineer
5
CITY: City of La Porte
604 Fairmont Parkway
La Porte, Texas 77571
Attention: City Manager
Email: citysecretary@laportetx.gov
The Parties may designate another address for all purposes of this Agreement by giving to the other
Party not less than fifteen (15) days’ advance written notice of such change of address.
All other communications, except for Notices required under this Agreement, may be sent by
electronic means or in the same manner as Notices described herein.
10) COMPLIANCE AND STANDARDS
A) City represents and warrants that it is capable and willing to provide the Maintenance called
for in the Agreement, and agrees to render the Maintenance in accordance with the generally
accepted standards applicable to the Maintenance. City shall use that degree of care and
skill commensurate with the profession to comply with all applicable federal, state, and local
laws, ordinances, rules, and regulations relating to the Maintenance and City’s performance
to be rendered hereunder. City represents that City and its personnel are fully qualified to
perform the Maintenance and provide the deliverables described in this Agreement.
B) City agrees to keep confidential the contents of all its discussions with County officials.
City agrees to keep confidential the contents of all County records and all other information
obtained during City’s performance of Maintenance under this Agreement. City shall not
release any confidential information unless the County, in writing, authorizes City to release
specific information to any third parties.
C) City shall not access any information it is not authorized to receive, nor shall City copy,
recreate, or use any proprietary information or Documents obtained in connection with this
Agreement other than for the performance of this Agreement.
D) City warrants and represents that it is not in breach of any other contract, obligation or
covenant that would affect City’s ability to perform hereunder and, as a result of entering
into this Agreement, will not breach any such contract, obligation, or covenant.
E)Conflict of Interest: Citywarrants and represents to the County that it does not have nor shall
it knowingly acquire any interest that would conflict in any manner with the performance of
its obligations under this Agreement. Furthermore, City warrants that no company or
person, other than a bona fide employee, has been employed to solicit or secure this
Agreement with County, and that City has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or
any other consideration, contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this provision, the County shall have the right to
terminate the Agreement without liability.
6
F) No Federal Exclusion: Citywarrants and represents that it is not debarred, suspended, or
otherwise excluded from or ineligible for participation in any Federal programs, including
but not limited to the following: Department of Health and Human Services (DHHS), Office
of Inspector General (OIG) -List of Excluded Individuals & Entities (LEIE);U.S. General
Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50)
Health & Human Services Commission Medicaid OIG Sanction List; Government Terrorist
Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and
Security, Denied Persons List; and Department of Homeland Security, Immigration and
Customs Enforcement (ICE) Most Wanted. Citymust immediately notify the County of any
such exclusion or suspension. City warrants and represents that it is in good standing with
all State and Federal agencies that have a contracting or regulatory relationship with the
County. City warrants and represents that no person who has an ownership or controlling
interest in City’s business or who is an agent or managing employee of City has been
convicted of a criminal offense related to involvement in any federal program.
G)County and its designee shall have the right to conduct examinations, studies and audits of
the services, payments, and efficiencies provided under this Agreement and County may
make such examinations, studies, and audits at any time whether before or after
payment. City shall cooperate with such examinations, studies, and audits and provide
County with such records, data, documents, including all of City’s backup and support data
for billings, and City shall provide access to such records, data, documents and personnel as
are requested by County or the County Auditor. This section shall survive termination of
this Agreement.
H) Whistleblower Protection Act: Cityunderstands and agrees that this Agreement and
employees working on this Agreement will be subject to the whistleblower rights and
remedies in the pilot program on contractor employee whistleblower protections established
at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year
2013 (Pub. L. 112-239) and FAR 3.908. City shall inform its employees in writing, in the
predominant language of the workforce, of employee whistleblower rights and protections
under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
City shall insert the substance of this clause; paragraph M (“Whistleblower Protection Act”),
in all subcontracts providing services under this Agreement.
11) APPLICABLE LAW AND VENUE
A) The Agreement is subject to the state and federal laws, orders, rules, and regulations relating to
the Agreement and funded by state or federal funds or of applicable conditions of participation
in Medicaid or Medicare program(s).
B) This Agreement is governed by the laws of the State of Texas.
C) The forum for any action under or related to the Agreement is exclusively in a state or federal
court of competent jurisdiction in Texas.
7
D) The exclusive venue for any action under or related to the Agreement is in a state or federal
court of competent jurisdiction in Houston, Harris County, Texas.
12) PROHIBITION ON LIENS
In accordance with Texas Property Code §43.002, the City, or its contractors or agents, will not create
or place, or permit to be created or placed, a lien or any other encumbrance on County property. If any
such lien or encumbrance is placed on County property, the City shall pursue any lawful effort,
including but notlimited to seeking relief in a court of competent jurisdiction, to remove the lien or
encumbrance from the property.
13) INSURANCE
A) The Cityshall acquire and maintain liability insurance with a responsible insurance company
or companies, insuring against liability for bodily or personal injury or death or damage to
property.
B) Every such policy of insurance shall provide coverage limits in amounts at least as great as
the maximum liability authorized to be imposed against a similar contractor for
governmental acts by the Texas Tort Claims Act, Chapter 101, Texas Civil Practices and
Remedies Code, as amended and then in effect.
C) The City shall keep insured the Non-Standard Elements with a responsible insurance
company or companies against risks, accidents, or casualties against which and to the extent
insurance is usually carried by a similar contractor; provided, however, that at any time while
any contractor engaged in construction work shall be fully responsible for the construction
work, the City shall not be required to carry insurance on that construction work. In such
instances, the City shall require any contractor engaged in construction work to procure,
carry and maintain the insurance coverage set forth in this Section.
14) INDEMNIFICATION
TO THE MAXIMUM EXTENT ALLOWED BY LAW, CITY SHALL INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE COUNTY FROM AND AGAINST ALL CLAIMS
AND LIABILITY DUE TO THE ACTIVITIES OF CITY, OR ANOTHER ENTITY OVER
WHICH CITY EXERCISES CONTROL, PERFORMED UNDER THIS AGREEMENT
AND WHICH RESULT FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION;
INTENTIONAL TORT; INTELLECTUAL PROPERTY INFRINGEMENT; OR FAILURE
TO PAY A SUBCONTRACTOR OR SUPPLIER; COMMITTED BY CITY OR ANOTHER
ENTITY OVER WHICH CITY EXERCISES CONTROL.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, CITY SHALL ALSO INDEMNIFY,
DEFEND, AND HOLD HARMLESS THE COUNTY FROM AND AGAINST ANY AND
ALL EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES WHICH MIGHT BE
INCURRED BY THE COUNTY, IN LITIGATION OR OTHERWISE RESISTING SAID
CLAIMS OR LIABILITIES WHICH MIGHT BE IMPOSED ON THE COUNTY AS THE
RESULT OF SUCH ACTIVITIES BY CITY OR ANOTHER ENTITY OVER WHICH CITY
EXERCISES CONTROL.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, CITY SHALL INDEMNIFY,
DEFEND, AND HOLD THE COUNTY HARMLESS FROM ANY AND ALL LIABILITY,
8
EXPENSE, JUDGMENT, SUIT, CAUSE OF ACTION, OR DEMAND FOR PERSONAL
INJURY, DEATH, OR DIRECT DAMAGE TO TANGIBLE PROPERTY WHICH MAY
ACCRUE AGAINST THE COUNTY TO THE EXTENT IT IS CAUSED BY THE
NEGLIGENCE OF CITY OR ANOTHER ENTITY OVER WHICH CITY EXERCISES
CONTROL, WHILE PERFORMING SERVICES UNDER THIS AGREEMENT. COUNTY
WILL GIVE CITY PROMPT, WRITTEN NOTICE OF ANY SUCH CLAIM OR SUIT.
COUNTY SHALL COOPERATE WITH CITY IN ITS DEFENSE OR SETTLEMENT OF
SUCH CLAIM OR SUIT.
IF A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED DUE TO
ANY ACT, ERROR, OR OMISSION COMMITTED BY CITY OR ANOTHER ENTITY
OVER WHICH CITY EXERCISES CONTROL, CITY SHALL MAKE EVERY EFFORT,
INCLUDING BUT NOT LIMITED TO SECURING A SATISFACTORY BOND, TO
OBTAIN THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY
INJUNCTION.
COUNTY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO BE INDEPENDENTLY
REPRESENTED BY COUNSEL OF ITS OWN CHOICE IN CONNECTION WITH ANY
SUCH SUIT OR PROCEEDING.
15) NO FEDERAL EXCLUSION
A) City warrants that City is not an “Ineligible Person.” An “Ineligible Person” is an individual
or entity who:
i) is currently excluded, debarred, suspended, or otherwise ineligible to participate in
any federal and/or state grant, health care program, or in federal and/or state
procurement or non-procurement programs. This includes but is not limited to
persons who are on the List of Excluded Individuals or Entities of the Inspector
General, List of Parties excluded from Federal Programs by the General Services
Administration or the Medicaid Sanction List; or,
ii) has been convicted of a criminal offense related to the provision of health care items
or services \[within the rules and regulations of 42 USC §1320a-7(a)\], but has not yet
been excluded, debarred, suspended, or otherwise declared ineligible.
B) City agrees to report immediately to the County if City becomes an “Ineligible Person”
during the term of this Agreement.
16) OWNERSHIP OF DOCUMENTS; COPYRIGHT
A) City agrees that for the purposes of assigning copyright ownership, any and all completed or
partially completed data, information, reports, programs, inventions, software, firmware,
designs, preliminary layouts, record drawings, digital files, photographs, sketches, and all
other electronic or hardcopy documents or documentation (the “Documents”) developed
pursuant to the Maintenance performed under this Agreement, shall be the sole property of
the County.
B) City represents that it has the right to assign and hereby assigns to the County all rights, title,
copyright ownership and interest in any completed or partially completed data (including
9
source codes), information, reports, programs, inventions, software, firmware, designs,
preliminary layouts, record drawings, digital files, photographs, sketches, and all other
electronic or hardcopy documents or documentation to be developed or has already been
developed, created or invented pursuant to this Agreement or any other agreements that City
may currently have or had in the past, with the County.
C) Within seven (7) days after its development, creation, or invention, City agrees to deliver to
the County, copies, in a form acceptable to the County, of any and all such Documents. City
may retain one set of reproducible copies of all Documents for the sole use of performing
Maintenance for the County. City is expressly prohibited from selling, donating, licensing
or otherwise marketing, or divulging to third parties, any Document, or using such
Documents in the preparation of other work for any other client, without the express written
permission of the County.
17) AUDIT RIGHTS
A)Audit Rights. The City shall cooperate to the fullest extent with any and all federal, state,
local, or County audits related to this Agreement. The City’s cooperation shall include, but
not be limited to access to all books, records, contracts, spreadsheets, correspondence, and
documents, in whatever form, that are applicable to this Agreement and requested by any
federal, state, local, or County entity that has rights or jurisdiction over any part of this
Agreement or the funds applicable to this Agreement.
B)Record Retention. The Cityagrees to retain within the boundaries of Harris County, for six
(6) years after the expiration of this Agreement, all books, records, contracts, spreadsheets,
correspondence, and documents applicable to this Agreement. The City will retain and make
available, and insert the requisite clause in each applicable subcontract requiring its
subcontractors to retain and make available, the books, records, contracts, spreadsheets,
correspondence, and documents applicable to this Agreement.
18)WAIVER OF BREACH
Waiver by either Party of a breach or violation of any provision of the Agreement is not a waiver of
any subsequent breach.
19) SEVERABILITY
If any provision or part of the Agreement or its application to any person, entity, or circumstance is
ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of the
Agreement and the application of such provision or part of the Agreement to other persons, entities,
or circumstances are not affected.
20) SURVIVAL OF TERMS
Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or
earlier termination of this Agreement including, but not limited to the indemnification provision,
shall survive such expiration or earlier termination. If an ambiguity exists as to survival, the
provision shall be deemed to survive.
10
21) CONTRACT CONSTRUCTION
A) This Agreement shall not be construed against or in favor of any Party hereto based upon
the fact that the Party did or did not author this Agreement.
B) The headings in this Agreement are for convenience or reference only and shall not control
or affect the meaning or construction of this Agreement.
C) When terms are used in the singular or plural, the meaning shall apply to both.
D) When either the male or female gender is used, the meaning shall apply to both.
22) SUCCESSORS AND ASSIGNS
A) The County and City bind themselves and their successors, executors, administrators, and
assigns to the other Party of this Agreement and to the successors, executors, administrators,
and assigns of such other Party, in respect to all covenants of this Agreement.
B) Neither the County nor City shall assign, sublet, or transfer its interest in this Agreement
without written consent of the other Party, which will not be unreasonably withheld.
23) NO THIRD-PARTY BENEFICIARIES
A) The County is not obligated or liable to any party other than City for the performance of this
Agreement.
B) Nothing in the Agreement is intended or shall be deemed or construed to create any
additional rights or remedies in any third party.
C) Nothing contained in the Agreement shall be construed to or operate in any manner
whatsoever to increase the rights of any third party, or the duties or responsibilities of County
with respect to any third party.
24) ENTIRE AGREEMENT; MODIFICATIONS
A) This instrument contains the entire Agreement between the Parties relating to the rights
herein granted and obligations herein assumed.
B) Any oral or written representations or modifications concerning this instrument shall not be
effective excepting a subsequent written modification signed by both Parties.
25) EXECUTION, MULTIPLE COUNTERPARTS
This Agreement may be executed in several counterparts. Each counterpart is deemed an original. All
counterparts together constitute one and the same instrument. Each Party warrants that the undersigned
is a duly authorized representative with the power to execute this Agreement.
\[Execution Page Follows\]
11
HARRIS COUNTY, TEXAS CITY OF LA PORTE
By: ____________By:
Lina Hidalgo, County Judge Title:
Date: Date:
APPROVED AS TO FORM: ATTEST:
CHRISTIAN D. MENEFEEBy: __________________________
County Attorney Secretary, Board of Directors
By: ______________________
Sahar Rabat-Torki
Assistant County Attorney
C.A.O. File No.: 21GEN2192
12
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
Corridor Analysis Report
Prepared by:
15310 Park Row
Houston, Texas 77084
Tel: 281.493.4140
Fax: 281.493.2211
Firm Registration # F-12040
PRELIMINARY
March2021
SUBMITTED FOR REVIEW BY
KISHORE JULURU, P.E., TX
100219
CONSOR ENGINEERS, LLC
03/11/21
NOT FOR CONSTRUCTION,
BIDDING OR PERMITTING
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
TABLE OF CONTENTS
1.0INTRODUCTION................................................................................................................................1
2.0EXISTING CONDITIONS.....................................................................................................................1
3.0CRASH ANALYSIS..............................................................................................................................2
4.0FINDINGS / RECOMMENDATIONS...................................................................................................5
TABLE OF FIGURES
Figure 1. General Location of the Intersection (Fairmont Parkway at Canada Drive)...............................1
Figure 2. Crashes by Severity (Fairmont Parkway at Canada Drive)..........................................................2
Figure 3. Crashes by Year (Fairmont Parkway at Canada Drive)................................................................3
Figure 4. Crashes by Time of Day (Fairmont Parkway at Canada Drive)....................................................3
Figure 5. Crashes by Manner of Collision (Fairmont Parkway at Canada Drive).......................................4
Figure 6. Crashes by Day of Week (Fairmont Parkway at Canada Drive)...................................................4
i
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
1.0Introduction
City of La Porte, Texas has contracted CONSOR Engineers, LLC to conduct a crash analysis forthe
intersection of Fairmont Parkway at Canada Drive. The study was conducted to identifythe crash history,
crash patterns, and evaluate if the intersection is prone to traffic violations as the La Porte Police
Department (LPPD) is looking to install newred light enforcement equipment(Tattle Tale Lights)at this
intersection.
2.0Existing Conditions
Fairmont Parkway is aligned in an east-west directionand intersects Canada Drive to form a four-
legged signalized intersection.
Canada Drive is aligned in a north-south direction.
The posted speed limit along Fairmont Parkway is 55miles per hour (mph).
The posted speed limit along Canada Drive is 45mph.
All the approaches have two through lanes and an exclusive left-turn laneat the intersection. The
westbound approach, in addition, has a right-turn bay.
The general location of the intersection is shown in Figure 1.
Fairmont Parkway
Figure 1. General Location of the Intersection(Fairmont Parkway at Canada Drive)
Source: Google Earth
1
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
3.0Crash Analysis
Crash data was obtained from Texas Department of Transportation’s (TXDOT) Crash Records
Information System (CRIS) for recent 5 years period from January 2016 to December 2020.
It should be noted that the year 2020 crashes may not be true representativedueto the shift in the
traffic patterns due to COVID-19 pandemic.
Crashes were considered from the center of the intersection and up to a distance of 250’ on all
approaches.
This search produced a total of 98 crashes, out of which 78 crashes were related to this intersection.
Figure 2 shows the breakdown of crashes by severity. Majority (73%) of the crashes at this intersection
resulted in no injury. One crash resulted in a fatal injury. Sevencrashes resulted in suspected minor injury
and thirteen crashes resulted in possible injury.
Crashes by Severity
K - Fatal Injury
N -No Injury; 57;
B - Suspected Minor Injury
73%
C - Possible Injury
N - No Injury
C -Possible Injury; 13; 17%
B -Suspected Minor Injury; 7; 9%
K -Fatal Injury; 1; 1%
Figure 2. Crashes by Severity (Fairmont Parkway at Canada Drive)
2
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
Figure 3 shows the breakdown of crashes by year of occurrence.
Crashes by Year
30
25
25
20
1717
15
10
9
10
5
0
20162017201820192020
Year
Figure 3. Crashes by Year (Fairmont Parkway at Canada Drive)
Figure 4 shows the crashes by the time of day in 3-hour intervals. Most of the crashes were observed
between 6:01 and 18:00. The interval with the highest number of crashes was between 12:01 and 15:00
with 22 crashes. There were also 12 crashes reported between 21:00 and 0:00.
Crashes by Time of Day
0:01 - 3:00
2
3:01 - 6:00
2
6:01 - 9:00
9
9:01 - 12:00
7
12:01 - 15:00
22
15:01 - 18:00
19
18:01 - 21:00
5
21:01 - 0:00
12
0510152025
Number of Crashes
Figure 4. Crashes by Time of Day (Fairmont Parkway at Canada Drive)
3
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
Figure 5 shows the crashes by manner of collision. 62% of the total crashes observed were due to rear
end crashes caused by slowing or stopped traffic. Two crashes involved a bicyclist or a pedestrian. Left
turn crashes and Angle crashes make up the remaining crashes.
Crashes by Manner of Collision
Rear End; 48;
Left Turn; 16;
Angle
62%
20%
Left Turn
Rear End
Pedestrian/Bicyclist
Fixed Object
Angle; 11; 14%
Fixed Object; 1;
1%
Pedestrian/Bicyclist; 2; 3%
Figure 5. Crashes by Manner of Collision (Fairmont Parkway at Canada Drive)
Figure 6 shows the breakdown of crashes by the day of the week of occurrence.
Crashes by Day of Week
20
18
18
16
16
14
12
12
1010
10
7
8
5
6
4
2
0
Day of the Week
Figure 6. Crashes by Day of Week (Fairmont Parkway at Canada Drive)
4
Crash Analysis: Intersectionof Fairmont Parkway at Canada Drive
4.0Findings / Recommendations
A total of 78 crashes occurred at this intersection for the recent 5-year period from January 2016 to
December 2020.
Majority (73%) of the crashes at this intersection resulted in no injury. One crash resulted in a fatal
injury. Seven crashes resulted insuspected minor injury and thirteen crashes resulted in possible
injury.
62% of the total crashes observed were duetorear end crashes caused by slowing or stopped traffic.
Twocrashes involved a bicyclist or a pedestrian. Left turn crashes and Angle crashes make up the
remaining crashes.
The crash analysis indicates that approximately 14% of the crashes occurred when the conditions
were shown asrainy conditions.
Therewere 15 crashes that were due to driver “disregarding stop and go signal” or “disregarding stop
sign or light”.
Based on the crash analysisit is recommended to install red light enforcement equipment(Tattle Tale
Lights)at this intersection. The driving public may not disregard the signal -red light, because they
know that there may be a Police Officer monitoring the Tattle Tale lights at this intersection which
may improve the overall intersection safety.
5
Crash Analysis: Intersection of Fairmont Parkway at Underwood Road
Corridor Analysis Report
Prepared by:
15310 Park Row
Houston, Texas 77084
Tel: 281.493.4140
Fax: 281.493.2211
Firm Registration # F-12040
PRELIMINARY
March2021
SUBMITTED FOR REVIEW BY
KISHORE JULURU, P.E., TX
100219
CONSOR ENGINEERS, LLC
03/11/21
NOT FOR CONSTRUCTION,
BIDDING OR PERMITTING
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
TABLE OF CONTENTS
1.0INTRODUCTION................................................................................................................................1
2.0EXISTING CONDITIONS.....................................................................................................................1
3.0CRASH ANALYSIS..............................................................................................................................2
4.0FINDINGS / RECOMMENDATIONS...................................................................................................5
TABLE OF FIGURES
Figure 1. General Location of the Intersection (Fairmont Parkway at Underwood Road)........................1
Figure 2. Crashes by Severity (Fairmont Parkway at Underwood Road)...................................................2
Figure 3. Crashes by Year (Fairmont Parkway at Underwood Road).........................................................3
Figure 4. Crashes by Time of Day (Fairmont Parkway at Underwood Road).............................................3
Figure 5. Crashes by Manner of Collision (Fairmont Parkway at Underwood Road)................................4
Figure 6. Crashes by Day of Week (Fairmont Parkway at Underwood Road)............................................4
i
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
1.0Introduction
City of La Porte, Texas has contracted CONSOR Engineers, LLC to conduct a crash analysis forthe
intersection of Fairmont Parkway at Underwood Road. The study was conducted to identifythe crash
history, crash patterns, and evaluateif the intersectionisprone to traffic violations as the La Porte Police
Department (LPPD) is looking to install new red light enforcement equipment(Tattle Tale Lights)at this
intersection.
2.0Existing Conditions
Fairmont Parkway is aligned in an east-west directionand intersects Underwood Road to form a four-
legged signalized intersection.
Underwood Road is aligned in a north-south direction.
The posted speed limit along Fairmont Parkway is 55miles per hour (mph).
The posted speed limitalong Underwood Road is 45mph.
The westbound approach has two through lanes with exclusive right-turn and left-turn lanes.
The eastbound approach has two through lanes and an exclusive left-turn lane.
The northbound approach has one through lane and an exclusive right-turn lane.
The southbound approach has one through lane with exclusive right-turn and left-turn lanes.
The general location of the intersection is shown in Figure 1.
Figure 1. General Location of the Intersection(Fairmont Parkway at Underwood Road)
Source: Google Earth
1
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
3.0Crash Analysis
Crash data wasobtained from Texas Department of Transportation’s (TXDOT) Crash Records
Information System (CRIS) for recent 5 years period from January 2016 to December 2020.
It should be noted that the year 2020 crashes may not be true representative due to the shiftin the
traffic patterns due to COVID-19 pandemic.
Crashes were consideredfrom the center of theintersection and up to a distance of 250’ on all
approaches.
This search produced a total of 80crashes, out of which 53crashes were related to this intersection.
Figure 2 shows the breakdown of crashes by severity. Majority (87%) of the crashes at this intersection
resulted in no injury. Two crashes resulted in a suspected minor injury and fivecrashes resulted in possible
injury.
Crashes by Severity
N -No Injury; 46; 87%
B - Suspected Minor Injury
C - Possible Injury
N - No Injury
C -Possible Injury; 5; 9%
B -Suspected Minor Injury; 2; 4%
Figure 2. Crashes by Severity (Fairmont Parkway at Underwood Road)
2
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
Figure 3 shows the breakdown of crashes by year of occurrence.
Crashes by Year
14
1212
12
1010
10
9
8
6
4
2
0
20162017201820192020
Year
Figure 3. Crashes by Year (Fairmont Parkway at Underwood Road)
Figure 4 shows the crashes by the time of day in 3-hour intervals. Most of the crashes were observed
between 6:01 and 18:00. The interval with the highest number of crashes was between 12:01 and 15:00
with 14 crashes.
Crashes by Time of Day
0:01 - 3:00
3
3:01 - 6:00
4
6:01 - 9:00
11
9:01 - 12:00
7
12:01 - 15:00
14
15:01 - 18:00
10
18:01 - 21:00
4
21:01 - 0:00
0
0246810121416
Number of Crashes
Figure 4. Crashes by Time of Day (Fairmont Parkway at Underwood Road)
3
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
Figure 5 shows the crashes by manner of collision. 60% of the total crashes observed were due to rear
end crashes caused by slowing or stopped traffic. 6% of the crashes were single vehicle only involving a
fixed object. Sideswipe, Left turn, and Angle crashes make up the remaining 34%.
Sideswipe; 2; 4%
Crashes by Manner of Collision
Angle ; 10; 19%
Angle
Fixed Object
Left Turn
Fixed Object; 3;
Rear End
6%
Sideswipe
Rear End; 32;
Left Turn; 6; 11%
60%
Figure 5. Crashes by Manner of Collision (Fairmont Parkway at Underwood Road)
Figure 6 shows the breakdown of crashes by the day of the week of occurrence.
Crashes by Day of Week
14
1212
12
10
10
8
66
6
4
3
4
2
0
Day of the Week
Figure 6. Crashes by Day of Week (Fairmont Parkway at Underwood Road)
4
Crash Analysis: Intersectionof Fairmont Parkway at UnderwoodRoad
4.0Findings / Recommendations
A total of 53 crashes occurred at this intersection for a recent 5-year period from January 2016 to
December 2020.
Majority (87%) of the crashes at this intersection resulted in no injury. Two crashes resulted in a
suspected minor injury and fivecrashesresulted in possible injury.
60% of the total crashes observed were duetorear end crashes caused by slowing or stopped traffic.
6% of the crashes were single vehicle only involving a fixed object. Sideswipe, Left turn, and Angle
crashes make up the remaining 34%.
The crash analysis indicates that approximately 17% of the crashes occurred when the conditions
were shown as rainy conditions.
There were 7crashes that were due to driver “disregarding stop and go signal” or “disregarding stop
sign or light”.
Based on the crash analysis it is recommended to install red light enforcement equipment (Tattle Tale
Lights) at this intersection. The driving public may not disregard the signal -red light, because they
know that there may be a Police Officer monitoring the Tattle Tale lights at this intersection which
may improve the overall intersection safety.
5
Crash Analysis: Intersectionof Spencer Highway at Underwood Road
Corridor Analysis Report
Prepared by:
15310 Park Row
Houston, Texas 77084
Tel: 281.493.4140
Fax: 281.493.2211
Firm Registration # F-12040
PRELIMINARY
March2021
SUBMITTED FOR REVIEW BY
KISHORE JULURU, P.E., TX
100219
CONSOR ENGINEERS, LLC
03/11/21
NOT FOR CONSTRUCTION,
BIDDING OR PERMITTING
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
TABLE OF CONTENTS
1.0INTRODUCTION................................................................................................................................1
2.0EXISTING CONDITIONS.....................................................................................................................1
3.0CRASH ANALYSIS..............................................................................................................................2
4.0FINDINGS / RECOMMENDATIONS...................................................................................................5
TABLE OF FIGURES
Figure 1. General Location of the Intersection (Spencer Highway at Underwood Road)..........................1
Figure 2. Crashes by Severity (Spencer Highway at Underwood Road).....................................................2
Figure 3. Crashes by Year (Spencer Highway at Underwood Road)...........................................................3
Figure 4. Crashes by Time of Day (Spencer Highway at Underwood Road)...............................................3
Figure 5. Crashes by Manner of Collision (Spencer Highway at Underwood Road)..................................4
Figure 6. Crashes by Day of Week (Spencer Highway at Underwood Road).............................................4
i
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
1.0Introduction
City of La Porte, Texas has contracted CONSOR Engineers, LLC to conduct a crash analysis for the
intersection of Spencer Highway at Underwood Road. The study was conducted to identifythe crash
history, crash patterns, and evaluateif the intersectionisprone to traffic violations as the La Porte Police
Department (LPPD) is looking to install new red light enforcement equipment(Tattle Tale Lights)at this
intersection.
2.0Existing Conditions
Spencer Highway is aligned in an east-west directionand intersects Underwood Road to form a four-
legged signalized intersection.
Underwood Road is aligned in a north-south direction.
The posted speed limit along Spencer Highway is 45miles per hour (mph).
The posted speed limit alongUnderwood Road is 45 mph.
The eastbound and westbound approaches have two through lanes and a shared through/right-turn
lane with an exclusive left turn laneat the intersection.
The northbound and southbound approaches have one through lane and a shared through/right-turn
lane with an exclusive left turn laneat the intersection.
The general location of the intersection is shown in Figure 1.
Spencer Highway
Figure 1. General Location of the Intersection(Spencer Highway at Underwood Road)
Source: Google Earth
1
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
3.0Crash Analysis
Crash data wasobtained from Texas Department of Transportation’s (TXDOT) Crash Records
Information System (CRIS) for recent 5 years period from January 2016 to December 2020.
It should be noted that the year 2020 crashes may not be true representative dueto the shift in the
traffic patterns due to COVID-19 pandemic.
Crashes were consideredfrom the center of theintersection and up to a distance of 250’ on all
approaches.
This search produced a total of 154 crashes, out of which 67 crashes were related to this intersection.
Figure 2 shows the breakdown of crashes by severity. Majority (76%) of the crashes at this intersection
resulted in no injury.Fourcrashes resulted in suspected serious injury andfour crashes resulted in
suspected minor injury. Eightcrashes resulted in possible injury.
Crashes by Severity
A - Suspected Serious Injury
N -No Injury; 51;
76%
B - Suspected Minor Injury
C - Possible Injury
N - No Injury
C -Possible Injury; 8; 12%
B -Suspected Minor Injury; 4; 6%
A -Suspected Serious Injury; 4; 6%
Figure 2. Crashes by Severity (Spencer Highway at Underwood Road)
2
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
Figure 3 shows the breakdown of crashes by year of occurrence.
Crashes by Year
20
1818
18
16
14
1212
12
10
7
8
6
4
2
0
20162017201820192020
Year
Figure 3. Crashes by Year (Spencer Highway at Underwood Road)
Figure 4 shows the crashes by the time of day in 3-hour intervals. Most of the crashes were observed
between 6:01 and 21:00. The interval with the highest number of crashes was between 12:01 and 15:00
with 18 crashes.
Crashes by Time of Day
0:01 - 3:00
2
3:01 - 6:00
1
6:01 - 9:00
5
9:01 - 12:00
15
12:01 - 15:00
18
15:01 - 18:00
15
18:01 - 21:00
10
21:01 - 0:00
1
05101520
Number of Crashes
Figure 4. Crashes by Time of Day (Spencer Highway at Underwood Road)
3
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
Figure 5 shows the crashes by manner of collision. 61% of the total crashes observed were due to rear
end crashes caused by slowing or stopped traffic. Left turn, Sideswipe, and Angle crashes make up the
remaining 39%.
Rear end; 41;
Crashes by Manner of Collision
61%
Angle
Left Turn
Rear end
Sideswipe
Left Turn; 1; 2%
Angle; 21; 31%
Sideswipe; 4; 6%
Figure 5. Crashes by Manner of Collision (Spencer Highway at Underwood Road)
Figure 6 shows the breakdown of crashes by the day of the week of occurrence.
Crashes by Day of Week
13
14
12
1111
12
10
10
8
6
6
4
4
2
0
Day of the Week
Figure 6. Crashes by Day of Week (Spencer Highway at Underwood Road)
4
CrashAnalysis: Intersectionof Spencer Highwayat Underwood Road
4.0Findings / Recommendations
A total of 67 crashes occurred at this intersection for a recent 5-year period from January 2016 to
December 2020.
Majority (76%) of the crashes at this intersection resulted in no injury.Fourcrashes resulted in
suspected serious injury andfour crashes resulted insuspected minor injury. Eightcrashes resulted in
possible injury.
61% of the total crashes observed were due to rear end crashes caused by slowing or stopped traffic.
Left turn, Sideswipe, and Angle crashes make up the remaining 39%.
Thecrash analysis indicates that approximately 7% of the crashes occurred when the conditions were
shown as rainy conditions.
There were 12crashes that were due to driver “disregarding stop and go signal” or “disregarding stop
sign or light”.
Based on thecrash analysis it is recommended to install red light enforcement equipment (Tattle Tale
Lights) at this intersection. The driving public may not disregard the signal -red light, because they
know that there may be a Police Officer monitoring the Tattle Tale lights at this intersection which
may improve the overall intersection safety.
5
Crash Analysis:Intersectionof Fairmont Parkway at Bay Area Boulevard
Corridor Analysis Report
Prepared by:
15310 Park Row
Houston, Texas 77084
Tel: 281.493.4140
Fax: 281.493.2211
Firm Registration # F-12040
PRELIMINARY
March2021
SUBMITTED FOR REVIEW BY
KISHORE JULURU, P.E., TX
100219
CONSOR ENGINEERS, LLC
03/11/21
NOT FOR CONSTRUCTION,
BIDDING OR PERMITTING
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
TABLE OF CONTENTS
1.0INTRODUCTION................................................................................................................................1
2.0EXISTING CONDITIONS.....................................................................................................................1
3.0CRASH ANALYSIS..............................................................................................................................2
4.0FINDINGS / RECOMMENDATIONS...................................................................................................5
TABLE OF FIGURES
Figure 1. General Location of the Intersection: Fairmont Parkway at Bay Area Boulevard......................1
Figure 2. Crashes by Severity (Fairmont Parkway at Bay Area Boulevard)................................................2
Figure 3. Crashes by Year (Fairmont Parkway at Bay Area Boulevard)......................................................3
Figure 4. Crashes by Time of Day (Fairmont Parkway at Bay Area Boulevard).........................................3
Figure 5. Crashes by Manner of Collision (Fairmont Parkway at Bay Area Boulevard).............................4
Figure 6. Crashes by Day of Week (Fairmont Parkway at Bay Area Boulevard)........................................4
i
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
1.0Introduction
City of La Porte, Texas has contracted CONSOR Engineers, LLC to conduct a crash analysis for the
intersection of Fairmont Parkway at Bay Area Boulevard. The study was conducted to identify the crash
history,crash patterns,and evaluate if the intersectionisprone to traffic violations as the La Porte Police
Department (LPPD) is looking to install new red light enforcement equipment(Tattle Tale Lights)at this
intersection.
2.0Existing Conditions
Fairmont Parkway is aligned in an east-west directionand intersectsBay Area Boulevard to form a
four-legged signalized intersection.
Bay Area Boulevard is aligned in a north-south direction.
The posted speed limit along Fairmont Parkway is 55miles per hour (mph)eastbound and 45 mph
westbound.
The posted speed limit along Bay Area Boulevard is 50mphnorthbound and 45 mph southbound.
All the approaches have two through lanes withexclusive right-turn and left-turn lanesat the
intersection.
The general location of the intersection is shown in Figure 1.
Fairmont Parkway
Figure 1. General Location of the Intersection: Fairmont Parkway at Bay Area Boulevard
Source: Google Earth
1
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
3.0Crash Analysis
Crash data wasobtained from Texas Department of Transportation’s (TXDOT) Crash Records
Information System (CRIS) for recent 5 years period from January 2016 to December 2020.
It should be noted that the year 2020 crashes may not be truerepresentative due to the shift in the
traffic patterns due to COVID-19 pandemic.
Crashes were consideredfrom the center of theintersection and up to a distance of 250’ on all
approaches.
This search produced a total of 71 crashes, out of which 45 crashes were related to this intersection.
Figure 2 shows the breakdown of crashes by severity. Majority (85%) of the crashes at this intersection
resulted in no injury. One crash resulted in a suspected minor injury and sixcrashes resulted inpossible
injury.
Crashes by Severity
N -No Injury; 38; 85%
B - Suspected Minor Injury
C - Possible Injury
N - No Injury
C -Possible Injury; 6; 13%
B -Suspected Minor Injury; 1; 2%
Figure 2. Crashes by Severity(Fairmont Parkway at Bay Area Boulevard)
2
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
Figure 3 shows the breakdown of crashes by year of occurrence.
Crashes by Year
16
14
14
12
11
10
9
8
7
6
4
4
2
0
20162017201820192020
Year
Figure 3. Crashes by Year(Fairmont Parkway at Bay Area Boulevard)
Figure 4 shows the crashes by the time of day in 3-hour intervals. Most of the crashes were observed
between 6:01 and 21:00. The interval with the highest number of crashes was between 12:01 and 15:00
with 10 crashes.
Crashes by Time of Day
0:01 - 3:00
1
3:01 - 6:00
1
6:01 - 9:00
9
9:01 - 12:00
8
12:01 - 15:00
10
15:01 - 18:00
8
18:01 - 21:00
6
21:01 - 0:00
2
024681012
Number of Crashes
Figure 4. Crashes by Timeof Day (Fairmont Parkway at Bay Area Boulevard)
3
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
Figure 5 shows the crashes by manner of collision. 56% of the total crashes observed were due to rear
end crashes caused by slowing or stopped traffic. Left turn crashes and Angle crashes make up the
remaining 46%.
Crashes by Manner of Collision
Angle; 16; 35%
Angle
Left Turn
Rear End
Rear End; 25;
56%
Left Turn; 4; 9%
Figure 5. Crashes by Manner of Collision(Fairmont Parkway at Bay Area Boulevard)
Figure 6 shows the breakdown of crashes by the day of the week of occurrence.
Crashes by Day of Week
9
88
8
7
7
66
6
55
5
4
3
2
1
0
Day of the Week
Figure 6. Crashes by Day of Week(Fairmont Parkway at Bay Area Boulevard)
4
Crash Analysis:Intersection of Fairmont Parkway at Bay Area Boulevard
4.0Findings / Recommendations
A total of 45 crashes occurred at this intersection for a recent 5-yearperiod from January 2016 to
December 2020.
Majority (85%) of the crashes at this intersection resulted in no injury. One crash resulted in a
suspected minor injury and sixcrashes resulted in possible injury.
56% of the total crashes observed were due to rear end crashes caused by slowing or stopped traffic.
Left turn crashes and Angle crashes make up the remaining 46%.
The crash analysis indicates that approximately 18% of the crashes occurred when the conditions
were shown as rainy conditions.
There were 10 crashes that were due to driver “disregarding stop and go signal” or “disregarding stop
sign or light”.
Based on the crash analysisit is recommended to install red light enforcement equipment(Tattle Tale
Lights) at this intersection.
5
ORDER OF COMMISSIONERS COURT
The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris
County Administration Building in the City of Houston, Texas, on _________________, with all
members present except _________________________________.
A quorum was present. Among other business, the following was transacted.
ORDER AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY
AND CITY OF LA PORTE FOR MAINTENANCE OF RED LIGHT ENFORCEMENT
EQUIPMENT (TATTLE TALE LIGHTS) AND RELATED APPURTENANCES TO BE
CONSTRUCTED BY CITY OF LA PORTE WITHIN THE EXISTING ROAD RIGHT-OF-WAY
OF FAIRMONT PARKWAY AT BAY AREA BOULEVARD, FAIRMONT PARKWAY AT
CANADA DRIVE, FAIRMONT PARKWAY AT UNDERWOOD ROAD, AND SPENCER
HIGHWAY AT UNDERWOOD ROAD, LOCATED IN HARRIS COUNTY PRECINCT 2.
Commissioner ____________________ introduced an order and moved that Commissioners Court
adopt the order. Commissioner ____________________ seconded the motion for adoption of the order.
The motion, carrying with it the adoption of the order prevailed by the following vote:
Yes No Abstain
Judge Lina Hidalgo
Comm. Rodney Ellis
Comm. Adrian Garcia
Comm. Tom S. Ramsey, P.E.
Comm. R. Jack Cagle
The County Judge thereupon announced that the motion had duly and lawfully carried and that the
order had been duly and lawfully adopted. The order adopted follows:
IT IS ORDERED that:
1. The Harris County Judge is authorized to execute on behalf of Harris County the attached
Interlocal Agreement between Harris County and City of La Porte for maintenance of Red Light
Enforcement Equipment (Tattle Tale Lights) and related appurtenances to be constructed by
City of La Porte within the existing road right-of-way of Fairmont Parkway at Bay Area
Boulevard, Fairmont Parkway at Canada Drive, Fairmont Parkway at Underwood Road, and
Spencer Highway at Underwood Road, located in Harris County Precinct 2.
2. All Harris County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purposes of this order.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
034 -ESD Fund
Requested By:Lisa Camp, EMS Chief Source of Funds:
Department:Administration
034-5059-522-4002
Account Number:
$14,440.80
ReportResolutionOrdinance
$18,628.20
Amount Budgeted:
$14,440.80
Exhibits:Stryker Quote #210927095553, Stryker
Amount Requested:$18,628.20
Quote #210927094520, Stryker Sole Source
Letter, & Memo of Request
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
In 2005 the City of La Porte EMS (LPEMS) purchased Stryker stair chairs, a collapsible
chair used to move patients safely up or down stairs. In 2007,LPEMS purchased
Stryker patient stretchersfollowed by the purchase and installation of Stryker Power
Loads, a hydraulic mechanism that aids in loading and unloading the stretcher from the
ambulanceand interfaces solely with Stryker stretchers. Stryker is considered the gold
standard ofpatient transport equipment and the addition of this equipment not only
standardized the look of LPEMS but provided top-notch movement and transport for its
patients.
Every Stryker item purchased since 2005 has been maintained through a service
contract provided by Stryker and the service provided by these contracts has been and
remains impeccable. Our Stryker productsfunction alwaysat peak performance.
Over the years Stryker productshave been replaced due to aging out. Currentlythe
LPEMS owns seven (7) stair chairs, six (6) patient stretchers, and five (5) Power Loads.
With Stryker,servicing these items under contract we receive:
Repairs on all parts at no charge,
Ayearly on-sitepreventative maintenance inspection,
On-site servicefrom specialized service technicians,
Priority in service, and
An extension on the lifetime of the product from seven (7) years up to 14.
Without the contract we would be charged for repairs and preventative maintenance.
Also, this would shift all liability from Stryker to the City of La Porte.
Attached is Exhibit A which is the quote for the yearly maintenance agreement renewal
in the amount of $14,440.80. This includes parts, labor, travel, one (1) PM inspection,
battery replacement, and unscheduled service for five (5) stair chairs, five (5) Power
Loads, and six (6) ambulance stretchers.
In 2006, LPEMS purchased advanced life support cardiac monitoring devices from
Physio Control. The transition to this newer advanced technology allowed EMS to
provide a higher level of cardiac care to La Porte residents. In 2007, LPEMS continued
to be forerunners in advanced patient care purchasing three (3) LUCAS (Lund
University Cardiopulmonary Assist System) devices. These devices deliver chest
compressions during CPR they have been proven to provide better and more efficient
CPR as well alleviate medic fatigue and improve medic safety. LUCAS devices are
solely manufactured by Physio Control.
Recently Physio Control was acquired by Stryker. While there is no change in their
product line and service the merger now has our sole source vendor, Physio Control,
with a new branding to Stryker.
Every Stryker cardiac monitoring device and LUCAS device purchased since 2006 has
been maintained through a Stryker service contract The Stryker service provided by
these contracts maintains these devices functioning at optimal levels and minimized
any out of service time. Stryker devices have been replaced, over the years, due to
aging out. Currently, the LPEMS owns eight (8) cardiac monitors and five (5) LUCAS
devices. Servicing of these items with a Stryker maintenance contract will provide the
LPEMS repairs on all parts at no charge, a yearly on-site preventative maintenance
inspection, on-site service from specialized service technicians and priority in service.
Attached in Exhibit B is a quote for the yearly maintenance agreement renewal in the
amount of $18,628.20. This includes parts, labor, on site repair, one (1) on-site
preventative maintenance inspection, battery replacement, calibration, and software
updates for eight (8) cardiac monitors and five (5) LUCAS devices.
The total for both service contracts is $33,069.00. Currently, the City of La Porte has
spent in the 2021-2022 budget year a total of $37,795.00 purchasing a cardiac monitor
and an AED. With the addition of the Stryker maintenance contracts, Exhibit A and B,
this increases the total spending with Stryker to greater than $50,000.00; therefore,
staff is requesting City Council approve staff utilize Stryker for services greater than
$50,000 during FY 2021-22.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to enter the two (2) maintenance contracts with
Stryker as outlined in quotes #210927095553 and #210927094520 that will cause
annual expenditures to exceed $50,000.00 to Stryker, a sole source vendor.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Sales Rep Name:Mat Hechler3800 E. Centre Ave
ProCare Service Rep:Jason PhamPortage, MI 49009
Date:9/27/2021
ID #:210927095553
02/#!2% 02/0/3!, 35"-)44%$ 4/Ȁ
Name:
Billing Acc Num:1153755Shawn Kominek
Shipping Acct Num:
1153755Title:Assistant Chief
Account Name
La Porte EMSPhone:(281) 989-6292
Account Address10428 Spencer HwyEmail:komineks@laportetx.gov
City, State ZipLa Porte , TX 77571
02/#!2% #/6%2!'%
Item Model
Model DescriptionProCare ProgramQtyYrsAnnual PriceTotal
No.Number
16252Stair Chair EMS Prevent NB51$1,180.00$1,180.00
26390Power-LOAD EMS PM Only11$398.00$398.00
36390Power-LOAD EMS Prevent41$6,924.00$6,924.00
46506Power CotsEMS Prevent61$7,908.00$7,908.00
02/'2!- ).#,5$%3Ȁ
%-3 0±¤µ¤³ ."Ȁ
*Includes parts, labor, travel
*Includes 1 annual PM inspection
*Includes unscheduled service and product equipment checklists.
*Replacement parts do not include mattresses, batteries, and other Disposable or expendable parts.
%-3 0±¤µ¤³Ȁ
*Includes parts, labor, travel
*Includes 1 annual PM inspection
*Includes unscheduled service
*Includes battery replacement
*Includes product equipment checklists.
*Replacement parts do not include mattresses, and other Disposable or expendable parts.
%-3 0- /«¸Ȁ
*Includes 1 annual PM only.
Unless otherwise stated on contract, payment is expected upfront.ProCare Total$16,410.00
Discount12%
&).!, 4/4!,
$14,440.80
Start Date:10/1/2021
End Date:9/30/2022
Stryker SignatureDateCustomer SignatureDate
The Terms and Conditions of this quote and any subsequent purchase order of the
Customer are governed by the Terms and Conditions located at
§³³¯²Ȁȝȝ³¤¢§¶¤¡ȁ²³±¸ª¤±ȁ¢®¬
The terms and conditions referenced in the immediately preceding sentence do not
apply where Customer and Stryker are parties to a Master Service Agreement.
Purchase Order Number
)¥ ¢®³± ¢³ ¨² ®µ¤± ͡ΔǾΏΏΏ ¯«¤ ²¤ ²¤£ § ±£ ¢®¯¸ 0/
COMMENTS:
Please email signed Proposal and Purchase Order to procarecoordinators@stryker.com.
All information contained within this quotation is considered confidential and proprietary and is not subject to public disclosure.
**Quote pricing valid for 30 days.
3%2)!, .5-"%2 3(%%4
Item
ModelSerial NumberProgram
No.
16252101141068EMS Prevent NB
26252111241947EMS Prevent NB
36252151139725EMS Prevent NB
46252171140335EMS Prevent NB
562521811010000185 EMS Prevent NB
663902011012400029EMS PM Only
76390141040454EMS Prevent
86390151241728EMS Prevent
96390160340330EMS Prevent
106390161041885EMS Prevent
116506120141119EMS Prevent
126506080341259EMS Prevent
136506110152970EMS Prevent
146506151240146EMS Prevent
156506160340120EMS Prevent
166506171040680EMS Prevent
Purchase Order Form
Account ManagerPurchase Order Date
Cell PhoneExpected Delivery Date
Stryker Quote Number210927095553
Check box if Billing same as Shipping
BILL TOCUSTOMER #SHIP TOCUSTOMER #
Billing Account Num1153755Shipping Account Num1153755
Company NameCompany NameLa Porte EMS
Contact or DepartmentContact or DepartmentShawn Kominek
Street AddressStreet Address10428 Spencer Hwy
Addt'l Address LineAddt'l Address Line
City, ST ZIPCity, ST ZIPLa Porte , TX 77571
PhonePhone(281) 989-6292
Authorized Customer InitialsAuthorized Customer Initials
DESCRIPTIONQTYTOTAL
REFERENCE QUOTE
Accounts Payable Contact Information
Name
Email
PhoneStryker Terms and Conditions
www.strykeremergencycare.com/terms
Authorized Customer Signature
Printed Name
Title
Signature
Date
AttachmentStryker Quote Number 210927095553
*Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services on the Stryker Quote.
Sales Rep Name:Mat Hechler3800 E. Centre Ave
ProCare Service Rep:Minh-Chau PhamPortage, MI 49009
Date:9/27/2021
ID #:210927094520
02/#!2% 02/0/3!, 35"-)44%$ 4/Ȁ
Name:
Billing Acc Num:1153755
Shipping Acct Num:
1153755Title:
Account Name
City of La Porte EMSPhone:
Account Address10428 Spencer HwyEmail:
City, State ZipLa Porte, TX 77571
02/#!2% #/6%2!'%
Model Serial Annual
Model
ProCare ProgramTotal
QtyYrs
DescriptionNumberPrice
Item No.Number
1LP15LifePak 1543999889LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
2LP15LifePak 1545250598LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
3LP15LifePak 1540058199LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
4LP15LifePak 1541758552LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
5LP15LifePak 1542895668LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
6LP15LifePak 1546358245LP15 Prevent Onsite11$1,680.00$1,680.00$1,680.00
7LUCASLUCAS3016J147LUCAS Prevent Onsite11$1,277.64$1,277.64$1,277.64
8LUCASLUCAS30101724LUCAS Prevent Onsite11$1,277.64$1,277.64$1,277.64
9LUCASLUCAS30113404LUCAS Prevent Onsite11$1,277.64$1,277.64$1,277.64
10LUCASLUCAS35174130LUCAS Prevent Onsite11$1,277.64$1,277.64$1,277.64
11LUCASLUCAS35174134LUCAS Prevent Onsite11$1,277.64$1,277.64$1,277.64
12LP15LifePak 1548651908LP15 Prevent Onsite11$1,800.00$1,800.00$1,800.00
13LP15LifePak 1549538672LP15 Prevent Onsite11$360.00$360.00$360.00
02/'2!- ).#,5$%3Ȁ
,5#!3 0±¤µ¤³ /²¨³¤Ȁ
,0ΐΔ 0±¤µ¤³ /²¨³¤Ȁ
readings (if present)
annual inspection.
**(Onsite Repairs or Depot Depending on Agreement) **
Unless otherwise stated on contract, payment is expected upfront.ProCare Total$18,628.20
&).!, 4/4!,
$18,628.20
Start Date:10/1/2021
End Date:9/30/2022
Stryker SignatureDateCustomer SignatureDate
4()3 )3 ./4 !. ).6/)#%
The Terms and Conditions of this quote and any subsequent purchase order of the
Customer are governed by the Terms and Conditions located at
§³³¯²Ȁȝȝ³¤¢§¶¤¡ȁ²³±¸ª¤±ȁ¢®¬
The terms and conditions referenced in the immediately preceding sentence do not
apply where Customer and Stryker are parties to a Master Service Agreement.
Purchase Order Number (MUST INCLUDE HARD COPY)
COMMENTS:
Please email signed Proposal and Purchase Order to procarecoordinators@stryker.com.
All information contained within this quotation is considered confidential and proprietary and is not subject to public disclosure.
**Quote pricing valid for 30 days.
3%2)!, .5-"%2 3(%%4
Item No.ModelSerial NumberProgram
1LP1543999889LP15 Prevent Onsite
2LP1545250598LP15 Prevent Onsite
3LP1540058199LP15 Prevent Onsite
4LP1541758552LP15 Prevent Onsite
5LP1542895668LP15 Prevent Onsite
6LP1546358245LP15 Prevent Onsite
7LUCAS3016J147LUCAS Prevent Onsite
8LUCAS30101724LUCAS Prevent Onsite
9LUCAS30113404LUCAS Prevent Onsite
10LUCAS35174130LUCAS Prevent Onsite
11LUCAS35174134LUCAS Prevent Onsite
12LP1548651908LP15 Prevent Onsite
13LP1549538672LP15 Prevent Onsite
Purchase Order Form
Account ManagerPurchase Order Date
Cell PhoneExpected Delivery Date
Stryker Quote Number210927094520
Check box if Billing same as Shipping
BILL TOCUSTOMER #SHIP TOCUSTOMER #
Billing Account Num1153755Shipping Account Num1153755
Company NameCompany NameCity of La Porte EMS
Contact or DepartmentContact or Department0
Street AddressStreet Address10428 Spencer Hwy
Addt'l Address LineAddt'l Address Line
City, ST ZIPCity, ST ZIPLa Porte, TX 77571
PhonePhone-
Authorized Customer InitialsAuthorized Customer Initials
DESCRIPTIONQTYTOTAL
REFERENCE QUOTE
Accounts Payable Contact Information
Name
Email
PhoneStryker Terms and Conditions
www.strykeremergencycare.com/terms
Authorized Customer Signature
Printed Name
Title
Signature
Date
AttachmentStryker Quote Number 210927094520
*Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services on the Stryker Quote.
As of March 2020
LIFEPAK® 15 service
Stryker has been notified by our global parts providers that some components used on certain LIFEPAK 15 monitor/defibrillator models (Part
Numbers beginning with V15-2) are no longer available in the market. Service on the LIFEPAK 15 with Part Number beginning with v15-5 or v15-7 is
unaffected.
Stryker will continue to offer service support for this subset of the LIFEPAK 15 as follows:
o If a component has failed on your device, your local Sales Representative should be contacted for support
o Stryker will continue to offer contractual service on a yearly basis only
o Preventive maintenance will continue to be done on devices less than eight (8) years old. After this point, we will cease to
conduct preventative maintenance and shift to device inspections
o If a component fails on your device, please contact your local Sales Representative for support. A pro-rated credit for any pre-
paid service will be provided should a unit become non-serviceable due to part availability
It is important to note that the LIFEPAK 15 has an expected life of eight (8) years from the date of manufacture. If you are uncertain of the
manufacture date of your products, please contact your local Sales Representative for a full fleet assessment.
We want to ensure the highest quality products and services for our customers. As such, it is important to know that Stryker is the only FDA-
approved service provider for our products. We do not contract with third party service providers, nor will we be providing them with any
additional parts for these repairs. As such, we cannot guarantee the safety and efficacy of any device that is repaired by a third-party service
agency.
®
ProCare Services
ΒΗΏΏ %ȁ #¤³±¤ !µ¤ȁ
Portage, -) ΓΘΏΏΑ USA
1-800-STRYKER
stryker.com
To: 7§®¬ ¨³ ¬ ¸ ¢®¢¤±
Subject: %¬¤±¦¤¢¸ # ±¤ 0 ±³² £ Service
Date:*´«¸ ΒΏǾ ΑΏΐΘ
3³±¸ª¤±Ȍ² -¤£¨¢ « £¨µ¨²¨® ¢¤±³¨¥¨¤² ³§ ³ ¨³ ¨² the ®±¨¦¨ « ¤°´¨¯¬¤³ ¬ ´¥ ¢³´±¤± Ȩ/%-ȩ or ²®«¤ ²®´±¢¤ £¨²³±¨¡´³®±
®¥ ¯ ±³² ¥®± Stryker’s %¬¤±¦¤¢¸ # ±¤ productsȁ !«« ¯ ±³² ±¤ ¬ ´¥ ¢³´±¤£ ³ 3³±¸ª¤± ®± ²´¯¯«¨¤£ ³® 3³±¸ª¤± ¡¸
¯¯±®µ¤£ µ¤£orsȁ
Stryker ¤¬¯«®¸² ¨³² ®¶ ¥¨¤«£ ²¤±µ¨¢¤ ³¤ ¬ Ȩª®¶ ² 0±®# ±¤ 3¤±µ¨¢¤²ȩ ³® ²¤±µ¨¢¤ ¨³² productsȁ 3³±¸ª¤± ®«¸ ´²¤s
OEM ¯ ±³² ¥®± ±¤¯ ¨±² £ § ² ¤·¢«´²¨µ¤ ´²¤ ®¥ ¢¤±³ ¨ ¯±®¯±¨¤³ ±¸ ³®®«² ¥®± £¨ ¦®²³¨¢² £ ±¤¯ ¨±sȁ 3³±¸ª¤±
%¬¤±¦¤¢¸ # ±¤ ¯±®£´¢³² ³§ ³ ±¤°´¨±¤ ³§¤ ´²¤ ®¥ ²´¢§ prop±¨¤³ ±¸ ³®®«² ¨¢«´£¤Ǿ ¡´³ ±¤ ®³ «¨¬¨³¤£ ³®Ȁ
Power-,/!$ ¥ ²³¤¤±
Power-02/ ¢®³
,5#!3 Β ¢§¤²³ ¢®¬¯±¤²²¨® ²¸²³¤¬
,)&%0!+ ΐΔ monitor/defibrillator
,)&%0!+ ΑΏ¤ monitor/defibrillator
,)&%0!+ ΐΏΏΏ £¤¥¨¡±¨«« ³®±
,)&%0!+ #2 Plus ȝ ,)&%0!+ #2Α £¤¥¨¡±¨«« ³®±
T®®«¨¦ ¨² ¢ «¨¡± ³¤£Ǿ £®¢´¬¤³¤£ £ ¢®³±®««¤£ ¡¸ 3³±¸ª¤±Ȍ² §®¬¤ ®¥¥¨¢¤s ¨ PortageǾ -)Ǿ 53! £ 2¤£¬®£Ǿ 7!Ǿ
USAȁ # «¨¡± ³¨® ±¤¢®±£² £ ³± ¨¨¦ ±¤¢®±£² ±¤ µ ¨« ¡«¤ ´¯® ±¤°´¤²³ȁ
S¤±µ¨¢¤ ±¤¯ ¨±² ±¤ £®¢´¬¤³¤£ £ ±¤µ¨¤¶¤£ ¡¸ Stryker’s °´ «¨³¸ ³¤ ¬ȁ 4® §¤«¯ ¤²´±¤ 3³±¸ª¤±͒² ¢®¬¬¨³¬¤³ ³®
°´ «¨³¸Ǿ 3³±¸ª¤± ³± ¢ª² £ ³±¤£² ¨³² service ³® §¤«¯ ¤²´±¤ ³§¤ §¨¦§¤²³ «¤µ¤« ®¥ ¯±®£´¢³ ¯¤±¥®±¬ ¢¤ ¥®± ¨³²
¢´²³®¬¤±²ȁ 0±¤µ¤³¨µ¤ ¬ ¨³¤ ¢¤ ȨPM) £ ²¤±µ¨¢¤ §¨²³®±¸ £®¢´¬¤³ ³¨® ¨² µ ¨« ¡«¤ ´¯® ±¤°´¤²³ȁ
4§¤ 1´ «¨³¸ - ¦¤¬¤³ 3¸²³¤¬ ®¥ 3³±¸ª¤±Ȍ² -¤£¨¢ « £¨µ¨²¨® ¨² )3/ ΐΒΓΗΔȀΑΏΐΕ ¢¤±³¨¥¨¤£ȁ
0«¤ ²¤ ¢®³ ¢³ ¸®´± «®¢ « 3³±¸ª¤± ±¤¯±¤²¤³ ³¨µ¤ ¶¨³§ °´¤²³¨®²ȁ
3³±¸ª¤± #®±¯®± ³¨® ®± ¨³² £¨µ¨²¨®² ®± ®³§¤± ¢®±¯®± ³¤ ¥¥¨«¨ ³¤£ ¤³¨³¨¤² ®¶Ǿ ´²¤ ®± § µ¤ ¯¯«¨¤£ ¥®± ³§¤ ¥®««®¶¨¦ ³± £¤¬ ±ª² ®± ²¤±µ¨¢¤ ¬ ±ª²Ȁ #2 0«´²Ǿ
,)&%0!+Ǿ ,5#!3Ǿ 0®¶¤±-,/!$Ǿ 0®¶¤±-02/Ǿ ProCareǾ 3³±¸ª¤±ȁ !«« ®³§¤± ³± £¤¬ ±ª² ±¤ ³± £¤¬ ±ª² ®¥ ³§¤¨± ±¤²¯¤¢³¨µ¤ ®¶¤±² ®± §®«£¤±ȁ
#®¯¸±¨¦§³ ͖ ΑΏΐ9 Stryker
-ª³ ,¨³-ΐΕΒΏ ΏΒ *5, ΑΏΐΗ 2¤µ C
City of La Porte
Emergency
Medical
Service
Interoffice Memo
To: Mayor and City Council
From: Lisa Camp, EMS Chief
CC: Purchasing, Corby Alexander, Jason Weeks
Date: 11/21/2021
Re: Stryker 2021-2022 Maintenance Agreements
The City of La Porte Emergency Medical Services utilizes several Stryker products to include cardiac
monitors, LUCAS devices (mechanical CPR compression devices), ambulance stretchers, stair chairs
(chairs designed to move patients up or down stairs), Power Load devices (mechanical devices that aid
in loading the stretcher into the ambulance). La Porte EMS acquired its first Stryker product in 2005
and has continued to add additional products as well as replace items that have aged out over time.
In the EMS industry Stryker products are considered the Gold Standard among similar products and
maintaining that level of functionality is important. Stryker offers yearly maintenance contracts on all its
products and every Stryker item owned by the City of La Porte EMS has been covered by one of these
contracts from the date of purchase until it ages out. The maintenance contracts have always
provided; exceptional customer service, timely maintenance, and repairs, as needed, ensuring all
Stryker equipment operates at peak performance. While maintenance and repair could be scheduled
with another repair service or with Stryker without a contract, there would be several disadvantages:
Ώ Non-contract service and repair would not receive priority scheduling, therefore increase
out of service time on a device.
Ώ Stryker is the only service company that offers on-site servicing of cardiac monitors and
LUCAS devices. Off-site servicing would incur shipping costs as well as extended out of
service time.
Ώ Stryker is the only service that covers ALL parts under contract. This has proven to be a
substantial benefit we recently needed the hydraulic system of an ambulance stretcher
replaced and it was covered under the maintenance agreement (cost of coverage is
$1318.00 a year), if not covered the cost would have been over $7000.00.
Ώ Stryker uses proprietary tools for diagnostics and repair. When these proprietary tools
are not used and equipment failure occurs, liability shifts solely to the City of La Porte.
To maintain our high level of customer care and service we have received for the past 16 years, as well
as maintaining our equipment to the best of our ability, I am requesting that Mayor and City Council
approve the maintenance agreements with Stryker for the: five (5) Stryker stair chairs, six (6)
ambulance stretchers, and (5) Power Loads in the amount of $14,440.80 and the maintenance contract
through Stryker for the eight (8) cardiac monitors and five (5) LUCAS devices in the amount of $18,
628.20.
Page 2
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Corby Alexander, City Manager Source of Funds:001 General Fund
Department:Administration/CMO
Account Number:001-6030-510.99-97
Amount Budgeted:$103,845
ReportResolutionOrdinance
Amount Requested:$21,783.72
Exhibits:Chapter 380 Agreement,Confirmed
Budgeted Item:YesNo
investment schedule, and Certificate of Occupancy
SUMMARY& RECOMMENDATION
On March 27, 2017, the La Porte City Council entered into a Chapter 380 Agreement
with Oakland Land &Development, Inc. for the development of Sector 23. Sector 23
office/industrial/warehouse buildings
within a 30-acre area in La Porte, between West G Street and West D Street and
th
bordered to the west by South 15The City
agreed to reimburse up to $362,457.94 the developer paid to abandon City right-of-way
in exchange for $12,000,000 of capital investment in buildings over 3,000 square feet
in sizeand must have received a Certificate of Occupancy for that particular building.
On July 10, 2017, theCity Council approved the first payment of $66,547.28
towards the $362,457.94incentivetotalin relation to $2,202,997.34 capital
investment(18.36% of $12 million minimum investment).
On April 23, 2018, the City Council approved payment of $96,558.79 for
$3,153,727.24 capital investment (cumulative 45% of $12 million minimum
investment)in the buildings at 631 S. 14th Street and 1306 W. F Street.
On January 14, 2019, the City Council approved payment of $19,645.90 for
$650,422.50 capital investment (cumulative 50.06% of $12 million minimum
investment) inthe building at 605 S. 16th Street.
On October 28, 2019, the City Councilapproved payment of $38,659.28for
$1,295,997.23 capital investment (cumulative 60.86% of $12 million minimum
th
investment) inthe building at 601 S. 14Street.
On December 14, 2020, the City Council approved payment of $37,202.49for
$1,259,341.14 capital investment (cumulative 71.35% of $12 million minimum
investment) in building at 1502 Street.
The developer has provided staff with 78invoices to support a capital investment of
$721,275.90inthe building at 1532W. FStreet. Staff reviewed all invoices and
supporting documentation to validate the capital investment. The attached spreadsheet
provides details of the validated 77 invoices and analysis of validating invoice
payments. Subsequent to the developers submittal for payment, staff requested further
documentation to validate payments such as cleared checks, credit card receipts,
documentation identifying location of expenses, wire/ACH verification, as well as
documentation that assisted in reconciling payment with invoices. Staff was able to
validate payment on 77 of the 78 invoices due to one payment not being documented
for the expense with a receipt; therefore, staff has adjusted the total capital investment
for payment request #6 to $721,275.90, which makes the applicant eligible for
$21,783.72 incentive payment ($362,457.94 X 77.36% = $280,397.46 - $258,613.74).
City staff verified that the developer received a Certificate of Occupancy for this latest
parcel on November 4, 2020.
To-date, this brings the total confirmed investment of all buildings up to $9,283,761.35,
which is 77.36% (cumulative) of the required $12 million minimum capital investment.
ACTION REQUIRED BY CITY COUNCIL
Approve payment of $21,783.72 to Oakland Land and Development according to
the Chapter 380 Agreement.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
SECTOR 23 - 1532 W. F Street Investment Worksheet
DateName for Invoice AmountSource of Payment Description
1 08/05/2019City of La Porte$ 210.00 Check# 1006Permit
2 09/12/2019EIC Surveying Company$ 451.03 Check# 1777Staking corners
3 10/09/2019ACW Engineering$ 1,000.00 Check# 1818Civil engineering
4 01/14/2020ACW Engineering$ 4,500.00 Check# 1931Architectural design retainer
5 2/17/2020ACW Engineering$ 1,125.00 Check# 5054Civil engineering
6 02/26/2020Michael Westergren$ 581.25 Check# 5091Water permit
7 03/10/2020Unitas Construction$ 96,541.15 Check# 1965Construction
8 03/12/2020Liberatos/Westergren Inc$ 7,723.29 Check# 1969Project management
9 4/1/2020ACW Engineering$ 7,000.00 Check# 124943Strutural engineering & Arch design
10 4/1/2020Juan Pena$ 450.00 Check# 1249531/2 bullard post
11 4/8/2020Unitas Construction$ 205,621.27 Check# 124961Construction
12 4/17/2020Juan Pena$ 450.00 Check# 1999Remaining 1/2 bullard post
13 5/13/2020Brian Stanton$ 725.00 Credit CardPlan Review and Filing Fee
14 06/05/2020Juan Pena$ 5,368.00 Check# 2008Architectural barriers/fencing
15 06/05/2020ACW Engineering$ 1,543.75 Check# 2003Civil Engineering Work
16 6/11/2020City of La Porte$ 50.00 Credit CardZoning Permit
17 6/11/2020City of La Porte$ 2,043.75 Credit CardCommercial Building Permit
18 6/30/2020City of La Porte$ 3,540.00 Credit CardSewer/Water tap; Sewer Inspection
19 7/9/2020Whirlwind Steel Building, Inc$ 60,424.07 Wire TransferBuilding Delivery
20 7/9/2020The Nut Place$ 685.88 Credit CardAnchor Bolt HDG
21 7/14/2020Bay-Star Insulation Co$ 9,120.63 Credit CardHousing Roof materials
22 7/14/2020ACW Engineering$ 2,759.86 Check# 125014Contractor's fees.
23 07/24/2020ACW Engineering$ 9,060.00 Check# 125043Contractor's fees.
24 07/24/2020Bene Gutierrez$ 3,500.00 Check# 125060Setting down green plate and start framing
25 07/24/2020Unitas Construction$ 42,947.07 Check# 125071Move In & Paving
26 7/24/2020Camacho's Steel Erectors$ 15,000.00 Check# 125049Erect Building 50'x100' per plans
27 07/27/2020Dynamic Plumbing$ 9,900.00 Check# 125074Ground draw on project.
28 7/30/2020Whirlwind Steel Building, Inc$ 799.13 WireWhite Door unit, SMP light stone, Waster Sheet
29 08/03/2020Juan Pena$ 1,350.00 Check# 125090bollards post fill up with concrete
30 08/03/2020Spring Overhead Door$ 7,325.00 Check# 125092Model 5000 Roll Up Door; Light stone, windload
31 08/03/2020ACW Engineering$ 586.00 Check# 125075General Contractor's Fees for Overhead doors
32 08/05/2020Lohman Glass Company$ 4,731.58 Check# 125096Fixed Glass/Windows Storefront Door and Sidelite + Labor
33 8/10/2020Brian Stanton$ 500.00 Credit CardInspection Fee
34 8/11/2020Home Depot$ 790.18 Credit CardVita Elegante Ardesisa
35 08/12/2020Bene Gutierrez$ 3,500.00 Check# 5099Joist Up
36 08/12/2020ACW Engineering$ 1,582.98 Check# 5097General Contractor's Fees
37 8/14/2020Texas Outhouse$ 194.90 Credit CardFees related to building
38 8/15/2020Foundation Building Materials$ 3,040.74 Credit CardDrywall MSF/ Moisture resistant
39 8/15/2020McCoys$ 9,827.03 ne payment through AccountMiscellaneous
40 08/19/2020Bene Gutierrez$ 3,500.00 Check# 125108After framing deck & install stairs
41 08/19/2020Dynamic Plumbing$ 14,850.00 Check# 1251052nd draw on project
42 08/19/2020R. A. Weaver Electric$ 8,691.00 Check# 125118Payment application; materials and labor
43 08/19/2020Jose Lopez$ 3,200.00 Check# 1251111/3 charges for sheet rock, installation, etc.
44 08/28/2020Amworx, LLC$ 9,191.60 Check# 125131Original Contract/ Draw request
45 08/28/2020Bene Gutierrez$ 1,200.00 Check# 125142Install insalation
46 08/28/2020Jose Lopez$ 3,200.00 Check# 1251452/3 charges for sheet rock, installation, etc.
47 08/28/2020ACW Engineering$ 3,959.10 Check# 125130General Contractor's Fees
48 08/28/2020Camacho's Steel Erectors$ 10,700.00 Check# 125136Erect Building per plans, extra misc. work.
49 08/28/2020Lohman Glass Company$ 4,731.57 Check# 125144Fixed Glass Windows, Storefront Door and Sidelite
50 9/10/2020Home Depot$ 1,153.70 Credit Card2" Faux Wood Blind
51 09/11/2020ACW Engineering$ 728.98 Check# 125154General Contractor's Fees for miscellaneous things.
52 09/11/2020Jose Hernandez$ 1,450.00 Check# 125164(1/2 payment) Build cabinets for break room and bathroom room
53 09/11/2020Jose Lopez$ 3,200.00 Check# 1251673/3 charges for sheet rock, installation, etc.
54 09/11/2020ACW Engineering$ 726.40 Check# 125178General Contractor's Fees for painting
55 09/11/2020Jose Luis Martinez$ 9,080.00 Check# 125179Paint walls, paoint doors w/ special paint scheme.
56 9/24/2020Sherwin Williams$ 3,684.67 Check# 125209Paint
57 9/24/2020Joe Torres$ 400.00 Check# 125213Labor & materials; install, furnish and black tiles
58 9/24/2020Bene Gutierrez$ 4,348.00 Check# 125199Hand cap nails
59 9/24/2020ACW Engineering$ 5,113.83 Check# 125180General's Contractor Fee's
60 9/24/2020Stroud Interiors/API$ 3,885.00 Check# 125212Invoice #1 for Interiors
61 9/24/2020Lohman Glass Company$ 500.00 Check# 12520234 5/8" x 39" stylemark w/ tempered glass
62 9/24/2020Juan Pena$ 4,251.00Check# 125205Commercial chain link fence; slaiden track gate; walking gates
63 9/24/2020R. A. Weaver Electric$ 47,347.00Check# 125207Payment application #2
64 10/2/2020Barrett's Heating & A/C$ 9,176.00Check# 125216HVAC Equipment; Duct grills hang and seal
65 10/5/2020McCoys$ 4,115.46Online paymentMisc. invoices
67 10/19/2020ACW Engineering$ 1,931.05WireGeneral Contractor's Fees for misc. people
68 10/19/2020Jose Hernandez$ 2,456.00Check# 125221(2/2 payment)Build cabinets for break room and bathroom room
69 10/20/2020Houston Grass$ 2,300.31Credit CardGrass and delivery charge.
70 10/20/2020Barber's Nursery Inc$ 1,322.39Credit CardEagleston Holly; Red Rose KO Double and delivery
71 10/27/2020McCoys$ 244.59Online payment4 pc. Glass set, anchor, titan drill, 4D finish nail bright
72 10/28/2020Carpet Plus$ 3,744.00Check# 125228Tile, cove base, labor
73 10/28/2020Texas Evergreen$ 6,495.00Check# 125261New Irrigation system; automatic controller irrigation system
74 10/28/2020Stroud Interiors/API$ 415.00Check# 125260Contract payments
75 10/28/2020Meridian Brick$ 2,905.21Check# 125248Bricks for building
76 10/28/2020Dynamic Plumbing$ 8,239.00Check# 125237Final draw on plumbing project
77 11/5/2020Sherwin Williams$ 361.98Check# 125273Pro Park WB Red
78 3/1/2021McCoys$ 1,929.52Online payment6' Car Stop, delivery charge
TOTAL VALIDATED AMOUNT$ 721,275.90
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Source of Funds:N/A
Teresa Evans, Director
Department:
Planning & Development
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits: Ordinance2021-3854, Deed, Area
Budgeted Item:YesNo
Map, Appraisal Summary
SUMMARY& RECOMMENDATION
The City of La Porte Planning &Development Department received an application from
La Porte Mini Storage, LLCto vacate, abandon and close a portion of the OhioStreet
right-of-way located between East Main Street and the North A Streetright-of-way,
located in Blocks 186 and 187, Townof La Porte.
The abandonment process requires that all adjacent property owners either participate
in the closure or sign away rights to their portion of the proposed closure. Victory
Tabernacle of La Porte, the only other adjacent property owner, decided not to participate
in the closurerequest and has authorized conveyance of their portion of the described
OhioStreetright-of-way.
The total area of the requested closure is 28,000square feet. The area to be closed and
abandonedwill be incorporated into the existing development to the southwest.
Staff have determined that there are no City or franchised utilities existing within the right-
of-way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have
all provided letters of no objection to the proposed right-of-wayclosure.CenterPoint and
applicant have agreed to a small easement that would cover a guy-wire that is currently
located within the right-of-way.
In accordance with Section62-35(b)of the City’s Code of Ordinances, the City obtained
an appraisal of the subject right-of-wayto establish fair market value. The appraisal report
established a value of $1.75per square foot. The applicant has submitted closing fees in
the amount of $49,000(28,000sq. ft. x $1.75) to the City. These funds are being held in
escrow subject to final consideration and action by City Council.
Staff recommends City Council approve street and alley closure request #21-
25000006, vacating, abandoning and closing a portion of the OhioStreet right-of-way
located between East Main Street and the North A Street right-of-way, located in Blocks
186 and 187, Town of La Porte
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinances 2021-3854 for street and alley closure request #21-
25000006, vacating, abandoning and closing a portion of the Ohio Street right-
of-way located between East Main Street and the North A Street right-of-way,
located in Blocks 186 and 187, Town of La Porte, and authorizing the execution
and delivery of a deed to the adjoining landowner.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3854
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE PORTION OF THE
OHIO STREET RIGHT-OF-WAY SITUATED BETWEEN EAST MAIN STREET AND
THE NORTH A STREET RIGHT-OF-WAY, LOCATED IN BLOCKS 186 AND 187,
TOWN OF LA PORTE, AND AUTHORIZING THE EXECUTION AND DELIVERY OF
A DEED TO THE ADJOINING LANDOWNER; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record owner of
the property abutting the portion of Ohio Street right-of-way located between East Main Street and
the North A Street right-of-way, located in Blocks 186 and 187, Town of La Porte, to vacate,
abandon and close 28,000 square feet of said right-of way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the portion of Ohio Street right-of-way located between East Main
Street and the North A Street right-of-way, located in Blocks 186 and 187, Town of La Porte is
not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of
the portion of Ohio Street right-of-way located between East Main Street and the North A Street
right-of-way, located in Blocks 186 and 187, Town of La Porte, is for the protection of the public
and for the public interest and benefit, and that the portion of Ohio Street right-of-way located
between East Main Street and the North A Street right-of-way, located in Blocks 186 and 187,
Town of La Porte, should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule
charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas
Local Government Code, the portion of the Ohio Street right-of-way located between
East Main Street and the North A Street right-of-way, located in Blocks 186 and 187,
Town of La Porte is hereby permanently vacated, abandoned, and closed by the City of
La Porte, such right-of-way being ncorporated
herein, and further described to wit:
BEING A TRACT OR PARCEL CONTAINING 0.64 OF AN ACRE OR 28,000 SQUARE FEET
OF LAND SITUATED IN BLOCKS 186 AND 187, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, BEING A PORTION OF OHIO STREET (80' R.O.W.) AS RECORDED UNDER VOL.
78, PG. 627, OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.), WITH SAID 0.64 OF
AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. SOUTH CENTRAL ZONE (NAD 83):
BEGINNING at the southeast corner of Lot 19, Block 186, Town of La Porte right and the Ohio
Street right-of-way wide;
THENCE, in a northwesterly direction along the southwest right-of-way line of the Ohio Street
right-of-way, a distance of 350south line of the North A Street right-
of-;
2
THENCE, in a northeasterly direction across the Ohio Street right-of-way, a distance of 80
intersection with the northeasterly line of the Ohio Street right-of- and Lot 1, Block
187, Town of La Porte;
THENCE, in a southeasterly direction along the northeast right-of-way line of the Ohio Street
right-of-way, a distance of 350north line of East Main Street;
THENCE, in a southwesterly direction across the Ohio Street right-of-way, a distance of 80
its intersection with the southeast corner of Lot 19, Block 186, Town of La Porte, said point
marking the POINT OF BEGINNING of the herein-described tract containing a total of 28,000
square feet (0.64 acres).
Section 2. That the abandonment, vacation and closure provided for herein is made and accepted
subject to all present zoning and deed restrictions if the latter exist, and all easements,
whether apparent or non-apparent, aerial, surface or underground.
Section 3. That the abandonment, vacation and closure provided for herein shall extend only to
the public right, title, easement and interest and shall be construed to extend only to
that interest which the governing body for the City of La Porte may legally and lawfully
abandon, vacate and close.
Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without
Warranty to the abutting owner upon completion of all conditions and requirements set
forth in this Ordinance.
Section 5. That the abutting property owner shall pay all costs associated with procedures
necessitated by the request to abandon the portion of the Ohio Street right of way
located between East Main Street and the North A Street right-of-way, located in
Blocks 186 and 187, Town of La Porte, as described in this Ordinance, plus
compensation for the market value of such abandoned property in accordance Chapter
62 of the City of La Porte Code of Ordinances.
Section 6. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered, and formally acted upon. The City
Council further ratifies, approves, and confirms such written notice and the contents
and posting thereof.
Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of the conflict only.
Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect or impair any remaining portions or
provisions of the ordinance.
3
Section 9. This ordinance shall be effective from and after its passage and approval, and it is so
ordered.
th
PASSED AND APPROVED THIS 13 day of DECEMBER 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: ________________, 20____
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571
Grantee: LA PORTE MINI STORAGE, LLC
Mailing Address: 507 E. Main St., La Porte, TX, 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
Being the portion of the Ohio Street right of way situated between East Main Street and the North
A Street right-of-way, located in Blocks 186 and 187, Town of La Porte, and containing a
cumulative total of 28,000 square feet, and be more fully described as follows:
BEING A TRACT OR PARCEL CONTAINING 0.64 OF AN ACRE OR 28,000 SQUARE FEET
OF LAND SITUATED IN BLOCKS 186 AND 187, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, BEING A PORTION OF OHIO STREET (80' R.O.W.) AS RECORDED UNDER VOL.
78, PG. 627, OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.), WITH SAID 0.64 OF
AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM. SOUTH CENTRAL ZONE (NAD 83):
BEGINNING at the southeast corner of Lot 19, Block 186, Town of La Porte right and the Ohio
Street right-of-;
THENCE, in a northwesterly direction along the southwest right-of-way line of the Ohio Street
right-of-tersection with the south line of the North A Street right-
of-);
THENCE, in a northeasterly direction across the Ohio Street right-of-
intersection with the northeasterly line of the Ohio Street right-of-wide) and Lot 1, Block
187, Town of La Porte;
THENCE, in a southeasterly direction along the northeast right-of-way line of the Ohio Street
right-of-;
THENCE, in a southwesterly direction across the Ohio Street right-of-
its intersection with the southeast corner of Lot 19, Block 186, Town of La Porte, said point
marking the POINT OF BEGINNING of the herein-described tract containing a total of 28,000
square feet (0.64 acres).
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
covenants, if any, applicable to and enforceable against the above described property as reflected by the
records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys
to Grantee the property without express or implied warranty, and all warranties that might arise by
common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded.
Attest: City of La Porte, Texas
_________________________________ By: _______________________________
Lee Woodward Corby D. Alexander
City Secretary City Manager
Approved as to form:
__________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on the _____ day of _______________, 20____,
by Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
ROW Closure
SAC
#21-25000006
Ohio ./E. Main
Legend
Subject Tract
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 125 feet
NOVEMBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
R.C.Chuoke&Associates,Inc.
Appraisers&Consultants
P.O.Box1447Office2813389633
LeagueCity,Texas77574Fax2813389533
September 27, 2021
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
Dear Sirs:
In accordance with your request, I have inspected the following described property
for the purpose of estimating the Market Value following described property as
of the date of this analysis. As per our agreement, the data and analysis is
presented in an abbreviated Restricted Appraisal format and is not intended to
contain the full analysis.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as +-28,000 square feet of land out of Ohio Street which is an unopened
right of way situated between East Main Street and North A Street, La Porte,
Harris County, Texas.
I hereby certify that I have personally inspected the property described from the
public street and that all data gathered by my investigation is from sources
believed reliable and true. In preparing this Restricted Appraisal, a study of
comparable sales and other related market data was performed. Per instructions
from the client this market value indication does not reflect any discounting for
use as a public right of way. It should clearly be understood that this letter only
constitutes only a statement of the final value and that does not presume to be the
complete analysis of the subject property nor a complete appraisal format and is
subject to the preparation of a detailed appraisal report. The subject property is a
portion of unopened Ohio Street Right of Way is described by the survey as a total
of +-0.64 acres or 28,000 square feet of land area. This right of way to be
abandoned is 80 feet X 350 feet. This right of way is located situated between
North Main Street and North “A” Street in central eastern La Porte. The
topography of the subject site is generally flat and level in terms of topography. It
is not located in the 100 year flood plain. Adjacent property uses consist primarily
of commercial property uses. The adjacent and nearby properties on the north side
of East Main Street appear to be zoned for general commercial use by the City of
.....Page 2 Continued......
La Porte. The Highest and Best Use of the subject property is determined to be for
use either for a street right of way, however it may have an alternative use by
adjacent property owners (assemblage) due to its configuration. The client and
intended user of this appraisal is the City of La Porte only. The intended use is to
estimate the current market value of the subject property of this analysis as
described above for use in establishing a market value for the subject property by
the client. There has been no transfer of the subject property noted for the past 36
months per appraisal district records. The effective date of the appraisal is
September 10, 2021 and last site inspection is September 10, 2021. The date of the
report is September 27, 2021. The estimated exposure time is up to 24 months.
Other sales of generally similar properties in the subject neighborhood were
researched that had locations that range from primary to secondary type roadways.
A unit value range of between $1.00 PSF to over $5.00 PSF was noted. After
adjustments, it is my opinion the estimated unit value range for the subject
property would be a unit value of $1.75 PSF.
Therefore the unit market value of the subject tract is estimated at $1.75 PSF or a
total of $49,000, which is based on 100% fee simple ownership with no
discounting applied for use as a public right of way.
Respectfully Submitted,
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES, INC.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
December 13, 2021
Agenda Date Requested:
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: Ordinance2021-3855, Deed, Area
Budgeted Item:YesNo
Map, Appraisal Summary(from adjacent tract)
S UMMARY& RECOMMENDATION
The City of La Porte Planning & Development Department received an application from
La Porte Real Property, LLCto vacate, abandon and close the HStreet right-of-way
th
situated between North BroadwayStreet and 8Street.
The abandonment process requires that all adjacent property owners either participate
in the closure or sign away rights to their portion of the proposed closure. There are three
(3) other adjacent property owners that will be affected by this proposed closure. Dorothy
Hearon has elected not to participate in the closure and has authorized conveyance of
herportion of the right-of-way to the applicant.Crenshaw Real Properties and Frontier
Port Properties, the other adjacent owners, have elected to participate and will receive
separate deeds for their portions of the closure.
The total area of the requested closure is 4.863 acre (211,815.06square feet). The area
to be closed and abandonedwill be incorporated into the existing developmentsto the
east and north.
Staff have determined that there are no franchised utilities existing within the right-of-
way. Comcast, AT&T, and CenterPoint, the three (3) franchise utility companies, have all
provided letters of no objection to the proposed right-of-wayclosure.There is an existing
eight (8) inch fire suppression water main in a portion of the right-of-way to be closed. As
partof the closure agreement, the City will abandon this portion of the watermain,
transferring ownership of the water main and existing fire hydrants to the applicant. As
a condition of approval, the applicant will be required, at their expense, to relocate the
existing fire suppression water main, within sixty (60) days of passage of this ordinance.
In accordance with Sections 62-35 (b)of the City’s Code of Ordinances, the City utilized
anappraisal conducted in 2019 for an adjacent right-of-way closure in order to establish
fair market value. The appraisal report established a value of $2.50per square foot. The
applicant has submitted closing fees in the amount of $529,537.65(211.815.06sq. ft. x
$2.50) to the City. These funds are being held in escrow subject to final consideration
and action by City Council.
Staff recommends City Council approve street and alley closure request #21-
25000005, vacating, abandoning and closing the H Street right-of-way situated
th
between North Broadway Street and 8 Street along with the stated conditions of
approval.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance 2021-3855 for street and alley closure request #21-
25000005, vacating, abandoning and closing the H Street right-of-way situated
th
between North Broadway Street and 8 Street, and authorizing the execution
and delivery of a deed to the adjoining landowner.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3855
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ENTIRETY OF
THE H STREET RIGHT-OF-WAY, SITUATED BETWEEN NORTH BROADWAY
th
STREET AND 8 STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY
OF A DEED TO THE ADJOINING LANDOWNERS; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record owners of
th
the property abutting the H Street right-of-way, situated between North Broadway Street and 8
Street, to vacate, abandon and close the entirety of said H Street right-of way, and;
WHEREAS, the City Council of the City of La Porte has determined and does hereby find,
determine, and declare that the H Street right-of-way, situated between North Broadway Street and
th
8 Street, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and
th
the closing of the H Street right-of-way, situated between North Broadway Street and 8 Street, is
for the protection of the public and for the public interest and benefit, and that the H Street right-
th
of-way, situated between North Broadway Street and 8 Street, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule
charter, Chapter 62 of the City of La Porte Code of Ordinances and Chapter 253, Texas
Local Government Code, the entirety of the H Street right-of-way, situated between
th
North Broadway Street and 8 Street, is hereby permanently vacated, abandoned, and
closed by the City of La Porte, such right-of-way being generally illustrated on Exhibit
ncorporated herein, and further described to wit:
Nebraska Syndicate, as recorded in Volume 83, Page 345 Harris County Deed Records, and being in the
John Hunter Survey, Abstract Number 35, Harris County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly corner of the herein described tract
th
of land, in the west line of 8
Nebraska Syndicate, and said BEGINNING POINT having a Texas State Plane Coordinate System, South
Central Zone (4204) Value of X = 3,229,519.31 and Y = 13,814,669.87 (GRID):
th
1. THENCE, North 86 degrees 55 minutes 55 seconds East, over and across said 8
R.O.W.), along the north line of said H Street, south line of a called 47.709 acre tract being recorded
in Harr
southeasterly corner of said Restricted Reserve A, in the west
R.O.W.) recorded in Nebraska Syndicate, volume 83, page 345, of the Map Records of Harris
County, Texas;
2
2. THENCE, South 03 degrees 03 minutes 04 seconds East, over and crossing said H Street, a
distance of 80.00 feet to a set 5/8 inches iron rod, being in the southeasterly corner of the herein
described tract of land, being in the south line of said H Street, the northeasterly corner of a called
line of said
3. THENCE South 86 degrees 55 minutes 55 seconds West, along the north line of said called
stnd
10.903 acre, over and crossing North 1 Street (60 feet wide), over and crossing North 2 Street
(60 feet wide), along the north line of a called 5.760 acre tract being recorded in Harris County
th
No. 20008059130, over and crossing 4
thth
blocks 6 and 7 of Nebraska syndicate and over and crossing 6
Streets, a distance of 2,647.69 feet to
southwesterly corner of the herein described tract;
4. THENCE, North 03 degrees 03 minutes 04 seconds West, over and across of said called H Street,
a distance of 80.00 feet to the POINT OF BEGINNING, and containing within these calls 4.863
acre (21,815.06 sq.ft.).
Section 2. In conjunction with the abandonment, vacation and closure of the aforementioned H
Street right-of-way the City of La Porte hereby abandons in place an existing eight (8)
inch fire suppression water main located within the said H street right-of-way, along
with two (2) fire hydrants connected to said water main and located appurtenant to the
said H Street right-of-way. Title to, and responsibility for maintenance of, the said fire
suppression water main and two (2) fire hydrants located appurtenant to the H Street
right-of-way shall transfer to CRENSHAW REAL PROPERTIES II, Ltd., upon the
abandonment, vacation and closure of the said H Street right-of-way.
Section 3. As a condition precedent to the abandonment, vacation and closure of the said H Street
right-of-way, CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER PORT
PROPERTIES, LLC shall be jointly responsible to relocate an existing service line
connected to the aforementioned eight (8) inch fire suppression water main within the
th
said H Street right-of-way, to the water main situated within the 8 Street right-of-way.
th
The relocation of the said service line to the water main situated within the 8 Street
right-of-way shall be completed within sixty (60) days of passage of this ordinance.
Section 4. That the City Manager is hereby authorized to execute and deliver a Deed Without
Warranty to CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER PORT
PROPERTIES, LLC upon completion of all conditions and requirements set forth in
this Ordinance.
Section 5. That the abandonment, vacation and closure provided for herein is made and accepted
subject to all present zoning and deed restrictions if the latter exist, and all easements,
whether apparent or non-apparent, aerial, surface or underground.
Section 6. That the abandonment, vacation and closure provided for herein shall extend only to
the public right, title, easement and interest and shall be construed to extend only to
3
that interest which the governing body for the City of La Porte may legally and lawfully
abandon, vacate and close.
Section 7. CRENSHAW REAL PROPERTIES II, Ltd. and FRONTIER PORT PROPERTIES,
LLC shall pay all costs associated with procedures necessitated by the request to
th
abandon the H Street right-of-way, situated between North Broadway Street and 8
Street, as described in this Ordinance, plus compensation for the market value of such
abandoned property in accordance Chapter 62 of the City of La Porte Code of
Ordinances.
Section 8. 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 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of the conflict only.
Section 10. If any part or portion of this ordinance shall be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect or impair any remaining portions or
provisions of the ordinance.
Section 11. This ordinance shall be effective from and after the completion of the relocation of
the existing service line connected to the eight (8) inch fire suppression water main
within the H Street right-of-way as described herein, to the water main located within
th
the 8 Street right-of-way, at which point the City Manager shall execute and deliver a
Deed Without Warranty to CRENSHAW REAL PROPERTIES II, Ltd. and
FRONTIER PORT PROPERTIES, LLC as authorized by Section 4 of this ordinance.
th
If the relocation of the said service line to the water main within the 8 Street right-of-
way is not completed within sixty (60) days of passage of this ordinance, this ordinance
shall become void and of no effect.
th
PASSED AND APPROVED THIS 13 day of December 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
4
ATTEST: APPROVED AS TO FORM:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: _____________________, 202____
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Grantee: CRENSHAW REAL PROPERTIES II, LTD.
Mailing Address: 1655 Louisiana St., Beaumont, Texas 77701
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
th
Being the entirety of the H Street right-of-way, situated between North Broadway Street and 8
Street and closed by the City of La Porte, Texas under Ordinance No. 2021-______, passed on
December 13, 2021, and which H Street right-of-way is more full described below, SAVE AND
EXCEPT that portion of the said H Street right-of-way described as the south one-half of the H
Street right-of-way (being a width of 40 feet), from the midpoint of the intersection of the said H
nd
Street right-of-way and the 2 Street right-of-way to the western right-of-way line of the North
Broadway Street right-of-way (being a length of 621.29 feet) and containing a total of 24,851
square feet, and conveyed by the City of La Porte, Texas to Frontier Port Properties, LLC by deed
dated _________, 202_.
Nebraska Syndicate, as recorded in Volume 83, Page 345 Harris County Deed Records, and being in the
John Hunter Survey, Abstract Number 35, Harris County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly corner of the herein described tract
th
of land, in the west line of 8
Nebraska Syndicate, and said BEGINNING POINT having a Texas State Plane Coordinate System, South
Central Zone (4204) Value of X = 3,229,519.31 and Y = 13,814,669.87 (GRID):
th
THENCE, North 86 degrees 55 minutes 55 seconds East, over and across said 8
the north line of said H Street, south line of a called 47.709 acre tract being recorded in Harris County
Restricted Reserve A, in the west line of
Syndicate, volume 83, page 345, of the Map Records of Harris County, Texas;
THENCE, South 03 degrees 03 minutes 04 seconds East, over and crossing said H Street, a distance of
80.00 feet to a set 5/8 inches iron rod, being in the southeasterly corner of the herein described tract of
land, being in the south line of said H Street, the northeasterly corner of a called 10.903 acre tract being
R.O.W.):
THENCE South 86 degrees 55 minutes 55 seconds West, along the north line of said called 10.903 acre,
stnd
over and crossing North 1 Street (60 feet wide), over and crossing North 2 Street (60 feet wide), along
th
File No. 200070706634, along the north line of blocks 6 and 7 of Nebraska syndicate and over and crossing
thth
6 feet toa n set 5/8 inches iron rod with
THENCE, North 03 degrees 03 minutes 04 seconds West, over and across of said called H Street, a distance
of 80.00 feet to the POINT OF BEGINNING, and containing within these calls 4.863 acre (21,815.06
sq.ft.).
As an express condition of this transfer Grantor conveys to Grantee and abandons in place an existing
eight (8) inch fire suppression water main located within the conveyed Property, along with two (2) fire
hydrants located appurtenant to the conveyed Property, as illustrated on the diagram attached hereto as
Exhibit A and incorporated by reference, which water main and fire hydrants are accepted by Grantee
.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
covenants, if any, applicable to and enforceable against the above-described property as reflected by the
records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys
to Grantee the property without express or implied warranty, and all warranties that might arise by
common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded.
Attest: City of La Porte, Texas
_________________________________ By: _______________________________
Lee Woodward Corby D. Alexander
City Secretary City Manager
Approved as to form:
__________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ____________, 202____, by
Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
ACCEPTED BY:
_________________________
Title:______________________
CRENSHAW REAL PROPERTIES II, LTD.
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ________________ 202___ by
_____________________________, __________________________ of CRENSHAW REAL
PROPERTIES II, LTD.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
DEED WITHOUT WARRANTY
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: _____________________, 202____
Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation
Mailing Address: 604 West Fairmont Parkway, La Porte, Texas 77571
Grantee: FRONTIER PORT PROPERTIES, LLC
Mailing Address: 101 East Barbours Cut Blvd., La Porte, Texas 77571
Consideration: Ten and No/100 Dollars ($10.00) cash
and other good and valuable considerations
Property: (including any improvements):
The South one-half of the H Street right-of-way (being a width of 40 feet), from the midpoint of
nd
the intersection of the said H Street right-of-way and the 2 Street right-of-way to the western
right-of-way line of the North Broadway Street right-of-way (being a length of 621.29 feet) and
containing a total of 24,851 square feet, such property being out of and part of the H Street right-
th
of-way situated between North Broadway Street and 8 Street and closed by the City of La Porte,
Texas, under Ordinance No. 2021-______, passed on December 13, 2021, and the entirety of
which closed right-of-way is more fully described as follows:
A tract of land containing 4.863 acre (211,815.06 sq. ft.),
Nebraska Syndicate, as recorded in Volume 83, Page 345 Harris County Deed Records, and being in the
John Hunter Survey, Abstract Number 35, Harris County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a five eighths inches iron rod set for the northwesterly corner of the herein described tract
th
of land, in the west line of 8
Nebraska Syndicate, and said BEGINNING POINT having a Texas State Plane Coordinate System, South
Central Zone (4204) Value of X = 3,229,519.31 and Y = 13,814,669.87 (GRID):
th
THENCE, North 86 degrees 55 minutes 55 seconds East, over and across said 8
the north line of said H Street, south line of a called 47.709 acre tract being recorded in Harris County
northeasterly corner of the herein described tract of land, southeasterly corner of said
Syndicate, volume 83, page 345, of the Map Records of Harris County, Texas;
THENCE, South 03 degrees 03 minutes 04 seconds East, over and crossing said H Street, a distance of
80.00 feet to a set 5/8 inches iron rod, being in the southeasterly corner of the herein described tract of
land, being in the south line of said H Street, the northeasterly corner of a called 10.903 acre tract being
R.O.W.):
THENCE South 86 degrees 55 minutes 55 seconds West, along the north line of said called 10.903 acre,
stnd
over and crossing North 1 Street (60 feet wide), over and crossing North 2 Street (60 feet wide), along
th
called
File No. 200070706634, along the north line of blocks 6 and 7 of Nebraska syndicate and over and crossing
thth
6
THENCE, North 03 degrees 03 minutes 04 seconds West, over and across of said called H Street, a distance
of 80.00 feet to the POINT OF BEGINNING, and containing within these calls 4.863 acre (21,815.06
sq.ft.).
As an express condition of this transfer Grantor conveys to Grantee and abandons in place an existing
eight (8) inch fire suppression water main located within the conveyed Property, along with two (2) fire
hydrants located appurtenant to the conveyed Property, as illustrated on the diagram attached hereto as
Exhibit A and incorporated by reference, which water main and fire hydrants are accepted by Grantee
.
Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all
and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and
covenants, if any, applicable to and enforceable against the above-described property as reflected by the
records of the county clerk of the aforesaid county.
Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys
to Grantee the property without express or implied warranty, and all warranties that might arise by
common law and the warranties in §5.023 of the Texas Property Code (or its successor) are excluded.
Attest: City of La Porte, Texas
_________________________________ By: _______________________________
Lee Woodward Corby D. Alexander
City Secretary City Manager
Approved as to form:
__________________________
Clark T. Askins
Assistant City Attorney
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ____________, 202____, by
Corby D. Alexander, City Manager of the City of La Porte, Texas, a municipal corporation.
____________________________________
Notary Public, State of Texas
ACCEPTED BY:
_________________________
Title: ______________________
FRONTIER PORT PROPERTIES, LLC
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument was acknowledged before me on _____ day of ______________, 202____, by
____________________, ________________ of FRONTIER PORT PROPERTIES, LLC.
____________________________________
Notary Public, State of Texas
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C. ASKINS & ASKINS, P.C.
P.O. Box 1218 P.O. Box 1218
La Porte, TX 77572-1218 La Porte, TX 77572-1218
ROW CLOSURE
SAC
#21-25000005
H St. ROW
Legend
Water Main
Proposed ROW Closure
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 334 feet
BARBOURS CUT
APRIL 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
R.C. Chuoke & Associates, Inc.
Appraisers & Consultants
P.O. Box 1447 Office- 281-338-9633
League City, Texas 77574 Fax- 281-338-9533
December 17, 2019
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Restricted Appraisal regarding the estimated Market Value of portions
of North 2nd Street and North 4th Street both unopened right of ways
situated between W. Barbour's Cut Blvd. and H Street, La Porte, Harris
County, Texas.
Dear Sirs:
In accordance with your request, I have inspected the following described
property for the purpose of estimating the Market Value following described
property as of the date of this Restricted Appraisal. As per our agreement, the
data and analysis is presented in an abbreviated Restricted Appraisal format
and is not intended to contain the full analysis.
BRIEF LEGAL DESCRIPTION OF PROPERTY
Known as +-1.129 acres of land out of a portion of North 2nd Street and +-
1.129 acres of land situated a portion of North 4th Street, both being unopened
right of ways between Barbour's Cut Blvd and H Street located in the City of
La Porte, Harris County, Texas. (See attached surveys know located in the
addenda).
I hereby certify that I have personally inspected the property described via a
street inspection and that all data gathered by my investigation is from
sources believed reliable and true. In preparing this Restricted Appraisal, a
study of comparable sales and other related market data was performed. Per
instructions from the client the market value indicated reflects the unit value
of the subject property before any discounting for use as a public right of way
application. This market value indication does not reflect any discounting for
use as a public right of way.
It should clearly be understood that this letter only constitutes only a
statement of the final value and that does not presume to be the complete
analysis of the subject property nor a complete appraisal format and is subject
.....Page 2 Continued......
to the preparation of a detailed appraisal report. The North 2nd Street ROW is
described by the survey as a total of +-1.129 acres or 49,179 square feet of land area. This
tract consists of a portion of the unopened North 2nd Street right of way which is 80' X
820.02'. The North 4th Street ROW is described by the survey as a total of +-1.129
acres or 49,179 square feet of land area. This tract consists of a portion of the unopened
North 2nd Street right of way which is 80' X 820'. Both right of ways are located north of
Barbour's Cut Blvd and east of State Highway 146 in north La Porte. The subject site is
generally flat and level in terms of topography. It is not located in the 100 year flood plain.
Adjacent property uses consist primarily of commercial and light industrial property uses.
The adjacent and nearby properties are zoned for light industrial and business industrial
use by the City of La Porte. The Highest and Best Use of the subject property is
determined to be for use either for a street right of way, however it may have an alternative
use by adjacent property owners due to its configuration. The client and intended user of
this appraisal is the City of La Porte only. The intended use is to estimate the current
market value of the subject property of this analysis as described above for use in
establishing a market value for the subject property by the client. There has been no
transfer of the subject property noted for the past 36 months per appraisal district records.
The effective date of the appraisal is December 9, 2019 and last site inspection is
December 16, 2019. The date of the report is December 17, 2019. The estimated
exposure time is up to 24 months.
Other sales of generally similar properties in the subject neighborhood were
researched that had locations that range from primary to secondary type roadways.
A unit value range of between $2.00 PSF to over $8.00 PSF was noted. After
adjustments, it is my opinion the estimated unit value range for the subject
property would be a unit value of $2.50 PSF before any additional discounting
by the "City".
Therefore the unit market value of the subject tract is estimated at $2.50 PSF
which is based on 100% fee simple ownership with no discounting
applied for use as a public right of way.
Respectfully Submitted,
Chris Chuoke, President
R.C. CHUOKE & ASSOCIATES , INC.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 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:Area Map; HCFCD Prioritization Report;
Budgeted Item:YesNo
Executed Professional Services Agreement;
Inter-local Agreement
SUMMARY& RECOMMENDATION
The Little Cedar Bayou (F216-00-00) Phase III Drainage Improvements Project was the
fourth highest prioritized drainage project by the Drainage Committee at the August 13,
2018 Drainage Committee Meeting. Segments of Little Cedar Bayou were identified for
phased improvements to provide additional drainage capacity within the conveyance
system. Phase I was completed in 2011 and included a 28 acre regional detention basin
south of W. Main Street. Phase II, completed July 2019, consisted of 1.3 miles of bayou
widening from the Madison St. right-of-way (ROW) to 450 feet south of Spencer
Highway generally along the 13th, 14th & 15th Street rights-of-way. Phase III will
address the remaining unimproved section, from the Madison St. ROW, extending to
upstream end of the bayou at Sens Rd.
Staff has coordinated the Little Cedar Bayou Phase III Project with Harris County Flood
Control District (HCFCD) and arranged to include the project as part of the 2018
HCFCD Bond Program. The project is identified with Bond ID number C-57 within the
HCFCDBond Program, with an estimated HCFCD Bond allocation of $8,000,000.
contribution to the project, for a total estimated project budget of $10,000,000 (including
design and construction). This project received a priority ranking of twenty-third out of
the seventy-nine HCFCD Bond projects.
The City entered into a professional services agreement (attached), on December 16,
2020, with 5Engineering, LLC (5E), including a fee of$329,125 to prepare a drainage
report for the Little Cedar Bayou Phase III Project. During this phase of the project, the
City and HCFCD will evenly share (50/50) the cost ($329,125, which includes a $30,000
contingency) for preliminary engineering associated with the F216 scope. Staff has
coordinated with HCFCD to develop the terms of an inter-local agreement associated
with the 50/50 cost shareof the drainage report
be issued as reimbursements, which will decrease
by $164,562.50.
Benefits:
Project reduces flood risks associated with Little Cedar Bayou.
Makes progress towards completion of project identified within the 2018
HCFCD Bond Program.
Project addresses recommended drainage improvement identified in 2008
City-wide Drainage Report.
Project identified in Hazard Mitigation Action Plan.
Liabilities:
City would totally fund this scope of work.
The Drainage Committee is expected to discuss this item at the December 13, 2021
meeting and provide a recommendation to City Council at the time of the December 13,
2021 City Council meeting. Staff recommends the entering into an inter-local
agreement with Harris County to receive funds for Harris County Flood Control District
Bond Project C-57 (Little Cedar Bayou Drainage Improvements). As the project
progresses to design and construction phases, it is anticipated that future inter-local
agreements will be instituted to complete the project.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to enter into an inter-local agreement with Harris
County to receive funds for Harris County Flood Control District Bond Project C-
57 (Little Cedar Bayou Drainage Improvements).
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
11200 Westheimer Rd. #353, Houston TX 77042|832-800-3483|2020.11.05_0094_PR_01_LTR.docx
November 5, 2020
Mr. LorenzoWingate, P.E.
City Engineer
City of La Porte
rd
2963 N 23Street
La Porte, TX 77571
Re:Avenue H/Sens Road Drainage Study&
Little Cedar Bayou(F216-00-00) Drainage Study
Dear Mr. Wingate:
5engineering, llc (5e)is pleased to offer our services for theAvenue H/Sens Road Drainage Study and
the Little Cedar Bayou(F216-00-00) Drainage Study.
AVENUE H/SENS ROADDRAINAGE ANALYSIS
Sens Road was expanded in 2014, and the plans included a detention pond west of Sens Road between
North D Street and North Avenue H, directly across Sens Road from Little Cedar Bayou (HCFCDUnit
#F216-00-00). This analysis includes determining the existing drainage areas, contributing flows, and
developing hydrologic and hydraulic (H&H) models to illustrate the drainage patterns and capacities in
the area. The study area will be focused onthe area of detention, the roadside ditches, and culvert
crossingsalong North H Avenue, and Sens Road.
The following scope of services is organized into Basic and Additional Services. Basic Services are those
assignments that are well defined and known to be necessary to accomplish the project goals.
Additional Services are those tasks that are not known to be necessary at this time but may be
determined as necessary through the course of the Basic Services.
BASIC SERVICES
A.Project Management
1.Meetingsand Coordination: 5eanticipates three (3) meetings for this project, including a project
kick-off meeting with La Porte and another meeting to discuss preliminary findings of the
modeling oncethe project is finalized. The third meeting will take place with Harris County Flood
Control District (HCFCD) for the impact analysis portion of the project.
2.Collect & Review As-Builts/Reports: As-builts and/or reports pertinent to the analysis will be
collected from the City of La Porte, Harris County, and other entities. This information will be
reviewed for incorporation into the modeling tasks detailed below.
3.Field Visit: 5ewill performa field visit to collect information on the Sen’s Road drainage system
for use in the analysis detailed below.
4.Monthly Reporting:5ewill provide monthly status reports to the Cityof La Porte,including
subconsultants’ work progress for the duration of the project.
B.Existing Hydrology
This task includes developing the hydrologic parameters and drainage areasfor the Sens Road
roadway area and Phase III on F216-00-00.
1.Delineate Drainage Areas: The 2018 LiDAR will be used to determine existing flow paths and
other drainage area characteristics necessary to delineate drainage areas.
2.Develop Hydrologic Parameters: Hydrologic parameterswill be developed for each
drainage area consistent with current criteria and methodology.
3.Develop Rational Peak Flows: Harris County Flood Control District has adopted Atlas 14
rainfall. The Rational peak flows for the 2-, 5-, 10-, and 100-year storm frequencies will be
developed consistent with HCFCD’s latest criteria and methodology.
4.IterateSWMM Hydrographs: Using the Rational peak flows, the storage coefficient (R) will be
iterated within HEC-HMS to develop hydrographs to be used in the SWMM modeling.
C.Existing Hydraulics(Roadway)
This task includes developing new hydraulic model for Sens Rd.
1.Develop 1D-2D SWMM Model: Using available as-builts, reports,and LiDAR data, a1D-2D SWMM
model will be developedusing LiDAR 2018 supplemented with available survey.
2.Perform Simulations for2-, 5-, 10-,and 100-Yr Runs (2D SWMM): Using the existing conditions
hydrologic model hydrographs, the 2-, 5-, 10-and 100-year SWMM simulations will be developed.
3.CreatePonding Depth Maps: Ponding depths maps will be created from the SWMM models for
the 2-, 5-, 10, and 100-year storm events.
4.Quantify WSEs: Water surface elevations (WSEs) will be quantified for the SWMM for the 2-, 5-, 10-,
and 100-year storm events.
D.Proposed Roadway Hydraulics
This task includes developing three (3) improvement alternatives for Sens Rd.
1.Alternative 1(Reconfigure Storm Sewer and Pond Connections): Alternative 1 will consider
reconfiguring the storm sewer and pond connections to the existing detention pond on the west
side of Sens Road.
2.Alternative 2 (Additional Conveyance Along Sens Road): Alternative 2 will consider increasing
the conveyance along Sens Road.
3.Alternative 3 (Expand Pond): Alternative 3 will consider expanding the existing detention pond
on the west side of Sens Road.
4.Quantify WSEs: Water surface elevations (WSEs) will be quantified for the SWMM for the 2-, 5-, 10-,
and 100-year storm eventsfor each alternative.
Avenue H/Sens Road Drainage Study &Page 2
E.Construction Cost Estimates
Construction cost estimateswill be developed for the 3 Sens Road alternates to assist the City in selecting
a desired alternative.
F.Deliverables
This task includes an alternatives technical memo to document the 3 alternatives presented and an
impact analysis to submit the selected project to HCFCD.
1.Alternative Summary Technical Memo: The deliverable will include a technical memo that
includes documentation of the procedures and methodologies usedfor the project. Three
alternatives will be presented including construction cost estimates. Exhibits will be developed
as meeting material to help clarify the modeling results. The hydraulic (HEC-RAS/SWMM) and
hydrologic (HEC-HMS) models will also be provided to the City as part of this analysis.
2.Impact Analysis: The deliverablewill include an impact reportfor the selected alternativeto be
submitted to HCFCDfor their review and approval.
ADDITIONAL SERVICES
Contingency –Limited investigation into utilities, surveying or ROW may be required as part of a
constructability review of the proposed alternatives in Basic Services. 5ewill make every effort to utilize
existing data, including LiDAR, and will not use this additional services scope, unless necessary and
authorized by the City. The estimated fee is $20,000. If needed, a specific scope of services will be
provided to the City.
Fee and Schedule–The fee for performing the above scope of servicesfor the Avenue H/Sens Road
Drainage Studyis $124,630andwill be billed monthly(see Exhibit Afor detailed break-down). The
proposed services will be completed within 6monthsof notice to proceedand receipt of as-built plans
and reports (if available).
LITTLE CEDAR BAYOU(F216-00-00)DRAINAGESTUDY
STUDY PHASE AND DRAINAGE REPORT
The City of La Portehas engaged 5engineering, llc(Engineer)to perform a drainage study for Little
Cedar Bayou(HCFCD Unit No. F216-00-00), which includes the Phase III improvements from Sens Road
to W. Main Street. The intent of this study is to create a conceptual Watershed Plan to identify strategies
for mitigation of existing flooding problems and to address improved drainage infrastructure required to
achieve 100-year channel level-of-service within the study limits. The 100-year level-of-service is based
on 100-year Atlas14 rainfall data or 500-year current rainfall data. The study is located in Harris County
Precinct 2 and is funded from the 2018 Bond proceeds. It is identified as bond project ID C-57.
The following scope of services is organized into Basic and Additional Services. Basic Services are those
assignments that are well defined and known to be necessary to accomplish the project goals.
Additional Services are those tasks that are not known to be necessary at this time but may be
determined as necessary through the course of the Basic Services.
BASIC SERVICES
A.Project Management and Coordination
1.Project Management: The Engineer shall perform project management services necessary to
complete the project including submittingmonthly invoices with progress reports, developing
and maintaining a detailed project schedule, and managing and monitoring sub-consultants.
Avenue H/Sens Road Drainage Study &Page 3
2.Quality Control:The Engineer shall perform a documented QA/QC process throughout the study.
A quality plan will be developed that identifies designated reviewers with appropriate expertise
for their review responsibility. All deliverables will be reviewed prior to submission.
3.Meetings: The following meetings are anticipated based on a 9-month project schedule.
a.Coordination meetings with HCFCD:Attend project kickoff and monthly status meetings
(9 meetings) to present work activities and results of the study and discuss project issues.
The Engineer will prepare agendas for eachmeeting and will distribute meeting minutes
within 5 days of each meeting.
b.HCFCD Technical Workshop:The Engineer will attend two (2)workshops. One workshop
will discuss the problem areas and potential project concepts. The second workshop will
discuss the recommended project.
c.Stakeholders meetings: It is anticipated that the Engineer will attend five(5) meetings
withvarying stakeholders throughoutthe course of the project to present study results
and receive stakeholder input to be incorporated into the proposed improvements. Two
of these meetings will involve HarrisCounty Precinct 2. This effort includes preparing for
the stakeholder meetings with appropriate materials such as basic exhibits, or a small
PowerPoint presentation slide decks, as well as attending and documenting the minutes
of the meetings.
4.CommunityEngagement: F216-00-00is part of the HCFCD bond (Bond Project ID C-57). The
standard community engagement process for bond projects will be followed.The Engineer shall
prepare for and attend one (1) community engagement meeting. A proposal from Hollaway
Environmental to perform services forcommunity engagement is reflected in the overall LOE and
attached.The tasks listed below are from that proposal.
a.Community Meeting Noticing: Hollawaywill develop a bond project specific stakeholder
database and draft and distribute public notices for each community meeting.
b.Community Meeting Logistics and Implementation: Hollaway will participate in the
project kickoff meeting, develop a written meeting plan, develop public information
tools for the community meeting, and coordinate all necessary community meeting
resources and infrastructure.
c.Public Comments and Community Meeting Documentation:Hollaway will provide
responses for all public comments received in coordination with HCFCD.
d.Community Engagement Completion Activities: Hollaway will summarize the meeting by
summarizing the materials presented, documenting community engagement efforts,
and summarizing comments and questions.Electronic files will be provided to the Flood
Control District within 30 days of the community engagement meeting.
e.Expenses (Estimated): Hollaway will provide yard signs and/or door hangers, translation
services (both noticingand print materials) and amass mailer.
5.Subconsultant Management: The Engineer shall not subcontract any part of its Contract without
approval by HCFCD. The Engineer shall evaluate and be responsible for subconsultant proposals
and deliverables to the same extent as if they services were performed by the engineer.
B.Data Collection
1.Project Initiation: The purpose of this task is to collect and evaluate key information to assist in
refining the study scope of work. The Engineer shall collect all available information and data
including, but not limited to, record construction plans, previous drainage studies, HCFCD
historical flooding data, High Water Marks, Watershed Masterplan data, FEMA Repetitive Loss
properties, flooding reports, LiDAR DEM data, aerial maps, HCFCD watershed maps, hydrologic
and hydraulic models, City of Houston GIMS data and any other pertinent technical data in the
development of this scope of services.
2.Research and Review Available Data: The Engineer shall review and evaluate all available
information and data related to the Study Area. An inventory of the information collected will
be developed.
Avenue H/Sens Road Drainage Study &Page 4
3.Field Reconnaissance: The Engineer shall conduct field reconnaissance to identify and
document the existing drainage systems, outfalls, and drainage patterns for the project area.
The Engineer will also perform field measurements of various infrastructure, such as outfall pipes
and inlets, to be incorporated in the development of hydraulic models. Photographs, notes,and
sketches will be made todocument the reconnaissance and aid in model development.
4.Evaluate 2018 LiDAR: Within the Study Area, the Engineer shall compare the 2018 LiDAR with the
2008 LiDAR, 2001 LiDAR, and site collected data. Availablebenchmark data will be considered
with thisanalysis. Production for the survey effort shall include a difference between the surfaces,
comparison of channel cross section using the different LiDAR sources, available survey, and site
collected data. This information will assist in establishing the approach to review and updatethe
providedHEC-RAS model of Little Cedar Bayou(F216-00-00).
5.Initial Base Map Information Production: The Engineer will develop a series of base maps that
summarize the data and information collected as part of the data collection process. Maps will
include information such as reported structural flooding, floodplains and cross sections, HCFCD
ROW file, LiDAR topography, studied and unstudied channels, historical channels, and other key
information.
6.Survey: Additional surveyis not anticipateddue to previously completed analysis. The provided
analysis and survey will be reviewed. A change order will be requested to perform any additional
survey.
C.Erosion Assessment
Erosion assessment isnot anticipated due to previously completed analysis. Theprovided analysis
and models will be reviewed. A change order will be requested to perform any additional analysis.
D.Existing Conditions
This task includes reviewing an existing conditionsanalysis previously performed by othersand
updating the analysis,as necessary.
1.Open Channel HMS/RAS Modeling
The models from the 2019 CDBG Galveston Bay Watershed stud which are the latest HEC-HMS
and HEC-RAS models will be provided by HCFCD and will be reviewed and updatedas needed.
This effort will assist in determining the existing channel capacity.
a.Review and Update HEC-HMS Model: Review the analysis previously performed by others
and provided by HCFCD. Revise theHEC-HMS drainage area parameters and rainfall
data as necessary tomeet current HCFCD standardand project objectives. This work
may include updated land use, recalculation of Basin Development Factors (BDF) and
other data required to recalculate TC&R data using the most current HCFCD
methodology. The HEC-HMS models will be updated with Atlas 14 rainfall data and new
hydrographs will be developed for existing and proposed conditions for Little Cedar
Bayou(F216-00-00). The rainfall data will be updated for the 2-yr (50%), 5-yr (25%), 10-yr
(10%), 25-yr (4%), 50-yr (2%),100yr (1%), and 500-yr (0.2%) storm frequencies.
b.Review Conversion fromEffective HEC-RAS Model to Unsteady: The Engineer will review
the conversion from the Effective HEC-RAS model to the unsteady model provided by
HCFCDto document the preliminary hydraulicanalysis. Storm frequencies that will be
analyzed include the Atlas 14 10-yr (10%), 50-yr (2%), 100-yr (1%), and 500-yr (0.2%). The
results of the model conversion will be compared to the effective model and standard
model conversion tolerances verified.
c.Reviewand UpdateHEC-RAS Model: The F216 effective model was previously extended
by others to Sens Road west of the railroadand converted to a 1D unsteady model. This
extended model will be reviewed and updated if needed. Note: The latest model
provided by HCFCD is a 1D unsteady model. If requested by the City and/or HCFCD, this
model can be converted to a 1D-2D unsteady model through a change order.
Avenue H/Sens Road Drainage Study &Page 5
d.Model Validation: Hurricane Harvey will be analyzed with the results assessed against
HCFCD documented flooded structures provided through the data collection process.
This effort includes collecting available rain gauge datafrom HCFCDand processing the
rainfall to be applied within the HEC-HMS hydrology model.Note:This task is only for
validation purposes only and is not intended to be a calibration task. If calibration is
requested, a change order can be provided to the City for approval.
e.Preliminary Floodplain: The Engineer shall utilize the HEC-RAS model results to delineate
the existing preliminary 100-year floodplain for F216-00-00. Floodplain exhibits will be
developed depicting the results of the analysis.
f.Channel LOS: The channel performance and capacity will be analyzed for each stream
segment and a Level-of-Service documented. Level-of-Service exhibits will be
developed to communicate to the public.
g.Initial Problem Areas Identification: Areas with low levels of service will be identified and
problem areas delineated.
2.Future Development: Little Cedar Bayou(F216-00-00)will be reevaluated to determine its ability
to accommodate improvements to the collection system. This analysis simulates the scenario
where the collection system is improved, thereby increasing flowsto the channel. This is
accomplished by updating the factors for Storm Sewer Pre-or Post-1984 parameter in the BDF
calculations.
a.Hydrology: The Storm Sewer BDF factor will be updated to (Post-1984) to reflect a well-
draining collection system, and other BDF factors will be checked and updated as
necessary to calculate updated peak flows. Storm frequencies that will be analyzed
include theAtlas 1410-yr (10%), 50-yr (2%), 100-yr (1%), and 500-yr (0.2%).
b.HEC-RAS Analysis Update: The existing conditions HEC-RAS model will be modified to
reflect the updated increased flows that represent a future improved drainage
collection system.
c.Channel LOS: The channel level-of-service will be redefined based on the updated
Future Development HEC-RAS analysis.
3.2-Dimensional Analysis
2D Rain-on-Grid analysiswill be performed for the updated HEC-RAS modelto help locate
possible ponding issues within the F216 watershed. Ponding depths maps will be developed for
the 10-, 50-, 100-, and 500-year Atlas 14 storm events.
4.Problem Area Identification
Problem Area Identification has been previouslyperformed by others. Analysis will not be redone
unless requested by HCFCD or review shows inaccuracies that need to be corrected. If
necessary, a change order will be requested.
5.Problem Area Assessment Criteria
Problem Area Assessment Criteria has been previouslyperformed by others. Analysis will not be
redone unless requested by HCFCD or review shows inaccuracies that need to be corrected. If
necessary, a change order will be requested.
E.Proposed Conditions
1.Improvement Option Definition: The defined problem areas and constraints will be utilized to
develop conceptual improvement options. Improvement options will be documented with
large scale exhibits depicting the general solution components. Example improvement
concepts could include channel improvements to improve the channel level of service,
detention to prevent impacts downstream, and diverting flow. At a minimum, channel
improvements for Phase III of F216-00-00 will be analyzed.
2.Improvement Concept Evaluation: Five (5) improvement concepts will be simulated with the
appropriate analysis tool, either the unsteady HEC-RAS model or the 2D modeling. The
improvements will be refined based on the modeling analysis to improve effectiveness and
efficiency.
Avenue H/Sens Road Drainage Study &Page 6
a.Channel Improvements Phase I: The F216-00-00 Phase I channel improvements were
analyzed and completed based onpre-TSARP rainfall. These improvements will be
reviewed based on Atlas 14 rainfall andmay need to be improved.
b.Channel Improvements Phase II: The F216-00-00 Phase II channel improvements were
analyzed and completed based on pre-TSARP rainfall. These improvements will be
reviewed based on Atlas 14 rainfall and may need to be improved.
c.Channel ImprovementsPhase III: The team will develop a proposed channel
improvement section for the F216-00-00 ditch between Sens Roadand W. Main Street.
The hydraulic model will be updated to include this proposed section.
d.DiversionOptions:The team will explore options for diverting flow from F216-00-00 to other
channels.
e.Alternative:This task includes hours for oneother alternativeto beanalyzed.
3.Impact Identification: Impacts associated with increased runoff will be quantified. Approximate
mitigation volumes necessary to prevent the impact will be quantified using the hydrograph
difference method.
4.Mitigation Option Evaluation: Four (4) options for mitigationwill be identified and documented
with plan view exhibits. Two (2) options with no proposed detentionand two (2) stand-alone
detention sites will be evaluated, with planning level effort dedicated to the development of
conveyance and/or control structures. Volume and flow estimates for each optionwill be
developed based on standard HCFCD basin design criteria.
5.Drainage Impact Evaluation–The identified detention mitigation basins will be evaluated using
the proposed conditions models to assess their effectiveness. Limited control structure
optimization will be performed. A comprehensive no-adverse-impact solution will be identified.
6.Non-structural Alternatives: Non-structural improvement alternatives will be explored, evaluated,
and documented. These options could include buyouts or ROW for future regional detention.
7.Floodplain Delineation: The HEC-RAS model results will be used to delineate the proposed
preliminary 100-year floodplain for F216-00-00, F101-00-00 and A104-07-00. The acreage
reduction of inundation will be calculated and provided as a metric for project evaluation.
8.Problem Area Assessments:For each problem area, the following will be evaluated under
proposed conditions. The level of effort is based on the following evaluation for the single
preferred alternative for each area.
a.Proposed Structure Flooding Inventory: The HCFCD Structure Inventory Tool will be used
to determine the number of potential flooded structures for the 10% (10-year), 2% (50-
year), 1% (100-year), and 0.2% (500-year)exceedance probability storm eventsutilizing
the results from the proposed conditions 1D/2D Models. For each problem area, the total
probable annual structural flooding over a 50-year period will be calculated based on
the HCFCD Guidance Document for Problem Area Definition and Evaluation.
b.Non-Structural Flooding:The total linear feet of roadway inundated during the 10% (10-
year), 2% (50-year), 1% (100-year), and 0.2% (500-year)exceedance probability storm
events for the three roadway classifications identified by the HCFCD in the Guidance
Document for Problem Area Definition and Evaluationwill be identified both for total
flood depth and depth greater than 1-foot. Additionally, roadway closures that may
impact critical infrastructure will be identified.
c.Other Assessment Criteria: The Prioritization Framework for the Implementation of the
HCFCD 2018 Bond Projects will be used to assign scores for each of the eight categories
listed below.
i.Flood Risk Reduction
ii.Existing Conditions Drainage Level of Service (LOS)
iii.Social vulnerability index(SVI)
iv.Project Efficiency
v.Partnership Funding
vi.Long Term Maintenance Costs
Avenue H/Sens Road Drainage Study &Page 7
vii.Minimize Environmental Impacts
viii.Potential for Multiple Benefits
d.Potential for viable project
9.Benefit Definition: The structure inventory will be combined with HCFCD flooding data and be
utilized to quantify the benefits associated with the proposed improvementsand the
development of project prioritization. Flood damage estimates will not be calculated.
10.Proposed ROW: Proposed ROW acquisition necessary to implement the improvement and
mitigation options will be identified. ROW acquisition exhibits will be developed to communicate
the information to the county.
11.Environmental Constraints: It has been assumed that the identification of environmental
constraints has been previously performedby others. Analysis will not be redone unless
requested by HCFCD or review shows inaccuracies that need to be corrected. If necessary, a
change order will be requested.
12.Cost Estimates: Estimated construction cost of the proposed improvements will be developed
using HCFCD provided bid tabulations.
13.Schematic Drainage Plans: A 20% level of design layout will be prepared for the recommended
improvement options. The schematic based layouts will include the general improvement
layouts and will identify thecritical components such as potential utility conflicts as follows:
a.20% Plan and Profile plans: Using available survey data, Engineer willlayout a preliminary
alignment of the recommended improvement options.
b.Existing and Proposed Typical Sections: Development of typical sections that will
demonstrate constructability and describe concept.
14.Channel and WSEL Profiles: Existing and proposed profile plots of the channel depicting crossing
locations and WSEL for the studied event frequencies will be developed.
F.Study Report
1.Existing Conditions Summary Report:The existing conditions evaluation will be summarized and
documented in a summary report including accompanying exhibits and tables. This report will
be a component of the overall study report.
2.Draft Study Report: A comprehensive drainage study report will be prepared to provide a
recommended proposed project and phasing plan, as well as quantification of the hydrologic
and hydraulic analysis results with a detailed narrative and supporting tables, exhibits and
appendices. The study report will include the interim report deliverables including the erosion
report. The study report will also include information and comments received at the public
meetings. The draft drainage study report shallbe signed and sealed with an interim stamp by
a Licensed Professional Engineer in the state of Texas. Three (3) bounded original copies of the
study report shall be provided to HCFCD. The draft drainage study report shall also be provided
in electronic PDF format as required by HCFCD for review and approval.
3.Final Study Report: The draft drainage study report will be revised based on comments received
from HCFCD. The drainage study report shall be signed and sealed by a Licensed Professional
Engineer. Three (3) bounded original copies of the study report shall be provided to HCFCD. The
study report shall also be provided in electronic PDF format as required by HCFCD for review and
approval.
ADDITIONAL SERVICES
The following additional services represent those tasks that are not known to be necessary at this time
but may be determined as necessary through the course of the Basic Services.
Contingency –Limited investigation into utilities, surveying or ROW may be required as part of a
constructability review of the proposed alternatives in Basic Services. 5ewill make every effort to utilize
Avenue H/Sens Road Drainage Study &Page 8
EXHIBITA
AvenueH/SensRoadDrainageStudy&
LittleCedarBayou(F2160000)DrainageStudy
LevelofEffort
Doc. Name: 2020.11.05_0094_PR_01_LOE.xlsx
PEEITCost
Task Description
$185$125($)
BASIC SCOPE OF SERVICES
Project Management
Coordination & Meetings
Meetings(3)6122,610$
Field Visit441,240$
Collect & Review As-Builts/Reports
(including detention)24870$
Roadway Plans
F216 Phase II As-Builts24870$
Proposed F216 Plans24870$
Monthly Reporting
Monthly Status Updates (Including Subs)661,860$
Project Management Subtotal
22348,320$
g Conditions
Existin
Existing Conditions - Hydrology
Roadway Hydrology
Delineate Drainage Areas4162,740$
gic Parameters8406,480$
Develop Hydrolo
Develop Rational Peak Flows (2-, 5-, 10, & 100-Yr)281,370$
graphs (2-, 5-, 10-, & 100-Yr)4162,740$
Iterate SWMM Hydro
g Conditions - Hydraulics
Existin
Roadway Hydraulics
Develop 1D-2D SWMM model for Sens Road System246011,940$
Perform Simulations for 2-, 5-, 10-, and 100-Yr Runs2121,870$
g Depth Maps281,370$
Create Pondin
Quantify WSEs24870$
g Conditions Subtotal
Existin
4816429,380$
Page1of2
11/5/2020 9:53 AM
EXHIBITA
AvenueH/SensRoadDrainageStudy&
LittleCedarBayou(F2160000)DrainageStudy
LevelofEffort
Doc. Name: 2020.11.05_0094_PR_01_LOE.xlsx
PEEITCost
Task Description
$185$125($)
Proposed Conditions
Proposed Conditions - Hydraulics
Roadway Hydraulics
Alternate 1: Reconfigure Storm Sewer and Pond Connections166010,460$
Quantify Benefits of Alternate 1481,740$
Alternate 2: Additional Conveyance Along Sens Road166010,460$
Quantify Benefits of Alternate 2481,740$
Alternate 3: Expand Pond166010,460$
Quantify Benefits of Alternate 3481,740$
(3 Alternatives)481,740$
Quantify WSEs
Proposed Conditions Subtotal
6421238,340$
Cost Estimates, Deliverableas, & ODCs
Construction Cost Estimates
Alternate 1481,740$
Alternate 2481,740$
Alternate 3481,740$
Reports
Sens Road Alternate Summary
Technical Memo1283,220$
(Meeting Material)4162,740$
Exhibits
Models (HEC-HMS, HEC-RAS, SWMM)24870$
Impact Analysis (Preferred Alternative)
Report24166,440$
Tables8244,480$
Exhibits8244,480$
Models (HEC-HMS, HEC-RAS, SWMM)24870$
Other Direct Costs
Reproduction$120
Mileage$150
Cost Estimates, Deliverables, & ODCs Subtotal
7212028,590$
Additional Services
Additional Services
Contingency$20,000
Additional Services Subtotal
$20,000
SUBTOTAL FOR BASIC SERVICES 206530124,630$
Page2of2
11/5/2020 9:53 AM
EXHIBITB
AvenueH/SensRoadDrainageStudy&
LittleCedarBayou(F2160000)DrainageStudy
LevelofEffort
Doc. Name: 2020.11.05_0094_PR_01_LOE.xlsx
Project Project Hollaway
Senior PMManagerEngineerEIT(Sub)
Cost
Task Description
$255$210$185$125($)($)
BASIC SCOPE OF SERVICES
A. Project Management and Coordination
ject Management241,350$
1. Pro
2. Quality Control (QA/QC)2161687,830$
gs
3. Meetin
a. Coordination Meetings with HCFCD 21212167,250$
(Prep & Attend 2 workshops)488166,180$
b. HCFCD Technical Workshops
c. Stakeholders Meetings(Prep & Attend 5 meetings)51010207,725$
gagement (Proposal provided by Hollaway)
4. Community En
a. Community Meeting Notices$ 4,335-$
g Logistics and Implementation331,395$ 7,015$
b. Community Meetin
c. Public Comment and Community Meeting Documentation-$ 2,735$
gagement Completion Activities$ 3,540-$
d. Community En
c. Expenses (Estimated)$ 2,050-$
gement24221,970$
5. Subconsultant Mana
A. Project Management and Coordination Subtotal
2057486233,700$ 19,675$
B. Data Collection
ject Initiation
1. Pro
a. Collect available data24483,090$
2. Research and Review Available Data
a. Create inventory of data collected81685,640$
3. Field Reconnaissance
a. Site Visit2882,900$
b. Site Visit Documents441,240$
4. Evaluate 2018 LiDAR48164,320$
5. Initial Base Map Information Production48245,320$
6. Survey (can be added by request)-----$
B. Data Collection Subtotal
222486822,510$
(can be added by request)
C. Erosion Control
-----
g Conditions
D. Existin
1. Open Channel HMS/RAS Modeling
a. Review & Update HEC-HMS Model 2416409,310$
b. Review/Document Conversion to Unsteady248164,830$
c. Review and Update HEC-RAS Model2416409,310$
d. Model Validation2416409,310$
e. Preliminary Floodplain28163,900$
f. Channel LOS2441,660$
g. Initial Problem Areas Identification2441,660$
2. Future Development
a. Hydrology(Update Storm Sewer BDF)216408,380$
b. HEC-RAS Analysis Update216408,380$
c. Channel LOS2482,160$
3. 2D Analysis
a. Develop 2D Simulations28163,900$
b. Create Ponding Depth Maps (10-, 50-, 100-, & 500-yr)28244,900$
(can be added by request)-----$
4. Problem Area Identification
5. Problem Area Assessment Criteria (can be added by request)-----$
g Conditions Subtotal
D. Existin
83212428867,700$
E. Proposed Conditions
1. Improvement Option Definition2241,290$
2. Improvement Concept Evaluation
a. Channel Improvements Phase I2416409,310$
b. Channel Improvements Phase II2416409,310$
c. Channel Improvements Phase III2416409,310$
d. Diversion Options24166011,810$
e. Alternative (Analyze 1 Alt)24166011,810$
3. Impact Identification24843,330$
4. Mitigation Option Evaluation (4 Options)481686,660$
ge Impact Evaluation2416409,310$
5. Draina
6. Non-structural Alternatives241685,310$
7. Floodplain Delineation28244,900$
Page1of2
11/5/2020 9:53 AM
EXHIBITB
AvenueH/SensRoadDrainageStudy&
LittleCedarBayou(F2160000)DrainageStudy
LevelofEffort
Doc. Name: 2020.11.05_0094_PR_01_LOE.xlsx
Project Project Hollaway
Senior PMManagerEngineerEIT(Sub)
Cost
Task Description
$255$210$185$125($)($)
8. Problem Area Assessments
a. Proposed Structure Flooding Inventory28244,900$
g28244,900$
b. Non-Structual Floodin
c. Other Assessment Criteria2281,790$
ject2281,790$
d. Potential for viable pro
9. Benefit Definition2241,290$
(Acquisition Exhibits)22482,670$
10. Proposed ROW
11. Environmental Constraints-----$
12. Cost Estimates228164,410$
13. Schematic Drainage Plans
a. 20% Plan and Profile Plans228407,410$
b. Existing and Proposed Typical Sections228407,410$
14. Channel and WSEL Profiles228164,410$
E. Proposed Conditions Subtotal
3064204516123,330$
F. Study Reports
1. Existing Conditions Summary Report
a. Text241685,310$
b. Tables2281,790$
c. Exhibits2281,790$
d. Appendices2281,790$
2. Draft Study Report
(including Phasing Plan)4824128,640$
a. Text
b. Tables2281,790$
c. Exhibits2281,790$
d. Appendices2281,790$
3. Final Study Report
a. Address comments from HCFCD241685,310$
(HEC-HMS, HEC-RAS, SWMM)2241,290$
b. Compile Models
4. Other Direct Costs
a. Reproduction$ 650
ge$ 270
b. Milea
F. Study Reports Subtotal
830708032,210$
G. Contingency
Additional Services
a. Contingency$ 30,000
G. Contingency
$ 30,000
SUBTOTAL FOR BASIC SERVICES 682054941014309,450$ 19,675$
Total:$ 329,125
Page2of2
11/5/2020 9:53 AM
Certificate Of Completion
Envelope Id: 548402871E004886BA38FEAAC0422FD1Status: Sent
Subject: Please DocuSign: AGREEMENT pln la porte F216-E001 2021-106.pdf
Source Envelope:
Document Pages: 5Signatures: 1Envelope Originator:
Certificate Pages: 5Initials: 0Keena Tarrant
AutoNav: Enabled9900 Northwest Freeway
EnvelopeId Stamping: EnabledHouston, TX 77092
Time Zone: (UTC-08:00) Pacific Time (US & Canada)keena.tarrant@hcfcd.hctx.net
IP Address: 74.124.47.10
Record Tracking
Status: OriginalHolder: Keena TarrantLocation: DocuSign
11/16/2021 9:28:24 AM keena.tarrant@hcfcd.hctx.net
Security Appliance Status: ConnectedPool: StateLocal
Storage Appliance Status: ConnectedPool: Harris County Flood Control DistrictLocation: DocuSign
Signer EventsSignatureTimestamp
Laura Fiorentino CahillSent: 11/16/2021 10:05:33 AM
laura.cahill@hcfcd.orgViewed: 11/16/2021 10:48:38 AM
Security Level: Email, Account Authentication Signed: 11/16/2021 10:49:52 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.124.47.10
Electronic Record and Signature Disclosure:
Accepted: 8/27/2019 3:03:30 PM
ID: 95d8aac6-45f9-4460-bb8f-ca0e5b84009c
Corby D. AlexanderSent: 11/16/2021 10:49:55 AM
wingatel@laportetx.govViewed: 11/16/2021 11:17:03 AM
Asst. Public Works Director
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/16/2021 11:17:03 AM
ID: 02bdb161-7d70-4a63-97b6-c662d44ebb9f
Lee Woodward
wingatel@laportetx.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 11/16/2021 11:17:03 AM
ID: 02bdb161-7d70-4a63-97b6-c662d44ebb9f
In Person Signer EventsSignatureTimestamp
Editor Delivery EventsStatusTimestamp
Agent Delivery EventsStatusTimestamp
Intermediary Delivery EventsStatusTimestamp
Certified Delivery EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Carbon Copy EventsStatusTimestamp
Sandra FloresSent: 11/16/2021 10:49:53 AM
sandra.flores@hcfcd.hctx.net
Harris County Flood Control District
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness EventsSignatureTimestamp
Notary EventsSignatureTimestamp
Envelope Summary EventsStatusTimestamps
Envelope SentHashed/Encrypted11/16/2021 10:05:33 AM
Payment EventsStatusTimestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft obo Harris County Flood Control District (we, us or Company)
may be required by law to provide to you certain written notices or disclosures. Described below
are the terms and conditions for providing to you such notices and disclosures electronically
through the DocuSign system. Please read the information below carefully and thoroughly, and if
you can access this information electronically to your satisfaction and agree to this Electronic
Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the
check-
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Carahsoft obo Harris County Flood Control District:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: lillie.lindner@hcfcd.hctx.org
To advise Carahsoft obo Harris County Flood Control District of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at lillie.lindner@hcfcd.org and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Carahsoft obo Harris County Flood Control District
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to lillie.lindner@hcfcd.hctx.net and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Carahsoft obo Harris County Flood Control District
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to lillie.lindner@hcfcd.hctx.org and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-
By selecting the check-
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Carahsoft obo Harris County Flood Control District as
described above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Carahsoft obo Harris County Flood Control
District during the course of your relationship with Carahsoft obo Harris County Flood
Control District.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13,2021
Requested By:Ray Mayo, Director
Escrow Account
Source of Funds:& General Fund
Department:Public Works
Account Number:001-7078-535-4011
ReportResolutionOrdinance
Amount Budgeted:$110,000.00
Amount Requested:$201,430.00
Exhibits:Bid Tabulation22003, Notification and
Access Report, Bid fromMB Western,
Budgeted Item:YesNo
Request Letter toHarris County,
Harris County Approval
SUMMARY& RECOMMENDATION
City of La Porte Bid #22003 Sylvan Beach Pier and Seabreeze Pier repairs, was
st
opened on November 16, 2021. The bid was advertised on October 21and October
th
28in the Bay Area Observer, the City website and Public Purchase. A total of 31
contractorsdownloadedthe bid documentsand three (3) bids were received. The low
bid was submitted by MB Western Industrial ContractingCo., in the amount of
$171,430.00.Referencesfor the low bidder were verifiedby staff and found to be
favorable.
Both Sylvan Beach Pierand Seabreeze Pier were damaged during Hurricane Nicholas,
on September 13, 2021, after the FY2021-22 budget had been approved. Routine
repairs were budgeted for Sylvan Beach Pier in the amount of $110,000.00. The
balance remaining from the remaining from the original budget amount will be used for
electrical repairs to Sylvan Beach pier after the reconstruction is completed. Thescope
of the electrical repairswill be assessed after the pier is re-constructed.A budget
amendment will need to be approved for the repairs to Seabreeze Pier.
Sylvan (budgeted) $110,000Seabreeze (amended budget)$100,155
Bid Amount $86,275Bid Amount $85,155
Contingency $15,000Contingency $15,000
Remaining for electrical repairs;
$8,725 and unspent contingency
In 1994, there was an escrow fund established by agreement with Harris County for
futureSylvan Beach Pier maintenance and repairs. The fund is comprised of two-thirds
(2/3)of the fees collected for pier entry tickets.Repairs in excess of $5,000.00 annually
require written approval from Harris County.
Staff recommends approval of a budget amendment for Seabreeze Pier repairs
($100,155.00) and to award Bid #22003 to MB Western Industrial Contracting Co. in
the amount of $171,430.00 along with a contingency amount of $30,000.00, for a total
authorization of $201,430.00.
Benefits:
Both piers are widely recognized as amenities in La Porte
Both piers are heavily used by visitors and residents
Liabilities:
Delays in repair may lead to increased repair costs
Delays in repair may affect the number of visitors to La Porte
ACTION REQUIRED BY CITY COUNCIL
Award of Bid #22003 Sylvan Beach and Seabreeze Pier Repairs, to MB Western
Industrial Contracting Co. and authorize the City Manager to enter into a
construction contract in the amount of $171,430.00, with a contingency in the
amount of $30,000.00, for a total authorization of $201,430.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Bid Tabulation to Sealed Bid #2003-Sylvan and Seabreeze Pier Repairs 2021
MB Western Industrial Crawley Shoreline Aztec Remodeling &
Contracting Co. Construction Inc. Landscaping Co.
Description
Item
1Materials to complete replacement work at Sylvan Pier, per specifications$26,275.00$34,000.00$58,950.00
2Labor to complete replacement work at Sylvan Pier, per specifications$60,000.00$72,400.00$65,000.00
3Materials to complete replacement work at Seabreeze Pier, per specifications$35,555.00$32,000.00$53,000.00
4Labor to complete replacement work at Seabreeze Pier, per specificiations$49,600.00$67,000.00$67,600.00
Total Price$171,430.00$205,400.00$244,550.00
Access Report
AgencyCity of La Porte (TX)
Bid Number22003
Bid TitleSylvan and Seabreeze Pier Repair 2021
Vendor NameAccessed First Time
General Contractor Services, Inc.2021-10-28 08:19 AM CDT
Crawley Shoreline Construction, Inc.2021-10-21 09:17 AM CDT
CMS2021-10-21 12:40 AM CDT
Shoreline Foundation, Inc.2021-10-20 02:22 PM CDT
ConstructConnect2021-10-21 04:56 AM CDT
Construction Journal2021-10-21 02:51 AM CDT
SpawGlass Civil Construction, Inc.2021-10-25 02:02 PM CDT
North America Procurement Council2021-10-20 09:37 AM CDT
Wayne Enterprises2021-10-20 01:12 PM CDT
Ballard Marine Construction2021-10-21 12:16 PM CDT
Dodge Data & Analytics2021-10-22 05:16 AM CDT
CMD2021-10-22 10:33 AM CDT
IMS2021-10-21 03:41 AM CDT
Colliers Engineering & Design2021-10-25 11:05 AM CDT
Coastal Pier And Dock LLC2021-10-27 02:22 PM CDT
BidClerk2021-10-27 12:16 AM CDT
Onvia2021-10-20 01:02 PM CDT
aztec remodeling &landscaping company2021-10-20 09:21 AM CDT
Construction Software Technologies2021-10-26 12:39 AM CDT
RFx Analyst2021-10-21 08:10 AM CDT
Dodge Data & Analytics2021-10-20 06:30 PM CDT
SmartProcure2021-10-21 05:39 AM CDT
Hearn Company2021-11-04 02:45 PM CDT
Tukmol General Contractor2021-10-26 12:59 AM CDT
Perkens WS Corporation2021-10-20 11:06 PM CDT
Heneco2021-10-25 08:48 AM CDT
ConstructConnect2021-10-22 10:35 AM CDT
HENECO ENGINEERING AND CONSULTING2021-11-15 07:33 PM CST
Swantner & Gordon Insurance Agency2021-11-08 09:54 PM CST
MB Western Industrial Contracting Co.2021-10-22 03:45 PM CDT
Epoxy Design Systems, INC.2021-10-25 08:34 AM CDT
Sylvan and Seabreeze Pier Repair 2021
Documents
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Bid 22003 Sylvan and Seabreeze Pier Repairs 2021.pdf
Commissioner Adrian Garcia
IğƩƩźƭ /ƚǒƓƷǤ tƩĻĭźƓĭƷ Ǟƚ
ЊЉЉЊ tƩĻƭƷƚƓͲ {ǒźƷĻ ВЋЍIƚǒƭƷƚƓͲ ААЉЉЋĻƌʹ АЊЌ͵АЎЎ͵ЏЋЋЉCğǣʹ АЊЌ͵АЎЎ͵ББЊЉ
October 1, 2021
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
RE:Damages to Sylvan Beach fishing Pier
Dear, Mr. Alexander
In response to your letter regardingdamage done by Hurricane Nicholas, Iunequivocally
approveofthe re-construction of the City of La Porte Sylvan Beach Fishing Pier. Please note
that any design changes or additional improvements to the pier that extend beyond repair that
were not originally agreed upon through the Lease Agreement will need to be submitted to the
County Engineer for approval and approved by written consent from the County.I am proud to
call myself and my office partners with the City of La Porte andlook forward to seeing the pier
rebuilt.
If you have any additional questionsplease feel free to contact my Director of Government
Affairs, Tanya Makany-Rivera at tanya.makany-rivera@pct2.hctx.netor 832-546-4219.
Sincerely,
Adrian Garcia
Harris County Commissioner, Precinct 2
Bay Area Annex#1016603 Buccaneer Lane,Suite Houston, TX 77062Tel: 281.488.4678Fax: 281.286.7450
Clint F. Greenwood Annex #8701 W. Baker Road,Suite 104Baytown, TX 77521Tel: 713.274.2250Fax: 281.428.2692
Jim Fonteno Annex#2614350 Wallisville RoadHouston, TX 77049Tel: 713.455.8104Fax: 713.455.4602
John PhelpsAnnex#4101 S. Richey, Suite FPasadena, TX 77506Tel: 713.274.2150Fax: 713.274.2167
Kyle Chapman Annex #25 7330 Spencer Hwy.
Raul C. Martinez Annex#9Macario Garcia Dr.,Suite 102Houston, TX 77011Tel: 713.924.3975Fax: 713.924.3971
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Ray Mayo, Director Source of Funds:015-General Fund
Department:Public Works
Account Number:015-5059-522-1100
Amount Budgeted:$600,440
ReportResolutionOrdinance
Amount Requested:$1,061,501.00
Exhibits:Bid Tabulation, Notification and Access
Budgeted Item:YesNo
Report, Letter of Recommendation, Bid from
Tucon, LLC.
SUMMARY& RECOMMENDATION
The previous City of La Portebid #21014 for the EMS Headquarters Dorm Addition was
opened on July 7, 2021. The bidswere rejected by City Council on July 26, 2021. There
were apparent irregularities amongst the various bids including, but not limited to: lump
sum bids submitted in place of unit price; units of measure changed from square foot
(SF) to lump sum (LS) and incorrect quantity assumptions by the bidders. Additionally,
all bids exceeded the project budget.Staff directed the architect to clarify the bid
documents to better communicate the intended scope of work and eliminate the
opportunity for bid irregularities.
City of La Porte Re-Bid #21026 EMS Headquarters Dorm Addition, was advertised
on September 9th and September 16, 2021 in the Bay Area Observer, City website and
Public Purchase. At total of 69 vendors were notified and 30 vendors downloaded the
bid package. Staff received seven (7) bids from contractors on October 21, 2021.
The low bid was submitted by Tucon,LLC, in the amount of $965,001.00. All bids
received exceededthe project budget. Construction costs were estimated to be
$610,000.00by the design firm, Huitt-Zollars (April 2020). Inan effort to follow through
with the project, there is an available balance of $500,000.00remaining in a completed
project. Staff is requesting CityCouncil to approve re-appropriation of funds from the
Fairmont Signalization project (PW0017) to EMS DormAddition (EMS001).
Staff recommends City Council awardBid #21026for the EMS Headquarters Dorm
Addition Project to Tucon, LLCin the amount of $965,001.00.
Benefits:
Project can move forwardto provide proposed improvements.
Liabilities:
Further delays may lead to increased material costs.
ACTION REQUIRED BY CITY COUNCIL
Re-appropriate available funds of $500,000.00 to the EMS Dorm Addition and
Award Bid #21026 to Tucon, LLC and authorize the City Manager to enter into a
construction contract in the amount of $965,001.00, plus a project contingency
of $96,500.00 for a total authorization of $1,061,501.00.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
BID TABULATION-BID #21026 EMS HEADQUARTERS DORM ADDITION
Construction Masters Dunhill Development General Contract
Nash Industries, IncTucon, LLC
of Houston, Incand Construction, LLCServices, Inc
Opening Date: October 21, 2:00 PM
Item Measure
No.DescriptionUnit
$81,000.00$85,000.00$90,425.00$18,981.15$30,000.00
LS
1 Site Preparation
$2,700.00$25,000.00$4,375.00$13,090.45$4,000.00
2 Traffic Control LS
$15,600.00$15,000.00$13,558.75$11,975.34$10,000.00
LS
3 Selective Demolition
$3,900.00$48,345.00$7,992.50$8,484.55$3,000.00
LS
4 Storm Water Pollution Prevention
$1,800.00$7,000.00$2,500.00$500.00$1.00
5 Trench Safety LS
$582,800.00$1,146,655.00$791,979.06$824,575.93$714,000.00
LS
6 Building Addition
$291,700.00$370,000.00$225,963.75$102,391.57$204,000.00
7 Site Work LS
$1,697,000.00$1,136,794.06$979,999.0$965,001.0
$979,500.00
Total Base Bid
Portfolio Builders
Perry Construction
Not Responsive; Not Responsive;
wrong bid forms wrong bid forms
submittedsubmitted
0
Notifications & Access Report to Sealed Bid #21026 - EMS Dorm
Notifications:
Vendor NameReason
3J Ryan, Inc.Bid Notification
Advanced Facility MaintenanceBid Notification
AHRG, CorporationBid Notification
All Pro General Construction, Inc.Bid Notification
aztec remodeling &landscaping companyBid Notification
Baukus ElectricBid Notification
BidClerkBid Notification
CDC NewsBid Notification
Civil ConceptsBid Notification
Comex CorporationBid Notification
ConstructConnectBid Notification
Construction JournalBid Notification
Construction Masters of Houston, IncBid Notification
Construction Software TechnologiesBid Notification
D DavilaBid Notification
Debmar Construction, Inc.Bid Notification
DM Construction LLCBid Notification
Dodge Data & AnalyticsBid Notification
Dort & O'Connor ContractorsBid Notification
DT Construction, LPBid Notification
Dunhill DevelopmentBid Notification
Durba ConstructionBid Notification
El Dorado Services Inc.Bid Notification
Facility Solutions GroupBid Notification
Fielder's Choice IncBid Notification
Frost Construction Company, Inc.Bid Notification
General Contractor Services, Inc.Bid Notification
HDR Engineering, Inc.Bid Notification
Hearn CompanyBid Notification
HSCBid Notification
ILCOR BuildersBid Notification
JDC ServicesBid Notification
JEBCO inc.Bid Notification
Jegon Industrial LLCBid Notification
Kessler PaintingBid Notification
L & M Contractors. Inc.Bid Notification
LEMCOBid Notification
Locus ConstructionBid Notification
Maguire Iron, Inc.Bid Notification
McDonald ElectricBid Notification
MHB Construction, Inc.Bid Notification
Nash Industries IncBid Notification
North America Procurement CouncilBid Notification
OnviaBid Notification
Patak Construction, Inc.Bid Notification
Perkens WS CorporationBid Notification
Perry Building & DesignBid Notification
Perry ConstructionBid Notification
PLW Waterworks, LLCBid Notification
Portfolio Builders IncBid Notification
Power Vac America, Inc.Bid Notification
R.H. Shackelford, Inc.Bid Notification
Ramtech Building Systems, Inc.Bid Notification
Reed Construction DataBid Notification
RFx AnalystBid Notification
road runner restorationBid Notification
School Wholesale Supplies LLCBid Notification
SmartProcureBid Notification
South Ranger Construction Inc.Bid Notification
SparkleBlastBid Notification
TROJAN WORLDWIDE INC,Bid Notification
TUCON, LLCBid Notification
ACCESS:
Vendor NameDocuments
aztec remodeling &landscaping companyBid 21026 EMS Headquarters Dorm Addition.pdf
BidClerkBid 21026 EMS Headquarters Dorm Addition.pdf
CMD
CMS
Comex CorporationBid 21026 EMS Headquarters Dorm Addition.pdf
ConstructConnectBid 21026 EMS Headquarters Dorm Addition.pdf
ConstructConnectBid 21026 EMS Headquarters Dorm Addition.pdf
ConstructConnect
Construction JournalBid 21026 EMS Headquarters Dorm Addition.pdf
Construction Masters of Houston, IncBid 21026 EMS Headquarters Dorm Addition.pdf
Construction Software TechnologiesBid 21026 EMS Headquarters Dorm Addition.pdf
Dodge Data & AnalyticsBid 21026 EMS Headquarters Dorm Addition.pdf
Dodge Data & AnalyticsBid 21026 EMS Headquarters Dorm Addition.pdf
Dunhill DevelopmentBid 21026 EMS Headqurters Dorm Addition.pdf
Durba ConstructionBid 21026 EMS Headquarters Dorm Addition.pdf
El Dorado Services Inc.Bid 21026 EMS Headquarters Dorm Addition.pdf
Freedom Fire LLC
Frost Construction Company, Inc.BID 21026 EMS Headquarters Dorm Addition.pdf
BID 21026 EMS Headquarters Dorm Addition.pdf
General Contractor Services, Inc.
Hearn CompanyBid 21026 EMS Headquarters Dorm Addition.pdf
HSCBid 21026 EMS Headquarters Dorm Addition.pdf
ILCOR BuildersBid 21026 EMS Headquarters Dorm Addition.pdf
IMS
iSqFt
Micro-X1 OPS LLC.BID 21026 EMS Headquarters Dorm Addition.pdf
BID 21026 EMS Headquarters Dorm Addition.pdf
Nash Industries Inc
North America Procurement CouncilBid 21026 EMS Headquarters Dorm Addition.pdf
OnviaBid 21026 EMS Headquarters Dorm Addition.pdf
pasdena Rebuilders
Perkens WS CorporationBid 21026 EMS Headqurters Dorm Addition.pdf
BID 21026 EMS Headquarters Dorm Addition.pdf
Perry Building & Design
BID 21026 EMS Headquarters Dorm Addition.pdf
Perry Construction
Portfolio Builders IncBid 21026 EMS Headquarters Dorm Addition.pdf
RFx AnalystBid 21026 EMS Headquarters Dorm Addition.pdf
School Wholesale Supplies LLCBID 21026 EMS Headquarters Dorm Addition.pdf
SmartProcureBid 21026 EMS Headquarters Dorm Addition.pdf
The Blue Book Building & Construction Network
TUCON, LLCBid 21026 EMS Headquarters Dorm Addition.pdf
Tukmol General Contractor
Wayne Enterprises
,2021
Mr. RayMayo, P.E.
City ofLa Porte
Public WorksDirector
rd
2963 N. 23Street
La Porte, Texas77571
Reference:RecommendationtoAwardfortheCity ofLaPorte EMS Headquarters Dorm
Addition
DearMr. Mayo:
Huitt-Zollars,Inc.hasreviewedbidsreceivedbytheCityofLaPorteonOctober21,2021
inresponsetoRequestforSealedBid#21026.TherewerefivebidsthatwereanalyzedA
summaryof the bids ordered from lowest to highest price is as follows:
CompanyTotal
Tucon, LLC$965,001.00
Construction Masters of Houston, Inc.$979,500.00
Nash Industries, Inc.$979,9.99
General Contract Services, Inc.$1,136,794.06
Dunhill Development and Construction, LLC$1,697,000.00
The apparent low bidder, Tucon, LLCis approximately 1.5% lower than the second and third
lowest bid. Huitt-Zollars, Inc. reviewed the individual base bid items that Tuconsubmittedand we
found them to be fair and reasonable
.
Inconclusion,Huitt-ZollarsrecommendsthatTucon,LLCbeawardedasthe
contractor. AnexpandedPDFofthespreadsheettabulatingtheindividualbiditemsfor
eachbidis attached for your reference.
Sincerely,
B.Frank Andrews,P.E.
Associate
BID TABULATION-BID #21026 EMS HEADQUARTERS DORM ADDITION
Construction Masters of Dunhill Development and General Contract Nash Industries, IncTucon, LLC
Houston, IncConstruction, LLCServices, Inc
Opening Date: October 21, 2:00 PM
ItemMeasure
Description
No.Unit
1LS$81,000.00$85,000.00$90,425.00$18,981.15$30,000.00
Site Preparation
2LS$2,700.00$25,000.00$4,375.00$13,090.45$4,000.00
Traffic Control
3LS$15,600.00$15,000.00$13,558.75$11,975.34$10,000.00
Selective Demolition
4LS$3,900.00$48,345.00$7,992.50$8,484.55$3,000.00
Storm Water Pollution Prevention
5LS$1,800.00$7,000.00$2,500.00$500.00$1.00
Trench Safety
6$582,800.00$1,146,655.00$791,979.06$824,575.93$714,000.00
Building Addition
LS
7LS$291,700.00$370,000.00$225,963.75$102,391.57$204,000.00
Site Work
$1,697,000.00$1,136,794.06$979,998.99$965,001.00
Total Base Bid
TUCON INTRODUCTION
OurPhilosophy:
GeneralContractor
UnbehagenConstruction'scorevalues
&
illustrateourbusinessphilosophy:
Integrity
ConstructionManager
Qualityproductsandservices
Loyaltytocustomersandemployees
4Generations
Ourstory:
of
Since1947thenameUnbehagenhasbeen
synonymouswithprovidingquality
constructionwiththeutmost
Integrity
integrity.UnbehagenConstructionsbusiness
ethicsanddesiretoensuresuccessful
&
outcomesforallpartiesdefinesourbusiness
philosophy.Thesecorevalueshaveproven
invaluableintoday'scomplexand
Quality
competitiveconstructionenvironment.
ContactUs
Office:
6511StewartRd,Ste6-A
Galveston,Texas77551
Mail:
2925GulfFwySouth,B-194
LeagueCity,Texas77573
Phone:
409-632-7922
Email:
mike@tuconllc.com
Mail: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573 409-632-7922
Office: Galveston, Texas 77551 www.tuconllc.com
Mike Unbehagen CEO, Project Manager
Mike Unbehagen has successfully delivered varied types of projects including city
and county municipalities, federal and state governments, higher educational, K-
12 educational, religious, medical, hospitality, industrial and high-end residential.
With over 44 years in the construction industry, Mike has extensive experience
ranging from initial programming, design and budgeting, estimating and
construction management. His knowledge of the construction industry and
ethics and desire to ensure successful outcomes for all parties that define
business philosophy and have proven invalua
construction environment.
Project Role:
Mike will be responsible for managing project communications, overseeing pre-
construction and construction, identifying avenues to expedite the project
schedule, constructability review, review subcontractor proposals, coordinating
Request for Information, reviewing Pay Applications and change request pricing.
OFFICE: 6511 Stewart Rd., Suite 6A Galveston, Texas 77551 409-632-7922 www.tuconllc.com
MAIL: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573
Chase Unbehagen - Project Superintendent
/ŷğƭĻ
ƓĬĻŷğŭĻƓ
ƩğƓŭźƓŭ ŅƩƚƒ ŅźĻƌķ ǞƚƩƉͲ ƭǒƦĻƩǝźƭźƚƓͲ ĻƭƷźƒğƷźƓŭ ğƓķ ƦƩƚƆĻĭƷ ƒğƓğŭĻƒĻƓƷ͵
tƩƚƆĻĭƷƭ ŷğǝĻ źƓĭƌǒķĻķ ĭźƷǤ ğƓķ ĭƚǒƓƷǤ ƒǒƓźĭźƦğƌźƷźĻƭͲ ƭƷğƷĻ ŭƚǝĻƩƓƒĻƓƷƭͲ ŷźŭŷĻƩ
ĻķǒĭğƷźƚƓğƌͲ YΏЊЋ ĻķǒĭğƷźƚƓğƌͲ ƩĻƌźŭźƚǒƭͲ ƒĻķźĭğƌͲ źƓķǒƭƷƩźğƌͲ ŷƚƭƦźƷğƌźƷǤ ğƓķ ŷźŭŷΏ
ĻƓķ ƩĻƭźķĻƓƷźğƌ͵
/ŷğƭĻ ĬƩźƓŭƭ ŷźƭ ƦğƭƭźƚƓ ƚŅ ƷŷĻ źƓķǒƭƷƩǤ Ʒƚ
/hbͲ \[\[/ ğƓķ źƭ ƷŷĻ ƌğƷĻƭƷ
ŭĻƓĻƩğƷźƚƓ ƚŅ
ƓĬĻŷğŭĻƓƭ Ʒƚ ĻƓƷĻƩ ƷŷĻ ƦƩƚŅĻƭƭźƚƓ͵ IĻ ƷğƉĻƭ ŭƩĻğƷ ƦƩźķĻ źƓ ŷźƭ
ŅğƒźƌǤ ƌĻŭğĭǤ ƚŅ ƨǒğƌźƷǤ ĭƚƓƭƷƩǒĭƷźƚƓ ğƓķ ĬƩźƓŭƭ ƷŷĻźƩ ƭğƒĻ ǝğƌǒĻƭ ƚŅ ŷğƩķ ǞƚƩƉ
ğƓķ ƷƚƦΏ ƓƚƷĭŷ ĭǒƭƷƚƒĻƩ ƭĻƩǝźĭĻ Ʒƚ ŷźƭ ƦƩƚƆĻĭƷƭ͵
Project Role:
/ŷğƭĻ Ǟźƌƌ ĬĻ ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ƚǝĻƩƭĻĻźƓŭ ğƌƌ ŅźĻƌķ ƚƦĻƩğƷźƚƓƭͲ ğƭƭǒƩźƓŭ ƭğŅĻƷǤ ğƓķ
ƨǒğƌźƷǤ ĭƚƒƦƌźğƓĭĻͲ ğķŷĻƩźƓŭ Ʒƚ ƷŷĻ ƦƩƚƆĻĭƷ ƭĭŷĻķǒƌĻͲ ĭƚƚƩķźƓğƷźƓŭ ğƌƌ
/hb
ƦĻƩƭƚƓƓĻƌ ğƓķ ƭǒĬĭƚƓƷƩğĭƷƚƩ ğĭƷźǝźƷźĻƭͲ ĭƚƚƩķźƓğƷźƓŭ ğƓķ ŅğĭźƌźƷğƷźƓŭ ğƌƌ ǞĻĻƉƌǤ
ƦƩƚƆĻĭƷ ĭƚƚƩķźƓğƷźƚƓ ƒĻĻƷźƓŭƭͲ ƒğźƓƷğźƓźƓŭ ğƭΏĬǒźƌƷ ķƚĭǒƒĻƓƷƭͲ ƒğƓğŭźƓŭ ƷŷĻ
ǞğƩƩğƓƷǤ ƦƩƚŭƩğƒͲ ğƓķ ĭƚƓƭƷƩǒĭƷğĬźƌźƷǤ ƩĻǝźĻǞ͵
OFFICE: 6511 Stewart Rd., Suite 6A Galveston, Texas 77551 409-632-7922 www.tuconllc.com
MAIL: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573
Gabrielle Vera Project Assistant
Gabrielle has participated in the delivery of multiple types of projects. She is
dedicated to the timely and accurate processing of project documents. Gabrielle
is a valuable attribute to our project team with her efficiency and strong
communication skills.
Project Role:
Gabrielle will assist with coordinating material deliveries, submittals, Request
for Proposals, Request for Information, Pay Applications and general
correspondence.
OFFICE: 6511 Stewart Rd., Suite 6A Galveston, Texas 77551 409-632-7922 www.tuconllc.com
MAIL: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573
9ƓĻƩŭǤ ƚǞĻƩ L
HIGGINBOTHAM
ЊЊАЉЉ YğƷǤ CǞǤͲ{ƷĻ ЊЊЉЉ
DƌƚĬğƌ wĻğĭŷ͵ \[ƚĭğƌ ƚǒĭŷ͵{źƓŭƌĻ {ƚǒƩĭĻ͵
IƚǒƭƷƚƓͲ ААЉАВ
Ļƌʹ ΛАЊЌΜ ВЎЋΏВВВЉ
Cğǣʹ ΛАЊЌΜ ВЎЋΏВВЌВ
ǞǞǞ͵ŷźŭŭźƓĬƚƷŷğƒ͵ƓĻƷ
REFERENCES Bank, Insurance, Surety Bonds & Financial
BANK
Texas First Bank
Mr. Frank Komasincki, Vice President
6501 Stewart Rd.
PO Box 3399
Galveston, TX 77552
Ph: 409-744-6353
Email: frank.komasincki@texasfirst.bank
INSURANCE
Higginbotham
Mr. Henry Childers, Vice President
11700 Katy Frwy, Ste. 1100
Houston, TX 77079
Ph: 281-531-2022
Email: hchilders@higginbotham.net
SURETY BONDS
Higginbotham
Ms. Denise Raker, Account Executive
11700 Katy Frwy, Ste. 1100
Houston, TX 77079
Ph: 281-439-5223
Email: draker@higginbotham.net
CERTIFIED PUBLIC ACCOUNTANT
Wrinkle, Gardner, & Company, P.C.
Mr. Jordan Faust, CPA
3231 FM 528
Friendswood, TX 77546
Ph: 281-338-1120 Ext. 106
Email: jfaust@wrinklegardner.com
OFFICE: 6511 Stewart Rd., Suite 6A Galveston, Texas 77551 409-632-7922 www.tuconllc.com
MAIL: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573
Page 1 of 1
REFERENCES Architect / Engineer
ARCHITECT/ENGINEER
Manny Torres, AIA, Associate Principle Blair Hamilton, AIA
PBK Architects David Ramirez, Project Manager
11 Greenway Plaza, 22nd Floor
IBI Group
Houston, TX 77046
P. O. Box 891209
Phone: 713-965-0608
Houston, TX 77289
Email: manuel.torres@pbk.com Phone: 281-286-6605
Email: blair.hamilton@ibigroup.com
Email: david.ramirez@ibigroup.com
Chad Joiner, Partner
Joe Hoover, AIA, Owner
Joiner Architects
Joseph Hoover AIA & Associates
th
700 Rockmead,
7805 5 Ave North
Suite 265
Texas City, TX. 77590
Kingwood, TX 77339
Phone: 409-945-3371
Phone: 281-359-6401
Email: hooveraia@sbcglobal.net
Email: chadj@joinersrchitects.com
Frank Andrews
Huitt-Zollars, Inc
10350 Richmond Avenue Ste 300
Houston, TX 77042
832-622-5101
fandrews@Huitt-Zollars.com
OFFICE: 6511 Stewart Rd., Suite 6A Galveston, Texas 77551 409-632-7922 www.tuconllc.com
MAIL: 2925 Gulf Freeway South, Suite B-194 League City, Texas 77573
Page 1 of 1
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Ray Mayo, Director Source of Funds:002 Utility Fund
Department:Public Works
002-7084-533-2007
Account Number:002-7087-532-2007
ReportResolutionOrdinance
$3,600.00
Amount Budgeted:$80,000.00
Exhibits:Bid Tabulation #22005, Access report,
$6,600.00
DXI Bid
Amount Requested:$135,000.00
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
City of La PorteBid #22005forLiquid Chlorine was opened on November 9, 2021. The
bid was advertised on October 21stand October 28theditions of the Bay Area
Observer, posted on Public Purchase and the City website. A total of 17vendors
accessed the bid documents, with only one supplier providing a bid.The bid was for
estimated quantities to establish unit prices for 150 pound and one ton cylinders.
The single bid was provided by DXI Industries. DXI is the major provider for liquid
chlorine and major water treatment chemicals in the Houston, Texas Area. DXI has
been the preferred chemical provider to the City of La Porte for over 20 years. In early
October the City was notified of a substantial price increase for liquid chlorine that is
affecting cities across the nation.During budget preparation, staff planned for a 20%
increase, the product is now seeing a 150%increase.
Staff recommends approval of a budget amendment ($58,000.00) and award of Bid
#22005 to DXI Industries to provide liquid chlorine for water and wastewater treatment.
Benefits:
Acceptance of the bid will provide stable chlorine prices for one year.
Liabilities:
Future world market for chemicals is volatile.
ACTION REQUIRED BY CITY COUNCIL
Award Bid #22005for Liquid Chlorineto DXI Industries and authorize the City
Manager to enter into a one-year contract, not to exceed amended budget
amounts.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Bid Tabulation- Bid #22005 Liquid Chlorine
Opened: November 9, 2021 DXI
Extended
ItemQTYUOMDescriptionUnit PricePrice
Item 1A50eaChlorine Cylinders, 1 ton each$1,750.00$87,500.00
Item 1B1eaCylinder deposit for Item 1A0
Item 1C1eaHazmat fee for Item 1A, if applicable0
Item 1D1eaMinimum order quantity, if any1 ton
Item 2A23eaChlorine cylinders, 150lb cylinder$175.00$4,025.00
Item 2B1eaCylinder deposit for Item 2A0
Item 2C1eaHazmat fee for Item 2A, if applicable0
Item 2D1eaMinimum order quantity, if any1 cylinder
TOTAL$91,525.00
Access Report
AgencyCity of La Porte (TX)
Bid Number22005
Bid TitleLiquid Chlorine
Vendor NameAccessed First TimeDocuments
ConstructConnect2021-10-21 04:52 AM CDTBid 22005 Liquid Chlorine.pdf
Commercial Chemical Products, Inc2021-10-20 02:25 PM CDTBid 22005 Liquid Chlorine.pdf
North America Procurement Council2021-10-20 09:38 AM CDTBid 22005 Liquid Chlorine.pdf
PWXPress2021-10-20 10:41 PM CDTBid 22005 Liquid Chlorine.pdf
Dodge Data & Analytics2021-10-22 06:07 AM CDTBid 22005 Liquid Chlorine.pdf
DXI Industries, Inc.2021-11-03 03:05 PM CDTBid 22005 Liquid Chlorine.pdf
BidClerk2021-10-21 07:39 AM CDTBid 22005 Liquid Chlorine.pdf
Onvia2021-10-20 01:02 PM CDTBid 22005 Liquid Chlorine.pdf
DXI/DPC Industries Inc.2021-10-20 09:26 AM CDTBid 22005 Liquid Chlorine.pdf
DPC Industries2021-10-21 10:32 AM CDTBid 22005 Liquid Chlorine.pdf
aztec remodeling &landscaping company2021-10-29 09:34 AM CDTBid 22005 Liquid Chlorine.pdf
RFx Analyst2021-10-21 08:10 AM CDTBid 22005 Liquid Chlorine.pdf
Dodge Data & Analytics2021-10-20 06:30 PM CDTBid 22005 Liquid Chlorine.pdf
SmartProcure2021-10-21 05:39 AM CDTBid 22005 Liquid Chlorine.pdf
Brenntag Southwest, Inc.2021-10-20 11:34 AM CDTBid 22005 Liquid Chlorine.pdf
Perkens WS Corporation2021-10-20 11:06 PM CDTBid 22005 Liquid Chlorine.pdf
Haul n associates2021-10-26 11:19 AM CDTBid 22005 Liquid Chlorine.pdf
Univar USA Inc.2021-10-20 10:14 AM CDTBid 22005 Liquid Chlorine.pdf
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
015 -EDC
Requested By:Tim Miller, Director Source of Funds:
Department:Parks & Recreation
015-8080-552-1100
Account Number:
$52,600
Amount Budgeted:
ReportResolutionOrdinance
$52,600
Amount Requested:
Exhibits:Shade structure quote
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
During the FY 2021-2022 budget process, City Council approvedthe CIP project of
installing shade structures over the newly installed fitness equipmentexercise stations at
Fairmont Park. At the September 27, 2021 La Porte Development Corporation Board
meeting, approval was given for opening the 60-day public comment period on the fiscal
year 2021-2022 CIP expenditures, which included the shade structures at Fairmont Park.
th
Staff advertised the 60-, and
th
December 6concluded the 60-day comment period. 26th was the 60th day and to-date
staff has received no comments.The LPDC conductedtheir final funding approval
th
process at their December 13Board meeting.
CIP # PR0022 addresses the installation of shade for exercise pods at Fairmont Park.
Currently,there are five (5)exercise pods located at Fairmont Park.One of these pods is
shaded by trees while the other 4 are exposed to direct sunlight throughout the day.
These four (4) pods would receive shade covering to facilitate use during the day.
Staff recommends authorizing the City Manager to execute acontract with USAShade &
Fabric Structures for the purchase and installation of shade structures to cover four (4)
exercise pods at Fairmont park in the amount of $52,600, under Texas BuyBoardContract
number 592-19.
ACTION REQUIRED BY CITY COUNCIL
Authorize the City Manager to execute a contract with USA Shade & Fabric
Structures utilizing BuyBoard Contract #592-19 in the amount of $52,600for the
purchase and installation of shade structures for four (4)exercise pods at
Fairmont Park.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
Exercise
equipment
shade
structures
October 8, 2021
Buyboard Proposal Prepared
For:
City of La Porte
AZ: 289388 CA: 989458 LA: 61718 NV: 78724
NM: 383826 TN: 68712 DIR: 1000003533
|
ww w.usa-shade.com 800-966-500 5
Date:
Buyboard Proposal for USA SHADE & Fabric Structures #592-19
Project Information: Sales Information:
City of La Porte Scott Bradley Jared Angelica
Purchaser: Contact: Sales Rep:
Fairmont park 713-254-8861
Phone: Phone:
Project Name:
JFA 108387 bradleys@laportetx.gov jareda@usa-shade.com
Quote No: Email: Email:
N/A 214-905-9514
PO No: Fax: Fax:
Billing Information: Shipping Information: Jobsite Information:
City of La Porte TBD Fairmont Park
TBD TBD 3540 Farrington
La Porte, TX 77571 TBD La Porte, TX 77571
Contact: Contact: Contact:
Phone Phone Phone
Fax: Fax: Fax:
Email: Email: Email:
REMITTANCE ADDRESS:
CORPORATE ADDRESS:
PO BOX 734158
2580 Esters Blvd, Suite
Dallas, TX 75373-4158
100
DFW Airport, TX
75261
SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS:
6225 S. Valley View Blvd., SuiteI
1085 N. Main Street, Suite C 927 Enterprise Way, Suite A 2452 W. Birchwood Ave, Suite 112
Las Vegas, NV 89118
Orange, CA 92867 Napa, CA 94558 Mesa, AZ 85202
NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is
privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee
or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized
disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by phone and return the original message to the applicable address above.
ww w.usa-shade.com 800-966-5005
AZ:289388 CA: 989458 LA: 61718 NV:78724 NV: 78724 NM: 383826 TN: 68712 DIR: 1000003533
Shade Structure Pricing
UNIT IMAGE UNIT DETAILS
2 N/A
Unit Quantity: Base Attachment:
Hip PIH
Unit Type: Footing Type:
18 X 36 No
Structure Sizes:
Anchor Bolts:
10 No
Entry Height: Concrete Cutting:
No of Columns:
4 Yes
Dirt Removal:
No of Fabric Tops:
1
NOTES
Fabric Type:
Shadesure
Fabric Color:
TBD
Steel Finish:
Powder coat
Steel Color:
TBD
N/A
PRICE Electrical Provisions:
Cable/HDW Finish: N/A
See below for full pricing
Concept No:
UNIT IMAGE UNIT DETAILS
1 N/A
Unit Quantity: Base Attachment:
Hip PIH
Unit Type: Footing Type:
Structure Sizes: 18 X 30 No
Anchor Bolts:
10 No
Entry Height: Concrete Cutting:
No of Columns:
4 Yes
Dirt Removal:
No of Fabric Tops:
1
NOTES
Fabric Type:
Shadesure
Fabric Color:
TBD
Steel Finish:
Powder coat
Steel Color:
TBD
N/A
PRICE Electrical Provisions:
N/A
Cable/HDW Finish:
See below for full pricing
Concept No:
UNIT IMAGE UNIT DETAILS
1 N/A
Unit Quantity: Base Attachment:
Hip Recessed baseplate
Unit Type: Footing Type:
14 X 28 No
Structure Sizes:
Anchor Bolts:
10 No
Entry Height: Concrete Cutting:
No of Columns:
4 Yes
Dirt Removal:
No of Fabric Tops:
1
NOTES
Fabric Type:
Shadesure
Fabric Color:
TBD
Steel Finish:
Powder coat
Steel Color:
TBD
N/A
PRICE Electrical Provisions:
Cable/HDW Finish: N/A
See below for full pricing
Concept No:
ADDITIONAL COSTS
QTY ITEM DETAILS COST
$0.00
$0.00
TOTAL FOR ACCESS/MISC ITEMS:
PRICING /TOTALS:
PAYMENT TERMS:
INCLUDED
Unit Total (1) Upon execution of the Agreement (Deposit)
N/A
Accessories (2) Upon delivery of Unit(s)
INCLUDED Net 30
Shipping/Handling (3) Upon completion of assembly/installation
$0.00 (4) Other (specify):
SUBTOTAL
T/E
NOTES:
Sales Tax (8.25%)
INCLUDED
Installation
$52,600.00
TOTAL PRICE
ENGINEERING REQUIREMENTS
NOTES
BuildingCode
WindLoad
SnowLoad
DrawingSize
No.ofSealedDrawings
Calculations Required
YESNO
INCLUSIONS /EXCLUSIONS
INCLUDEDEXCLUDEDINCLUDEDEXCLUDED
ENGINEERING REQUIREMENTSINSTALLATION -MISCELLANEOUS
SealedDrawings&CalculationsPrevailingWage/CertifiedPayroll
XX
PermitSubmittalUnionWages
XX
PermitFeeFencing
XX
DSASubmittalCurbRepair
XX
DSAFeeLandscapeRepair
XX
Foundation Design &EngineeringDemolition(ExistingStructures)
XX
SpecialInspectionFees
X PaymentandPerformanceBonds
X
800-966-5005
AZ:289388 CA: 989458 LA: 61718 NV:78724 NV: 78724 NM: 383826 TN: 68712 DIR: 1000003533
Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-
lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order.
2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during
normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations
are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process.
3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other
trades which interfere or cause us to stop working.
4) Pricing assumes secure storage and adequate lay down area for our tools, equipment, and materials, within close proximity to the installation
site will be provided, free of charge.
5) Our price assumes others to provide 200-amp, 110-volt electrical service and necessary potable water available within 100 feet of our work.
6) We will require site sanitary facilities and refuse containers by others within 200 feet of our work.
7) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work.
8) Barricades and public security requirements are not included.
9) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for
any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b)
installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of
damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction.
10) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any
additional costs incurred will be submitted to the client by a Change Order.
11) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or
repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.
12) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will
result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated
to USA SHADE in writing prior to installation.
GENERAL TERMS & CONDITIONS AND WARRANTY
Executed to be effective as of the date executed by both parties:
NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORK, OTHER THAN PRE-WORK, SHALL BE UNDERTAKEN WITHOUT A
MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.
PURCHASER: SELLER:
City of La Porte USA SHADE & Fabric Structures
Signature: Signature:
By: (Print) By: (Print)
Title: Title:
Date: Date:
800-966-5005
ww w.usa-shade.com
AZ:289388 CA: 989458 LA: 61718 NV:78724 NV: 78724 NM: 383826 TN: 68712 DIR: 1000003533
NOTE: All purchase orders and contracts should be drafted in the
name of Shade Structures, Inc.
800-966-5005
ww w.usa-shade.com
AZ:289388 CA: 989458 LA: 61718 NV:78724 NV: 78724 NM: 383826 TN: 68712 DIR: 1000003533
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
N/A
Requested By:Laura Reid, Deputy Tax Clerk Source of Funds:
Department:Finance
N/A
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
N/A
Amount Requested:
Exhibits:Resolution2021-63, deed, attorney letter,
Budgeted Item:YesNo
analysis, bid,& map
SUMMARY& RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing
unit may sell the property at any time by public or private sale. The City of La Porte has
had the propertylocated at1508 Park Driveon the privateresale list since 2012and
has received a bid fromMichael Angel Serrano and Virginia Ixta Serranoin the amount
of $7,508.00. Currently, the property is vacant. At this time,staff is asking the City
Council to adopta resolution to approve the sale of the property listed below for the
amount that has been offered.
2012-33716 1508 Park Drive, La Porte, Texas 77571 Offer $7,508.00 (cost
+ taxes)
ACTION REQUIRED BY CITY COUNCIL
Adopt Resolution 2021-63 acceptinga bid by Michael Angel Serrano and Virginia
Ixta Serrano to acquire a tax resale property described as: the Northeasterly 60
feet of Lots 1 and 2, Block 20 of Bay Front Addition to the City of La Porte in
Harris County, Texas, according to the map or plat thereof recorded in Volume
85, Page 440 of the Deed Records of Harris County, Texas (Account No. 006-110-
000-0002).
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
N/A
Requested By:Laura Reid, Deputy Tax Clerk Source of Funds:
Department:Finance
N/A
Account Number:
N/A
Amount Budgeted:
ReportResolutionOrdinance
N/A
Amount Requested:
Exhibits:Resolution2021-64, deed, attorney letter,
Budgeted Item:YesNo
analysis, bid,& map
SUMMARY& RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing
unit may sell the property at any time by public or private sale. The City of La Porte has
had the propertylocated at0 Lobit Ave.on the privateresale list since 1923and has
received a bid fromQuest Trust Company FBO Patrick Mulhern Acct. No. 1409012in
the amount of $20,100.00. Currently, the property is vacant. At this time,staff is asking
the City Council to adopta resolution to approve the sale of the property listed below
for the amount that has been offered.
105697 0 Lobit Ave., La Porte, Texas 77571 Offer $20,100.00 (cost + taxes)
ACTION REQUIRED BY CITY COUNCIL
Adopt Resolution 2021-64 to accept a bid by Quest Trust Company FBO Patrick
Mulhern Acct. No. 1409012 to acquire a tax resale property described as: Lots 25
& 26, Block 974, Town of La Porte, Harris County, Texas (Account # 024-148-000-
0025).
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Source of Funds:N/A
Requested By:Teresa Evans, Director
Department:Planning & Development
Account Number:N/A
Amount
ReportResolutionOrdinance
Budgeted:N/A
Amount
Requested:N/A
Exhibits: Ordinance2021-3850, Proposedland
usemap, Existing land use map, P & Z letter of
Budgeted Item:YesNo
recommendation
SUMMARY& RECOMMENDATION
This item is a request for consideration to amend the City’s Future Land Use Plan
(FLUP) in conjunction with a request by Tammy Millstid of C.M. Millstid Properties
LLC., applicant and owner, who is seeking approval of a SpecialConditionalUse
Permit(SCUP)inthePlannedUnitDevelopment(PUD)zoningdistrict.The
proposed SCUP would allow Business Industrial (BI) uses on a 3.38-acre tract of
land. The property in question islocatedat11007 W. Fairmont Pkwy.,legally
described as Tract 1H, Abstract 625,R.Pearsall Survey, Harris County, Texas.
The City’s Future Land Use Plan (FLUP) identifies this property as “Mid-High
Density Residential” land use. In order to accommodate the proposed SCUP
request, the FLUP wouldneedtobeamended toallowfor“Business Industrial”
use.
The Planning and Zoning Commission, at their October 21, 2021, regular meeting,
voted5-0 torecommendapprovaloftheproposedFutureLandUseAmendment.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance 2021-3850, an ordinance amending the City's
FutureLand Use Map Component of the Comprehensive Plan for an
approximately 3.38-acretractoflandlocatedat11007 W. Fairmont Parkway
andlegallydescribedas Tract 1H, Abstract 625, R. Pearsall Survey, Harris
County, Texas, bychanging the land use designation from “Mid-HighDensity
Residential” to “Business Industrial”.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3850
AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP
COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE,
TEXAS, UPON RECOMMENDATION OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF LA PORTE, TEXAS, BY CHANGING THE
DESIGNTION OF A 3.38-ACRE TRACT OF LAND AT 11007 WEST FAIRMONT
PARKWAY AND BEING LEGALLY DESCRIBED AS TRACT 1H, ABSTRACT 625, R.
PEARSALL SURVEY, HARRIS COUNTY, TEXAS, MID-HIGH DENSITY
RESIDENTIAL ; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning
regulations must be adopted in accordance with a Comprehensive Plan; and
WHEREAS, Section 213.003 of the Texas Local Government Code provides that a
municipality may amend a Comprehensive Plan by ordinance, after public hearing and review
by the municipality's planning commission or department; and
WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a
municipality may establish, in its charter or by ordinance, procedures for adopting and
amending a Comprehensive Plan; and
WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65
of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning
Commission the duty to review and make recommendations relevant to modifications of the
Comprehensive Plan and Zoning Ordinance; and
WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the
City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of
multiple amendments since its adoption;
WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the
City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed
all elements of the Comprehensive Plan, and as duly approved by the City Council of the
City of La Porte, to consider possible amendments thereto; and
WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on
October 21, 2021, the La Porte Planning and Zoning Commission reviewed the Future Land
Use Map component of the Comprehensive Plan for the purpose of considering proposed
amendments thereto, to change the designation for that 3.38-acre tract of land located at
11007 W. Fairmont Pkwy., and being legally described as Tract 1H, Abstract 625, R. Pearsall
Survey, Harris County, Texas, from its present designation of Mid-High Density Residential
, and at the conclusion of such review the La Porte Planning and Zoning
Commission voted to recommend to the La Porte City Council that it approve such amendment to
the Future Land Use Plan component of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS, THAT:
Section 1. All of the facts recited in the preamble to the Ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. That an amendment to the Future Land Use Map component of the Comprehensive
Plan of the City of La Porte, Texas, which is incorporated to this ordinance by
reference herein and attached hereto as Exhibit A, be and is hereby authorized,
approved, and adopted by the City Council of the City of La Porte, Texas, after
duly noticed public hearing held at its December 13, 2021, meeting, pursuant to the
recommendations of the Planning and Zoning Commission of the City of La Porte,
Texas.
Section 3. The City Secretary of the City of La Porte or her designated representative shall be
required to make this amendment to the Comprehensive Plan available to the public
and duly mark and note the updated reference on the Future Land Use Plan
component of the Comprehensive Plan of the City of La Porte, Texas.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject to this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
Section 5. This ordinance shall be in effect from and after its passage and approval.
th
PASSED AND APPROVED this, the 13 day of DECEMBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
October 22, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Request #21-91000006 to Amend the Future Land Use Map
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a meeting on October 21, 2021 for
a request
Plan for a 3.38-acre tract of land located at 11007 W. Fairmont Pkwy.; legally described
as Tract 1H, Abstract 625, R. Pearsall Survey, Harris County, Texas. The request was
for approval of a change of the future land use designation from Mid-High Density
Residential to Business Industrial use.
The Commission voted 5-0 to recommend approval of the proposed amendments to the
.
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
Current FLUP
MHDR
LDR
SCUP
#21-910000006
SPRINGWOOD
PO
11007 W. Wairmont
Legend
Subject Tract
This product is for informational
BI
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
COM
property boundaries
1 inch = 157 feet
FAIRMONT
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Proposed FLUP
MHDR
LDR
SCUP
#21-910000006
SPRINGWOOD
PO
11007 W. Wairmont
Legend
Subject Tract
This product is for informational
BI
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
COM
property boundaries
1 inch = 157 feet
FAIRMONT
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 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: Ordinance2021-3851, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, Zoning map, Future
Land Use map, andApplication
SUMMARY&RECOMMENDATION
Tammy Millstid of C.M. Millstid Properties LLC, applicant andowner,requestsapproval
of Special Conditional Use Permit (SCUP) 21-91000006, to allow for Business
Industrial (BI) uses in the Planned Unit Development (PUD) zoning district, on a 3.38
acre tract of land located at 11007 W. Fairmont Pkwy.,legally described as Tract 1H,
Abstract 625 R, Pearsall Survey, Harris County, Texas.
The property is currently zoned Planned Unit Development (PUD) and is being utilized
as outdoor storagefor the business located on the adjacent property to the south. The
PUD zoning does not allow for any specific land uses, outside of agriculture uses, prior
to the approval of a Special Conditional Use Permit (SCUP). The applicant has yet to
obtain approval of a SCUP for any specific use and has been cited for this specific
zoning violation. The site has been utilized for minor industrial usesdating back tothe
1980s.
In December of 2019, the applicant submitted a requestto change the zoning of the
site to Business Industrial (BI). The Planning and Zoning Commission recommended
denial of the zone change, and theCity Council formallydenied the request in January
of 2020. The applicant is now requesting approval of a SCUP to allow for Business
Industrial (BI) uses on the site. This request would bring it in line with the property to
thesouth, currently zoned BI, and also owned by the applicant.
As part of the SCUP approval process, City staff andthe Planning and Zoning
Commission has recommended twelve (12) conditions of approval.The recommended
conditions are as follows:
1.A site development plan shall be submitted in accordance with applicable
requirements of the CityofLaPorte’sDevelopmentOrdinanceandshall
complywithallprovisionsofChapter106 “Zoning”ofthe City’sCodeof
Ordinances and all otherdepartmentreviewsand applicable laws and
ordinances of the City of La Porte andtheState of Texas.
2. Except as otherwise provided in this SCUP, all use and area requirements
established in Chapter 106 of the La Porte Code of Ordinances for the
Business Industrial (BI) zoning district shall apply. All BI zoning and
development requirements will need to be met, in addition to any conditions
listed below.
3.All uses permitted in the BI zoning district are permitted with the exception of
those uses corresponding to the following NAICS codes:
a.484110 - General Freight Trucking, Local
b. 484121 - General Freight Trucking, Long-Distance, Truckload
c. 484220 - Specialized Freight (except Used Goods) Trucking, Local
d. 484230 - Specialized Freight (except Used Goods) Trucking, Long-
Distance
e. 493 - General Warehousing and Storage
4. Perimeter fencing must be constructed along all portions of the property
adjacent to residentially zoned properties or properties occupied by a
residential use.
5. Perimeter fencing must be 8’ tall and 100% opaque.
6. On-site lighting must be hooded and include motion sensors to limit light
pollution on adjacent properties.
7. There shall be a minimum setback of forty feet (40’) along the rear property
line of the development. No improvements or business activities may be
established or take place within this setback.
8. Any trucking operations are limited to the hours of 7:00 AM – 7:00 PM.
9. No modular or temporary structures, including shipping containers, may be
utilized on site at any time for any purpose. Shipping containers on chassis
and defined as in-transit shall be permitted.
10. All onsite areas utilized for storage, parking, or driving must be paved with
either concrete or asphalt, or chip seal.
11. Hazardous materials which may or may not require a placard may not be
stored on site for any length of time. This prohibition includes shipments of
hazardous materials that are defined as in-transit by the Department of
Transportation (DOT)
12. Any proposed modifications to this Special Conditional Use Permit will require
an amendment to this SCUP in accordance with Chapter 106, “Zoning” of the
City’s Code of Ordinances.
The Planning & Zoning Commission held a public hearing on this item at their October
21, 2021 regular meeting. At the meeting, the applicant provided information on the
existing on site operations and history of how the property was developed over time.
There was much discussion among the commissioners regarding certain conditions
that could help mitigate any impacts the site may have on the adjacent residential.
The Commission voted on a motion to recommend approval of the SCUP request, as
presented with the twelve (12) conditions. The vote was 5-0, and the motion was
approved.
Staff mailed a total of nine (9) public notices to property owners located within 200 feet
of the subject property. Staff did not receive any returned comment sheets for the
proposed SCUPrequest.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance2021-3851 for SCUP request #21-91000006, to allow
Business Industrial (BI) uses in the Planned Unit Development (PUD) zoning
district, on a 3.38 acre tract of land located north of 11007 W. Fairmont Pkwy.,
legally described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris County,
Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3851
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. 21-91000006, TO ALLOW FOR BUSINESS INDUSTRIAL (BI) USES
IN THE PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT, ON A 3.38
ACRE TRACT OF LAND LOCATED AT 11007 W. FAIRMONT PARKWAY, AND
BEING LEGALLY DESCRIBED AS TRACT 1H, ABSTRACT 625 R, PEARSALL
SURVEY, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE
TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM
NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on October 21, 2021, the La Porte Planning and Zoning Commission conducted a
public hearing regarding a request to grant Special Conditional Use Permit No. 21-91000006 to
allow for Business Industrial uses in a Planned Unit Development (PUD) zone, on a 3.38 acre
tract of land located at 11007 W. Fairmont Pkwy., and being legally described as Tract 1H,
Abstract 625 R, Pearsall Survey, Harris County, Texas, following lawful publication of the notice
of said public hearing; and
WHEREAS, on October 21, 2021, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to grant
Special Conditional Use Permit No. 21-91000006 to allow for Business Industrial uses in a
Planned Unit Development (PUD) zone, on a 3.38 acre tract of land located at 11007 W.
Fairmont Pkwy., and being legally described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris
County, Texas, be approved; and
WHEREAS, on December 13, 2021, the City Council of the City of La Porte conducted a public
hearing regarding a request to grant Special Conditional Use Permit No. 21-91000006 to allow
for Business Industrial uses in a Planned Unit Development (PUD) zone, on a 3.38 acre tract
of land located at 11007 W. Fairmont Pkwy., and being legally described as Tract 1H, Abstract
625 R, Pearsall Survey, Harris County, Texas); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to grant Special Conditional Use Permit
No. 21-91000006 to allow for Business Industrial uses in a Planned Unit Development (PUD)
zone, on a 3.38 acre tract of land located at 11007 W. Fairmont Pkwy., and being legally
described as Tract 1H, Abstract 625 R, Pearsall Survey, Harris County, Texas be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. Ordinances is hereby amended by granting
Special Conditional Use Permit #21-91000006, attached hereto as Exhibit A and
incorporated by reference for all purposes, to allow for Business Industrial (BI) uses
in the Planned Unit Development (PUD) zoning district, on a 3.38 acre tract of land
located at 11007 W. Fairmont Pkwy.; legally described as Tract 1H, Abstract 625 R,
Pearsall Survey, Harris County, Texas, and situated within a PUD zoning district.
Section 3. 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 4. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portions
thereof; but as to such remaining portion or portions, the same shall be and remain in
full force and effect and to this end the provisions of this ordinance are declared to
be severable.
Section 5. 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
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 6. The City Council of the City of La Porte hereby finds that public notice was properly
properties under consideration.
Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that
the amendments to the City of La Porte Zoning 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate
any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS
($2000.00).
Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper of the City of La Porte at
least once within ten (10) days after the passage of this ordinance.
th
PASSED AND APPROVED this, the 13 day of DECEMBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
EXHIBITA
CityofLaPorte
SpecialConditionalUsePermit
#21-91000006
Applicant:Tammy Jo Millstid/C.M. Millstid Properties LLC.
OwnerorAgent
1905 Laura Lane, La Porte, TX 77571
Address
DevelopmentName/Type:Millstid BI Development
Location: 11007 W. Fairmont Pkwy._
Legal Description:Tract 1H, Abstract 625 R Pearsall Survey _
Zoning:PUD, Planned Unit Development____________________________
Use:Business Industrial
PermitConditions:
ThisSpecialConditionalUsePermit(SCUP)isapplicableforthesubjectproperty,acopyofwhichshallbe
maintainedinthefilesofthePlanningandDevelopmentDepartmentuponapproval.Project
developmentshallbeinaccordancewiththefollowingconditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the City
ofLaDevelopmentOrdinanceandshallcomplywithallprovisionsofChapterof
CodeofOrdinances and all otherdepartmentreviewsand applicable laws andordinances
oftheCityofLaPorteandtheStateof Texas.
2.Except as otherwise provided in this SCUP, all use and area requirements established in Chapter
106 of the La Porte Code of Ordinances for the Business Industrial (BI) zoning district shall apply.
All BI zoning and development requirements will need to be met, in addition to any conditions
listed below.
3.All uses permitted in the BI zoning district are permitted with the exception of those uses
corresponding to the following NAICS codes:
a.484110 -General Freight Trucking, Local
b.484121 -General Freight Trucking, Long-Distance, Truckload
c.484220 -Specialized Freight (except Used Goods) Trucking, Local
d.484230 -Specialized Freight (except Used Goods) Trucking, Long-Distance
e.493 -General Warehousing and Storage
4.Perimeter fencing must be constructed along all portions of the property adjacent to residentially
zoned properties or properties occupied by a residential use.
5.Perimeter fe
6.Onsite lighting must be hooded and include motion sensors to limit light pollution on adjacent
properties.
7.
development. No improvements or business activities may be established or take place within
this setback.
8.Any trucking operations are limited to the hours of 7:00 AM 7:00 PM.
9.No modular or temporary structures, including shipping containers, may be utilized on site at any
time for any purpose. Shipping containers on chassis and defined as in-transit shall be permitted.
10. All onsite areas utilized for storage, parking, or driving must be paved with either concrete or
asphalt, or chip seal.
11.Hazardous materials which may or may not require a placard may not be stored on site for any
length of time. This prohibition includes shipments of hazardous materials that are defined as in-
transit by the Department of Transportation (DOT)
12. Any proposed modifications to this Special Conditional Use Permit will require an amendment to this
.
Failure to start construction of the site within twelve (12) months after issuance or as scheduled under the
terms of a special conditional use permit shall void the permit as approved, except upon an extension of
time granted after application to the Planning and Zoning Commission.
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 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
October 22, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Special Conditional Use Permit Request #21-91000006
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a regular meeting on October 22,
2021 to hear a Special Conditional Use Permit request by, Tammy Millstid of C.M. Millstid
Properties LLC., applicant and owner; for approval of a SCUP to allow for a Business
Industrial (BI) uses in the Planned Unit Development (PUD) zoning district, on a 3.38 acre
tract of land located at 11007 W. Fairmont Pkwy.; legally described as Tract 1H, Abstract
625 R, Pearsall Survey, 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 uses to be permitted within the
PUD zoning district.
The Commission voted 5-0 to recommend approval of the proposed SCUP, as presented
with the twelve (12) suggested conditions of approval.
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
#21-910000006
SPRINGWOOD
11007 W. Fairmont
Legend
Subject Tract
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 157 feet
OCTOBER 2021
FAIRMONT
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Zoning Map
SCUP
R-1
#21-910000006
PUD
SPRINGWOOD
11007 W. Fairmont
Legend
Subject Tract
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
BI
survey and represents only the
approximate relative location of
property boundaries
GC
1 inch = 157 feet
OCTOBER 2021
FAIRMONT
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
FLUP Map
SCUP
MHDR
LDR
#21-910000006
SPRINGWOOD
PO
11007 W. Fairmont
Legend
Subject Tract
This product is for informational
purposes and may not have
BI
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
COM
1 inch = 157 feet
OCTOBER 2021
FAIRMONT
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Source of Funds:N/A
Requested By:Teresa Evans, Director
Department:Planning & Development
Account Number:N/A
Amount
ReportResolutionOrdinance
Budgeted:N/A
Amount
Requested:N/A
Exhibits: Ordinance2021-3852, P & Z letter of
recommendation, existing land use map, proposed land
Budgeted Item:YesNo
use map
SUMMARY& RECOMMENDATION
This item is a request for consideration to amend the City’s Future Land Use Plan
(FLUP) in conjunction with a request byMaria Cristina Rodriguez, applicant and owner,
who is seeking approval of a Zone Change from the General Commercial (GC) zoning
districtto the Mid Density Residential (R-2) zoning district. The proposed zone change
would allow for the constructionof asingle familyresidential home. The property in
st
question is located at the northeastcorner of N. 1St. and W. Madison St., and legally
described as Lots 13-16, Block 108, Town of La Porte, Harris County, Texas.
The City’s Future Land Use Plan(FLUP)identifies this property as “Commercial” land
use. In order to accommodate the proposed development, the FLUP would need to be
amended to allow for “Mid-High Density Residential” use.
The Planning and Zoning Commission, at their October 21, 2021,regular meeting,
voted 5-0to recommend approvalof the proposed Future Land Use Amendment.
ACTION REQUIRED BY CITY COUNCIL
Approve or denyOrdinance 2021-3852,an ordinance amending the City's Future
Land Use Map Component of the Comprehensive Plan for an approximately0.27-
st
acre tract of land located at the northeastcorner of N. 1St. and W. Madison St.
and legally described as Lots 13-16,Block 108, Town of La Porte, Harris County,
Texas, by changing the land use designation from “Commercial” to “Mid-High
Density Residential.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCENO.2021-3852
AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP
COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS
UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF LA PORTE, TEXAS; BY CHANGING THE DESIGNTION OF A 0.27-ACRE
ST
TRACT OF LAND AT THE NORTHEAST CORNER OF NORTH 1 STREET AND WEST
MADISON STREET AND BEING LEGALLY DESCRIBED AS LOTS 13-16, BLOCK 108,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM “COMMERCIAL” TO “MID-
HIGH DENSITY RESIDENTIAL”; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, Section 211.004 of the Texas Local Government Codeprovides that zoning
regulations must be adopted in accordance with a Comprehensive Plan; and
WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality
may amend a Comprehensive Plan by ordinance, after public hearing and review by the
municipality's planning commission or department; and
WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a
municipality may establish, in its charter or by ordinance, procedures for adopting and amending
a Comprehensive Plan; and
WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of
the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission
the duty to review and make recommendations relevant to modifications of the Comprehensive
Plan and Zoning Ordinance; and
WHEREAS, the City of La Portehasa Comprehensive Plan, which Plan was adopted by the
City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of
multiple amendments since its adoption;
WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the
City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all
elements of the Comprehensive Plan,andas duly approved by the City Council of the City of
La Porte, to consider possible amendments thereto; and
WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on
October 21, 2021, the La Porte Planning and Zoning Commission reviewed the Future Land Use
Map component of the Comprehensive Plan for the purpose of considering proposed amendments
thereto, to change the designation for that 0.27-acre tract of land located at the northeast corner of
st
N. 1 St. and W. Madison St., and legally described as follows: Lots 13-16, Block 108, Town of
La Porte, Harris County, Texas, from its present designation of “Commercial”, to “Mid-High Density”
Residential and at the conclusion ofsuch review the La Porte Planning and Zoning Commission
voted to recommend to the La Porte City Council that it approve such amendment to the Future Land
Use Plan component of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS, THAT:
Section1.All of the facts recited in the preamble to this Ordinance are hereby found by the Council
to be true and correct and are incorporated herein by this reference.
Section 2. That anamendmenttothe Future Land Use Mapcomponent ofthe ComprehensivePlan
oftheCityofLaPorte,Texas,whichisincorporatedto thisordinancebyreference
herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and
adopted by the City Council of the City of La Porte, Texas, after duly noticed public
hearing held at its December 13, 2021, meeting, pursuant to the recommendations of the
Planning and Zoning Commissionofthe Cityof La Porte, Texas.
Section 3.TheCitySecretaryoftheCityof LaPorteorherdesignatedrepresentativeshallbe
required to make thisamendment tothe Comprehensive Plan available to the public and
duly mark and note the updated reference on the Future Land Use Plan component of
the Comprehensive Plan of the City of La Porte, Texas.
Section 4. The City Council officiallyfinds,determines, recitesanddeclaresthat a sufficient written
notice ofthe date, hour, place and subject to this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding thismeeting, as required by the Open Meetings Law,Chapter
551, Texas Government Code;andthat 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. Thisordinance shall be in effect from and after its passage and approval.
th
PASSED ANDAPPROVED this, the 13 day of DECEMBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby,Mayor
ATTEST:APPROVED:
__________________________ ____________________________
Lee Woodward,CitySecretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
October 22, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Request #21-92000003 to Amend the Future Land Use Map
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a meeting on October 21, 2021 for
a request
st
Plan for a 0.27-acre tract of land located at the northeast corner of N. 1 St. and W.
Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, Harris
County, Texas. The request was for approval of a change of the future land use
CommercialMid-High Density Residential
The Commission voted 5-0 to recommend approval of the proposed amendments to the
.
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
Current FLUP
LDR
Zone Change
#21-92000003
NE Corner
N 1st and Madison
Legend
COM
Subject Tract
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 50 feet
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Proposed FLUP
LDR
Zone Change
#21-92000003
NE Corner
N 1st and Madison
Legend
COM
Subject Tract
MHDR
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 50 feet
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 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: Ordinance2021-3853, P&Z Letter of
Budgeted Item:YesNo
Recommendation, Area map, zoning map, futureland
use map, andapplicant information
SUMMARY& RECOMMENDATION
Maria Cristina Rodriguez,applicant andowner;requestsapproval of a Zone Change
from the General Commercial (GC) zoning districtto the Medium Density Residential
st
(R-2) zoning district. The 0.27-acre site is located at the northeast corner of N. 1St.
and W. MadisonSt., and legally described as Lots 13-16, Block 108, Town of La Porte,
Harris County, Texas.
The siteis currently undeveloped.The future land use map (FLUP) reflects a GC use
for this site. The applicant proposes to construct a single familyresidential home on the
property. Under the current GCzoning district, residential uses are prohibited.A zone
change from GC to R-2 is required to facilitate theconstruction of the proposed
residential home.
The Planning & Zoning Commission held apublic hearing on this item at their October
21, 2021 regular meeting.The Commission voted on a motion to recommend approval
of the zone change request, as presented.The vote was 5-0, and the item was
approved.
Staff mailed22public noticesto property owners located within 200 feet of the subject
property. Staffdid not receiveanyreturned comment sheets for the proposed zone
changerequest.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance2021-3853for Zone Change request #21-92000003, a
request by Maria CristinaRodriguez, applicant and owner,for approval of a zone
change from General Commercial (GC) to Medium Density Residential (R-2), on
a 0.27 acre (11,969 square feet) tract of land located at the northeast corner of N.
1st St. and W. Madison St.,legally described as Lots 13-16, Block 108, Town of
La Porte, Harris County, Texas.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2021-3853
AN ORDINANCE AMENDING CHAPTER 106
ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF A 0.27-ACRE TRACT OF LAND LOCATED AT THE
ST
NORTHEAST CORNER OF NORTH 1 STREET AND WEST MADISON STREET,
AND BEING LEGALLY DESCRIBED AS LOTS 13-16, BLOCK 108, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS, FROM GENERAL COMMERCIAL (GC) TO
MEDIUM DENSITY RESIDENTIAL (R-2); MAKING CERTAIN FINDINGS OF FACT
RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to
promulgate rules and regulations governing regulation of land use, structures, businesses, and
related activities, and that such rules and regulations as adopted by the City promote the safe,
orderly, and healthful development of the City; and
WHEREAS, on October 21, 2021, the La Porte Planning and Zoning Commission conducted
a public hearing regarding a request to rezone a 0.27 acre tract of land located at the northeast
st
corner of North 1 Street and West Madison Street and legally described as Lots 13-16, Block
108, Town of La Porte, Harris County, Texas, from General Commercial (GC) to Medium
Density Residential (R-2), following lawful publication of the notice of said public hearing;
and
WHEREAS, on October 21, 2021, after considering the public testimony received at such
hearing, if any, the Planning and Zoning Commission recommended that the request to rezone
st
a 0.27 acre tract of land located at the northeast corner of North 1 Street and West Madison
Street and legally described as Lots 13-16, Block 108, Town of La Porte, Harris County, Texas,
from General Commercial (GC) to Medium Density Residential (R-2) be approved; and
WHEREAS, on December 13, 2021, the City Council of the City of La Porte conducted a
public hearing regarding a request to rezone a 0.27 acre tract of land located at the northeast
st
corner of North 1 Street and West Madison Street and legally described as Lots 13-16, Block
108, Town of La Porte, Harris County, Texas, as from General Commercial (GC) to Medium
Density Residential (R-2); and
WHEREAS, each and every applicable requirement set forth in Chapter 211, Subchapter A,
Texas Local Government Code and the Code of Ordinance of the City of La Porte, Texas,
concerning public notices, hearings and other procedural matters have been fully met; and
WHEREAS, the City Council desires that the request to rezone a 0.27 acre tract of land located
st
at the northeast corner of North 1 Street and West Madison Street and legally described as
Lots 13-16, Block 108, Town of La Porte, Harris County, Texas, from General Commercial
(GC) to Medium Density Residential (R-2) be approved;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. All of the facts recited in the preamble to this Ordinance are hereby found by the City
Council to be true and correct and are incorporated herein by this reference.
Section 2. changing the
zoning classification of the following described property, to wit: a 0.27-acre tract of
st
land located at the northeast corner of N. 1 St. and W. Madison St., and legally
described as Lots 13-16, Block 108, Town of La Porte, Harris County, Texas, from
General Commercial (GC) to Medium Density Residential (R-2).
Section 3. 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 4. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portions
thereof; but as to such remaining portion or portions, the same shall be and remain in
full force and effect and to this end the provisions of this ordinance are declared to be
severable.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council
is posted at a place convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by Chapter 551, TX
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 6. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred fe
properties under consideration in compliance with code provisions.
Section 7. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed
to reflect the zoning classification established by this ordinance
Section 8. The City Council of the City of La Porte hereby finds, determines, and declares that all
prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Map and Classification contained in this
ordinance as amendments thereto are desirable and in furtherance of the goals and
Section 9. This ordinance shall be effective after its passage and approval.
th
PASSED AND APPROVED this, the 13 day of DECEMBER, 2021.
CITY OF LA PORTE, TEXAS
______________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED:
__________________________ ____________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
October 22, 2021
Honorable Mayor Rigby and City Council
City of La Porte
RE: Zone Change Request #21-92000003
Dear Mayor Rigby and City Council:
The La Porte Planning and Zoning Commission held a public hearing at the October 21,
2021 meeting on a zone change request by Maria Cristina Rodriguez, applicant and owner;
for a zone change of property legally described as Lots 13-16, Block 108, Town of La
Porte, Harris County, Texas, from General Commercial (GC) to Medium Density
Residential (R-2). The site is a 0.27-acre tract of land located at the northeast corner of
st
N. 1 St. and W. Madison St.
The Commission voted 5-0 on a motion to approve the requested zone change.
Respectfully submitted,
`
Ian Clowes, City Planner
On Behalf of the Planning and Zoning Commission
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
Area Map
Zone Change
#21-920000003
NE Corner
N. 1st and Madison
Legend
Subject Tract
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
property boundaries
1 inch = 63 feet
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
Zoning Map
Zone Change
R-2
#21-920000003
NE Corner
N. 1st and Madison
Legend
Subject Tract
GC
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
R-1 survey and represents only the
approximate relative location of
property boundaries
1 inch = 63 feet
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
LDR
FLUP Map
BI
Zone Change
#21-920000003
NE Corner
N. 1st and Madison
Legend
Subject Tract
This product is for informational
purposes and may not have
been prepared for or be suitable
for legal purposes. It does not
represent an on-the-ground
survey and represents only the
approximate relative location of
PI
property boundaries
COM
1 inch = 63 feet
OCTOBER 2021
PLANNING DEPARTMENT
Houston-Galveston Area Council (H-GAC)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
015 -EDC
Requested By:Lindsay French, Rec Superint.Source of Funds:
Department:Parks & Recreation
015-8080-552-1100
Account Number:
$0
Amount Budgeted:
ReportResolutionOrdinance
$3,484,755
Amount Requested:
Exhibits:Phase 1 & 2 Conceptual Project Budget,
Budgeted Item:YesNo
Renovation Site Map
SUMMARY& RECOMMENDATION
Renovation of the La Porte Recreation and Fitness Center was first presented in
FY2017. The approved budget for this project totals $2,873,929 and is funded through
the La Porte Development Corporation Fund. This project allows the Recreation and
Fitness Center some much needed repairs and renovations.
The Recreation and Fitness Center was opened in 1992 with the only major repairs
being done in 2015due to a flood in the facility. The repairs included installingwood
floors in the aerobics room as well as the gym andinstallingnew carpet in the weight
room and the main corridors.
Due to the extent of renovations, repairs, and budget, we have split the project into two
phases. Phase 1would allow for some of the more pertinent items to be addressed with
Phase2bringing in itemsto better update and allow more usability of the facility.
Phase 1:
The Recreation & Fitness Center -Phase 1projected budget covers upgrades to the
weight room, corridors, cardio room, lobby, locker rooms and administrative offices, as
well as a new HVAC for the facility. The projected cost of Phase 1is $2,959,990.City
Council approved moving forward with Phase 1at theirOctober 11, 2021Council
meeting.
Phase 2:
The Recreation & Fitness Center Phase 2projected budget covers upgrades to the
gym,natatorium, cardio area, sauna, senior area and craft room, restrooms, as well as
adding in a childcare center and lounge. The projected cost of Phase 2 is $3,484,755,
which is the same cost as presented on October 11, 2021to City Council.
The Recreation and Fitness Center is a member driven facility for our residents. These
upgrades are not only needed but are expected to bring in more members. Our facility
has not seen any major upgrades since flooding in 2015 and the listed renovations would
better improve our
On October 25, 2021, staff presented Phase 2 to the La Porte Development Corporation
in order to seek funding for Phase 2. At that time, LPDC deferred to City Council for their
direction concerning course of action concerning renovations or potentially looking at
other options.
Staff recommends City Council approve the Recreation and Fitness Center Phase 2
renovation plans as presented and allow staff to re-approach LPDC Board about
.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss, and possible action to approve Phase 2 of the La Porte
Recreation and Fitness Center renovation plan and provide direction on how to
proceed with funding for the project.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
fmjnjobuf!xbmm
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Louis R. Rigby, Mayor Source of Funds:N/A
Department:
Account Number:N/A
Amount Budgeted:N/A
ReportResolutionOrdinance
Amount Requested:N/A
Exhibits:Recommendation Memo from Board,
Budgeted Item:YesNo
Timeline of Building Code Appeals Board Meetings
SUMMARY& RECOMMENDATION
Per Section 82-14 (2) of the City of La Porte Code of Ordinances, the Building Code
. . . and has the power to recommend to the City Council of the City of La Porte
change
this authority, at the July 7 and 21, 2020 meetings, the Board members voted to
recommend to City Council the adoption of the 2018 International Code Council building
code editions and the 2020 National Electrical Code with local amendments.
On September 28, 2020, City Council voted unanimously (8-0) to accept the Building
Code Appeals Board's recommendation and approve the adoption ofthe 2018
International Code editionsand the 2020 National Electric Code with local
amendments.Thenew codes becameeffective on November 28, 2020.
for code adoptions
follow below.
2018 International Building Code
2018 International Residential Code
2018 International Plumbing Code
2018 International Fuel Gas Code
2018 International Energy Conservation Code
2018 International Mechanical Code
2018 International Swimming Pool and Spa Code
2020 National Electrical Code
mendation to City Council isbased on a comprehensive review of
options and possible amendments. The Inspections staff initiated the review process
in the springof 2020, and the Board met over several weeks to consider and discuss
code options, possible amendments, and the City of La Porte Code of Ordinances
Chapter 82-Buildings and Building Regulations. These public meeting discussions
included testimony and presentations from the International Code Council and the
Uniform Code Council. Approval to adopt the 2018 code editions is necessary to remain
ISO (Insurance Services Office) Building Code Effectiveness Grading Schedule
(BCEGS) classification.
Following the September 28, 2020 City Council meeting vote, representatives from the
Uniform Code Council (UCC) contacted city leadership to express their concerns
regarding the selection process. Staff was asked to reconvene the Building Code
Appeals Board to address the UCC concerns. The Board met on February 23, 2021,
and t
Chairman Mark Follis to be a member of the International Code Council. The Board
stood by the process and their recommendation and declined to vote again.
Following the Building Code Appeals Board meeting, consideration of the Uniform Code
pending the outcome of House Bill
3803 and Senate Bill 1409, relating to the adoption of certain plumbing codes by the
Texas State Board of Plumbing Examiners (TSBPE) during the 2021 Texas Legislative
Session. The bills proposed to remove the Uniform Plumbing Code from adopted codes
and were referred to Committee, but left pending. This agenda item is now moving
forward for City Council consideration.
ACTION REQUIRED BY CITY COUNCIL
Discuss and adoption of the
2018 International Code editions and the 2020 National Electrical Code with local
amendments.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
Process and Timeline for the
Building Code Appeals Board (BCAB) recommendation to City Council to adopt
the 2018 ICC Codes and 2020 National Electric Code
BCAB Meeting, June 15, 2020:
Initial meeting to introduce new board members and elect a chairperson.
Member Follis was nominated as chairperson and the motion was adopted
unanimously.
BCAB Meeting, June 30, 2020:
Public comments:
o Joshua Hollub spoke in favor of the Uniform Plumbing Code.
o Stanley Briers spoke in favor of the Uniform Plumbing Code.
o John Mata spoke in favor of the Uniform Plumbing Code.
Staff presented the Board with significant changes that occurred between 2012 and
2018.
BCAB Meeting, July 07, 2020:
Public comments:
o Stanley Briers spoke in favor of the Uniform Plumbing Code.
o Joshua Hollub spoke in favor of the Uniform Plumbing Code.
o John Mata spoke in favor of the Uniform Plumbing Code.
The Board discussed and considered action to recommend the codes to Council.
The following codes were unanimously voted on, to approve and present to Council for
adoption:
o 2018 International Energy Conservation Code
o 2018 International Building Code
o 2018 International Residential Code
o 2018 International Swimming Pool and Spa Code
o 2020 National Electric Code
The following codes were voted on (5-1) to be tabled until the next Board meeting to
allow ICC representatives to comment:
o 2018 Uniform Plumbing Code
o 2018 Uniform Mechanical Code
o 2018 International Plumbing Code
o 2018 International Mechanical Code
BCAB Meeting, July 21, 2020:
Members present: Mark Follis, Pat McCabe, Mike Mosteit, D. Paul Larson (remote),
Bryan Moore (remote).
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
Public Comments:
o Joshua Hollubspoke in favor of the Uniform Plumbing Code.
o Stanley Briers spoke in favor of the Uniform Plumbing Code.
o James Smith spoke in favor of the Uniform Plumbing Code.
o Omar Jamis spoke in favor of the Uniform Plumbing Code.
o Rick Lord spoke in favor of the Uniform Plumbing Code.
o Carlos Flores spoke in favor of the Uniform Plumbing Code.
o Guy Tomberlin spoke in favor of the International Code Council (ICC) codes.
o Bill Manning spoke and stated that all codes should either be all ICC or all UPC.
Representatives from the Uniform Code and the International Code Council were invited
to give presentations:
o John Mata gave a presentation to the Board on the benefits of the Uniform
Codes.
o Kelly Sadler, Shawn Strausbaugh, Guy Tomberlin, and Jim Cika gave a
presentation on the ICC Codes.
o John Mata was given an opportunity for a rebuttal and spoke about the
advantages of the Uniform Code.
o Guy Tomberlin was given an opportunity to give a rebuttal to John Mata.
Presentation from the Pool and Hot Tub Alliance and the Texas Pool and Spa Coalition
Resource on the swimming pool and spa codes:
o Rick Hagan and Kevin Tucker presented on the required adoption of the
International Swimming Pool and Spa Codes effective 09/01/2020.
Action to adopt the 2018 Uniform Plumbing Code:
o Motion failed 2 –3
For: Mosteit, McCabe
Against: Follis, Larson, Moore
Action to adopt the 2018 International Plumbing Code:
o Motion passed 3 – 2
For: Follis, Larson, Moore
Against: Mosteit, McCabe
Action to adopt the 2018 Uniform Mechanical Code:
o Motion failed 2 – 3
For Mosteit, McCabe
Against: Follis, Larson, Moore
Action to adopt the 2018 International Mechanical Code:
o Motion passed 3 – 2
For: Follis, Larson, Moore
Against: Mosteit, McCabe
Action to adopt the 2018 International Swimming Pool and Spa Code:
o Motion passed 5 – 0
Action to adopt the 2020 National Electric Code:
o Motion passed 4 – 0
Mosteit abstained
City of La PortePlanning and Development Department
Established 1892 Teresa Evans, Director
City Council Meeting, September 28, 2020:
Citizen Comments:
o Jim Cika with ICC spoke in support of the City adopting the ICC codes in item 7e
and f, as did Kelly Sadler, Karl Fippinger, Guy Tomberlin, and Shawn Strausbaugh
of ICC; Timmy Rice, Jr. of CNB Utilities of Houston; Scott McDonald of the City of
Denton; and MerrillCrawford of Charlie’s Plumbing of Houston.
Statutory Agenda 7(e)
o Presentation, discussion, and possible action to adopt the 2018 International Fire
Code.
Adopted 8 –0
Statutory Agenda 7(f)
o Presentation, discussion, and possible action to adopt the 2018 International
Code editions for Building, Residential, Mechanical, Energy Conservation,
Plumbing, Fuel Gas, and Swimming Pool and Spa Codes and the 2020 National
Electric Code with local amendments, in accordance with recommendation of the
Building Code Appeals Board.
Adopted 8 - 0
November 28, 2020: Adopted codes go into effect.
BCAB Meeting, February 23, 2021:
Board reconvened to discuss prior findingsand recommendation to City Council.
Board Members present were Mark Follis, D. Paul Larson, Pat McCabe, Mike
Mosteit, Maisie Barringer, and Bryan Moore (remote).
The City Attorney’s Office determined that there is not a conflict of interest for
Member Follis to be the chairperson and a member of ICC.
The Board Members declined to vote again and stated they would leave the vote up
to City Council.
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
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:12/13/2021
Requested By:Mayor Louis R. Rigby Source of Funds:
Department:
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:COVID mitigation recognition program
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
To lower the risk of COVID spreadamong staff, customers, and the community,some
organizations have implemented programs to recognize and incentivize employees to
take preventative steps, specifically vaccination. A brief presentation of options for a
potential program at La Porte will be discussed by Council before providing direction to
staff on the creation and implementation for La Porte employees.
ACTION REQUIRED BY CITY COUNCIL
Provide direction to staff regarding a program to recognize and incentivize
COVID risk mitigation steps taken by staff.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
COVID MITIGATION PROGRAM OPTIONS
PRESENTER NAME
PROGRAM OPTIONS –VACCINATION RECOGNITION
Vaccinated employees would be eligible for one or more of the
following:
Monetary award
Paid leave
Paid leave bank specific to future COVID needs
Other ideas
OTHER CONSIDERATIONS
Retroactive and moving forward?
Time based factor impacting recognition?
Eligibility for employees requesting exemptions?
Potential benefits –safer workplace, lower medical costs, less
disruption to operations
Potential costs –budgetary impact, administrative workload
QUESTIONS/SUMMARY
Matt Hartleib
HR Manager
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Louis R. Rigby, Mayor Source of Funds:
Department:Parks & Recreation
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:Ordinance 2021-3856
Budgeted Item:YesNo
Application from Councilperson Bentley
SUMMARY& RECOMMENDATION
Councilperson Bentley has submitted a facility naming application for Fairmont Park
West Park at 9801 Rustic Gate Drive. Per Ord. 2000-2443, upon receipt of such an
-large
to the full Council to consider.
installed apool and playground in the early 1980s; both were removed in 2019 due to
safety issues. Since then, the Parks and Recreation Department has installed a new
monarch-themed playground. A new splash park and Monarch Waystation are to be
installed in 2022. With this in mind, Councilperson Bentley has suggested the name
Monarch Park in his application, but has emphatically reminded staff that this name is
only a suggestion.
The Committee met earlier this afternoon and will present its recommendation, if any.
Should it have a recommendation the Council wishes to act on, Ordinance 2021-3856
is provided for consideration for adoption.
ACTION REQUIRED BY CITY COUNCIL
The Committee met earlier this afternoon and will present its recommendation, if any.
Should it have a recommendation the Council wishes to act on, Ordinance 2021-3856
is provided for consideration for adoption.
ORDINANCE2021-3856
AN ORDINANCE RENAMING FAIRMONT PARK WEST PARK, A PUBLIC PARK
DESCRIBED AS A 1.162-ACRE TRACT OF LAND LOCATED AT 9801 RUSTIC GATE,
TO __________________________________ PARK, AND AMENDING CHAPTER 50
LA PORTE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE HEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: The public park known as Fairmont Park West Park, located at 9801 Rustic Gate,
La Porte, Texas, and legally described as indicated below, is hereby renamed and shall hereinafter
be known as _________________________________ Park:
That certain lot, tract, or parcel of land, known as "Reserve 'A'," containing 1.162
acres, more or less, as shown on the Plat of Section Three (3), FAIRMONT PARK
WEST, as recorded in Volume 270, Page 63, of the Map Records of Harris County,
Texas, reference to which is here made for all purposes.
Section 2: That In GeneralSection 50-2
, subparagraph (1) Qbslt-!ofjhicpsippe;, of the Code of
Ordinances, La Porte, Texas, is hereby amended and shall hereinafter read as follows:
-2. - Parks and park areas defined.
The parks, park areas, park related facilities, and rental facilities which comprise the City of
La Porte Parks System are listed below and their location within the city established.
(1) Parks, neighborhood:
Name of Park Location
th
Fourteenth St. Park 500 North 14Street
Bay Oaks Park 254 Dwire
Brookglen Park 3324 Somerton
Creekmont Park 700 Willow Creek
"D" Street Linear Park 200800 North "D" Street
Glen Meadows Park 5100 Valley Brook
Ohio St. Park 300 South Ohio
Pete Gilliam Park 200 North Holmes
Pfeiffer Park 900 South Virginia
Seabreeze Park 1322 Bayshore Drive
Spenwick Park 19225 Carlow
Tom Brown Park 300 South Lobit
Wood Falls Park 3800 Driftwood
Fairmont Park West Park
9801 Rustic Gate
______________________ Park
Section 3: -18
, subparagraph (1) Qbslt-!
ofjhicpsippe;, of the Code of Ordinances, La Porte, Texas, is hereby amended and shall
hereinafter read as follows:
Sec. 50-18. - Establishing public hours of operation for park use generally.
The City Council for the City of La Porte establishes hours of public operation for all city parks
and park related facilities and rental facilities in the City of La Porte park system. Each park, park
related facility or rental facility in the city park system shall be open to, and be closed to the general
public each day according to the schedule described herein.
The parks, park related facilities, and rental facilities of the City of La Porte Parks System are
classified below and their hours of public operation are as follows, unless written authorization is
given for a special event at the park or facility as provided for in this Ordinance.
(1) Parks, neighborhood:
Name of Park Hours of Operation
Fourteenth St. Park 7:00 a.m.9:30 p.m.
Bay Oaks Park 7:00 a.m.9:30 p.m.
Brookglen Park 7:00 a.m.9:30 p.m.
Creekmont Park 7:00 a.m.9:30 p.m.
"D" Street Linear Park 7:00 a.m.9:30 p.m.
Glen Meadows Park 7:00 a.m.9:30 p.m.
Ohio St. Park 7:00 a.m.9:30 p.m.
Pete Gilliam Park 7:00 a.m.9:30 p.m.
Pfeiffer Park 7:00 a.m.9:30 p.m.
Seabreeze Park 7:00 a.m.9:30 p.m.
Spenwick Park 7:00 a.m.9:30 p.m.
Tom Brown Park 7:00 a.m.9:30 p.m.
Wood Falls Park 7:00 a.m.9:30 p.m.
Fairmont Park West Park
7:00 a.m.9:30 p.m.
______________________ Park
Section 3: 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 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid,
or the application to any person or circumstance for any reasons thereof ineffective or inapplicable,
such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion
or portions, the same shall be and remain in full force and effect and to this end the provisions of
this ordinance are declared to be severable.
Section 5. 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
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 6. This ordinance shall be effective immediately upon passage its passage and approval.
th
PASSED AND APPROVED this, the 13 day of December 2021.
CITY OF LA PORTE, TEXAS
________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ _______________________________________
Lee Woodward, City Secretary Clark Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Corby Alexander, City Manager Source of Funds:
Department:Administration/CMO
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits:City Sponsorship Policy
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
On November 11, 2019, the La Porte City Council
sponsorship of community organizations and activities. The policy stipulates that any
sponsorships in excess of $1,000mustbe approved by City Council.
Frequently, theCity ispresented with opportunities to sponsor/support various
organizations in which the City has a membership or long-term relationship. Often these
supporting opportunities are in the formoftable sponsorships for fund-raising banquets.
A few examples would include the Civic Club, the La Porte Education Foundation, and
the Economic Alliance, among others.The policy does not speak directly to these sorts
of opportunities. Staff is seeking direction on whether the Sponsorship Policy as drafted
is intended to include table sponsorships.
ACTION REQUIRED BY CITY COUNCIL
Provide direction to staff on applicability of current Sponsorship Policy on fund-
raising banquets for organizationswith whichthe City has an existing
relationship.
Approved for the City Council meeting agenda
Corby D. Alexander, City ManagerDate
{ƦƚƓƭƚƩƭŷźƦ tƚƌźĭǤ
L͵LƓƷƩƚķǒĭƷźƚƓ
The purpose of this sponsorship policy is to provide administrators with guidelines when the City
is approached by organizations to support local festivals, special events, community projects or
programs.
The City of La Porte recognizes the value of these partnerships to the community but also its
charge to maintain fiscal responsibility. The following policy has been established to direct when
co-sponsorship or in-kind services can be approved.
LL͵tƚƌźĭǤ
In order to be considered for approval, the opportunity must:
Move forward the mission and goals of the City of La Porte.
Have an entirely filled application form.
Demonstrate value to either the Citizens of La Porte, the La Porte Business Community,
or the area as a whole
Conform to all applicable federal and statestatutes, and to all applicable City ordinances,
policies,and practices.
The sponsorship must not result in any competitive advantage, benefit,or preferential
treatment for the sponsor outside of the sponsorship agreement.
Be presented to City staff at least one month before the opportunity is to take place. If
the City is being asked to participate more than $10,000,the application must be in by
February 15th before the budget year in which the opportunity takes place.
Show the City logo on all materials showing event sponsors.
Get pre-approval of the use of City logo, slogan, branding statement,or quote.
Opportunities receiving money from Local Hotel Occupancy Tax revenues must comply
with state law, show collaboration with at least one localhotel or motel beforehand and
complete an after action report.
Also note:
Sponsorship approvals are made on an annual basis and shall be considered as one-time
approvals.City participation should not be an expected line item in the receiving
organization
The City reserves the right to assess all activities at any time to ensure all rules,
regulations, conditions of use, and City and health and safety laws are not violated.
Sponsorships and in-kind services can be revoked at any time, effective immediately.
The opportunity cannot be held to advocate a political position or figure.
The hosting organization will not discriminate on the grounds of race, religious creed,
color, national origin, ancestry, age, physical disability, mental disability, medical
condition, marital status, sex, or sexual orientation. Further, the organization must agree
to conform to the requirements of the Americans with Disabilities Act.
Religious organizations, companies, or groups may obtain sponsorships if the proposed
program, event, or project neither promotes religious messages nor advocates for or
promotes religious beliefs.
Any sponsorship above $1,000 must be approved by La Porte City Council.
LLL͵ 5ĻŅźƓźƷźƚƓƭ
In-Kind Contributions: Donations of goods, services, or time instead of cash.
Opportunity: The program or event in which the applicant is asking for City participation,
whether it be cash or in-kind.
Sponsorship: When the City decides to donate either cash or in-kind contributions to an
opportunity.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:December 13, 2021
Requested By:Louis R. Rigby, Mayor Source of Funds:
Department:Council
Account Number:
Amount Budgeted:
ReportResolutionOrdinance
Amount Requested:
Exhibits: PowerPoint presentation slides
Budgeted Item:YesNo
SUMMARY& RECOMMENDATION
At special sessions this summer, the Texas Legislature called for two ballot items to be
placed before the voters on the May 7, 2022, uniform election date. This means that
Harris County will be conducting countywide polling during the same period as the City
and LPISD elections.
The two proposed amendments to the Texas Constitution are related to property taxes
and shouldbe of interest to citizens:
-a measure that would authorize the state legislature to reduce the limit on
property taxes imposed on the homesteads of elderly or disabled residents to
reflect any tax rate reduction enacted by law fromthe preceding tax year;
-a measure to increase the homestead exemption for school district property
taxes from $25,000 to $40,000.
Harris County offers countywide voting, meaning that La Porte voters can vote in any
Harris County polling location typically two in the City limits for early voting and eight
on election day, but also all the other locations across the county. They typically use
the Senior Center during early voting, which is not typically a City/LPISD location.
Locations also differ on election day.
Entities can share polling locations, but the City only has enough equipment and spares
for the locations typically used City Hall/ITC for early voting and City Hall/ITC/College
Park on election day. This means there will be confusion about where to vote in which
election and that there will undoubtedly be some (or many) voters who will have to visit
two polling locations to vote in both elections, which is not ideal.
Even if all places for the 2022 City and LPISD races happen to be unopposed,the City
will still have a street tax reauthorization election to hold on May 7, 2022. A typical May
election runs around $35,000. If either of the two LPISD races are opposed, the cost of
the election will be split evenly. If the City chooses to contractwith Harris County, they
now (as compared to the unexpectedly high costs of the 2020 elections) offer a payment
formula based on number of registered voters, it would cost approximately $24,325.30.
ACTION REQUIRED BY CITY COUNCIL
Consider authorizing staff to contract with Harris County for the May 7, 2022,
election.
2022 General & Special
Elections
The decisions to be made are
the
The CSO is ready to move
forward with the direction of
the Council.
-a
-only to have local elections on May 7,
2022.
-therewillalsobeastate
constitutionalamendmentelection
ontheballotthatislikelytobeof
interesttolocalvoters.
TheLegislaturereferredtwoamendmentsto
theballot,bothrelatedtopropertytaxes:
-ameasurethatwouldauthorizethestatelegislature
toreducethelimitonpropertytaxesimposedon
thehomesteadsofelderlyordisabledresidentsto
reflectanytaxratereductionenactedbylawfrom
theprecedingtaxyear
-ameasuretoincreasethehomesteadexemption
forschooldistrictpropertytaxesfrom$25,000to
$40,000
Considerations for a voter
-Harris County typically conducts early voting at the
Senior Center; CoLP/LPISD usually holds early voting at
City Hall and the LPISD ITC.
-Harris County typically holds ED voting at City Hall, the
Senior Center, and schools and churches (8 locations for
Nov. 2021, plus locations in Deer Park).
-CoLP/LPISD usually holds ED voting at City Hall, the LPISD
ITC, and College Park Elementary.
How many locations should you have
to visit to vote in all elections?
-All parties can share polling locations
and still hold separate elections.
-
judiciously extend to additional polling
locations.
There will be at leastone local measure
-CoLPwillhavestreettaxrenewalanduptothree
opposedracesforCouncilseats.
-LPISDmayhavezero,one,ortwoopposed
races.
-EffectiveDec.2,2021,cancelledelectionsshallnotbe
held/novotescast(EC2.053;previouslyrequiredvote
bygoverningbody)
Voter turnout history
May/Nov.
May '21
County)
Total votes cast in
1,05814,329 1,074
160313971049411
election (% of reg.
(5.1%)(69.89%)(5.32%)
voters)
At-large
CoLP & LPISD
Presidential/sopposed race,
races; 40 Opposed at-Fire ESD
tate/county Opposed CoLP street tax 2 opposed
charter large special reauthorizat
Election type
elections; racesauthorization; races
amendmentelectionion
CoLP racesone charter
s
amendment
Votes cast calculations from an at-large race or measure in each election.
Three
options for
consideration.
OPTION 1
EnterintoanelectioncontractwithHarris
County.
Allvoterswillvisitasinglepollinglocationand
willhavemorepollinglocationstochoose
among(LPISDisexpectedtocontractifCoLP
does).
Anticipatedcostapprox.$24,325.30forCoLP.
OPTION 2
CoLP/LPISDholdownjointelectioninregularCoLPpolling
locationsbutaskHarrisCountytooffervotinginthose
locations,too.
Concern:CountywillprobablystillwanttoalsouseSenior
Center&otherschoolsduringearlyvoting.Voterswhogo
tothosefirstwillhavetovisitasecondpollinglocation.
Anticipatedcostapprox.$17,000ifLPISDhasan
election/$35,000ifLPISDcancels(filingends2/18/22).
OPTION 3
CoLP/LPISDholdownjointelectioninregularCoLP
pollinglocations,withoutHarrisCountysharingspace.
Concern:Allvoterswillhavetovisittwolocationsto
voteinbothelections.
Anticipatedcostapprox.$17,000ifLPISDhasan
election/$35,000ifLPISDcancels(filingends2/18/22).
Other cities?
W/County:Humble;JerseyVillage;TaylorLakeVillage;
WestUniv.Place;SouthsidePlace
Maybe:Seabrook(decidinginDec.)
Usingownequipment:NassauBay(nolocalH.C.polling
location);Tomball
Nov.elections:MissouriCity;Bellaire(Nov.odd-#yrs.,
alwayscontract);BeachCity
HC 11/21 polling
Early voting, 2 Election Day, 8 in LP,
locationsbut 11 in area