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HomeMy WebLinkAbout01-10-22 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 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 Councilpersons Mandi Williams andBrandon Lunsfordfrom the December 13meeting, Rules of Procedure, excerptedbelow.Councilperson Williams made the required notification on November 22. Councilperson Lunsfordmade the required notification on December 13. 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 or the City 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, shall be 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 Councilpersons Mandi Williams and Brandon Lunsford 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 DECEMBER 13, 2021 The City Council of the City of La Portemet in a regularmeetingonMonday, December 13, 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,Brent McCaulley, Chuck Engelken,Bill Bentley, Thomas Garza, Jay Martin, Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: Brandon Lunsford,Mandi Williams 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 Minister Rachel Cotton, Agape Centric, Inc.,and pledges wereled byCouncilperson Robbie McLarrin. 3.PRESENTATIONS, PROCLAMATIONS, AND RECOGNITIONS a.Presentation of Houston Yacht Club activities for 2022 by Commodore Farley Fontenot. \[LouisR. Rigby, Mayor\] b.Recognition of citizen and new U.S. Marine Private First Class Lauryn LeGrand.\[Louis R. Rigby, Mayor\] c.Recognition of City employees for years of service. \[Louis R. Rigby, Mayor\] 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.) Frank Hernandezasked for help preventingracing in his residential neighborhoodon Clarksville, perhaps with speed control devices, as well as issues with loud music at the car wash.MarkMatthews spokeon his concerns regardinglocalfloodplain permits. John Mata,Omar Jaimes, Todd Iocco, and Joshua Hollub spoke in support of adoption ofthe UPC/UMCplumbingand mechanicalcodes.Norma Elliottsaid she didn’t feel the Houston Yacht Club events benefitted the citizens. She also expressed concernover the use of thefull amount of the2021 certificates of obligationfor a new city hall. 5.CONSIDERATION OF COUNCILPERSON ABSENCES a.Presentation, discussion, and possible action to consider classification of absence of Councilperson Mandi Williams at the December 13, 2021, City Council meeting, under the City Council Attendance Policy. \[Louis R. Rigby, Mayor\] This item will be handledat the January 10, 2022, meeting. 6. CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a. Approve the minutes of the regular City Council meeting held on November 8, 2021. \[Louis R. Rigby, Mayor\] b. Approve Ordinance 2021-3835 3858regarding amendments to Chapter 94 - 'Floods' of the City of La Porte Code of Ordinances to revise regulations and procedures for appeals and creating a floodplain management appeals board. \[Teresa Evans, Director of Planning & Development\] 2021-3835 was used previously for an election ordinance. 2021-3858 is the correct number and has been placed on the permanent record. c. Approval of $82,932.96 to cover expenses associated with the operation and administration of the Senior Nutrition Program at the Norman Malone Senior Center for Fiscal Year 2021 - 2022. d. Adopt Resolution 2021-66 amending the authorized representatives for TexPool Investment Pool, Resolution 2021-67 amending the authorized representatives for LOGIC Investment Pool, and Resolution 2021-68 amending the authorized representatives for TexSTAR Investment Pool. \[Shelley Wolny, Assistant Finance Director\] e. Adopt Ordinance 2021-3857 approving amendments to the City of La Porte Fiscal Year 2021- 22 Budget. \[Shelley Wolny, Assistant Finance Director\] f. Approve Resolution 2021-69 authorizing amendments to the City of La Porte Investment Policy. \[Shelley Wolny, Assistant Finance Director\] g. Approve rollover of the requested encumbrances from City of La Porte Fiscal Year 2021 budget to the City of La Porte Fiscal Year 2022 budget. \[Shelley Wolny, Assistant Finance Director\] h. Adopt Resolution 2021-65 authorizing the City Manager to sign the TXDOT IDM grant award and other documents for the TXDOT Impaired Driving Mobilization STEP Grant. \[Steve Deardorff, Chief of Police\] i. Authorize the City manager to execute an Interlocal Agreement between the City of La Porte and Harris County for the installation and maintenance of Red Light Enforcement Equipment (Tattle Tale Lights). \[Steve Deardorff, Chief of Police\] j. Authorize the City Manager to enter into Stryker maintenance contracts in the amount of $18,628.20 for cardiac equipment (heart monitors/LUCAS devices) and in the amount of $14,440.80 for patient moving devices (stretchers/stair chairs). \[Lisa Camp, EMS Chief\] k. Approve payment of $21,783.72 to Oakland Land and Development in accordance with Chapter 380 Agreement dated March 27, 2017, between the City of La Porte and Oakland Land & Development, Inc.\[Corby Alexander, City Manager\] l. Adopt Ordinance 2021-3854 for the purpose of vacating, abandoning, and closing a 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 execution and delivery of a deed to adjoining landowner. \[Teresa Evans, Director of Planning & Development\] m. Adopt Ordinance 2021-3855 for the purpose of vacating, abandoning, and closing the H Street right-of-way situated between North Broadway Street and the 8th Street right-of-way, located in Blocks 351 and 352, Town of La Porte, and Blocks 6-8, Nebraska Syndicate, and authorizing execution and delivery of a deed to adjoining landowner. \[Teresa Evans, Director of Planning & Development\] n. Authorize the City Manager to execute an interlocal agreement with Harris County to receive funds for drainage study in connection with for Harris County Flood Control District Bond Project C-57 (Little Cedar Bayou Drainage Improvements). \[Ray Mayo, Director of Public Works\] o. Award Bid #22003 (Sylvan Beach and Seabreeze Pier Repairs) to MB Western Industrial Contracting Co. and authorize the City Manager to execute 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. \[Ray Mayo, Director of Public Works p. Re-appropriate available funds of $500,000.00 to the EMS Headquarters Dorm Addition project and Award Bid #21026 (EMS Headquarters Dorm Addition) 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. \[Ray Mayo, Director of Public Works\] q. Award Bid #22005 for Liquid Chlorine to DXI Industries and authorize the City Manager to execute a one-year contract not to exceed amended budget amounts. \[Ray Mayo, Director of Public Works\] r. Authorize the City Manager to execute a contract with USA Shade & Fabric Structures utilizing BuyBoard Contract #592-19 in the amount of $52,600 for the purchase and installation of shade structures for four (4) exercise pods at Fairmont Park. \[Tim Miller, Director of Parks & Recreation\] s. Adopt Resolution 2021-63 authorizing approval of bid by Michael A. Serrano and Virginia I. Serrano for resale of tax delinquent property described as the Northeasterly 60 feet of Lots 1 & 2, Block 20 of Bay Front Addition to the City of La Porte in Harris County, Texas. \[Laura Reid, Deputy Tax Clerk\] t. Adopt Resolution 2021-64 authorizing approval of bid by Quest Trust Co. FBO Patrick Mulhern Acct. No. 1409012 for the resale of tax delinquent property described as Lots 25 & 26, Block 974, Town of La Porte, Harris County, Texas. \[Laura Reid, Deputy Tax Clerk\] Councilperson Bentley moved to adopt the consent agenda; the motion was seconded by Councilperson Engelken; the motion was adopted, 7-0. 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES a. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid-High Density Residential" to 'Business Industrial'; followed by discussion and possible action to consider adopting Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid-High Density Residential" to 'Business Industrial'. \[Teresa Evans, Director of Planning & Development\] Mayor Rigby opened the public hearing at 7:04 p.m. Owner Tammy Millstid answered questions about the use of the property. Mark Follis spoke as a member of the Planning and Zoning Commission and their review of the application. Mayor Rigby closed the public hearing at 7:32 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3850 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 3.38-acre tract of land located at 11007 W. Fairmont Parkway, legally described as Tract 1H, Abstract 625, R. Pearsall Survey, by changing the land use designation from "Mid-High Density Residential" to 'Business Industrial'; the motion was seconded by Councilperson McCaulley; the motion was adopted, 6-1, Mayor Pro Tem Martin voting against. b. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3851 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21-91000006, to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district; followed by discussion and possible action to consider adopting Ordinance 2021-3851 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21- 91000006 to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district. \[Teresa Evans, Director of Planning & Development\] Mayor Rigby opened the public hearing at 7:46 p.m. There were no public comments. Mayor Rigby closed the public hearing at 7:46 p.m. Councilperson Bentley moved to adopt Ordinance 2021-3851 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Special Conditional Use Permit #21- 91000006, to allow for Business Industrial (BI) uses on a 3.38-acre tract of land, legally described as Tract 1H, Abstract 625 R, Pearsall Survey in the Planned Unit Development (PUD) zoning district; the motion was seconded by Councilperson Garza; the motion was adopted, 6-1, Mayor Pro Tem Martin voting against. c. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3852 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid-High Density Residential"; followed by discussion and possible action to consider adopting Ordinance 2021-3852 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid-High Density Residential". \[Teresa Evans, Director of Planning & Development\] Mayor Rigby opened the public hearing at 7:48 p.m. There were no public comments. Mayor Rigby closed the public hearing at 7:58 p.m. Councilperson Garza moved to adopt Ordinance 2021-3852 amending the City's Future Land Use Map Component of the Comprehensive Plan for an approximately 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte, by changing the land use designation from "Commercial" to "Mid-High Density Residential"; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. d. The City Council will hold a public hearing to receive comments regarding a recommendation by the Planning and Zoning Commission to adopt Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21- 92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte; followed by discussion and possible action to consider adopting Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21-92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte. \[Teresa Evans, Director of Planning & Development\] Mayor Rigby opened the public hearing at 8:00 p.m. There were no public comments. Mayor Rigby closed the public hearing at 8:00 p.m. Councilperson Garza moved to adopt Ordinance 2021-3853 amending the Code of Ordinances of the City of La Porte, Chapter 106 "Zoning" by granting Zone Change #21- 92000003, a change from General Commercial (GC) to Mid Density Residential (R-2) for a 0.27-acre tract of land located at the northeast corner of N. 1st St. and W. Madison St., and legally described as Lots 13-16, Block 108, Town of La Porte; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. The Council recessed from 8:01-8:12 p.m. 8. STATUTORY AGENDA a. Presentation, discussion, 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. \[Lindsay French, Recreation Superintendent\] Councilperson McCaulley moved to approve Phase 2 and ask the La Porte Development Corporation to fund Phase 2 of the La Porte Recreation and Fitness Center renovation plan; the motion was seconded by Councilperson Bentley; the motion was adopted, 6-1, Councilperson Garza voting against. b. Presentation, discussion, and possible action regarding the City of La Porte's adoption of the 2018 International Code Council (ICC) editions and the 2020 National Electrical Code with local amendments. \[Louis R. Rigby, Mayor\] Councilperson Garza moved the staff be clearly directed to return with a better presentation as to a recommendation and involve both sides to the discussion; the motion was seconded by Mayor Pro Tem Martin; the motion was adopted, 6-1, Councilperson Engelken voting against. c. Presentation, discussion, and possible action regarding a COVID mitigation recognition program. \[Louis R. Rigby, Mayor\] No action was taken. d. Presentation discussion, and possible action regarding Ordinance 2021-3856 renaming Fairmont Park West Park. \[Louis R. Rigby, Mayor\] The Mayor noted the Facilities Naming Committee met this afternoon and agreed to recommend renaming the Fairmont Park West Park to Monarch Park. Councilperson McCaulley moved to adopt Ordinance 2021-3856 to rename Fairmont Park West Park to Monarch Park; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. e. Presentation, discussion, and possible action to provide direction to staff on the applicability of the current Sponsorship Policy on fundraising banquets for organizations with which the City has an existing relationship. \[Louis R. Rigby, Mayor\] Councilperson Engelken moved to direct staff to bring back a revised sponsorship policy including that purchases \[tickets/tables\] for functions for organizations of which the City is a member will not require Council approval; the motion was seconded by Councilperson Garza; the motion was adopted, 7-0. 9. ELECTION MATTERS a. Presentation, discussion, and possible action regarding election services for the May 7, 2022, general and special elections. \[Louis R. Rigby, Mayor\] Councilperson McCaulley moved to move forward with contracting with Harris County so all voters will be able to vote at a single polling location; the motion was seconded by Councilperson Bentley; the motion was adopted, 7-0. 10. REPORTS a. Receive report on the La Porte Development Corporation Board meeting. \[Councilperson Engelken\] Councilperson Engelken announced the Committee had met and approved funding for identified budget projects, had approved a project with Battleground Saloon for $27,308, and approved renewing a thirty-six month contract with the Bay Area Houston Economic Partnership. c. Receive report on the Drainage and Flooding Committee meeting. \[Mayor Pro Tem Martin\] Mayor Pro Tem Martin noted the Committee was not able to meet and expects to meet again on January 10. 11. ADMINISTRATIVE REPORTS City Council meeting, January 10 Planning and Zoning Commission meeting, January 20 City Council meeting, January 24 Zoning Board of Adjustment meeting, January 27 City Manager Corby Alexander reported staff will be following up with Mr. Hernandez. He said the City Christmas Party would happen Friday at Sylvan Beach Pavilion. Mr. Alexander said he and Matt Hartleib would be serving pancakes in the morning at 9:30 and invited the Council to join the gathering. 12. 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, Councilpersons, and City staff, for which no formal action will be discussed or taken. Councilpersons congratulated the individuals recognized this evening; expressed appreciation for staff assistance in getting a fencing permit for a resident this week; noted Christmas on Main was fun and had a great turnout and also recognized how hard the Parks and Public Works staff worked; thanked Public Works for new sidewalks in Fairmont Park in District 3; commended U.S. Marine Private Lauryn LeGrand and wished all a safe and very Merry Christmas and a prosperous new year. ADJOURN Without objection, the Council adjourned at 9:48 p.m. _______________________________ Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 015 (General) Requested By:Tim Miller, Director Source of Funds: 015-8080-552-1100 Department:Parks & Recreation Account Number:015-9892-700-9150 ReportResolutionOrdinance Amount Budgeted:$133,920 Amount Requested:$133,920 Exhibits:Access Report, Bid Tabulation, Aztec Remodeling and Landscaping Company Bid Budgeted Item:YesNo SUMMARY& RECOMMENDATION Bid #22004for the Pecan Fence Fabric Replacement was opened and read on November 16, 2021. The Notice to Bidders was advertisedin the Bay Area Observer th on October 28and November 11th, as well as being posted on Public Purchase and the Website. Twenty-six (26)vendors downloaded the bid package and three (3) bids were received. Aztec Remodeling & Landscaping Companywas the low bidder in the amount of $124,000.00and theirreferences have been checked. The Access Report, Bid Tabulation and Bid has been attached as exhibits. This project will include new nine (9)gauge, black coated fencing at all ten (10) ballfields. The low bid was submitted by Aztec Remodeling & Landscaping Company. All bids exceeded the project budget of$93,500funded throughthe Capital Improvement Project (CIP) budget.In an effort to follow through with the project, there is an available balanceof $100,000.00 in CIP contingency funding. Staff is requesting City Council to approve additional funding of $40,420.00 from the CIP contingency budget to cover increased cost and an eight (8) percent contingency. Staff recommends awarding Bid #22004toAztec Remodeling & Landscaping Company inthe amount of $124,000.00and allow an8% construction contingency of $9,920.00. The total authorization for the Pecan Park Fence FabricProject will be $133,920.00. ACTION REQUIRED BY CITY COUNCIL Award Bid #22004to Aztec Remodeling & Landscaping Companyin the amount of $124,000.00for the Pecan Park Fence Fabric Project, with a contingency amount of $9,920, for a total authorization of $133,920.00 Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date /źƷǤƚŅ\[ğtƚƩƷĻ.źķğĬǒƌğƷźƚƓ {ĻğƌĻķ.źķϔЋЋЉЉЍtĻĭğƓtğƩƉCĻƓĭĻCğĬƩźĭwĻƦƌğĭĻƒĻƓƷ AztecRemodeling& CusterFenceLLCSwiftCorporation,LLC LandscapingCompany Item1New9gauge,blackcoatedfabricfencingatall10fields73,500.00$$97,500.00$113,000.00 Item2Laborforinstallingnewfabricfencing$45,500.00$84,350.00$50,000.00 Item3Removalanddisposalofexistingfabricfencingatall10fields5,000.00$$20,800.00$25,000.00 Total124,000.00$$202,650.00$188,000.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 015 (General) Requested By:Tim Miller, Director Source of Funds: Department:Parks & Recreation 015-8080-552-4653 Account Number: $469,508 Amount Budgeted: ReportResolutionOrdinance $469,508 Amount Requested: Exhibits:Genrg Electrical Solutions, LLC Bid, Budgeted Item:YesNo Bid Tabulation. SUMMARY& RECOMMENDATION Bid #22008for the Broadway Trail Lighting Project Phase IIwas opened and read on December 14, 2021. The Notice to Bidders was advertisedin the Bay Area Observer thth on November 18and November 25,as well as being posted on Public Purchase. Thirty eight (38)vendors were notified with twenty two (22) vendorsdownloadingthe bid package. Four (4) bids were received. Genrg Electrical Solutions, LLC, which was the company who completed the Phase I project and did a satisfactory job,was the low bidder in the amount of $426,825. All of theirreferences have been checked. The Access Report, Bid Tabulation, and Genrg Electrical Solutions, LLC bid has been attached as exhibits. The low bid was submitted by Genrg Electrical Solutions, LLC. The bid was lower than the projected budget of $429,172.00 funded throughthe Capital Improvement Project (CIP) budget. Monies left over from Phase 1 will be used to provide for a contingency, Staff recommends awarding Bid #22008 to Genrg Electrical Solutions, LLCinthe amount of $426,825and allow a 10% construction contingency of $42,683which will come from the remaining balance of the phase one project. The phase one project has a remaining balance $88,987. The total authorization for the BroadwayTrail Lighting ProjectPhase II will be $469,508. ACTION REQUIRED BY CITY COUNCIL Award Bid #22008to Genrg Electrical Solutions LLCin the amount of $426,825 for the Broadway Trail Lighting Project Phase II, with a contingency amount of $42,683, for a total authorization of$469,508. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Bid Tabulation to Sealed Bid #22008 - Broadway Trail Lighting Project, Phase II Florida Traffic Genrg Electrical Highway Intelligent Pfeiffer & Son, Ltd. Total Base Bid $559,470.35$426,825.00$496,293.12$532,650.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 N/A Requested By:Cherell Daeumer, Manager Source of Funds: Department:Finance/Purchasing N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance N/A Amount Requested: Exhibits: TIPS Interlocal Agreement Budgeted Item:YesNo SUMMARY& RECOMMENDATION Per the Interlocal Cooperation ACT, V.C.T.A Government Code, Chapter 791, government entities may enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing supplies and services. The Interlocal Purchasing System (TIPS) is designed to give its members additional awarded contract tools to assist their entities in meeting bidding requirements. All awarded contracts through TIPS have been through a competitively bid process that comply with all State purchasing laws. Staff is requesting approval to enter into anInterlocal Agreement with TIPS to utilize cooperative purchasing contracts. There is currently a contract for vehiclesthat Staff has identified, which is a separate agenda item for consideration. There is no membership fees to be a member of TIPS. ACTION REQUIRED BY CITY COUNCIL Approval to execute an Interlocal Agreement with The Interlocal Purchasing Systemto utilize cooperative contracts. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate AN INTERLOCALAGREEMENT Between Region8 Education ServiceCenter anda TEXASPUBLIC ENTITY OR LOCALGOVERNMENT (School, College, University, State, City,County, orOtherPoliticalSubdivision) - TEXAS PUBLICENTITY NAMEControl Number(TIPSwillAssign) Schools enterCounty-DistrictNumber Region8 Education ServiceCenter225 -950 Pittsburg,TexasCounty-DistrictNumber TexasEducationCode§8.002permitsregionaleducationservicecenters,atthedirectionofthe Commissionerof Education, to provideservices toassist school districts, collegesanduniversities in improvingstudent performanceand increasingtheefficiencyandeffectiveness of school,college and universityoperations. AuthorityforanInterlocalagreement to providesuch services isgranted under Texas Government Code§ 791 et seq as amended.CooperativePurchasing Services under this agreement areextended to all Texas State, Cityor CountyGovernment Agencies, oranyotherlegallyeligibleLocal Government Entityasdefined in theTexas Government Code§791.003. ThisInterlocal Agreement (hereinafter theAgreement) iseffectiveand shallbe automaticallyrenewed unless either partygives sixty(60)days prior written noticeofnon- renewal.ThisAgreementmaybeterminatedwithoutcausebyeitherpartyupon(60)daysprior writtennotice,ormayalsobedeterminedforcauseatanytimeuponwrittennoticestatingthe reasonforandeffectivedateofsuchterminationsandaftergivingtheaffectedpartyathirty(30)day period to cureanybreach. Statement ofServices to bePerformed: Region8 Education ServiceCenter, bythis Agreement, agrees to providecooperativepurchasingservices to theabove-named publicentitythroughaProgram known asTheInterlocalPurchasingSystem (TIPS) Program. Thepurposeof theTIPSProgram shall betoimproveprocurement processefficiencies andassist in achievingbest valueforparticipatingSchoolDistrict, University, College,CommunityCollege, City, Countyor Other Public Agenciesthrough cooperativepurchasing. Roles ofthe TIPSPurchasingCooperative: Provideforthe organizational structureof theprogram. Providestaff forefficientoperation oftheprogram. Promote marketingof theTIPS Program. Coordinate theCompetitivelyBid ProcessforallVendorAwardedContracts. Providemembers with proceduresforplacingorders through TIPSPOSystem. Maintain filingsystem for DueDiligenceDocumentation. Collect fees from vendors to support thecostsof operations of TIPS. Roleofthe PublicEntity: Committo participateinthe program byanauthorized signatureon membershipforms. Designate aPrimaryContact and SecondaryContact forentity. Region8ESCTIPSInterlocal Agreement forTexasMembersRevised 2-27-2017-RP Page Њ of Ќ Committo purchaseproducts and services from TIPSVendors when in thebest interestof the entity. Submit PurchaseOrdersand/or VendorContractsthroughthe TIPSPO System byemailingthe pdf document to tipspo@tips-usa.com. Accept shipments of products orderedfrom Awarded Vendors. Process Payments to Awarded Vendors in atimelymanner. GeneralProvisions: ThePartiesagreetocomplyfullywithallapplicablefederal,state,andlocalstatutes,ordinances, rules, andregulationsinconnectionwiththeprogramscontemplatedunderthisAgreement.This Agreement is subject to allapplicable presentand futurevalid laws governingsuchprograms. This Agreement shallbegoverned bythe law oftheStateof Texas and venueshallbein thecountyin which the administrativeoffices of RESC8 arelocated which is Camp County,Texas. ThisAgreementcontainstheentireagreementofthePartiesheretowithrespecttothematters covered byits terms,anditmaynot be modified in anymannerwithoutthe express written consentof the Parties. Ifany term(s)orprovision(s)ofthisAgreementareheldbyacourtofcompetentjurisdictiontobe invalid, void, orunenforceable, theremainder of theprovisions of this Agreement shallremain infull forceandeffect. ThePartiestothisAgreementexpresslyacknowledgeandagreethatallmoniespaidpursuanttothis Agreement shallbepaidfromlegallyappropriatedandbudgeted available funds forthe current fiscalyear of eachsuch entity. No jointlyowned propertyshallbecreated bythis agreement and, therefore,no provision to dispose of jointlyheldpropertyis required. Beforeanypartymayresort to litigation, anyclaims, disputes or other matters in question between the Parties to this Agreementshallbesubmitted to nonbindingmediation. Thesiteof themediation shallbe in Camp County, Texasor asitemutuallyagreedbythe parties. Theselection of themediator shallbe mutuallyagreed. Thecost of mediation shallbeshared equally. No Partyto this Agreement waives orrelinquishes anyimmunityor defenseon behalfof themselves, theirdirectors,officers,employees,andagentsasaresultofitsexecutionofthis Agreement and performanceof thefunctions and obligations describedherein. This Agreement maybenegotiated and transmitted between the Parties byelectronicmeans andtheterms and conditions agreed to arebindingupon the Parties. Authorization: Region8 Education ServiceCenterand TheInterlocal PurchasingSystem (TIPS) Programhaveentered Region8ESCTIPSInterlocal Agreement forTexasMembersRevised 2-27-2017-RP Page Ћ of Ќ into an Agreement to provide cooperative purchasing opportunities to public agencies. ThisAgreementwasapprovedbythegoverningboardsoftherespectivepartiesatmeetingsthatwere posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. (If required by the entity.) The individuals signing below are authorized to do so by the respective parties to this Agreement. Member Entity: Purchasing Cooperative Lead Agency: Region 8 Education Service Center Entity or District Name By: By: Authorized Signature Authorized Signature Dr. David Fitts Title: Executive Director Region 8 ESC Print Name: Title: Date Date Public Entity Contact Information Primary Purchasing Person Name Fax Number Street Address Primary Person Email Address Secondary Person Name City, State Zip Secondary Person Email Address Telephone Number The state of Texas requires an Interlocal Agreement be approved by the respective entities governing board. You may email completed Interlocal Agreement to tips@tips-usa.com. Region 8 ESC TIPS Interlocal Agreement for Texas MembersRevised 2-27-2017 - RP Page Ќ of Ќ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 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: Ordinance2022-3859, Deed, Area Budgeted Item:YesNo Map, Appraisal Summary SUMMARY& RECOMMENDATION The City of La Porte Planning & Development Department received an application from Darryl Schroeder of Maverick Construction, on behalf of Esco International Trading, LLC; th to vacate, abandon and close the eastern forty (40) feetof the North 18Streetright-of- way located between the Tyler Street and WestMadison Streetrights-of-way, located in Blocks 654 and 655, Town of 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. Southern Pacific Railroad Company, the only other adjacent property owner, decided not to participate in the closurerequest and did not authorize conveyance of their portion of the described th North 18Streetright-of-way.Due to Southern Pacific Railroads lack of participation, the applicant is only requesting theclosure of the eastern half (40feet) of the eighty (80) foot right-of-way. The total area of the requested closure is 16,000square feet. The area to be closed and abandonedwill be incorporated into the existing development to the east. Planning staff hasdetermined 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. In accordance with Sections 62- an appraisal of the subject right-of-wayto establish fair market value. The appraisal report established a value of $2.00per square foot. The applicant has submitted closing fees in the amount of $32,000(16,000sq. ft. x $2.00) 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- th 25000007, vacating, abandoning and closing the eastern 40 feetof the North 18Street right-of-waylocated between the Tyler Street and West Madison Streetrights-of-way, located in Blocks 654 and 655, Town of La Porte ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinance 2022-3859 for street and alley closure request #21- th 25000007, vacating, abandoning and closing the eastern 40 feet of the North 18 Street right-of-way located between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, 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. 2022-3859 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE EASTERN FORTY (40) FEET OF THE NORTH 18TH STREET RIGHT-OF-WAY, SITUATED BETWEEN THE TYLER STREET AND WEST MADISON STREET RIGHTS-OF-WAY, LOCATED IN BLOCKS 654 AND 655, 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 th the property abutting the eastern forty (40) feet of the North 18 Street right-of-way situated between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, to vacate, abandon and close said right-of way, and; WHEREAS, the City Council of the City of La Porte has determined and does hereby find, th determine, and declare that the eastern forty (40) feet of the North 18 Street right-of-way situated between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the eastern forty (40) feet of the North th 18 Street right-of-way situated between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, is for the protection of the public and for the public interest and benefit, and that the eastern forty (40) feet th of the North 18 Street right-of-way situated located between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, 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 th Local Government Code, the eastern forty (40) feet of the North 18 Street right-of- way situated between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, 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 CONTAINING 0.3673 ACRES OF LAND LOCATED ALONG THE J. HUNTER SURVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE EAST ONE-HALF (1/2) OF NORTH 18TH STREET, AN 80 FOOT WIDE RIGHT-OF-WAY (R.O.W.)(UNIMPROVED), SITUATED BETWEEN WEST MADISON STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED), IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES FURTHER BEING LOCATED WEST OF AND ADJACENT TO THE BLOCK 654, MAP OF LA PORTE, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 462 OF THE HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0.3673 ACRES BEING MORE 2 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, BASED ON OPS OBSERVATIONS): COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map of La Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304.00 feet; THENCE, with the east R.O.W. line of said North 18th Street, the following two (2) courses: 1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at the southeast intersection of said North 18th Street and aforesaid West Madison Street; 2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the northeast intersection of said North 18th Street and aforesaid Tyler Street; THENCE, through and across said North 18th Street and with the north R.O.W. line of said Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the centerline of said 18th Street; THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners'' set on the south R.O.W. line of said West Madison Street; THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or less. 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 th necessitated by the request to abandon the eastern forty (40) feet of the North 18 Street right-of-way situated between the Tyler Street and West Madison Street rights- of-way, located in Blocks 654 and 655, Town of La Porte, and containing 16,000 square feet, as described in this Ordinance, plus compensation for the market value of 3 such abandoned property in accordance Chapter 62 of the City of La Porte Code of Ordinances. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 8. If any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of the ordinance. Section 9. This ordinance shall be effective from and after its passage and approval, and it is so ordered. th PASSED AND APPROVED THIS 10 day of JANUARY 2022. 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: January _____ 2022 Grantor: CITY OF LA PORTE, TEXAS, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: ESCO INTERNATIONAL TRADING, LLC Mailing Address: 2600 S. Loop W. Suite 300N Houston, TX 77054 Consideration: Ten and No/100 Dollars ($10.00) cash and other good and valuable considerations Property: (including any improvements): th Being the eastern forty (40) feet of the North 18 Street right-of-way situated located between the Tyler Street and West Madison Street rights-of-way, located in Blocks 654 and 655, Town of La Porte, and containing a total of 16,000 square feet, and be more fully described as follows: BEING A TRACT CONTAINING 0.3673 ACRES OF LAND LOCATED ALONG THE J. HUNTER SURVEY, A-35, IN HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES BEING THE EAST ONE-HALF (1/2) OF NORTH 18TH STREET, AN 80 FOOT WIDE RIGHT-OF-WAY (R.O.W.)(UNIMPROVED), SITUATED BETWEEN WEST MADISON STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED) AND TYLER STREET, A 60 FOOT WIDE R.O.W. (UNIMPROVED), IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS. SAID 0.3673 ACRES FURTHER BEING LOCATED WEST OF AND ADJACENT TO THE BLOCK 654, MAP OF LA PORTE, A SUBDIVISION RECORDED IN VOLUME 58, PAGE 462 OF THE HARRIS COUNTY DEED RECORDS (H.C.D.R.). SAID 0.3673 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, BASED ON OPS OBSERVATIONS): COMMENCING at a 5/8 inch iron rod found at the northwest corner of Block 618 of said Map of La Porte, being at the southeast intersection of said North 18th Street and West Barbours Cut Boulevard (80 foot width), and from which a 3/4 inch iron rod found at the northwest corner of Block 614 of said Town of La Porte bears North 86 degrees 54 minutes 56 seconds East, 1,304ft; THENCE, with the east R.O.W. line of said North 18th Street, the following two (2) courses: 1.) South 03 degrees 05 minutes 04 seconds East, a distance of 940.00 feet to a 5/8 inch iron rod found at the POINT OF BEGINNING, the northwest corner of aforesaid Block 654 and being at the southeast intersection of said North 18th Street and aforesaid West Madison Street; 2.) South 03 degrees 05 minutes 04 seconds East, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the southwest corner of said Block 654 and being at the northeast intersection of said North 18th Street and aforesaid Tyler Street; THENCE, through and across said North 18th Street and with the north R.O.W. line of said Tyler Street, South 86 degrees 54 minutes 56 seconds West, a distance of 40.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners" set at the centerline of said 18th Street; THENCE, with said centerline, North 03 degrees 05 minutes 04 seconds West, a distance of 400.00 feet to a 5/8 inch capped iron rod stamped "GBI Partners'' set on the south R.O.W. line of said West Madison Street; THENCE, with said south R.O.W. line, North 86 degrees 54 minutes 56 seconds East, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.3673-acre of land, more or less. 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 January 2022 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 #21-250000007 N. 18th St. Legend Proposed ROW Closure This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 100 feet SEPTEMBER 2021 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) R.C.Chuoke&Associates,Inc. Appraisers&Consultants P.O.Box1447Office2813389633 LeagueCity,Texas77574Fax2813389533 October 4, 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 th Known as +-16,000 square feet of land out of the North 18 Street ROW which is an unopened street right of way situated between West Madison Street and West Tyler 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/self contained appraisal report. The subject th property is a portion of unopened North 18 Street Right of Way is described by the survey as a total of +-0.3673 acres or 16,000 square feet of land area. This right of way to be abandoned is 40 feet X 400 feet. This right of way is located situated between West Madison Street and West Tyler 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 light industrial property uses. The adjacent and nearby properties on appear to be zoned for light industrial use by the City of La Porte. … Page 3…. 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 20, 2021 and last site inspection is September 20, 2021. The date of the report is October 4, 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 $0.95 PSF to over $4.00 PSF was noted. After adjustments, it is my opinion the estimated unit value range for the subject property would be a unit value of $2.00 PSF. Therefore the unit market value of the subject tract is estimated at $2.00 PSF or a total of $38,000, 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 Agenda Date Requested:January 10, 2022 Requested By:Ray Mayo, Director Source of Funds:001 General Fund Department:Public Works Account Number:001-7072-532-1010 Amount Budgeted:$96,290.00 ReportResolutionOrdinance Amount Requested:$96,290.00 Exhibits:Bid Tabulation 22006, Access Report, Bid Budgeted Item:YesNo from Labor Finders SUMMARY& RECOMMENDATION City of La Porte Bid #22006-Temporary Labor Services was opened on November 30, 2021.Forty(40) vendors downloaded the bid documents resulting in one (1) vendor submitting a bid.L.C. Personnel, DBALabor Finderssubmitted abid with the billing rate of $19.25perhour.The initial contract term is for one year with the potential of three (3) additional one-year terms. La Porte Public Works routinely utilizes 2-4 temporary-help employees in the Solid Waste Division. The use of temporary workersforfilling open positions, employees on vacation, sick and bereavementleave is an effective tool to maintain staffing for the position.When garbage collection increases, such as following a holiday, temporary staffing allows us to place five (5) collection vehicles on the route, compared to four (4). Requests for temporary labor are typically made 24 hours in advance, but also can be made for an immediate need. Total expenditures for temporary workers in FY21 was $77,537.10.The permanent full- time Solid Waste Worker total salary and benefits equal $23.15 per houras outlined below; Annual Salary$27,560.00 FICA $2108.65 TMRS $4448.83 Medical Insurance $10422.00 Life Insurance $28.80 Workers Comp $387 Total $48145 divided by 2080 hours = $23.15 An additional benefit is that workers from the temporary agency, once trained and evaluated, can hire into open positions as they become available and the employment term for the staffing service has been satisfied. Two of our current full-time solid waste workers were hired from the temporary staffing service. One Solid Waste Worker position was vacated in 2011 and has remained unfilled. That position is purposely filled with temporary staffing. The annual cost to fill a Solid Waste Worker position with a temporary position based on an average 30-hour work week at $19.25 per hour is $30,030.00. This results in a savings of $18,115.00 per year per full time position filled with temporary workers. The billing rate of $19.25 is an increase of the previous rate of $15.68, which equates to a 22-percent increase. In turn, the actual pay to the worker increases from $9.50 to $11.00 per hour (15.8-percent increase). Budgeted funds are available from the divisional personnel budget. Staff recommends acceptance of the bid from Labor Finders. This service provider has demonstrated the ability to consistently provide temporary workers to La Porte since March of 2013. Benefits: Utilizing temporary work staff allows the Solid Waste Division to fill in for employees out on leave and position vacancies. Operating cost savings compared to regular full-time position. Training and evaluation for potential hires Liabilities: Lack of availability for temporary workers would result in other full-time staff having to fill Solid Waste Worker as-needed until position can be filled. ACTION REQUIRED BY CITY COUNCIL Award Bid #22006 to L.C. Personnel, DBA Labor Finders at a billing rate of $19.25 per hour and authorize the City Manager to enter into a service contract for the initial one-year service term. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date BID TABULATION- SEALED BID #22006 TEMPORARY LABOR SERVICES L.C. Personnel, dba Labor Finders Mark Up (%)Hourly Rate Billed to City ItemDescriptionHourly Rate Paid to Employee 1Solid Waste Woker$11.0075%$19.25 Access Report AgencyCity of La Porte (TX) Bid Number22006 Bid TitleTemporary Labor Services Vendor NameAccessed First TimeDocuments School Wholesale Supplies LLC2021-11-11 10:51 PM CSTBid 22006 Temporary Labor Ser Securecheck360, LLC2021-11-12 12:17 AM CSTBid 22006 Temporary Labor Ser Abacus Corportation2021-11-11 11:28 AM CSTBid 22006 Temporary Labor Ser COGENT Infotech Corporation2021-11-11 12:42 PM CSTBid 22006 Temporary Labor Ser vTech Solution Inc.2021-11-11 11:54 AM CSTBid 22006 Temporary Labor Ser SUNSHINE ENTERPRISE USA2021-11-12 03:35 PM CSTBid 22006 Temporary Labor Ser SoftHQ, Inc2021-11-18 12:37 PM CSTBid 22006 Temporary Labor Ser PWXPress2021-11-11 11:18 AM CSTBid 22006 Temporary Labor Ser Blue Arbor2021-11-12 11:12 AM CSTBid 22006 Temporary Labor Ser Search and Staff2021-11-14 10:33 PM CSTBid 22006 Temporary Labor Ser Little Dimples II Corp.2021-11-11 12:41 PM CSTBid 22006 Temporary Labor Ser Synergetic Staffing LLC2021-11-11 12:27 PM CSTBid 22006 Temporary Labor Ser A & Associates2021-11-15 08:40 AM CSTBid 22006 Temporary Labor Ser JMAC GROUP LLC2021-11-18 07:57 AM CSTBid 22006 Temporary Labor Ser Kirkman Beck, LLC2021-11-11 11:28 AM CSTBid 22006 Temporary Labor Ser Colliers Engineering & Design2021-11-17 09:36 AM CSTBid 22006 Temporary Labor Ser Sevenoutsource2021-11-15 03:33 AM CSTBid 22006 Temporary Labor Ser Recruiting Source International LLC2021-11-11 11:29 AM CSTBid 22006 Temporary Labor Ser Onvia2021-11-11 01:03 PM CSTBid 22006 Temporary Labor Ser lnstantServe LLC2021-11-12 07:39 AM CSTBid 22006 Temporary Labor Ser Siter-Neubauer & Associates2021-11-11 02:17 PM CSTBid 22006 Temporary Labor Ser ITSQuest, Inc.2021-11-11 01:36 PM CSTBid 22006 Temporary Labor Ser ATA Services, Inc.2021-11-12 02:15 PM CSTBid 22006 Temporary Labor Ser DatamanUSA, llc2021-11-11 12:31 PM CSTBid 22006 Temporary Labor Ser Pedigo Staffing Services2021-11-12 02:14 PM CSTBid 22006 Temporary Labor Ser Octagon Consulting, LLC2021-11-15 11:37 AM CSTBid 22006 Temporary Labor Ser RFx Analyst2021-11-11 03:42 PM CSTBid 22006 Temporary Labor Ser SmartProcure2021-11-12 03:30 AM CSTBid 22006 Temporary Labor Ser Perkens WS Corporation2021-11-14 10:56 PM CSTBid 22006 Temporary Labor Ser Vaspa2021-11-17 12:45 PM CSTBid 22006 Temporary Labor Ser At Work Staffing, Inc.2021-11-11 12:53 PM CSTBid 22006 Temporary Labor Ser ExecuTeam Staffing2021-11-15 06:48 PM CSTBid 22006 Temporary Labor Ser Excelsior Staffing2021-11-11 11:27 AM CSTBid 22006 Temporary Labor Ser RADgov, Inc.2021-11-11 03:48 PM CSTBid 22006 Temporary Labor Ser HENECO ENGINEERING AND CONSULTING2021-11-15 07:48 PM CSTBid 22006 Temporary Labor Ser Cambay Consulting LLC2021-11-11 02:45 PM CSTBid 22006 Temporary Labor Ser SHC Services, Inc.2021-11-12 04:24 PM CSTBid 22006 Temporary Labor Ser LC PERSONNEL DBA LABOR FINDERS2021-11-11 12:11 PM CSTBid 22006 Temporary Labor Ser Detail Construction 2021-11-16 02:50 PM CSTBid 22006 Temporary Labor Ser Rose International, Inc.2021-11-11 12:40 PM CSTBid 22006 Temporary Labor Ser rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf rvices.pdf REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 Requested By:Ray Mayo, Director Source of Funds:009-Motor Pool Department:Public Works Account Number:009-5253-521-8050 Amount Budgeted:82,554.00 ReportResolutionOrdinance Amount Requested:75,188.50 Exhibits:October 11, 2021 Agenda Request, October Budgeted Item:YesNo 11, 2021 Minutes, Notification from Grapevine Dodge, Updated Quote for V6 AWD Chargers, Quote from Lake Country Chevrolet SUMMARY& RECOMMENDATION City Council awarded the purchase of five (5)Dodge Chargers to Grapevine Dodge th Chrysler JeepRamat the October 11City Council meeting. Following the award, Equipment Services staff wasnotified by the dealer of unexpected inventoryand production changes that would limitus to accept all-wheel drive models for all five (5) Dodge Charger replacements. La Porte Police Department staff was made aware ofthe changes and had concerns oftheV6 all-wheel-drive (AWD) vehicles being utilized in an aggressive driver enforcement application. To alleviate the concerns, PD staff has requestedto change two (2) of the Chargers to rear-wheel drive Chevrolet TahoePPVs. The three (3) remaining AWD Chargers have a price increase of $2,262.00 each. VENDORBUDGET ITEMBUDGETED BIDUSER AMOUNT Lake Country 2 ea. Chevrolet $82,554$75,188.50PD Patrol ChevroletTahoe PPV Benefits: Vehicle meets the needs of the department. The PPV Tahoes arein-stock. Liabilities: The V6 all-wheel drive did not meet the required specification. Miscellaneous: a) The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund. b) The budgeted amount listed in the table for the replacement vehicles represents the total funds deposited by each department through FY 2020-21 in the form of lease fees paid by the department over the lease term designated for each vehicle. c) The amounts listed in the table for vehicles/equipment are the funding amounts approved by Council for the FY 2021-22 budget for equipment replacement. Each division will pay lease fees over the life of the units to establish a funded amount for future replacements. d) The balance remaining (funded amount minus replacement costs) either remains in the divisional motor pool account to pre-fund a portion of the replacement vehicle or is sometimes utilized by the division for up-fitting equipment. (e.g. light bar, trailer hitch, patrol unit up-fitting). Staff recommends an approval of an Interlocal Agreement with the cooperative purchasing group, TIPS USA, and this change which would reduce the previously awarded amount to Grapevine Dodge Chrysler Jeep Ram to $94,366.00 from the previous City Council approved amount of $145,730.00, and the purchase of two (2), in- stock Chevrolet Tahoes from Lake Country Chevrolet under cooperative purchasing contract 210907, in the amount of $75,188.50. The result is a net increase of $23,824 above the previously awarded amount for the (5) five vehicles. ACTION REQUIRED BY CITY COUNCIL Approve a reduction of $51,364 from amount previously awarded to Grapevine Dodge Chrysler Jeep Ram and award a purchase of (2) two Chevrolet Tahoe PPVs to Lake Country Chevrolet in the amount of $75,188.50. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 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: Ordinance2022-3860, P&Z Letter of Budgeted Item:YesNo Recommendation, Area map, zoning map, futureland use map, andapplicant information SUMMARY& RECOMMENDATION Ammar J M Ghanim, the applicant,on behalf of Angel Gonzalez, the owner,requests approval of a Zone Change from the Main Street Overlay (MSO) zoning districtto the Main Street (MS) zoning district. The 0.344-acre site is located at the 300 Block of East Main St., and is legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas. The siteis currently undeveloped.The future land use map (FLUP) reflects a Main Street (MS)use for this site that is consistent with the proposed zone change. The applicant proposes to construct two (2) single familyresidential homeson the property. Under the current MSOzoning district, residential uses are prohibitedunless part of a mixed commercial development and located on the second floor.The MS zone would permit single family residential but would still retain the design guidelines of the MSO zoning district. A zone change from MSOto MSis required to facilitate theconstruction of the proposed residential homes. The Planning & Zoning Commission held apublic hearing on this item at their November 18, 2021 regular meeting.At the public hearing, one neighbor of the subject property spoke in favor of the proposed zone change. The Commission voted on a motion to recommend approval of the zone change request, as presented.The vote was 8-0, and the item wasapproved. Staff mailed11public 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 Ordinance 2022-3860 for Zone Change request #21-92000004, a request by Ammar J M Ghanim, applicant; on behalf of Angel Gonzalez, owner; for approval of a zone change from Main Street Overlay (MSO) to Main Street (MS), on a 0.344-acre (15,000 square feet) tract of land located at the 300 Block of East Main St.; legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3860 AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 0.344-ACRE TRACT OF LAND LOCATED AT THE 300 BLOCK OF EAST MAIN STREET, AND BEING LEGALLY DESCRIBED AS LOTS 23- 25 AND E ½ OF LOT 26, BLOCK 196, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM MAIN STREET OVERLAY (MSO) TO MAIN STREET (MS); 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 November 18, 2021, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS), following lawful publication of the notice of said public hearing; and WHEREAS, on November 18, 2021, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS) be approved; and WHEREAS, on January 10, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS); 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 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS) 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 0.344-acre tract of land located at the 300 Block of East Main Street and legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Main Street Overlay (MSO) to Main Street (MS). 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 fee 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 10 day of JANUARY, 2022. 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 November 19, 2021 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #21-92000004 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the November 18, 2021 meeting on a zone change request by Ammar J M Ghanim, applicant; on behalf of Angel Gonzalez, owner; for a zone change of property legally described as Lots 23-25 and E ½ of Lot 26, Block 196, Town of La Porte, Harris County, Texas, from Naib Street Overlay (MSO) to Main Street (MS). The site is a 0.344-acre tract of land located at the 300 block of East Main St. The Commission voted 8-0 on a motion to recommend approval of 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 #21-92000004 300 Block E.Main St. 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 Houston-Galveston Area Council (H-GAC) MSD Zoning Map R-2 Zone Change #21-92000004 300 Block E. Main St. GC Legend Subject Tract MSDO 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 MSD 1 inch = 50 feet JANUARY 2021 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) MHDR FLUP Map Zone Change #21-92000004 MS 300 Block E. Main St. COM Legend Subject Tract This product is for informational LDR 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 JANUARY 2021 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 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;Opinion of Cost; Inter-local Budgeted Item:YesNo Agreement; GLO Award Notice SUMMARY& RECOMMENDATION The Brookglen Subdivision is comprised of approximately 464 residential structures. Dating back to June 1981, during each significant rain event, there have been more than 100 flood-related FEMA insurance claims within the subdivision. According to the 2009 Citywide Drainage Study,local storm water collection system has a three-year level of service, which contributes to local flood risks within the project area. The 2009 study also recommended several drainage improvement projects,intendedto reduce flood risks within the Brookglen Subdivision. The Brookglen Subdivision Drainage Improvements Project is the highest prioritized drainage project,as ranked by the Drainage Committee at the August 13, 2018 Drainage Committee Meeting. After much coordination between City Staff and Harris County Staff, a combination of projects have been identified to mitigate flooding within the subdivision. Utilizing land acquired through flood-related buyouts, Harris County Flood Control District (HCFCD) intends to construct detention basins within the subdivision. Taking advantage of the additional storage capacity provided by the detention ponds, the City of La Porte plans to increase the capacity of the local storm sewer system, by increasing storm sewer pipe sizes throughout the southern half of the subdivision. Ancillary infrastructure improvements to be constructed as part of this project includes: replacing existing asbestos-concrete water lines with new PVC water throughout the project area. As separate projects, two additional detention ponds, south of Fairmont Parkway, are also planned to be constructed to complement the aforementioned projects. The City of La Porte has submitted a Partnership Project Application for the Brookglen Subdivision Drainage Improvements Projectto Harris County for funding consideration. The estimated total project cost is $11,940,009.88, including engineering, material testing, and construction. Funding sources for this project include the City of La Porte, Harris County, and the Texas General Land Office, with each expecting to contribute $5,041,217.54; $2,900,023.28; $3,998,769.06, respectively (ref. Exhibit B).An inter- contribution of $2,900,023.28 for drainage related components associated with the Brookglen Subdivision Drainage Improvement Project. Benefits: Project reduces flood risks within the Brookglen Subdivision. Makes progress towards the implementation/construction of several projects identified to reduce flooding within the Brookglen Subdivision. Project addresses recommended drainage improvement identified in 2008 City-Wide Drainage Report; 2019 HCFCD Investigation of an Alternative to Reduce Brookglen Area Flooding Phase 3 Report. Project identified in Hazard Mitigation Action Plan. Funding from Harris County allows project to be fully funded sooner. Liabilities: City would fully fund this scope of work. Flood risks are prolonged until project is fully funded. The Drainage Committee is expected to discuss this item at the January 10, 2022 meeting and provide a recommendation to City Council at the time of the January 10, 2022 City Council meeting. Staff recommends entering into an Interlocal Agreement with Harris County to receive funds for Brookglen Subdivision Drainage Improvement Project. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to enter into an Interlocal Agreement with Harris County to receive funds for the Brookglen Subdivision Drainage Improvement Project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date FYIJCJU!B CSPPLHMFO!TVCEJWJTJPO!ESBJOBHF!JNQSPWFNFOUT Legend Channel System OPEN STORM SEWER HISTORICAL Highways - Regional Freeway Major SH99 GRAND PARKWAY STAR*Map® Basemap Labels STAR*Map® Basemap FREEWAY FRONTAGE TOLLWAY HOV RAMP MAJOR LOCAL PRIVATE PROPOSED Parcels - Harris County Harris County Boundary Other County Boundaries County Vicinity Map Qspkfdu!bsfb Notes The roadway data used in this map are derived from the STAR*Map®. STAR*Map is a registered trademark of the Houston-Galveston Area Council and the Geographic Data Committee. Key Map® and the Key Map Unique Grid® are registered trademarks of Key Maps, Inc. and are protected by Federal Trademark law. Any use of the Key Map Unique Grid must have the written authorization of Key Maps, Inc 1:9,028ft 8/3/2021 HCFCD Agreement Number 2022-102 INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, h WITNESSETH: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, hereinafter referred to as the the document attached hereto as Exhibit A; and WHEREASage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 ( ) toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 () toward the shared cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: I. Within forty-five (45) days of the execution of this Agreement by both parties, the District shall pay the City ($2,900,023.28) as the District Contribution toward the cost of the Project. The City and the Texas General Land Office will pay the remaining cost of the Project. If the City does not receive the GLO funds or receives only a portion of them, the City and the District may decide to make up for the lost funds. The City and the District, upon approval of their respective governing bodies, will each pay half of any lost GLO funding; however, the District will not pay for any non- drainage components of the Project costs that were to be covered by GLO funding. -1- HCFCD Agreement Number 2022-102 II. The City will award the construction contract for the Project in accordance with competitive bidding Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed the issues presented and reached an agreement on how or whether to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with environmental contamination at the Project site. If this Agreement is terminated by the City because of environmental contamination discovered at the Project Site, the City will be responsible for all costs of the Project, including reimbursement to the District for Project costs already paid out of the District Contribution, to the point of termination. III. The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman-owned businesses (M/WBEs) a fair and equal opportunity to , as allowed by law. Nothing in this paragraph is intended to conflict with any federal M/WBE requirements. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to the District for review and approval. The District shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage-related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage-related costs and the total cost of any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The District and Precinct 2 will receive monthly updates and invites to all progress meetings. VI. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District -2- HCFCD Agreement Number 2022-102 shall have available the total maximum sum of Two Million Nine Hundred Thousand Twenty- Three and 28/100 Dollars ($2,900,023.28) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph II herein, the City will refund to the District any unspent portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. IX. Within thirty (30) days of completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non-drainage components of the Project following the completion of the Project. The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, storm sewer improvements, pavement and sidewalk reconstruction, utility adjustments associated with storm sewer improvements, engineering and additional services related to the listed components. If the City spent any of the District Contribution on non-drainage components of the Project, the City will timely refund the portion of the District Contribution that it spent on non-drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The City will require its contractors to name the District and the City as additional insureds. XI. The Parties will endeavor to give each other at least seventy-two (72)-hours-notice of release of information regarding the Project to the news media, private citizens or community organizations; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3- HCFCD Agreement Number 2022-102 XII. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary@laportetx.gov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, Texas 77571 Attention: City Manager XIII. No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. XV. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on ____________________________. APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By: ___________________________ By: ___________________________ LAURA FIORENTINO CAHILL LINA HIDALGO, Senior Assistant County Attorney County Judge -4- HCFCD Agreement Number 2022-102 ATTEST: CITY OF LA PORTE, TEXAS By: ___________________________ By: ___________________________ Name: ___________________________ Name: ___________________________ Title: ___________________________ Title: ___________________________ -5- HCFCD Agreement Number 2022-102 EXHIBIT A A-1 HCFCD Agreement Number 2022-102 B-1 HCFCD Agreement Number 2022-102 THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on ___________________________, with the following members present, to-wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to-wit: ___________________________ constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE, TEXAS AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner ___________________________ introduced an order and made a motion that the same be adopted. 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 AYES: Judge Lina Hidalgo NAYS: Comm. Rodney Ellis ABSTENTIONS: Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, the document attached hereto as Exhibit A; and WHEREASprojects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREASthe cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a HCFCD Agreement Number 2022-102 maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, Texas, for a fee to be paid by the District of $2,900,023.28, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte B112-G001 2022-102.docx Certificate Of Completion Envelope Id: D450BBB2B4B74171917E6FB4ED202ABBStatus: Sent Subject: Please DocuSign: eng La Porte B112-G001 2022-102.docx Source Envelope: Document Pages: 9Signatures: 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 12/20/2021 12:59:04 PM 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: 12/20/2021 1:07:46 PM laura.cahill@hcfcd.orgViewed: 12/21/2021 4:22:56 AM Security Level: Email, Account Authentication Signed: 12/21/2021 4:25:02 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 172.58.200.91 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/27/2019 3:03:30 PM ID: 95d8aac6-45f9-4460-bb8f-ca0e5b84009c Corby D. AlexanderSent: 12/21/2021 4:25:05 AM wingatel@laportetx.govViewed: 12/22/2021 8:24:57 AM Asst. Public Works Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf95611-ee07-4664-abd0-e840551dd8e8 Lee Woodward wingatel@laportetx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf95611-ee07-4664-abd0-e840551dd8e8 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sandra FloresSent: 12/21/2021 4:25:04 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/Encrypted12/20/2021 1:07:46 PM 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.