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
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{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;
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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
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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-
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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-
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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
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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,
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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
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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
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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.
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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):
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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
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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
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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
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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
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HCFCD Agreement Number 2022-102
ATTEST: CITY OF LA PORTE, TEXAS
By: ___________________________ By: ___________________________
Name: ___________________________ Name: ___________________________
Title: ___________________________ Title: ___________________________
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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.