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03-28-22
REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March28, 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 Councilperson Mandi Williamsfrom the March14 meeting, Rules of Procedure, excerptedbelow.Councilperson Williamsmade the required notification on March 10. 5.04Rules for Attendance at Regular Meetings of the City Council Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall forfeit his or her office by failing . A member of City Council who will not be able to attend a regular Council meeting shall inability to attend. Absences shall be considered excused if for personal illness, family illness, emergencies, funerals, military service, family events including vacations, weddings, and graduations, business obligations, official city business such as attendance at a conference for municipal officers, or for other good cause as determined by the Council.At the next regular meeting following the meeting at which the member was absence is deemed excused or unexcused. Absence from a regular meeting shall be considered unexcused if the member fails to convey the reason for his or her absence to the Mayor, City Manager or City Secretary or otherwise fails to give sufficient information to the City Council to enable it to determine the reason for the absence. Furthermore, absence due solely to the refusal of the member to participate in a meeting through telephonic or video conference call, when such measures are legally available to the member in accordance withstate 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 Mandi Williams from the March 14, 2022, 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 MARCH 14, 2022 The City Council of the City of La Portemet in a regularmeetingonMonday, March 14, 2022,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m.,withthe following in attendance: Councilpersons present: Louis Rigby,Brandon Lunsford, Brent McCaulley,Chuck Engelken,Bill Bentley, Thomas Garza,Jay Martin,Robbie McLarrin Councilpersons attending remotely: None Councilpersons absent: 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 Pastor Alan Neel, Life Community Churchand pledges wereled by Councilperson Thomas Garza. 3.CITIZENCOMMENT(Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no citizen comments. 4.CONSENTAGENDA(Approval of Consent Agenda items authorizes each to be implemented in accordance with staff recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for full discussion upon request by a member of the Council present at this meeting.) a.Approve the minutes of the regular City Council meeting held on February 28, 2022. \[Louis R. Rigby, Mayor\] b.Approve the issuance of a pipeline permit to International Terminals Company, LLC for the of Planning and Development\] c.Reject Bid #22011-Inspections Division Mowing Services received from Goins Go Getters. \[Teresa Evans, Director of Planning and Development\] d.Presentation, discussion, and possible action to accept the Annual Comprehensive Financial Report for the City of La Porte Fiscal Year Ending September 30, 2021. \[Michael Dolby, Finance Director\] e.Approve the CIP purchase of the KFT Fire Training portable props, trailer and training. \[Carl Holley, Fire Chief\] f.Award Bid #22001 to W.W. Payton Corporation and authorize the City Manager to execute a construction contract with W.W. Payton in the amount of $375,000.00 and approve a project contingency of 25,000.00, for a total authorization of $400,000.00 \[Ray Mayo, Director of Public Works\] Prior to the meeting, the City Manager requested item f be pulled and will be placed on a future agenda. Councilperson Garza pulled item c. Councilperson Bentley moved to approve items a, b, d, and e; the motion was seconded by Councilperson Engelken; the motion was adopted, 8-0. Councilperson Garza moved to reject Bid 22011 and direct the City Manager to redirect his staff to rebid the item; Mayor Pro Tem Martin seconded the motion; the motion was not adopted, 3-5, Mayor Pro Tem Martin and Councilpersons McLarrin and Garza voting in favor. Councilperson Bentley moved to reject Bid 22011; the motion was seconded by Councilperson McCaulley; the motion was adopted, 7-1, Councilperson Garza voting against. 5. STATUTORY AGENDA a. Accept proposal from Freese and Nichols, Inc. under RFP No. 22500 - Comprehensive Plan Update and authorize the City Manager to execute a professional services agreement with Freese and Nichols, Inc. to complete the City of La Porte's Comprehensive Plan update. \[Teresa Evans, Director of Planning and Development\] Councilperson Garza moved to direct staff to reject the proposal and conduct a plan review internally; the motion was not seconded and was not considered. Councilperson Bentley moved to accept the proposal from Freese and Nichols, Inc. under RFP No. 22500 Comprehensive Plan Update and authorized the City Manager to execute a professional service agreement with Freese and Nichols Plan update; the motion was seconded by Councilperson McCaulley; the motion was adopted, 7- 1, Councilperson Garza voting against. 6. REPORTS a. Receive report of the Fiscal Affairs Committee meeting. \[Councilperson Engelken\] Councilperson Engelken said the Committee had accepted the Annual Comprehensive Financial Report. b. Receive report of the Drainage and Flooding Committee meeting. \[Mayor Pro Tem Martin, Chair\] Mayor Pro Tem Martin shared that the Committee had discussed ongoing activities with a representative of Harris County Flood Control District, received updates from Lorenzo Wingate, Assistant Director of Public Works, and set the next meeting for April 11. 7. ADMINISTRATIVE REPORTS Planning and Zoning Commission meeting, March 17 City Council meeting, March 28 La Porte Development Corporation Board meeting, March 28 City Manager Corby Alexander said the cleanup of the gasoline spill was continuing and he would provide updates. 8. 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 asked whether the City could recoup costs if the gasoline event was due to negligence and City Manager Alexander said that although there had been such instances in the past, it was too soon to determine what would occur in this event; congratulated the Fire Department on their new truck and thanked them, the Police Department, and the Office of Emergency Management for their response to the gasoline spill; and expressed hope that the construction at Five Points is still on track. ADJOURN Without objection, the Council adjourned at 6:35 p.m. _______________________________ Lee Woodward, City Secretary REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 Requested By:Ray Mayo, Director Source of Funds:032-Grant Funds Department:Public Works Account Number:032-7086-532-1100 Amount Budgeted:$100,000.00 ReportResolutionOrdinance Amount Requested:$104,915.00 Exhibits:Access Report Bid 22009, Bid Tab 22009 Budgeted Item:YesNo Bid from Hahn Equipment, ARPA Information SUMMARY& RECOMMENDATION City of La Porte Bid 22009, Flygt PumpReplacementswas advertised on February 10, 2022andFebruary 17, 2022 in the Bay Area Observer and on Public Purchase. Twenty-three (23) vendors downloaded the bid documents. The bid was opened on March 1, 2022, with two (2) bids beingreceivedandHahn Equipment Company Inc. submitting the lowest bid. Sewer lift stations 1A, 30 and 40 are major collection points in the collection system and this project will replace one submersible pump at each station.The projectscope includes delivery, installation and testing. This equipment is provided with a 5-year pro- rated warranty.This equipment replacement is identified to be funded using American Rescue Plan Act (ARPA) funds. The bid price of $104,915.00 exceeds the budgeted amount by $4,915.00. The balance of the funds will be made up with remainingfunds from a previouslift station pump project. Staff recommendsapproval of the bid from Hahn EquipmentCompany Inc.for $104,915.00.The City has used this supplier in the past with excellent results. Benefits: New equipment will offer increased reliability Newer models provide increased energy efficiency Liabilities: Up to 16 weeks delivery time ACTION REQUIRED BY CITY COUNCIL Consider award of Bid #22009, Flygt Pump Replacements, to Hahn Equipment Company Inc. in the amount of $104,915.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Access Report AgencyCity of La Porte (TX) Bid Number22009 Bid TitleFLYGT Pump Replacements Vendor NameAccessed First TimeDocuments School Wholesale Supplies LLC2022-02-11 11:43 PM CSTBid #22009 FLYGT Pump Replacements.pdf Weisinger Incorporated2022-02-16 02:38 PM CSTBid #22009 FLYGT Pump Replacements.pdf FMW Distributors, Inc.2022-02-10 03:59 PM CSTBid #22009 FLYGT Pump Replacements.pdf National Mechanical Services LLC2022-02-14 05:19 PM CSTBid #22009 FLYGT Pump Replacements.pdf Hahn Equipment2022-02-28 09:18 AM CSTBid #22009 FLYGT Pump Replacements.pdf Construction Journal2022-02-16 06:18 AM CSTBid #22009 FLYGT Pump Replacements.pdf North America Procurement Council2022-02-15 08:35 AM CSTBid #22009 FLYGT Pump Replacements.pdf Dodge Data & Analytics2022-02-14 10:38 PM CSTBid #22009 FLYGT Pump Replacements.pdf Precision Pump Systems2022-02-21 07:57 AM CSTBid #22009 FLYGT Pump Replacements.pdf Colliers Engineering & Design2022-02-16 08:10 AM CSTBid #22009 FLYGT Pump Replacements.pdf Onvia2022-02-10 06:02 PM CSTBid #22009 FLYGT Pump Replacements.pdf ConstructConnect2022-02-14 04:59 PM CSTBid #22009 FLYGT Pump Replacements.pdf Wastewater Solutions, LLC2022-02-14 05:20 PM CSTBid #22009 FLYGT Pump Replacements.pdf Ashcraft Company, Inc.2022-02-11 08:15 AM CSTBid #22009 FLYGT Pump Replacements.pdf SCM Consultants Inc. 2022-02-11 09:06 AM CSTBid #22009 FLYGT Pump Replacements.pdf Hahn Equipment Co., Inc.2022-02-17 10:35 AM CSTBid #22009 FLYGT Pump Replacements.pdf 3rd Coast Automation and Control, LLC2022-02-15 11:24 AM CSTBid #22009 FLYGT Pump Replacements.pdf RFx Analyst2022-02-11 09:48 AM CSTBid #22009 FLYGT Pump Replacements.pdf Dodge Data & Analytics2022-02-10 06:36 PM CSTBid #22009 FLYGT Pump Replacements.pdf SmartProcure2022-02-11 03:35 AM CSTBid #22009 FLYGT Pump Replacements.pdf Hearn Company2022-02-17 01:16 PM CSTBid #22009 FLYGT Pump Replacements.pdf Tukmol General Contractor2022-02-12 01:22 AM CSTBid #22009 FLYGT Pump Replacements.pdf Webtech2022-02-11 05:04 AM CSTBid #22009 FLYGT Pump Replacements.pdf Perkens WS Corporation2022-02-14 04:28 AM CSTBid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid #22009 FLYGT Pump Replacements.pdf Bid Tabulation to Sealed Bid #22009 Flygt Pump Replacements 3rd Coast Automation & Control, LLCHahn Equipment Item No.DescriptionUOM 1 Flygt Pump Model NP3202 (per specifications)1$43,149.90$39,227.00 2 Flygt Pump Model NP3153 (per specifications)1$21,406.00$19,460.00 3 Flygt Pump Model NP3202 (per specifications)1$50,850.80$46,228.00 Total (1-3)$115,406.70$104,915.00 American Rescue Plan Grant Funding Background Information Under the American Rescue Plan Act (ARPA) of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) provides emergency funding for eligible local governments. CLFRF funding is provided at a 100% federal share. The U.S. Treasury manages the distribution of these funds to Texas counties and cities with populations above 50,000. Cities, villages, towns, and townships serving populations of less than 50,000 are classified as non-entitlement units (NEUs) of local government and will receive funding distributed by TDEM, with the City of La Porte having a total allocation of $8,666,561.35, with no matching requirement for participating in the program. Local Recovery Funds will allocation, with the City of La Porte receiving its first allocation of $4,333,280.68 on August 23, 2021. The American Rescue Plan requires that funds be expended by December 31, 2026, for the following purposes: (1) To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (3) For the provision of government services to the extent of the reduction of revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or tribal government prior to the emergency; or (4) To make necessary investments in water, sewer, or broadband infrastructure. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2021 Requested By:Ray Mayo, Director Source of Funds:032-Grant Fund Department:Public Works Account Number:032-7087-532-1100 Amount Budgeted:$200,000 ReportResolutionOrdinance Amount Requested:$200,000 Exhibits:Proposal from Alfa Laval Inc., Budgeted Item:YesNo Sole source letter, ARPA Information SUMMARY& RECOMMENDATION The Wastewater TreatmentPlant belt filter press re-conditioning project was started in FY21, as a multi-year projectwhen belt press #1 was re-conditioned by the manufacturer as a sole source contractor. This optionwas found to be a significant cost savings in comparison to total equipment replacement.In April of 2021 the single bid amount provided for total replacement was $518,113.52.This bid was rejected in favor of the re-condition option. In FY22 this project will be completed with the re-conditioning of belt press #2.The FY22 portion of the project was also identified to be funded using American Rescue Plan Act (ARPA) funds. The scope consists of part replacementonthebelt filter pressunit with new factory parts, . This offer includes an extended warranty on high wear parts; a three (3) year warranty on 18 rollers and a two (2) year warranty on 36 bearing assemblies. The proposed cost to re-conditionthe belt press is $198,320.00.Replacement of allmoving and wearparts will provide an expected service life equal to a new unit. The Purchasing Department has reviewed the proposal and has approved Alfa Laval as a sole-source contractor. Staff recommendsapproval of the re-conditioning proposaloffered by Alfa Laval Inc. with a cost of $198,320.00as a sole source contractor and a project contingency of $1,680.00. The scope of the project replaces all moveable and wear parts, therefore a larger contingency amount is not required. Benefits: Option to rebuild will save significant costs over total replacement. Service life is expectedto be equal to a new unit. Extended warranty on high-wear parts. Liabilities: Estimated down-time is 14 days (Back-up is provided by belt press #1) ACTION REQUIRED BY CITY COUNCIL Consider approval of proposal from Alfa Laval Inc. as a sole source contractor, for re-conditioning of belt press #2 in the amount of $198,320.00 and a project contingency of $1680.00, for a total authorization of $200,000.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date . ȘéȀ ȘǨūȀ "ŵ| kƕŵ|ûșûƕŵȀ ƕÌ ǿ"œ ˖ˣȘǨūȀ "ŵ| kƕŵ|ûșûƕŵȀˤ˗ "ǙǙœy to all quotations, orders, and contracts for Alfa Laval Inc. products ˖éǨ"ÌșǨ ˠǤȳûǙūŵșˠ˗ "ŵ| "ȀȀƕlû"ș| ȀǨɷûlȀ ˖ˣǿǨɷûlȀˤ˗ !Ȁ used in these Terms and Conditions, the word "Equipment" includes all hardware, parts, components, software and options. 1. ACCEPTANCE: Our sale to you is limited to and expressly made conditional on your assent to these Terms and Conditions and, if applicable, on the attendant quotation, both of which form a part of the contract between us and which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect to this sale and any conflicting terms and conditions of yours, whether or not signed by you. Any terms and conditions contained in your purchase order or request for quotation or other form which are different from, in addition to, or vary from these Terms and Conditions are expressly rejected, shall not be binding upon us, and are void and of no force or effect. These Terms and Conditions may not be changed except by the written agreement of both parties. 2. PRICES: Unless otherwise specified in writing, all quoted prices are in U.S. Dollars and are firm for thirty (30) days from the date of offer. Prices quoted are exclusive of taxes, freight and insurance, and you agree to pay any and all sales, revenue, excise or other taxes (exclusive of taxes based on our net income) applicable to the purchase of Equipment. If you claim an exemption from any such taxes you shall provide us with a tax exemption certificate acceptable to the taxing authorities. 3. DELIVERY; FORCE MAJEURE: Dates for the furnishing of Services and/or delivery or shipment of Equipment are approximate only and are subject to change. Quoted lead times are figured from the date of receipt of complete technical data and approved drawings as such may be necessary. We shall not be liable, directly or indirectly, for any delay in delivery or failure to deliver caused by carriers or by labor difficulties, shortages, strikes or stoppages of any sort, or difficulties in obtaining materials from ordinary sources and suppliers. In addition, we shall not be liable for any such delays or for any failure to perform our obligations under an order or contract due to any one or more of the following events, whether foreseeable or not: war, hostilities, military operations, terrorism, riots, disorder, accidents, floods, storms, natural disasters, fires, acts of God, epidemics and/or pandemics (and specifically in relation hereto and notwithstanding anything else stated herein, whether or not outbreak of such epidemic or pandemic has occurred prior to acceptance of this order or execution of a contract for the Services), governmental, judicial or administrative decisions, decrees or orders, embargoes or blockades, or any causes beyond our reasonable control. Unless otherwise specifically agreed in writing by us, in no event shall we be liable for any damages or penalties whatsoever, or however designated, resulting from our failure to perform or delay in performing due to any of the causes specified in this paragraph 3. 4. SHIPMENT, RISK OF LOSS, TITLE: All sales are made F.O.B. Alfa Laval shipping point, unless otherwise noted. Duty, brokerage fees, insurance, packing and handling as applicable are not included unless otherwise noted. Our liability for delivery ceases upon making delivery of Equipment to the carrier at the shipping point in good condition. The carrier shall be your agent. Risk of loss shall pass to you upon such delivery. Regardless of the delivery term specified, we shall retain title to the Equipment until final payment thereof has been made. 5. CREDIT AND PAYMENT: Payment terms are (30) days net, unless agreed otherwise by us in writing. payments shall become due with partial shipments. Any discount period which may be granted by us begins on the invoice date and all payments are due 30 days after the invoice date. All payments shall be made without deduction, deferment, set-off, lien or counterclaim of any nature. All amounts due not paid within 30 days after the date such amounts are due and payable shall bear interest at the lesser of 1.5 percent per month or the maximum rate of interest allowed by law. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your financial condition so warrants. Failure to pay invoices when such invoices are due and payable, at our election, shall make all subsequent invoices immediately due and payable irrespective of terms, and we may withhold all subsequent deliveries until the full account is settled. We shall not, in such event, be liable for delay of performance or nonperformance of contract in whole or in part subsequent to such event. 6. SECURITY AGREEMENT: You hereby grant us a security interest in the Equipment, including a purchase money security interest, and in such materials, proceeds and accessories thereof, to secure payment of the purchase price of the Equipment. You authorize us to file or record a purchase order or copy thereof or any UCC financing statement showing our interest in the Equipment in all jurisdictions where we may determine filing to be appropriate, and you agree to sign all such documents reasonably related thereto promptly following our request. You will not encumber the Equipment with any mortgage, lien, pledge or other attachment prior to payment in full of the price therefor. 7. CANCELLATIONS AND CHANGES: Orders which have been accepted by us are not subject to cancellation or changes in specification except upon prior written agreement by us and upon terms that will indemnify us against all losses resulting from or arising out of such cancellation or change in specifications. In the absence of such indemnification, we shall be entitled to recover all damages and costs of whatever nature permitted by the Uniform Commercial Code. 8. DEFERRED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when you are notified that the Equipment is ready for shipment. If you fail to make payment or furnish shipping instructions, we may either extend the time for so doing or cancel the contract. In case of deferred shipment at your request, storage and other reasonable expenses attributable to such delay shall be payable by you. 9. EQUIPMENT WARRANTY AND REMEDY: (a) For new Equipment only, we warrant to you that the Equipment that is the subject of this sale is free from defects in design (provided that we have design responsibility), material and workmanship. The duration of this warranty is twelve (12) months from start-up or eighteen (18) months from delivery to you, whichever occurs first (the "Warranty Period"). If you discover within the Warranty Period a defect in design, material or workmanship, you must promptly notify us in writing. Within a reasonable time after such notification, we shall repair, replace, or, at our option, refund you the price of the defective Equipment or part thereof. (b) For repairs, parts and Services provided by us, we warrant to you that the repairs, parts and Services we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date the Equipment which required the repairs, parts or Services is returned to you by us, (ii) the date of your receipt of the part, or (iii) the date of completion of the repair or other Services, if performed at your facility. If during this ninety-day period you discover a defect in the repairs, parts or Services you must promptly notify us in writing, and we shall correct such defect with either new or used replacement parts or reperform the Services as applicable. If we are unable to correct the defect after a reasonable number of attempts, we will provide a refund of the price paid for the defective repair, parts or Services. (c) All warranty service is subject to our prior examination and approval and will be performed by us at your facility or at service centers designated by us. All transportation to and from the designated service center will be at our expense. The remedies set forth above are your exclusive remedies for breach of warranty. Unless otherwise agreed in writing by us, our warranty extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such attempted transfer shall render all warranties provided hereunder null and void and of no further force or effect. (d) The warranties set forth above are inapplicable to and exclude any product, components or parts not manufactured by us or covered by the warranty of another manufacturer. We shall have no responsibility for defects, loss or damage to the extent caused by (i) normal wear and tear, (ii) your failure to follow all installation and operation instructions or manuals or to provide normal maintenance, (iii) repairs or modifications by you or by others not under our direct supervision, or (iv) a product or component part which we did not design, manufacture, supply or repair. (e) DISCLAIMER OF IMPLIED WARRANTIES. THE WARRANTIES SET FORTH ABOVE AND IN SECTION 12 BELOW ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. LIMITATION OF LIABILITY: In no event shall we be liable, and you hereby waive any claims against us and release us from liability to you, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. In no circumstance, shall we be liable for, however such damages are characterized, loss of profits, loss of savings or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of any substitute Equipment, facilities or services, downtime, or loss of prospective economic advantage. OUR AGGREGATE LIABILITY FOR FAILURE TO PERFORM, BREACH OF WARRANTY OR BREACH OF OTHER CONTRACTUAL OBLIGATIONS SHALL NOT EXCEED THE TOTAL PRICE PAID TO US FOR THE EQUIPMENT AND SERVICES THAT ARE THE SUBJECT OF ANY CLAIM BY YOU. 11. OWNERSHIP: All drawings, designs, specifications, data and other proprietary rights supplied by us (including without limitation in connection with the Equipment) have been prepared or assembled by us and are (and shall remain) exclusively our property, and upon our request you agree to execute any additional documents needed to give effect to the foregoing. Such drawings, designs and specifications have been furnished in order to provide full documentation and on the condition that they shall not be disclosed, reproduced or copied in any manner whatsoever, in whole or in part, except for your internal use as necessary, and upon the further condition that, as our sole property, they shall not be used for furnishing information and/or disclosed, in whole or in part, to others or otherwise for any purpose not specifically authorized in a writing signed by one of our corporate officers. 12. PATENT INFRINGEMENT (a) We make no express or implied warranties of non-infringement with respect to the Equipment. We will, however, defend, indemnify and hold you harmless from any third party apparatus claims based upon an issued U.S. patent to the extent such claim relates to the Equipment supplied and sold to you; provided, however, that we undertake no indemnification in respect of third-party rights (i) where the alleged patent infringement is based upon or related to any method, process or design claims in third-party U.S. patents, any combination of the Equipment with other equipment not supplied by us, or any modifications of the Equipment made by you and not approved by us, or (ii) to the extent the alleged infringement is directly attributable to the negligence or intentional misconduct of you or otherwise for which you are obligated to indemnify us for under paragraph 12(c). (b) We shall assume defense of a claim at our expense in accordance with these Terms and Conditions, provided you shall notify us within 30 days of your receipt of notice of an alleged third-party claim that you believe would entitle you to patent infringement indemnification pursuant to paragraph 12(a). You acknowledge and agree that we shall have the sole right to settle or otherwise compromise such a third-party claim, including but not limited to the right to either (i) modify the Equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the Equipment from you at a price equal to the then-current fair market value of the Equipment, or (iii) secure rights by assignment or license to permit continued use of the Equipment. (c) If a third party charges us with patent infringement relating to Equipment sold by us to you, we shall have the right to either (i) modify the Equipment to avoid infringement if you are agreeable to the modification, (ii) repurchase the Equipment from you at a price equal to the then-current fair market value of the Equipment, or (iii) secure rights by assignment or license to permit continued use of the Equipment. If a third party charges us with patent infringement on the bases set forth in paragraph 12(a)(i) or (ii), you shall indemnify and hold us harmless for all expenses as well as any awards of damage assessed against us, and, without limiting any of our other rights and remedies available at law or in equity, we shall also have the right to modify or repurchase the Equipment or to secure rights for continued use by way of assignment or license as set forth in this paragraph. 13. INSPECTION: Upon prior written notice, you may make reasonable inspections of Equipment at our facility. We reserve the right to determine the reasonableness of the request and to select an appropriate time and location for such inspection. You agree to execute appropriate confidentiality provisions upon our request prior to visiting our facility. All costs of inspection shall be solely determined by us and shall be payable by you. No inspection or expediting by you at the facilities of our suppliers is authorized. 14. SOFTWARE PROVISIONS: If software is provided hereunder (whether such is integrated into the Equipment or otherwise operates alongside the same), you are hereby granted a non-exclusive, non-sublicensable, non-transferable, royalty free license to access and use such software as provided and as intended with our Equipment. Without limiting the foregoing, under the foregoing license you may specifically: (i) use our software in machine readable object code only and only with the Equipment provided; (ii) copy our software into any machine readable object code form solely for back up purposes in support of your use of our software on the Equipment provided in accordance with these Terms and Conditions; and (iii) create one additional copy of the software for archival purposes only. This license may only be assigned, sublicensed or otherwise transferred by you with our prior written consent. You hereby recognize and acknowledge that the software provided to you hereunder comprises valuable trade secret and/or copyright property of Alfa Laval (or its licensors) and you covenant that you will take adequate precautions against access to the software by, or disclosure of the software to, anyone not authorized hereunder to use or have access to the software as contemplated herein. The software is subject to the confidentiality obligations set forth below in paragraph 15. 15. CONFIDENTIALITY: Subject to any non-disclosure or confidentiality agreement already in effect between us, any drawings, data, software or other information exchanged between us is proprietary or confidential to us and shall not be used or disclosed by you without our prior written consent. Confidential information shall not be any information that (i) is known previously to you under no obligation of secrecy; (ii) becomes known to the public through no breach of an obligation of secrecy by you; or (iii) is independently developed by you without use or reference to any of the confidential information or materials provided to you by us. 16. INAPPLICABILITY OF CISG: The parties specifically agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any sale or order or the contract between us. 17. GOVERNING LAW & VENUE: These Terms and Conditions and any dispute or claim arising out of or related to an order or the contract between us shall be finally decided in accordance with the laws of the Commonwealth of Virginia, without giving effect to the provisions thereof relating to conflict of laws. You agree that the venue for any such dispute shall lie in the United States District Court for the Eastern District of Virginia, Richmond Division. In the event that federal jurisdiction cannot be established pursuant to 28 U.S.C. §§ 1331 or 1332, the venue for any such dispute shall lie in the Circuit Court of Henrico County, Virginia. You expressly submit and waive any objection to the sole and exclusive jurisdiction of such courts. 18. GENERAL: All previous agreements or understandings between us, either oral or written, with regard to the subject order, with the exception of a pre-existing non-disclosure agreement between us, are void and these Terms and Conditions constitute the entire agreement between us with respect to the matters addressed herein. Neither of us shall assign an order or contract to which these Terms and Conditions apply without the prior written consent of the other party, which consent shall not be unreasonably withheld. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other provision herein. No waiver by either of us of any default or breach by the other party will operate as or be deemed a waiver of any subsequent default or breach. Larry Packard American Rescue Plan Grant Funding Background Information Under the American Rescue Plan Act (ARPA) of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) provides emergency funding for eligible local governments. CLFRF funding is provided at a 100% federal share. The U.S. Treasury manages the distribution of these funds to Texas counties and cities with populations above 50,000. Cities, villages, towns, and townships serving populations of less than 50,000 are classified as non-entitlement units (NEUs) of local government and will receive funding distributed by TDEM, with the City of La Porte having a total allocation of $8,666,561.35, with no matching requirement for participating in the program. Local Recovery Funds will allocation, with the City of La Porte receiving its first allocation of $4,333,280.68 on August 23, 2021. The American Rescue Plan requires that funds be expended by December 31, 2026, for the following purposes: (1) To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (3) For the provision of government services to the extent of the reduction of revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or tribal government prior to the emergency; or (4) To make necessary investments in water, sewer or broadband infrastructure. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 038 EDC Fund Requested By:Corby Alexander, City Manager Source of Funds: Department:Administration/CMO 001-6060-510-9997 Account Number: $71,000 Amount Budgeted: ReportResolutionOrdinance $69,000 Amount Requested: Exhibits: 2022-23 Agreement w/ Exhibits, Ridership Budgeted Item:YesNo Data and 2021-22 Agreement SUMMARY& RECOMMENDATION For the past 11 years, the City of La Porte has partnered with Harris County Transit Authority (HCTA) to provide regional bus service in La Porte. Since2013, the City has provided a fixed schedule basis along a specific route with vehicles stopping to pick up and deliver passengers to specific locationswithin the City, as well as selected sites outside the City such as Social Security Office, Strawberry Clinic, a connector shuttle to Baytownwhich allows riders to be connected to the Metro Station, and paratransit services. Paratransit services are those services required by the Americans with Disabilities Act (ADA) for residents with disabilities who are unable to use fixed route transportation systems and HarrisCounty administers a federal grant for the cost of providing the service and La Porte provides a match to complete the funding. Summary Ridership Data: 201720182019202020212022(FY to Date) La Porte Routes Only 3,6481503 5,0416,2146,8705,117 Baytown Shuttle4,3021609 5,3225,1386,0865,024 st Comparison of 18-Months of Fiscal Years: 20172018201920202021 La Porte Routes Only 3,3204,1334,3173,3272,999 Baytown Shuttle 3,6803,3413,7813,8273,091 -month service year, which begins COVID-19 continues to affect ridership for the past two years since the pandemic started. Bus ridership has remained steady, with ebbs and flows throughout the COVID-19 pandemic. If ridership were to remain steady, the number of 2022 passengers should exceed both 2020 and 2021 numbers. There are no difference in changes from the previous agreements with HCTA. Harris County has continuously planned to market more aggressively their services in the community. If ridership increases, the funding of this agreement can increase. If City Council wishes to continue providing bus services to the community, staff recommends approving the Bus Service Agreement with Harris County Transit Authority for local bus service for 12-month period. ACTION REQUIRED BY CITY COUNCIL Approve an Interlocal agreement for bus services between Harris County and the City of La Porte for local bus transit services for the period of twelve (12) months with the approval of Harris County. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Interlocal Agreement (“Agreement”) for Fixed Route Bus Service is made and entered into pursuant to Chapter 791 of the Texas Government Code by and between Harris County, Texas, a body corporate and politic under the laws of the State of Texas, hereinafter called the “County,” and the City of La Porte, a home-rule city under the laws of the State of Texas, hereinafter called “La Porte.” The County and La Porte may each be referred to herein as a “Party” or collectively as the “Parties.” Recitals Certain portions of eastern Harris County lie outside the jurisdictional boundaries and service area of the Metropolitan Transit Authority of Harris County, Texas, including areas within the corporate limits of La Porte. The Parties find that the operation of fixed route bus service as provided for in this Agreement will enhance regional mobility and support transit services within the County and La Porte. The Parties now desire to enter into this Agreement to establish a new term for the fixed route bus service and to provide for responsibilities and funding of that service. TERMS: ARTICLE I. Agreement and Definitions 1.1Scope of Agreement. County, upon receipt of funding from La Porte and matching federal funds, will provide for the operation of fixed route bus servicesas described in more detail in Exhibit A. 1.2 Definitions. For the purposes of this Agreement, the following terms shall have the meanings set forth below: 1.2.1“Fixed Route Bus Service”means services provided on a repetitive, fixed schedule basis along a specific route with vehicles stopping to pick up and deliver passengers to specific locations; each fixed route trip serves the same origins and destinations. Page 1 of 11 1.2.2“Complementary Paratransit Services” means service required by the Americans with Disabilities Act (ADA) for individuals with disabilities who are unable to use fixed route transportation systems and are deemed eligible for the service. 1.2.3“Local Matching Funds” means the financial assistance from local entities that support the operation of the transit system as required by a grant to match the federal contribution. They include, but are not limited to: tax levies; general funds; specified contributions, contributions from city, county, or other municipal government towards the Local Shareportion of the transit system budget; and other revenues such as advertising. 1.2.4. The Parties agree the County will provide services in accordance with federal requirements. ARTICLE 2. La Porte’s Obligations 2.1 La Porte will provide and maintain, in accordance with the requirements set forth herein and make available for use in regard to services hereunder, transit stops at all locations chosen by the County. To be acceptable, each such transit stop must at a minimum have a “transit stop” sign facing both directions, using the graphic shown in Exhibit B to this Agreement. As additional Federal Transit Authority (FTA) capital improvement funds become available, the County may at it sole option, use those funds and Local Matching Funds provided by La Porte to pay for additional transit stop improvements such as connecting sidewalks to stops within ¾ miles, of a stop or shelter bike paths within 3 miles that connect to a stop and / or shelter site pads, park benches and passenger shelters. 2.2 All transit stops will have the following minimum standards: (a) A firm stable surface; (b) A minimum clear length of 96 inches measured from the curb or roadway edge and minimum clear width of 60 inches measured parallel to the vehicle roadway; (c) A maximum slope of 1:50 (2%) for water drainage; and (d) An accessible route to the streets, sidewalks or pedestrian paths. 2.3 La Porte will provide advertising on La Porte’s Internet Site as well as other media, informing the general public of the availability of transit services in the community. Additionally, La Porte will provide information inserts into its utility bills, but only at such time or intervals as 2 requested by County in writing, and at County’s expense. The design of the information inserts will be provided by the County. 2.4 Within fifteen (15) days of the effective date of this Agreement, La Porteshall send Sixty-Nine Thousand and No/Dollars ($69,000.00)to the County in satisfaction of its obligations to provide Local Matching Funds. Should the County determine that such funds from La Porte are inadequate to pay for the required Local Share portion of the transit system budget during the term of this Agreement, the County shall have no obligationto continue providing the services hereunder unless and until La Porte provides the necessary additional funds to the County for such purpose, subject to the same requirements applicable to use of the original contribution. Additional funds shall be providedby La Porte within forty-five (45) days from La Porte’s receipt of written request for additional funds from County. 2.5 La Porte shall comply with the Davis-Bacon and Copeland Anti-Kickback Acts codified at 40 USC 3141, et. seq and 18 USC 874 to the extent applicable. 2.6 Nondiscrimination -In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, La Porte agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, La Porte agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2.7 Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, La Porte agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect activities undertaken in the course of the Project. La Porte agrees to take affirmative action to ensure that applicants are employed, and 3 that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, La Porte agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, La Porte agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, La Porte agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, La Porte agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, La Porte agrees to comply with any implementing requirements FTA may issue. 2.8 La Porte also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. ARTICLE 3. County’s Obligations 3.1 The County agrees to operate the Fixed Route Bus Service in the City of La Porte and provide necessary transit vehicles through the use of outside contractors. The Director of the County Community Services Department (Director) will, in consultation with the Mayor of La Porte, determine the travel routes for such service, and will determine the schedule for operations, and the type and number of transit vehicles to be utilized for the service. The Director may, from time to time, revise the schedule of operation of the service based upon ridership levels and service demands in consultation with the Mayor. Any changes in service will be subject to the public input requirements of Title VI, 42 U.S.C. The routes currently in service and proposed for use during the term of this Agreement are depicted on Exhibit “A” to this Agreement. The service hours will be from 7:00 AM until 6:00 PM, Monday through Friday, excluding County holidays. The County shall have no obligation to obtain sites for or to construct or maintain transit stops for the bus service. 4 3.2 Fares will be assessed for use of the transit services. The County will collect and retain the fares as follows, provided that the County may enter into agreements as it may deem necessary and proper to provide for bus services to be provided otherwise than by payment of such fees: Adult (12 years and older) $1.00 each way Children (2 years to 11 years) $ 0.50 each way Seniors (65 and older with identification)$ 0.50 each way Disabled (with identification) $ 0.50 each way Medicare recipients (with identification) $ 0.50 each way Children under 2 years FREE Certified ADA Paratransit Passengers $2.00 each way 3.3 Federal Transit Administration (FTA) funds can only be accessed on a reimbursement basis. Notwithstanding any provision of this Agreement that might be construed to the contrary, the County shall not be obligated by this Agreement to expend any funds, but it is understood and agreed that the funds provided by La Porte may only be expended if the County, to the extent that the County at its sole option, expends matching funds for the purpose of seeking FTA reimbursement. La Porte’s funding hereunder will be used for payment of the matching contributions required by a local recipient. All FTA reimbursement will be the property of the County. ARTICLE 4. Independent Parties 4.1 This Agreement is not intended to create and shall not constitute a partnership or joint venture between the Parties. Parties shall have and retain the exclusive right of control over employment, firing, discipline, compensation, insurance, and benefits in accordance with the applicable laws of the State of Texas. La Porte has no authority to bind or otherwise obligate the County orally, in writing or by any act or omission. Nothing contained herein shall establish an agency, employee-employer relationship, partnership, joint enterprise, joint employer, or joint venture relationship by or between the Parties. Nothing in this Agreement will create or be deemed to create a relationship between the Parties to this Agreement, including a relationship in the nature of a third-party beneficiary or fiduciary. 5 ARTICLE 5. Termination and Default 5.1 Termination by La Porte orthe County. La Porte or the County may, terminate this Agreementwithout causeupon ninety (90) days prior written noticeto the other Party. 5.2 Notice ofDefault. 5.2.1 La Porte or the County shall be deemed in default under this Agreement if La Porte or the County in any material respect fails to perform, observe or comply with any of its covenants, agreements or obligations, or breaches or violates any of the representations contained in this Agreement. 5.2.2 Before any failure of either La Porte or the County shall be deemed to be a breach of this Agreement, the Party claiming such failure shall notify, in writing, the Party alleged to have failed to perform, of the alleged failure and shall demand the Party to cure the default within ninety (90) calendar days. If the allegedly failing Party has not cured the default, that Party will be in default of this Agreement, unless La Porte and the County agree to extend time for cure, and the Agreement may be terminated by the other Party immediately upon notice of the non-defaulting Party’s intention to terminate. ARTICLE 6. Term 6.1 This Agreement shall be for a term beginning upon execution by both Parties and, unless terminated sooner as set forth above, and continue in full force and effect for twelve (12) consecutive months. Any unexpended and unearned surplus funds provided by La Porte remaining upon termination of this Agreement will be refunded to La Porte unless different arrangements are made in an amendment to this Agreement or a new agreement between the Parties is executed in regard to the Fixed Route Bus Service. The County is under no obligation to invest or to account for or pay to La Porte any earnings derived from funds provided hereunder by La Porte. ARTICLE 7. Miscellaneous 7.1 Approvals, Further Documents. Where this Agreement requires approval, consent, permission, agreement or authorization by either Party, such approval, consent, permission, agreement or authorization shall not be unreasonably withheld or delayed. The Parties agree to execute such further documents, agreements, instruments and notices as may be necessary or appropriate to effectuate the purposes of this Agreement. 6 7.2 Maintenance of Records. The County shall maintain records to show actual time involved in the provision of the transportation services, the cost incurred for the period of time specified, and the level of ridership.The County shall maintain ridership information in a manner consistent with National Transit Database reporting requirements and provide a quarterly report of same to La Porte. To the extent applicable to the transportation service, La Porte and the County shall cooperate in good faith to provide records satisfactory to the federal government or any other regulatory body. 7.3 Audit and Inspection of Records. La Porte and the County shall permit the authorized representatives of La Porte, the County, and the federal government to inspect and audit all data records of La Porte and the County relating to their performances under this Agreement. La Porte shall keep its books and records available for this purpose for at least five (5) years after this Agreement terminates. In the event any record is needed to support any dispute or legal action, such records shall be maintained for a period of not less than five (5) years following the settlement of any such dispute or legal action. 7.4 Notices. Any notices required or permitted to be given under the terms of this Agreement shall be in writing and shall be deemed to be given as of the time of hand delivery to the addresses set forth below, or five (5) days after deposit in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed as follows: TO HARRIS COUNTY: Harris County, Texas ATTN: Daphne Lemelle Director, Harris County Community Services Department Developmental Department 8410 Lantern Point Drive Houston, Texas 77054 TO LA PORTE: City of La Porte, Texas ATTN: Lee Woodward, City Secretary 604 W Fairmont Pkwy La Porte, Texas77571 7 A Party may change the address for notices upon at least 10 days written notice under the provision. 7.5 Waiver. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver of a Party of any condition or breach of any term, covenant, representation orwarranty contained herein, in any one or more instances, shall be deemed to be constructed a further or continuing waiver of any such condition or breach or waiver of any other condition or of any breach of any other term, covenant, representation or warranty. 7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with regard to the matters addressed herein. This Agreement may not be amended, modified, superseded or canceled, nor may any of the terms, covenants, representations, warranties or conditions be waived except by written instrument executed by the Parties. 7.7 Force Majeure. Neither Party shall be held liable for any loss or damage due to delay or failure in performance of any part of this Agreement from any cause beyond its control that directly impacts its ability to perform, and without its fault or negligence, which causes may include acts of God, acts of civil or military authority, government regulations (except those promulgated by the party seeking the benefit of this provision), embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, other major environmental disturbances or unusually severe weather conditions. 7.8 Governing Law. This Agreement shall be constructed and enforced in accordance with the laws of the State of Texas. The exclusive forum and venue for any action arising out of, in connection with, or in any way relating to the Agreement is in a state or federal court of competent jurisdiction in Houston, Harris County, Texas. 7.9 Headings. Headings and captions contained herein are inserted for convenience and of reference only, and are not deemed part of or to be used in constructing this Agreement. 7.10 Survival. Each Party shall remain obligatedto the other Party under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement. 7.11 Current Funds. Each Party paying for the performance of governmental functions or services under this Agreement must make those payments from current revenues available to the paying Party. 7.12 Compliance with Laws. The Parties shall comply with all applicable laws in carrying out its obligations under this Agreement. 8 7.12 Execution; Multiple Counterparts. The Agreement may be executed in several counterparts. Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this Agreement. HARRIS COUNTY CITY OF LA PORTE By:_____________________________ By:_____________________________ DAPHNE LEMELLE Louis R. Rigby Executive Director Mayor Community Services Department APPROVED AS TO FORM: ATTEST Vince Ryan, Harris County Attorney By:_____________________________ By:_____________________________ Amy SamplesLee Woodward Assistant County Attorney City Secretary C.A. File No.: 19GEN0402 APPROVED AS TO FORM: By:_____________________________ Clark T. Askins Assistant City Attorney 9 EXHIBIT A Bus Routes Exhibit B Signage REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 001 General Fund Requested By:Corby Alexander, City Manager Source of Funds: Department:Administration/CMO 001-6061-565-2075 Account Number: $2,500 Amount Budgeted: ReportResolutionOrdinance $2,500 Amount Requested: Exhibits: Email Request,Flyer Budgeted Item:YesNo SUMMARY& RECOMMENDATION In previous years, the City of La Porte has been the presenting sponsor of the La Porte Education Foundation annual golf tournament held in April at the Bay Forest Golf Course. Once again, the City has been asked to be the presenting sponsorfor 2022. Due to the implementation of the sponsorship policy, staff is presenting this request to City Council for consideration.This request was made by email from the Chair of the golf committee and the Board Director late last month. Due to the COVID-19 pandemic that began in spring of 2020the LPEF annual golf tournament that was scheduled for April 29, 2020 had to be rescheduled for October 21, th 2020. The LPEFreturn to hosttheir 17Annual Golf Tournament at Bay Forest Golf Courseon April 28, 2021. This year, there will be three flights for the tournament. In the previous fouryears,(2017-2019; 2021) the City has been the presenting sponsor at a cost of $2,500 each year. City staff recommends approval of the $2,500 sponsorship th to the LPEF for their 17Annual Golf Tournament at Bay Forest Golf Course. ACTION REQUIRED BY CITY COUNCIL Approve or deny the request for a sponsorship tothe La Porte Education Foundation annual golf tournament in the amount of $2,500 as the presenting sponsorfor Fiscal Year 2022-2023. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate Kizzee, Julius From:Alexander, Corby Sent:Thursday, March 3, 2022 2:30 PM To:Kizzee, Julius Subject:FW: La Porte Education Foundation Golf Tourney Sponsorship Attachments: 1643216114000-US-GP-100-26412244 (1).pdf CƩƚƒʹBrockBihm\[mailto:Brock.Bihm@mrelectric2009.com\] {ĻƓƷʹWednesday,February23,20226:53AM ƚʹCityManagerPublicEMail<CityManager@LaporteTX.gov> {ǒĬƆĻĭƷʹLaPorteEducationFoundationGolfTourneySponsorship Good morning Corby, Hope all is well. It was good seeing you at Monument Inn as you were walking into the Chamber event. I wanted to reach out to you to see if the City was still up for sponsoring the LPEF golf tourney as in years past with the monetary donation and the golf balls? I am the Chair of the golf committee and Board Director on the LPEF. We certainly appreciate the donations you have done in the past and we have done great things with the money we raise for our community and teachers. If you would like me to swing by or send you any other info, please let me know Sir. Attached is the flyer for this yearÓs event. Thanks again! Brock Bihm Mr. Electric of Bryan/College Station President Office: 979-775-0777 Mr Electric of Bay Area Fax: 713-477-1786 2318 Center Street Suite 110 Mr Electric of Corpus Christi Deer Park, Texas 77536 Office: 361-991-0777 Office: 713-477-1770 Fax: 713-477-1786 Fax: 713-477-1786 Brock.Bihm@mrelectric2009.com 1 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 Requested By:Teresa Evans, Director Source of Funds:N/A Department:Planning and Development Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Cover Letter;Permit Application;Construction Budgeted Item:YesNo Drawings; Pipeline Data Sheet; Vicinity Map SUMMARY& RECOMMENDATION Seadrift Pipeline Corporationhas made an application with the City of La Porte to construct, operate,and maintain a 10-inch PropanePipeline and associated facilities within the City of La Porte. The pipeline will originateon the west side of Union Pacific Railroad, east of Sens Road,and terminate on theinside of theDow Lomax Facility, located at approximately359 Old Underwood Road, La Porte,TX.The total distance of the pipeline between the two (2) facilities is approximately 2,200 linear feet. The pipelinewill be located between Old Underwood Road and the railroad, south of Hwy 225,in a corridor owned by Exxon and a portion owned by CenterPointEnergy. Cobb Fendley & Associates has reviewed the Seadrift Pipeline Corporationapplication and plans for the 10-inch Pipeline construction are in compliance with the requir presents no conflicts with existing water, sewer, or drainage facilities along its route between Old Underwood Road and the railroad, south of Hwy 225. In accordance with Section 102-236(c), the City Council shall consider approval or denial of the permit. Upon approval by the City Council, staff will execute a construction permit to Seadrift Pipeline Corporation, in duplicate originals; one duplicate shall be delivered to the permittee and one which shall be retained by the City, as required by ordinance. Staff recommends granting the permit application based upon a determination of ACTION REQUIRED BY CITY COUNCIL Approve or Deny the City Manager to execute a Pipeline Permit with Seadrift Pipeline Corporation for the construction of a 10-inch Propane Pipeline within the City of La Porte. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Harris County Engineering Department 10555 NORTHWEST FREEWAY, SUITE 120, HOUSTON, TX 77092 Î OFFICE 713-274-3900 Needs HCFCD approval. !!!!!!!!!!!X/!Sbznpoe!Boh Y CITY OF LA PORTE 40203133 HARRIS COUNTY, TEXAS 80995 COVER SHEET INDEX SHEET REV. X/!Sbznpoe!Boh B4-SOW3510-063419 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 N/A Requested By:Corby Alexander, City Manager Source of Funds: Department:Administration/CMO N/A Account Number: N/A Amount Budgeted: ReportResolutionOrdinance N/A Amount Requested: Exhibits:Agenda Information Sheet, Resolution Sheet Budgeted Item:YesNo SUMMARY& RECOMMENDATION On about March 3, 2021 CenterPoint Energy Resources Corp., Texas Coast Division filed for an increase in gas utility rates under the Gas Reliability Infrastructure . l result in an increase in the monthly customer charges as shown below: Proposed Current2022 Interim Rate Customer RateAdjusted Increase Per ScheduleChargeAdjustmentChargeBill R-2096-I-GRIP 2022;$18.62$1.32$19.94$1.32 R-2096-U-GRIP 2022per customerper customerper customerper customer Residentialper monthper monthper monthper month GSS-2096-I-GRIP 2022; GSS-2096-U-GRIP 2022$22.81$2.12$24.93$2.12 General Serviceper customerper customerper customerper customer Smallper monthper monthper monthper month GSLV-627-I-GRIP 2022; GSLV-627-U-GRIP 2022$295.14$70.32$365.46$70.32 General Serviceper customerper customerper customerper customer Large Volumeper monthper monthper monthper month base rates CenterPexcludesthe cost of gas: Residential Customer: 6.4% Commercial Customer: 7.0% General Service Large Volume: 15.1% Under section allowed to request increases in its rates to recover a return on investments it makes statute, that is, the Under a decision by the Supreme Court of Texas, the Court concluded that a filing made under the GRIP statute permitted gas utilities the opportunity to recover return on capital expenditures made during the interim period between rate cases by applying for interim rate adjustment and that proceedings under the GRIP statute did not contemplate either adjudicative hearings or substantive review of utilities' filings for interim rate adjustments. Instead, the Court concluded, the GRIP statute provides for authority to preclude cities from intervening and obtaining a hearing before the Railroad Commission. Alliance of CenterPoint Municipalities of cities was formed by the Cities of Angleton, Baytown, Clute, Freeport, League City, Pasadena, Pearland, Shoreacres, West Columbia, and Wharton to coordinate their efforts in reviewing the rates, services, and operations of CenterPoint Energy respective boundaries. TCUC has been represented by the law firm of Herrera Law & Associates, PLLC (through Mr. Alfred R. Herrera) to assist in reviewing applications to change rates submitted by CenterPoint since formation of TCUC. The City of La Porte is part of other similar coalitions with regard to CenterPoint Energy- -utility services. Joining in TCUC will benefit both La Porte and TCUC through addition of another city voice in the review of gas-utility rates, Currently, t focus is in rate cases involving CenterPoint. On a case-by-case basis, and as directed by TCUC, TCUC will solicit funding for projects outside of the ratemaking arena (generally involving legislative matters or rulemaking proceedings before the Railroad Commission of Texas) to fund those efforts. ACTION REQUIRED BY CITY COUNCIL Approve Resolution 2021-39 to suspend the effective date proposed by CenterPoint Energy Resources Corp., Texas Coast Division, to increase rates under the Gas Reliability Infrastructure Program for 45 days, and authorize the s Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RESOLUTION NO.___________ A RESOLUTION BY THE CITY OF _________________________, TEXAS, ("CITY") REGARDING THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM; SUSPENDING FFECTIVE DATE FOR FORTY- FIVE DAYS; AUTHORIZING THE CITY PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION" OF CITIES; DETERMINING THAT THE MEETING AT WHICH THE RESOLUTION WAS ADOPTED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS: on or about March 3, 2021 CenterPoint Energy Resources Corp., Texas Coast filed for an increase in gas utility rates under the Gas Reliability in a requested increase in the monthly customer charges as shown in the table below: Proposed Current 2022 Interim Rate Customer Rate Increase Per Schedule Charge Adjustment Adjusted Charge Bill R-2096-I-GRIP 2022; $18.62 $1.32 $19.94 $1.32 R-2096-U-GRIP 2022 per customer per customer per customer per customer Residential per month per month per month per month GSS-2096-I-GRIP 2022; GSS-2096-U-GRIP 2022 $22.81 $2.12 $24.93 $2.12 General Service per customer per customer per customer per customer Small per month per month per month per month GSLV-627-I-GRIP 2022; GSLV-627-U-GRIP 2022 $295.14 $70.32 $365.46 $70.32 General Service per customer per customer per customer per customer Large Volume per month per month per month per month and WHEREAS: The City has a responsibility to exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries; and WHEREAS: The application to increase rates by CenterPoint is complex; and WHEREAS: It is necessary to suspend effective date of May 2, 2022, for its increase in rates for forty-five days so that the City can assure itself that the data and are in accordance with the Section 104.301 of the Gas Utility Regulatory Act; and 1 of 2 WHEREAS: The effective date proposed by CenterPoint is May 2, 2021 but a suspension by the City will mean that the rate increase cannot go into effect prior to June 16, 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ___________, TEXAS THAT: Section 1. That the statements and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The City suspends the requested effective date by CenterPoint for forty-five days pursuant to the authority granted the City under Section 104.301 of the Texas Utilities Code. The City finds that additional time is needed in order to review the data and calculations that provide the basis for the rate increase application. Section 3. The City shall continue its participation with other cities that are part of a coalition of cities known as the . Section 4. The City authorizes the law firm of Herrera Law & Associates, PLLC, to es. Section 5. To the extent allowed by law, CenterPoint is ordered to pay the City's reasonable rate case expenses incurr rate increase application within 30 days of receipt of invoices for such expenses. Section 6. The meeting at which this resolution was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 7. This resolution shall be effective immediately upon passage. PASSED AND APPROVED this _______ day of ______________________ 2022. ______________________________________ MAYOR ATTEST: ______________________________________ CITY SECRETARY 2 of 2 AGENDA INFORMATION SHEET AGENDA ITEM NO. _____________________ ACTION TO SUSPEND THE EFFECTIVE DATE PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM, FOR 45 DAYS, AND AUTHORIZE THE CITY CONTINUED PARTICIPATION IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION" ALLIANCE OF CENTERPOINT MUNICIPALITIES The City is a member of the . TCUC was organized by a number of municipalities served by CenterPoint Energy Resources Corp., Houston and Texas Coast Divisions and has been represented by the law firm of Herrera Law & Associates, PLLC (through Mr. Alfred R. Herrera) to assist in reviewing applications to change rates submitted by CenterPoint. Under section 104.301 of the Gas Utility Regulatory Act (GURA), a gas utility is allowed to request increases in its rates to recover a return on investments it makes between rate cases. This Infrastructure Program, and is also ref The Supreme Court of Texas concluded that a filing made under the GRIP statute permitted gas utilities the opportunity to recover return on capital expenditures made during the interim period between rate cases by applying for interim rate adjustment and that proceedings under the GRIP statute did not contemplate either adjudicative hearings or substantive review of utilities' filings for interim rate adjustments. Instead, the Court concluded, the GRIP statute provides for a ministerial review of Railroad Commission preclude cities from intervening and obtaining a hearing before the Railroad Commission. - filing. On about March 3, 2021 CenterPoint filed for an increase in gas utility rates under the Gas Reliability (Gas Utility Regulatory Act, § 104.301) and proposed an effective date of May 2, 2022, for its increase in ratesf approved by the Commission will result in an increase in the monthly customer charges as shown below: 1 of 2 Proposed Current 2022 Interim Rate Customer Rate Increase Per Schedule Charge Adjustment Adjusted Charge Bill R-2096-I-GRIP 2022; $18.62 $1.32 $19.94 $1.32 R-2096-U-GRIP 2022 per customer per customer per customer per customer Residential per month per month per month per month GSS-2096-I-GRIP 2022; GSS-2096-U-GRIP 2022 $22.81 $2.12 $24.93 $2.12 General Service per customer per customer per customer per customer Small per month per month per month per month GSLV-627-I-GRIP 2022; GSLV-627-U-GRIP 2022 $295.14 $70.32 $365.46 $70.32 General Service per customer per customer per customer per customer Large Volume per month per month per month per month the following percentage increases in base rates in an average custome has direct control, which excludes the cost of gas: Residential Customer: 6.4 Commercial Customer: 7.0% increase in average General Service Large Volume: 15.1 Including the cost of gas Residential Customer: 2.9 Commercial Customer: 1.6 General Service Large Volume: 3.4 REVIEW AND ACTION RECOMMENDED is limited, the City should exercise due diligence with regard to rate increases of monopoly utilities who operate within its boundaries, including increases requested under the GRIP statute to ensure compliance with the requirements of that law. produce a rate of return in excess of its authorized rate of return. To exercise its due diligence, it is necessary to suspend effective date of May 2, 2021, for forty-five days to June 16, 2022, so that the City can evaluate whether the data are correctly done. Therefore, Special Counsel, the law firm of Herrera Law & Associates, PLLC (through Alfred R. Herrera) recommends that the City adopt a resolution suspending CenterPoi proposed effective date for 45 days. Assuming a proposed effective date of May 2, 2021, June 16, 2021. 2 of 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 Requested By:Ray Mayo, Director Source of Funds:032 Grant Fund Department:Public Works Account Number:032-7086-532-1100 Amount Budgeted:$220,000 ReportResolutionOrdinance Amount Requested:$171,100 Exhibits:Evaluation Summary; Proposal, ARPA Budgeted Item:YesNo information SUMMARY& RECOMMENDATION The Lift Station 31 Rehabilitation Project was one of fifteen potential projects,included as ,identified to be funded using American Rescue Plan Act (ARPA)funds.The project is intended to replace four self- priming pumpswith new submersible pumps, and potentially consolidate two existing lift station wet-wells into a single lift station wet well to house the new pumps. The Cityadvertised Request for Qualifications (RFQ)#21602, in May 2021, for the provision of professional engineering services for various infrastructure rehabilitation projects.Twenty-four (24) statements of qualifications were received in response to the advertisement. An evaluation team consisting of the Assistant Director of Public Works, Utilities Superintendent, and CIP Manager evaluated each response. The top six respondents: Cobb, Fendley& Associates; Halff Associates; HDR Engineering; LJA Engineering; Lockwood, Andrews, & Newnam; and Schaumburg & Polk, were short- listed, to be utilized for upcoming projects, as needed.Short-listing multiple firms allows the work load to be distributed amongst various firms, as needed, to simultaneously complete projects. Cobb, Fendley & Associates; Halff Associates; HDR Engineering; LJA Engineering; and Lockwood, Andrews, & Newnam are all currently providing professional engineering services to the City on other projects. Schaumburg and Polk, Inc(SPI) has provided similar services to the City of La Porte, associated with the Bayshore Park Waterline RelocationProject,and met performance expectations. City of La Porte staffhas negotiated a professional services agreement with Schaumburg and Polk, Inc.to provide preliminary engineering, design,and construction phase servicesfor the Lift Station 31 Rehabilitation Project, for a total amount, not to exceed $171,100.00.The preliminary engineering report is anticipated to be completed within six weeks from the project start date. The project schedule for final design will be developed based upon recommendations from the preliminary engineering report. Benefits: This project allows for a more efficient lift station design. Project would be fully funded using ARPA funds. Aging lift station infrastructure would be replaced. Liabilities: Maintenance and repair efforts are prolonged. If denied, grants funds may not be available, and project would impact CIP budget. Staff recommends the execution of a professional services agreement with Schaumburg and Polk, Inc. for professional engineering services related to the Lift Station 31 Rehabilitation Project. ACTION REQUIRED BY CITY COUNCIL Consider authorizing the City Manager to execute a professional services agreement with Schaumburg and Polk, Inc. for an amount not to exceed $171,100.00 for Lift Station 31 Rehabilitation Project. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date RFQ 21602 ENGINEERING SERVICES FOR INFRASTRUCTURE IMPROVEMENT PROJECTS EVALUATION SUMMARY 5 AEI ARCENEAUX BINKLEY & CIVITECH COBB CONSOR DANNENBAUM GUNDA HALFF HDR HUITT- CriteriaMax Points ENGINEERINGENGINEERINGWILSON & COLEBARFIELDENGINEERINGFENDLEYENGINEERSENGINEERINGCORPORATIONASSOCIATESENGINEERINGZOLLARS Experience 120106106941011011139585102106117101 Work Performance 75494751585360564354696762 Capacity to Perform 105836158857283796370909663 Final Scores300238214203244226256230191226265280226 IDS LOCKWOOD OLLER KIT MCDONOUGH SCHAUMBURG TLC WALTER P WOOD ZARINKELK ENGINEERING LJA ENGINEERINGANDREWS & ENGINEERINRPS CriteriaPoints PROFESSIONALSENGINEERING& POLKENGINEERINGMOOREENVIRONMENTALENGINEERING GROUPNEWNAMG Experience 120104102115117998611711376907999 Work Performance 75365055627139466639612433 Capacity to Perform 105376981905644748872843964 Final Scores300177221251269226169237267187235142196 Summary 1. HDR Engineering 2. Lockwood, Andrews & Newnam 3. Schaumburg & Polk 4. Halff Associates 5.Cobb Fendley 6. LJA Engineering City of La Porte Fairmont Park Lift Station Attachment A Scope and Budget of Engineering Services Description of Project and Budget The project is to replace the existing four self-prime wastewater pumps with submersible pumps. The site presently consists of three circular wet wells. The following are project objectives on which the scope of work is based. Lift Station Capacity: Capacity is currently 1,100 gpm. The existing power feed and standby generator are to be retained, and the force main is to be re-used. This power and force main limitations are note expected to allow for an increase in capacity. Wet Well: The re-use of the existing wet wells or construction of a new wet well has not be determined. The scope of services to be provided are for Preliminary Design Phase and Final Design. The total budget for all services is estimated at $171,100 (a level of effort is enclosed). The Initial Authorization for Preliminary Design Services is $22,200. A subsequent authorization for an amount not to exceed $148,900, for the Final Design and Subconsultant services will be provided once the scope of work and associated level of effort is better defined. Initial Authorization The scope being authorized at this time includes Preliminary Design as outlined below. Preliminary Design This phase will identify options and recommendations with consideration of constructability and costs while meeting the objectives. A brief description of the work and objectives of the tasks are as follows: 1. Information Collection and Evaluation: Readily available information (force main properties, existing structure dimensions, pump discharge conditions) and/or assumptions from the City will be gathered to establish a preliminary technical evaluation of major design factors (pump curve sensitivity, preliminary pump selection, pump layout requirements, and pump horsepower requirements) and options (primarily new wet well versus re-use of existing wet well) and pump limitations based on the existing force main and generator. 2. Preliminary Report: A letter report will provide a summary of the options explored, and outline maintenance and operation items for discussion. A meeting will be held with key City staff to review the findings, address City questions and reach a consensus for direction. A total of six weeks, after authorization to proceed, will be required to submit the preliminary report for review. Future Authorization Engineer will develop a level of effort based on the scope of work identified as a result of the Preliminary Design. The general scope for final design will be in two stages described as follows. 1 of 3 City of La Porte Fairmont Park Lift Station Attachment A Scope and Budget of Engineering Services 1. Preliminary Plans: Based on the direction reached as a result of the preliminary report, develop a preliminary site plan showing the general pump arrangement, wet well (construction or rehabilitation), relocation and removal of existing equipment, new piping arrangement, summary of anticipated pump operations (e.g. pump sequence, flow control, anticipated pump performance), and construction phasing limitations to be considered by the contractor during construction. In addition to the pumps, the City will need to advise of any concerns about the existing force main condition. The budget does not include assessment or modifications to the existing force main. 2. Subconsultant Tasks: Based on the findings of the Preliminary Design, identify the need and scope of survey, geotechnical, and electrical services required and procure the services. 3. Final Plans: Complete a final set of plans showing existing facilities to remain and to be removed/rehabilitated; proposed structures; equipment; piping; electrical; and site improvements to be included. 4. Specifications: Provide technical specifications that describe materials of construction, installation procedures and testing. 5. City will provide direction concerning equipment manufacturer qualification based on City policy/procedures. 6. Final Bid Documents: SPI will provide the bid form. The opinion of probable construction costs will be the Engineer. 7. Bid Phase: City will have the primary responsibility for receipt of bids. SPI will assist in preparation of addenda, provide tabulation of bids, recommendation of award, and assist in the execution of the contracts. 8. Construction Phase Services: City will primary responsibility for management and oversight of construction A project schedule will be developed as future authorizations are initiated. Potential Subconsultant Services The following services require further definition of need and level of effort which are dependent on direction resulting from the Preliminary Design Phase. Authorizations will be requested and approved at a later date. The following is a brief summary of tasks and factors affecting the scope. 1. Survey: A. Tasks: Site surveys B. Questions/Information: Determine accuracy of information reflected on existing drawings, and hydraulic operation conditions. This would primarily be needed if excavation is needed for a wet well or major line work. Definition of hydraulic conditions is primarily related to elevation of the lift station to the force main discharge at the manhole. C. Alternate Source: Critical field measurements between structures (by SPI office staff). City 2 of 3 City of La Porte Fairmont Park Lift Station Attachment A Scope and Budget of Engineering Services information regarding force main discharge elevation (City records of manhole inspection reports, confirmation by City crew, and/or available elevation information in models). 2. Geotechnical A. Tasks: Define subsurface conditions and soil engineering properties. B. Questions/Information: Primarily soil loads for new structure design, types of soils which affect trench/excavation safety, and groundwater. Not likely to be required if site excavation is minimal and limited to the line depths. C. Alternate Source: Previous geotechnical reports for this site. 3. Electrical: A. Tasks: It has been stated it is preferred to maintain the existing "pump horsepower" ratings in order to re-use the primary feed and standby power. Given the existing pumps appear to be rated for 1100 gpm, and the velocity in the existing 8-inch force main is near the maximum 6 fps maximum velocity, it is unlikely there will be an increase in pump capacity without an increase in force main size. Additionally, horsepower can be affected by deterioration of the existing force main. B. Question/Information: This task will largely depend on the final pump capacity for design, and if existing feed/generator requires significant re-location. C. Alternate Source: Existing plans will require confirmation in the field. 3 of 3 CITYOFLAPORTEFAIRMONTLIFTSTATION ATTACHMENTBTASKSANDLEVELOFEFFORTFORENGINEERINGSERVICES 27027023023015511570 HourSummarybyClassificationBudget SubtotalbySubtotalby EIXEIXEVIIEVIIEIVE1 TASKS RJBMDTRNBMCJHAATaskPhase LaborExpenses PRELIMINARYDESIGNPHASE(AuthorizationA)$22,200 InformationCollectionandEvaluation Collect/distributeexist.info.,proj.obj.12334$100 Pumpcurveanalysis212 CycleTime16 PumpLayout128 ExistingWetWell2 ProposedWetWell2 PipingRequirements28 ExistingWetWell4 ProposedWetWell4 QA/QCandPM422 21280371600$15,625$100$15,725 PreliminaryReport SummaryofFindings62264 ListofMaintenance&Operations2 Meetingw/City62$105 SummaryofMeeting2 160204640$6,370$105$6,475 FINALDESIGN(AuthorizationB)$119,011 PreliminaryPlans SiteVisitandCreationfromexist.drawings61232$200 ExistingFacilityRemoval/Relocation0.544 SiteLayoutofProp.Improvements284 SitePiping(2)1286 WetWellImprovements(2)0.5420412 PumpOperations/Control26 ConstructionPhasing2324 QA/QCandPM42248 SubconsultantProcurement6 2421120487000$29,640$200$29,840 DESIGNPHASE,including5%contingency FinalPlanDocuments Plans CADStandard&Coord146 CoverSht/Index12 SitePlan/GeneralNotes2283 Demolition/Relocation36 PumpandAssoc.Piping(planandsection)818 SitePiping248 WetWellPlan(newwetwellorrehabnewtop)1220416 WetWellSections26 WetWellDetails428 GeneralSiteDetails628 QA/QC&PM124648 Specifications816 Pumps2 PipingandValves4 Structural41 SiteFencing1 CoordinationwithElectrical62 Electrical(SeparateAuthorization) BidForm&OPCC4244 ContractDocuments(byOwner)42 FinalReview(withOwner)6428 Subconsultant Geotechnical$20,000 Electrical$15,000 Survey$3,000 TOTALHOURSandBUDGET52416285897220$46,925$38,000$89,171 11383748147189260 CITYOFLAPORTEFAIRMONTLIFTSTATION ATTACHMENTBTASKSANDLEVELOFEFFORTFORENGINEERINGSERVICES 27027023023015511570 HourSummarybyClassificationBudget SubtotalbySubtotalby EIXEIXEVIIEVIIEIVE1 TASKS RJBMDTRNBMCJHAATaskPhase LaborExpenses BIDPHASE BidTabulation25$4,060 ROA2 Cont.Exec.24 Addenda1244 TOTALHOURSandBUDGE T7020449$4,060$4,060 CONSTRUCTIONPHASE PreConst.41$25,829 SubmittalReview(6items)6324 MonthlyPayRequests(10payrequests)20 SiteVisits(5)128$319 FinalPayReq.&RecordDrawings286 ElectricalSubconsultant$4,000 TOTALHOURSandBUDGET3807048640$20,280$4,319$24,599 TOTALCOST$171,100 American Rescue Plan Grant Funding Background Information Under the American Rescue Plan Act (ARPA) of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) provides emergency funding for eligible local governments. CLFRF funding is provided at a 100% federal share. The U.S. Treasury manages the distribution of these funds to Texas counties and cities with populations above 50,000. Cities, villages, towns, and townships serving populations of less than 50,000 are classified as non-entitlement units (NEUs) of local government and will receive funding distributed by TDEM, with the City of La Porte having a total allocation of $8,666,561.35, with no matching requirement for participating in the program. Local Recovery Funds will allocation, with the City of La Porte receiving its first allocation of $4,333,280.68 on August 23, 2021. The American Rescue Plan requires that funds be expended by December 31, 2026, for the following purposes: (1) To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (3) For the provision of government services to the extent of the reduction of revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or tribal government prior to the emergency; or (4) To make necessary investments in water, sewer, or broadband infrastructure. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 032 Grant Fund Requested By:Ray Mayo, Director Source of Funds: Department:Public Works 032-7085-533-1100 Account Number: $550,000.00 Amount Budgeted: ReportResolutionOrdinance $400,000.00 Amount Requested: Exhibits: Bid Tabulation22001, Notification and Budgeted Item:YesNo Access Report, Letter of Recommendation, Bid from WW Payton Corporation, ARPA Information SUMMARY& RECOMMENDATION Responses to the City of La Porte Bid #22001,Water Plant 9 Ground Tank Replacement werereceivedon February 8, 2022. The notice to bidders wereadvertised in the Bay Area Observeron January 13th and January 20th. The notice wasalso posted on the City of La Porte website,Public Purchase and Dunham Engineering website. Sixty-sixvendors were notified with twenty-eightdownloading the bid documentsand two contractors returning bids. W.W. Payton Corporation submitted the lowest bid in the amount of $375,000.00.Staff is requesting a contingency amount of $25,000, for a total authorization of $400,000.00. This project is identified to be funded using American Rescue Plan Act (ARPA) funds. Dunham Engineering, Inc. prepared the design and specifications for the storage tank and will oversee construction inspections. Dunham Engineering, Inc. has submitted a letter of recommendationin favor of W.W. Payton. Staff recommends award of bid #220001 to W.W. Payton Corporation. The City has used this contractor in the past with excellent results. Benefits: Reduced maintenance is anticipated on the new structure. Liabilities: The existing tank isover 30 years old and the interior coating is failing. If tank is not replacedwater quality issues could arise. ACTION REQUIRED BY CITY COUNCIL Consider awardofBid #22001-Water Plant 9 Ground Tank Replacement, to W.W. Payton Corporation and authorize the City Manager to execute a construction contract in the amount of $375,000.00 and approve a project contingency of $25,000.00, for a total authorization of $400,000.00. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date Bid Tabulation to Sealed Bid #22001 - Water Tank 9 Replacement Project Gemini Contracting W.W. Payton Corp.Services, Inc. Estimated QuantityDescription Item No.Total PriceTotal Price Furnish material and labor to demolish and remove existing tank per the Technical Specifications 1Lump Sum15,00040,000 Furnish material and labor to erect new bolted steel tank per the Technical Specifications 2Lump Sum345,000348,000 Fuirnish material and labor to connect the new tank to existing piping and valves and place in service per the Technical Specifidcations 3Lump Sum15,00020,000 TOTAL BASE BID $375,000.00$408,000.00 Name of bolted steel tank sub-contractor: SuperiorSuperior Tank Company Calendar days to complete: 210 calendar days270 calendar days No Addenda Bid Tab ProvidedYesYes Sealed Bid #22001 Notifications & Access Report Notification Report: Vendor NameReason AAA Asphalt Paving Inc.Bid Notification All Pro General Construction, InBid Notification AVIATE ENTERPRISES, INC.Bid Notification Baukus ElectricBid Notification Blastco Texas, Inc.Bid Notification Boyer, Inc.Bid Notification Brizo ConstructionBid Notification Calco Contracting, Ltd.Bid Notification CDC NewsBid Notification Chief Solutions, Inc.Bid Notification CONSOR Engineers, LLC dba U Bid Notification Crescent Engineering Co IncBid Notification D DavilaBid Notification derk harmsen const. co incBid Notification F&L Coatings and Concrete, LLBid Notification Florida Traffic Control Devices, Bid Notification Granite InlinerBid Notification Greenlee Plumbing Services, In Bid Notification GULF STATES PROTECTIVE Bid Notification GW Phillips Construction, INC. Bid Notification HDR Engineering, Inc.Bid Notification Horseshoe Construction, IncBid Notification inCon-trol Water SystemsBid Notification IPR South Central LLCBid Notification ISI Contracting, Inc.Bid Notification J&G Concrete ProductsBid Notification J.T.B. Services IncBid Notification K2 Services, LLCBid Notification Kessler PaintingBid Notification KING SOLUTION SERVICES LBid Notification Maguire Iron, Inc.Bid Notification Monroe Pump Service Inc.Bid Notification National Works, Inc.Bid Notification NEC Construction, LtdBid Notification Paskey IncorporatedBid Notification Paskey IncorporatedBid Notification Pfeiffer & Son, Ltd.Bid Notification Pittsburg Tank & Tower Mainten Bid Notification PLW Waterworks, LLCBid Notification Polston Applied Technologies CBid Notification Precision Plant Services, LLC.Bid Notification QC Laboratoires, Inc.Bid Notification R J Construction Company, IncBid Notification R. L. UtilitiesBid Notification R.H. Shackelford, Inc.Bid Notification RAC Industries, LLCBid Notification Resinating LLCBid Notification SAK Construction, LLCBid Notification SJ&J CONSTRUCTION, LLCBid Notification Southern Road & BridgeBid Notification Stone Castle IndustriesBid Notification Synagro Bid Notification T & A Turf and Irrigation, LLC.Bid Notification Tank Pro, Inc.Bid Notification Tankez Coatings, Inc.Bid Notification TCH Directional DrillingBid Notification Texas Materials Group, Inc. dba Bid Notification texas pride utilities, llcBid Notification TLC Trucking & Contracting, IncBid Notification TMI Coatings, Inc.Bid Notification United Industries Group, Inc.Bid Notification Utility Service Co IncBid Notification Viking Painting LLCBid Notification Virtual Builders ExchangeBid Notification VistraticBid Notification W.W. Payton CorportionBid Notification Access Report: Vendor NameAccessedDocuments american tank company2022-01-13 09:54 AM CSTBid #22001 Water Tank 9 Replacement Proje BidClerk2022-01-18 09:41 AM CST Blastco Texas Inc2022-01-13 10:23 AM CSTBid #22001 Water Tank 9 Replacement Proje Caldwell Tanks, Inc.2022-01-13 09:39 AM CSTBid #22001 Water Tank 9 Replacement Proje CivilTech Engineering, Inc.2022-01-14 11:43 AM CST CMS2022-01-13 11:40 PM CST ConstructConnect2022-01-18 09:49 AM CSTBid #22001 Water Tank 9 Replacement Proje Construction Journal2022-01-17 03:22 AM CSTBid #22001 Water Tank 9 Replacement Proje D&M TANK LLC2022-01-17 08:14 AM CSTBid #22001 Water Tank 9 Replacement Proje Dale Dobbins2022-01-26 10:35 AM CSTBid #22001 Water Tank 9 Replacement Proje Dodge Data & Analytics2022-01-18 06:04 AM CSTBid #22001 Water Tank 9 Replacement Proje Gemini Contracting Services2022-02-02 10:30 AM CSTBid #22001 Water Tank 9 Replacement Proje Hearn Company2022-01-13 02:51 PM CSTBid #22001 Water Tank 9 Replacement Proje Heneco2022-01-13 10:00 AM CSTBid #22001 Water Tank 9 Replacement Proje HENECO ENGINEERING AND 2022-01-13 11:27 AM CSTBid #22001 Water Tank 9 Replacement Proje Hydrona2022-01-19 12:57 PM CSTBid #22001 Water Tank 9 Replacement Proje HySafe2022-01-14 08:58 AM CST IMS2022-01-14 03:55 AM CSTBid #22001 Water Tank 9 Replacement Proje Iseler Demolition, Inc2022-01-13 10:00 AM CSTBid #22001 Water Tank 9 Replacement Proje J.T.B. Services Inc2022-02-07 01:26 PM CSTBid #22001 Water Tank 9 Replacement Proje Maguire Iron, Inc.2022-01-13 09:42 AM CSTBid #22001 Water Tank 9 Replacement Proje North America Procurement Co2022-01-17 08:56 AM CSTBid #22001 Water Tank 9 Replacement Proje Onvia2022-01-13 01:04 PM CSTBid #22001 Water Tank 9 Replacement Proje Paso Robles Tank, Inc.2022-01-17 09:14 AM CSTBid #22001 Water Tank 9 Replacement Proje Perkens WS Corporation2022-01-16 09:09 PM CSTBid #22001 Water Tank 9 Replacement Proje Pittsburg Tank & Tower Mainten 2022-01-17 03:01 PM CST Pro Generator Services2022-01-13 07:10 PM CST PWXPress2022-01-19 08:45 AM CSTBid #22001 Water Tank 9 Replacement Proje RFx Analyst2022-01-13 11:47 AM CSTBid #22001 Water Tank 9 Replacement Proje SmartProcure2022-01-14 03:34 AM CSTBid #22001 Water Tank 9 Replacement Proje Superior Grouting2022-01-13 09:42 AM CSTBid #22001 Water Tank 9 Replacement Proje Tank Pro, Inc.2022-01-13 09:45 AM CST Tankez Coatings, Inc.2022-01-13 10:05 AM CST Tukmol General Contractor2022-01-21 12:37 AM CST United Industries Group, Inc.2022-01-13 04:46 PM CSTBid #22001 Water Tank 9 Replacement Proje Viking Painting LLC2022-01-13 09:21 AM CST W.W. Payton Corportion2022-01-13 09:45 AM CSTBid #22001 Water Tank 9 Replacement Proje Wayne Enterprises2022-01-13 12:13 PM CST Webtech2022-01-14 06:26 AM CSTBid #22001 Water Tank 9 Replacement Proje Winston Water Cooler2022-01-14 11:05 AM CST Dunham Engineering, LLC an HMT Company 6102 Imperial Loop College Station, TX 77845 Phone: (979) 690-6555 February , 2022 City of La Porte rd 2963 N 23Street La Porte, Texas 77571 Attn: Ray Mayo, Public Works Director Re: Recommendationof Contractor for Water Plant #9 Ground Storage Tank Replacement The purpose of this letter is to recommend a contractor for the above referenced project. A complete bid tabulation from the February 8, 2022, public bid opening is attached. This project involves the replacementofthe Bolted Steel Water Storage TankatWaterPlant#9for theCity of La Porte, Texas. 1.Bid Tabulation Sheet – Two (2) contractors participated in the bidding process. The bids were checked for mathematical errors and/or bid irregularities. The bids were found to have no mathematical errors and/or bid irregularities. The project was bid with a Base Bid and no Alternate Bid Items. Copy of Bid Tabulation is attached. 2.Qualifications and References – The lowest responsive and responsible bidder, W. W. Payton Corporation of Katy, Texas provided an acceptable list of qualifications and references. T he lowest, responsive and responsible bidder, W. W. Payton Corporation is recommended for award for a total contract price not to exceed $375,000. A copy of the Bidder’s Proposal is attached. Dunham Engineering has interviewed the Contractor’s Project Manager, and reviewed submitted references for similar projects, and has found all to be satisfactory. If you should have any questions regarding the above recommendations, please feel free to call anytime. Sincerely, Dalton Warren, E.I.T. American Rescue Plan Grant Funding Background Information Under the American Rescue Plan Act (ARPA) of 2021, the Coronavirus Local Fiscal Recovery Fund (CLFRF) provides emergency funding for eligible local governments. CLFRF funding is provided at a 100% federal share. The U.S. Treasury manages the distribution of these funds to Texas counties and cities with populations above 50,000. Cities, villages, towns, and townships serving populations of less than 50,000 are classified as non-entitlement units (NEUs) of local government and will receive funding distributed by TDEM, with the City of La Porte having a total allocation of $8,666,561.35, with no matching requirement for participating in the program. Local Recovery Funds will allocation, with the City of La Porte receiving its first allocation of $4,333,280.68 on August 23, 2021. The American Rescue Plan requires that funds be expended by December 31, 2026, for the following purposes: (1) To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the State, territory, or tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; (3) For the provision of government services to the extent of the reduction of revenue of such State, territory, or Tribal government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or tribal government prior to the emergency; or (4) To make necessary investments in water, sewer, or broadband infrastructure. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March28,2022 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:Tri-Star Lease Agreement Budgeted Item:YesNo SUMMARY& RECOMMENDATION Tri-StarAviation, Inc.is one of the four(4)fixed base operators (FBO) that leases a property at the La Porte Municipal Airport. Tri-Star has occupied the same tract since 2002, as a successor to the previous tenant Bayport Aviation.The tenant is currently the largest FBO at the airport, and is beneficial to airport operations. The first amendment to the 1985 lease agreement was in April 2002. This current agreement is due to expire on March 31, 2022. The tenant hasexpressed interest in a new lease agreement, effectively extending the lease for a 25-year term.The agreement has a provision for a five-year extension optionat the end of the 25-year lease. Lease rates for aeronautical fixed-base operations are established by ordinance. These rates are structured to attract aeronautical business and promote development on the airport. The tenant is current on lease payments and maintains the required level of insurance.The tenant meets the minimum standards to conduct aeronautical activities at the airport. Tri-Star has tendered the non-refundable lease preparation fee of $500.00. Staff recommends approval of the new lease agreement for Tri-Star Aviation, Inc.for a 25 year term. Benefits: Longer lease terms promote stability and development for the airport. Liabilities: Theaeronautical community that fillsthese roles of fixed base operators is limited. ACTION REQUIRED BY CITY COUNCIL Approve agreement with TriStar Aviation, Inc. for lease of real property at the La Porte Municipal Airport for aeronautical fixed base operations, with a twenty-five (25) year lease term, plus one five (5) year renewal option. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March28, 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: Ordinance2022-3873; P&Z Letter of Budgeted Item:YesNo Recommendation;Area Map;Zoning Map;Future Land Use Map;Application SUMMARY& RECOMMENDATION Rick Kight of ODIA Fairmont, LLC, owner, requests approval of Special Conditional Use Permit (SCUP) 22-91000002, to allow for merchant wholesaler usesin the Business Industrial (BI) zoning district.The site is an8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy. The subject property is currently undeveloped and owned by ODIA Fairmont, LLC. The owner has a potential tenant interested in relocating their operations to the southeastern portionof the property. The current proposal calls for the construction of a single office warehouse building along with an associated truck court and required detention. The building will be approximately 83,185 square feet in total floor area. Global Agri-Trade is the proposed tenant for the site, and theproposed use would be classified as NAICS Code 424490 -Other Grocery and Related Products Merchant Wholesalers. Section 106-310 TableA of the City of La Porte Code of Ordinances states that the proposeduse requires the approval of a Special Conditional Use Permit (SCUP) in the BI zoning district. As part of the SCUP approval process, staff and thePlanning and Zoning Commission haverecommended nine (9)conditions of approval, as follow: 1.A site development plan shall be submitted, if necessary, in accordance with applicable requirements of the Cit Ordinances and all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.All Merchant Wholesale Uses listed in Chapter 106-310 shall be permitted on site. 3.The proposed building may not exceed 85,000 square feet in total floor area. 4.All truck bays must be located to the rear (north) of the building and screened from view of public right-of-way. 5. All onsite areas utilized for storage, parking, or driving must be paved with either concrete or asphalt. 6. No Shipping containers are permitted to be stored outside unless affixed to a chassis. 7. Any outside storage shall be screened from view of adjoining properties with chain-link fence is permitted. 8. Hazardous materials which may or may not require a placard may not be stored on site for any length of time. This prohibition includes hazardous materials stored in the building or on trucks and shipments of hazardous materials that are defined as in-transit by the Department of Transportation (DOT). 9. Any substantive modifications to this Special Conditional Use Permit will require . The Planning & Zoning Commission held a public hearing on this item at their February 17, 2022 regular meeting. For the public hearing, staff mailed four (4) public notices to property owners located within 200 feet of the subject property. Staff has not received any returned comment sheets to date. One resident spoke at the meeting in opposition to the proposed use, citing concerns over increased traffic in the area The Commission voted on a motion to recommend approval of the SCUP request, as presented with the nine (9) conditions. The vote was 5-1, and the motion to approve carried. Commissioner ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3873 for SCUP request #22-91000002, to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3873 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 22-91000002, TO ALLOW FOR MERCHANT WHOLESALER USES IN THE BUSINESS INDUSTRIAL (BI) ZONING DISTRICT, ON AN 8.4-ACRE TRACT OF LAND LOCATED AT THE 2200 BLOCK OF W. FAIRMONT PARKWAY, AND BEING LEGALLY DESCRIBED AS 8.4 ACRES OUT OF TRACTS 2A, 3, 4, 4A, & TRACT 23D BAYPORT, SECTION 1, ABSTRACT 625, R PEARSALL SURVEY, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City is authorized by Chapter 211 of the Texas Local Government Code to promulgate rules and regulations governing regulation of land use, structures, businesses, and related activities, and that such rules and regulations as adopted by the City promote the safe, orderly, and healthful development of the City; and WHEREAS, on February 17, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4- acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas, following lawful publication of the notice of said public hearing; and WHEREAS, on February 17, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to grant Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas, be approved; and WHEREAS, on March 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to grant Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County; 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 Special Conditional Use Permit No. 22- 91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas be approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the City Council to be true and correct and are incorporated herein by this reference. Section 2. ded by granting Special Conditional Use Permit No. 22-91000002 to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district on an 8.4-acre tract of land located at the 2200 Block of W. Fairmont Pkwy, and being legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas, and situated within the BI zoning district. Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as de; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. The City Council of the City of La Porte hereby finds that public notice was properly properties under consideration. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2000.00). Section 9. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. th PASSED AND APPROVED this, the 28 day of MARCH, 2022. CITY OF LA PORTE, TEXAS ______________________________ Louis R. Rigby, Mayor ATTEST: APPROVED: __________________________ ____________________________ Lee Woodward, City Secretary Clark Askins, Assistant City Attorney EXHIBITA CityofLaPorte SpecialConditionalUsePermit #22-91000002 Applicant:Rick Kight, ODIA Fairmont, LLC OwnerorAgent 7880 San Felipe St, Suite 250, Houston, TX 77063 Address DevelopmentName/Type:Global Agri-Trade Warehouse Facility Location: 2200 Block of W. Fairmont Pkwy. Legal Description:8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, TX__________ Zoning:Business Industrial (BI Use:Merchant Wholesaler PermitConditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall development shall be in accordance with the following conditions: 1.A site development plan shall be submitted, if necessary, in accordance with applicable ther department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.All Merchant Wholesale Uses listed in Chapter 106-310 shall be permitted on site. 3.The proposed building may not exceed 85,000 square feet in total floor area. 4.All truck bays must be located to the rear (north) of the building and screened from view of public right-of-way. 5.All onsite areas utilized for storage, parking, or driving must be paved with either concrete or asphalt. 6.No Shipping containers are permitted to be stored outside unless affixed to a chassis. 7.Any outside storage shall be screened from view of adjoining properties with an fence that shall be100% opaque. Vinyl slating in conjunction with a chain-link fence is permitted. 8.Hazardous materials which may or may not require a placard may not be stored on site for any length of time. This prohibition includes hazardous materials stored in the building or on trucks and shipments of hazardous materials that are defined as in-transit by the Department of Transportation (DOT). 9.Any substantive modifications to this Special Conditional Use Permit will require an amendment to Failureto startconstructionofthesitewithin 12monthsafterissuanceoras scheduled undertheterms ofaspecial conditionalusepermitshallvoidthepermitasapproved, exceptupon anextensionof time grantedafterapplication to thePlanning andZoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that furtherdevelopment isnotcontemplated,theordinanceestablishing such specialconditionalusepermit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director February 18, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #22-91000002 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on February 17, 2022 to hear a Special Conditional Use Permit (SCUP) request by Rick Kight of ODIA Fairmont, LLC, applicant and owner. The request is for approval of a SCUP to allow for merchant wholesaler uses in the Business Industrial (BI) zoning district, on an 8.4- acre tract of land located at the 2200 Block of W. Fairmont Pkwy., and legally described as 8.4 acres out of Tracts 2A, 3, 4, 4A, & Tract 23D Bayport, Section 1, Abstract 625, R Pearsall Survey, Harris County, Texas. The subject site is zoned Business Industrial (BI) and Section 106-310, Table A of the Code of Ordinances requires a SCUP in order for the above referenced use to be permitted within the BI zoning district. At the meeting, a resident spoke out in opposition to the proposed use, citing concerns over increased traffic in the area. The Commission voted 5-1 to recommend approval of the proposed SCUP, as presented. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Area Map SCUP #22-91000002 2200 Block of Fairmont Pkwy. Legend Subject Tract FAIRMONT 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 = 314 feet FEBRUARY 2022 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) Zoning Map SCUP #22-91000002 PUD 2200 Block of HI Fairmont Pkwy. Legend Subject Tract BI FAIRMONT 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 GC property boundaries 1 inch = 314 feet FEBRUARY 2022 PLANNING DEPARTMENT LI Houston-Galveston Area Council (H-GAC) FLUP Map LI SCUP #22-91000002 HI 2200 Block of Fairmont Pkwy. MHDR Legend Subject Tract BI FAIRMONT This product is for informational purposes and may not have OUT COM 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 = 314 feet FEBRUARY 2022 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 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: Ordinance2022-3874;P&Z Letter of Budgeted Item:YesNo Recommendation;Area Map;Zoning Map;FutureLand Use Map SUMMARY& RECOMMENDATION Travis and Britney Barnett, applicant and owner,requestapproval of Zone ChangeNo. 22-92000005, a change from the Low Density Residential (R-1) zoning districtto the Large Lot Residential (LLD)zoning district.The 2.448-acre site is located at 10807 Houston Drive andis legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas. The property is currently zoned Low Density Residential (R-1) and consists of a single primary residential structure. The applicant would like to change the zoning of the property to Large Lot Residential (LLD) to allow for the construction of an accessory structure that exceeds 1,000 square feet. The LLD zoning district permits accessory structure that are up to 5,000 square feet in total floor area. The overall site is approximately 2.5 acres in total area, exceeding the minimum 1 acre site area that is required for the LLD zoning district. The Planning & Zoning Commission held a public hearing on this item at their February 17, 2022regular meeting. For the public hearing, staff mailednineteen (19)public noticesto property owners located within 200 feet of the subject property. Staffhas not received any returned comment sheets to dateand nopersonsspoke in favor or opposition to this item at the public hearing. The Commission voted on a motion to recommend approvalof the zone change request, as presented. The vote was 6-0, and the motion to approvecarried. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3874for Zone Change request No. 22- 92000005, a request by Travis and Britney Barnett, applicantand owner, for approval of a zone change from Low Density Residential (R-1)to Large Lot Residential (LLD), on a 2.448-acre tract of land located at 10807 Houston Drive; legally described Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3874 AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 2.448-ACRE TRACT OF LAND LOCATED AT 10807 HOUSTON DRIVE, AND BEING LEGALLY DESCRIBED AS RESERVE A & A1, BLOCK 12, BATTLEGROUND ESTATES SECTION 2, HARRIS COUNTY, TEXAS, FROM LOW DENSITY RESIDENTIAL (R-1) TO LARGE LOT RESIDNTIAL (LLD); 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 February 17, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 2.448- acre tract of land located at 10807 Houston Drive and legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R-1) to Large Lot Residential (LLD), following lawful publication of the notice of said public hearing; and WHEREAS, on February 17, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 2.448- acre tract of land located at 10807 Houston Drive and legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R-1) to Large Lot Residential (LLD) be approved; and WHEREAS, on March 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 2.448- acre tract of land located at 10807 Houston Drive and legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R-1) to Large Lot Residential (LLD); 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 2.448- acre tract of land located at 10807 Houston Drive and legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R-1) to Large Lot Residential (LLD) 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 2.448- acre tract of land located at 10807 Houston Drive and legally described as Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R-1) to Large Lot Residential (LLD). 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 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 28 day of MARCH, 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 February 18, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000005 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the February 17, 2022 meeting on a zone change request by Travis and Britney Barnett, applicant and owner, for a zone change of property legally described Reserve A & A1, Block 12, Battleground Estates Section 2, Harris County, Texas, from Low Density Residential (R- 1) to Large Lot Residential (LLD). The site is a 2.448-acre tract of land located at 10807 Houston Drive. For the public hearing, staff mailed nineteen (19) public notices to property owners located within 200 feet of the subject property. Staff has not received any returned comment sheets to date and no persons spoke in favor or opposition to this item at the public hearing. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 6-0, and the motion to approve carried. 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 #22-92000005 10807 Houston Dr. R-1 to LLD 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 MONUMENT survey and represents only the approximate relative location of property boundaries 1 inch = 125 feet FEBRUARY 2022 PLANNING DEPARTMENT Zoning Map Zone Change #22-92000005 LI 10807 Houston Dr. R-1 to LLD Legend Subject Tract This product is for informational purposes and may not have R-1 been prepared for or be suitable for legal purposes. It does not represent an on-the-ground MONUMENT survey and represents only the approximate relative location of property boundaries 1 inch = 125 feet FEBRUARY 2022 PLANNING DEPARTMENT FLUP Map LL Zone Change #22-92000005 10807 Houston Dr. R-1 to LLD LI Legend Subject Tract LDR 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 MONUMENT survey and represents only the approximate relative location of property boundaries 1 inch = 125 feet FEBRUARY 2022 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March28, 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: Ordinance2022-3876;P&Z Letter of Budgeted Item:YesNo Recommendation;Area Map; Zoning Map;FutureLand Use Map SUMMARY& RECOMMENDATION This is arequest forapproval of Zone ChangeNo.22-92000006from the High Density Residential (R-3) zoning districtto the Low Density Residential (R-1)zoning district. The 16.8-acre site is located between San Jacinto Ave, Park Dive, and East H Street and islegally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas. A subcommittee of the Planning and Zoning Commission completeda comprehensive review of the current zoning within the City, andthefinal results and recommendation wereapproved by the full Commission. In total, the Commission isrecommendingthe rezoning of seven (7) areas of the City. The majorityof these areas are existing single family residential that are currently zoned for medium/high density residential. The recommendation is to rezone these areas for low density,single family residential. The subject propertyfor this requestis currently developed with a mixture of single family homes, medium density residential homes, two non-conforming commercial structures, and a neighborhood park. The Commission determined that due to the existing development and character of the surrounding neighborhood, the property should be rezoned from High Density Residential (R-3) to Low Density Residential (R- 1). This change in zoning would conform to the future land use designation of low density residential for this area. Staff held a community meeting on October 12, 2021 to explain to affected properties owners what was proposed and how the Commission came to the final recommendations. Staff mailed out notices to all thirtyeight (38) affected property ownersalong with property owners from other affected areas. Approximately 16-20 property owners attended the meeting. All who spoke either had questions regarding the effects of the proposed zone change or to express their support forthe proposal. The Planning & Zoning Commission held a public hearing on this item at their February 17, 2022 regular meeting. For the public hearing, staff mailed sixty nine (69) public notices to property owners located within 200 feet of the subject property. Staff received three (3) returned comment sheets all in favor of the proposed zone change. No persons spoke at the public hearing regarding this item. The Commission voted on a motion to recommend approval of the zone change request, as presented. The vote was 6-0, and the motion to approve carried. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3876 for Zone Change request No. 22- 92000006, a request by the City of La Porte, applicant, for approval of a zone change from High Density Residential (R-3) to Low Density Residential (R-1), on a 16.8-acre tract of land located between San Jacinto Ave, Park Dive, and East H Street; legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas. Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3876 AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 16.8-ACRE TRACT OF LAND BETWEEN SAN JACINTO AVE, PARK DIVE, AND EAST H STREET; AND LEGALLY DESCRIBED AS LOTS 1- 13, BLOCK 291; LOTS 1-17, BLOCK 292; LOTS 1-28, BLOCK 294; LOTS 1-38, BLOCK 305; AND LOTS 2-31 & TRACT 20A, BLOCK 306, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, FROM HIGH DENSITY RESIDENTIAL (R-3) TO LOW DENSITY RESIDENTIAL (R-1); 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 February 17, 2022, the La Porte Planning and Zoning Commission conducted a public hearing regarding a request to rezone a 16.8- acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1), following lawful publication of the notice of said public hearing; and WHEREAS, on February 17, 2022, after considering the public testimony received at such hearing, if any, the Planning and Zoning Commission recommended that the request to rezone a 16.8- acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1) be approved; and WHEREAS, on March 28, 2022, the City Council of the City of La Porte conducted a public hearing regarding a request to rezone a 16.8- acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1); 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 16.8- acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1) 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 16.8- acre tract of land located between San Jacinto Ave, Park Dive, and East H Street and legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R- 1). 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 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 28 day of MARCH, 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 February 18, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #22-92000006 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the February 17, 2022 meeting on a zone change request by the City of La Porte, applicant, for a zone change of property legally described as Lots 1-13, Block 291; Lots 1-17, Block 292; Lots 1-28, Block 294; Lots 1-38, Block 305; and Lots 2-31 & Tract 20A, Block 306, Town of La Porte, Harris County, Texas, from High Density Residential (R-3) to Low Density Residential (R-1). The site is a 16.8-acre tract of land located between San Jacinto Ave, Park Dive, and East H Street. For the public hearing, staff mailed sixty nine (69) public notices to property owners located within 200 feet of the subject property. Staff received three (3) returned comment sheets all in favor of the proposed zone change. No persons spoke at the public hearing regarding this item. The Commission voted 6-0 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 #22-92000006 R-3 to R-1 Legend Subject Tracts 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 = 188 feet FEBRUARY 2022 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) R-3 Zoning Map Zone Change #22-92000006 R-3 to R-1 Legend Subject Tracts R-1 R-3 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not R-2 represent an on-the-ground survey and represents only the approximate relative location of property boundaries R-2 1 inch = 188 feet MU FEBRUARY 2022 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) MHDR FLUP Map Zone Change #22-92000006 R-3 to R-1 Legend Subject Tracts LDR 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 PI PO 1 inch = 188 feet MU FEBRUARY 2022 PLANNING DEPARTMENT Houston-Galveston Area Council (H-GAC) From:Tim To:Planning - public e-mail Subject:Public comment re Zone change #22-920000006 Date:Monday, February 14, 2022 6:50:27 PM Please note that Lloyd and Timothy Ann Perfect are in FAVOR of the proposed zone change from High Density Residential (R-3) to Low Residential (R-1) for the 16.8 acre tract of land that is the subject of the public hearing scheduled for Thursday, February 17, 2022 at 6pm. Our primary reason for favoring this zone change is to safeguard the neighborhood where we live from further change. In this case, we believe "less is more". Thank you for sending us the "Property Owner Notice" informing us of the proposed change. Sincerely, Lloyd D and Timothy Ann Perfect 828 S. Kansas St La Porte, Tx 77571 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March28, 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: Ordinance2022-3877, P&Z Letter of Budgeted Item:YesNo Recommendation SUMMARY& RECOMMENDATION Staff had been approached by two (2) separate property owners in regards to the extension of the existing High Frequency Truck Route (HFTR).These proposed extensions would enable two (2) previously vacantproperties to resume operations with uses that currently require access to the HFTR. Both properties (1802W. D St. and th 1802 W. M St.) are on sections of road that stub off from 16St. and proceed to dead th end into existing rail yards. The HFTR currently extends along 16St. but does not continue down either W. D St. or W. M St. The request amounts to an extension of the HFTR,a combined total of 650 feet for both W. D St. and W. M St. In researching the HFTR,staff realized that the designated route had yet to be codified. As part of the proposed amendments, the Commission has recommendedthat language be added to Chapter 106 that would officiallycodify the specific HFTR routes and clarify additional language. The Planning & Zoning Commission held apublic hearing on this item at their February 17, 2022regular meeting.The Commission voted on a motion to recommend approval of the zoning code amendment as presented.The vote was 6-0, and the motionto approvecarried. ACTION REQUIRED BY CITY COUNCIL Approve or deny Ordinances 2022-3877amending language in Chapter 106 Frequency Truck Route (HFTR). Approved for City Council Agenda Corby D. Alexander, City Manager Date ORDINANCE NO. 2022-3877 ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DESIGNATION OF HIGH FREQUENCY TRUCK ROADS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Article IIn GeneralSection 106-1 Definitions of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising the definition of , and which definition shall hereinafter read as follows: Sec. 106-1. Definitions. Road means a road designated by the city intended to accommodate the heavy truck uses corresponding to eligible uses under the North American Industry Classification System (NAICS) and referenced in section 106-746 of this Chapter (Location of heavy truck uses). Section 2: VSupplementary District Regulations Division 2 Accessory Buildings, Uses and Equipment of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106- and which section shall hereinafter read as follows: 106-746. - Location of heavy truck uses. (1) For purposes of this chapter, those streets and thoroughfares within the corporate limits of the city which are enumerated below are hereby designated as high frequency truck roads. (2) Heavy truck uses generated from or within properties which are assigned NAICS use codes 484110, 484121, 484220, 484230 and 493 shall only be located directly adjacent to the right- of-way of designated high frequency truck roads, provided those uses comply with the underlying zoning classification applicable to the property. (3) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to high frequency truck roads or in any BI, LI or HI zoning district. ___________________________________________________________________________ Route Extent State Highway 225 (including Entire extent within corporate limits frontage roads) New State Highway 146 Entire extent within corporate limits (including frontage roads) Barbours Cut Boulevard New State Highway 146 east to corporate limits 16th Street Barbour's Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits th West Main Street New State Highway 146 to 16Street, and from Underwood Road to west corporate limits Underwood Road Entire extent within corporate limits th Powell Road (S. 16 Street) Fairmont Parkway south to 1700 block of Powell Road th Export Drive From South 16Street to State Highway 146 th South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbours Cut Blvd. to North "L" Street. th North "L" Street From west of North Broadway to North 6Street th North "J" Street From North 6Street to west connecting with State Highway 146. North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right- of-way line of Barbours Cut Boulevard th From South 16 Street, west to the existing railyard th From South 16 Street, west to dead end at 1903 West D St. Section 3: IIIDistricts 1 Generally, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106- and which footnote shall hereinafter read as follows: s: 6 Must be adjacent to high frequency truck roads as designated in Section 106-746 of this Chapter Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. th PASSED AND APPROVED this the 28 day of March, 2022. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney ORDINANCE NO. 2022-3877 ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS RELATED TO DESIGNATION OF HIGH FREQUENCY TRUCK ROADS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: Article IIn GeneralSection 106-1 Definitions of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising the definition of , and which definition shall hereinafter read as follows: Sec. 106-1. Definitions. Road means a road designated by the city intended to accommodate the heavy truck uses corresponding to eligible uses under the North American Industry Classification System (NAICS) and referenced in section 106-746 of this Chapter (Location of heavy truck uses). Section 2: VSupplementary District Regulations Division 2 Accessory Buildings, Uses and Equipment of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106- and which section shall hereinafter read as follows: 106-746. - Location of heavy truck uses. (1) For purposes of this chapter, those streets and thoroughfares within the corporate limits of the city which are enumerated below are hereby designated as high frequency truck roads. (1) (2) Heavy truck uses generated from NAICS uses 484110, 484121, 484220, 484230 and 493 shall only be located from or within properties which are assigned NAICS use codes 484110, 484121, 484220, 484230 and 493 shall only be located directly adjacent to the right- of-way of designated high frequency truck roads, provided those uses comply with the underlying zoning classification applicable to the property. (2)(3) Overnight parking of heavy trucks shall only be permitted on properties within the GC, MU, MSD and NC zoning districts adjacent to high frequency truck roads or in any BI, LI or HI zoning district. ___________________________________________________________________________ Route Extent State Highway 225 (including Entire extent within corporate limits frontage roads) New State Highway 146 Entire extent within corporate limits (including frontage roads) Barbours Cut Boulevard New State Highway 146 east to corporate limits 16th Street Barbour's Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits th West Main Street New State Highway 146 to 16Street, and from Underwood Road to west corporate limits Underwood Road Entire extent within corporate limits th Powell Road (S. 16 Street) Fairmont Parkway south to 1700 block of Powell Road th Export Drive From South 16Street to State Highway 146 th South 16 Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbours Cut Blvd. to North "L" Street. th North "L" Street From west of North Broadway to North 6Street th North "J" Street From North 6Street to west connecting with State Highway 146. North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right- of-way line of Barbours Cut Boulevard th From South 16 Street, west to the existing railyard th From South 16 Street, west to dead end at 1903 West D St. Section 3: That Chapter IIIDistricts 1 Generally, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended by revising Section 106- and which footnote shall hereinafter read as follows: s: 6 Must be adjacent to high frequency truck roads as designated in Section 106-746 of this Chapter as shown on High Frequency Truck Road Map (Ref. Section 106-746) Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 5. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 8. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the 28th day of March, 2022. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Lee Woodward, City Secretary APPROVED AS TO FORM: Clark Askins, City Attorney City of La PortePlanning and Development Department Established 1892 Teresa Evans, Director February 18, 2022 Honorable Mayor Rigby and City Council City of La Porte RE: Chapter 106 Amendments - HFTR Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on February 17, 2022 to hear a of Ordinances. The proposed amendment was in regards to the High Frequency Truck Route (HFTR). The Commission voted 6-0 to recommend approval of the proposed amendments, as presented. 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 Upper San Jacinto Bay 146 225 HIGH FREQUENCY BATTLEGROUND INDUSTRIAL DISTRICT TRUCK ROUTE The City of La Porte embraces its heritage, community values, and opportunities, while improving the quality of life for our residents. T S H S U R H T L T S N E R W T S D R I B E U L B HIGH FREQUENCY G ROAD T S C N HIGHWAY RAILROAD QspqptfeX/E Tusffufyufotjpo CITY LIMIT ET INDUSTRIAL DISTRICT ER OV E N TO S E IL W D R K R D TA I R D H C IR B QspqptfeX/N R D E T I U Q S E M Tusffufyufotjpo P S Y R D R D BAYPORT Galveston Bay INDUSTRIAL DISTRICT W TON AR H 0¼½1 MILE LA PORTE HARRIS TX TX COUNTY HA GyaBnotsevla TX Galveston Bay SOUTH LA PORTE B INDUSTRIAL DISTRICT CITY OF LA PORTE , PLANNING AND DEVELOPMENT GIS DIVISION MAP PREPARED: MARCH 2021 Projection: Lambert Conformal Conic Datum: NAD 1983 2011 146 Disclaimer: This product is for informational purposes and may not have been NYD LO YCO BA prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encour- aged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) re- leases the City of La Porte from any damage, loss, or liability arising from such use. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 Source of Funds:Gen. Fund Requested By:Lee Woodward Department: Account Number:001-6067-510-6004 Amount Budgeted:$35,0000.00 ReportResolutionOrdinance Amount Requested:$25,222.45 Exhibits: Proposed Joint Election Agreement/Election Budgeted Item:YesNo Services Contract with Harris County SUMMARY On January 24, 2022, the City Council adopted Ordinances2022-3861 and -3862,to call the May 2022general and special elections. Due tothe state constitutional amendment election called by the Legislature also being called for the May uniform election date, on December 13, 2021, the City Council authorized contracting with Harris Countyso anyvoter will be able to vote a complete ballot at a single polling location. The joint election agreement and election services contract for consideration tonight provides forHarris County to hold a joint election and offerelection servicesfor the City of La Porte elections in concert with the state election and other local entities. The contract has been reviewed by CSO and the Assistant City Attorney. RECOMMENDEDMOTION Approvethe agreement with Harris County to provide election services and enter into a joint election special elections. Joint Election Agreement May 2022 Joint Election Agreement May 2022 Joint Election Agreement May 2022 Joint Election Agreement May 2022 Joint Election Agreement May 2022 Joint Election Agreement May 2022 Joint Election Agreement May 2022 EXHIBIT A - COST Estimate May 7,2022General and Special Elections Item2022 Cost Personnel$3,713,343.14 $15,308.00 Sheriff/Constables Total Personnel$3,728,651.14 Election Supplies$110,300.00 $73,506.00 Delivery Election Night Drop Off$163,336.80 $713,000.00 Polling Places ADA$100,824.00 $504,752.00 Mail Ballots: Printing, Processing, and Mailing Logic & Accuracy Test$29,125.00 Administrative Fee $75 per entity @ 55 $4,125.00 Technical Support $80,990.00 $1,779,958.80 Total Operations $5,508,609.94 TOTAL EXHIBIT B - Deposit DueMay 7, 2022General and Special Elections Entity VR Admin EstimateDeposit Due CountFee $75 $1.05 $2,500 each per VRbase cost Klein Independent School District 170215$1.05$2,500.00$75.00$181,300.75$108,780.45 Humble Independent School District 138466$1.05$2,500.00$75.00$147,964.30$88,778.58 Pasadena Independent School District 113049$1.05$2,500.00$75.00$121,276.45$72,765.87 Houston Community College System 104037$1.05$2,500.00$75.00$111,813.85$67,088.31 Clear Lake City Water Authority 43705$1.05$2,500.00$75.00$48,465.25$29,079.15 City of La Porte 21569$1.05$2,500.00$75.00$25,222.45$15,133.47 Sheldon Independent School District 18916$1.05$2,500.00$75.00$22,436.80$13,462.08 Sunbelt Fresh Water Supply District 12873$1.05$2,500.00$75.00$16,091.65$9,654.99 Bridgestone Municipal Utility District 12300$1.05$2,500.00$75.00$15,490.00$9,294.00 Huffman Independent School District 11714$1.05$2,500.00$75.00$14,874.70$8,924.82 Waller Independent School District 10370$1.05$2,500.00$75.00$13,463.50$8,078.10 Remington Municipal Utility District No. 1 9257$1.05$2,500.00$75.00$12,294.85$7,376.91 Harris-Montgomery Counties Municipal Utility District No. 386 8647$1.05$2,500.00$75.00$11,654.35$6,992.61 Harris County Water Control and Improvement District No. 157 8245$1.05$2,500.00$75.00$11,232.25$6,739.35 Harris County Municipal Utility District No. 26 8163$1.05$2,500.00$75.00$11,146.15$6,687.69 City of Humble 7549$1.05$2,500.00$75.00$10,501.45$6,300.87 Newport Municipal Utility District 7316$1.05$2,500.00$75.00$10,256.80$6,154.08 Harris County Municipal Utility District No. 419 7141$1.05$2,500.00$75.00$10,073.05$6,043.83 City of Friendswood 6977$1.05$2,500.00$75.00$9,900.85$5,940.51 Harris County Water Control and Improvement District No. 119 6036$1.05$2,500.00$75.00$8,912.80$5,347.68 City of Pearland 5972$1.05$2,500.00$75.00$8,845.60$5,307.36 Harris County Municipal Utility District No. 278 5750$1.05$2,500.00$75.00$8,612.50$5,167.50 Harris County Municipal Utility District No. 400 5617$1.05$2,500.00$75.00$8,472.85$5,083.71 City of Webster 5528$1.05$2,500.00$75.00$8,379.40$5,027.64 City of Jersey Village 4890$1.05$2,500.00$75.00$7,709.50$4,625.70 Harris County Municipal Utility District No. 154 4632$1.05$2,500.00$75.00$7,438.60$4,463.16 Cypress Forest Public Utility District 4521$1.05$2,500.00$75.00$7,322.05$4,393.23 Malcomson Road Utility District 4492$1.05$2,500.00$75.00$7,291.60$4,374.96 Bissonnet Municipal Utility District 4458$1.05$2,500.00$75.00$7,255.90$4,353.54 Sagemeadow Utility District 4306$1.05$2,500.00$75.00$7,096.30$4,257.78 Dowdell Public Utility District 4025$1.05$2,500.00$75.00$6,801.25$4,080.75 Harris County Municipal Utility District No. 150 3837$1.05$2,500.00$75.00$6,603.85$3,962.31 Harris County Municipal Utility District No. 304 3667$1.05$2,500.00$75.00$6,425.35$3,855.21 Harris County Municipal Utility District No. 390 3514$1.05$2,500.00$75.00$6,264.70$3,758.82 Northwest Harris County Municipal Utility District No. 19 3334$1.05$2,500.00$75.00$6,075.70$3,645.42 City of Nassau Bay 3065$1.05$2,500.00$75.00$5,793.25$3,475.95 Harris County Water Control and Improvement District No. 21 3010$1.05$2,500.00$75.00$5,735.50$3,441.30 Harris County Water Control and Improvement District No. 92 2792$1.05$2,500.00$75.00$5,506.60$3,303.96 Harris County Municipal Utility District No. 148 2743$1.05$2,500.00$75.00$5,455.15$3,273.09 EXHIBIT B - Deposit DueMay 7, 2022General and Special Elections West Keegans Bayou Improvement District Ft. Bend & Harris Coun 2673$1.05$2,500.00$75.00$5,381.65$3,228.99 Harris County Municipal Utility District No 64 2651$1.05$2,500.00$75.00$5,358.55$3,215.13 Harris County Municipal Utility District No. 401 2626$1.05$2,500.00$75.00$5,332.30$3,199.38 Harris County Municipal Utility District No. 504 2428$1.05$2,500.00$75.00$5,124.40$3,074.64 Harris County Water Control and Improvement District No. 50 2330$1.05$2,500.00$75.00$5,021.50$3,012.90 Harris County Municipal Utility District No. 284 2275$1.05$2,500.00$75.00$4,963.75$2,978.25 Cypress Creek Utility District 2062$1.05$2,500.00$75.00$4,740.10$2,844.06 Northwest Freeway Municipal Utility District 1630$1.05$2,500.00$75.00$4,286.50$2,571.90 Harris County Municipal Utility District No. 44 1463$1.05$2,500.00$75.00$4,111.15$2,466.69 North Belt Utility District 1314$1.05$2,500.00$75.00$3,954.70$2,372.82 Harris County Water Control & Improvement District No. 70 1246$1.05$2,500.00$75.00$3,883.30$2,329.98 Fort Bend County Water Control and Improvement District No. 2 589$1.05$2,500.00$75.00$3,193.45$1,916.07 Harris County Municipal Utility District No. 205 487$1.05$2,500.00$75.00$3,086.35$1,851.81 Harris County Municipal Utility District No. 580 2$1.05$2,500.00$75.00$2,577.10$1,546.26 Sun Lake Improvement District 0$1.05$2,500.00$75.00$2,575.00$1,545.00 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested:March 28, 2022 Technology Fund Requested By: Steve Deardorff, Chief Source of Funds:($940,867) Department: Police Account Number:N/A ReportResolutionOrdinance Amount Budgeted: Amount Requested: Exhibits: Motorola Quote, City of Houston Quote Notice to Proceed Budgeted Item:YesNo SUMMARY The City of La Porte Police Department -Communications Division is the hub of our Cfirst responders comes through thisdivision. The Communicationdivision is fortunate to have been provided with state of the art equipment that gives our telecommunication professionals the ability to work seamlessly and efficiently. Our current dispatch radio consoles were updated in October 2020. They aremanufactured by Motorola using MCC7500 platform andprogramming. This systemis expected to last through 2030 and beyond, but we continue to prefund its replacement through our technology fund. This being said, as discussed at the 2020 Pre-Budget Council Retreat,our current portable radio and mobile radio equipment, which went into service in October of 2013, will no longer be supported by Motorola after December 2023. In order to have no loss in service and due to equipment availability, we are asking to make this purchase in FY23 budget. We began negotiating this project as part of the Motorola Premier One CAD/RMS project as Motorola is offering significant discounts. The totalquotedprice for the Police Department came in well below theamountof $940,867 that will be in our Radio Technology Fund by the end of FY22, so we visited EMS and OEMon their radio needs. Due to the significant savings offered by Motorola, the Police is sufficientto include the radios for EMSand OEM. Below are the expected expensesfor Police, EMS and OEM: Mobile Radios: $346,123.43 Portable Radios: $517,195.24 Portable Accessories: $ 37,923.94 Installation: $ 57,021.17 Discount: $ (84,473.68) Motorola Total: $873,790.10 Programming: $ 10,617.00 Contingency5%: $ 44,220.36 Total: $928,627.46 Motorola has advised that they are renegotiating their prices with the state contract in to them, they will lock this quote until October 2022. They will not deliver any equipment or send any invoices until FY23. We will bring the authorization of the expenditure back to City Council for the first meeting in October. Below is the justification for EMS to come on to the Police Department Radio System. The current radio system that is used by La Porte EMS lacks interoperability, has less than optimal transmission and reception quality as well as limited service feature options. The inability to communicate on a day to day basis with public safety agencies is the most critical deficiency in our current system. In 1987 the Federal Communications Commission (FCC) developed a National Plan for Public Safety Radio Services that set national guidelines for use of the 800 MHz spectrum while allowing regional public safety planning committees to develop regional plans tailored to their areas own communication needs. After September 11, 2001 agencies that responded to this tragedy recognized that agencies responding to help could not communicate with each other. This was the impetus to the development of the Houston Information Technology Radio System (HITS). La Porte EMS wants to migrate to the Houston Information Technology Radio System (HITS) that La Porte Police Department operates and dispatches on today. The Houston Information Technology Radio System (HITS) is a talk group within the larger Texas Wide Area Radio Network (TXWARN) Motorola which is a multi-county public trunked radio system with many sites in southeast Texas: Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, Walker and Waller Counties. This large public safety system provides primary communications for over 100 agencies. These agencies have combined their systems to a coordinated all talk group and radio ID so that complete interoperability is possible utilizing the SmartZone technology. La Porte EMS currently has no means of talking directly to other agencies that we work with daily La Porte PD, Port of Houston Fire and Police Departments, San Jacinto Police Department, Precinct 8 Constable Office, Texas Parks and Wildlife, Deer Park EMS, Seabrook EMS, Baytown EMS, Channel Industries Mutual Aid (CIMA), and Aero Medical Providers in the Houston area when we are responding to EMS calls. La Porte EMS presently transmits to our communications operators at La Porte PD and the communications operators relay information from us and to us, but this creates a real time lag for important information. Our communication operators work off multiple frequencies repeating information to EMS. In events where we are working with Port of Houston, our industrial area or a neighboring city for a mass casualty incident we are unable to communicate directly. This was illustrated in the recent mass casualty incident at Lyondell 1515 Miller Cut Off on July 27, 2021. La Porte EMS currently has more radio traffic with La Porte PD than it does with La Porte Fire. With the move to this system, La Porte EMS will have direct contact with La Porte PD from the ambulance and when on portable radio. They will maintain the old radio system in the ambulance as well to have direct contact with La Porte Fire, but when on portable radio, La Porte PD communication operators will have to patch the frequency to communicate with La Porte Fire. RECOMMENDED MOTION Provide staff direction on how to move forward and EMS mobile and portable radio project. Approve or reject notice to proceed letter to Motorola. Approved for the City Council meeting agenda Corby D. Alexander, City Manager Date City Of Houston Quote Heather Lemm HITS/Radio Communication Services 2318 Greens RdDATE2/25/2022 Houston, TX 77032CUSTOMER IDSPPD_001 heather.lemm@houstontx.gov o: (832)393-0356 Prepared by: Heather Lemm CUSTOMER Stacey Lippold| Support Services Supervisor, 9-1-1 Communications and Records Division rd 3001 N. 23 Street| La Porte, TX 77571 O. 281.842.3177 | C. 281.415.3498 DESCRIPTION UNIT PRICEQTYTAXEDAMOUNT RE: Preventative Maintence TAPP with Encryption - PD 39.001420 5,538.00 TAPP with Encryption - EMS 39.00970 3,783.00 Consist of: - - - - Offsite Fee 216.0060 1,296.00 - - - - - - - - - - - - \[42\]Subtotal$ 10,617.00 TERMS AND CONDITIONS Taxable$ - 1. Customer will be billed after indicating acceptance of this quote Tax rate0.000% 2. Customer will be invoiced for amount of purchase Tax due$ - 3. Please email the signed price quote to the address above Other$ - Customer Acceptance (sign below): TOTAL$ 10,617.00 x ___________________________________________ Print Name: If you have any questions about this price quote, please contact Heather Lemm (832)393-0356 or at heather.lemm@houstontx.gov ŷğƓƉ ƚǒ CƚƩ ƚǒƩ .ǒƭźƓĻƭƭͧ © 2011-2014 Vertex42.com March 28, 2022 To: Motorola Solutions, Inc. Order Management Re: Purchase of Motorola radio communications equipment This letter serves as authorization for Motorola to place an order for the communications equipment on the attached sheet for a purchase price of $873,790.10. The City of La Porte agrees to pay Motorola Solutions City of La Porte Police Department rd 3001 North 23 Street La Porte, TX 77571 When Motorola Solutions invoices the City of La Porte, the invoice should reference Radio Replacement and be sent to the City of La Porte at the following address: Att: Finance Department 604 West Fairmont Parkway La Porte, TX 77571 For taxation purposes, even if tax-exempt, the equipment sold to City of La Porte will ultimately reside at the following address: rd 3001 North 23 Street La Porte, TX 77571 A purchase will be issued for this project upon the beginning of our Fiscal Year 23 budget, which begins October 1, 2022. However, funding for this project has already been allocated for inclusion as a specific project within the FY 23 budget. Therefore, during the March 28, 2022 City Council meeting, Council authorized staff to begin moving forward with the project and authorized the City Manager to issue a notice to proceed letter to Motorola now, understanding that this notice acts as a binding document for the purchase of communications equipment. Sincerely, Corby Alexander City Manager cc: Mike Wise, Lloyd Waugh