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HomeMy WebLinkAbout1994-12-12 Public Hearing and Regular Meeting ~ :;~... . - COpy ,-. ""- AGENDA PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD DECEMBER 12, 1994, IN ~~ COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 94-2005 Next Res. 94-11 1- r1\T:(. TO ORDER 2. INVOCATION BY COUNCILPERSON ~hKOWER 3 . CONSIDER APPROVING MINUTES OF SPECIAL CALLED REGULAR MEETING NOVEMBER 7, 1994 . 4. PRESENTATIONS: A. PARAMEDIC OF ~n~ YEAR B. EMPLOYEE OF THE QUARTER FOR JULY, AUGUST AND SEPTEMBER - C. PRESENTATION OF THE LA PORTE BUSINESS DEVELOPMENT GUIDE BY STACY SWATSELL 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL A. REV. WALTER PINXNEY ZION HILL BAPTIST ~nu.1'<.CH - REGARDING DRUG PROBLEMS ON NORTHSIDE OF '.l.'.ru:; CITY OF LA PORTE B. LEE DORAN - REGARDING BOYS BASEBALL LEAGUES IN LA PORTE C. SUZANNA ALLEN - REGARDING BASEBALL IN LA PORTE D. RANDY KENDRICK - REGARDING BASEBALL IN LA PORTE 6. PUBLIC HEARING - A: TO RECEIVE CITIZEN COMMENTS REGARDING PROPOSED UPDATES TO 'nl~ CITY COMPR.u.L.ulSIVE PLAN. ELEMENTS OF .-. THE P~ FOR WHICH UPDATES ARE PROPOSED ARE AS FOLLOW: ,. Thoroughfare Plan Open Space Plan Pedestrian Plan Sewer Plan Water Plan storm Water Plan OPEN. PUBLIC HEARING REVIEW BY CITY STAFF PUBLIC REVIEW OF PROPOSED PLANS \~ ;t~ e e RECOMMENDATION OF STAFF r .f" CLOSE PUBLIC HEARING 7. CONSIDER APPROVING RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE (Res. 94-1~) - C. Harrington 8. PUBLIC HEARING - B: SPECIAL CONDITIONAL USE PERMIT REQUEST SCU 94-003, FOR THE PURPOSE ALLOWING A MINI-WAREHOUSE/BOAT AND R. V. STORAGE FACILITY.TO BE LOCATED AT 11230 WEST MAIN STREET OPEN PUBLIC HEARING REVIEW OF REQUEST BY STAFF . PUBLIC INPUT RECOMMENDATION OF PLANNING & ZONING COMMISSION CLOSE PUBLIC HEARING . . 9. CONSIDER SPECIAL CONDITIONAL. USE PERMIT REQUEST SCU94-003 - C. Harrington 10. PUBLIC HEARING ~' C: SPECIAL CONDITIONAL USE PERMIT REQUEST SCU 94-004, FOR THE PURPOSE .OF AMENDING SPECIAL CONDITIONAL USE PERMIT SCU90-002 TO ALLOW A 400 FOOT X 747 FOOT STAGING AREA AND ACCESS DRIVE TO BE L~~ TO AN 'OUTSIDE OPERATOR. '..L:n..t:; AREA IS BE OPERATED AS TRAILER STAGING YARD. '.L'XU:; PROPERTY IS LOCATED AT 502 NORTH BROADWAY OPEN PUBLIC HEARING REVIEW REQUEST BY STAFF PUBLIC INPUT RECOMMENDATION OF PLANNING & ZONING COMMISSION u. -- CLOSE PUBLIC HEARING 1~. CONSIDER SPECIAL CONDITIONAL USE PERMIT REQUEST SCU94-004 - C. Harrington 12. CONSIDER AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS AND INCREASED ANNUITIES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM (Ord. 1875-B) - L. Rigby 13. CONSIDER AN ORDINANCE' APPROVING '.l'.tU.; CONCESSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT FOR OPERATION OF THE PIER CONCESSION AT SYLVAN BEACH PARK (Ord. 94-2005) - S. Barr j" e e . - , .' 14. CONSIDER AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEACH ,/ FISHING PIER (Ord. 94-2006) - S. Barr /" 15. CONSIDER AN ORDINANCE Au~~ORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR '.l'.n.t.i RECODIFICATION OF ~n.t.i CODE OF ORDINANCES FOR ~~ CITY OF LA PORTE (Ord. 94-2007) -:' S. Lenes 16. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXE~u'.l:E A CONTRACT . CHANGE ORDER BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY LAND & MARINE, INC. FOR '.l'.n.t.i REMOVAL OF ABANDONED PILINGS AT SYLVAN BEACH (Ord. 94-2008) - C. Harrington 17. CONSIDER AN ORDINANCE CHANGING THE NAME OF SOu~.n M STREET TO LITTLE CEDAR BAYOU DRIVE. (ORD. 94-2009) - C. Harrington , CONSIDER APPROVING AN INTERLOCAL AGREEMENT FOR LOGIC FUND - 1"8. J. Litchfield 19. CONSIDER A RESOLUTION OF ~n.t.i CITY COUNCIL OF ~~ CITY OF LA _ PORTE, RATIFYING AND CONFIRMING ITS SUPPORT OF.l'.n.t.i SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE; SOU'.l'.n.t.ii<N IONICS, INC., AND HOUSTON CHEMICAL SERVICES, INC. (Res. 94-12) - R.T. Herrera 20. CONSENT AGENDA'- ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION A. CONSIDER AWARDING AN ANNUAL CONTRACT FOR SIGN MATERIALS TO VULCAN SIGNS - S. Gillett B. CONSIDER AWARDING A BID FOR '.l'.n.t.i PURCHASE OF A DUAL- CONTROL ELGIN STREET SWEEPER TO HI-WAY EQUIPMENT, INC. - S. Gillett C. CONSIDER AWARDING A BID FOR '.l'nJ::. REPLACEMENT OF A 26 PASSENGER BUS TO LONGHORN BUS SALES - S. Gillett D. CONSIDER AWARDING AN ANNUAL . CONTRACT FOR STABILIZED CALCIUM SULFATE TO GULF STATES MATERIALS, INC. - S. Gillett E. CONSIDER AWARDING A BID FOR THE PURCHASE OF A RIDING GREENS MOWER, 72 ".. OUT-FRONT ROTARY MOWER, SAND TRAP MACHINE AND ONE OFF-ROAD UTILITY VEHICLE TO WATSON DISTRIBUTING COMPANY, INC.. & ONE 200-GALLON SPRAYER TO LANSDOWNE-MOODY COMPANY, INC. - A. Osmond F. CONSIDER REQUEST TO PURCHASE A NIGHTSIGHT '.l'l1~ VISION SYSTEM FROM A SOLE SOURCE VENDOR TEXAS INSTRUMENTS - B. Powell 21. ADMINISTRATIVE REPORTS I~ ~ - ~ 4t . / / 22. COUNCIL ACTION / / 23 . EXE~u'.J.:IVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, GOVT. CODE, YERNON I S TEXAS CODES ANNOTATEQ, - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES, DELIBERATION REGARDING SE~u~TY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) 24 . ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executi ve meeting or session of the Council should be held or is required in relation to . an item noticed in this agenda, then such closed or executi ve meeting or sessions authorized by the Open Meetings Law, Chapter 551, Government Code, Ye~'5 Texas cQQe5 Annotateq, will be held by the--Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such 'closed or executi ve meeting or session concerning any and all subjects and for any and all purposes permitted by Sections 551.071 through 551.076, and Section 551.084, of said Open Meetings Law, inClUding, but not limited to: Section 551.071 - For the purpose of a private consultation with the Council's attorney on any subj ect or matter authorized by law. Section 551.072 - For the purpose of deliberating the purchase, exchange, ,lease or value of real property. Section 551.073 - For the purpose of deliberating a negotiated contract for a prospective gift or donation to the city. ~ection 551.074 - For the purpose' of deliberating the """, . appointment, employm.ent, 'evaluation, reassi~4~ent, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee, unless the officer or employee requests a public hearing. Section 551.075 - For the purpose of conferring with an employee or employees of the City, only for the purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during - ':- .~.' e e /' / ;~ the conference. ;~ Section 551.076 To consider the deployment, or specific occasions for implementation, of security personnel or devices. Section 551.084 - For the purpose of excluding a witness from a hearing during the examination of another witness in an investigation. , . -. fa '.,. "', 4~... . . MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF LA PORTE CITY COUNCIL DECEMBER 12, 1994 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 P.M. Hgmbers of citv Council Presen.ti. Mayor Norman L. Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob Thrower, Bob MCLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of Council Absent: None Members of ci tv Staff Present: ci ty Manager Robert T. Herrera, City Attorney Knox ASkins, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Administrative s.ervices Louis Rigby, Director of Public Works Steve Gillett, Director of Planning Chuck Harrington, City Engineer Fred Thompson, Chief of Police Bobby Powell, Police Lieutenant Carl Crisp, Golf Pro Alex Osmond, Golf Course Superintendent Dennis Hlavaty, Director of Parks and Recreation Stephen Barr, Assistant Fire Chief Champ Dunham, Records Management Administrator/Assistant to the City Secretary Rita Lacey, Director of Finance Jeff Litchfield, Assistant Finance Director cynthia Alexander, Cash Manager Rick Overgaard, Accounting Supervisor Kathy Hutton, Secretary to the city Manager Carol Buttler, Purchasing Agent Susan Kelley, Paramedics Shawnita Watts and Ty James, Dispatcher I Wanda Richards Others Present: Attorney Barry Abrams, La Porte Bayshore Sun Editor John Black, Dr. Tom Sewell and Stacy Swatse11 reprel1"enting San Jacinto College District, Barry Beasely representing Southwestern Bell Telephone, Ken Strum and John Paul Zemanek representing La Porte Bayshore Chamber of Commerce and a number of La Porte citizens 2. INVOCATION BY COUNCILPERSON THROWER The invocation was given by Councilperson Bob Thrower. 3. CONSIDER APPROVING MINUTES OF SPECIAL CALLED REGULAR MEETING NOVEMBER 7. 1994 Motion was made bvCouncilnerson Cooner to annrove the minutes of the SDecial Called Reaular Meetina held on November 7. 1994. Second by Councilperson Sutherland. The motion carried, 7 ayes, 0 nays. (Councilpersons Porter and Clarke were away from the table for the vote) : . e Minutes Public Hearing and i Regular Meeting La.Porte City Council December 12, 1994, Page 2 ; Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Gay, Maxwell, and Mayor Malone Nays: None (Councilpersons Deotis Gay and Alton Porter were seated at the Council table at 6:05 P.M.) 4. PRESENTATIONS: ~ PARAMEDIC OF THE YEAR IL.. EMPLOYEE OF THE OUARTER FOR JULY. AUGUST. AND SEPTEMBER ~ PRESENTATION OF THE LA PORTE BUSINESS DEVELOPMENT GUIDE BY STACY SWATSELL Mayor Malone read the qualifications for Paramedic of the Year Award and introduced the two nominees for the award, Ty James and Shawnita Watts. Assistant Fire Chief Champ Dunham presented each of the recipients with a plaque in recognition of their accomplishments. Mayor Malone asked Chief Bobby Powell to come forward with Employee of the Quarter Nominee Wanda Richards. Mayor Malone read the qualifications of Wanda Richards as stated in her nomination. Police Lieutenant Carl crisp presented Wanda a plague in honor of accomplishments. Mayor Malone introduced Stacy Swatsell, Director of the Business Assistance Center at San Jacinto College. Ms. Swatsell stated, "Dr. Tom Sewell the Chancellor of San Jacinto College and I are very honored to make this presentation of the La Porte Business Development Guide which was a cooperative effort between the College, Southwestern Bell, La Porte Bayshore Chamber of Commerce, and most importantly the city of La Porte. r know I speak for everyone when I say how proud we are at San Jacinto College Business Assistance Center to be a part of one of the most aggressive business and economic development project of any city in Southeast Harris County. You have taken a giant leap ahead of your neighboring cities with this effort to attract new businesses and expand those businesses who have already made the right choice to be in La Porte". Ms. Swatsell presented each councilperson with a copy of the newly developed guide which' is a tool to direct business as they start or expand in the City of La Porte. She stated, "It is an important step by step guide for the City staff to use to assist businesses in compliance with regulations and ordinances as they apply to business development. Ms. Swatsell introduced Barry Beasely of Southwestern Bell and Mr. Ken Strum representing the La Porte e . Minutes Public Hearing and Regular Meeting La Porte city council . \ December 12, 1994, Page 3 Bayshore Chamber of Commerce. Both gentlemen expressed their appreciation at being a party in the production of the development guide. Ms. Swatsell also commended Director of planning Chuck Harrington for his personal dedication to the development guide. Mayor thanked stacy for a job well done. The Mayor reported to Council and the audience there will be a meeting held at the city Hall with some insurance people regarding wind storm insurance on December 14th, 1:30 P.M. This will be a fact finding committee to gather information. 5. PETITIONS. REMONSTRANCES. COMMUNICATIONS. AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL As.. REV. WALTER PINKNEY ZION HILL BAPTIST CHURCH - REGARDING DRUG PROBLEMS ON NORTHSIDE OF THE CITY OF LA PORTE .IL. LEE DORAN - REGARDING BOYS BASEBALL LEAGUES IN LA PORTE ~ SUZANNA ALLEN - REGARDING BASEBALL IN LA PORTE Ik. RANDY KENDRICK - REGARDING BASEBALL IN LA PORTE Rev. Walter Pinkney, 305 North 6th Street, La Porte, Texas, reported a problem with drug dealers on city property. He addressed a concern for the children and his fear for their safety. He suggested more constant police patrol in the area would help solve the problem. Mr. Lee Doran, 4901 Glen valley, La Porte, indicated he is here as a messenger from the La Porte Athletic Club. Mr. Doran presented a folder of documentation on the establishment of this newly formed organization and indicated it would be appreciated if council would look through the information which he presented. He indicated if Council has any questions there is a list of people in the information packet who will . be able to address questions from Council. Ms. Suzanna Allen, 5025 Crestway, La Porte. Ms. Allen indicated she is presently vice President of La Porte Boys Baseball Association. She indicated the Association had some problems in the previous season but has taken steps to correct and insure that these problem will not occur again. Ms. Allen stated, "On behalf of Boys Baseball we apologize for any negative publicity that may have come about due to the positions that we have taken toward competitive baseball. We are also sorry for any conflict which maybe aimed at Bob Herrera. He has been fair and open with his decisions and his views as they relate to youth baseball within our community. He has acted in a profession manner and has given his time to . e Minutes Public Hearing and Regular Meeting La Porte City Council December 12, 1994, Page 4 both groups". Ms. Allen also handed to Council copies of her remark made tonight. Randy Kendrick, 10012 Hummingbird, La Porte also praised the City for its support of youth athletics. He thanked the La Porte Police Department for their support and indicated the City's efforts will have a positive influence on our children lives. He thanked city management for the manner in which they have handled ,this baseball situation. Helen McFerren, 925 Oak Grove, La Porte, thanked EMS for "saving her life". She also stated her support of a survey which is being circulated supporting the development of local shopping facilities in La Porte. Ms. McFerren said she is against the purchase of the property known as the Seabreeze Sailing Center and will also protest the dredging of Deer Creek. Ginnie Groda, 926 Seabreeze, La Porte, spoke stating she is one of the citizens circulating a petition regarding Ordinance 94-1994. Ms. Groda indicated she is also against the purchase of the property known as the Beasley property or Seabreeze Sailing Center. She asked Council, "How many tax dollars have been spent on studies such as the study for a hotel to be built at Sylvan Beach?" Ms. Groda also addressed a concern about ditches, street repairs, street lights, lower water and tax rates, drugs, and a golf course which pays for itself. Jarrell Burke, 1301 Bayshore Drive, La Porte, spoke as a member of the Bayshore civic Association. Mr. Burke voiced his objections to the comprehensive plan, and he addressed the purchase of the Beasley property and the appraised value of the property. He also questioned the cost of operating the cities existing parks and how they are utilized by citizens. Faye Preston Burke, 1301 Bayshore Drive, La Porte, spoke about the comprehensive plan. She is opposed to the purchase of the Beasley property for the purpose of building another city park. She stated, "I hope you will not purchase this property." Howard L. Johnson, 317S. Carroll, La Porte, spoke regarding youth baseball. Mr. Johnson indicated he is the President of the La Porte Boys Baseball Association and read a letter of appreciation from the association for the cities past support. Mr. Johnson introduced several other citizens who are attending the meeting tonight in support of La Porte Boys Baseball Association. . e Minutes Public Hearing and Regular Meeting La Porte city council December 12, 1994, Page 5 David Booth, 706 Sharon, Bay town , Texas, spoke in support of his request for a Special Conditional Use Permit Request for the purpose of allowing a mini-warehouse/boat R.V. storage facility to be located at 11230 West Main street in La Porte. Spero pomonis, 218 Bay Colony Circle, La Porte spoke on two issues. First, his support of the La Porte Boys Baseball Association. In his opinion, La Porte has no need for two separate baseball' leagues, and he feels the city can not afford additional parks to support two separate leagues. Mr. pomonis suggested the new league should seek assistance from Harris County in furnishing more parks. Second, he reiterated his support for the purchase of the Beasley property for park purposes. He indicated he feels the people who live near that property and who do not want a park there are being selfish, and they do not want other citizens to have what they have. 6. PUBLIC HEARING - A: TO RECEIVE CITIZEN COMMENTS REGARDING PROPOSED UPDATES TO THE CITY COMPREHENSIVE PLAN. ELEMENTS OF THE PLAN FOR WHICH UPDATES ARE PROPOSED ARE AS FOLLOW: THOROUGHFARE PLAN OPEN SPACE PLAN PEDESTRIAN PLAN. SEWER PLAN. WATER PLAN STORM WATER PLAN Mayor Malone opened the public hearing at 6:44 P.M. Director of Planning Chuck Harrington reviewed the request, and he commented that the City of La Porte has accomplish a lot of the goals as set out in the Comprehensive Plan ten years ago. Mr. Harrington reviewed the proposed update, and Mayor Malone asked for public input. Fourci tizens spoke regarding the plan update. Ms. Helen McFerren had questions on the sewer system update. Ms. Ginnie Groda had questions regarding the proposed boardwalk on the bay front on the Beasley property. Ms. Faye Burke also had questions about the funding for a proposed bay front boardwalk. Mr. Jerrell Burke made comments regarding the proposed boardwalk on the bay in front of Happy Harbor Methodist Home property. Recommendation from Planning & Zoning Commission was for approval of the proposed amendments, and staff concurred with the Commission's recommendations. Mayor Malone closed the public hearing at 7:03 P.M. 7 . CONSIDER APPROVING RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE (Res. 94-11) - C. . e Minutes Public Hearing and Regular Meeting La Porte City council December 12, 1994, Page 6 Harrinatoq City Attorney read: RESOLUTION 94-11 - THIS IS A RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilnerson Thrower to ann rove Resolution ~4-11 as read bv the citv Attornev. Second by councilperson Porter. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: None 8. PUBLIC HEARING - B:. SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-003. FOR THE PURPOSE ALLOWING A MINI-WAREHOUSE/BOAT AND R.V. STORAGE FACILITY TO BE LOCATED AT 11230 WEST MAIN STREET Mayor Malone opened the public hearing at 7:04 P.M. Director of Planning Chuck Harrington reviewed the request. Mr. David Booth, who will be constructing the proposed facility if permit is granted, answered Council questions. There were no other persons wishing to speak at the public hearing. Planning and Zoning Commission recommended approval of SCU94- 003 and staff concurred with the recommendation. Mayor Malone closed the public hearing at 7:08 P.M. 9. CONSIDER SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-003 - C. Harrinaton Motion was made bv Counciloerson Coooer to aoorove soecial Conditional Use Permit Reauest SCU94-003. Second by councilperson Sutherland. The motion carried, 9 ayes and 0 nays. (Councilperson Porter made positive comments regarding the proposed facility) Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. PUBLIC HEARING - C: SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-004. FOR THE PURPOSE OF AMENDING SPECIAL CONDITIONAL USE PERMIT SCU90-002 TO ALLOW A 400 FOOT X 747 FOOT STAGING AREA AND ACCESS DRIVE TO BE LEASED TO AN OUTSIDE OPERATOR. THE e e Minutes Public Hearing and Regular Meeting La Porte City Council December 12, 1994, Page 7 AREA IS TO BE OPERATED AS TRAILER STAGING YARD. THE PROPERTY IS LOCATED AT 502 NORTH BROADWAY Mayor Malone opened the public hearing at 7:11 P.M. Director of Planning Chuck Harrington reviewed request. There were no requests from the public to speak. Planning and Zoning commission recommended approval of SCU94-004 and staff concurred. councilperson Gay made positive comments regarding the passing and approval of this request. Mayor Malone closed the public hearing at 7:13 P.M. 11- CONSIDER SPECIAL CONDITIONAL USE PERMIT REOUEST SCU94-004 - C. Harrinaton Motion was made bv Councilnerson Maxwell to acnrove snecial r.()~(:;l~"t~:onal Use Permit Reauest SCU94-004. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None I 12. CONSIDER AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS AND INCREASED ANNUITIES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM lOrd. 1875-B) - L. Riabv Director of Administrative Services Louis Rigby summarized the information and staff recommendation. Councilperson Maxwell stepped away from the Council table for the vote due to a conflict of interest. City Attorney read: ORDINANCE 1875-B - AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT 'SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF'LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ~otion was made bv Councilnerson Thrower to acnrove Ordinance 1875-B as read bv the city Attornev. Second by Councilperson Porter. The motion carried, 8 ayes and 0 nays. (Councilperson Maxwell was away from the table and did not vote) Ayes: Councilpersons Sutherland, Cooper, Thrower, MCLaughlin, Porter, Gay, Clarke and Mayor Malone e e Minutes Public Hearing and Regular Meeting La Porte City council December 12, 1994, Page 8 Nays: None 13. CONSIDER AN ORDINANCE APPROVING THE CONCESSION AGREEMENT, BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT FOR, OPERATION OF THE PIER CONCESSION AT SYLVAN BEACH PARK fOrd. 94-005) - S. Barr Director of Parks and Recreation Stephen Barr reviewed the summary and staff recommendation. city Manager Robert T. Herrera answered Council questions regarding insurance. City Attorney read: ORDINANCE 94-2005 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT, RELATING TO THE CONCESSION OPERATION OF SYLVAN BEACH PIER, INCLUDING PROVISIONS RELATING TO DIVISION AND PAYMENT OF GROSS RECEIPTS AND PIER REVENUE, REPAIRS, INSURANCE, AND INDEMNIFICATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. (Councilperson Maxwell returned to the Council table at 7:22 P.M. for the vote on Item 13) Motion was made bv Counciloerson McLauahlin to annrove Ordinance 94-2005 as read bv the citv Attornev. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: councilpersons Sutherland, Cooper, Thrower, MCLaughlin,porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 14. CONSIDER AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEAC~ FISHING PIER fOrd. 94-2006) - S. Barr Director of Parks and Recreation Stephen Barr reviewed summary and recommendation setting the admission fees for the sylvan Beach FiShing Pier. City Attorney read: ORDINANCE 94-2006 - AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEACH FISHING PIER; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilnerson Clarke to aonrove Ordinance 94-2006 as read bv the citv Attornev. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. e e Minutes Public Hearing and Regular Meeting La Porte City council December 12, 1994, Page 9 Ayes: councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 15. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MUNICIPAL CODE CORPORATION FOR THE RECODIFICATION OF THE CODE OF ORDINANCES FOR THE CITY OF LA PORTE CORD. 94-2007) - S. Lenes city Secretary Sue Lenes reviewed summary and recommendation for the recodification of the Code of Ordinances. city Attorney read: ORDINANCE 94-2007 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MUNICIPAL CODE CORPORATION, TO REFORMAT, RECODIFY AND CONvERT THE CITY OF LA PORTE'S EXISTING MUNICIPAL CODE, AND TO PROVIDE . HARD COPY AND COMPUTERIZED FORMAT VERSIONS; APPROPRIATING NOT TO EXCEED $11,015.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilnerson Thrower to annrove Ordinance 94~2007 as read bv the city Attornev. Second by Councilperson McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 16. CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER BETWEEN THE CITY OF LA PORTE AND ~ALVESTON BAY LAND & MARINE. INC. FOR THE REMOVAL OF ABANDONED pILINGS AT SYLVAN BEACH COrd. 94-2008) - C. Harrinqton Director of Planning Chuck Harrington reviewed summary and recommendation for request. City Manager Robert T. Herrera brought to Council's attention that before the city will execute any type of change order we will wait for official word from Harris County that they will pay their portion of the funding for this contract. City Attorney read: ORDINANCE 94-2008 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT CHANGE ORDER BETWEEN THE .e e Minutes Public Hearing and Regular Meeting La Porte City council December 12, 1994, Page 10 CITY OF LA PORTE AND GALVESTON BAY LAND & MARINE, INC. , FOR REMOVAL OF ABANDONED PILINGS AT SYLVAN BEACH; APPROPRIATING NOT TO EXCEED $14,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilnerson Clarke to annrove Ordinance 94-2008 as read bv the citv Attornev. Second by Councilperson : McLaughlin. The motion carried, 9 ayes and 0 nays. Ayes: councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 17. CONSIDER AN ORDINANCE CHANGING THE NAME OF SOUTH M STREET TO LITTLE CEDAR BAYOU DRIVE lOrd. 94-2009\ - c. Harrinaton Director of Planning Chuck Harrington reviewed the summary and recommendation for t,he request. Mr. Harrington said staff concurs with the Planning and Zoning Commission and recommends the street name be changed to Little Cedar Bayou Drive. City Attorney read: ORDINANCE 94-2009 - AN ORDINANCE CHANGING THE NAME OF SOUTH M STREET TO LITTLE CEDAR BAYOU DRIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilnerson McLauahlin to annrove Ordinance 94-2009 as read bv the citv Attornev. Second by councilpersonThrower. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 18. CONSIDER APPROVING AN INTERLOCAL AGREEMENT FOR LOGIC FUND - J. Litchfield. Director of Finance Jeff Litchfield reviewed the request and the proposed agreement with the Local Government Investment Cooperative (LOGIC) Fund. He presented a graph tracking the performance of TEXPOOL, LOGIC AND THE 90 DAY T-BILL RATE. Motion was made bv Councilnerson Sutherland to annrove an interlocal aareement for LOGIC fund. Second by councilperson e e Minutes Public Hearing and Regular Meeting La Porte City Council December 12, 1994, Page 11 Thrower. The motion carried, 9 ayes and 0 nays. Ayes: councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 19. CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE. RATIFYING AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT ~GREEMENT BETWEEN THE CITY OF LA PORTE: SOUTHERN IONICS. INC.. AND HOUSTON CHEMICAL SERVICES. INC. (Res. 94-12) - R.T. Herrera Council decided to take this item to executive session. 20. CONSENT AGENDA - ANY ITEM MAY BE REMOVED BY A COUNCILPERSON FOR DISCUSSION fu. CONSIDER AWARDING AN ANNUAL CONTRACT FOR SIGN MATERIAlS TO VULCAN SIGNS - S. Gillett !L. CONSIDER AWARDING A BID FOR THE PURCHASE OF A DUAL- CONTROL ELGIN STREET SWEEPER TO HI-WAY EOUIPMENT. INC. - S. Gillett ~ CONSIDER AWARDING A BID FOR THE REPLACEMENT OF A 26 PASSENGER BUS TO LONGHORN BUS SALES - S. Gillett !h. qONSIDER AWARDING AN ANNUAL CONTRACT FOR STABILIZED C;~I.q+UM SULFATE . TO GULF STATES MATERIALS. INC. - S. Gillett ~ qONSIDER AWARDING A BID FOR THE PURCHASE OF A RIDING GREENS MOWER: 72" OUT-FRONT ROTARY MOWER. SAND TRAP MACHINE. AND ONE OFF-ROAD UTILITY VEHICLE TO WATSON DISTRIBUTING COMPANY. INC. & ONE 200-GALLON SPRAYER TO LANSDOWNE-MOODY COMPANY. INC. - A. Osmond ~ CONSIDER REOUEST TO PURCHASE A NIGHTSIGHT THERMAL VISION $YSTEM FROM.A SOLE 'SOURCE VENDOR TEXAS INSTRUMENTS - B. Powell Motion was made bv Counciloerson McLauahlin to aoorove the Consent Aaenda as Dresented. Second by Councilperson Thrower. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter,Gay, Maxwell, Clarke and Mayor Malone e e Minutes Public Hearinq and Regular Meeting La Porte City Council December 12, 1994, Page 12 Nays: None 21. ADMINISTRATIVE REPORTS city Manager Robert T. Herrera had two items for council's attention. A) Complimented Council on the manner they handled the agenda items; B) Introduced the new Assistant Director of Finance cynthia Alexander. 22. COUNCIL ACTION Councilperson Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone brought items to Councils attention. 23. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW. CHAPTER 551.071 THROUGH 551.076. AND 551.084. GOVT. CODE. VERNON'S TEXAS CODES ANNOTATED. - (CONSULTATION WITH ATTORNEY. pELIBERATION REGARDING REAL PROPERTY. DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION. PERSONNEL MATTERS. CONFERENCE WITH EMPLOYEES,. DELIBERATION REGARDING SECURITY DEVICES. OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) SUPPLEMENTAL AGENDA ITEM A. SECTION 551.071 - (LEGAL) DISCUSS WITH LEGAL COUNSEL LAWSUIT WITH HOUSTON CHEMICAL SERVICES ALSO DISCUSSION OF AGENDA ITEM 19 Council retired into executive session at 8:02 P.M. to discuss executive session Item A and Agenda Item 19. Council returned to the table at 9:15 P.M. Mayor Malone reported there was no action taken on Executive Session xtem A. Discuss with Leqal Counsel lawsuit with Houston Chemical Services or Aqenda Item 19, Resolution No. 94-12. City Attorney read: RESOLUTION 94-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, RATIFYING AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE; SOUTHERN IONICS, INC., AND HOUSTON CHEMICAL SERVICES, INC. ; AND RATIFYING AND CONFIRMING LETTERS FROM THE CITY MANAGER OF THE CITY OF LA PORTE, TO GOVERNOR-ELECT GEORGE W. BUSH, AND OTHERS, CONCERNING THE SETTLEMENT AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN e e Minutes Public Hearing and Regular Meeting La Porte City Council December 12, 1994, Page 13 EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Maxwell to approve Resolution 94-12 as read bv the City Attornev. Second by councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 24. ADJOURNMENT There being no further business to come before Council the meeting duly adjourned at 9:17 P.M. Respectfully submitted, ~L/}~ Sue Lenes, City Secretary Passed and Approved this the 9th da~of January, 1995 .. 1~~~~ N rman L. Malone, Mayor . . I . . PARAMEDIC OF THE YEAR 1994 EACH YEAR, LA PORTE EMS RECOGNIZES AN EMPLOYEE AS THE PARAMEDIC OF THE YEAR. THIS EMPLOYEE'S ATTITUDE AND BEHAVIOR EXEMPLIFIES THE FOLLOWING QUALITIES: 1. LOYALTY TO THE ORGANIZATION AND TO HIS/ HER PEERS 2. CONGENIAL 3. HELPFUL TO OTHERS 4. WILLING TO STRIVE FOR SELF IMPROVEMENT 5. FAIR AND HONEST 6. PROFESSIONAL IN APPEARANCE 7. CARING TOWARD PATIENTS 8. CONSIDERATE TO FELLOW EMPLOYEES 9. PUNCTUAL THIS YEAR WE HAD A TIE IN THE VOTING. TY JAMES AND SHAWNITA WATTS WERE BOTH NOMINATED AS THE PARAMEDIC OF THE YEAR. TY JAMES HAS BEEN A PARAMEDIC WITH LA PORTE EMS SINCE NOVEMBER OF 1993. DURING THIS TIME, TY HAS PROVED HIMSELF TO BE AN EXEMPLARY EMPLOYEE. DURING HIS TENURE, TY HAS RECEIVED SEVERAL LETTER OF ACCOMMODATION FROM PATIENTS, PATIENTS FAMILIES, AND SCHOOLS. TY HAS ALSO PLAYED AN INSTRUMENTAL ROLE IN UPDATING LA PORTE EMS' DISASTER POLICY. TY HAS ALSO TAKEN IN ACTIVE ROLE IN THE LA PORTE EMS/ NEIGHBORHOOD CENTER TOY DRIVE. SHAWN ITA WATTS HAS BEEN A PARAMEDIC WITH LA PORTE EMS SINCE OCTOBER 1988. SHE WAS FIRST HIRED AS A DRIVER AND WAS PROMOTED TO THE POSITION OF ATTENDANT IN 1991. SHE IS ALSO ONE OF OUR FIELD TRAINING OFFICERS. DURING HER TENURE SHE HAS ALWAYS STRIVED TO MAKE LA PORTE EMS ON THE BEST SERVICES IN TEXAS AND WAS VERY INSTRUMENTAL IN HELPING LA PORTE EMS WIN THE PUBLIC PROVIDER OF THE YEAR AWARD FOR 1993. SHAWNITTA ALSO SERVES AS THE OFFICE MANAGER FOR LA PORTE EMS. SHAWNITTA HAS RECEIVED SEVERAL LETTERS OF ACCOMMODATIONS AND HAS ALWAYS BEEN CARING TOWARDS PATIENTS. " , ~ vi 'f-k. 0 ~ =_ J v1J I J~0 fU,~/, 2>Cp--T 1'"1'1 L/ e e "EMPLOYEE OF THE QUARTER" NOMINA TION FORM Employee's Name: w~\'A ~ I t.+<..PJ'3)5 Hire Date: ;- t..Z ~8 ~ Job Title: DI7ft1loy{~J_.~ Nominated By: L\'. C.r(. ~IW Department: p~. v Yes / No ~ 1. Completed six (6) month introductory period. ~ 2. Any reprimands in personnel file during past twelve (12) months. ~ 3. Satisfactory safety record. both vehicle and personal. 4. Serves as a positive role model for other employees in regard to attitude. performance. and ability. t 5. Performs over and above his/her regular job duties and requirements. 6. Has this employee been selected for "Employee of the Quarter" before? If yes, please state when. " i 7. For the past twelve (12) months has received the following overall score on his/her evaluation (please check one only): ~xcellent Superior Satisfactory 8. Please write a paragraph explaining why this employee is being nominated for" Employee of the Quarter". (attach 'supplement pages as needed) wAv1~ ~h ~(1 ~ ~y~ Ues. ~ ~"'" ~ (.0. -..-..vi2 wi 0 ~..... ~ O-vv() ~ V8? ~.^- ~'^ ~\K.Q...W \o~(M~.-b -kY ~ \J1A~d ~ ~ CeAA~~~; ~~A/J .. ~ ~~V-tL '1~ \10 70 ~. , ~. ~J-, o.A~k~ ~ 0>0 ~~..~ V} eL <I~..JRe ~.~ ~ Q' ~ ~ ~ aWL 'v; ~ ~ APC<l~~.hIM- oi "'- ~ 0 L weiI.tL '^'- ~ ~ . Supervisor's Signature: {/ii4ftL~ Date: 1~/2bI/qy e e t IQUEST FOR CITY COUNCIL AGENDA ITI Agenda Date Requested: December 12. 1994 Requested By: Charles Harrinoton C/l#- Department: Plannino t X Report X Resolution Ordinance \ , Exhibits: "- 1, Transmittal Letter from Planning & Zoning Commission 2. Report Regarding Proposed Comprehensive Plan Amendments 3. Resolution i ,..........,..." ........', .... "'"'' ,'.. ." ,"" ""." ""',""'''..... "",.' '''''''' .., "" .",~""", '., .. .",." ." , '" ......"""" ""'."......,,_..,,, '" SUMMARY & RECOMMENDATION Summarv The Planning & Zoning Commission, as required by law, has performed its 1994 Comprehensive Plan review. The attached transmittal letter and report detail the topics of review. The report also includes the plan amendments that have been endorsed by the Commission. Council Is being asked to review these amendments and grant formal approval by adoption of the attached resolution, Recommendation The Planning & Zoning Commission has recommended approval of the proposed :' amendments. Staff concurs with the Commission's recommendation. Action Required by Council: Consider approval of resoluti.on. AvaliabiHiy'ofFuil'ds:"'Nl:A ."",..", '""""""",-.."'''''' ,.", ""'" ",,,., .'" '" ,,","'" ",..", _.'h'."..",.,,,......"'.."',',..,,"...,,',',,...,"....... - General Fund - VVaterjVVastewater - Capital Improvement - General Revenue Sharing - Other Account Number: N/A Funds Available: YES NO ..,......,.,...,..........,.,.........'" .. "".11 I'" ,,,,,.., ,," 1....1,",'.,... "'''.'..''''''..''''.~'...;...,'''u..'...., ,,,.. ,.,..",..."".. hi. ._ ,..."" ......", ,...., .... '" I ..'''.''00''. .," .......,...'"".....'....1"."'......' _''''''.1.'. Aooroved for Cltv Council Aaenda G~ \,~ 1'2.-,-t:!l{ Robert T. Herrera DATE City Manager f n e e RESOLUTION NO. 94-11 THIS IS A RESOLUTION ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211. 004 of the Texas Local Government Code provides that Zoning regulations must be adopted in accordance with a Comprehensive Plan; and, WHEREAS, said statute also provides that a majority of the City Council of the City of La Porte may amend a Comprehensive Plan at any time; and, WHEREAS, City of La Porte Ordinance 1501, The City of La Porte's Zoning Ordinance, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan; and, WHEREAS, the City of La Porte has a Comprehensive Plan which Plan was adopted by City Council of the City of La Porte by Resolution No; 35-86 on ;he 8th day of December, 1986; and, WHEREAS, pursuant to Zoning Ordinance mandate, the Planning Commission of the City of La Porte has reviewed various elements of the Comprehensive Plan as follows, to wit: a) At the Planning and Zoning Commission meeting which occurred on July 21, 1994, the Thoroughfare Plan was reviewed; b) At the Planning and Zoning Commission meeting which occurred on August 18, 1994, the Water, Sewer, and Storm Water components of the Comprehensive Plan were reviewed; and, c) At the Planning and Zoning Commission meeting which occurred on September 15, 1994, the Open Space Plan and Pedestrian Plan components of the Comprehensive Plan were reviewed; and, RESOLUTION NO. 94-11~ e Page 2 WHEREAS, the Planning and Zoning Commission of the City of La Porte held a public hearing, duly pos1:ed and held in accordance with state law, for the purpose of considering the aforementioned various components of the Comprehensive Plan; and, WHEREAS, after due consideration of comments made by the public at said public hearing together with the recommendations of staff presented at said Planning and Zoning Commission meetings and said public hearing, the Planning and Zoning Commission has recommended amendments to the ComprehenEive Plan, more particularly outlined on Exhibit "A" attached to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section l. That the revisions to the Comprehensive Plan of the City of La Porte attached to this Resolution, and which are incorporated by reference herein, be and are hereby authorized, approved, and adopted . pursuant to the recommendations of the Planning Commission of the City of La Porte. S~ction 2. That the City Secretary of the City of La Porte or her designated representative be required to append said amendments to said Comprehensive Plan and duly mark and note said changes on , the Comprehensive Plan of the City of La Porte. Section 3 . The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised RESOLUTION NO. 94-11~ . Page 3 Civil statutes Annotated; 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 The City Council i acted upon. further ~ ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be effective fourt~en (14) days after its passage and approval. The City Secretary shall give I notice of the passage of this Resolution by causing the caption .. hereof to be published in the official newspaper in the City of La \ Porte at least twice within ten (10) days after the passage of this Resolution. PASSED AND APPROVED this /<9.'" day of D e..~ <Lt)'\ b er , 193.!/-. " CIT~/OF LA PO~ It .' By: >" ;/)11/. ..., . I /NoIrmari~j,~ ayor ATTEST: By: ~ ~ Sue Lenes, City Secretary L- rn~ i \ \ e City of La Porte Established 1892 1 December 6, 1994 Honorable Mayor Norman Malone and City Council City of La Porte Re: Comprehensive Plan Updates . Dear Mayor Malone: The Planning Commission, as required by law, has this year performed ~ts' review of the Comprehensive Plan. During this year review, three major areas were examined during the workshops conducted in July, August, and September. The three elements examined were transportation, utilities, and open space/pedestrian space. The review was concluded with a publi~ hearing conducted on October 20, 1994. The report that is attached and follows this letter details the topics of review and the Commission's recommendations. The Planning and Zoning Commission, by unanimous vote, has endorsed the recommendations contained in thIs report. The Commission respectfully requests that City Council, by resolution, approve the Comprehensive Plan amendments as presented. Respectfully submitted, ~e~ Chairman, Planning and Zoning Commission. xc: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020 , - - ~ e e COMPREHENSIVE PLAN AMENDMENTS TRANSPORTATION - UTILITIES - OPEN SPACE Backlrround: The Planning Commission, as required by law, has this year performed its review of the Comprehensive Plan. During this year review, three major areas were exanii,ned during the workshops conducted in July, August, and. September. The three elements examined were transpOJ;tation, utilities, and open space/pedestrian space. In reviewing all three areas, a number of items were considered as prime indicators of growth and growth patterns. These items included growth rates based on housing stock, new subdivisions, traffic counts, and new projects of major impact. The background information is depicted as a part of Attachment "A". Recommendation: Transoortation: In the review of the transportation section of the - Comprehensive Plan, it was quickly noted that many of the transportation improvements proposed in the original plan have been addressed. Attachment "B" depicts the major improvements proposed in 1984 and shows their status. There is only one street project that is recommended to be deleted; the connection of Barbour's Cut Blvd. to North "P" Street at or near Sens Road. There is no apparent need to connect the Port traffic to lip". Street and there is certainly no justification for expense involved in making the overpass across the Southern Pacific Railyards. Attachment "B" also provides the proposed transportation improvements that were developed during the workshop - process. These include major street improvements as well as intersection improvements necessary to enhance the traffic flow on several arterials. Utilities: In the area of utilities, the Commission has reviewed the three areas of water, sewer; and storm sewer. As may be recalled from discussions during the workshop session, the growth originally anticipated in the Comprehensive Plan has not occurred at the rate of 5.3% per year. Over the period of 1984-1990, the population was expected to grow by 9,203 persons. Actual growth by census count was only 3,670 persons. Estimated population by the Comprehensive Plan for 1994 was to be 40,572. By current estimates, the population is on 28,998. - ~ c e e The reduced growth rate has helped in the areas of water and wastewater. This slower growth rate has kept the demand down for increased services and has kept the proposed improvements still viable for the next ten years. The resultant effect . was for the staff to recommend and the Commission to adopt no changes to the utilities portion of the Compre?ensive Plan. Onen Snace IPedestrian: In the review process, the focus was split - - between open space (parks) and pedestrian access. In the area of open space, the City has accomplished most if not more than was originally proposed in the Comprehensive Plan. As shown in Attachment "C", the original projects have been completed. During the workshop session, the staff recommended those new projects listed in Attachment "C". These will include a new community park at the old Seabreeze Sailing Club site, a regional park in West La Porte and the redeveloP:rI!-ent of a portion of Sylvan Beach Park. In the areas .of pedestrian walkways, very few projects have been accomplished. The staff recommended retention of the existing plan with the adoption of two new additions as a result of the Bayfront Master Plan. The new projects, as shown in Attachment "C", are the construction of a boardwalk from Sylvan ,Beach to the old Seabreeze Sailing Club and a pedestrian path or walk along San Jacinto from Main Street to Sylvan Beach. The staff recommends that the Planning Commission accept the . proposed Comprehensive Plan changes and forward them to the City . Council with a recommendation for approval. - ~ . e e .' ATTACHMENT IIAII - - . e e POPULATION INFORMATION Population on April 1, 1990 27,923 Housing Units on April 1, 1990 9,971 Persons/Housing Unit on April 1, 1990 2.8 Housing Units Constructed since April 1, 1990 389 Housing Units Demolished since April 1, 1990 5 Net Gain in Hosing Units 384 Estimated Population Gain since April 1, 1990 (based on 2.8 persons/housing unit) 1,075 POPULATION ESTIMATE AS OF DECEMBER 1, 1993 28,998 Average Growth per Year since April 1, 1990 1 % per year - e POPULATION INFORMATION 1993 ITHRU 11 MOS.) POD. 28.998 Housing Units Added 189 Housing Units Demolished -..s. Net Gain 184 Population Gained at 2.8 persons/unit 515 Growth Rate 1.8% 1992 POD. 28.483 Housing Units Added 173 Housing Units Demolished -0- Net Gain 173 Population Gained at 2.8 persons/unit 484 Growth Rate 1.7% 1991 POD. 27.999 Housing Units Added 22 Housing Units Demolished -0- N et Gain 22 Population Gained at 2.8 persons/unit 62 Growth Rate .2% 1990 POD. 27.937 Housing Units Added 5 Housing Units Demolished -0- Net Gained 5 Population Gained at 2.8 persons/unit 14 Growth Rate .06% " POPLLATIO\ GROWTH Thousands 34 -..,........."....,..,....,...,...............'...'................................,........,..............................................................,.........................................,.............................................,.......................... e 32 -.........................................................:...:................................................................................................................................................................................................................. 30 -........................,................................,............................................................................ ............................................................................................................................. 28 ........................................................................................................................................................................................................................................................................ 26 -............................,............................"..,.......,.................................................................................................................................................................................:........................ 24 -.................................,................'....,...................................................................................................................................................................................................................... ! 1 22 -........,...............,.........................................,........................................................................................................................................................................................................... 20 I I I I I I I I I e 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 28,0.4.4 28,20.4 28,889 29,252 29,487 YEARS .610 .610 1.710 210 1.610 · ~ ESTIMATED POPULATION 1. Growth based on res. housing permits · First six months of 1994 > .... - I I BAYTOWN rY - ... ~ ~ N.T.S. , li! I NORTH . F' ST. 3m: ~ it DEER PARK \ Ii. ~~.< ~ ~_I 7 ! !. : ~(T I 3 BOO NORTH .If ST. 'I., MORGAN'S POINT i ,I i . . PASADENA ~ _i GALVESTON 900 BAY ~ e I \. LEGEND I I I t 994 DATA CllY OF lA PORTE t 984 DATA SEABROOK TRAFFIC COUNTS " . ,-.-. "-- , . : _ BAYTOWN ~ " . GlEN~E5.6'7 . 218 PtAlTB) LOTS ~ I ~I. N.TS ~ Nomll'P" ST. DEER PARK " . . : ~ ; .. . ~r-."" . ~ · : A PO(T MORGAN'S POINT I. i ! . .,... . PASADENA I ; ~ \ ~ ~ PECAN CIlOSilNG SUBDMSON I I GALVESTON ), 250 P\.ATIED LOlS ~ BAY _. NO, UNITS CONS1RUCTID ,~ SNa: 1/1/91 1 I ~1 I / ~ I 2 1~ ~OO~~ 337 Pl.ATlID lOTS 3 A2" . 4 28 SEABROOK CITY OF LA PORTE GROWTH AREAS . . t, . e ATTACHMENT "B" - ~ ~ e - THOROUGHFARE IMPROVEMENTS 1994 PRIORI'lU~..S Priority GrouD . Roadwav From To Proiect 1. Farrington Blvd. Crestway North "H" Construct 2 Lane Section Bay Area Blvd: Fairmont Spencer Construct 5 Lane Section Sens Rd. Spencer SH 225 Construct 5 Lane Section San Jacinto Main Sylvan Widen to 4 Lanes Beach with Divided Median 2. Lomax School Rd. North "P" St. SH 225 Construct 2 Lane Section 3. 16th Street North "G" St. SH 146 Construct 2 Lane Section 16th Street Fairmont Pkwy. W. Weems Construct 2 Lane Section 4'. Farrington/Lomax Crestway SH 225 Widen to 4 Lane School Road with Divided Median 16th Street North "G" St. SH 146 (S) Widen to 4 Lanes Old La Porte Rd. Underwood SH 146 Construct 2 Lane Section Others: Broadway F airmont Shoreacres Widen to 5 Lane Boulevard Section Canada Street Carlow Fairmont Construct 2 Lane Section j I e e INTERSECTION IMPROVEMENTS 1994 PRIORITIES Priority Group Location Proiect 1. Fairmont @ Driftwood Construct Right and Left Turn Lanes Fairmont @ Farrington Construct Right and Left Turn Lanes Fairmont @ Underwood Construct Right and Left Turn Lanes Fairmont @ Brookwood Construct Right and Left Turn Lanes Fairmont @ Luella Construct Right and Left Turn Lanes Fairmont @ 8th St. Traffic Signals from 7th to 8th St. Main St./Broadway /San Jacinto Construct Round-about 2. Fairmont @ S. 16th St. Install Traffic Signals When Warranted SH 146 @ Wharton Weems Install Traffic Signals When Warranted 3. Wharton Weems . Blvd. Construct Grade Separation Fairmont @ Canada St. Construct Right and Left Turn Lanes - - c- . e 1984 PRIORITIES COMBINATION RESPONSIBILln~S Priority Groun Proiect Current Status 1. SH 225/SH 146 Interchange Under design; construction in 1996. Alternate Truck Route to Proposed to be deleted. Barbours Cut Blvd. 2. Grade Separation on SH 146 Fairmont Pkwy. complete; Barbour's Cut at Barbour's Cut Blvd. and Boulevard under design. Fairmont Parkway 3. ' SH 225 Completion as Freeway Under construction. to Intersection of SH 146 Underwood Road from Proposed Approximately 50% complete. "S" Street to Fairmont Pkwy. Upgrade to Primary Arterial. 4. Completion of Bay Area Blvd. from Fairmont Pkwy. to Spencer and Upgrade to Arterial Standard from Spencer to SH 225. Complete Underwood from Proposed Complete "S" Street to SH 225. , Others: Upgrade Fairmont Pkwy. to Semi- controlled Access Highway. Link ilL" Street to Barbour's Cut Blvd. Delete c . . 1984 PRIORITIES CITY RESPONSffiILITIES : Priority Group ,Proiect Current Status 2. Farrington Blvd; Crestway to Spencer; widen to 4 lanes. Farrington Blv~. from Crestway R -0- W being purchased and design to North "H" Street; develop 4 underway. lane section. Lomax School Road from North "H" Street to North "P" Street; widen to 4 lanes. Lomax School Road from North "P" Street to SH 225; develop 4 lane section. 3. Old La Porte Rd. from Underwood to SH 146. 4. 16th Street from North "G" Street Proposed to reroute to SH 146. to Old La Porte Rd.; widen and construct 4 lane section. 16th Street from Fairmont to Wharton Weems Blvd; widen and construct 4 lane section. - - - e . . ATTACHMENT "e" - ~ ~ . . ORIGINAL PROJECTS Little Cedar Bavou Park Status Includes: Pool with diving well Wave pool complex 4,000 sq. ft. gym. Recreation Center Playground Complete 4 lighted baseball fields 3 fields complete Concession stand/pressbox Complete 1 soccer field 2 fields '6 tennis courts Complete Parking Complete 3 picnic sites . Complete Fishing pier Sylvan Beach Pier Foot bridge Bay overlook Sea Breeze Sailing Cub purchased Community Park (Northwest Area) Includes: 2 basketball courts Complete 2 tennis coUrts Complete 1 football/soccer field Complete 2 softball fields Future Facilities To Include: 2 basketball courts 2 handball courts Recreation Center 4 tennis courts 2 baseball fields . 1 swimming pool Northwest Park - ~ e e N~W PROJECTS Develop Community Park to include: . Picnic Areas . Fishing Pier . Bay Overlook . Parking Develop Relrional Park in West La Porte to include: . ' Four Softball Fields . Concession StandjPressbox . Walking Trail . Picnic Area . Parking Develop Relrional Park North of Sylvan Beach to include: . Waterfront/Beach Area . Ampitheater . Festival Park Site . Picnic Area . Parking Pedestrian Walkwavs to be completed would include: . Boardwalk from Sylvan Beach to Sea Breeze Site . \Valkway along San Jacinto St. from Main St. to Sylvan Beach. e . . . City of La Porte Established 1892 December 6, 1994 Honorable Mayor Norman Malone and City Council City of La Porte Re: Special Conditional Use Permit #SCU94-003 Dear Mayor Malone: The La Porte Planning and Zoning Commission, at its October 20, 1994, public hearing and regular meeting, considered Special Conditional Use Permit Request #SCU94-003. This permit has been requested for the purpose of allowing construCtion of a mini-warehouse and boat/RV storage facility. A copy of staffs report detailing the issues relating to this request is attached ahd follows this letter. Based on the information contained in staffs report and comment received in public hearing, the Commission has found this request to be in compliance with applicable Zoning Ordinance requirements. The Commission has, therefore, by unanimous vote, recommended approval of SCU94-003, subject to certain specific conditions. A Special Conditional Use Permit has been prepared. It is attached and follows staffs report. Recommended permit conditions are noted on the permit. Respectfully submitted, (fj~r~ Chairman, Phmnin.g and Zoning Commission. xc: Robert T. Herrera, City Manager. John J oerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission P.O. Box IllS · La Porte, Texas 77572-1115 · (713) 471-5020 WUEST FOR CITY COUNCIL AGENDA ITE. Agenda Date Requested: December 12. 1994 Requested By; Charles Harrinoton (J( ~ Department: Plan nino X Report Resolution Ordinance Exhibits: 1. Transmittal Letter from Planning and Zoning Commission 2. Staff Report 3, Special Conditional Use Permit #SCU94-003 4. Public Notice Replies 1"",,,,,,,,,.,, """""""''''''0.,.....1 """".,..,. ... "' " I . I . ",.,"....,,, "" ". SUMMARY & RECOMMENDATION ,Summary ..,I.. The Planning & Zoning Commission, at its October 20, 1994, meeting, considered and recommended approval of Special Conditional Use (SCU) Permit Request SCU94-003. The permit Is requested for the purpose of allowing development of a mini- warehouse/boat and RV storage facility to be located at 11230 West Main Street. The October 20, Commission hearing constituted the first phase of the SCU review and approval process. The final phase will be the December 12, Public Hearing to be conducted by City Council. After closing the hearing, Council will consider approval of the SCU Permit. t In preparation for this City Council Public Hearing, staff has satisfied all public notice ,. requirements, including a mailout to the owners of all properties located within 200 feet of the tract in question. A total of 9 notices were mailed. As of December 6, the date on which this agenda request is being prepared, 3 replies have been received, all recommending approval. If additional replies are received, they will be provided to Council at the December 12, Public Hearing. Recommendation The Planning & Zoning Commission, by unanimous vote, has recommended approval of SCU94-003, subject to specified conditions. Staff concurs with this recommendation. Action Required by Council: 1. Conduct Public Hearing 2. Consider Approval of SCU94-003 Ava"iiabii'lty.o'..F'Lin.as;"..NJA'."....-..'. .. ,.." .'..." ,. ,....",... . 11.1'" .,,, ';".' .,.,....,...."....,.-..,...,.,......,..,.,,,"......, - General Fund - Water/Wastewater - Capital Improvement - General Revenue Sharing - Other Account Number: N/A Funds Available: YES NO ..'.'d.'......"".,,,',,,,.'",,.,,,.....,..,,.,,,,,.,',,,....,' ..'1' '" ,",,' "" .,........ , ... .", 'I' , "..""..,......" ...,,,,,..,, Aooroved for Cltv Council Aaenda CXoJ-..w: T ~ \ 1.. -I-q~ Robert t. Herrera DATE City Manager .' e CITY OF LA PORTE e APPLICATION fOR SPECtAL CONDITIONAL USE PERMIT Do3 ---------------------------------------A;;li~~~i~~-~~~~--ci7=----- --- OfFICE USE ONLY: Fee: $100.00 Date Received: C~ -30-'IL~ . . R e c e i p t No.: -'is-';; ,r Y .3 6 - Certified Plans Submitted: \ ~ General plan () Major Development Site Plan ()d Minor Development Site Plan () Preliminary Plat ---------------------------------------------------------------------- Person Making Request: ~\l""" ~CC"T~':=:' '::NL 70h",;",... ':;;~t:'/4-#c1' / Mailing Address: 7C( 5:hA-/<.o;J DIL City/State: ~"TCUJ\J -'-1-. -n s;L. I phone: 713- 6p.s- /3Si I BUSINESS NAME: ).,AAJ,' "., A rv" I "'"T~i?~<;" .~ P ROPE RTY- ADDRESS: 8, LJJ, &re;Jf'/L SPP~c ea -;),o)..v~v 1'31-lC( i3~ lI~rrl-:- , ' LEGAL DESCRIPTION: 212TDf [ld' ,/ ~ Cjo ?cllH-Kcf ~~,a.I(5(,rl""'" 1h6.2J , ZONE: (;Ie. SIC USE CATEGORY: _ :./.2.2...5 TYPE Of BUSINESS: (Y7/~h - Se/r .s--ff)~AC/e- 9-3"- 9'-1 'm//~'0- Date owne~;'Authorized Agent ---------------------------------------------------------------------- OFFICE USE ONLY Da te 0 f P & Z Public Hea ring: /1/LV/<frf Recommenda t iOn:6) or N Date of City Council Meeting: 1:1--. J II-.-/rY- Approved: y or N I I Zone: This application is: Approved ( ) Denied ( ) Permit (} CLP JOB ~ (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 e e Sept 28, 1994 CITY OF La PORTE ATT: MARK S. LEWIS REF: MINI SELF STORAGE FACILITY S. W. CORNER OF MAIN ST. and BOYETT TO WHOM IT MAY CONCERN: Please accept this as our authorization for M. David Boothe to represent us with the city of La Porte as our authorized agent to make applications, request or what ever matter may arise in connection with the permitting and construction of the above referenced facility. Johnny Steeland _ k/::-P&~ 0ana~elan~ qdllL0 _ ltJand e e LANDMARK INTEREST GENERAL CONTRACTORS CON5TR.JCTION M.ANA6EMENT -"I'IP CCIN9IJl.. TANT5 10h &l-lARON DR U rn1 \ \ eA'l'TOIU-J. TEXA5 11B21 City of La Porte Planing & zoning Board City Council Ref: Mini Self Storage Facility Location: S. W. Corner Main & Boyett The proposed location, until recently, has been used by Matlack Truck Lines as a truck terminal which 1S not a conforming use under the guidelines of General Commercial Zoning. We have performed considerable research for the highest and best use of the land and it is our desire to enhance the general 'area Slnce it is on one of the main entrances leading into the City. We have given great detail to leaving a liberal building setback and will be taking up about 1400 sq. ft. of pavement and base to achieve what we belive to be a well landscaped and attractive site. All the larger trees that now exist on this tract will be saved and additional landscaping is proposed over and above the City's required amount. We have taken into consideration the requirements for instruments landing approach now being considered for the airport. All of our proposed buildings are well below the maximum heights and the only two story building is 197' south of the center line of Main St. Provided at this location will be approximately 17,000 sq. ft. of climate controlled storage space. We have found there is no climate controlled storage available in the City at this time. Also we will be providing units with enough eve height to accommodate luxury inotor homes completely enclosed, protected from the element and out of view. We will have an on site manager and an elaborate security system which should reduce the possibility of vandalism. Please note on the plans that additional R/V and boat storage will be provided as a second phase when the need arises for more space. Thank you for your consideration. M. David Boothe , e -~ e ~ -- Reauested For: A 43668 acre tract out of Outlots 71 and 90; Richard Pearsall Survey, A-25, w~ch is further described as being located at 11230 West Main Street. (See Exhibit A) Reauested By: Mr. David Boothe of Landmark Interests, on behalf of Mr. ' Johnny Steeland, property owner. Zoning: General Commercial (G.c.) (See Exhibit "B") Purnose of Reauest: The permit 15 requested for the purpose of allowing development of a mini-warehousejboat and RV storage facility. BackQTound: .As noted, the applicant, Mr. Boothe, is proposing to develop a mini-warehousejboat and RV storage facility on the tract in question- The facility, as proposed, is to consist of 441 individual storage units of various sizes, an office, a manager's apartment, and outdoor parking/storage areas. This property is located in a General Commercial (G. C.) zone. Zoning Ordinance Section 6-400 designates both mini- warehousing and "outdoor storage" as a Conditional Use in G.c. zones. The requirement for a Special Conditional Use (S.C.U.) Permit is based on the conditional designation in the Zoning Ordinance. Analvsis: All S.C.U. Permit requests must conform to the requirements of Zoning Ordinance Section 10-200. Additionally, when a permit is requested for property located in G.c. zones, the requirements, of Ordinance Section 6-600 also apply. Staff bas reviewed, this request using these sections as a guide. Based on this review, we find this request to comply with applicable ordinance requirements. A summary follows: Section 10-201 establishes both the administrative review/approval procedures and basic submittal requirements for S.C.U, Permits. Regarding submittals, this section requires applicants to: . Submit a development site plan "drawn to scale and illustrating the arrangement of the project in e - ~ ~ e .Planning & Zoning Commi!;..sion Meeting of 10 /2fJ /94 SCU94-003 Page 2 of 7 detail, including parking facilities, location of buildings, building uses to be permitted, means of ingress and egress, and other pertinent information..." Section 10-202 states that a S.C.U. Permit should be approved only if all the following requirements are satisfied: . That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly oiminish or impair property values within the immediate vicinity. . That the conditions placed on such use as specified in each district have been met by the applicant. . That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints, and necessary to protect the public interest and welfare of the community. It is under the second. of these conditions noted above, (conditions within each district) that Section 6-600 becomes applicable. This section comprises the "Special Use Performance Standards" that are applied to developments within G.c. zones. The standards that apply to this request are those dealing with outdoor storage and required screening. Section 10-201 Criteria: Exhibit A is a reduced copy of the site plan submitted by the applicant. Staff has reviewed this site plan and found it to comply with applicable Zoning Ordinance requirements for setback, lot coverage, landscaping and parking. The site plan has also been reviewed by the Fire Marshal's office. The Fire Marshal has determined that existing fire hydrants will provide adequate protection for the facility and that the driveway jbuilding arrangement will provide adequate access and maneuvering space for emergency vehicles. - ~ ~ e e Planning & Zoning Commission Meeting of 10/20/94 SCU94-003 Page 3 of 7 Staff has also reviewed the site plan for compatibility with the following Comprehensive Plan elements: Safety Plan: No impact. Thoroughfare Plan: No impact; existing roads are adequate to support project. Utility Plan: Existing water is adequate for potable and fire protection needs. Sanitary sewer is not available and can not be readily extended. Existing buildings on site utilize septic systems. Applicant proposes to install either a new septic or package treatment system. Airport Plan: Complies subject to conditions noted in a following section of this report. It should be noted that Exhibit A is not a formal "Minor Development Site Plan" as defined by the City's Development Ordinance (#1444). While the site plan submitted is adequate and satisfactory for this review, it will not serve in 'lieu of a formal Minor Development Plan. Staff would recommend that the following condition be attached to the S.C.U. Permit. . This permit does not become valid until a formal Minor Development Site Plan has been submitted to the City; reviewed and approved in accordance with the requirements of Ordinance #1444 and attached to the S.C.U. Permit. Section 10-202 Criteria: After reviewing this request, it is staffs opinion that the project is and will be compatible with surrounding properties. The east face of the site is separated from neighboring property by Boyett Street. To the west, the tract abuts a pipeline corridor. To the north, the property abuts West Main Street. This is the most public face of the tract. As illustrated on Exhibit A, this is where the applicant intends to place a substantial portion (almost 6,000 sq ft) of the facility's landscaping. -" ~ c e e Planning & Zoning Commission Meeting of 10/20/94 SCU94-003 Page 4"of 7 Exhibit "e' (which is attached and follows this report) is an illustration of the type building the applicant plans to erect. The building style coupled with the proposed landscaping and setbacks should result in a facility that is attractive in its own right and is also compatible with surrounding properties. Conditions for G.C. District: As noted., it is, under the terms of this condition, that Section 6-600 becomes applicable. The performance standards of this section will apply to that portion of the site designated for "future open storage". The southeastern portion of the tract is comprised of a 25,650 sq ft area identified as being reserved for future open storage. There are presently buildings located in this area. They are indicated on Exhibit "A" by broken line outlines. The applicant has stated his intention to have these structures demolished at some point in the future. Following demolition, the area is to be surfaced, fenced, and used for boat and R V parking. At such time as this area is brought into use (either partially or in its entirety), the provisions of Section 6-600 will become applicable. These provisions are as follows: Outdoor Stora2:e: . Storage areas must be screened from the abutting Boyett Street right-of-way. . The are must be surfaced in a manner adequate to control dust. . All lighting must be hooded and directed away from public rights-of-way. Reauired Screening: . Required screening shall consist of evergreen plantings. . Ultimate height of the landscape screen shall be at least six (6) feet. - 0" ~ c e e Planning & Zoning Commission Meeting of 10/20/94 SCU94-003 Page 5 of 7 . Minimum width of planting strip shall be four (4) feet. . A berm may be used to obtain a maximum of two (2) feet of the required height. . Height of screen at time of planting shall be at least four (4) feet (inclusive of berm height). . Height at two (2) years from planting should be at least six (6) feet. . Density at two (2) years from planting should be adequate to provide an effective visual screen. With these requirements in mind, staff would recommend that the following requirements be attached as conditions of the S.C.U. Permit. . Future development of outdoor storage areas, within this described tract shall be permitted under this S.C.U. Permit. . Prior to development, plans detailing surfacing, lighting, fencing, and landscape. screening in compliance with the provisions of Section 6-600 shall be submitted to the City. . Normally required construction permits shall be obtained prior to development of outdoor storage areas. Additional Conditions: In reviewing this request, staff did find "specific site constraints" warranting special conditions being imposed. The first is the building height restriction necessary to maintain adequate airport runway approach clearance. The applicant has recognized the need to respect the approach clearance and has worked with staff to ensure a site design that complies with these restrictions. Exhibit "A" includes the following note (above the footprint of the two story building): e e Pbnnine & Zoning Commi~c;ion Meeting of 10/20 /94 SCU94-003 Page 6 of 7 "CjL [centerline] of Spencer 200'. Maximum allowable height 25 ft." This falls within acceptable height restrictions. Staff would., however, recommend including height restrictions as a condition to be attached to the S.C.U. Permit. . All structures and plantings to be located on this tract shall conform to height limitations established for airport runway approaches. . One other site condition exists that warrants attention. In the process of surveying this tract, the applicant has discovered that certain existing fencelines encroach on. public rights-of-way. The applicant has stated his intention to remedy these encroachments. Staff would still, :however, recommend attaching a specifi"c permit condition addressing this issue. . All property line encroachments shall be removed from this facility prior to issuance of a Certificate of Occupancy. Condusion: In reviewing this request, staff has found: . As presented, the request satisfies all applicable Zoning Ordinance requirements. . As presented, the request is compatible with the goals of the Comprehensive Plan. . If developed in conformance with the recommended - conditions, the proposed facility will be compatible with the surrounding properties. It will not be injurious to the use, enjoyment or value of surrounding properties. Recommendation: Based on the facts and considerations presented, staff recommends granting Special Conditional Use Permit #SCU94- 003 subject to the following conditions: . A formal minor development site plan, prepared in accordance with the requirements of Development Ordinance 1444, shall be submitted for review and approval by City staff prior to obtaining permits for construction of this facility. e - ~ II e Planning &" Zoning Commission Meeting of 10/20/94 SCU94-003 Page 7 of 7 . Outdoor storage areas shall be developed in accordance with the requirements of Section 6- 600 of Ordinance 1501. Plans for development of these areas shall be submitted to the City and necessary permits obtained prior to development of these storage areas. . All structures and plantings on the property shall conform to height limi tations necessary to maintain adequate clear airport runway approach. . All property line encroachments shall be removed - from the site prior to issuance of a Certificate of Occupancy for the project. . This Special Conditional Use Permit does not waive, supersede, or modify any requirement of Zoning Ordinance 1501 except as specifically enumerated by this permit, nor does it waive, supersede, or moclli7 the requirements of any other ordinance of the City of La Porte. . Too Special Conditional Use Permit does not waive or supersede the requirement to obtain any - o.ther permit or license normally required for a business facility of this type. . e e ,(:A/};'(::'~OTE: This exhibit has been. reduced , .~;-;, for inclusion in the City Council' Agenda Packet. 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' ~___...___.___~__..,.. _ . IV'_ , .. '!'. . ,_, . 'e094-OO3 r .or,.!; " - ", r.- -t. I, EXHIBIT .. B" ; '" , ,., .. -.., -r " ~rJ \ . IlI\YPORT INiJUSTRIAL DISTRICT AS OESI....to BY Ir". . <1; : 1- ' ~ ~''i .' ""DINAN,, B42 - A , PASSED ON THE IIlh oo.y Of NOVEMBER, 1991, ...,c", fli .' ,j.!1 !r", : , ~\~\;... ~.r ~~I~'" ~.l~""" . ~ ,~...l..o.....J.'L."'n""'n~'" 'L"__. 1"OU...........I~....' ~ll'U .... .'.' .. (9 ~ 'J -'"' '. "~;-' "\'': ;!.l~; ~ L<~;j\" ;...:''!; i ,\., f;;). i.._" _ - :J...,J.' f - - . . '~r d..... . .; . . ..,'~ ," ',1. oj v~. , i'l I Jl'~"~'~~~~~-Y.~'$oC"1 Wo' ~" -'- .' _ .. , "~-'~ 'f , ~ . ~ · e-.}' \ dlt-i\. . . l.. \ ,'! #.J~r.:~ . .' ~x..&"r~~ ",i#}i. SELF~ 5ER~~Q~ ~~~~:': rFf~_~~;:JXr~Z::ilf;...= A Di\.ision Oi Ame~ic,;?l St~,,: ::uiidi"p .' ,.._'.,..-::0-......... __ "_~.~ ;"0.."_ ...,J:~~~i;..~-!;!;:i:'~.'it.??~'--:::.:,~~~~n=;~'\:;'.;':~"'.',,~.,~;;,-::-~-"7~:"t;'~~.~l'7':'r~;'~T.;r:;-~.y;::'r~?:~~~~";?:t~~..Z::~~::i~!-~:-:-~:1....-;"'~t?~:"?'r':i;:v~~~:~7;-,...:,,';.....<..\-'.;-.,-...~::.~~..,is. . ;-.' .~-- .':::'.::::_T"~';.!,:".;:_~ir?'''':::~:;~'?:7-':':>':-r ~:.~ ....~: \~~ "j Z:}tr~~ '-' .--, " JI,_~"-J a ~ '-- !e e CITY OF LA PORTE Permit No. SCU94-003 SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A ORDINANCE 1501 Johnny Steeland, Owner This permit is issued to: C/O David Boothe. A2:ent Owner or Agent 706 Sharon Drive. Bavtown. TX 77521 Address Landmark Interests For Development of: Miniwarehousin2:/Boat and RV Stora2:e (SIC 4225) Development Name 11230 West Main Street. La Porte. TX Address Legal Description: 4.3668 acres out of Outlots 71 and 90: Richard Pearsall Survev Zoning: General Commercial Permit Conditions Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. (Ordinance 1501, Section 10-201.4) If construction is terminated after the completion of any stage and there is evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City. Council, upon it's 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. Additional Conditions - S"ee Exhibit A Val~te: 12/1/il ~ L /}@a7 ~q'd~ - - Director of Planning City Secretary :,e e SCU94-OO3 - Special Terms and Conditions 1. A formal minor development site plan, prepared in accordance with the requirements of Development Ordinance 1444, shall be submitted for review and approval by City staff prior to obtaining permits for construction of this facility. 2. Outdoor storage areas shall be developed in accordance with the requirements of Section 6-600 of Ordinance 1501. Plans for development of these areas shall be submitted to the City and necessary permits obtained prior to development of these storage areas. 3. All structures and plantings on the property shall conform to height limitations necessary to maintain adequate clear airport runway approach. 4. All property line encroachments shall be removed from the site prior to issuance of a Certificate of Occupancy for the project. 5. This Special Conditional Use Permit does not waive, supersede, or modify any requirement of Zoning Ordinance 1501 except as specifically enumerated by this permit, nor does it waive, supersede, or modify the requirements of any other ordinance of the City of La Porte. 6. This Special Conditional Use Permit does not waive or supersede the requirement to obtain any other permit or license normally required for a business facility of this type. - - - Exhibit A . '. '. .. ... .... ............. ..... .' . ..... . ....... . ........ . e .. - A MEETING OF T~ LA POR. City Council RE~~r (Type of Meeting) _ \\ \~tJ q _ ( HAS BEEN SCHEDULED FOR PtANN\NG '!- December U. 1994 (Meeting Date) Suecial Conditional Use Permit Reouest #SCU94-003 (Type of Request) I HAVE RECEIVED NOTICE OF TIIE ABOVE REFERENCED PUBLIC HEARING AND . L/ IN FAVOR OF OR I AM I Al\1 IN OPPOSITION OF GRAJ.~lli~G THIS REQUEST FOR TIlE FOLLOWING REASONS: ( ...-'- - ..~ ..; ~.~ ''fJO h 11 jA L/ J ;-e e.- L CL IV e/ / ~GNATURE NAME}PLEAsE PRINT) J;Z- 0 / )A. e ct LJ rJ &t/ Ch 5 ;- HOME ADDRESS ( La PC1 r- T ~ /'e)c / e .- A MEETING OF T~ LA PORI - City Council ( (Type of Meeting) ~iti%/~r HAS BEEN SCHEDULED FOR 13D .~ ... Deeember 12. 1994 PLANNING (Meeting Date) SoeciaI Conditional Use Pennit ReQuest #SCU94-003 (Type of Request) I HAVE RECEIVED NOTICE OF. THE ABOVE REFERENCED PUBLIC HEARING AND I Ai\1 r/ IN FAVOR OF OR I AM IN OPPOSITION OF GRAAlmG TIllS REQUEST FOR THE FOLLOWING REASONS: ( .;C- -- J2f;;I / (/d U/ et- , p;-()VUC r 5 II/I {/ /' SIGNATURE ./ I NA1\1E (PLEASE PRINT) 'J J:- 0& 13 (J y c-. //~ Jj. / HO~ ADDRESS L &PI);- Ie. '~ ey l" I / '.~'._' ... -~.._....-- . ---------..-.-- .- L . . ~ -- ---.__.-.." - . .. - --...__.~- .. . .._.d' e - A l\1EETlNG OF T~ LA PORI City Council ( (Type of Meeting) l(E~ElrE~ HAS BEEN SCHEDULED FOR I)' 0' q . - I '!- PLANNING December 12. 1994 (Meeting Date) Soecial Conditional Use Permit Reauest #SCU94-003 (Type of Request) I HAVE RECEIVED NOTICE OF THE ABOVE REFERENCED PUBLIC HEARING Ai'ID I A1y[ ~ IN FAV~R OF OR I AM IN OPPOSITION OF GRAl'furlG THIS REQUEST FOR T.t1E FOLLOWING REASONS: .I !./~~ /7#V/~4 S'r~"'t JJe... e G r Ii..,' $ 7'-f!,,;;r ( Iv'e t. r 7;, 14~ t IZC ,,~rtr 'f. A AI' IJ /r,IS A.t5~I;.) tdArl/ , . / ;-1' SYITLr (:JtJ!"ile2&A/A/4'. r#.#r.A/UR ~J,b~Nc;e-i2., -~ :~.:.:;;. 3~/~./ 1./ ~tf J c. D~.dd / SIGNATURE 'NAME (PLEASE PRINT) ~SI.U'#.~~ ,1hz-- HOME ADDRESS / {A .~b~ r;., 7"1~ f/ (- ..... _. '._ .__.. nn __0'_ H"" __..._ .-.... - .--......-- ... . .+- - -.' . -....... . . n.. . - ...-..... " . .'. . ... . ! MEETING OF TJ:il'; LA PORI City Council REfEf1D ( (Type of Meeting) . )JS q l I. HAS BEEN SCHEDULED FOR PLANNING 1~'" December 12. 1994 (Meeting Date) . Soecial Conditional Use Pennit Reauest #SCU94-004 (Type of Request) I HAVE RECEIVED NOTICE OF TIIE ABOVE REFERENCED PUBLIC HEARlNG AND I AM IX) IN FAVOR OF OR I ~ IN oPPOSmON OF G~l.lNG It./ THIS REQUEST FOR THE FOLLOWING REASONS: ( - .~ .~ E- d- Ill,J;: i E, .-. l(ff<;/cV i-, SIGNATuRE NAME (pLEASE PRINT) IO/:J-~ &Lr~/- ~IhPIV'1e -;r / HOME ADDRESS . ; 1/71t13~ f7/- .:S I q7 &tJ - un. .. .__ . . ~- . .. . .~_ - - '_n . . e .EQUEST FOR CITY COUNCIL AGENDA ~ .C'~ .........:._" + ~ _ ~-; . .... '< '.-', ...~.....-...~.-:.., ~....:..l....'_..~.:. Agenda Date Requested: December 12. 1994 Requested By: Charles Harrinoton O.R# Department: Plannino X Report Resolution Ordinance Exhibits: 1. Transmittal Letter from Planning and Zoning Commission 2. Staff Report 3. Special Conditional Use Permit #SCU94-004 4. Public Notice Replies ....,..... ..,..... "..,.. '..... .... ... . , ..........." ..... '. SUMMARY & RECOMMENDATION, Summarv The Planning & Zoning Commission, at its November 17,1994, meeting, considered and recommended approval of Special Conditional Use (SCU) Permit Request SCU94-004. The permit has been requested for the freezer warehouse complex located at 502 North Broadway. If approved, this permit will serve as an amendment to the SCU Permit that currently governs facility operation. SCU94-Q04 is requested for the purpose of allowing a portion of the facility to be operated as a separate business. The Commission's November 17, Public Hearing constituted the first phase and the SCU review and approval process. The final phase will be carried out in Council's December 12, Public Hearing. After closing the hearing, Council will consider approval of SCU94,004. t In preparation for this City Council Public Hearing, staff has satisfied all public notice .' requirements, including a mailout to the owners of all properties located within 200 feet of the tract in question. A total of 47 notices were mailed. As of December, 6, the date on which this agenda request Is being prepared, 3 replies have been received, all recommending approval. If additional replies are received, they will be provided to Council at the December 12, Public Hearing. Recommendation The Planning & Zoning Commission, by unanimous vote, has recommended approval of SCU94-004, subject to specified conditions. Staff concurs with this recommendation. Action Required by Council: 1. Conduct Public Hearing 2. Consider Approval of SCU94-Q04 Aviiihi'6l1itY'OfFund's:"'N/A""""".'"'' .",. ." . '''' .~"'" 1111 ," ,.,."..,..,'..""."....0",........,..."...".,......,.1 - General Fund - Water/Wastewater - Capital Improvement - General Revenue Sharing - Other Account Number: N/A Funds Available: YES NO -''''''"" ,,'" ",." .'.' "....""" ",' " " ,'. - "..,." "",.",_. ,,," Aooroved for Cltv Council Aaenda ~~T ~ l-z.-i-q<i RODer! T. Herrera DATE City Manager t~ e City of La Porte Establishecl1892 November 22, 1994 Mayor Norman Malone and City Council City of La Porte . , Re: Special Conditional Use Permit #SCU94-004 Dear Mayor Malone: The La Porte Planning and Zoning Commission, at its November 17, 1994, public hearing and regular meeting, considered Special Conditional Use Permit Request #SCU94-004. This permit has been requested for the warehouse facility located-at 502 North Broadway. This facility is currently operating under a Special Conditional Use Permit, #SCU90-002. The applicants are seeking to amend this permit for the purpose of allowing a portion of the site to be operated under separate lease. The area in question is a trailer staging yard located on the eastern side of the tract. The November 17, 1994, staff report detailing this request is attached and follows this letter. The Planning and Zoning Commission, by unanimous vote, has recommended granting approval of Special Conditional Use Permit #SCU94-004. This approval is subject to the conditions noted in the attached November 17, 1994, staff report. Respectfully submitted, (!ff~.dJ~ Betty . Waters, Chairman, Planning and Zoning Commission. xc: Robert T. Herrera, City Manager \ John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission P.O. Box 1115 · La Porte, Texas 77572-1115 · (713)471-5020 I. UI . CITY OF LA PORTE .. APPLICATION FOR SPECIAL CONDITIONAL USE PERMIT ---------------------------------------A~;li~;ti~~-N~~~--?LU=q<r,;~- OFFICE USE ONLY: Fee: $100.00 Date Received: ~/l~q Receipt No.: ' C~1fied Plans Submitted: . ( ) General Plan () Major Development Site Plan ( ) Minor Development Site Plan ( ) Preliminary Plat ---------------------------------------------------------------------- Person Making Request: GarvA Mi'lhrriy Mailing Address: 4910'One Shell Pla7a City/State: Houston, Texas .77002 Phone: (713) 2?2-?111 BUSINESS NAME: Colliers Aooelt.Wamark , PROPERTY ADDRESS: 502 North Broadway LEGAL DESCRIPTION: See Jl.ttached 20 NE : p.i fP'cJ,D./ [l-L SIC USE CATEGORY: ~ /.-)..~ / . I TYPE OF BUSINESS: ,0 hd ~ 4 Date _______________________H______________________________________________ OFFICE USE ONLY Date of P & Z Public Hearing: II ) I 7/11 Recommendation:_ Y or N Date of City Council Meeting: ~ Approved: Y or N ''L/'511t.{ Zone: This application is: Approved ( ) Denied ( ) Per m i t. (j , eLP JOB , (If Assigned Yet) Conditions: Date Zoning Administrator CED/1-'87 OCT 11 '94 11: 34AM AGRICULTURAL II'lVE:3T P.2./2 John Hancock MutlJal Life Insua- Company e Bond & Corporate Finance Department Agribusiness Investment Group 200 Clarendon Street ~ 57th Floor Post Office Box 111 Boston. Massachusetts OZU7 (617) 572-5332 (617) 572-1165 Fax D<lvid E. Johnson Agribusiness Investment Officer October 11, 1994 Mr. Mark Lewis Chief Building Official P.O. Box 1115 LaPorte, TX 77572-111'5 RE: Amendment to the Special Conditional Use Permit for the Former leN Facility at 502 North Broadway, LaPorte, TX Dear Mr. Lewis: This letter shall serve as authorization for Colliers Appelt Womack to act as agent on our behalf in connection with the above-referenced subject. John Hancock Mutual Life Insurance Company is owner of the facility located at 502 North Broadway in LaPorte, and Colliers Appelt Womack represents us in the marketing or this property for sale and lease. Please let us know if you have any questions. Sincerely, ~J~2~M{~ David E. Joh on CC: G. Mabray, Colliers Appelt Womack R. Stevens . e 4910 ONE SHELL PLAZA HOUSTON,TEXAS77002 TEL 713-222-2111 FAX 713-222.1118 October 10, 1994 Mr. Mark Lewis Chief Building Official P.O. Box 1115 LaPorte, Texas 77572-1115 Re: Amendment to the Special Conditional Use Permit for the Former ICN Facility at 502 North Broadway Dear Mr. Lewis: The former ICN facility on North Broadway was foreclosed on by the real estate mortgage holders and is now owned by those lenders, John Hancock Insurance Company and Rabobank Nederland. Our firm represents the owners in the marketing of this property for sale and lease. The refrigerated/freezer warehouse portion of the facility has been leased to Associated Freezers Inc. Associated's lease did not include the area designated on the attached exhibit as the Truck Yard and Container Staging Area. As we discussed, ICN's plan envisioned a fully integrated business that included a trucking operation. It was that trucking operation that necessitated the need for a separate truck yard. However, that plan is contrary to the industry norm. Virtually all warehouse operators depend on unrelated carriers and do not attempt to maintain a fleet of their own. Therefore, our request for the Amendment to the Special Conditional Use Permit is to allow a lease of the area designated for truck operations to an outside operator. The proposed lessee already operates a facility approximately 500 yards from this location and, therefore, we would not expect any type of changes in the traffic patterns in the area. Additionally, should Associated or any other user of the warehouse facility find the need for additional truck area, there are several acres of land contiguous with the existing building designated as expansion area that could be utilized for that type of operation. Should you have any additional questions, please give us a call. Yours "truly, 1?~~- ~ Robe~arsley - ---- INDMOUAL MEMBERSHIPS SOCIETY OF 1NDU$llUAl AND OFFICE REAlTORS - APPELT, WOMACK, RICKS, HERDER & PARSLEY, INe. m sa;; INDUSTRIAL & COM_MERCIAL PROPERTIES . OFFICE LEASE . LA1"<D DEVELOPMENT . L"iVESTMENI COUNSELL'iG OwnerlMember COLLIERS International Property Consultants REALtOR e e 1(~itc4ifill\llt. Reauested For: 502 North Broadway, which is further described by the legal descriptions attached to and following this report. (See Exhibit A) Reauested Bv: Mr. Gary A Mabray, on behalf of John Hancock Mutual life Insurance Company, property owner. Zoning: Business Industrial; R-2, Mid Density Residential; PUD with an underlying Commercial Industrial land use base. (See Exhibit B) ,Puroose of Reauest: The facility located at 502 North Broadway is a freezer warehouse complex. The facility, which was developed as a Planned Unit Development, is operating under the provisions of Special Conditional Use Permit #SCU90-002 (see Exhibit C). The applicants are seeking to amend this permit. Backlrround: The facility in question consists of three basic components, a warehouse and office building, a trailer staging yard, and a stormwater detention facility. As noted in the caption section of this report, the site extends into three different zoning districts. Exhibit B illustrates the zoning boundaries. Exhibit D illustrates the facility's layout. The warehouse, loading docks and parking are located in the PUD and Business Industrial (BI) portions of the tract. The staging yard and Barbour's Cut access are located exclusively in BI zoning. The residentially zoned portion of the property is used as a stormwater ,detention facility. Originally, the area was also to include an employee's park. As of this date, it has not been - -~--- developed. Use of this section of property for detention and open space is compatible with the Comprehensive Plan's intent for residential land use. It was also felt by the City that maintaining residential zoning would maintain a buffer between the warehouse and residential properties located further to the east. The warehouse could not be expanded to the east without first obtaining a rezoning of additional property. For these e e Planning & Zoning Commission Meeting of 11/17/94 SCU94-004 Page 2 of 6 reasons, the residential designation was retained for this area. - It should be noted that maintenance of the detention facility will remaIn the responsibility of the property owners. Otherwise, stormwater detention will not enter as a factor in this request. At the time of construction the facility was owned and operated by International Cargo Network (TCN). ICN was both a warehousing and trucking company. The complex was intended to function as a single integrated business operation. ICN no longer owns or operates the complex. It is presently leased to a company that only operates the warehouse. The staging yard has remained idle and unused. The current owners propose to lease the staging area to a . shipping firm. This firm will continue to use the lot as a trailer chassis staging yard. It will operate as a separate business and will not be in any way connected with the operation of the freezer warehouse (see Exhibit D). As noted in the caption section of this report, the complex was developed and permitted as a Planned Unit Development. (PUD). It is operated under the terms of a Special Conditional Use (SCU) Permit that was granted prior to construction. In order to amend the original SCU permit, it is necessary for the applicants to come before the Planning and Zoning Commission and City Council and petition for a new SeD permit. Analvsis: Old Permit The analysis section of this report 'Will begin with an - overview of the original SCU permitting process. Staff _.......- has maintained a detailed file relating to the original development and permitting process. This file is available for review and will also be available at the Commission's November 17, meeting. Following the outline overview, points relevant to the current request will be discussed. 1. Applicants submitted a preliminary plan and e e Planning & Zoning Commission Meeting of 11/17/94 SCU94-004 Page 3 of 6 .~ petitioned for rezoning of certain properties from Residential to Industrial designation. II. Rezoning was granted reclassifying property from - -- Residential to Planned Unit Development. m. Land use component of the Comprehensive Plan was amended. A land use designation of Commercial/Industrial was assigned to the rezoned area. IV. Applicant's applied for a Special Conditional Use Permit for development of a PUD complex. In conjunction with the application, the following items were submitted. A General Plan B. Construction schedule C. Documentation regarding property controls. Staff has reviewed the applicant's request for permit amendment and found it to be compatible with the intent and goals of the original SCU permitting process. New Permit Staff has noted certain areas that either impact on the original SCD Permit or must be considered in their own right. They are as follows: . Interior circulation will be somewhat impacted but not to a degree to warrant concern. The ~ - -- ,- Barbour's Cut entrance will be under control of the new tenant and may not be available to traffic to and from the warehouse. The Broadway access is designed to accommodate warehouse traffic and should be adequate to meet the needs of warehouse traffic. Traffic impact on North Broadway should be negligible. The warehouse loading docks can accommodate 25 trailers simultaneously. The paved area e e Planning & Zoning Commission Meeting of 11/17/94 SCU94-004 Page 40f 6 adjacent to the docks are large enough to serve - ~ as a waiting area for additional trucks should the ~~ need arise. . Exhibit E indicates the location proposed for a new 12' x 24' building. This building will serve as the shipping company's on site office. The location complies with applicable setback requirements. Existing fire hydrants will provide adequate fire protection. Potable water and sanitary sewer are not readily available to this portion of the property. There are, however, City mains available in close enough proximity to be readily extended. The prospective tenant has been in communication with City staff. They understand and are willing to extend water and sewer mains in accordance ~ with City regulations. - - . The original SCU Permit called for a landscape buffer to be created and maintained along the east and south fences of the staging yard (see Exhibit E). Since being developed, the original plantings have been allowed to die. The buffer area now consists of weeds and scrub trees. This buffer should be mowed and replanted with a mix of evergreen and deciduous trees. Mowing and clean up should take place prior to occupancy. After clean up, SUTVlVlDg (and volunteer) trees should be inventoried. A ~- planting plan should then be developed and -. - - submitted for review by the Director of Planning. ~ Staff would ask that this be completed by January 1, 1995. Planting should then be completed by March 1, 1995. . At the time of original project development, a great emphasis was placed on landscaping and attractiveness of the site. With this in mind, staff would recommend that landscaping be placed e e Planning & Zoning Commission Meeting of 11/17/94 SCU94-004 Page 5 of 6 along the west face of the building to be located in the staging area. Plan submittal and planting - - - - should take place in accordance. Conclusion: In summary, staff finds the following: . The trailer staging area is not needed for operation of the freezer warehouse. . The operation of the yard by a separate company maintains the property use envisioned by the original SCU Permit. - . Operating the yard as a separate lease would not seriously disrupt interior traffic circulation, nor would it seriously impact traffic on surrounding streets. . Existing fire protection is adequate. Sanitary sewer and potable water is available in close enough proximity to be readily extended to serve the proposed office building. . The 12' x 24' office building can be located in a manner that satisfies zoning setback requirements. . Subject to replanting the landscape buffer and development of additional landscaping in the manner specified, the proposed business can operate in a manner that is compatible with the intent of the original SCU Permit. . It must be clearly understood that the property owner maintains full responsibility for maintenance of the -~ -- - - ~- . - - - storrnwater detention facility. Based on the facts and considerations noted above, staff recommends granting SCU94-004 as an amendment to Special Conditional Use Permit #SCU90-002 with the following Amendment Conditions: 1. The original landscape buffer being replanted. e e Planning & Zoning Commission Meeting of 11/17/94 SCU94-004 Page 6 of 6 2. Tbe development of a new landscape buffer along the west face of the proposed building to ------... be located in the staging area. Planting shall be , approved by the Director of Planning prior to occupancy. 3. The stormwater detention facility is made a part of this P.U.D, and the property owner shall be responsible for all maintenance of the facility. Staff would also ask that the Commission's recommendation clearly state that except as specifically amended, SCU90-002 remains in effect. - - - --. -. ---- - - ,,- ---------- -- e e SPECIAL CONDITIONAL USE PERMIT SCU90-002 LEGAL DESCRIPTION: INTERNATIONAL CARGO NETWORK 0;'--" __ - - LOT AND BLOCK DESCRIPTION Lots 1-32 and alleys of Blocks 416, 417, 418, 419, 432, 433, 434, 435; All of Block 980; Lots 1-16 of Blocks 415, 420, 438, Town of La Porte; Tyler street from the east right-of-way of North Broadway to the west line of the alley in Blocks 415 -- a-nd- A 2 0 ; Madison Street from the east right-of-way of North Broadway to the west line of the alley in Blocks 420 and 433; Iowa Street from the north right-of-way of Adams street to the south right-of-way of North "E" street; Kansas street from the north right-of-yay of Adams street to the south right-of-way of North "L" street; Utah street from the north right-of-way of Madison street to the south right-of-yay of North "E" street; - EXHIBIT A EXHISrr A. ~, -~. .- - --..- - u.:'~_w___. . _~."::--:~~_..~ .~:-.~~. ~.' ~ .,....:..~ . .., ., ---.;;. - . -- . .. -'- .._ :".~:::_:-':'...'- '_- .=-_7'"....::. -. -; -:-:. _". "- . . '. ,_..' ,-: ". . - '. . -. . .,"" 1. . ". :. . '\ " ,';:!' - . - :~ - '. ' H I... .m__.---", ~ '~"__'----"" . . - .'---. ' - '. ./ .'. -~.::-::.:;.::~~;'" ' _...._ __ u:... ,""_~..::"_I ~. -'- -----. .I' , - ... " ...-.-..--. -'.-:--.:':'=-.::'':'''_. -.----- ,~ " .' . - . . _. . r" -. .1, ., I" I.n ,..." -.'- " ,,' . LI .._ .'-.. ---"---'=~='.:.... ~~-- '--."T'-G' c......... .-....m'r'--.' ;--=.,~ :-" ,,"-= 1 \... " -.:., ......~..- ) .' ;/ .. . . '.{ . ..... ~.: .,_ ....~. . I, " ..I.. "._ - J 1 ,. 2:~ ..~ ~ ~ . ~.."f.-'.. 't. 'R~2 ,. - ~j :;1 I . . ~ ~ -. . -, ~ " . ~ ;.. S ':OJ .'!~ j " :1 1 :- .....,\. '!':~ -- . " ' .' ~1a.I ...... " ,. ..~ - ....-. .' 1. ~ f ; , "- ~ t I,-,~~~J ::-.:: " , \,...>,::," 1" <t. ) ~ ; .,R-I. : " ... . . )~, L'~M.~;<~.+- 4 ~ .. } ~ ~ ~ ~~ . ~ S (. (. i''''';-V .,' j f~~~',,- ~ ~ . . ,--~::~:~ \~ '~" ~ . J .: ~ ' 'i'<~1~~, ! !, J \/\c>:\,,~~~<--:':'~,~~~< \,,',",. "'\ , ,.,. .~.- .. - '~:i:,. ..~ /.\' R" 1 ~.- ;:,:.., - .' .. . _ ~.. '.'~. . _...r '> - I" '.... ". : ~'-:" ..,/0. ":, . " .... :- ... ~ . '. . 1 . .. .. ~ _,:,~__,..,..LL....l_ --, " " " '\/~ \~/ ",.:1 . \ R-I ; ..t.. -- . .._~--' j _.; \. ~ ! . ':' '" 1 .--:..-. , " :', ~ . '11'; "- ~ . . -" ." ~r .~-,;,:.J~~l= -_: "~. ~<;//\. ,",' . I '" .R-2 , '. ~. II : ; ~'. ! :! t IT B \ .' .. '=' I' ., 1 __~.J_.,"'.. u.;_ .._.~! EXHIB .,,~ . . . . i r~':- i. '- ~~; ~~: ~_,~. .. ... I~., - .::. . ~ - -- . - -- -. -- e e CITY OF LA PORTE SPECIAL CONDITIONAL USE PERMIT - - - Ordinance ft1501 ermit No. SCU90-002 CLP Job No. N/A - his permit issued to: Don R. Hollo'Wav O...ner or Agent 600 Jefferson st. Suite 555 Houston. Texas 77002 Address 'or Development of: International Caroo Net'Work Inc. ~-- Development Name - - 502 North Broad'Wav Address Leoal Description is attached as -" Exhibit A Legal Description ~oning: PUD: BI; R-2 PERMIT CONDITIONS :<'ailure to begin construction ...ithin one ( 1 ) year after issuance Jr as scheduled under the terms of a special conditional use ;>ermi t shall void the permit as approved, except upon an ~xtension of time granted after .application to the Planning and Zoning Commission. If' construction is terminated after the completion of any stage and there is ample evidence that further development is not ::ontemplated the ordinance establishing such special conditional llse permit may .be rescinded by the City Council, upon its o...n 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 ...hich is y.nd,~,--'l..e J..Qped . --- - ---- Additional Conditions (See Exhibit B) Validation Date: Zoning Administrator City Secretary r'f H' Fi f1? C c:...... i O'ir ~j . e e SPECIAL CONDITIONAL USE PERMIT SCU90-002 INTERNATIONAL CARGO NETWORK PERMIT CONDITIONS .~ - - - Th~ 13arbours Cut drive~ay entrance ~idth shall be a -- minimum of thirty (30 ) feet. I. A utility easement, t~enty (20 ) feet in width shall be dedicated to the City. The easement shall be located on th~, eastern edge of the North Broadway right-of-way and run from the property corner located at the intersection of North Broadway and the northern boundary of the East Adams Street right-of-way, north _(or a d i stance of 1,340 feet to the property corner located at North Broadway and the southern boundary of the North "E" Street right-of-way. An agreement dedicating this easement to the City of La Porte shall be executed prior to the issuance of any construction permits for this project. [I I . A landscaped setback area, at least thirty (30 ) feet in depth shall be developed along the southern and eastern faces of the container staging area. A landscape planting plan for this area . shall be submitted for review by the Director of Community Development. No construction permits for the project shall be issued until such time as the Director has deemed the plan to be satisfactory and granted his approval. -'- _. ~ - ---- ~ ~ -- EXt-HSrr C e e BARBOURS CUT DRIVE " ,\125~Fi~ , ;'l~~~ .;. }7l~~~~~~.;i }'""'-:V'~"'!.I:rf' c.., 1. .~,:-.',.:"~,iV:','li'~~, g I' : ~~f1;,.t"~,::'~ - .. "9...;.",.. ~ j -'::;""l."-s,;..~ t, -~ - - ~ - ---~ ~ I;,;' .1I'~~,~;:'~ " I' NORTH ~ ~:" 8' 6. {;> Il .t;.. -;.... !;; I:; .i1~,,'\;t&t. .: ~~W:dl~ I; 1I'-,:S:'!l:~~, \.1 ~~.. I ~ ". . .. .;.;>; . .' .'t~~._. ; V'~".;f.'~ ~~ 672 Ft. sbt~.; __ .,;.,..".~>:.t", U CONCRETE ; :t> Q n PARKIN~.n (LEASED AREA) ~ . n (/)0 ~ r) ~ :z; -! _~ CONCRETE f;;;;: ~ 8 0 ,.. r) PAVEMENT - Z " :<: ' ~. ~ Z rn t>J r) OJ ;.8: ~ 0 ~ :>: rn ...1 ~ ~~ Z o ~ q ~ .,... :<: - C) c;:l ;::c o - ""', ~~ . .- '-jic,--- ~ >- . .. ~,~~-:.,,)!.,~....-g47;:r.t',L""JI.,:~~<t;?-"fr"::"'.\I'~~:'-"~" .. .._.....,.....l~-..'":'I.:r.r.:1~'.. ... . .;\::'t~_ ___')..~"'U':I~.J;(~._.\;.~r..~ I ~ .,i:. .""............lli,~ IU.....'d. loLl I ", i.. "",'J.~I" ..I.. ,...olol. "". ~ ----- .- l.":."""'-" . tl'.J .~ n i~i\,H 1I~11 .1J - - - . .' . v ~ .. _ .. I \ I -- -- , '~I . \ \ LANDSCAPE BUFFER f~'rl I I 'I. t ~ I I I ,~ r - ~ I \ i I \ I I I I \ \ 1 I \ I I . I I I I I I - \ -1 I \ I I I I I I I I I -i I I I I I I. I I - I J I " ~ \ I , FUTURE I I , I I I I I I~I ~-I -)- 1--- - I ! .1 I ',-~ I I. - I~I ~ \J\ t ~ I I I I ~Ol I I I \ I j I . I \W\~! ~ I I L. . -l ' . I .'. . ... 1 ' ' . r., '"0 >\~"" ~ . , I' , ~ . . . ~ " . \' . I~ Ict ~ ~ ~ I I - . . I . 0 I 1 I I I It- IZI~~ 0' I ! I q . ~ I i I It- Q ?t>~ ~ ..... Cf)~ ~ <1". \ ! I \ I-I ~~.~. ~. , , I I ,~ , I 0, r'~ ~ I i i , I I(j) l<tl ~ G , I I 30 f- ! ! I 1 I ,W ~ ~ t:> 'J) . _ :~ ::::-, I I I I I :'n> r< i i I J I '~ ~ UJ' I I ~ ,~ \ ! I I I I' - I I . . I . ~ '\ r I I \ . . i I " I \ I -.--\ I I ~ I - ., I .... ., .. , I ~ IQ I i i, . . i I \ \ : \' I I I I I \ I - I~' i I I '" IS I I I 1 i I ~~ I I \ i r '. I ... I I I 0:: I !':\) V) 1 I : w I ; I i @ I "- I I~ I @ I @ ! @ I @ I - "- i i i) i c.: I :J I , ~ i I ~ I I , I I W ! CONTAINER N ; <l. --- -- <f I i u ! STAGING i VI I - -- 0 I I I I z , ..: , -' I i , I I , ! i I I i I 5 ! I I i I I ; I I , oJ: i i ! I i j ! L I I i I I i ! 15 ' S' 50' 50' se' 50' 50' 50' .. I ~O' I \ I , \ , ! 1 I I , , ~ I I ! i I I I i : J I i 1 I I I I I I , I I I l : ! I j I ~~ i 8~I'-'Ji-.I:7S1~'&ff"'"frll.~€oJl / . I i I -:----'-;-- 5 'err werr ~e. . I I ., .. . .Q. p D.' ,. .'0 ! I .... ';.. \ ~OL.F. WATI:R ENOA E.MENT \ \ ?flO"'\~ IE. ELE~TRIC SLIDING (~ Ii. . . .M '" AT R.R.CRO%lltG \' I \ F~ ,,,,. "" ~~ ~ l:.t LLLL : U V ci ~ . '~A 1\ \ LJd \ \ ~ 'jM,U,/I,e;;/J !\ 8 ::J.D' .J. Q> l I ,~'f;';.~~ \ \. ~'J r~;-~: , ...~/ _._.U~!I' t " 9,W/(IJ 8"TAPPING.~~~~ ''''._ /.:... / S1 "-;.- ". .-..~.,~~~ :,.~_.,:~}.;~~._, ...... . ............ ", ,...... .. .....~... .', .' '_n' _....-...... ._..~!.._.. .::,} . : .... .. ' ,', ;.:"l :: ~."~." . -: ,~.... ~ .....~ . -... .' -. .-- . ~.. ;;.,::.: .' . . ,".. . :.'.~: . ,~'..::.~.":i,;.~:F . . l-. .,. : . ., ,~-'... ... .~~. 't...:~':. EVHIB'f"{ E .:~ . . ,"--, -.. '7< .. .I..... e \i -., . : r , .. . " e CITY OF LA PORTE Permit No. SCU94-004 SPECIAL CONDITIONAL USE PERMIT CLP Job No. N/A ORDINANCE 1501 - - John Hancock Mutual Life Insurance Company: Owner This permit is issued to: Colliers. ADDelt. Womack: A!:!ent Owner or Agent 4910 One Shell Plaza. Houston. TX 77572 Address -- --.. For Development of: Freezer warehouseltrailer stacin2: vard (SIC 4226) - 'Development Name 502 North Broadwav Address -- Legal Description: See Exhibit A Zoning: Business Industrial/Planned Unit Develooment/R-2. - Mid Densitv Residential Permit Conditions Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. (1501, Section 10-201.4) If construction is terminated after the completion of any stage and there is evidence that further development is not contemplated the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon it's 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. ~c:. ___.;:__ _ _ Additional Conditions - See Exhibit B ~:/. Decembe~:p, 1994 ~,,~LJ 77 ~d~ Director of P.I~ning City Secretary e e Special Terms and _Conditions of Special Conditional Use Permit SCU94-004 -.... - ------- --. ~ ~ -. 1. --This permit is an amendment to Special Conditional Use Permit SCU90-002. Except as specifically amended herein, SCU90-002 remains in full effect and force. 2. This permit allows the staging yard and Barbour's Cut driveway entrance (as illustrated on Exhibit B-1) to be operated as a separate business enterprise. Business activity shall be limited to parking and staging of trailers and trailer chassis (SIC 4226). The yard and driveway are located on Blocks 432; 433; 980; a portion of Block 438; Town of La Porte and portions of the closed North Ohio, North Idaho, North Utah, and North "E" Street rights-of-way. 3. The landscape buffer located on the south and east faces of the staging yard shall be replanted. A planting and maintenance plan shall be submitted for review and approval of the City's Director of Planning by January 1, 1995. Replanting shall be completed by March 1, 1995. 4. The office building for the staging yard shall be located as illustrated on Exhibit B-2. Landscaping shall be planted along the west building face. A landscape plan shall --" -be-prepared and submitted for review and approval to the City's Director of Planning by January 1, 1995. Planting shall be completed by March 1, 1995. 5. The storm water detention facility (located on portions of Blocks 415; 416; 419; 420; Town of La Porte and portions of the closed North Kansas and East Tyler rights-of- way) is made part of this Planned Unit Development. The property owner shall retain responsibility for all maintenance and upkeep of the detention facility. ~ -~ - ~~ Exhibit B e e BARBOURS CUT DRIVE ~ :'.~r..;t.il~1 <: .," 'J;~i.~ ~ .i ~~ .. -- ... I. ''''~'-''~ ~ \; ;.;;:;.-; NORTH s: } ~i~~~~, .... I.. ,r;ff."'C\, 6. t.o ;."-'. "'" .. <: I!' .., t' n Ii i 672 Ft. U CONCRETE ,. n PARKIN~_D (LEASED AREA) () cnO -lZ CONCRETE ES ~ :e (') , PAVEMENT _ - ~ 0 , ~:: Z Z 1'>1 <: ..,.: :8. o C'T1 S:: (') '.'. CD , " ~ ~ i ~~~~ i [I ~ ~, m ~ :r: ':i~!.~ 0 I i~ ~ ~ ~ 5 -: ~ _...._~!tl2 :.,,_.~~~~~.$.-Ji~~~~ ;> ~~.iWJ'~7~t~ff~~~f.i-~ o li~II.,l.lj,I"".lllIlli"'I,1t ~.ILil~h.IJ;.=IIII.:iiIia:lIiIl.~ilIllll ~L IlliIJJ.JII.II"..".IWI,IU ~ "< , J EXHIBIT B-1 ~-- ..' .V~._. I I I '~I 'eAN""PE 'U~FER, , .,. , : I I Y. , i ~ \ 'I I '" I I ! II \ \ I i I - i I I i I I \ I I _ I I I I I I -J I I \ I I I I -i I I I I I 1 I I -_ I I I i FUT'URE ii' -I : I ~II I ! I I. '-~ j I ~ I t I ~. I lcol \\ __ I I I ~o i I . ,I I, I l \~I ~~ ~ g :i~ 'T \>" "f I :; II;II~: ~ ,... ! I Ii"" 0 ~~ ;;; ~ I I I (/)I).n...:\;. ,...: ; !: 'I- 10 t)~.~. I Ii; Iii ~o I ~ I~i ~ ~ J ~ ,I ! I I ; ~ ~, ; t:> < , i I I I I I ,I ; t\ ~ ~ w : .1 t '. ! i I ! I I~ ~ . I _ _ ' . 'I : I I [ I I ~ I .. II _. \ - - .. I' 1, I _._1 i I ~ I i I'.' i-I I I \ \ ~ i j I I I I I \ I~~ \ ~ : I I I Ii" 1 l~. . I 'I a: I 1 III I: ! _' !: ~ ' ~ I ~ ! @ I ; @ I @ I .: @ ~ I!~ ~ I 0.: j I a:l I I I I ~ I 1 w I , (OJ : I a. -.. CONTAINER -- -, I' ~ I I _ STAGING -- I I ~ I ' I I' ,I II ~ Ii: ! I ' i ,-' I ' i I 5 . : ! ill I i Ii. I : ' Ii' , I . I i I , ii, I I . ~C'" '0' '0' 50' .. I ~O' '5 5'\ 50' 50' J J ~ ; t ' I . I I \ I I I I I ' J ) \ I I i I I I I !: . I I . I I ~ } . .\ ,! I ! ! !. i : f ' ' , : i l , : . I I ,-'-- ' . ; I I: , (,0 ' I -"~ -8~1,-,~gS't:ff,-,J.~"'II;;;;;;-/ '. . l-.,~/ I' ]I~ I i II . '. S't>rr war~e_ . . -.'0 '. ~ i . . ~. p .1 . ..", TRUCK PARKING . I \; > I I. . - ZOL.F. WATER E.NOA E.l.lEHT I I Ell I '>',",':~,t.lj ~ ~;'I .' QIWl'll """'N6 v",:v;f t/ 'I .~.'-. .,........_-~:..~....::~;. ~ ..........". ,...... . .....-.....,....",... .-....,..-..,,-. ~. . T::~: · ~ t;, . _nO'_. EXHIBIT B-2 - " .'. ~':~..:: .. ~ I.' :, .--. ........- e CHECKLIST e PLANNED UNIT DEVELOPMENT CRITERIA Project # SCU94-004 YES" NO N/A 1. An application for a conditional use permit ( X ) ( ) ( ) has been fIled and processed based upon procedures established by Section 10-200 of this Ordinance. 2. An application for a Major Development ( X ) ( ) ( ) Site Plan, Minor Development Site Plan, or Preliminary Plat has been fIled and processed simultaneously with the Conditional Use Permit and shall be subject to the requirements of the La Porte Development Ordinance. 3. Submittal and filing of the major or minor ( X ) ( ) ( ) . development site plan or preliminary plat has been ill accordance with the requirements of the Development Ordinance of the City of La Porte, and shall contain (in addition to the requirements of said Development Ordinance) the following information: a) The entire outline, overall ( X ) ( ) ( ) dimensions and area of the tract described in the application. b) The use, zoning and ownership of ( X ) ( ) ( ) all adjacent properties within one hundred feet (100') of the tract boundaries including the location of all structures thereon and the right-of-way widths of all adjacent public roadways. c) The existing and proposed ( X ) ( ) ( ) topography of the tract with contour intervals not greater than one foot (1'). d) The ( location, general exterior ( X ) ( ) ( ) dimensions and approximate gross floor areas of all proposed buildings, or where appropriate, examples of housing units to be built on lots. '- e) The type of each use proposed to ( X ) ( ) ( ) occupy each building and the approximate amount of building floor area devoted to each separate use, if appropriate. e e f) The proposed location, (X) ( ) ( ) arrangement and number of automobile parking stalls, or appropriate examples for each housing type. g) The proposed location, (X) ( ) ( ) arrangement and general dimensions of all truck loading facilities, if appropriate. h) The location and dimensions of all (X) ( ) ( ) vehicular entrances, exits and driveways and their relationship to all existing or proposed district or development examples for each housing type. i) The location and dimensions of all (X) ( ) ( ) walls, fences, and plantings designed to screen the proposed district . or development from adjacent uses. j) The general drainage system. (X) ( ) ( ) k) Standards for exterior SignS, (X) ( ) ( ) architectural style, landscape concepts, and other variables which will be controlled in the design of buildings lD the development area. I) Proposed exterior architectural (X) ( ) ( ) elevations illustrating the basic design elements and material appearances. 4. The applicant has submitted a proposed (X) ( ) ( ) schedule of construction. (If the construction of the proposed Planned Unit Development is to be in stages, then the components contained in each stage must be clearly delineated.) In addition, the Developer or Subdivider must submit a General Plan in accordance vnth the requirements of the City of La Porte Development Ordinance. Said General Plan has been submitted orior to the submission of a Development Site Plan or Preliminary Plat, as the case may be. The development schedule indicates the approximate starting date and the approximate completion date of the complete Development Plan. 5. A draft of all proposed .d restrictions, (. ( ) (X) assessments, and covenants has been ftled clearly delineating responsibility for maintenance and control of public and private property, and common areas. 6. Review and evaluation criteria: a) Adequate property control is ( ) ( ) (X) provided to protect the individual owner's rights and property values and the public responsibility for maintenance and upkeep. b) The interior circulation plan plus ( X ).. ( ) ( ) access from and onto public right- of-way does not create congestion or dangers and is adequate for the safety of the project residents and general public. . . c) A sufficient amount of usable ( ) ( ) (X) open space is provided, in general conformance with the open space requirements outlined for each particular use classification in this Ordinance. d) That the arrangement of buildings, (X) ( ) ( ) structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses. e) Acoustical controls for interior (X) ( ) ( ) areas and facilities area at a minimum in compliance with the current standards of the Standard Building Code of the City of La Porte. t) The architectural design of. the (X) ( ) ( ) project is compatible with the surrounding area. g) The drainage and utility system (X) ( ) ( ) plans are submitted to the Director of Planning and the fmal drainage and utility plans shall be subject to his approval. h) The development schedule ensures (X) ( ) ( ) a logical development of the site which will protect the public interest and conserve the land. i) The development is in compliance (X) ( ) ( ) with the requirements of the La Porte Development Ordinance. j) Dwelling unit an.ccessory use ( . ( ) (X) requirements are m general compliance with the district provisions in which the development is planned. k) The provisions of Section 10-200 (X) ( ) ( ) of this ordinance are considered and satisfactorily met. 7. Property Controls: a) The property is m single (X) ( ) ( ) ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this Ordinance. b) Prior to the use or occupancy or ( ) ( ) (X) sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document has been filed with the City of La Porte; said filing with the City has been made prior to the ruing of said declaration or documents or plans with the recording officers of Harris County. c) The declaration of covenants, ( ) ( ) (X) conditions or restrictions or equivalent document specifies that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. d) The declaration of covenants, ( ) ( ) (X) conditions and restrictions provides that an owners' assoc. or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration. has been subject to the review and received approval by the City Attorney. - I 'I e e 8. Public Services: The proposed shall be ( X )..' ( ) ( ) served by the City water and sewer system and fire hydrants shall be installed at such locations as necessary to pr~vide fire protection. Proposed utility coimeCtions shall be subject to approval by the Director of Planning. 9. Building Height: Height limitations are the (X) ( ) ( ) same as imposed in the respective districts. 10. Roadways: Private roadways within the ( ) ( ) (X) project will have an improved surface to twenty four feet (24') or more in width and are so designed as to permit the City fire trucks to provide protection to each building. (No portion of this required . . twenty four foot (24') road system may be used ID calculating required off-street parking space or be used for parking.) COMMENTS: . Exceot as otherwise noted. all answers are based on a review of the original SCU submittals.. .. Interior circulation will be imoacted because of lease agreement. However, adequate truck and auto access will be available for both comoonents of the facility. No changes to the current gate/drivewav arrangement are nlanned. ... A new building is to be nlaced within the marshalling yard areas. Existing fire urotection is ade~uate. Water and sewer mains are located in close nroximitv to the nronosed building location. Lines can be readilv extended. ':MEEll.NG OF T.J::ili LA POR.J City Council RE~'l~t ( (Type of Meeting) HAS BEEN SCHEDULED FOR I g .~ .... PLANNING December 12. 1994 (Meeting Date) Suecial Conditional Use Pennit Reouest #SCU94-004 (Type of Request) I HAVE RECEIVED NOTICE OF 1.tlli ABOVE REFERENCED PUBLIC HEARING AND . IA1Y1 7~FAVOROFORIAM IN OPPOSITION OF GRMu.i.NG THIS REQUEST FOR T~ FOLLOWING REASONS: ( ,:.- - )Jt/hf flU 5 (Irk);: -r f: fI ()Q Tl1iN sI<(JiuRE. ' NAME (PLEASE PRINT)' - 1'0 cf WV /IJ/J/5T - HOME ADDRESS ( h .~f()q 7;;- IE;( . ) )5~/ . .-. -". '_".U . h - .. .. ~. .... . .~. - h. e e . A MEEl.l.N"G OF T.tlli LA PORTE City Council ( (Type of Meeting) RE!-'EP ED HAS BEEN SCHEDULED FOR JjC X, ,!... (?E.P,NNI G December U. 1994 (Meeting Date) Soecial Conditional Use Permit Reauest #SCU94-004 (Type of Request) I HAVE RECEIVED NOTICE OF TIlE ABOVE REFERENCED PUBLIC HEARING AND ~ IN FAVOR OF OR I AL\1 , . I AL"\1 IN OPPOSITION OF GRAAT.lNG TIllS REQUEST FOR THE FOLLOWING REASONS: ( ..-&-- .,;; ~~~ SIGNA EUGENIA ROSSI EST JAMES N MIGLIA VACCA 9639 BEVERL YHILL ST HOUSTON, TX 77063-3727 . ..- .-.. ..".- --. - .... ..~ '_'_U'__"_ -."-"~-' . AmEIING OF Ttl~ LA POR. City Council Re~~'lfl. (Type of Meeting) ( HAS BEEN SCHEDULED FOR ~" ~.. PLANNING December U. 1994 (Meeting Date) Special Conditional Use Pennit Reauest #SCU94-0Q4 (Type of Request) I HAVE RECEIVED NOTICE OF TIiE ABOVE REFERENCED PUBUC HEARING A1'ffi lAM ; / INFAVOROFORIAM IN OPPOSITION OF GRAATl.NG v THIS REQUEST FOR T.tlli FOLLOWING REASONS: C- .- ~. ~ d~A //7~ J9rv(JJ; ~tfr~ J- V t1GNArtJRE / /~ / NAME' (PLEASE PRINT) .?II 5. i/f? h HOl\1E ADDRESS C. ), g /?r -J--I' k ) -; )'7 f "-. ~ __.___.___n_r ___... ....___~,. .. _ _._..._._____~.. _____,.__n _. _ . __~._,_" -_.-- -. ----.---.....-.-.. .... . --------". --.-------. - ... .- ._~ . e e e . REOUEST FOR CITY COUNCIL AGENDA ITl!..lv1 Agenda Date Requested: December 12. 1994 Requested By: Louis Ri!!bv Department: Human Resources Report Resolution XXX Ordinance Exhibits: Ordinance SUMMMlY & RECOMMENDATION The Texas Municipal Retirement System (TMRS) Act allows member cities to adopt Updated Service Credits and Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both active employees and retirees who are currently receiving a monthly annuity from the System. In November of 1992, Council adopted an ordinance which accomplished this upgrade and asked that they be able to review these upgrades on an annual basis. By adopting the 100% Updated Service Credit effective January I, 1995, a member's retirement benefits will be recalculated based on the member's average monthly salary for the three year period of 1991, 1992, and 1993. The member's retirement benefits are "updated" based on the higher wages earned in recent years. Adoption of the ordinance also increases the monthly annuities being paid to its retirees. The increase that can be granted to retirees is calculated based on a maximum of 70 % of the change in the Consumer Price Index, less any previously granted increases. This ordinance is non-repeating and will be effective January 1, 1995. Any future updates will require adoption of a new ordinance. With the adoption of this ordinance, the City's contribution rate will be 9.62 % of gross salaries. Approval would increase the City's contribution by approximately $4,600 for 1995. Adopting this ordinance would allow the City to have 25 years in which to amortize the additional cost. Action Required by Council: Adoption of an ordinance authorizing Updated Service Credits and increased annuities for 1995. A vailability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Various Funds Available: X Yes No Aooroved for Citv Council Aeenda Q~ T. ~n l1..-i.-QL.\. Robert T. Herrera Date City Manager :~ e ORDINANCE NO. 1875 - B . ~ ( ... AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDAn~.u SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTE~ WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Section 1. Authorization of Uodated Service Credits~ (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) On the terms and conditions set out in Section 853.601 of said title, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. v (c) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by ~ of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. e . ORDINANCE NO. 1875 - -B PAGE 2 (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 4~ The City Council finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . Section 5" Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1995. PASSED AND APPROVED, this the 12th day of December, 1994. ~ CITY OF LA PORTE By4,(//t1&1/~ . . N~rrriafl L. Malone, Mayor A1S: _ ~ Sue Lenes City Secretary APPROVED: ~ &~zJ ~~"L;~ Knox W. . Askins City Attorney ! . . , . e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12. 1994 Requested By: Steohen L. Barr Department: Parks & Recreation Report Resolution XXX Ordinance Exhibits: 1. Ordinance No. 2. Recommendation Memorandum from Stephen Barr 3. Concession Agreement with Linda Darnell Witt SUMMARY & RECOMMENDATION The City of La Porte has negotiated an agreement with Linda Darnell Witt to operate a pier concession at the Sylvan Beach Fishing Pier. The City agrees to provide incidental equipment and any major repairs which should prove necessary. The Concessionaire agrees to operate the pier and to charge admission at a rate to be negotiated with the City, which will be comparable to those charged for other similar facilities in the area. The Concessionaire further agrees to make minor repairs and to keep the pier in a neat, clean and sanitary condition. Under the terms of this agreement, and the prior agreement with Harris County, the Concessionaire will receive 1/3 of the gross receipts of pier revenues. The City will receive 1/3 of the gross receipts, and Harris County will receive 1/3 of the gross receipts of the pier revenue after the initial receipts totaling $60,000.00 have been deposited into escrow for future repairs as is required by the agreement with Harris County. Harris County Commissioner'e Court gave it's approval for the proposed agreement at its December 6, 1994 meeting. The agreement is for a term of three (3) years, with an option to renew for two (2) additional one (1 ) year terms, unless terminated by either party. Staff recommends the approval of the agreement between the City of La Porte and Linda Darnell Witt for operation of the pier concession at Sylvan Beach Park. Action Required by Council: Approve the concession agreement between the City and Linda Darnell Witt for operation of the pier concession at Sylvan Beach Park. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Aooroved for Citv Council Aqenda ~~ \; ~ \ '2..,' "l - '\ Y Robert T. Herrera Date City Manager 12-08-94 08:53AM FROM HARRI~OUNTY PCT. 2 TO 4701361 . P002 ...... .... . ,. ~&7~ ~..-:::--:~, ADMINISTRA TION BUILDING COMMISIONER 1001 PRESTON, ROOM 950 HOUSTON. TEXAS 17002 (713) 755-6220 ,"";-1.-..;.:.:........;..:_- .- ~_......"~ December 8, 1994 Mr. Stephen L. Barr City of La Porte P. Q. Box 1115 La Porte, TX. 77572-1115 Dear Hr. Barr: Please be advised that the concession agreement between the City of La Porte and Linda Darnell Witt for the operation of the Sylvan Beach Pier was approved by Commissioners Court on December 6, 1994. If you should have any Questions, please don't hesitate to call me at 479-7770. Si cerely, ~ ,dlA~. '.. ouie Ditta Administrative Assistant LD/mb "S~ U ~UJr, jD~- DEe 8 '94 9:42 PAGE.002 . . ORDINANCE NO. 94- 2005 AN ORDINANCE APPROVING ,AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT, RELATING TO THE CONCESSION OPERATION OF SYLVAN BEACH PIER, INCLUDING PROVISIONS RELATING TO DIVISION AND PAYMENT OF GROSS RECEIPTS AND PIER REVENUES, REPAIRS, INSURANCE, AND INDEMNIFICATION; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, Texas Revised; 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 C;\WP50\ClP\SYL VAN.ORD . . ORDINANCE 94- 2005 Page 2 and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this the 1d.-tA day of D-ec e-m her ,1994. CITY OF LA PORTE BY:~.$~ orman L. Matone 1 Mayor AlTEST: ~:lJ Sue Lenes, City Secretary APPROVED: ..- . rmstro~g t City Att mey C:\WP50\ClP\SYL VAN.ORD I I I . . CITY OF LA PORTE ..................................................,........'.............--.-....'.,.... .......,..............."............... ............. ......................................... ....... -, .... ....... .--..............,............ .................................. ............................ ....... ........... December 5, 1994 TO: Robert T. Herrera, City Manager #'~ FROM: , Stephen L. Barr, Parks and Recreation Director ' SUBJECT: Agreement with Linda Darnell Witt - Concession Operation at Sylvan Beach Fishing Pier As per your request, I have reviewed the proposed agreement with Linda Darnell Witt in reference to the operation of the concession at the 1,100 foot Sylvan Beach Fishing Pier. The following is a brief summary of the agreement. The agreement is for a period of three (3) years begining upon execution of the document. There is provision for two (2), one (1) year extensions at the City's option. f..s discussed, provision has been made for Ms. Witt to deposit daily receipts into a City account with the City then remitting Ms. Witt's share of generated revenues to her on a monthly basis. Also, as discussed, provision has been made in the agreement to allow Ms. Witt to prorate her payments for state permits according to a schedule which allows him to pay more in her busy season and less during winter months. Ms. Witt agrees to manage and operate the pier, make minor repairs as needed. The City agrees to furnish incidental equipment and to make major repairs to the pier as necessary through use of the City/County escrow fund established by agreement with Harris County. Sale of alcohol on the pier is prohibited by the agreement. Ms. Witt is required to furnish liability insurance in the amount of $1,000,000.00 per occurrance, with the City and Harris County named as co- insured. Staff recommends the approval of the agreement between Linda Darnell Witt and the City of La Porte for the concession operation of the Sylvan Beach Fishing Pier. Should you have any questions or desire further information, please contact me. SB/pierwitt.mem xc: John Joerns, Assistant City Manager It . CONCESSION AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement, made and entered into by and between the City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire" . WITN~SS~IH WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier to be made available for the enjoyment and benefit of the public at Sylvan Beach Park, and WHEREAS, The Concessionaire has requested the City to use said pier for the purposes hereinabove described, to be used by the general public, and WHEREAS, The City desires to provide quality recreational opportunities for the general public, and desires to permit the Concessionaire to use the said pier according to the rules, covenants, and conditions hereinafter stated, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants and agreements to both parties, it is agreed as follows: I. Subject to the terms and provisions herein set forth, the City has granted and by these presents grants to the Concessionaire, for a term of three (3) years, beginning Januarv 3. 1995, and ending (unless sooner ended in accordance with the provisions hereof) Januarv 3. 1998, with an option for the City to renew ~or two (2) additional one (1) year terms, the right and privilege to operate the proposed 1, 1 00 foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described on Exhibit" A" attached hereto. C:\WPSOICLP\PIER_ 6ACR Concession Agreement. page 1 of 9 It e II. The Concessionaire and his employees shall operate the fishing pier concession in Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange or assignment of rights under this Agreement, either in whole or in part, without the prior written approval of the City Council of the City of La Porte. III. As consideration for this concession, the Concessionaire shall pay, without demand, a monthly concession fee in an amount equal to two-thirds (2/3) of the gross user fees collected for the use of the pier. Gross User fee is defined as the total gate receipts less any federal, state, and/or local taxes. The concession fee will be due and payable on or before the 10th day of each month for the preceding month's activity. The Concessionaire agrees to maintain documentation, on forms to be developed and provided by the City and adhere to guidelines established by the City, of daily use and payments received. The Concessionaire agrees to furnish to the City any and all reports which City may require covering all receipts and income of the concession, and agrees that her books and other records may be examined by the City or City Auditor or any other officer of the City at any reasonable time. The Concessionaire agrees to keep and maintain said records and books in La Porte. The Concessionaire may, on a daily basis, report and deposit with the City all admission revenues generated by the pier operation. The City shall remit to the Concessionaire the amount due to the Concessionaire pursuant to this agreement on a monthly basis. IV. The Concessionaire shall operate and manage the fishing pier. Admission rates will be set through negotiation with the City and shall be reasonable and equal to those charged by concessionaires in comparable facilities. The Concessionaire agrees to conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates, and prices at all times in a conspicuous place on the premises. V. During the term of this Agreement, Concessionaire's and City's obligations hereunder, in addition to others specified herein, shall be as follows: (a) The Concessionaire will abide by all applicable federal, state, and municipal laws, ordinances,. rules and regulations. Concessionaire must obtain, at her own expense, all licenses and permits required for the operation of said fishing pier and make the same accessible at all times to city, county, state, and federal officers. Concessionaire agrees to pay all federal and state permit and lease C:\ WP50\ClP\P1ER_6.AGR Concession Agreement, page 2 of 9 It e fees. The City agrees to pay required state permit and lease fees from the Concessionaire's share of collected receipts according to the following formula: 15% of total permit fee for each of the months of June, July, August, & September of each year of the agreement. 5% of total permit fee for each of the . months of October, November, December, January, February, March, April, & May of each year of the agreement. The payment schedule specified above shall begin in the month following the date this agreement is executed and continue until the agreement is terminated. (b) The Concessionaire will pay all applicable local, state, and federal taxes incident to the operation of said fishing pier. (c) The Concessionaire will place no vending machine in the area of the fishing pier without the prior written approval of the City Parks & Recreation Director or his designated representative. (d) The Concessionaire will abide by such opening and closing hours of the fishing pier as the Commissioners Court of Harris County and the City may, from time to time, prescribe and will post such hours of opening and closing at the fishing pier. (e) The Concessionaire agrees to open the pier to the public, at no charge, on the following dates: (a) Sylvan Beach Day; (b) Bay Day; and (c) three(3) other dates to be determined by the City and/or Harris County, and coordinated with the Concessionaire. (f) The Concessionaire will sell no beer, wine, liquor, or other such alcoholic beverages on the fishing pier. (9) The Concessionaire will keep the fishing pier and the entrance thereto in a neat, clean, and sanitary condition. (h) The Concessionaire will be responsible for all routine or minor maintenance of the pier. The City will be responsible for all major repairs to the pier. For purposes of this Agreement, a Major Repair shall be defined as: any purchase of materials and labor in excess of $200.00 for any particular event, including normal wear and tear, requiring repair of the pier. c:\ WP50\ClP\PIER_6.AGR Concession Agreement, page 3 of 9 e e (i) The Concessionaire will not permit on the pier, or in the immediate vicinity of the pier, any disorderly conduct or practice in violation of any federal, state, or municipal laws, rules, regulations, or ordinances; of a sort likely to bring discredit upon the City or its governing body. 0) The Concessionaire will treat the public with courtesy and respect at all times. Complaints will be investigated by the Parks & Recreation Director or his designated representative and, if found to be just, be resolved to the satisfaction of said Director. (k) The Concessionaire will neither place, nor cause to be placed, any sign, projection, advertisement, or device of any kind whatsoever on the fishing pier or on the streets adjacent thereto without prior written consent of the City. (I) The Concessionaire will be responsible for all costs and expenses incidental to operating the fishing pier. (m) The City will be responsible for providing utilities to the pier, at a time to be determined later. The City will be responsible for payment of water utility costs. The Concessionaire will be responsible for payment of electrical utility costs. (n) The City will be responsible for providing a kiosk for ticket sales at the entrance to the pier. Said kiosk shall be of a design mutually approved by the City and the Concessionaire. The Concessionaire will be responsible for maintenance and repair of said kiosk for the duration of this Agreement. The Concessionaire will be responsible for providing any barricades required to limit access to the pier and to direct patrons to the kiosk for ticket sales or other purpose. (0) The City will be responsible for providing trash receptacles for the pier and entrance to the pier; the Concessionaire will be responsible for providing plastic liners for the receptacles. (p) It is expressly the Concessionaire's responsibility and duty to remove and properly dispose of the trash and garbage resulting from the public use of the fishing pier and seeing to it that the same is put in suitable closed containers and is picked up and hauled away at least twice a. week. C:\ WP50\CLP\PIER_6.AGR Concession Agreement, page 4 of 9 It e VI. The Concessionaire shall permit the City's officers, employees, and agents to enter into and upon the fishing pier for the purpose of inspecting and examining the condition thereof. VII. The Concessionaire shall not by virtue hereof be deemed to have become a tenant of the City, nor to have been given or accorded as against the City the possession of any part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter therein solely for the purpose of exercising therein the rights and privileges hereby granted. VIII. The Concessionaire shall keep and maintain during the term hereof, a comprehensive general liability policy, with the City and Harris County named as additional insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined single limit bodily injury and property damage per occurrence. In addition, Concessionaire shall keep and maintain during the term hereof Worker's Compensation Insurance in accordance with statutory limits, with an insurance company licensed to do business within the State of Texas, and acceptable to the City and Harris County and under forms and policies satisfactory to the said City and Harris County. The Concessionaire shall annually furnish the City with a certificate of insurance evidencing such coverage. The City and Harris County are to receive at least thirty (30 days prior written notice of cancellation of said policies. Such insurance shall include contractual liability insuring the indemnity agreements contained herein. Failure to maintain insurance will result in automatic and immediate termination of this Agreement. IX. To the fullest extent permitted by applicable law, Concessionaire shall and does hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and Harris County, Texas, and their respective heirs, legal representatives, partners, agents, employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities and of any of their respective partners, (herein collectively called the "Indemnitees") from and against all claims, demands, damages, injuries, losses, liens, causes of action, suit, judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of any nature, kind or description (including without limitation, claims for injuries or death of any person, or damages to or loss of any property) of any person or entity (including but not limited to employees, agents, and subcontractors of Concessionaire, and their c:\ WP50\ClP\PIER_6.AGR Concession Agreement, page 5 of 9 It e dependents, and personal representatives, or other third parties), directly or indirectly arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the presence or activity of Concessionaire, its employees, agents, and representatives, (including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's premises, the adjoining land, or any of the driveways, streets, or alleys used in connection with the services of the Concessionaire, (c) the use of any equipment by Concessionaire on .Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or otherwise, or the condition of said equipment, or (d) any act or omission of Concessionaire, any Subcontractor, any of their respective employees, agents, servants, officers, directors, partners, or anyone directly or indirectly employed by Concessionaire or any Subcontractor, or anyone that either Concessionaire or any Subcontractor controls or exercises control over (herein collectively called the "Liabilities"). THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION SHALL APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR PASSIVE. Concessionaire shall promptly advise Indemnitees in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Concessionaire, at Concessionaire's expense, shall assume on behalf of Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Indemnitees; provided, however that Indemnitees shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event. of failure by the Concessionaire to fully perform in accordance with this Indemnification Agreement, Indemnitees, at its option, and without relieving Concessionaire of its obligations hereunder, may so perform but all costs and expenses so incurred by Indemnitees in that event shall be reimbursed by Concessionaire to Indemnitees, together with interest on the same from the date any such expense was paid by Indemnitees until reimbursed by Concessionaire, at the highest lawful rate of interest allowed under applicable usury laws of the State of Texas (or if no maximum rate is applicable, at the rate of ten percent (10%) per annum). This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, worker's compensation acts, disability benefit acts or other employee's benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity of enforceability of the indemnification obligation under this Section, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision in to conformity with the requirements of such limitations, and so modified, the indemnification shall continue in full force and effect. X. It is expressly understood and agreed that the City may terminate this Agreement without cause at any time by giving the Concessionaire at least ninety (90) days written C:\ WPSO\CLPlPlER_6.AGR Concession Agreement, page 6 of 9 e e notice of its intention to do so, specifying therein the effeCtive date of such termination. It is expressly agreed that the Concessionaire may terminate this Agreement prior to the expiration of the term set forth above without cause upon ninety (90) days written notice to the City. Notifications pertaining to any part of this Agreement shall be' made as follows: THE CITY: City of La Porte P.O. Box 1115 La Porte, Texas 77571-1115 Attention: City Manager's Office THE CONCESSIONAIRE: Ms. Linda Darnell Witt 723 South 4th Street La Porte, Texas 77571 HARRIS COUNTY: The Honorable Jim Fonteno, Commissioner, Precinct 2 Harris County Commissioner's Court 7330 Spencer Highway Pasadena, Texas 77505 XI. The Concessionaire shall not allow any liens or any other encumbrances to attach to the leased premises. XII. Whenever the terms of this Agreement conflict with the terms of the Agreement with the City and Harris County, Texas, dated Aori112. 1994 (attached hereto), amended and extended, the parties agree that the terms of the Harris County Agreement control, to the extent of such conflict only. Otherwise, this Agreement is to be construed in relationship with the Harris County Agreement insofar as possible. XIII. The provisions of this Agreement which assign certain rights to the City, shall be construed to also be shared by Harris County insomuch as they are in accordance with the terms of the Agreement between the City and Harris County, Texas, dated Aoril 12. 1994. The foregoing does not apply to Section X, which allows the City unilaterally to terminate this Agreement without cause, and also does not apply to Section III, which governs payment. The City's and Harris County's writes and obligations C:\ WP50\CLPlPIER_6.AGR Concession Agreement, page 7 of 9 e e regarding payment are more specifically set forth in the Agreement between the City and Harris County dated Aoril 12. 1994. XIV. This instrument contains the entire Agreement between the parties related to the rights herein granted and obligations herein assumed. Any oral or written representations or notifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies on this the /2+f<.- day of ~~ 1994 to become effective as provided above. "CITY" CITY OF LA PORTE . A municipal corporation BY: G{~ 1: ~ TITLE: C\~ Y'Y\~ '('" . ATTEST: ~, " f~/ - '-- CITY SECRETARY BY: 4rNC~ Linda Darnell Witt ~ TITLE: h/ )---;f.LA .J - -- i , , i Concession Agreement, page 8 of 9 e e CONCESSION AGREEMENT EXHIBIT "A" The t, 100 foot pier referred to in this agreement shall be the pier located on the following described premises situated in Harris County, Texas, to-wit: A 20 feet wide strip of land 10 feet on both sides of the herein described centerline out of the Sylvan Beach Park on Galveston Bay in the City of La Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County, Texas, and being more particularly described as follows: Beginning at a set P. K. Nail marking the intersection of the centerline of an existing wooden fishing pier and a wooden bulkhead. Thence, in a Northwesterly direction, along the centerline of said wooden fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the southeast side of an existing parking lot for the POINT OF TERMINUS. c:\ WP50\CLP\PIER_6.AGR ConcessIon Agreement, page 9 of 9 , . e LEASE AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRlS S TillS AGREEMENT made and entered into pursuant to V.T.C.A., Government Code S791.001 et seq. (the lnterlocal Cooperation Act) and V~T.C.A, Local Government Code S332.021, by and between the City of La Porte, a municipal corporation under the laws of the State of Texas, hereinafter referred to as "the City," and Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "the County;" WIT N E SSE T H: WHEREAS, it is to the mutual benefit of the City and the County to provide public parks for the residents of the City and the County; and WHEREAS, the City is willing to reconstruct, operate and maintain a public fishing pier, hereinafter called "pier," at Sylvan Beach Park, a Harris County Park, located in the City of La Porte; and WHEREAS, the County has provided to City the plans and specifications for the reconstruction of the pier with no representation or warranty as to the suitability of same; and WHEREAS, the City is willing to determine whether the reconstruction of the pier is subject to the requirements of 42 D.S.C. S12.101 et seq. (The Americans With Disabilities Act), V.A.C.S., Art. 9102, as amended, and other applicable laws; and WHEREAS, the City is willing to modify the plans and specifications to the extent required by applicable laws relating to the reconstruction of the pier; NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. Subject to the terms and provisions hereinafter set forth, County has rented and leased, and by these presents does rent and lease, unto the City, for the term of thirty-two (32) years, beginning April 1, 1994, and ending March 31, 2026, (unless sooner ended in accordance with the provisions hereof), the following described premises situated in Harris County, Texas, to- wit: A 20 feet wide strip of land 10 feet on both sides of the herein described centerline out of the Sylvan Beach Park on Galveston Bay in the City of La Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County, Texas, and being more particularly described as follows: Beginning at a set P.K. Nail marking the intersection of the centerline of an existing wooden fishing pier and a wooden bulkhead. ThenCe, in a Northwesterly direction, along the centerline of said wooden fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the Southeast side of an existing parking lot for the POINT OF TERMINUS; ~ , e . hereinafter called the "premises," together with the right to use, along with other users of Sylvan Beach Park, the parking lot adjoining the premises, and the rights of ingress and egress to Bayshore Drive. II. Within thirty days after the execution of this agreement, the City, at City's expense, shall modify the plans and specifications for the reconstruction of the pier to the extent required by applicable laws, and shall commence to obtain all necessary permits from the State of Texas, acting by and through the School Land Board and the Commissioner of the General Land Office, the U.S. Army Corp of Engineers, and any other state or federal regulatory agency having jurisdiction over the reconstruction and operation of the pier, and the City shall do any and all other things necessary or required for the reconstruction of the pier. This Agreement is subject to all of the requirements of the State of Texas, acting by and through the School Land Board and the Commissioner of the General Land Office, the U.S. Army Corp of Engineers, and any other state or federal regulatory agency having jurisdiction over the reconstruction and operation of the pier. Notwithstanding anything herein to the contrary, or that may be construed to the contrary, it is understood that the termination date of this Agreement shall be the date the City ceases to meet the requirements of the State of Texas, the U.S. Army Corp of Engineers, and any other state or federal regulatory agency having jurisdiction over the reconstruction and operation of the pier, or March 31, 2026, whichever is sooner. After the modification of the plans and specifications, obtaining of permits for the reconstruction of the pier and doing all things necessary or required for the reconstruction of the pier, the City shall notify the County of such fact, after which time the County shall furnish to City, at County's sole cost and expense, at the Sylvan Beach Park site, all of the materials required to re-build the pier, in accordance with the plans and specifications so modified. III. After receipt of the materials from the County pursuant to Paragraph II, the City shall commence to construct, or cause to be constructed, the pier in accordance with the plans and specifications provided by the County. City shall construct the improvements in a manner so as to be visible to operators of marine craft at all times, and not constitute a hazard to operators of marine craft. City shall begin making improvements to the pier within one year from the approval of this Agreement by the County's Commissioners Court. IV. (a) City will establish an escrow account, into which City shall deposit two thirds (2/3) of all gross receipts from patronsusing the pier. The purpose of this escrow account is to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in event of damage or destruction to the pier, either from natural or other causes, which repairs and restoration the City shall perform. City will continue to deposit, into the escrow account, two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account reaches a balance in an amount that produces buying power equivalent to $60,000.00 in the year 1993, said balance being hereinafter called lithe $60,000.00 equivalent." During the term of this Agreement, the $60,000.00 equivalent, as used herein, shall mean an amount that would produce buying power equivalent to $60,000.00 based on the change, if any, in the Houston, rexas, Average Consumer Price Index-All Urban Customers ("CPI-U"). The calculation of the increase, if any, is set forth in subparagraph (f) below. In the event the balance in the escrow account falls below the $60,000.00 equivalent, the City shall promptly commence depositing two thirds (2/3) of all gross receipts into said escrow account so as to increase the balance to the $60,000.00 equivalent. After the escrow account reaches a balance t'; 2 . e e of the $60,000.00 equivalent, the City shall pay to County one-third (113) of the gross receipts, as hereinafter defined. On or before the tenth (10th) day of January, April, July and October, during the term of this Agreement, the City shall compute and pay to the County, without demand, at the Office of the County Treasurer, the County's one-third (113) portion of the gross receipts which are not required to be deposited by City into the escrow account, covering the immediately preceding three month period. City shall accompany each payment with a sworn statement, certifying as true and correct, the amount of gross receipts collected pursuant to this Agreement for the immediately preceding three month period. (b) The terms "gross receipts II I as used herein, shall include all money, and the market value of all property and services received for entrance to or use of all or any part of the pier. The term "gross receipts" includes the receipts from all sales, leases and rentals of personal property of every kind and nature including, but not limited to, food, beverages, equipment, supplies and services, received on or at the premises and pier. The term "gross receipts" shall not include bona fide gifts and donations but shall include gifts and donations which are solicited and/or received upon any representation (express or implied) or pretext that the dono"r or some third party is or will be entitled to entrance to or use of all or any part of the pier. , (c) City shall maintain an accounting system and records, which will clearly and accurately reflect the collection of the gross receipts. (d) County shall have the right, at any reasonable time to be determined by the Harris County Auditor, to make periodic audits and inspections of the City I S records of the gross receipts collected pursuant to this agreement. (e) City shall operate and manage all concessions and collections of gross receipts on the pier, in accordance with Paragraph XII herein. The amount of the fee charged for admission on the pier shall not exceed $5.00 per person, unless the prior approval of the Commissioners Court of County is obtain~. All other fees, rates and prices charged shall be subject to the prior approval by the Commissioners Court of County. City shall post a schedule of such fees, rates and prices at all times in a conspicuous place on or near the pier. (t) On each anniversary date of this agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.00 by a fraction, the numerator of which is the CPI-U for the immediately preceding calendar year, and the denominator of which is the CPI-U for the year 1993. The resulting number shall be the $60,000.00 equivalent for the year commencing on said anniversary date. In the event the Consumer Price Index is discontinued, the Consumer Price Index shall thereafter mean such index of prices published by the U.S. Government as most nearly approximates the Consumer Price Index now published. For Illustrative Purposes Only: 1994 CPI-U = 121.5 represents a 6.2 % increase 1993 CPI-U = 114.4 Example: If the amount of the $60,000.00 equivalent is $60,000.00 and the increase required is 6.2 %, then the amount of escalation required would be $3,720.00 ($60,000.00 x 6.2% = $3,720.00), and the amount of the new $60,000.00 equivalent for the new year of the Agreement would be $63,720.00 ($60,000.00 + $3,720.00). 1~"" , . 3 .... . - - . e e V. On or before January 31 of each year during the term of this Agreement, the City shall furnish County with a detailed annual audit of the operation of the pier and premises, setting out the amount of gross receipts, the amount deposited in the escrow account, and the amount paid to the County, in a form approved by the Harris County Auditor, covering the previous calendar year or portion thereof. VI. During the term of this agreement, the City will maintain the premises and pier in good repair and will supply, at its sole expense, all labor, materials, supplies and equipment necessary for the operation of the pier and premises." Repairs, costing collectively up to and including $5,000.00 on an annual basis, may be made without the consent of the County, provided, however, City will furnish written documentation of said minor changes" to the County Engineer within thirty days after making such changes and repairs. Any repairs or improvements which collectively cost in excess of $5,000.00 annually will require prior approval by the County Commissioner of the precinct in which the park is located. City shall not make any additional improvement, additions or alterations to the pier or premises not provided for in Paragraph II above, without the prior written consent of County. In the event City desires to make any design changes, changes, additions or additional improvements to the premises or pier, City shall submit detailed plans and specifications for same, in advance, to the County Engineer for approval. VII. City will neither place, nor cause to be placed, any sign, projection; advertisement, or device of any kind whatsoever in said park or upon the sidewalks or streets within the park without the prior written consent of the Commissioners Court or the County Commissioner in whose precinct the park is located. City shall remove any and all said signs, projections, advertisements or devices within thirty (30) days after termination of this agreement, whether by expiration of the term or for any other reason. VIII. County shall have the right to enter upon the pier and premises at any time for the purpose of inspecting the pier, premises and improvements located thereDn to insure that City is properly maintaining same. IX. The County may lock the gates to Sylvan Beach Park at such times as the park is not open to the general public, and the City shall have no rights hereunder during such times that Sylvan Beach Park is closed to the general public. x. During the term of this agreement, City shall (a) pay all utilities on or for the pier and premises, and (b) provide police and fire protection at the pier and premises. XI. In its performance under this agreement, the City shall observe and comply with all applicable federal, state and local laws, rules and regulations. ,1 j 4 e e XII. City may enter into an agreement with a qualified and responsible person for the operation, management, and routine maintenance of the premises and pier. Any such agreement by City with such operator, shall be expressly subject to (1) the terms and provisions of this agreement and (2) the prior written approval of the Commissioners Court of the County. XIII. City will purchase and maintain during the term of this agreement a comprehensive general liability insurance policy to cover City and County for any liability in connection with the use of the premises with coverage in the amounts of not less than One Hundred Thousand Dollars ($100,000.00) for injuries or death to anyone person, not less than Three Hundred Thousand Dollars ($300,000.00). for injuries or death to more than one person in anyone accident or occurrence and not less than One Hundred Thousand Dollars ($100,000.00) for damage to or destruction of property in anyone accident or occurrence, or in the amounts of the County's maximum limitation of liability under the Texas Tort Claims Act, as amended. City shall furnish the County either the original policies or certificates that such insurance is in full force at all times during the term of this agreement. At all times.during which the balance of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of materials and labor to rebuild the pier in the event of damage or destruction of same, either from natural or other causes. XIV. City shall not allow any liens or any other encumbrances to attach to the premises. XV. In the event of damage or destruction of the pier and premises, whether partial or total, City may elect to restore the pier and premises, using the proceeds of the escrow account, plus other City funds as necessary, or City may elect to terminate the agreement, in which event City will pay to the County, out of the escrow account, an amount deemed sufficient by the Harris County Engineer to restore the pier, after which time the City shall refund one-half (1/2) of the remaining balance in the escrow account to the County pursuant to Paragraph XVI below. XVI. Either the City or County may terminate the term of this agreement, with or without cause, at any time, by giving to the other party hereto at least ninety (90) days advance written notice of its intention to do so, specifying therein the effective date of such termination. At the termination of this agreement, w~ether by lapse of time or under any of the conditions or provisions contained herein, the pier and all other improvements in the premises will become the property of the County, and City will (1) peaceably and quietly yield up and surrender the said premises and pier to the County, and (2) remit to the County, without demand, within thirty days of said termination, one-half (1/2) of the balance of funds in the escrow account, provided, however, if in the sole opinion of the Harris County Engineer, the pier is damaged or in need of repairs or restoration at the time of such termination, then and in that event, the City shall pay to the County, out of the escrow account, the amount deemed sufficient by the i "l i " ." '.~.-. , e e Harris County Engineer to restore the pier, after which time the City will refund one-half (1/2) of the remaining balance in the escrow account to the County. XVII. Any notice permitted or required by County to City may be given by depositing the same in the United States mail, registered, return receipt requested, with postage and registry fee prepaid, and addressed to City at the following address, to-wit: City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: City Manager Any notice permitted or required by City to County shall likewise be in writing and shall be delivered or deposited in the United States mail, registered, return receipt requested, with postage and registry fee prepaid, and addressed to the County at the following address, to-wit: Harris County Commissioners Court Harris County Administration Building 1001 Preston, 9th Floor Houston, Texas 77002 Attention: Clerk of Commissioners Court XVIII . County reserves the right to grant permits and easements across the premises for the purpose of providing utilities, provided, however, that such utilities do not unreasonably interfere with the City's use of the premises. XIX. The County has set aside the materials, contemplated for the construction of the pier, from its present inventory of materials, and the County does not contemplate incurring any further or additional expense for materials pursuant to this agreement. XX. In the event of the County's default hereunder, the sole remedy of the City shall be to terminate this Agreement. XXI. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing signed by all parties hereto. IN, TESTIMONY WHEREOF, this instrument has been executed 10 duplicate counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the County on the IJ-cfl. day of () A.J- , 1994, by the County Judge of Harris County, Texas, r ;" , e e pursuant to an Order of the Commissioner's Court of Harris County, Texas, sitting as the governing body of Harris County, authorizing such execution; and (b) It has been executed on behalf of the City on the 14th day of March , 1994, by its Mayor and attested by its City Secretary, pursuant to Ordinance of the City Council of the City of La Porte, authorizing such execution. A TIEST: CITY OF LA PORTE Lv 1 .~ ~ /:,/ i~ By: By/: f,/fJ?/?~'" (ll.? ~'!/ SUE LENES, City Secretary . NORMAN L. MA.LONE, Mayor COUNTERSIGNED: / / ../.." _.- By: . .....,? JEFF LITCHFIELD Director of Finance APPROVED AS TO FORM: HARRIS COUNTY MIKE DRISCOLL County Attorney L~ By: .~~BR~E~-" :r~ INDSAY, County Ju<;te Senior Assistant County Attorney Registered with me this day of , 1994. J. E. McCAIN Building Superintendent t"i d' ~ '............n.._... L~L '7 . . ORDER AUTHORIZING COUNTY JUDGE TO EXECUTE A LEASE AGREEMENT BETWEEN HARRlS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On. this, the Jd<t-.( day of elu~y- , 1994, the Commissioners Court of Harris County, Texas, sitting as the governing body of Harris County, Texas, upon motion of Commissioner ~-tL-~ , seconded by Commissioner ~ , duly put and carried; IT IS ORDERED that County Judge Jon Lindsay be, and he is hereby, authorized to execute a Lease Agreement between Harris County and the City of La Porte, for the construction, operation and maintenance of the fishing pier at the Sylvan Beach Park, upon the terms and conditions as provided for in this Lease Agreement, being hereby referred to and made a part hereof for all purposes as though fully set forth herein. PRESENTED TO Commissioners Court f):-i:r.: i:l.P F, 1 2. 1994 / :, -.,,"~ -'~--j70~'l~-'-:~,~fl--- ........,..:-.........; ".. -" ,-.-:.-::..... '..-- !': . . . . THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) I hereby certify that the attached and foregoing is a true and correct copy of Ordinance 94-1967, passed and approved by the City Council of the City of La Porte at the Regular Meeting of Council held March 14, 1994, at which meeting a majority of the City Council was present and voted in favor of the passage of said ordinance, and notice of which meeting was properly posted according to law, prior to the date of such meeting, as said minutes appears on record in the minutes of said meeting. To certify which, witness my hand and Seal of Office, this the 23rd day of February, 1994. S--R ~ 0 ~ Sue Lenes City Secretary " . . . . ORDINANCE NO. 94- 1967 AN ORDINANCE APPROVING AND AUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR A PUBLIC FISHING PIER AT SYLVAN BEACH PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and sUbj.ect of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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. '" . . . . . ORDINANCE NO. 94-1967 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of March, 1994. CITY OF LA PORTE 1 By: )!m}/?t~ ///7/4 .Norman L.'" Malone, I Mayor ATTEST: CS. ,., La ~ Sue Lenes, City Secretary APPROVED: 02;~ tC;p---z' It'nox W. Askins, \ City Attorney '" j... , ., . e t,. 1 ;~\-. 1.;:.<, ; TJ~ i'l} I~. w- I/ . ~f." ~... if j' I. l1' ;, r; I ! ! , ~ I J . .:f .;.; . ! c . . , ~. - j , e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12. 1994 Requested By: Steohen L. Barr Department: Parks & Recreation Report Resolution XXX Ordinance Exhibits: 1. Ordinance No. 2. Recommendation Memorandum from Stephen Barr 3. Ordinance Establishing Fees for Sylvan Beach Fishing Pier SUMMARY & RECOMMENDATION The City of La Porte has negotiated an agreement with Linda Darnell Witt to operate the pier concession at the Sylvan Beach Fishing Pier. In conjunction with that agreement, staff has researched the piers in the area and determined the admission fees charged at the various sites. The admission rates proposed in this ordinance compare favorably to those at other piers in the area. The proposed rates are: Adul t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 . 00 per day Senior Citizens (60 & over) ....... .$1.50 per day Youth (under 12) .................. .$1.50 per day Certified Disabled Person.. ....... .$1.50 per day, after the first twenty-five (25) persons. Our proposal is unique in that, if approved, the first 25 disabled persons each day will receive free entry to the pier. No one else in the area is specifically offering free fishing for disabled persons. Staff does not anticipate that there will generally be more than 25 disabled persons per day, but felt it necessary to impose a limit to prevent the potential for monopolization and to assure access by non- disabled persons. Staff does not believe that this provision will cause undue financial burden on the City, the County, or the Concessionaire, and will provide additional recreational opportunities and goodwill for the City. Staff recommends the approval of the ordinance setting the admission fees for the Sylvan Beach Fishing pier at Sylvan Beach Park. Action Required by Council: Approve the ordinance setting the admission fees for the Sylvan Beach Fishing Pier. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: Funds Available: YES NO Aooroved for Citv Council Aqenda ~~ T. ~ 1?--1 -qLf Robert T. Herrera Date City Manager . - ORDINANCE NO. 94---2006 AN ORDINANCE ESTABLISHING FEES FOR SYLVAN BEACH FISHING PIER; FINDING COMPLIANCE WITH THE OPEN MEETING LAW; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: The City Council for the City of La Porte, by this Ordinance, establishes fees for Sylvan Beach Fishing Pier. City Council has sought to establish fees which will amortize the initial costs to provide the facility, to increase use and access to the facility by all community groups. City Council hereby establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees, or deviations from this published schedule of fees, shall be allowed by City Council nor by City Administrative Staff. City Council will review the income and expenses of Sylvan Beach Fishing Pier, and will make appropriate adjustments to the fees as conditions warrant. SECTION 1. The Sylvan Beach Fishing Pier shall be open seven (7) days a week at a daily rate, as follows: Adults ............................................. $3.00 Senior Citizens (Over 60) ............................... $1.50 Youth (Under 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.50 Certified Disabled Person ............................... $1.50 Note: The first 25 disabled people will be admitted free of charge each day. To obtain free or discount rate, the disabled person must present the Texas Department of Transportation Disabled Person Placard. SECTION 2. The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which shall be promulgated by the Director of Parks and Recreation or his designee, with the approval of the City Manager. The City of La Porte reserves the right to refuse any person, firm, or group, for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. SECTION 3. The City of La Porte has entered into an agreement with Linda Darnell Witt, Concessionaire, who shall operate and manage the Sylvan Beach fishing pier and concessions in its entirety. SECTION 4. Neither the City of La Porte, nor the Concessionaire, shall make any charge for parking at Sylvan Beach Park. . . Page 2 Ordinance No. 94- 2006 SECTION 5. If arty section, sentence, phrase, clause or any part of any section, sentence, phrase Qr clause, of this Ordinance shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, senten~e, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof may be declared invalid. SECTION 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting,. as required by the Open Meeting Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the s~bject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 7. This Ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED this the 12th day of December, 1994. CITY ~ LA PORTE ' By: )/~1./hf'11~d, Norman Malone, Mayor Al-lbST: /~ ~ City Secretary APttv;/~ City Attorney . . CITY OF LA PORTE Dt._.:;~ber 1, 1994 TO: Robert T. Herrera, City Manager .i- . FROM: Stephen L. Barr, Parks and Recreation Director SUBJECT: Staff Summary and Recommendation of Ordinan e Establishing Sylvan Beach Fishing Pier Admission Rates I have gathered some information about surrounding piers in the area that may be of interest in our current effort to determine equitable admission rates for our "new pier", as follows: a Pine Gully Park - closest proximity to Sylvan Beach - rates are $2.00 per car, resident, $4.00 per car, non-residlfnt - gives access to picnic area, nature trails, pier and fishing rights . a Seawolf Park - located on Pelican Island, which is north of Galveston Island - rates are $3.00 for parking, $2.00 for adults, $1.00 for children - gives access to park, pier and "fishing where permitted", according to their sign. a Flagship Hotel - located on the seawall in Galveston - no daily rate (per sign); ostensibly for hotel guests only, though apparently not stringently enforced. a 61st Street Pier - also located on the seawall in Galveston - rates are $3.00 for adults, $1.50 for children and seniors - gives access to pier only. 0 91st Street Pier - also located on the seawall in Galveston - rates are $5.00 for adults, $2.50 for children and seniors - fee gives access to pier only. 0 The Galley - located just north of the Bay town Tunnel in Bay town - per sign, fishing is free from pier if bait purchased from their marina - currently, the pier is closed for the season. Based on the above observations, and several conversations with Mr. Witt, I am recommending that the the following rate structure be considered: ( 0 Adults $3.00 Children under 12 $1.50 Seniors 60 and over $1.50 Certified Disabled Person Free of Charge for first 25 each day. $1.50 for subsequent patrons , e pier rates, page 2 These rates compare favorably to the other sites described above. Because this is a joint venture with Harris County, I do not believe that a resident, non-resident rate is appropriate for our pier. Limited free use by Disabled Persons, if approved, would be a very good public relations tool (fishing is one of the few sport/pastimes that lends itself to mentally and physically challenged individuals), and apparently no one else is offering free fishing for the handicapped (except The Galley). I do believe it would be necessary to impose a limit of some kind. Free unlimited access by disabled persons could, at some point, have the potential for monopolization of available space by handicapped persons, thus not allowing others access to the pier. I do not believe that this proposal would cause an inordinate financial burden if implemented, based on the imposed limit of 25 individuals free each day; in fact we probably would never have more than 25 disabled persons per day at the pier. Another reason these prices were chosen is to simplify cash management procedures such as bookkeeping for the City, and changemaking for the Concessionaire. According to the Agreement, the revenues are to be split into equal thirds between the City, Harris County, and the Concessionaire. This price configuration accomplishes those targets and offers a fair and equitable return to the City on its investment toward recreational opportunities for its citizens as well. Staff recommends the approval of the Sylvan Beach Fishing Pier Admission Rates as proposed. Should you have any questions or desire further information, please contact me. SB/pieradfe. mem xc: John Joerns, Assistant City Manager . e I REO.~ "Q~. ~J.TY COUN~L AGENDA.- ITEM Agenda Date Requested: December 12. 1994 It Requested By: Sue Lenes ~ Department: Administration Report Resolution XX Ordinance Exhibits: 1.) Evaluation criteria 2.) MIS Evaluation of Software 3.) References of Offerors 4.) Proposer's List SUMMARY , RECOMMENDATION Sealed proposals for Recodification of Municipal Codes for the City of La Porte were opened on September 6, 1994. Proposal requests were mailed to four (4) publishing firms with three (3) returning proposals. After evaluating the submittals based on the criteria set forth in the request for proposals, staff recommends awarding the contract to Municipal Code corporation. Municipal Code Corporation's proposal of $11,015 is second to Book PUblishing's $10,495 and Amer ican Legal's $11, 765. Municipal Code's software wi 11 interface more easily with our current system, their code book is prOfessional in organization and appearance, they will assign an attorney to our project to assist with it completion, and they have provided two hundred nine (209) references in the State of Texas who are currently using their services. Municipal Code is also our current supplier. Twelve Thousand Dollars ($12,000) was allocated in this year's budget for this project. Action Required by council: Approve the execution of a contract with Municipal Code corporation for the Recodification of the Code of Ordinances for the city of La Porte. Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-600-600-602 Funds Available: XX YES __ NO ADDroved for citv Council Aaenda G~~;k 1-: llR~__ I '1..-1-Q ~ Robert T. Herrera DATE City Manager e e ORDINANCE NO. 94- 2007 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND MUNICIPAL CODE CORPORATION, TO REFORMAT, RECODIFY AND CONVERT THE CITY OF LA PORTE'S EXISTING MUNICIPAL CODE, AND TO PROVIDE HARD COpy AND COMPUTERIZED FORMAT VERSIONS; APPROPRIATING NOT TO EXCEED $11,015.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $11,015.00 from the General Fund Account #001 600 600 602 to fund said contract. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance ~nd 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. "./. .'.-1 e e ORDINANCE NO. 94- 2007 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of December, 1994. CITY OF LA PORTE By: /i~~, rman L.. MAId{), -, Mayor ATTEST: ~ :I~ Sue Lenes, City Secretary At;;;: :/ . t?# ~q;.J " Knox W. Asklns, City Attorney I I I t e e EVALUATION CRITERIA 1. OVERALL PRICE:. Book Publishina American Leaal MuniciDal Code CorD. $ 8,745.00 $ 8,345 $11,015 Based on 400 pages Based on 310 pages Based on 450 additional 17.50 @ each additional pages no additional 18.00 @ if more pages BASED ON 500 PAGES OF CODIFIED MATERIAL TBA FOLLOWING WILL BE ~aA ACTUAL COST PER INDIVIDUAL RESPONDER Book Publishinq American Leaal MuniciDal Code CorD. $10,495 $11,765 $11,015 2. SOFTWARE Book Publishina American Leaal MuniciDal Code CorD. Code Master Folio Socrates (See Attached Memo) 3. REFERENCE~ (See Attached) 4. ORGANIZATION OF CODE BOOK All three are professional in organization and appearance. Municipal Code and Book Publishing are more aesthetical in appearance. 5. DELIVERY Book Publishinq American Leaal Municioal Code Corn. 2 months preparation Deliver in 6 months Assign an Attorney of Ordinance Analysis after receipt of to work with the and Report --- material deemed city Attorney, Municipality must: necessary by pub- recodify 1970 Code, Review; hold editorial lisher to begin, 1 include subsequently conference W/BPC; copy of manuscript passed ordinances for amendatory action; - for examination. new Code-after proofs 3 months for BPC to Deliver to City are reviewed by city prepare manuscript- within 3 month of (45 days allotted) - Municipality must - receipt of 6 months after Review proofs - corrected manuscript receiving contract 1 month for BPC to Code will be and material (exclude deliver delivered time required by City) Code will be delivered ,;: CITY <lj LA POR.l.~ e Th'l'EK-OJr~It.;E MEMORANDUM 0 (, 0 0 To: John Joerns, Assistant City Manager -' , Louis Rigby, Director Admin. Services 11I~1I11111111111~:-=J.-"f -~ I Sue Lenes, city secretarY~ From: Larry Mabe, MIS Manager \ fv-f-. //~ =-;~m\ Managemenll'lformadon Services Date: November 16, 1994 subject: Review of Text Retrieval Applications for Code of Ordinances Several weeks ago I attended a demonstration of several software applications proposed for on-line retrieval of the Code of Ordinances text. Each satisfied the, basic function of searching the codes for sections that contain a match of "key words" entered by the user for viewing the selected sections, exporting them to WordPerfect, and printing them. Of the applications offered, I found two of them that were best suited for La Porte's current needs. These were "CODE Master," offered by Book Publishing Company, and "SOCRATES," offered by Municipal Code corporation. From the users standpoint, these two applications were easy to use and featured intuitive functions. The highlights of each of these are as follows; SOCRATES: This application is a scaled-down version of the ISYS software. It does not have the ability to make code amendments or to directly add new codes. The ISYS software would have to be purchased to provide full in-house maintenance of the codes. I feel that ISYS would be too complex for the average user doing research. Whenever code supplements are added to the La Porte's codes, Municipal Code Corporation's codification service ships the entire Code of Ordinances on disk. These would contain the new or modified codes as well and are already indexed. The only thing required of the user is to load the updated codes into the computer. SOCRATES is available in a network version, (three concurrent users is proposed). This will allow, as example, Administration and Code Enforcement research access of the codes without conflicts. The "synonym" search capability could be quite useful in locating codes that refer to a common subject such as animals but have statements containing other words such as PETS, REPTILE, MAMMAL, BEAST and LIVESTOCK. This software interfaces with WordPerfect to allow extraction and modification of sections for proposed code amendments. This software will allow the archiving of the old complete code each time a code update is received. This is useful in research of codes before they were amended or rescinded. . . CO,!)E Master: e e The CODE Master software is easy to use. The user, after using the proper password, has the ability to make code amendments or directly add new codes. No other software must to be purchased to provide full in-house maintenance of the codes. Whenever supplements are to be added to the La Porte's codes, The city could use Book Publishing company's codification service for updating the database and printed codes or do it in-house. CODE Master is available in a network version, (license is sold per user). Conformation, in writing, should be obtained that states the proposal provides for three users to have access to the codes concurrently. The software utilizes a text search approach and does not have to be indexed. This will result in a slower search time than the SOCRATES software using an index. This may not be an issue due to the smaller size of our Code of Ordinances. I did not see that CODE Master had a "synonym" search capability. This software had an excellent interface with WordPerfect. It was the primary method of extracting and making modification for code amendments. There is no indication that this software will allow the archiving of the old complete code each time an update is made. If the city would like the most accurately maintained database of the Code of Ordinances, I would recommend awarding the proposal made by Municipal Code Corporation. The initial cost may be more, but the staff would be assured that the code being viewed is the most current that has been codified. If it is the city's intention to do in-house updating of codes from the start, I would recommend Book Publishing company's proposal. The validity and accuracy of the codified text would then depend on the assigned user. The City in this case does have a choice of having them done professionally or in-house as I indicated above. These recommendations are made without any evaluation of the suitability or ability of either company to provide codification services for the city of La Porte. e e November 22, 1994 MUNICIPAL CODE CORPORATION City of Deer Park - city Secretary Sandra Watkins stated City of Deer Park has always received their supplements in a timely manner. MCC has fulfilled their contractual obligations as stated in their contract with Deer Park. She is very satisfied with their work. City of McAllen - City Secretary Leticia M. Vackek stated MCC was not their lowest bidder but McAllen decided to go with them because .__~they had the background and experience necessary to recodify the McAllen code book. Very happy with their work and McAllen uses ISYS. Very happy with Isys. She has system on network and finds it very beneficial. Sherman - City Secretary Helen J. Friend stated Sherman is very pleased with MCC. They have used them since the 70'S and recodified in 1991. MCC sent their Attorney to work directly with her and their city Attorney. Sherman does not used the computer system but they plan to do so in the future. - e CITY OF LA PORTE I7nHl AL0l INTEROFFICE MEMORANDUM SEP21199~ ll' SEPTEMBER 20, 1994 l.=:J \J~LJ LJ L:J (I:) .---------------------------- TO: SUE LENES, CITY SECRETARY FROM: SUSAN KELLEY, PURCHASING AGENT~ SUBJ: REFERENCES FOR RFP#0057 - RECODIFICATION OF MUNICIPAL CODE Per our conversation, I have contacted several of the references provided by American Legal and Book Publishing. Following is a brief summary of their comments. AMERICAN LEGAL REFERENCES Ci ty of Austin, Charles Brothers (legal) - has been satisfied with them, changed sonie of the specs while in process and American Legal made changes as necessary. City of Cleburn, Jeaqne Thompson (legal) - just received first draft, impressed with the editorial comments. Will be using Folio in . the future, excited about capabilities presented in demo. Enjoys working with Pat and other representatives. City of Dallas - Kelly Shurs (legal) - said American Legal did a great job, completed on time. Software works good. City of Greenville - Patti Merrell - very impressed, completed in timely manner, very happy with personnel. Not using software because of cost, however looking into it for future use. " City of Kermit - Wayne (City Mana,ger) - just received draft, but very happy. Impressed wi th' index, sirnpl~ ~nough to quickly find any code. ;-.1 BOOKPpBLISHING REFERENCES City of Grapevine- Jodi Bro~n - uses CodeMaster qnly.and loves it; very easy to use.' Puts all agenda items on WordPerfect~ then transfers what is needed to CodeMaster, which a:lJ,.ows her to type 'tp.ings once. . H~ " I. t : City of Santa Monica ~ Rita ~~as ~ot there dur.iu~ r.e~op~fication, but very . . . ,. . ~ impressed with CodeMaster. She said the code book is easy to read and the index is simple to use.. City of Gardenia, CA - May Doi - Book Publishing was very responsive to questions and needs. . CodeMaster easy to use. Very well satisfied overall. If you require more information, please do not hesitate to contac~.me. . e BIDDER'S LIST RFP #0057 - RECODIFICATION or MUNICIPAL CODE AME~ICAN LEGAL PUBLISHING CORP BOOK PUBLISHING COMPANY 432 WALNUT STREET 201 WESTLAKE AVENUE NORTH 12TH FLOOR SEATTLE, WA 98109-5293 CINCINNATI, OHIO 45202 CODED SYSTEM CORPORATION MUNICIPAL CODE CORPORATION 120 MAIN S'l;'REET 1700 CAPITAL CIRCLE, SW AVON, NJ 07717 TALLAHASSEE, FL 32304 CHAMBER OF COMMERCE BAYSHORE SUN PVBLISH DATES: P.O. BOX 996 AUGUST 21, 1994 L!\ PORTE, TX 77572-0996 AUGUST 28, 1994 ,. . . e e tUEST FOR CITY COUNCIL AGENDA ITE' Agenda Date Requested: December 12. 1994 Requested By: Charles Harrinaton C~~ Department: Plannina X Report Resolution X Ordinance Exhibits: 1. Memo Regarding Pier 2. Proposals for Work 3. Ordinance ""","1..1 1I,IIJ.1.1 11,.."",,,"",,,, 11111,,1 '"""'""11""""","""'''''''''''''''''''''''''''''''''''' ,,,,,,,,,,,,,,,,,,,,,,,,,,, """""'.,,,,,,,, """"""""1.111111"""'.,."," SUMMARY & RECOMMENDATION Summarv On September 12, 1994, City Council authorized a contract with Galveston Bay Land & Marine, Inc. for the reconstruction of the Sylvan Beach Pier. During the construction process, it was noted by staff that two sets of old pilings have been creating marine hazards in the area as well as detracting from the beauty of Galveston Bay. In addition, one set of pilings, which are below the water surface, will create an obstruction to individuals fishing from the new pier. As stated in the attached memo, the staff received a quote from the pier contractor for removing the pilings. The cost, as shown on the attached bid quotes, are in the amount of $10,000 for the pilings exposed to the north and $18,000 for the submerged pilings to the south. Due to the expense involved, the staff worked with Harris County to share 50- 50 in the cost of removing the pilings, reducing the cost to the City from $28,000 to $14,000. " , Recommendation Staff recommends that the Council authorize the City Manager to Issue a change order to the contract with Galveston Bay Land & Marine, Inc. In the amount of $28,000 for the ! .... ,.' '. ",. ,.., ., "'~""~~':'"'-." .'~ :e,."::,,,~ of:."} ;.ll'X-;' ~.~:7;-r"->,~' ~ removal of the abandoned pilings at Sylvan Beach. Fifty percent of the cost of the change order will be borne by Harris County. Action Required by Council: Approve ordinance authorizing the City Manager to execute a contract change order in the amount of $28,000 with Galveston Bay Land & Marine, Inc. for the removal of abandoned pilings at Sylvan Beach, fifty percent of which is to be paid by Harris County. Ava'i1abiHty'o""F'lJnds:' ", , ".. ~....I." d, ".". ..' ." " , , '"~ ",'" "," ,,,',, ,I, " .....1.'."..".""."......",,,,,,, - General Fund - Water/Wastewater - Capital Improvement - General Revenue Sharing X Other Account Number: 015-200-213-001 Funds Available: YES NO "'I II, " , . """" ,,,' """"''''''''''''.''''''.'''''"11'" ",' ,,"" ..." '" """ ,,,,,""",,..,, """"'.".."..,.,,,.... Aooroved for Cltv Council Aaenda Q~T, ~ n~'1-9Y Robert T. Herrera DATE City Manager e e ORDINANCE NO. 94- 2008 . AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF LA PORTE AND GALVESTON BAY LAND' MARINE, INC., FOR REMOVAL OF ABANDONED PILINGS AT SYLVAN BEACH; APPROPRIATING NOT TO EXCEED $14,000.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $14,000.00 from Fund No. 015-200-213-001 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Codej 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. e e ORDINANCE NO. 94- 2008 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of December, 1994. CITY OF LA PORTE By: ltnl?4~~1 N6tman . 1 ne, Mayor ATTEST: ~"'Q ~o/ Sue Lenes, City Secretary ~ stronq,~ ~~ City Att r :r.. . ~ e e ;:!;,..:;::::::;:;:;i;:;:;:;::;;::<!:;.::::.::j;,j.:!:,:i.::..:::;.:,:: :.......:.,.. .:: .>.::.:.. .: .:: (j~~"~.:..€JFf.;~:;~()~.:.:\:::.:.:;..::.;::>:<.::.:.:::::::::.::.:.: ,-:. ::::.:./j::;.:::i./...\:::::-::.....:.: ..:: :.::.:.:11\11. .I~..- TO: Robert T. Herrera, City Manager John Joerns, Assistant City Manager FROM: Charles Harrington, Director of Planning &/ SUBJECT: Sylvan Beach Pier As you may recall during previous conversations, my Department has been quite concerned about two sets of pilings in the immediate area of the rebuilt fishing pier at Sylvan Beach. On the north side, approximately 100 yards from the pier, is a set of pilings visible about four feet above water level. On the south side is a set of pilings, approximately 30 feet from the pier, and visible only during periods of low tide. Both sets of pilings are hazardous to marine traffic and the pilings on the south will hinder fishing from the new pier. In fact, during an inspection tour, Mr. McPhail observed a boat striking the pilings on the south side of the pier. In an effort to remove obstructions and enhance the visual appeal of the bayfront area, we asked for and received quotes from the pier contractor for removal of the offending pilings. I have attached both proposals for your perusal. As you can see, the cost for removing both sets of pilings is $28,000 (the pilings on the south side are $ 18,000, as they are completely submerged), an expensive undertaking for the City of La Porte. We have, however, been in contact with Harris County Precinct 2 on this problem and they have indicated a desire to participate 50-50 on this project. This reduces our share to only $14,000, which will greatly enhance our bayfront and remove two marine hazards. In order to pay for this proposal, I would suggest we consider using monies from the fund established by Mr. Berdon Lawrence's contribution for the bayfront This account has $136,938 currently, with $69,134 encumbered for the current pier reconstruction contract. This leaves a balance of $67,804, which is more than adequate for proposed piling removals. If this proposal is acceptable to you, please let me know as I would like to place a contract change order in the amount of $14,000 on the City Council Agenda for December 12. Thank: you for your consideration. ,',; ,-." "" ,',' ., . .." ,... ,', . . ,. '. . ,'. NOV 28 '94 08:57AM' 40941j6-3215 e P'.Vi GALVES'l'ON BAY . - I ,"'." Land&~_!.~e .: ,.. , .j'," ',''', . .,,".' " j. . . ~ ", .." J.~, ,.rJ~I:I:' . ;. "BI1~.! . SIDwell, TX 77661-0500 '!' ~Ii :"1illl i I [ : \i .~ ::'r,~ ::1 i, t ~'...~I r.t }" "'.,' . idi~~. ;.- ..;..... il'I;II:' 'Itv' i ,,'iji'ff~t.l.' , ,..~. '-"I . : ;:l?~;,.''': I , ~ :-:i~ . II') 1.. f ' . ~,~~', IJ;.. ~~; : FROM: DEWAYNE STRATTON: , ' .. , 32(,''7~ . GALVESTON BAY LAND & MARINE . _. .c.,... FAX :-'';'."#,71'j'':''4:'71:;'.716"8--'' .,,-':.'. ...~;;...' ."'''.'''' ._~ .,.,.;', ' . ...' .:,. ~ ,.,...;.,:........._" "" ............... - ,-...,. . ....., ""-"':.' ,....-.. 'J("'I'."- "7 ". . - . .... .-' ., -'''\t'' ~" . /Jt . .., ,'. .., TOTAL PAGES: 01 PRICE . . TO PULL PILING ONi.SOUTH SIDE OF FISHING PIER . ~lS, 000 ; .. \ l'HO~ (400) '252-."l215 . m:\) 6~ I I 12-02-94 04:22 PM e e P02 . " .. , . - NOV 09 194 la9=la6AM 4ag.-296-:3Z15 Fl. 1/1 - GAL VES~ON BAY " Land . Marine, Inc. '!' P.O. Box 500 StoweD, TX 17661..0500 .-......-..... .-." ..- . . ".,. . ",. .. .....-.. ._--..... u..., .. ~......_ TOt MIKE GREEte I . . ..' ~ ~ . , HARRIS .COUN'rY' '.' ". . ....: '.' '.' .' . -. . "'.':. '. . "--';"";"."" .......__~.._.I';~~....w~ " ..~;,~.....:.~...:.~,~~'.l!~. .~.......:~ '.<t>~:'~"'::":"':"';':~'~_'>-~:"k'~'< ,.:,:.:......~~::.:.;~~..~...:.e~.:-:..~~...:_:~~;.:.:..-ifij.;.:. '",-~"'l .;,:. ..l.~.~.......~c--....... ......J . . ..s....;.: f~O~ I" G~,L Y!:~TON 8A~ J,AND , MARINE ':'" "1-' ~ ' -) '-~J ANDY' THORNTON , :,-..'j' ,h . .. -- , . " FAX' 713 326-3804 ._-. - .. , . ... . ....... .... . .. . '., -.. . PULL ).PPROX~MATSLY 150 PILING FOR THE AMOUNT OF $lO~ 000: '. Jk.I~ ! : tkf, ,:" , - ~ ) r , ,. ~;~~fF~cLd4~ ~~{;I~ ':. .' .... ; T " ., . . e t REQUEST FOR CITY COUNCIL AGENDA ITEM e. e Agenda Date Requested: December 12. 1994 Requested By: Charles Harrinoton (!.I' /- Department: Plannino X Report Resolution X Ordinance Exhibits: 1. Letter of Transmittal and recommendation from the Planning and Zoning Commission. 2. Ordinance renaming a portion of West "MOl Street. ...,.,.....,.,...'.,.1.'..101.1.,'.'...'.,..........1...'.'.",..,.,..,......".,.., . ~.,,' " ......,..,.,...... .........".,,,..,.,", "...., I,.. '~".'I", .."...,.......,,'....,..1....... ..,,,...,..,,, ...., .... "." ""." ",....... . '...~"hhl. SUMMARY & RECOMMENDATION Summarv The Planning and Zoning Commission, at its November 17, 1994, meeting, made a recommendation to rename the four block section of West "M" Street that connects State Highway 146 and Little Cedar Bayou Park. "M" Street provides all vehicular access to the City's park. With completion of the street improvements currently underway, this access will be extended to Highway 146. For these reasons, it Is appropriate to give the street a name that ties it to the park thematically and identifies it as the entrance corridor. The Commission recommends changing the name to "Little Cedar Bayou Drive". An ordinance officially adopting the new name Is attached. /. Recommendation . Staff concurs with the Planning and Zoning Commission and recommends that the street name be changed to Little Cedar Bayou Drive. Action Required by Council: Consider approval of the attached ordinance. Avaliab'iIily"ot 'Fiirids:""N/A" . ................."... .....""....... ...................,.........................,...,........................ .... ..............,.,... . ..,..,.,...........,...... - General Fund - Water /Wastewater - Capital Improvement - General Revenue Sharing - Other Account Number: N/A Funds Available: YES NO ."._....""",,,.......................,,,'...,',',....0.',.""".",.",...',',""h"'"",.,,~,.hh""""'''',...'".."..,."...."',..,","....."",.', ",,,",,,,.,,,,,_,,,,,,,,,,.1','.."""""'.""""""',""",....""",..,.,."'.'.'"'."",,,,.., ,."",..""...",.,'."'.1..'.'"..........,.,.".,.,_'.'.", Aooroved for Citv Council Aaenda 6{~ I. ~ \ ~~I -tjl.{ Robert T. Herrera DATE City Manager ..... e e ORDINANCE NO. 94- 2009 AN ORDINANCE CHANGING THE NAME OF SOUTH M STREET TO LITTLE CEDAR BAYOU DRIVE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The name of South M street, from State Highway 146 to Little Cedar Bayou Park, is hereby changed to Little Cedar Bayou Drive, and said portion of said public street shall hereafter be known as Little Cedar Bayou Drive. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject " matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, ,this 12th day of December, 1994. c~ OF LA POR~ By: }r4JUdm#/; ~ rman L." Malone, Mayor ATTEST: ~ ~- Sue Lenes, City Secre ary OZ~ Knox w. Askins, City Attorney " ...... , e City of La Porte Established 1892 November 21, 1994 Mayor Norman Malone and City Council City of La Porte Re: Little Cedar Bayou Drive Dear Mayor Malone: The Planning and Zoning Commission, at its November 17, 1994, meeting, considered a recommendation to rename a section of West "M" Street. The four block section of "M" Street that is currently under construction will, when completed, connect Little Cedar Bayou Park to Highway 146. As this street is intended to provide access to the park complex, the name should have a thematic connection to the park. The name that has been recommended is "Little Cedar Bayou Drive". The La Porte Planning and Zoning Commission, by unanimous vote, has endorsed this choice of name. The Commission, therefore, recommends and requests that City Council officially rename the referenced portion of "M" Street to "Little Cedar Bayou Drive". Respectfully Submitted, ~cYtJ~ Betty . Waters Chairman, Planning and Zoning Commission. xc: Robert T. Herrera, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney La Porte Planning and Zoning Commission P.O. Box IllS -LaPorte, Texas 77572-1115 - (713) 471-5020 . e ~UEST FOR CITY COUNCIL AGENDA I~ AGENDA DATE December 12. 1994 REQUESTED BY Jeff Litchfield. Finance Director _ REPORT; RESOLUTION; ORDINANCE; XX OTHER - INTERLOCAL AGREEMENT The City of La Porte is currently a member of the TEXPOOL investment pool. In the past, this pool has performed very well for the City of La Porte, however, with the recent accelerated .increase in interest rates, the 90 day T-Bi11 rate has surpassed the TEXPOOL rate. A new pool was created in April of this year. The name of the pool is the Local Government Investment Cooperative (LOGIC) Fund. This pool is similar to the TEXPOOL fund in that it is very liquid. You are able to place deposit or withdraw funds on a daily basis. The investment characteristics of the pool differ from those of TEXPOOL. We have been watching the LOGIC Fund's performance for the last several months and believe it would be in the City's best interest to have the option to invest in the fund. We would continue to use TEXPOOL while adding LOGIC, thereby providing more diversification of our portfolio. Attached is graph that tracks the performance of TEXPOOL, LOGIC and the 90 day T-Bi1l rate for the last several months. Also attached is a copy of the Interloca1 Agreement. ACTION REQUIRED BY COUNCIL: Approve Interlocal Agreement for LOGIC fund. FUND N/A ACCT NUM: N/A FUNDS AVAILABLE: N/A APPROVED FOR CITY COUNCIL AGENDA Q~ T ~ J'Z-" 7-Ql.{ ROBERT T HERRERA, CITY MANAGER DATE . e e ,. - Local Government InveoLJUent Cooperative Resolution RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE "COOPERATIVE"), DESIGNATING THE BOARD OF DIRECTORS . OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTMENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS r WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Interlocal Act); WHEREAS, the Interlocal Act authorizes the contracting parties to any . interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code, WHEREAS, the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA"), authorizes the .entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment . pool, and the intends to become and remain an eligible public funds investment pool, under the terms and conditions set forth in PFIA; WHEREAS, City of La Porte (the "Government Entity")' desires to enter into that certain Interlocal Agreement (the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and to become a participant in a public funds investment pool created thereunder and under PFIA, to be known as Local Government Investment Cooperative (the "Cooperative"); WHEREAS, the Government Entity is a Government Entity as defined in the Agreement; and WHEREAS, the Government Entity desires to cause administration of the Cooperative to be performed by a board of directors (the "Board"), which shall be an administrative agency created under the Interlocal Act; and ~" -1- 270268.03 ..... ".'-."" . e e . WHEREAS, the Government Entity desires to designate the Board as its agency and instrumentality with authority to supervise perfonnance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative (defmed below) and receipt of the Government Entity's application to Join the Cooperative by the Administrator, the Government Entity shall become a Participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with its terms. 2. The Board is hereby designated as an agency and instrumentality of the Government Entity, and the Board shall have the authority to supervise perfonnance of the Agreement and the Cooperative, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the tenns of the Agreement. 3. The investment policies of the Cooperative, as set forth in the document entitled Investment Policies, as summarized in the Information Statement, and as may be amended from time to time by the Board, are hereby adopted as investment policies of the Government Entity with respect to money invested in the Cooperative, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Cooperative. 4. The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Cooperative and any other documents required to become a Participant; deposit money to and withdraw money from the Government..Entity's Cooperative account from time to time in accordance with the Agreement and the Information Statement; and take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity: f Litchfield Title: Director of Finance -2- 270268.03 t. - e ~ Signature: ~ ~L Printed Name: Cynthia B. Alexander Title: Assistant Finance Director Signature: l' vi /1', . Printed Name: R1Ck Overgaard Title: Cash Manaqer In accordance with Cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives, each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Cooperative assets representing funds of the Government Entity. Each depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the Government Entity for purposes of holding the share of Cooperative assets representing funds of the Government Entity. PASSED AND APPROYED this Jdd day of fd,~, 192( ATTEST: ~ /P/~ . By: ~~ By: If..4'?/(A - l S\..\. e... L -e I.J e s ~/"J S e.c..ef7 NO'r"W\I>r..] L. 1n;rlcJ Ne. (/}fh/nr Prj~~~~ name and'title Printed Name and Title ,,) - ..... -. SEAL ..- .' .- ..... . -3- 270268.03 .- - .... -... ,. "...... ., e . . \ Interlocal Agreement THIS INTERLOCAL AG REEMENT (together with any amendments and supplements, referred to as this "Agreement") dated as of April 4, 1994 is made and entered into by and among each of those government entities initially executing this Agreement and any other government entity that is eligible and becomes a party hereto (collectively, the "Participants"), WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the "Interlocal Act"), permits any "local government" to contract with one or more other "local governments" to perform "governmental functions and services," including investment of public funds (as such phrases are defined in the Act); WHEREAS, the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code; . WHEREAS, the Interlocal Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code, as amended (the "PFIA") authorizes the entities described in Subsection (a) of the PFIA to invest their funds in an eligible public funds investment pool; - . WHEREAS, each of the Participants qualifies as a government entity under this Agreement; WHEREAS, the Participants desire to establish and maintain a public funds investment pool for the purpose of pooling their local funds for joint investment in accordance with the Interlocal Act and PFIA and the terms hereof and providing assistance to each other on investment alternatives and on other issues of concern to the Participants; WHEREAS, the Participants desire that the public funds investment pool be entitled Local Government Investment Cooperative (the "Cooperative") and the Cooperative be managed and operated by a board of directors, which shall be an administrative agency created under the lnterlocal Act; WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Agreement, including the adoption of a resolution; -1- 270158.06 I .- e e . \. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the Participants mutually agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01. Definitions. Except as otherwise provided in this Agreement, the capitalized terms used herein shall have the following meanings unless the context otherwise requires: Account - any account established by a Participant. Additional Party Agreement - a document substantially in the form attached hereto as an Appendix which, when attached toa copy of this Agreement and executed by an Authorized Representative of a Government Entity, constitutes a valid and binding counterpart of this Agreement and results in the Government Entity becoming a party to this Agreement. Administrator - The Trust Company of Texas, or any other person, firm or organization approved by the Board and under contract to provide administrative assistance in connection with the management and operation of the Cooperative. Adviser - The registered investment advisor or advisers selected by or at . the direction of the Board to provide advic'e regarding investment of Cooperative assets pursuant to this Agreement and subject to applicable law. Authorized Investments - those investments which are authorized from time to time to be purchased, sold and invested in under PFIA or other applicable law and further defined in the Investment Policies. Authorized Representative- an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement, on behalf of a Government Entity or other person, firm or organization, as evidenced by a duly adopted resolution or bylaw of the governing body of such Government Entity or other person, firm or organization, a certified copy of which is on file with the Administrator. In the case of a Government Entity that is a combination of political subdivisions under the Act, the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Government Entities. Board - the governing body of the Cooperative, known as The Board of Directors of Local Government Investment Cooperative. Bylaws - with respect to the initial Participants, the proposed bylaws of the Board presented to them, and after creation of the Board, its bylaws, as the same may be amended from time to time, subject to the requirements of this Agreement. -2. 270158.06 e e \ Cooperative - the public funds investment cooperative created pursuant to this Agreement. Custodian - the person selected by or at the direction of the Board to have custody of all money, investments and other assets of the Cooperative pursuant to this Agreement and subject to applicable law. General Manager - Southwest Securities Group, Inc., or any other person, firm or organization which has contracted with the Board to provide general management services to the Board. Government Entity - a local government of the State of Texas, as defined in the Interlocal Act or a state agency, as defined in Section 771.002 of the Government Code, including but not limited to an incorporated city or town, a county, a public school district, a district or authority created under art. III, Section 52(b)(1) or (2) of the Texas Constitution, or art. XVI, Section 59 of the Texas Constitution, an institution of higher education as defined by Section 61.003 of the Education Code, a hospital district, or a fresh water supply district. Information Statement - the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Cooperative, as the same may be amended from time to time, subject to the requirements of this Agreement. Interloca1 Act - the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as the same may be amended from time to time. Investment Officer - one or more officers or employees of the Board designated as investment officers by the Board. Investment Policies - the written Investment Policies adopted and approved by the Board governing investment and management of Cooperative assets of different Portfolios, as the same may be amended from time to time, subject to the requirements of this Agreement. "Marketing Representative" - Broker Transaction Services, Inc. or any other person, firm or organization authorized by the Board to promote the Cooperative. Participants - the Government Entities that are the initial parties to this Agreement and the Government Entities which subsequently become parties to this Agreement. PFIA - the Public . Funds Investment Act, Chapter 2256, Texas Government Code, as the same may be amended from time to time. Portfolio - a portfolio of assets in the Cooperative which are held separate from other assets of the Cooperative and which are invested with a defined investment -3- 270158.06 .~. '. ........ ""'_'M'. e e . . \ objective which may be different from other Portfolios in the Cooperative, and in which a Participant may elect to invest its funds. State - the State of Texas. Units - equal proportionate units of undivided beneficial interest in the assets of the Cooperative or of any Portfolio of the Cooperative from time to time, including fractions of units as well as whole units. Section 1.02 General Rules of Construction. (a) Whenever in this Agreement the context requires: (1) a reference to the singular number shall include the plural and vice versa; and (2) a word denoting gender shall be construed to include the masculine, feminine, and neuter. (b) The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE II Creation of the Cooperative; Purpose and Objective Section 2.01. Creation of the Board. (a) The initial Part~cipants hereby agree to jointly invest their funds in a public funds investment pool, to be known as Local Government Investment Cooperative (the "Cooperative") and to create and establish a board of directors of the Cooperative (the "Board"), as an administrative agency pursuant to the Interlocal Act, to supervise the Cooperative. (b) The Participants delegate to the Cooperative through its Board, the authority to hold legal title to and manage all money, investments and other assets transferred to or acq~ired by the Cooperative pursuant to the Interlocal Act and this Agreement. (c) As an agency and instrumentality of the Participants, the Board shall have the authority to employ personnel, engage in other administrative activities and provide other administrative services necessary to accomplish the purpose of this Agreement. Section 2.02. Purpose and Objective. (a) The first purpose of the Cooperative is to provide Government Entities with a variety of investment vehicles to best suit their -4- 270158.06 e e \ investment needs, with each Portfolio tailored to meet a specific investment need. (b) The second purpose of the Cooperative is to provide Government Entities with a forum for discussion of, and to provide education concerning, investments and other issues of concern in public finance. In all cases, however, the Cooperative will have the following investment objectives in order of priority: safety of principal; liquidity in accordance with the operating requirements of the Participants; and the highest rate of return. (c) In order to accomplish the Cooperative's objective, each Participant agrees that the money transferred to a Portfolio within the Cooperative will be commingled with other money transferred to the Portfolio by other Participants for the purpose of making Authorized Investments, subject to the terms of this Agreement, the Investment Policies and applicable law, thereby taking advantage of investment opportunities and cost benefits available to larger investors. ARTICLE III Cooperative AdminiRtration Section 3.01. . The Board and the Bylaws (a) The business and affairs of the Cooperative shall be managed by the Board as governing body of the Cooperative. (b) The Board is authorized to adopt Bylaws which shall set forth, among other things, the initial Board members, the procedures governing the selection of the members of the Board, the procedure for holding meetings, the election of officers, and other matters necessary or desirable for governance by the Board, and the right of the Board, the General Manager, and other consultants to be indemnified for damages arising from their actions in connection with the Cooperative. By executing this Agreement, the Participant consents to the Bylaws. By maintaining funds in the Cooperative after any amendment to the Bylaws becomes effective, the Participant consents to the Bylaws, as amended. The Board has the right to amend' any term or provision of the Bylaws, provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, is a material change to the Bylaws. I I I -5- 270158.06 e e \ Section 3.02. Powers and Duties of the Board. (a) Subject to applicable law and the terms of this Agreement, the Board shall have full and complete power to take all actions, do all things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective, interests and purposes of the Cooperative to the same extent as if the Board was the sole and absolute owner of the Cooperative. (b) The Board shall adopt and maintain Investment Policies, consistent with the general objective of the Cooperative, which shall provide more detailed guidelines for investment and management of Cooperative assets. By executing this Agreement, the initial Participants consent to the proposed Investment Policies, and the subsequent Participants consent to the Investment Policies then in effect. By maintaining funds in the Cooperative after any amendment to the Investment Policies becomes effective, the Participant has consented to the Investment Policies, as amended. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Investment Policies, provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Cooperative. (c) The Board shall adopt and maintain Operating Procedures, which shall provide more detailed information on the procedures' for depositing and withdrawing funds from the Cooperative. By executing this Agreement, the initial Participants consent to the proposed Operating Procedures, and the subsequent Participants consent to the Operating Procedures then in effect. By maintaining funds in the Cooperative after any amendment to the Operating Procedures becomes effective, the Participant has consented to the Operating Procedures, as amended. The Board shall, subject to the terms of this Agreement, have the authority to amend any term or provision of the Operating Procedures provided that notice is sent to each Participant at least 30 days prior to the effective date of any change which, in the opinion of the Board, will have a material effect on such Participant's investment in the Cooperative~ (d) The Board shall designate one or more Investment Officers for the Cooperative who shall be responsible for the investment of Cooperative assets, provided that no person who is an officer or employee of a regional planning commission, council of governments or similar regional planning agency created pursuant -6- 270158.06 --- e e \ to Chapter 391 of the Government Entity Code of the State shall be eligible to serve as an Investment Officer. (e) The Board shall prepare, or direct the preparation of an Information Statement that describes how the Cooperative will operate in accordance with the terms of this Agreement and the Investment Policies. Subject to the terms of this Agreement and the Investment Policies, the Information Statement may be amended or supplemented, notice of which will be provided to Participants in accordance with the disclosure requirements of PFIA. ([) The Board shall, subject to the limitations established in the Investment Policies, have full and complete power and authority to appoint a general manager and any other service providers deemed necessary or helpful in the operation of the Cooperative. (g) The Board shall provide, through peer review, seminars, computer mail systems, or other means, information and educational opportunities to Participants on investing and on other issues in the area of public finance. (h) The Board shall have full and complete power to use, or direct the use of, Cooperative assets for the following purposes: (1) incur and pay any expenses which, in its opinion, are necessary or incidental to or proper for carrying out any of the purposes of this Agreement; (2) reimburse others for the payment thereof; (3) pay appropriate compensation or fees to persons with whom the' Cooperative has contracted or transacted business; and (4) charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. (i) The Board shall have full power to compromise, arbitrate, or otherwise adjust claims in favor of or against the Cooperative. (j) The Board shall cause financial statements to be prepared and maintained for the Cooperative and for such statements to be audited annually by an independent certified public accounting firm. (k) The Board may appoint a General Manager to perform managerial services for the Cooperative, provided that the Board shall continue to oversee the operation and management of the Cooperative and shall have the authority to direct the General Manager to take or not take specific action oil behalf of the Cooperative. -7- 270158.06 . .-. ._.. ....... . e \ (1) The enumeration of any specific power or authority herein shall not be construed as limiting the general power and authority of the Board over the Cooperativ~. Section 3.03. Liability. . (a) NeIther the Board, the Investment Officers, nor any officers, employees or board members of any of the forgoing shall be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless caused by such person's willful misconduct. The Cooperative shall indemnify and hold harmless (either directly or through insurance) any person referred to in this Section, to,the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the litigation, claim or other proceeding resulted from the willful misconduct of such person. (b) Neither the General Manager, the Marketing Representative, the Administrator, the Adviser, the Subadviser, the Custodian, nor their affiliates, officers, employees or board members shall be held liable for any action or omission to act on behalf of the Cooperative or the Participants unless such person failed to meet the standard of care required under its agreement relating to the Cooperative or acted with willful misconduct. The Cooperative shall indemnify and hold harmless (either directly or through insurance) any person referred to in this Section, to the extent permitted by law, for any and all litigation, claims or other proceedings, including but not limited to reasonable attorney fees, costs, judgments, settlement payments and penalties arising out of the management and operation of the Cooperative, unless the litigation, claim, or other proceeding is adjudicated to have resulted from such person's failure to meet the standard of care required under its agreement relating to the Cooperative or its willful misconduct. (c) The indemnification provisions are described in more detail in the Bylaws. ARTICLE IV Participation in the Cooperative Section 4.01. Eligibility. In order for a Government Entity to become a Participant and transfer money into the Cooperative, each of the following conditions must be satisfied: -8- 270158.06 . . e . \ (a) The Government Entity must adopt a resolution (1) authorizing it to become a Participant and approving this Agreement, (2) establishing the Board as an agency and instrumentality of the Participant to supervise the Cooperative, (3) approving the investment policies of the Cooperative (as amended from time to time by the Board) and directing that any conflicting local investment policies shall not apply to Cooperative investments of the Participant, (4) designating Authorized Representatives of the Participant, (5) designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Cooperative assets representing local funds of the Participant, and (6) designating the depository and custodian appointed from time to time by the Board as the Government Entity's depository and custodian for purposes of holding the share of Cooperative assets representing funds of the Government Entity; and (b) The Government Entity must become a party to this Agreement by executing an Additional Party Agreement and delivering the same to the Cooperative, together with a certified copy of the resolution referred to in subsection (a) of this Section, an ap'plication in form and substance satisfactory to the Board, and such other information as may be required by the Board. (c) No entity except a Government Entity may be a Participant. The Board shall have sole. discretion to determine whether a Government Entity is eligible under Texas law to be a Participant and to designate categories of Government Entities eligible to be Participants in any Portfolio of the Cooperative. Section 4.02. Participant Accounts. . (a) While available local funds of Participants may be commingled for purposes of common investment and operational efficiency, one or more separate Accounts for each Participant in each Portfolio in the Cooperative designated by the Participant will be established in accordance with the Participant's application to join the Cooperative and maintained by the Cooperative. (b) Each Participant shall own an undivided beneficial interest in the assets in the Portfolios in which it invests, calculated as described in the Investment Policies. (c) The Participant agrees that all Cooperative fees shall be directly and automatically assessed and charged against the Participant's Account. The basic services fee shall be calculated as a reduction in the daily income earned and only the net income shall be -9. 270158.06 ~ - - . \ credited to the Participant's Account. Fees for special services shall be charged to each Participant's Account as they are incurred or performed. Use of Cooperative assets for fees shall be made from current revenues available to the Participant. Section 4.03. Reports. The Cooperative shall submit a written report a least once per month to each Participant. Such report will indicate: (1) the balance in each Account of a Participant as of the date of such report, (2) yield information, (3) all account activity since the previous report, and (4) other information required by PFIA. Section 4.04. Termination. (a) A Participant may withdraw all funds from an Account in accordance with the Investment Policies and Operating Procedures. A Participant may cease to be a Participant under this Agreement, with or without cause, by providing written notice to the Cooperative at least 10 days prior to such termination. (b) The Board may terminate a Participant's participation in this Agreement upon at least 30 days notice if Texas law changes so that such Participant is no longer entitled to join in an eligible public funds investment pool under PFIA, the Interlocal Act, or other applicable law. (c) Upon the vote of a majority of its full membership, the Board may order the termination of this Agreement by directing that all outstanding operating expenses of the Cooperative be paid and remaining assets of the Cooperative be distributed to Participants in accordance with their respective pro rata interests. ARTICLE V Cooperative Assets Section 5.01. Cooperative Investments. Cooperative assets shall be invested and reinvested by the Cooperative only in Authorized Investments in accordance with the Investment Policies. Section 5.02. Custody. All money, investments and assets of the Cooperative shall be held in the possession of the Custodian. -10- 270158.06 e . . \ ARTICLE VI Miscellaneous Section 6.01. Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions contained herein or render the same invalid, inoperative or unenforceable to any extent whatsoever. (b) Any participation in this Agreement or transfer of assets to the Cooperative that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Cooperative. Section 6.02. Limitation of Rights. This Agreement does not create any right, title or interest for any person other than the Participants and any person who has a contract to provide services to the Cooperative, and nothing in or to be implied from this Agreement is intended, or shall be construed to give any other person any legal or equitable right, remedy or claim under this Agreement. Section 6.03. Execution of Counterparts. This Agreement may be. executed in several separate counterparts, including by Additional Party Agreement, each of which shall be an original and all of which shall constitute one and the same instrument. Section 6.04. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 6.05. T,c,ull. This Agreement shall have an initial term beginning with the effective date set forth below and ending March 31, 1995 and shall be automatically renewed for one year on such date and each anniversary of such date, except with respect to any Government Entity that may have terminated itself as a Participant or as otherwise provided in Section4.05. Section 6.06. Notices. Any notices or other information required or permitted to be given hereunder shall be sent: (a) to the Cooperative as set forth in the Information Statement, and (b) to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.07. Entire Agreement; Amendments. This Agreement represents the entire agreeIIlent and understanding of the Participants. This Agreement may be amended with the approval of a majority of the full membership of the Board, provided that notice of any such amendment is sent to ~ll Participants at least 60 days prior to the effective date thereof. -11- 270158.06 ...... .- . -- . . \, IN WITNESS WHEREOF the initial parties hereto have caused this Agreement to be executed. Fort Bend County Name of Government Entity By: Isl Kathv Hvnson Authorized Representative Kathv Hvnson. County Treasurer Printed Name and Title City of Wichita Falls. Texas Name of Government Entity By: Isl Jim Berzina Authorized Representative Jim Berzina. City Manae'er Printed Name and Title . Additional Participant: . \ Name of Government Entity By: Authorized Representative - Printed Name and Title -12- 270158.06 " e r e \ Additional Party Agreement The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Agreement to which this page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. Executed this I~ day of l)eee",,'b Q..( , 19:1:t City of La Porte Name of Government Entity By:' ~ UOrized Representative Jeff Litchfield/ Director of Finance Printed Name and Title ACCEt- 1 Jill: Local Government Investment Cooperative By: LOGIC Administrator Printed Name and Title -13- 270158.06 .....~.. - . =OGC VS TEX-:)OO= and T = 81 LL YIELD 6.25% 6% -................................. ......................................................................... e 5.75% -............... ...... ......... ........ ........ .............. 5.5% -........................... .......... .. ................... 5.25% -............................ ................ ............... ..... 5 % -.... ............................. ... ....... . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . 4.75% -.... ........... 4.5% -. 4.25% - ..... ......................... ......................... .......... .................................... ,., 4 % .~... ..... .................. ......... ....... ....................... .......... ........ ...... .... ...... ......... ........ 3.75% I I I I I I I I I I I I I I I I I I I I I I I I I I I I I e\ 5/9 6/6 7/5 8/1 8/29 9/26 10/24 11/21 WEELY AUCTION DATE ~ 90 DAY T-BILL -+- LOGIC ----*- TEXPOOL e . e e e RESOLUTION NO. 94- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, RATIFYING AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE; SOUTHERN IONICS, INC. , AND HOUSTON CHEMICAL SERVICES, INC.; AND RATIFYING AND CONFIRMING LETTERS FROM THE CITY MANAGER OF THE CITY OF LA PORTE, TO GOVERNOR-ELECT GEORGE W. BUSH, AND OTHERS, CONCERNING THE SETTLEMENT AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has heretofore approved a settlement agreement concerning the litigation styled Cause No. H-89-3969, Southern Ionics, Inc. and Houston Chemical Services, Inc. vs The City of La Porte; U.S. District Court, Southern District of Texas. Thereafter, on November 21, 1994, Norman L. Malone, acting in his personal capacity, and not acting in his capacity as mayor of the City of La Porte, and without knowledge or approval of the City Council of the City of La porte, forwarded a letter to Governor-Elect George W. Bush, objecting to the appointment of Buck Wynne as Chairman of the Texas Natural Resource Conservation Commission (TNRCC) . Section 2. The City Council of the City of La Porte finds, determines, and declares that Mr. Malone's personal letter to Governor-Elect Bush contains his personal views on that potential appointment, and the other matters contained in such letter, and does not represent the views of the City Council of the City of La Porte. In fact, the City Council, the City Manager, nor the City Attorney reviewed or were even aware of such letter before it was sent. Section 3. The City Council of the City of La Porte expresses its continuing desire to resolve its long-standing federal court litigation with Houston Chemical Services, Inc. and Southern Ionics, Inc. Mr. Malone's letter should not be read as stating or t ..~ '.. ,_. ....- ~... . e RESOLUTION NO. 94- 12 PAGE NO.2 implying that the City Council of the City of La Porte does not fully support the goals of that Settlement Agreement. The City Council of the City of La Porte fully intends to honor the Settlement Agreement. To the extent that some may attempt to interpret Mr. Malone's personal letter as an authorized statement made on behalf of the City Council of the City of La Porte, they would be in error because it was not and is not a statement of the City of La Porte's position. Similarly, to the extent that some may attempt to read Mr. Malone's personal letter as an indication that the City of La Porte does not support the desire of Houston Chemical Services, Inc. to bring an amicable end to the State Permit litigation to which it remains a party, they would also be wrong, because the City of La Porte continues to support that objective. The City Council of the City of La Porte strongly reaffirms the City of La Porte's commitment to fulfill all of the terms and provisions of the Settlement Agreement. Section 4. In furtherance of its goals and objectives as stated in this resolution, the City Council of the City of La Porte hereby ratifies, confirms, and approves the letters which have been forwarded by Robert T. Herrera, City Manager of the City of La Porte, to Governor-Elect George w. Bush; State Senator Jerry Patterson; State Representative Mike Jackson; State Representative Robert Talton; State Representative Joe Crabb; and Harris County Attorney Mike Driscoll, copies of which letters are attached to this resolution and made a part hereof for all purposes. e 8 RESOLUTION NO. 94- 12 PAGE NO.3 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 was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and conf irms such written notice and the contents and posting thereof. Section 6. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 12th day of December, 1994. OF LA PORT~ By: L.~ Maybr ATTEST: LJ ~~. Sue-Lenes, City Secretary .1' bOVED: /d ~Vz: . ~?~ Knox W. Askins, City Attorney e e '-"4 REQtlfT FOR CITY COUNCIL AGEND~tljTEM .. = - Agenda Date Requested: December 12. 1994 Requested By: S. Gillett ~er6~ Department: Public Works XXXX Report I Resolution Ordinance Exhibits: Bid Tabulation Bidder's List SUMMARY & RECOMMENDATION Sealed bids were opened and read on October 10, 1994 for sign material. This material is used in the fabrication of traffic control signs. Bids were sent to seventeen (17) vendors with six (6) returning bids. Low bid was submitted by Vulcan Signs for both Section I and II. using estimated yearly quantities, the total annual cost is estimated to be $31,662.98. This represents a 12% increase over last year's bid. Funds for this contract are available in the operating budget of the Street Division. Action Required by Council: Award annual contract for sign materials to Vulcan signs with an estimated annual expenditure of $31,662.98. /~ . - <= Availability of Funds: XXXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other Account Number: 001-700-701-210 Funds Available: XX YES NO <= Aooroved for Citv Council Aaenda QJ~ l, ~ \1..-1-q~ Robert T. Herrera DATE city Manager = .- - - ; ~- '. . - CITY OF LA PORTE INTER-OFfICE MEMORANDUM NOVEMBER 16 ~ 1994 TO: ST~VE GILLETT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY~URCHASING AGENT SUBJ: SEALED BID #0614 -SIGN MArERIALS (REVISED) Advertised, sealed bids #0614 for Sign Materials were opened and read on October 10, '1994. Bid requests were mailed to seventeen (17) vendors with six (6)r~turning bids. Bids were submitted with the following section totals: VENDOR SECTION I SECTION II Vulcan Signs $15,227.28 $16,435.70 Roadrunner Traffic $16,325.34 $18,412.01 . Signs ~ Blanks $15,629.91 No Bid New~an Traffic Signs $1~,204.22 No Bid 3M Traffic Control $23,065.10 No Bid Mid-Ohio Markings No Bid No Bid Low bid meeting specifications was submitted by Vulcan Signs. Using estimated yearly quantities, the total yearly cost is $31,662.98. This is a 12% increase over last year's bid. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council 'meeting. If there is a need ~o delay bringing this bid before council, please notify me. . I Attachment: Bid Copies Bid Tabulation Bidder's List ., r'- --~._-; '- 0 BIDDER'S LIST . . SEALED BID #0614 - SIGN MATERIALS VULCAN SIGNS SAFETY LIGHTS P. O. BOX 850 6813 DIXIE DRIVE FOLEY, ALABAMA 36536-0850 HOUSTON, TX 77087 TRANTEX CHAMPS, INC. 3310 FRICK ROAD, BLDG. D P. O. BOX 68 HOUSTON, TX 77086 OVERTON, TX 75684 NEWMAN TRAFFIC SIGNS QUALITY SIGNS P. O. BOX 1728 10205 MARKET STREET JAMESTOWN, ND 58402-1728 HOUSTON, TX 77029 HIGHWAY SIGNS & PAINT ROADRUNNER TRAFFIC SUPPLY 1200 TAPPAN CIRCLE P. O. BOX 122837 CARROLLTON, TX 75006 FT. WORTH, TX 76121 MID-OHIO MARKINGS & TRAFFIC SIGNS WINKO-MATIC SIGNAL COMPANY P. O. BOX 512 7431-C DOGWOOD PARK . NORWALK, OH 44857-0512 FORT WORTH, TX 76118 .. . ~,... n_ '_:;:~' SOUTHWEST SIGNAL SUPPLY' STODDARD ENTERPRISES P. O. BOX 125 P. O. BOX 260953- ..~ ~ . SOUTH HOUSTON, TX 77587 PLANO, TX 75026-0953 i THREE M (3M) TRAFFIC CONTROL -SEIBULITE INTERNATIONAL 7600 EAST EASTMAN AVENUE 3136 E. VICTORIA STREET DENVER, CO 80231 RANCHO DOMINGUEZ, CA 90221 MUNICIPAL SIGN COMPANY SIGNS & BLANKS, INC. 65 PARKER ROAD P. O. BOX 2234 HOUSTON, TX 77076 AKRON, OH 44309 U. S. STANDARD SIGN COMPANY CHAMBE~ OF COMMERCE P. O. BOX 4005 P.O. BOX 996 TOLEDO, OH 43609 LA PORTE, TX 77572-0996 BAYSHORE SUN PUBLISHED DATES: SEPTEMBER 25, 1994 OCTOBER 2, 1994 REO~T FOR CITY COUNCIL AGENDAttTEM Agenda Date Requested: December 12. 1994 Requested By: S. G~/~~ Department: Public Works XXXX Report ~ Resolution Ordinance Exhibits: Bid Tabulation Bidders List - - -- SUMMARY & RECOMMENDATION Sealed bids were opened on November 21, 1994 for the purchase of a street sweeper. The sweeper is a replacement of a twelve (12) year old existing unit. Bids were sent to five (5) bidders, with five (5) returning bids. Low bid was submitted by Hi-Way Equipment, Inc. in the amount of $104,896.00 for a dual-control unit. Low bid for an optional single- control unit was also submitted by Hi-Way Equipment, Inc. in the amount of $99,276.00. Additionally, Hi-Way Equipment bid $5,000 for the optional trade-in of the existing sweeper. A total of $105,000 was budgeted in the Motor Pool Replacement Fund for this purchase. Action Required by Council: It is recommended that the bid be accepted from Hi-Way Equipment Inc. for a dual-control Elgin street sweeper in the amount of $104,896.00, and for a trade-in allowance for the City's existing Mobile street sweeper in the amount of $5,000.00, for a net purchase price of $99,896.00. ...,..,. - Availability of Funds: -.-- General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXXX Other - Motor Pool Account Number: 009-700-701-887 Funds Available: XX YES NO - - Aooroved for citv Council Aaenda - - QM II ~ ''G- ( -t1~ Robert T. Herrera DATE City Manager - - -- -- e e BIDDER'S LIST SEALED BID #0618 TRUCK MOUNTED PURE VACUUM STREET SWEEPER CONLEY/LOTT NICHOLS HI-WAY EQUIPMENT COMPANY 9100 N. LOOP EAST P.O. BOX 14174 HOUSTON, TX 77029 HOUSTON, TX 77221 R. B. EVERETT & COMPANY NAYLOR SUPPLY COMPANY P.O. BOX 327 P.O. BOX 4919 HOUSTON, TX 77001 PASADENA, TX 77501-4919 INDUSTRIAL DISPOSAL SUPPLY P.O. BOX 8623 HOUSTON, TX 77249 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES: P.O. BOX 996 NOVEMBER 6, 1994 LA PORTE, TX 77572-0996 NOVEMBER 13, 1994 . . BID TABULATION = STREET SWEEPER ~AIII_1i- 1. STREET SWEEPER $104;896,00 $110;428,00 $111 ;928,00 I $123;431,00 \ $142,154.00 , 2. OPTIONAL BID: $99,276.00 $104,134.00 $106,790.00 $107,931.00 NO BID SWEEPER WIO HOIST SYSTEM . OPTION - TRADE-IN $5,000.00 $1.500.00 $4,000.00 $7.000.00 NO TRADE-IN I U:::::::::::::djr~MiitiT~~$$:;jMOIE*I~:':j'.. '>~;~~U()Q::: ::'.::$j~~~?~g(jQ;ii;;';n:::$197;~Dp(j;.h::Y::;$1j~~~i;L(j():,I:.::.;;$~4~M~LQQ;;1 ". REO~T FOR CITY COUNCIL AGEND~TEM - Agenda Date Requested: ~r}2 .1994 Requested By: S. Gillett ~ Department: Public Works (' , . XXXX Report Resolution Ordinance Exhibits: Bid Tabulation Bidders List ~... u." ._.. .. ".' . , ..,,-.., -...---, - SUMMARY & RECOMMENDATION Sealed bids were received on November 21, 1994 for the purchase of a 24 - 28 passenger bus. The bus is a replacement of a ten (10) year old 26 passenger bus without wheelchair lift. The replacement unit is equipped with a wheelchair lift, will accommodate 24 or 28 passengers (2 or 4 wheelchairs) and is designed to be in compliance with the Americans with Disabilities Act (ADA). Bids were sent to six (6) vendors, with two (2) returning bids. Low bid was submitted by Longhorn Bus Sales in the amount of $54,143.00. Additionally, Longhorn bid $800.00 for the optional trade-in of the existing bus. A total of $46,000.00 was budgeted in the Motor Pool replacement Fund for the replacement of this unit. It is recommended that the city accept the bid from Longhorn Bus Sales for the replacement of a 26 passenger bus in the amount of $54,143.00, and reject the trade-in allowance of $800.00. Disposal of the existing unit at auction is anticipated to bring a higher price. The low bid exceeds the budgeted amount by $8,143.00, primarily due to the additional requirements of ADA-related equipment. The additional funds are available in the Motor Pool Replacement Fund, and will be recovered from the Parks Department through future lease fees. Action Required by Council: Award the bid for the replacement of a 26 passenger bus to Longhorn Bus Sales in the amount of $54,143. - ~ Availability or Funds: n.~ General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXXX Other - Motor Pool Account Number: 009-800-802-854 Funds Available: XX YES NO - ...... .- -~,. - ...-..-....-. Aooroved for city Council Aaenda - Q~ T. ~ \"l-l-ql{ Robert T. Herrera DATE City Manager - .- - ~ e e BID TABULATION = 24=28 PASSENGER BUS IIlt~I~~li~1;1\;!111..li~~~I!~~~ili!I;J~il~II~t.ll.l~ l'!i\..!!iil 1, 24 - 28 PASSENGER BUS $54; 143,00 $55;968,00 I TRADE-IN ALLOWANCE $800.00 $2,000.00 m:!:::::'::!!::!i::!U::!:~(J$:~jES$:jMO~ff-Nj:: :::.'~;~DQQ::i ::::::::m!:::$$~~J90:.:1 e . BIDDER'S LIST SEALED BID #0620 - 26 - 30 PASSENGER BUS BRIDGES-HEMPHILL ENTERPRISES LONGHORN BUS SALES 15930 CYPRESS N. HOUSTON 6921 HOMESTEAD RD. CYPRESS, TX 77429 HOUSTON, TX 77028 TEXAS SCHOOL BUS TEXAS STAGECOACH 4800 EAST 7TH STREET 5136 HWY 6 NORTH AUSTIN, TX 78702 HOUSTON, TX 77084 JOE CAMP FORD LES MARKS CHEVROLET 621 HWY 146 P.O. BOX 1119 LA PORTE, TX 77571 LA PORTE, TX 77572-1119 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISH DATES: P.O. BOX 996 NOVEMBER 6, 1994 LA PORTE, TX 77572-0996 NOVEMBER 13, 1994 REO~T FOR CITY COUNCIL AGENDA4iTEM - Agenda Date Requested: Decemb~ 12. 1994 Requested By: S. Gillett ~/~ Department: Public Works - tr . XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidder's List - - - - SUMMARY & RECOMMENDATION Sealed bids were received on December 5,1994 for the annual contract to supply stabilized calcium sulfate (GS200S). This material is used in street repair and as a substitute for stabilized sand in utility bedding. Bids were sent to two (2) suppliers, with one (1) returning a bid. Gulf States Materials of La Porte returned the only bid as illustrated on the attached bid tabulation. Using estimated annual quantities, the estimated annual purchase of stabilized calcium sulfate totals 25,600, a 1% decrease from last year's price. Funds are available in the Street and utility Divisions' operating budget. Action Required by Council: Award annual contract for Stabilized Calcium Sulfate to Gulf States Materialsf~r $7.75/ton picked up and $10.10/ton delivered, for a total annual estimated cost of $25,600. = - Availability of Funds: - - XXXX General Fund XXXX Water/Wastewater Capital Improvement General Revenue Sharing Other 001-700-701-415 Account Number: 002-804-805-412 Funds Available: XX YES NO - - Aooroved for citv Council Aaenda - - - Q~ T. ~-' , \~-l-'ti Robert T. Herrera DATE City Manager - - - - - - - 1 ., . . BID TABULATION = STABILIZED CALCIUM SULFATE STABILIZED CALCIUM SULFATE (65200S) e- 1. PRICE PER TON - PICKED UP (2000 TONS) $7.75 2. PRICE PER TON - DELIVERED (1000 TONS) $10.10 1::::~::U:::'~:i::U~:U,:%i::. '..Y;.".:<,::'<i,;::;;':'::)':;:::;':U:;i; :i::::J"QT~",:,':::'i::i:::~'ii::'~:.,~i~~~Q1QQ':1 I I LOCATION OF PlANT SENS ROAD I BIDDER'S LIST STABILIZED CALCIUM SULFATE (GS-200S) BID #0621 GULF COAST LIMESTONE GULF STATES MATERIALS P. O. BOX 66 555 SENS ROAD SEABROOK, TX 77586 LA PORTE, TX 77571 CHAMBER OF COMMERCE BAYSHORE SUN PUBLISHED DATES: P.O. BOX 996 NOVEMBER 20, 1994 LA PORTE, TX 77572-0996 NOVEMBER 27, 1994 J I. R'UEST FOR cm COUNCIL AGENDA A Agenda Date Requested: December 12. 1994 Requested By: Alex Osmond Department: Administration XX Report Resolution Ordinance Exhibits: 1) Sealed Bid #0619 2) Bid Tabulation 3) Bidders List 4) Budget/Recommendation Chart SUMMARY & RECOMMENDATION Sealed Bids #0619 for golf course equipment were opened and read on November 7, 1994. Bid requests were mailed to five (5) vendors with four (4) returning bids. The equipment includes a Riding Greens Mower, 72 "Out-front Rotary Mower, 200-gallon Spmyer, Sand Tmp Machine, and an Off-road Utility Vehicle. Watson Distributing Company, Inc. was low bidder meeting all specifications for four (4) items: One (1) Riding Greens Mower; One (1) 72 "Out-front Rotary Mower; One (1) Sand Tmp Machine; and One (1) Off-road Utility Vehicle. Lansdowne-Moody Company, Inc. was low bidder, meeting all specifications for one (1) item: One (1) 200-gallon Spmyer. Riding Greens Mower .:.i.VLLl Brookside Equipment would require the option of one set of verticant reels. Total of bid awarded to: Watson Distributing Company, Inc. S 35,716.00 Lansdowne-Moody Company, Inc. S 3.555.00 Total S 39,271.00 Total Budgeted S 40,200.00 Staff recommends awarding bids for golf course equipment to Watson Distributing Company, Inc. and Lansdowne-Moody Company, Inc. Action Required by Council: Award bids as recommended by staff. Availability of Funds: - General Fund _ Water/Wastewater _ Capital Improvement_ General Revenue Sharing X Other Account Number: Various Funds Available: .x.. YES - NO Aooroved for City Council Aeenda ~ot~ -r I~ n'l-qtt Robert T. Herrera . Date City Manager ( , e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM NOVEMBER 8, 1994 TO: DENNIS HLAVATY, GOLF COURSE MAINTENANCE SUPERINTENDENT FROM: SUSAN KELLEY, PURCHASING AGENT SUBJ: SEALED BID #0619 - GOLF COURSE EQUIPMENT Advertised, sealed bids #0619 - golf course equipment were ovened and read on November 7, 1994. Bid requests were mailed to five (5) vendors with four (4) returning bids. Copies of the bids are attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bid List , .~. ., . . SID TABULATION = GOLF COURSE EQUIPMENT : Iliilllililiillllllilillllliillllillillllliilig~i~~~::1~~I:i:lli:,lllilllllliiilillll!llilllilll!!!llli~~~~11~~II!IIIIII!i~li~.llilllll~.lllli'!'IAAII~111 1) RIDING GREENS MOWER (1) $11;440.00 $11 ;21 7.54 NO BID NO BID 1 A) OPTION - VERlCUT REELS (1 SET) $1,978.00 $1,787.08 NO BID NO BID I TOT AlITEM #1 $13,418.00 $13,004.62 NO BID NO BID 2) 72" OUT -FRONT ROTARY MOWER (1) $9,960.00 $10,907.50 $12,500.00 NO BID 3) 200 GALLON SPRAYER (1) $5,344.00 NO BID $3,555.00 NO BID I 4) SAND TRAP MACHINE (1) $5,086.00 $5,131.17 NO BID NO BID 0) OFF-ROAD UTILITY VEHICLE (1) $8,012.00 NO BID I NO BID I NO BID 5A) OPTION - FLATBED DUMP BOX (1) $718.00 NO BID NO BID NO BID TOTAL ITEM #5 $9,230.00 NO BID I NO BID NOBI,D I "ALL OR NONE" Bioi $42,607.62 I .. . e . CITY OF LA PORTE BIDDERS'S LIST GOLF COURSE EQUIPMENT - SEALED BID #0619 BROOKSIDE EQUIPMENT SALES, INC. EZ-GO TEXTRON 19003 I - 45 NORTH 8515 E. NORTHBELT SPRING, TX 77388 HUMBLE, TX 77347-1569 GOLDTHWAITES LANSDOWNE-MOODY COMP~, INC. 220 FARISS 1600 FM 528 HOUSTON, TX 77054 WEBSTER, TX 77598 WATSON DISTIBUTING CHAMBER OF COMMERCE 6335 SOUTHWEST FREEWAY P.O. BOX 996 HOUSTON, TX 77074 LA PORTE, TX 77572-0996 BAYSHORE PUBLISH DATES: OCTOBER 16, 1994 OCTOBER 23, 1994 It . I BUDGET /RECOMMENDATION CHART I I Description I Budgeted I Recommended I Vendor I Watson Distributing - Riding Greens Mower 13,000.00 11,440.00 meets all specifications Purchase of option- Set of verticant II reels - not II necessary for this mower Watson Distributing - 72 II Out-front Rotary Mower 9,000.00 9,960.00 meets all specifications Lansdowne-Moody - 200-G allon Sprayer 5,500.00 3,555.00 meets all specifications Watson Distributing - Sand Trap Machine 5,700.00 5,086.00 meets all specifications Watson Distributing- Off-Road Utility Vehicle 7,000.00 9,230.00 meets all specifications TOTAL $ 40,200.00 $ 39,271.00 e . REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12. 1994 Requested By: Bobbv L. Powell Department: Police X Report Resolution Ordinance Exhibits: Letter for Texas Instruments stating sole source. SUMMARY , RECOMMENDATION During the budget process, the Police Department requested a NIGHTSIGHT Thermal Vision System. . safety of the officers on surveillance . enables you to locate a subject and items by body heat . clarification of use of vehicle within hours. . would not have to maintain close distance to person or item. The NIGHTSIGHT Thermal Vision System is a joint venture of Texas Instruments and Hughes Aircraft Company. Night Vision Systems is the only vendor of this product. We investigated and found no other vendors who produce thermal vision systems. Council approved $6500.00 for the Nightsight system in budget, and that is the cost of the system. ALTERNATIVE: Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenu~ Sharing Other (Motor Vehicle Fund) I Insurance Account Number: 001-502-503-821 Funds Available: L YES - NO ADDroved for citv Council Aaenda 0(~~ .. \, ~ \ 'L-l -~ ~ Robert T. Herrera DATE City Manager " O;r~ 1.0,'94 15' 34 FR TEXASISTR I NCO 214 995 2231 i 01590--0 18257145 P. 02/03 .r NIGHTS/GH I ™ ..' " ':<:::>~~-;~'<O.:rfij,i/rmal,YI'sip{7'~'Y$re"j. " t'~ .~ ;-:"t .j_.:.1'~+""~'., .. . . .... "0 ........ . .(,. ,::::::::'.::::}:::::;:;:;:~~:~;:;}:;:'L';:;aw::-::::;;:::B1f!......;;::-...;;:;:;:;::;;:::::::;::;:}.m}:~.:~-$Y1::.;:;:::-$::::tim"':':r:;:::::~""':"'::':"':::;;Ij:':;'::;:CO<;:;';:'rm:;:::':"::;:;;;:;;;;;:::;ti";;:;:;{;;;'~'::::::::::;:;::::~;::::::::::::::::::::::1 ..............-- ..-- .. r.'I. ',-,,"'i..LG . . . - ra ftr.r ... ....... _ ......... ;.;.;.;.:.:.:.;.;.:.:.:-:-:.:.:-;.:.:-:.:..., ... :'.. ... ..~. ;~~~.":~.., .', .... '...,.....:..: " ......,.... ,'" ..".... ~.: -... ~;~ .-:-:.;.:.;.;.;.;.;.;.;.:.:-:-:.:.;.:.;.; ..".. I.'" '" "'" , "" ,., _. """" l ,I. " ,'. I I ,II , ,~ .. '. . ~ . Price List Effective through Dec::ember 31,1994 Oescrlptlon f.art Nurnb.:er UnIt Price NIGHTSIGHT Thermal VisIon System NS-P. TOO1 $ 6,500.00 Special Introductory System including: . NIGHTSIGHT Infrared CamBra (12 VDC) Positioning Unit (36fYJ Pan and Tilt) Wired Remote Contra' Unit / Video Display (CRT) and Mounting Bracket Police Mounting Kit (Wiring and Hardware; Specify Caprice or Crown Victoria) Shipping charge (per unit, within U.S.) $ 25.00 N1GHTSIGHT is available directly from the manufacturor or from certain law enfarcfJfTlf1nt supply desJers: dealer prices may V8Jy. This manufaoturer's priclillist applies only to .ordsfS in the United States alld Canada (prices in US dollar.s). The NfGHTSIGHT system is compatible with the Model DVH 110 DaraVisionnf Head Up Display manufactu"ct by Defeo Electronics. which is ava/Jabla from NfGHTSfGHT or a Data V"fSion ctsalsf. The D VH 110 projects a picture that appe81'$ to be several 'eet In front of the windshfeld on the drivel's side. It can display the NIGH TS/GHT image alternately with data from most mobile data terminals. For further information on NIGHTSIGHT Thermaf Vision Systems for law enforcement or other applications, call the NIGH TSIGHT Information L.ine at (214) 995-7511. Data Vision is a tradef178lk of GM Hughes EfeoUonics NIGHT SiGHT is a tladBmark of Texas Instrumenrs : a C,i' . 2 I ~ 94 16: 02 FR TEXAS ,STR INca 214 995 2231 ~01590--018257145 P.02/02 'i , '. .. .- . TEXAS INS tt<.UMENTS ~ Friday, October 21. 1994 TOM NEELEY LA PORTE TX PO 915 $811-1 LA PORTE. TX n571 Dear TOM: In response to your request, Texas Instruments is pleased to provide this s1a.tement 01 sole source. The NIGHTSIGHT Thermal Vision System is a joint venture of Texas Instruments and Hughes Aircraft Company. The part number is NS-P-TOO1 and consists of the following: NIGHTSIGHT Infrared Camera (12VDC) Positioning Unit (360 degrees Pan and Tilt) Wired Remote Control Unit Video Display (CRT) and Mounting Bracket Police Mounting Kit (Wiring and Hardware; Specify Caprice or Crown Victoria) Texas Instruments Is not aware-of any other company manufacturing and marketing an uncooled technology Infrared system that can be vehicle mounted and believes the Texas Instn.!mentsIHughes Aircraft Cofl1>any venture to be the sole source of this product. tt I may be of assistance please contact me at (214) 995-9682. /lift? Tt-aV1~ v~ TEXAS lNSTRUMENTS INCORPORATED . OEFEN$E: SYSTEMS '" ELECTRONICS ~ROUP ** TOTAL PAGE.002 **