HomeMy WebLinkAbout2001-03-19 Special Called Regular Meeting and Public Hearing
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MINUTES OF THE SPECIAL CALLED REGULAR MEETING
AND PUBLIC HEARING
OF LA PORTE CITY COUNCIL
MARCH 19, 2001
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, Jerry Clarke, and Norman
Malone.
Members of Council Absent: Peter Griffiths.
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns,
City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance
Director Mike Dolby, Director of Administrative Services Louis Rigby, Public Works
Director Steve Gillett, Emergency Services Director Joe Sease, Planning Director Doug
Kneupper, Police Chief Richard Reff, and Lieutenant Carl Crisp.
Others Present: Spero Pomonis, Colleen Hicks, Bill Love, Martha Love, Bob Pizzatola,
Linda Barley, Susan Parastar, Evelyn Kennedy, Kathleen France, David Turnquist, Jim
France, Joe Peraza, Larry McGrath, Gideon Jones, Jan Jones, Larry Meek, Robb Hinn,
Reverend Mary Currie and a number of citizens.
2. Reverend, Mary Currie of St. James Presbyterian delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting on February 26,2001.
Motion was made by Councilperson Engelken to approve the minutes of the Regular
Meeting on February 26.2001 as presented. Second by Councilperson Clarke. The
motion carried.
Ayes: Sutherland, Engelken, Porter, Young, Clarke and Malone.
Nays: None
Abstain: Ebow, Gay and Mayor Malone.
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP A YERS WISHING TO ADDRESS COUNCIL.
The following citizens addressed City Council:
Linda Barley and Bob Pizzatola - Neighborhood Center - 911 South 8th Street, La Porte,
Texas 77571. They addressed Council and thanked them for supporting Neighborhood
Centers and informed them of their building plans and needs. In addition, Ms. Barley
provided Council with a report on the various projects they worked on this past year.
5. PRESENTATIONS
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City Council Minutes - 3/19/01 - Page 2
A. Mayor Malone proclaimed March as Motorcycle Safety Month. Mr. Gideon Jones
was present to accept the proclamation and thanked City Council for their support.
B. Finance Director Cynthia Alexander presented September 30, 2000 Comprehensive
Annual Financial Report.
6. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:30 PM.
A public hearing was held to discuss Special Conditional Use Permit #SCU01-001 for a
proposed development within a Planned Unit Development (PUD) Zone.
Review by Staff - Planning Director Doug Kneupper presented summary and answered
Council's questions. General Manager Joe Peraza was also present and addressed City
Council's questions.
Public Input - No public input.
Recommendation of Staff - Planning Director Doug Kneupper informed City Council the
Planning and Zoning Commission recommended approving this request.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:42 PM.
7. Council considered approving an amendment to the Zoning Ordinance.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 1501-NN AND SPECIAL CONDITIONAL
USE PERMIT #SCU01-001 - AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY
REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY
CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN PARCEL OF
LAND DESCRIBED AS FOLLOWS, TO-WIT: BLOCKS 416-419, TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS, TO PUD, WITH SPECIAL CONDITIONAL
USE PERMIT ATTACHED FOR THE DEVELOPMENT OF A 65,061 SQUARE
FOOT COLD STORAGE/W AREHOUSE ADDITION TO AN EXISTING FACILITY;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN
EFFECTIVE DATE.
Motion was made by Councilperson Clarke to approve Ordinance 1501-NN and Special
Conditional Use Permit SCU01-001 as presented by Mr. Kneupper. Second by
Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
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City Council Minutes - 3-19-01 - Page 3
8. Council considered approving a resolution authorizing the resale of tax properties to Paul
and Elaine Schaider. This item was previously tabled at the February 26,2001 City
Council Meeting.
Motion was made by Councilperson Porter to table this item until the City receives
proper correspondence from Mr. Schaider. Second by Council person Gay. The motion
carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
9. Council considered approving ordinances authorizing the City to enter into an Industrial
District Agreement and an ordinance authorizing the City to execute a Water Service
Agreement and Sanitary Sewer Service Agreement with Oakwood Capital, L.P.
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-IDA59 - AND ORDINANCE 2001-
2472
2000-IDA-59 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY
OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH OAKWOOD
CAPITAL, L.P. FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING
DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS
RELA TING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
ORDINANCE 2001-2472 - AN ORDINANCE APPROVING AND AUTHORIZING A
WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND OAKWOOD CAPITAL,
L.P.; 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 by Councilperson Ebow to approve Ordinances 2000-IDA59 and
Ordinance 2001-2472 presented bv Mr.Kneupper. Second by Councilperson Engelken.
The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
10. Council considered approving an ordinance authorizing City Manager to approve
agreement with MGT of America, Inc. to provide a classification and compensation study
to the City for $45,906, with budgeted funds in the amount of$35,000, and an additional
$10,906 from general and utility fund contingencies
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City Council Minutes - 3-19-01 - Page 4
Human Resources Director Louis Rigby presented summary and recommendation and
answered Council's questions. John Warren ofMGT was also present to answer
Council's questions.
Assistant City Attorney read: ORDINANCE 2001-2473- - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT FOR PROFESSIONAL
HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES BETWEEN THE
CITY OF LA PORTE AND MGT OF AMERICA, INC. TO ASSIST IN DEVELOPING
PLANS AND PROGRAMS THAT CONFORM TO FEDERAL, STATE AND LOCAL
REQUIREMENTS; APPROPRIATING NOT TO EXCEED $45,906.00, 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 by Councilperson Young to approve Ordinance 2001-2473 as
presented by Mr. Louis Rigby. Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
11. Council considered approving a new Industrial Waste Ordinance. This ordinance repeals
any previous ordinances.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2001-2474 - AN ORDINANCE
AMENDING CHAPTER 74, "UTILITIES", ARTICLE II "INDUSTRIAL WASTE", OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE
BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE,
REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC
SEWERS OF THE CITY OF LA PORTE, TEXAS, PROMULGATING
REGULA TIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
UPON CONVICTION BE FINED NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00), AS PROVIDED IN APPENDIX B OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE; EACH DAY OF VIOLATION SHALL BE DEEMED A
SEPARATE OFFENSE; CONTAINING SEVERABILITY AND REPEALING
CLAUSES: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Porter to approve Ordinance 2001-2474 as presented
by Mr. Steve Gillett Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
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City Council Minutes 3-19-01 - Page 5
12&13. Council considered approving an ordinance authorizing the City Manager to execute
agreements for Type I and Type IV solid waste disposal between the City of La Porte and
Waste Management of Texas, Inc.
Council considered approving an ordinance authorizing the City Manager to execute
agreements for Type IV solid waste disposal between the City of La Porte and Waste
Corporation of Texas, Inc.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Item numbers 12 and 13 are related so both items were voted on together.
Assistant City Attorney read: ORDINANCE 2001-2475 - AN ORDINANCE
APPROVING AND AUTHORIZING AN AGREEMENT FOR OPERATION OF TYPE
I LANDFILL AND AN AGREEMENT FOR OPERATION OF TYPE IV LANDFILL
BETWEEN THE CITY OF LA PORTE AND WASTE MANAGEMENT OF TEXAS,
INe.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
ORDINANCE 2001-2476 - AN ORDINANCE APPROVING AND AUTHORIZING
AN AGREEMENT FOR OPERATION OF TYPE IV LANDFILL BETWEEN THE
CITY OF LA PORTE AND WASTE CORPORATION OF AMERICA, INC.; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LA W; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve Ordinance 2001-2475 and
2001-2476 as presented by Mr. Steve Gillett Second by Councilperson Young. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
14. Council considered approving Ordinance No. 2001-915-UU approving a permit to Exxon
Mobil Pipeline Company for a ten-inch (10") refined petroleum products pipeline.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2001-915-UU - AN ORDINANCE
GRANTING A PERMIT UNDER SECTIN 18-a-3 OF ORDINACE NO. 915,:
"PIPELINE. TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25,
1975, TO CONSTRUCT A to-INCH PIPE LINE FOR THE TRANSPORTATION OF
REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE
HEREOF.
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City Council Minutes 3-19-01 - Page 6
Motion was made by Councilperson Ebow to approve Ordinance 200 1-915-UU as
presented by Mr. Steve Gillett Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
15. Council considered approving an ordinance imposing sanitary control restrictions to
protect the water supply of the City of La Porte water wells, and establishing construction
and operation restriction within a 1 50-foot radius of City of La Porte water wells.
Public Works Director Steve Gillett presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2477 - AN ORDINACE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA. PORTE BY IMPOSING
SANITARY CONTROL OF RESTRICTIONS TO PROTECT THE WATER SUPPLY
OF THE CITY OF LA PORTE WATER WELLS; ESTABLISHING CONSTRUCTION
AND OPERATION RESTRICTIONS WITHIN A 150-FOOT RADIUS OF CITY OF
LA PORTE WATER WELLS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 2001-2477 as
presented by Mr. Steve Gillett Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
16. Council considered the approval of Ordinance 2000-IDA 58 authorizing the execution by
the City of La Porte of an Industrial District Agreement with Initial DSI Transports.
Assistant City Manager John Joems presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-IDA-58 -.AN ORDINANCE
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH DSI TRANSPORTS, INC., FOR THE
TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31,2007;
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 by Councilperson Engelken to approve Ordinance 2000-IDA-58 as
presented by Mr. John Joems Second by Council person Ebow. The motion carried.
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City Council Minutes 3-19-01 - Page 7
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
17. Council considered the authorizing approval of a bid by HCC Benefits, to provide
specific stop loss insurance coverage at an annual cost of $146,907.
Human Resources Director Mr. Louis Rigby presented summary and recommendation
and answered Council's questions.
Motion was made by Councilperson Young to approve bid as presented by Mr. Louis
Rigby Second by Councilperson Gay. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Malone.
Nays: None
Abstain: None
18. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Workshop Meeting on March 24, 2001.
B. Original City Hall Open House on March 29, 2001.
19. COUNCIL COMMENTS
Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young and Malone brought
items to Council's attention.
20. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION 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)
There was no executive session.
21. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
There was no action taken.
22. ADJOURNMENT
There being no further business to come before Council, the Special Called Regular
Meeting and Public Hearing was duly adjourned at 7:50 PM.
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City Council Minutes 3-19-01- Page 8
Respectfully submitted,
<1Tl fJAi:J.Jv.lf J1p;/
Martha Gillett
City Secretary
Passed and approved on this 9th day of April 2001.
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Good Evening Council and Fellow Citizens,
I'm Clarence Morgan. My Wife and I live at 10415 N. Ave. H
I'd like to comment on 3 items regarding the Farrington extension.
1. . A recent Bay Shore Sun Article states it is very likely that Fire Station # 2,
located across from the airport, will move to Underwood Rd. and Fire Station
#3,located on Lomax School Rd. will move toward Sens Rd. A study of the
City Map proves that when this happens; The suggested but unproven need
for the proposed Farrington extension for backup response disappears.
We have already proven that EMS will not benefit from the Farrington
extension because it is located on C street. It turns right into Lomax or Left to
the other areas. EMS will be unaffected by the move to Underwood Rd.
2. A few weeks ago a .twin engine airplane crashed on the West end of
the airport, just yards from Farrington Rd. This should drive home the fact
that the RPZ is a very unsafe place. We have repeatedly provided you with
the written mandatory FAA design standards and documented conversations
with FAA and TEXDOT officials that prove this road is a violation of the intent
and the letter of the design standards. The design standard information we
gave you has a chart that shows the % of airplane overruns & undershoots.
This proves that another crash will occur. Will it be into a bus load of
children or a house? We have studied the original grant contract between
the City and TEXDOT and it proves again that Mr. Guttery, who has said
this road is OK; is completely wrong in his written statement about the
design standards. The contract also states that the U.S. and Texas are
NOT "responsible or liable for damage to property or injury to persons which
may arise from, or be incident to, compliance with this grant agreement".
THAT MAKES THE CITY TOTALLY LIABLE AND RESPONSIBLE WHEN
THE NEXT CRASH OCCURS.
3. We understand some Glen Meadows residents want to connect Valley
Brook to H street as an alternative to the Farrington Extension. We have
studied this proposal using a city map and also driving the area. We conclude
that drivers from approximately 400 homes in the North half of Glen Meadows
would use the Valley Brook extension to cut through Lomax to 225 rather than
use Spencer Hwy as they are supposed to. These drivers would cut through a
neighborhood where the residents would have to back out into this cut through
traffic, where the residents would have to mix with the cut through traffic in the
street as they walk, jog, bicycle, ride horses, etc. because Lomax's'main
streets have very steep ditches, narrow shoulders, and no sidewalks. This
would make an already dangerous and unsafe situation much worse.
Thanks for listening,
~ '{Ju;t;r-
Clarence Morgan
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YOUR IMMEDIA TE A TTENTION IS REQUESTED
Jan. 3,2001
FROM: Bill Scott, Treasurer of the La Porte Citizens General Political Action
Committee, "COMMOM SENSE GOVERNMENT"
TO: Dr. John Sawyer, Superintendent; La Porte Independent School District
Subject: Mike Clausen's Statements regarding the Farrington Rd. extension.
Please find enclosed a video and video introduction; an audio tape, an RPZ map
and associated information, and Institute of Transportation Engineers references.
Dear Dr. Sawyer.
Your Executive Director of Operations, Mike Clausen, spoke before the La Porte
Planning and Zoning Commission; encouraging them to vote in favor of
extending Farrington Rd. Mr. Clausen was introduced to the P&Z as one who
would "Give an objective overview of the pros and cons of the Farrington
extension". I had spoken earlier to Mr. Clausen about most of the Cons of this
extension and he was fully aware of them and yet he did not state one single con
about the extension and we believe his sales job for the extension was full of
misrepresentations and false statements.
We believe Mr. Clausen completely failed in his responsibility for the safety of
our children when he did not research the safety hazards of busing school
children through the middle of an airport Runway Protection Zone (RPZ) as well
as other airport safety areas. The FAA's design standards clearly state the safety
concerns of being in an RPZ and strictly forbid places of assembly in an RPZ.
TEXDOT aviation and the City confiscated and demolished a house where one
elderly gentleman lived because it was dangerous for him to be there. Yet his
home was located over 1,000 ft. out from the runway.
Your Mr. Clausen wants to bus hundreds of children through the RPZ starting
only 400 ft. out from the runway and going through an Object Free Area
Extension and directly violating an Instrument Approach Threshold.
Recently, a twin engine plane crashed on the West end of the Airport. This
drives home the fact that the RPZ is a dangerous and unsafe area. Please read
the enclosed associated information for details.
When I first talked with Mr. Clausen about the Farrington Extension, I told him it
was the first phase of a 4 lane highway to 225. He did his best to convince me
that my statement "was not true" and he only backed off only after I told him I had
hard evidence to prove it was true. Mr. Clausen gathered none of the pertinent
facts before making his blanket statement which WAS COMPLETELY UNTRUE.
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In pushing for the Farrington Rd. extension; Mr. Clausen stated before the P&Z
Commission that
1. "We have problems routing our buses in Lomax and it is because we don't
have the North South thoroughfares cut throughs there".
FACT. The vast majority of the Lomax Sub Division is acreage with home
sites abutting the major streets of H,L, & P. I have studied the current Lomax
bus routes on a City street map; with one of your bus drivers and there is NO
advantage to bus routes in Lomax by extending Valley View or Farrington Rd.
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2. "Lomax is a unique area. You don't have a whole lot of sidewalks and nice
places for children to walk to school, so we transport nearly everybody".
FACT: Lomax's main streets have steep ditches and no sidewalks. They,are
so dangerous and unsafe that most adults won't walk or bike on them. LPISD
buses children in Lomax because of the dangers and safety concerns; NOT
because we simply "don't have nice places for children to walk to school." We
believe Mr. Clausen intentionally ignored the facts & downplayed the dangers.
3. And then Mr. Clausen attempts to color Spencer Highway and Underwood Rd.
as unsafe for buses even though they are wide, curbed, new concrete
construction. Mr. Clausen also states that Glen Meadows students can ride
their bikes to school.
FACT: The students would be riding their bikes through an RPZ and two other
airport safety zones.
4. Mr. Clausen states that the Farrington extension would help the Glen
Meadows sub division in getting students to Lomax Elementary.
FACT: Mr. Clausen completely leaves out that if Farrington lis extended,
Glen Meadows will be within the 2 mile radius travel limit of both Lomax
Elementary and Lomax Jr. High and LPISD, by it's own regulations, will not
run busses from Glen Meadows to either Lomax Elementary or Jr. high ...and
we will work hard to make sure that regulation is enforced.
5. Mr. Clausen states regarding Glen Meadows, "every bus we have to route in
there. ..every parent that takes their student to Lomax Jr. High, have to take
the whole long trip around to Underwood and then go all the way around
to L street" and he also states if he had the 1500 ft. cut through it would be a
short distance...
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page 3 of 3
FACT: The distance from a point at the West entrance of Glen Meadows to
Lomax JR. High is actually app. 0.6 miles further by traveling the extension.
The distance saved from the West entrance of Glen Meadows to Lomax
Elementary is app. 0.3 miles. The road will cost app. $350,000. You do the
math on the economic damage to the tax payers.
FACT: This whole long trip to the Jr. High that Mr. Clausen whines about is
actually app. 0.6 miles longer by the "short cut".
7. Mr. Clausen states that cut throughs at Valley View and Airport Blvd. would be
great
FACT: Airport Blvd. is on Airport Property and goes through an RPZ and is not
only unavailable, the facts of the Airport Design Standard and a recent plane
crash prove it is a safety hazard. A Valley View extension would go through two
very large, new homes. This proves Mr. Clausen not only did not do his
homework, he also recklessly and publicly promoted the unnecessary destruction
of homes and property.
The video tape and video introduction will show you how the Farrington
Extension will greatly increase the dangers from the great increase in through
traffic in our neighborhoods. We have a white cross just around the comer from
my house that proves we are right.
WE would appreciate your correcting Mr. Clausen's slanted statements by
speaking at the 1 ~~6:00 PM City Council Public Hearing on this matter.
Thanks, .h~Q ~
Bill Scott
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Council,
I've researched the consultant's 4 page evaluation ofthe Farrington extension. I've
spent many hours in University libraries locating 3 ofthe 6 reference books they say they
used to justify the Farrington extension and studying those references cover to cover.
All3 books were authored by the Institute of Transportation Engineers; the accepted
authority on the subject.
BOOK #1 - "Transportation and Land Development" 1988. Deals with planning
transportation systems for raw vacant land. It is NOT even applicable to our developed
rural residential neighborhood. I found NO wordage or data in this book that
supports the consultants claim of arterial spacing. But there was infonnation
supporting our safety concerns that the consultant failed to put in the evaluation. See
Attachment pages 1-5 (circled #).
Book #2 - ''Transportation and Traffic Engineering Handbook" 1976. Page 541
recommends an arterial spacing of 1-2 miles for Rural areas. And we are rural; complete
with hay fields, farm animals, and a rodeo arena. Sens to Underwood is 2.4 miles which
is only slightly over the lose recommendation. However, the consultant ignored entire
paragraphs such as page 9. that support our view that this road is a serious safety hazard.
Book #3 - Transportation Planning Handbook 1992. Deals with metro, regional and state
systems. The consultant says this book supports his claims, but I found NO mention of
arterial spacing or "principals" that would support the Consultants claims.
However, there were several paragraphs about citizen involvement and community input
that the consultant ignored both in the evaluation report and in the evaluation itself.
Book #4 - Residential Street design and Traffic Control. This refere~~ book is also
written by the Institute of Transportation Engineers. BUT TI:IIS REFERENCE BOOK
WAS NOT ON THE CONSULTANT'S LIST. PERHAPS IT IS BECAUSE TIllS
BOOK IS THE EXACT REFERENCE FOR OUR SITUATION AND IT SUPPORTS
OUR CLAIMS, NOT THE CONSULTANT'S. This book devotes an entire chapter to
studying the effectiveness of plans to stop through traffic and speeding. It proves the
consultants recommendations to "calm" traffic are ineffective or not doable. See pages
10-16.
The consultant's evaluation doesn't contain one word about the safety impacts of the
extension to the residents of Fairmont Park, Glen Meadows, and Lomax. And you've
seen our video so you know the safety impacts to these neighborhoods.
One very important discovery came from this research. BY DEFINITION, H, L, P AND
LOMAX SCHOOL RD. ARE LOCAL OR RESIDENTIAL STREETS BECAUSE
THEY PROVIDE DRIVEWAY ACCESS CONTACTS THEM. THEY ARE NOT
COLLECTORS OR ARTERIALS AS FALSELY CLAIMED. THEY REQUIRE THE
SAFETY STANDARDS DUE THEM.
Thank you for your consideration,
Bill Scott, Treasurer for Common Sense Government.
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Preface
I ~ ~ ~ Transportation and Land Development unites transportation and land use in an exciting
and timely discussion of the planning and design of circulation systems from the standpoint
of site development. In transportation, the design goal is to provide for the movement of
people and goods between and among land uses; In land development, the design goal is
to achieve a functiqna1 and profitable project. These goals at all times are highly inter- /
dependent and sometimes are in conflict. /'
The underlying assumption throughout this book is that the processes of trans-
portation and land development are inextricably bound: land development cannot occur
without transportation; transportation facilities selVe no economic purpose without devel-
opment. The text is organized on the basis that good planning precedes good design.
, Part I deals with the planning process inherent to both transportation and land
development. The text moves from a discussion of general planning principles to a
discussion of transportation and site planning principles, and fmally, to the pomt at which
the two processes meet in the site traffic analysis. '
Part n deals with specific design considerations of transportation and land devel-
opment. The organization of Chapters 4,5, and 6 divides this highly related material to
group topics logically within each chapter while maintaining chapters which are of some-
what similar size. Chapter 4 discusses hierarchical movement systems - the basis. of
functional 'design criteria, which are equally applicable to public streets and private
developments. It also offers information on traffic-circulation considerations in residential
development. This discussion is directed toward traffic issues which have broad impli-
cations; it does not attempt to deal with the details of subdivision design.
Drive-in facilities present unique traffic-circulation problems and have been the
object of specific data collection. Also, drive-thm operations can be subjected to quan-
titative analysis. Chapter 8 therefore deals expressly with the parking and circulation
issues involved with this type of development.
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TABLE 2-1
Development Planning Scales
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Chap. 2 I Site Planning (i;)
Site Scale
Corridor Scale
1. Create shared marginal access
to simplify highway movement
and reduce number of access
points.
2. Highway access points must
be 400 ft. minimum distance
from a channelized intersection.
3. Avoid "dog leg" situation by
locating access point directly
opposite another access point
or at least 150 ft. away. (This
applies at every level of scale.)
4. Site access should be shared
whenever possible to reduce
pavement, avoid duplication of
roads, and create efficient cir-
culation.
5. Parking lots should be shared
to reduce parking area. Adja-
cent uses which have different
operating hours or peak times
should share parking.
6. Separate incompatible uses
with buffer zone or screen.
7. Size, shape and orientation of
buildings should be designed
to make them easily visible
from hjghway, at highway
speeds.
8. Locate buildings, parking areas,
and open space to create
strong and varied mass/space
relationships when viewed
from highway.
9. Site slgnage must be located
where It Is easily visible to high-
way traffic.
10. Site uses along corridor should
be land use types which benefit
from highway visibility and
complement adjacent corridor
uses.
11. Uses should take advantage of
vistas and pleasant views
where they are available.
12. Uses adjacent to natural fea-
tures must not endanger or
encroach upon the feature.
SOURCE: Frank J. Koepke 11].
Project Scale
1. Parking access system should
be clear and simple, form circu-
lation loops, and avoid dead
ends.
2. Parking modules should be
used to break up parking lot
expanse, and create simple cir-
culation patterns for parking
search.
3. If parking is shared by two or
more buildings, each should
have equally convenient pe-
destrian and vehicle links to the
parking area.
4. Building forms should be
used to define and emphasize
entrances, which must be visi-
ble and easily accessible' from
related parking areas.
5. Provide a continuous pedes-
trian system which links build-
ing entrances along a direct
path, separate from vehicular
right-of-ways, and connects to
pedestrian routes beyond the
project.
6. A system of bicycle routes
should also be created, sepa- ,
rate from auto traffic if possible,
and linked to a community-
wide bicycle system. Areas for
convenient storage of bicycles
should be provided.
7. Buildings should be oriented
to take advantage of pleasant
views and to capture highway
visibility.
8. Appropriate screens should be
used to hide undesirable views.
9. Some areas of natural open
space should be created to pro-
vide relief from and contrast to
built-up areas.
10. Use "green" space as a buffer
zone between less compatible
uses.
1. Parking modules should alter-
nate with planted areas to
break up parking expanse, pro-
vide safe pedestrian zones,
and help define the vehicular
circulation system.
2. Parking module location can
facilitate safe pedestrian move-
ment if modules are oriented
perpendicular to building
entrance facades, to minimize
the number of traffic aisles a
pedestrian must cross.
3. Circulation within modules
should be simple and con-
tinuous. Avoid situations where
driver must leave site and re-
enter to repeat parking search.
4. Delivery areas should be sepa-
rate from parking area. Service
drives should not enter parking
modules.
'15. Pedestrian walkways should
t be separate from vehicular
right-of-ways, and should fol-
low \direct routes between
buildings or from parking area
to building.
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Chap. 4 / Functional Circulation Systems
TABLE 4.2
Recommended Operational Criteria for Major At-Grade Arterials
Sections of
Intercity Arterials
Within Urbanized
Areas
Intra urban
Arterials
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Off-peak periods:
Speed (mph)
Design speed differential (mph)
Progression band cycle length (%)
Range of cycle lengths (seconds)
Peak periods:
Speed (mph)
Design speed differential (mph)
Progression band cycle length (%)
Range of cycle lengths (seconds)
45 min.
10 max.
45 min.
45-90
40-45 min.
15 max.
40 min.
45-90
30-40 min.
10 max.
40 min.
90-120
3-35 min.
10 max.
25 min.
90-120
The minor arterial system interconnects with and augments the major arterial sys-
tem. It accommodates trips of somewhat shorter length and slightly lower level-of-service.
Therefore, operating speeds and traffic-signal progression may be less than on the major
arterial. Such a facility interconnects residential, shopping. employment. and recreational
activities at the community level. However. as with major arterials. the minors should not
penetrate identifiable residential neighborhoods.
.\
Collectors
The collector system provides both land access and movement within residential. commer-
cial, and industrial areas. Collectors penetrate. but should not have continuity through.
residential areas.
Operating speeds should be 25 to 30 mph. Since speeds are slower and turning
movements are expected. a high speed differential (15 mJh) and closer intersection/access
spacings can be used than on arterials.
The cross-sectional design of collector streets may involve considerable variation.
depending UpOll the type, scale, and density of the adjacent development. Access spacing
(public and private). cross section, alignment, and continuity need to be integrated in the
design of the adjacent project designs. Therefore. the designer must exercise a much
broader latitude of good judgement than with access to an arterial street.
For a large development such as a regional shopping center. the on-site roadway that
interconnects the parking areas and the access drives is the internal-circulation equivalent
of a major collector. Speeds should be somewhat slower than on the public collector street
system. preferably 30 mph or less.
Locals
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Local streets serve to provide land access and can and do exist in any land use setting. In
other words, there can be local residential streets, local dowritown streets, and local
industrial streets. Movement on local streets is incidental and involves traveling to or from
a collector facility. Therefore, trip length on the local street is short and as a result volumes
may be low and speeds are slow. ~'.
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The same principles of functional design which apply to streets and highways also apply
to on-site circulation systems, and the stages of hierarchical movement are recognizable
in an internal circulation system. For example, the aisles leading to individual parking
spaces (vehicle tenninal) become the equivalent of the local access streets. Thus, a
well-designed internal circulation system will accommodate the order of movement and
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Achieving Traffic Safety in Residential Subdivision Design
87
.,
Lane widths must be selected with judgment. If heavy truck traffic is anticipated,
an additional one foot in width is desirable. All the lane-width requirements and inter-
section design controls should be evaluated when making the lane-width selection. For
instance, a wider right-hand lane that provides right turns without adjacent lane encroach-
ment may require a narrower left-turn lane. Local practice and experience regarding lane
widths should also be evaluated. Special lane widths for such instances as bike lanes within
the roadway require special attention.
At arterial speeds there is substantial danger that a driver will lose control of the
vehicle if the curb is struck. Therefore, the gutter should not be considered as part of the
traffic lane on arterial streets. Nor should it be considered as part of the traffic lane on
major collectors in areas of commercial use or in other locations where high volumes might
be expected.
ACHIEVING TRAFFIC SAFETY IN RESIDENTIAL SUBDIVISION DESIGN
Two characteristics distinguish a residential subdivision designed with traffic safety
in mind:
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There are a limited number of access points with the major arterial streets which
border the subdivision. These access points are the major collectors serving the
subdivision and are commonly spaced at intervals of at least one-quarter mile.
The internal street system is discontinuous so as to discourage through traffic
from penetrating the subdivision,
77.7
Limited Gridiron
, access
Figure 4-3 Average
number of accidents
per year. SOURCE:
Harold Marks [19].
These characteristics also make a residential area a more desirable place to live, which
preserves property values and helps to stabilize land uses.
Marks [19,20] has demonstrated the superiority of this design, which, in view of the
first characteristic given above, has become known as the limited-access division. As
indicated in Figure 4-3. the gridiron subdivisions experience nearly eight times the number
of accidents as limited-access subdivisions (77.2 as compared to 10.2). The superiority of
the limited-access subdivision is further demonstrated by Figure 4-4. Fifty percent of the
intersections in the gridiron subdivisions experienced one or more accidents in the five-
year period compar~~ to less than lO9'e in the limited-access subdivisions. Marks also
found three-way intersections within the subdivisions to be much safer than four-way
intersections. As shown in Figure 4-5. the likelihood of an accident at a three-way
intersection is. less than 10% per year. Four-way intersections were found to have
an accident expectancy of over 27% in limited-access subdivisions and about 56% in
gridiron subdivisions.
These data clearly show that superior traffic safety of the three-way configuration
for all intersections within a residential subdivision. The four-way intersection should not
be used except where traffic movements on two of the approaches result in the inter-
section's functioning ,as "opposing three-way intersections" (see Figure 4-6). Jog inter-
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2.8%
Figure 4-4 Percent of intersections having
one or more accidents in a five-year period.
SOURCE: Harold Marks [19].
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access
3-way
4-way
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Chap. 4 I Functional Circulation Systems
the actual involvement rates may vary between rural and urban locations, the relative rates
presented in Table 4-5 may be expected to be much more transferable. In this form, the
data indicate that a vehicle traveling on an at-grade arterial at a speed 10 mph slower than
the speed of the normal traffic stream is 180 times (20,000/110) more likely to be involved
in an accident than a vehicle traveling at the same speed as the other vehicles in the traffic
stream. A vehicle traveling 15 mph slower than the traffic stream has 90 times
(20,000/220) the chance of being involved in an accident as a vehicle traveling 10 mph
slower. While the relative ranges may be in considerable error, for any specific section of
street or freeway, they clearly show that increased speed differentials result in substanti::llly
increased accident potential. Thus, designs which produce small speed differentials (less
than 10 or 15 mph) should be major criteria for the functional design of arterials.
As will be presented in Chapter 5, all reasonable curb-return radii and throat-width
combinations result in low-speed turn maneuvers and. hence. high speed differentials on
arterial streets. Therefore. a right-turn bay (Figure 4-19) or a continuous right-turn lane
(Figure 4-20) should be provided.
GUIDELINES FOR THE LOCATION OF UNSIGNALlZED ACCESS
Unsignalized direct access to arterial streets can be provided without seriously interfering
with the movement function so long as careful attention is given to the location. spacing,
movements permitted. and the design of such access. The same criteria should be applied
to public and private access.
Poorly designed access. or unrestricted access (Figure 4-21), results in functional
obsolescence of the arterial as well as the private development.
TABLE 4-5
Relative Accident-Involvement Rates
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Speed Differential (mph)
0 -10 .l.20 -30
At-grade arterials:
Accident rate 100 220 720 5,000
Ratio, Oomph differential 1 2 6.5 45
10-mph differential 1 3.3 23
Freeways:
Accident rate 30 100 600 2.000
Ratio, Oomph differential 1 3.3 20 67
1 Oomph differential 1 6 20
-35
20,000 ' Lf 0 ;a:::'J::r1
180 rv'1CfC>
45
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Figure 4-19 Right-turn bay. Provision of a right-turn deceleration lane
will reduce the speed differential between turning vehicles and through
traffic. It will also decrease the length of time during which the turning
vehicle is causing severe turbulence in the traffic stream.
Consequently, rear-end and side-swipe collisions between following
cars are reduced.
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Chap. 4 / Functional Circulation Systems
Contrary to popular belief, the use of frontage roads is not a good technique to limit
direct access to an arterial street in urban or developing urban areas. As shown in
Figure 4-22, 64 major conflict points are created. When development occurs along the
frontage roads, especially commercial development, the resulting traffic volumes result in
congestion and accident potential as a result of the low-capacity, overlapping maneuver
areas, close proximity of numerous conflict points, and the need for the driver to observe
a large and poorly defined area.
Location and Spacing
No direct-access drive to an arterial should be located within the operational area of a
signalized intersection. Short spacing between unsignalized access drives compounds the
driving task by requiring the driver to watch for ingress and egress traffic at several points
simultaneously while maintaining lateral and longitudinal control of the vehicle together
with monitoring several vehicles ahead, behind, and in adjacent lanes. Longer spacings
simplify the driving task by reducing the amount of information which must be simulta-
neously acquired, processed. and reacted to and increasing the time between medial and
marginal conflict points.
Table 4-6 presents the access-drive spacing that is needed to eliminate overlap of the
conflict areas created by a vehicle making a right turn from a driveway and entering the
through traffic stream. Thus. it represents the minimum driveway spacing which allows
the driver of a through vehicle to monitor one driveway at a time. rather than two or more
simultaneously. As indicated by footnotes (b) and (c) to Table 4-6. notice that very high
speed differentials will result even at relatively low speeds. Therefore. they should be
interpreted as the minimum spacing at which adjacent access drives begin to function as
independent intersections.
Major and Buckley [18] have indicated that. from the standpoint of delay to vehicles
entering the traffic stream and the ability of the traffic stream to absorb vehicles exiting
from driveways. numerous driveways at close spacings result in delay and cause conflicts
which increase the traffic hazard. On the other hand. d~iveways spaced at distances greater
than 1.5 times the acceleration distance will reduce delay to vehicles entering the traffic
stream and will improve the traffic-absorPtion characteristics of the traffic stream. Mini.
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Figure 4.22 Conflict points with parallel frontage road.
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C~ 6 / Access and S;te Circ(J)
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Paint stripe,
14 inches, yellow
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Approach geometry (feet)
Departure geometry (feet)
all speeds
R! L3
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Arterial
speed (mph) LI L a W1b II' C RI
2 2
45 desirabled 120. 250.
limiting" 10.0. 130. r 16 20.
40. desirable 120. 190. f 12 18 15
limiting 90. 10.0. 12 20. 10.
35 desirable 90. 120.
limiting 60. 60.
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16
16
15
10
15
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5
a
20.
20.
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a Maneuver distance only: does not
include storage for more than one
vehicle.
b Excluding curb and gutter,
C Stripe to back of curb.
d 1 a mph speed differential, 7 fps2
average maximum deceleration.
'15 mph speed differential. 9 fps!
average maximum deceleration.
f Any set of L I L! values may be
used with any set of 1I'!II'2R I
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Fig~re 6-2 Suggested design for undivided driveway access to
arterial streets. SOURCE: Vergil G. Stover [2].
Where the driveway spacing is less than that necessary to accommodate a right-turn
deceleration lane (Figure 6-4) and stilI have substantial lengths of curb between successive
driveways, a continuous right-turn lane should be considered (Figure 6-5). Any continuous
right-turn lane should tenninate at signalized intersections. The termination should be
accomplished by a channelizing island which forces all traffic in the lane to turn right at
the intersection.
Whenever a channelizing island is used at the tenninus of a right-turn bay or lane,
the inside curb return radius should be a minimum of 75 feet. This will provide an island
of sufficient size to allow for landscaping and enhanced visibility. The absolute minimum
radius necessary to provide for an island of minimum legal size is 50 feet.
Designs to Restrict Certain Movements
"
In some instances, it is desirable to prohibit certain movements through the use of
channelizing islands (Figure 6-6). Signing and pavement markings are not effective in
eliminating prohibited movements. The geometry must physically define and block the
movements which are prohibited. Use of a channelizing island which prohibits left turns
in and out (Figure 6-6) is suggested on arterials without a median and on one-way streets,
The installation of supplementary one-way drives reduces the number of turning
vehicles at a T-intersection on a divided arterial having a barrier median (Figure 6-7). The
supplementary drives might be installed to serve egress or ingress maneuvers or both.
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- persons from the agencies represented on the policy com- agencies have community participation guidelines which
mittee, from agencies that will contribute to or use the re- must be followed for projects that they will fund.
suits of the planning process, and other technical personnel Community participation is a process of information ex-
that can contribute to the program. change to inform the citizens fully and continually about
The concerns of the participating agencies should be plans for and activities in the planning process. Comments,
identified by the technical committee at the outset of the questions, and criticisms should be solicited from the citi-
process so they can be incorporated and addressed in the zens and are considered as part of the planning activity.
program design. Involvement of these technical personnel One of the keys to a successful cOIpmunity participation
is important to assure the credibility of the technical infor- process is feedback, wherein the planning staff responds to
mation produced by the planning process. If staff person- citizens, indicating how all specific community comments,
ne! endorse the planning activities, the policy board questions, and criticism were considered. The process must
counterparts are more likely to do so. This is not always also include well-organized and publicized community
true, however, and the program manager should always be meetings, considerable media participation, and a cop,tinu-
alert for situations where there are "hidden agendas." The ous flow of information. '
technical participants can provide useful guidance in such For a large metropolitan area, a hierarchy of committees
situations. is a useful way to organize community participation. The
It is important to be open to comments and concerns of smallest element of such a hierarchy is the neighborhood
committee members and to respond expeditiously to them. group, which considers matters of particular importance to
The members must feel that they are full participants in each individual neighborhood. Information prepared in the
the planning and decision process. They must be involved planning program should be explained at meetings in
from the beginning so they will feel ownership of decisions. neighborhoods throughout the planning area. Several
Their involvement in selection of evaluation criteria and in neighborhood groups can then be combined for corridor
evaluating alternatives is especially important. All partici- meetings to address issues that relate to the full extent of
pants in the planning program must feel that the resulting each transportation corridor. Having several neighbor-
plan "belongs to" them. hoods meet together for corridor issues gives support for
common concerns but also permits participants to under-
stand different positions of other neighborhoods. Commu-
nity wide meetings would follow to bring out issues from
Everyone in the community is a transportation expert and the various corridors.
has an opinion about how to solve the transportation prob- Achieving effective community participation requires
lem. They use or see the system perform every day, usually repeated solicitation of citizen involvement in the planning
at the times of its worst performance, the peak periods. process. The community participation program should be
Those people pay for the solutions, so they must be given initiated following completion of the program design and
an opportunity to voice their opinions about what the solu- at least by the start of the technical planning program (in-
tions should be. The key word is opportunity-a public in- ventory existing conditions in Figure 4.1). Interaction with
formation program about the transportation planning the community can occur at any number of points in the
process must reach as many people as reasonably. feasible process but is especially important early, to explain the
and must provide opportunities for them to express their program; following the baseline evaluations, to identify
opinions. Whether or not the people express their opinions problem areas; after principal options have been tested, to
15 their choice, but they must recogmze that they havetliaC-<fesctffietne-lnitiatTe~ts;-an{t'"afterfine'tUIringLhe-pre---m _____
opportunity. ferred projects, to sample the mood of the community re-
CommunilY participation is a process in and of itself garding possible recommendations.
and may involve numerous committees. Organizing com- Information pre~nted should also be widely distributed
mupity participation, is usually, much more involved than in the community, such as in monthly newsletters, for the
organizing the policy and technical committees. Commu- benefit of persons not attending formal meetings. C.ontinu-
oity participation can be as important as the technical:, ing participation can occur in "store, front~ offices, also in
process because. without the support of the electorate, the neighborhoods, that can be visited by citizens at any time.
responsible agencies will probably not be able to implement
the recommendations of the planning program. In the con-
tinuing planning program, community participation is an
ongoing effort to brief the media and key citizens organiza-
tions whose. support or interest is necessary for particular
projects or activities.
The principal goal of the community participation pro-
gram is to assure that residents have a part in the planning
program, thereby also making the results of the planning
process credible in the eyes of the electorate. To do this the
. community participation program must demonstrate that
the planning process is open, accessible, and responsive to
citizens concerns. The community participation process
4.3.3
Community participation
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4.3.4
Program design
Major technical efforts must be carefully thought through
before they begin in order to assure that they are effective
and efficient. The product of such consideration should be
a program design document that is preparia by the key ac-
tors, using other technical and management personnel as
necessary. The lead agency will organize a committee of
technical personnel to prepare the' program design.
The program. desigll must be tl~orough and dynamic so
that it clearly specifies what will be done, by whom, and
when, yet is adaptable to changing situations. It is important
Urban Transportation Systems 91
..
Environmental Considerations in Traffic Engineering 985
@
t INTEGRATING LAND USE AND TRANSPORTATION PLANNING
f AT THE LOCAL SCALE
Chapter II, Urban Transportation Planning, and Chapter 12, Statewide and Re-
gional Transportation Planning, contain discussions of land use considerations. Land
use and transportation planning can be coordinated to reduce the adverse impact of
traffic in several ways:
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1. Land use patterns can be established to encourage transit usage and, thereby,
reduce vehicular emissions.
2. The transportation network can be designed to minimize vehicular hours
of travel, thereby reducing emissions and noise.
3. Land use plans can be coordinated with transportation plans to reduce the
exposure of residential areas to heavy traffic movement.
4. Land use controls can be established to preserve capacity and minimize ribbon
commercial development along major radial routes.
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The 1962 Highway Act provided the basis for better coordination of land use
and transportation planning by requiring that there be a "continuing, cooperative,
comprehensive transportation planning process" in all urban areas of over 50,000
population.
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Land use patterns to encourage transit. The development of land use plans to
encourage transit usage generally involves higher densities along existing or proposed
transit corridors. This increased density provides the market for transit ridership to
the CBD. The result may be a higher proportion of transit ridership and a consequent
reduction in the use of the private vehicle. This translates to lower ,air pollution and
noise.
Transportation network to minimize travel. Systems planning usually seems to
minimize vehicle milesand.."ehicle hours of travel. The proper balance of freeways,
arterial streets, and public transit will result in a compromise situation in which
vehicle miles and vehicle hours are minimized consistent with capital investment and
operating cost for highways and transit. Reductions in vehicle hours of operation will
reduce air pollution and noise.
Protection of residential areas. Transportation networks should be selected in
such a way that existing residential areas are protected and that a framework for
logical development of future residential areas is provided. The design of the network
with adequate spacing allows the development of residential areas between the major
segrnents. The network must have sufficient capacity, however, to eliminate through
traffic in the residential area. This design minimizes transportation noise levels within
neighborhoods and reduces the number of accidents.
.~
Land use controls and the enl'ironment. Heavy traffic flow can serve as a catalyst
for ribbon development and frequently reduces capacity on the major arterial facility<..,
Land use controls, when properly applied, can restrict undesirable development
and/or can provide design solutions such as control of access or driveway design that
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Introduction
Streets are pu6tic spaces for many activities and functions. They pennit the diffusion of
light and circulation of air. They offer opportunities for providing landscaped vistas, trees
,__.___,____, .,_,_,.JDd.shrubs..pathslOLwa1king..placedorJalking..rights~f~wayJor.uti1ities,-and- ' among...__.,.--
all these other activities-facility for the movement, stopping. and storage of motor
vehicles. Some streets open up into squares, others narrow intoa11ey~ Some achieve fame
or notoriety, most are known only to their residents and those who pass through regularly.
The fIrst function of residential streets is to serve the land that abuts them. They'
provide for access to homes by all who enter and leave;and all who deliver and collecL
But they Me also routes for those who Wish only to pass through the area. It is here thai
conflict arises,for there is a basic distrepancy between the impact of vehicular traffIc and' ,
the tranquility of a residential streeL The inherent kinetic energy of a moving vehicle
produces noise, and contact with a hapless person, a fixed object, or another vehicle may
cause a disastrous dissipation of that energy.' If propelled by an internal combustion en-
gine, the vehicle emits noxious and polluting fumes. If parked, it takes up space and blocks
views and sight lines.
The street might well be a place not only for walking and mechanid1 transportation,
but also for social activities: outdoor play of young children in, front of their homes, the
elderly sunning themselves on minipark benches, residents crossing to drop in on neigh-
bors, joggers and cyclists partaking of healthful exercise. All these and more activities are
imperiled by fast or heavy traffIc streams.
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Thee specific fonns of "unwanred ttaffict recOgna::~_~i~~~~~~;@
. Traffic using the streets as shortcuts, detours (such as going around a residential
block because of a left-turn prohibition on an abutting major street), or overflow
from a congested arterial.
. Excessive traffic speeds.
. Use of curb parking spaces (with related vehicle movements in search for and leav-
ing such spaces) by drivers whose destinations are outside the neighborhood.
Often, such intrusion is possible because the geometry of street networks and of in-
dividual streets was fIxed long before such conflicts had been visualized. But even
"modern" residential subdivision streets may experience neighborhood traffIc problems.
While newer designs may have mitigated the problem of unwanted through traffIc, they
have, with their generous radii of curvature and ample parking lanes, done little"to reduce
problems of speeders and unwanted parkers.
The pervasive conflict between traffIc and residential uses has been tolerated to a
greater or lesser degree throughout the world. However, demands of residents for ameliora-
tion of their environment have been growing; since 1960, considerable literature in the
planning and transportation fields has been devoted to analyzing the problem and outlin-
ing possible solutions.
This book sets forth the basic issues and goals involved in designing and operating
circulation systems in residential neighborhoods to provide a more compatible relation-
ship between home and traffic. It covers the planning principles and processes involved,
discusses alternative design approaches, and reviews traffIc management and control tech-
niques and their likely impacts. It then sets forth some procedures for evaluating neighbor-
hood traffIc management proposals and suggests strategies for implementation.
In moving toward a solution to neighborhood traffic problems, the skills of the
politician, lawyer, and budget analyst are often needed. But the solutions tend to be those
of planning, design, and operations. This book is especially intended for the creators of
such solutions-urban planners, traffic engineers, and the neighborhood residents them-
selves.
The urban planner will bring to this effort a recognition of the importance of healthy ,
vital residential neighborhoods to the well-being of the urban environment, as well as an
understanding of the social role of the street in the daily life ofits residents. The traffic en-
gineer will recognize the role of the street as an artery and as a foot and cycle path, and the
relevance of residential street problems to the basic goals of traffic control, which are to
enhance:
---. --------------------
1. safety
2. efficient movement of vehicles consonant with local conditions-arid the sat'etjoo:' '
jective
3. environmental goals, such as accessibility forlocal traffic, minimization of unneces-
sarytraffic, and enco~gementC)f changes iIfmodat choice where this promotes the
quality of life and/or specific objectives of a neighborhood'
The residents must be part of the process; their contribution is the articulation of
- values and priorities, their response to proposed plans and designs-perhaps offering in-
genious alternatives of theirown-and their willingness to assist in the eventual implemen-
tation. -
Neighborhood traffic management does require ways of thinla"ng that may be new
to both planners and engineers. Planners, who have usually focused on land uses, will fmd
a need to pay closer attention to the traffic impacts of their work. Engineers, whose tradi-
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. Road safelY is greater in newly built residential districts than in older neighbor-
hoods.
The safely of children is of particular concern. It is difficult to prevent children from
occasionally playing in the street or, more frequently, from running into the roadway in
the progress of play; it may, in fact, be desirable to have children ride bicycles in the road-
way as a learning experience for the time when they will use bicycles as a general transpor-
tation mode. The safety literature on traffic accidents involving children includes the
following findings:
, '
Most accidents involving children occur in the vicinity of their homes, as might
be expected. One report (Bennett, 1974) reports that 84 percent of children aged
less than 10 in four London boroughs were injured within 800 meters of home.
Similar findings were reported in Verkeer and Waterstaat 1982, SWOV 1980,
and Wade et al. 1982.
In Germany, 55 percent of accidents involving children happened on roads in
residential areas (pfundt, 1977).
Seventy percent of all accidents in the Netherlands involving children under 6
occur on streets carrying fewer than 3,000 cars per day (Bakker 1974).
In a study of over 2,000 pedestrian accidents in 13 U.S. cities (Snyder and
Knoblauch, 1971), slightly over 50 percent of all accidents involved youngsters
under 15 years of age.
In Great Britain, a 1978 report showed that pedestrian deaths for children aged
between 5 and 9 represented 18.6 percent of all traffic deaths in this age group,
compared to 5 percent for the total population; for the 10- to 14- year age group
the percentage was 11.4 (Foot et al., 1982).
Accidents involving children up to 5 years old often occur between intersections
on local roads, while older children are more often involved in intersection ac-
cidents and on busy streets (SWOV, 1980, Verkeer en Waterstaat, 1982).
From safety research, with special emphasis on traffic safety of children, the Or-
ganisation for ECQnomic Co-operation and Development (OECD) drew the fO,llowing con-
clusions (OECD, 1983):
Strict differentiation of streets according to their function leads to safe residen-
tial areas;
Full separation of vehicle, pedestrian, and cycle movement is accompanied by
very low accident rates;
Cul-de-sac streets are safer than loop streets ancrconsiderably safer than ordi-
nary through streets;
On those roads providing a distributive function, accident rates are minimized
where frontage access is prohibited and the layout of the residential develop-
ment is such that pedestrians and cyclists have no' need to use routes that run
alongside highways.
Space-sharing techniques like "Woonerven" (see Chapter 4) make drivers more
aware of their responsibilities toward the more wlnerable groupS....
Conflicts
The concern for safety on residential streets is a guiding factor in street design. The problem
of safety, however, is rooted in the conflicts that exist among users of street space. Streets
are public property, and therefore belong to everyone. In reality, however, some users have
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proceed accordingly. But collectors and major streets also are home to residents in many
communities. Along these streets, the relationship of street space to buildings, and sucr
features as setbacks, landscape treaunents, building orientation, construction materials, and
ground floor uses can be major determinants of whether residents will consider traffic a
serious concern. There are many cases of multiple dwelling units along streets with heavy
traffic where appropriate building design and construction have been used and residents
are not troubled by traffic. Similarly, there are cases where single-family homes are lo-
cated along busy streets, but are set far back from the road and protected from traffic by
fencing and landscaping. On the other hand, there are many ex~ples in which land use
and street use are poorly matched, for example, where modest homes line a busy street and
are assaulted daily with noise, fumes, and other adverse traffic impacts. Thus residen(traf-
fic problems can and do arise on collectors and major streets, and may require special ef-
forts to balance residents' needs with those of the traveling public.
Hereafter in this chapter, when we speak of residential streets we will mean local
streets unless we specifically state otherwise. This leads us to set forth some additional
principles about the appropriate uses of local residential streets:
frr-p <g tP/D t1 f.\ ) L J P . (Local) residential streets should be protected from through traffic; vehicles travel-
1'__ ' ,I].." f\ Ib:l ing on these streets should have a trip origin or destination in the area served by
l\J-.lD lRYIAf" ~~. them. '
~ tl...t Ru (L ~L (?ESt DEt-:r'\I\t.Residential streets should be protected from vehicles moving at excessive speeds
'. (greater than 25 to ~O niph (40 to 45 km/hr)).
1:> 'j D E ~ ; h I <t-1 U'h-. · . ~~i.dential streets should be protected froin parking unrelated to residential ac'.
lJ {f\ ~ eO ~ \..5 ~ tlVlbes.
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In order to attain these results, the following planning concepts apply:
· Street layout, design, and control should express and reinforce street function.
. The overall street network should, include s~ts designed to accommodate
through traffic, as well as residential streets. . '
. Residential streets should be linked to'traffic-carrying streets in a way that simul-
taneol1!ly provides good. access to other parts of the community and region and
minimiies the chances of the residential streets'. use by through traffic.
,. Land uses along streets intended to carry through traffic should be selected and
'-~-------'-deSlgned to muwmze thell" seDSluvifY. to adverse iiaHiCimpacts; when possfbfe,--'-
uses that can benefit from the greater aCcessJ."ility and public exposure that major
streets can provide should be the ones located on such streets.
· Strategies for reducing auto dependence both by residents and by others are
legitimate tools of traffic management for residential streets.
.,. . A.pplying-these planning concepts may raise questions about the role of transporta-
tion profesSionals and others in the processes through which traffic management plans are
initiated, developed, approved, and implemented. We take the view that residents have a
right tolivable neighborhoods, and that transportation professionals have an obligation to
help assure that streets are designed and managed to support that end. More specifically:
. Residents in existing neighborhoods should have a say in the design:' function, and
operation of the stteets on which they live; they should be able to participate in
Planning for more livable neighborhoods and have a right to make their pre"feren-
ces known to decision-makers. At the same time, other interests often will be af-
fected by residential traffic controls-business and industry, commuters, even
neighboring communities. These interests also should'be considered in, and given
access to, the planning and design process.
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Planning for Traffic
Control
PLANNING OBJECTIVES FOR RESIDENTIAL STREETS
Residential streets provide a major part of the fabric of cities. How well they function can '
determine the quality of a city, its safety, comfort. and convenience and the well-being Of
its citizens:Planning forresidential streets is thus a critical government responsibility . Such
planning is based in government's duty to protect the public health, safety, and welfare, as
well as in its interest in preserving public and private investments and in strengthening the
social networks that successful residential neighborhoods support.
Residential street design and traffic control, therefore, should serve neighborhood
protection and quality of life objectives. Residential streets should:
. Permit comfortable and safe pedestrian and bicycle movements as well as
motorized vehicular movements, and protectvulnerable users such as children, the
disabled, and the elderly.
. Accommodate convenient and efficient pickups and deliveries, emergency access
(fire, police, ambulance), and maintenance services, and-where-'densities jus-
tify-bus or paratransit services.
. Enhance the overall aesthetics of the neighborhood through well-designed street
layout and street landscaping.
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The primary function of many residential streets is to provide access to abutting trip
origins or destinations, not to provide through movement; their planning and design should
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Chap. 4 I DESIGN AND REDESIGN OF NEIGHBORHOOD STREETS
Designing for the Appropriate Travel Speed
It is an internationally accepted rule that motorized traffic must drive slowly in residential
districts. An emergency stop at 35 mph [55 km/h] takes a stopping distance ranging from
115 to 165 feet [35 to 50 m] for an automobile. This distance is not acceptable so long as
drivers can be faced at any moment by children or pets playing or suddenly crossing the
road.
Moreover, research has shown that pedestrians are usuaU y not seriously injured when
hit by a car moving at a speed of less than 20 mph [30 km/h] at the time of impact. If im-
pact speeds are between 20 and 35 mph [30 and 55 km/h], injuries are usually serious,
while above 35 mph [55 km/h] they usually endanger life or are fatal.
Designers need to understand the relationship of their designs to travel behavior and
especially to the travel speeds of drivers, pedestrian circulation, and bicyclist behavior. An
activity diagram (Fig. 4.16) can show how different types of users will move through the
street space. The lines or cones of sight of motorists need to be drawn. Critical viewing
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DEVICES FOR NEIGHBORHOOD TRAFFIC CONTROL
81
where the protected street is a major street (primarily in the United States).
where sight distances approaching the intersection are substandard, and traffic
approaching under the general rules regarding uncontrolled intersections would
run a substantial risk of being involved in collisions.
where there is a record of an accident pattern amenable to mitigation by right-
of-way controls, yet conditions do not appear to justify requiring traffic on both
streets to stop.
Four-way Stop. This type of intersection control is more common in the United States
than elsewhere. Intended primarily where two collector or major streets intersect and where
funds for a traffic signal are not available, it has frequently been used in response to com-
plaints by the public about excessive speeds with indifferent results. The unnecessary stop-
ping of all vehicles adds to noise, fuel consumption, and emission of air pollutants-earbon
monoxide, hydrocarbons, and oxides of nitrogen.
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Numerous studies have been prepared regarding the degree to which stop signs are I
obeyed. Generally, when not required to stop by cross traffic, only 5 to 20 percent of all: .~
drivers will come to a complete stop, 40 to 60 percent will come to a "rolling" stop below t
,5 IE-ph ~8 km/h), and 20 to 40 percent will pass through at higher speeds. Signs placed on ,r
majofand coUectorstreiiS1or'iliepiiij)ose ofspeeareaiicuon arelliemosfflagrantIfviO~------ -- --~-;
lated. Thus, stop signs which do not meet the standard warrants tend to some extent to be
ignored by drivers, whereas signs placed for right-of-way purposes are more likely to be
obeyed. .
a. Effect on Traffic Volume. Where local streets offer significant savings in time
over congested parallel major and collector routes or allow avoidance of congestion points,
stop signs will do little to reduce traffic volume. But when the local street offers marginal
travel time advantage over other routes, the time lost at stop signs may be enough to shift
traffic.
~
b. Effect on Traffic Speed. Requests from citizens for ins~lation of stop signs are
usually related to desire for speed control. The general conclusion from numerous studies
on effectiveness of stop signs as a speed control measUre is that they have liule overall ef-
fect on speed, except \\,ithin approximately 200 feet (60 meters) of the intersection con-
trolled. They are almost ~niversally reported to have little or no effectiveness in controlling
mean or 85th percentile speeds at midblock. A possible reason why resident beliefs about
the speed control effectiveness of stop signs is contrary to the findings of engineering
studies is that there is some evidence that stop signs do reduce themidblock speed of the,
fastest vehicles in the traffic stream. It is probably these fastest vehicles, rather than those
traveling at the median or 85th percentile speed, that disturb residents. Elimination of ex-
treme speeding by the few very fastest vehicles could satisfy the residents' concerns
without altering the 85th percentile or median speeds at all.
Another reason why neighbors may feel stop signs to be an effective speed control
device is that they perceive traffic slowing down and stopping at the controlled intersec-
tion as a real benefit; regardless of what effect the signs have on midblock speeds.
Pedestrians are trained to cross at intersections; so a measure which reduces speeds and
creates gaps inthe vehicle stream there can logically be thought practical. Hence, engineer-
ing studies which have found stop signs ineffective for residential area speed control may
have considered an irrelevant data base.
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c. Effect on Traffic Noise. Air Quality. and Energy Consumption. Stop signs tend
to increase noise in the vicinity of an intersection by adding acceleration and braking noise.
Deceleration, idling, and acceleration increase air pollutant emissions and fuel consump-
tion; carbon monoxide, in particular, has an adverse impact on the immediate vicinity of
its emission.
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Chap. 6 / IMPLEMENTING NEIGHBORHOOD TRAFFIC CONTROLS
developing the traffic management scheme itself but as a program which lays solid
groundwork for defense against legal challeng~s that may ensue.
Conformance to Traffic Control and Design Standards
Even if the authori~y of a jurisdiction to control traffic in neighborhoods is clearly estab-
lished, questions may ~se about the means by which it may do so. In particular, the types
of devices or designs that can be used to control traffic may be at issue. There also may be
questions about the need to follow "warrants," or established guidelines for the applica-
tion of certain devices.
In most states iri the United States, traffic control devices are required to some ex-
tent to comply with the MUTCD or with parallel state manuals, which specify both designs
for the devices and warrants for their use. There is considerable variation in the wording
and intent of the legislation or r~gulations calling for such compliance; in some states com-
pliance is mandatory, while in others varying Qegrees of discretion are permitted.
Compliance with the MUTeD can be problematic because many of the devices com-
monly used in neighborhood traffic management schemes--diagonal diverters; semi--
diverters, retrofit cul-de-sacs, speed control circles, undulations-are not addressed in the
-------'--- ,----~-' -- - -,-- --------- ,-- - "MUTGD;-Particularly-in-states-where-complianceis-maIldatory;1:hereiS1:he-concernLhat;----
upon court challenge, removal of the devices may be ordered because they are not found
in the MUTCD or the state manuals. There is further concern in such states that motorists
involved in accidents may contend that the use of a noncomplying device amounts to a
negligent act on the part of the local jurisdiction which was contributory to the accident.
The most straightforward response to these issues would be for the MUTeD and
parallel state traffic control manuals to be updated to include specific standards and
guidelines for neighborhood traffic control devices--diverters, semidiverters, retrofit cul-
de-sacs, undulations, and the like. An alternative direction is to define some of these
devices as "geometric features of the road" rather than as "traffic control devices." One
state which has taken this alternative action to legitimize sucQ devices is California.
When statute pennits the local jurisdiction to exercise discretion in the use of traf-
fic control devices and designs, the MUTCD or other manuals are generally admissible
only as_ evidence of the standard of care. A study of relevant cases found that the MUTCD
was Considered "as "neither an absolute standard nor as scientific truth but as illustration
and explanatory material along with other evidence in the case bearing on ordinary care. "I
"Other evidence" might include documentation of the need for the particular type of device
or design, as well as a careful assessment of its expected performance.
Tort Liability
~
Many communities hesitate to implement traffic management schemes because they fear
lawsuits by drivers, passengers or passers-by who may be injured in traffic accidents in-
volving (or simply near) a neighborhood traffic control. Such liability exposure can be
minimized by basing the neighborhood traffic scheme on authorized traffic control devices
and street geometric featuresfor which there are recognized standards of practice. For ex-
ample, a traffic diverter might be created using standard curbing, median designs, direc-
tional signs, and roadway markings.
When a plan utilizes features not clearly covered by the MUTCD or other standard
sources, the local jurisdiction (and responsible staff members) can take'steps to reduce
1 Thomas, Larry W., Liability ofS/Qt~ and Local Governments for Negligence Arising OUl of tile /nstallalion and
Mainlenance of Warning Signs, Traffic Lighls. and Pavemenl Markings. NCHRP Research Results Digest No.
110. Apri11979; emphasis added.
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LEGAL ISSUES
123
potential liability by assuring that the need for the features was clearly established in writ-
ing,and that a thorough evaluation of their potential impacts was conducted. Some juris-
dictions have developed local design standards and warrants for the installation of such
devices as diverters and traffic circles. In any case, a traffic control device or scheme should
be designed so that a reasonable driver acting reasonably and exercising ordinary care
would be able to readily perceive the intent of the device and safely negotiate that area of
the street system.
Other Legal Requirements
In some jurisdictions, additional legal requirements must be met in order for a neighbor-
hood traffic control plan to be valid. In particular, some states in the United States require
formal studies of any action that could have a significant effect on the environment. Neigh-
borhood traffic control plans that divert substantial'amounts of traffic potentially could
have-such an effect if traffic flow on alternate routes worsens, for example, air pollution
and energy consumption could increase due to additional stops and starts and lower speeds.
Longer routes could produce similar effects. Thus an environmental study may be needed.
Other states or local jurisdictions have requirements for public notice and hearings
for actions that change circulation plans; still others ~uu:e _r~~j~_\\'J~YJ!~,e du!YJ!~watrA __
-planningrommissiC5ICIn-generaI~ocaIJUiisarctfons should talce care to comply with all
such requirements, since failure to do so could be grounds for a lawsuit.
Challenges Based on the Plan's Impact
Even when there is no question of lack of authority, or of noncompliance with standards
or other legal requirements, neighborhood traffic control actions are sometimes challenged
by opponents. One ground of action is that property owners' access has been limited. In
general, however, unless access to the property in question has been denied completely,
the courts have not considered the inconvenience suffered sufficient to challenge the diver-
sion; the courts generally have treated the inconvenience as "an incidental result of a law-
ful act. ,,2 ,
Another challenge to traffic restriction may come from travelers, who may complain
that they are discrimi~ against by a neighborhood protection scheme. Such complaints
in the past have been made on the ground that the injured party has been denied equal
protection as provided by the 14th Amendment to the U.S. Constitution. However, in a
case dealing with resident permit parking, the U.S. Supreme Court said:
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A comm unity may also decide that restrictions on the flow of outside traffic into par-
ticular residential areas would enhance the quality of life. thereby reducing noise,
traffic hazard, and liner. By defmition, discrimination against nonresidents would
inhere in such restrictions.3
~
The Court thus cast substantial doubt on the likelihood that equal protection could
be successfully used to challenge an action restricting traffic merely on the grounds that
nonresidents are treated differently from residents.
, In general, challenges to otherwise authorized traffic control schemes on the grounds
that they cause incidental inconvenience to some parties are likely to fail; a community
may divert traffic and partially restrict access, but still successfully withstand a legal chal-
, 2 See, e.g., Mackie Y. CiJyofSeatlle, 1978.576 Pacific Rcponer. 2<1., 414.
3 Calmly Board of Arlington Y. Richards, 1977. 434 Uni~ States Reponer 5,
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January 9,2001
Port of Houston Authority
Ted Walters
P.O. Box 2562
I1o~&ton, Texas 77252-2562
H~flt Mr. Walter:
if'"
'Enclosed you will find three original contracts which were adopted by City Council on
January 8, 2001. Please sign all three and return one to me at 604 W. Fairmont Parkway,
La Porte, Texas 77571.
If you have any questions, I can be reached at 281-471-5020 ext. 221.
Sincerely,
Martha Gillett
City Secretary
/mg
enclosures
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NO BACK UP PROVIDED FOR THIS ITEM
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REQ.T FOR CITY COUNCIL A~DA ITEM
Exhibits: Ordinance
SCUP #01-001
General Plan
Area Map
Mail Out Response
Annropriation
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Requested By: DOU2 Kneuppe
Department: Plannin2
Report: Resolution: _Ordinance: -X-..
SUMMARY & RECOMMENDATION
Environmental Structures, Inc., on behalf ofP&O Cold Logistics, proposes to build a 65,000 sq. ft. cold storage/warehouse expansion
to the present facility located at 502 N. Broadway. P&O Cold Logistics has a 32.7-acre site within R-2, Business Industrial, and PUD
zoning districts (see attached exhibit). This planned expansion will be within the PUD zoned area. Developments within PUD zones
require the approval of a General Plan along with a Special Conditional Use Permit (SCUP).
In April 1990, a Special Conditional Use Permit was approved for the existing warehouse facility previously known as International
Cargo Network (ICN) at 502 North Broadway. The existing building with loading docks and parking areas was completed in 1991. All
the conditions stipulated by the 1990 SCUP have been met.
During review of this proposal, staff considered the areas of land-use, utilities (including drainage), beautification, public safety,
transportation and parking. All areas have been addressed with the exception of truck parking. With the existing facility and parking
configuration, there are times when tractor/trailer rigs park along the shoulders of North Broadway in front of the cold storage
warehouse. The applicant provided testimony to the Planning & Zoning Commission stating that the addition of concrete paving,
along with additional loading/unloading stalls for the trucks, would provide enough on-site refuge for the trucks. I
The Planning and Zoning Commission, during their February 15, 200 I meeting, held a public hearing to receive testimony regarding
this request. Twenty-two (22) notices of public hearing were mailed to neighboring property owners. Three favorable responses were
received. The Commission, by unanimous vote, has recommended Council approval of Special Conditional Use Permit #SCUO 1-00 I
with the following conditions:
I. The applicant shall take a comprehensive look at the existing and proposed truck parking and truck circulation
systems and provide on-site improvements that adequately handle the volume of trucks associated with this
warehousing facility.
2. A statement from the owner/developer specifying clear responsibility for maintenance of detention basin system
including channel/ditch shall be noted on the plan.
3. Development abutting "R-2" district shall be screened and landscaped in compliance with required screening and
landscaping Ordinance of the City. A site plan and/or separate plans shall be submitted in conjunction with the
building permit applications. Landscaping is required in percentages specified in Section 106-522 of the Code of
Ordinances. The owner or tenant shall develop a screening plan that includes a combination of trees, shrubs, and
ground cover that after three years will be at least twenty feet in height and creates a continuous visual screen.
4. The applicant is responsible for public hearing costs of$148.58.
5. Development is subject to all ordinances and regulations of the City of La Porte and all other applicable law.
If approved, the next step for the applicant would be to submit, for the Commission's consideration, a Major Development Site Plan.
Action Required bv Council:
I. Conduct public hearing.
2. Consider approval of Special Conditional Use Permit #SCUO 1-00 1.
ADnroved for City Council A2enda
Q~~
Robert T. Herrera, City Manager
3.17...-0\
Date
e
e
ORDINANCE NO. 1501- NN
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS
FOLLOWS, TO-WIT: BLOCKS 416-419, TOWN OF LA PORTE, HARRIS COUNTY,
TEXAS, TO PUD, WITH A SPECIAL CONDITIONAL USE PERMIT ATTACHED FOR
THE DEVELOPMENT OF A 65,061 SQUARE FOOT COLD STORAGEIWAREHOUSE
ADDITION TO AN EXISTING FACILITY; MAKING CERTAIN FINDINGS OF FACT
RELATED 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 of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 15th of February 2001, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part
hereof for all purposes.
"Section 3. Immediately following such public hearing on February 15, 2001,
the Planning and Zoning Commission of the City of La Porte met in regular session to
consider the changes in classification, which were the subject of such public hearing.
ORDINANCE NO. 150~N N
Page 2
e
The City Council of the City of La Porte is in receipt of the written recommendations of
the City of La Porte Planning and Zoning Commission, by letter dated February 16,
2001, a true copy of which letter is attached hereto as Exhibit "C", incorporated by
reference herein and made a part hereof for all purposes.
"Section 4. Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 19th day of March, 2001, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit
"D", incorporated by reference herein and made a part hereof for all purposes, a copy of
the notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed in accordance therewith, and
the zoning classification of said parcels of land shall hereafter be " PUD - Planned Unit
Development with a Special Conditional Use Permit" for development of a 65,061
square foot cold storage/warehouse addition to its present facility at 502 North
ORDINANCE NO. 150'J:lti
Page 3
e
Broadway, La Porte, Texas. The conditions of said Conditional Use Permit shall be that
the property be formally platted, with phase one of the project being a 16.02 (more or
less) acre tract.
Further conditions are as set forth in the Motion and
Recommendations of the Planning and Zoning Commission of the City of La Porte, and
shall be as set forth within the incorporated terms of the SCUP, a true copy of which is
attached hereto as Exhibit "F". The description of said parcels of land rezoned
pursuant to said SCUP are as follows, to-wit:
Blocks 416-419, Town of La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declare~ that all prerequisites of law have been satisfied and hereby determines
and declares that the amendments to the City of La Porte Zoning Map and
Classification contained in this Ordinance as amendments thereto are desirable and in
furtherance of the goals and objectives stated in the City of La Porte's Comprehensive
Plan.
"Section 8. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
ORDINANCE NO. 150~
Page 4
e
"Section 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the /crt/- day of March, 2001.
CITY OF LA PORTE
B~Yor
ATTEST:
APPROVED:
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 15th
day of February, 2001, in the Council Chambers of the City Hall, 604 West Fainnont Parkway, La
Porte, Texas. The purpose of this hearing is to consider a Special Conditional Use Permit Request
#SCU 01-001, which has been requested for the property situated in blocks 416-419, Town of La
Porte, Harris County, Texas. P & 0 Cold Logistics c/o Environmental Structures, Inc., are seeking
approval to develop a 65,061 square foot cold storage/warehouse addition to its present facility at
502 North Broadway. The proposed expansion will serve as storage/warehouse area for this food
service distribution company. Per Section 106-637 of the Code of Ordinances, a Special Conditional
Use Pennit is required for the development in a Planned Unit Development (PUD) Zone.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHIBrr A
THE STATE OF TEXAS
- -
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In accordance
with the provisions of Sec-
tion 106-171 or the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Govemment Code, notice
is hereby given that the La
Porte Planning and Zoning
Commission will conduct a
public hearing at 6:00 P.M.
on the 15th day of Febru-
ary, 2001, in the Council
Chambers of the City Hall,
604 West Fairmont Park-
way, ~orte, Texas. The
purpose f this hearing is
to consi r a ecial Con-
ditional s ermit Re-
quest # 01-001,
which ha r~ested
for the pr si ted in
blocks 4 T of
La Porte, ,unty,
Texas. P & 0 C Logis-
tics c/o ri onmental
Structures, In ., are seek-
ing approval to develop a
65,061 square foot cold
storage/ warehouse addi-
tion to its present facility at
502 North Broadway. The
proposed expansion will
serve as storage/ ware-
house area for this food
service distribution compa-
ny. Per Section 106-637 of
the Code of Ordinances, a
Special Conditional Use
Permit is required for the
development in a Planned
Unit Development (PUD)
Zone.
A regular meet-
ing of the Planning and
Zoning Commission will
follow the public hearing
for the purpose of acting
upon the public hearing
items and to conduct other
matters pertaining to the
Commission.
Citizens wishing
to address the Commis-
sion pro or con during
Public Hearing will be re-
quired to sign in before the
meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
e
e
t6
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbell.net
l4
77571
re Sun
'Voice OJ T11'e
Po rte
Harris
xas
, the undersigned authority, on this date
appeared Karolyn Kellogg, a duly authorized
tive of The Bayshore Sun, a semi-weekly
published and generally distributed in the
'orte, Harris County, Texas and who after
;worn, swears the attached notice was
I The Bayshore Sun dated 1 /31 /01
-=rfW'O' u ~UCS2
Karolyn Kellogg
Authorized Representative
:ubscribed before me this
,2001.
c;2 ,;(
Ill~
?~
day of
~J,L~
(
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHlsrr B
e
e
City of La Porte
Established 1892
February 16, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during a regular meeting on
February 15, 2001, held a public hearing to consider Special Conditional Use
Permit Request #SCU 01-001. The request, submitted by P & 0 Cold Logistics,
seeks approval to add storage/warehouse to its existing facility located at 502
North Broadway. The proposed addition will be developed in a Planned Unit
Development (PUD) Zone.
The Planning and Zoning Commission has, by unanimous vote, recommended
that City Council consider approval of Special Conditional Use Permit Request
#SCU 01-001.
Respectfully s~
4t7CV
Betty 1. Waters'
Planning and Zoning Commission, Chairperson
c: Robert 1. Herrera, City Manager
John Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning and Zoning Commission
P.O. Box 1115. La POlie, Texas 77572-1115 . (281) 471~5020
EXHIBl1e
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF CHANGE OF DATE FOR PUBLIC HEARING
The previous notice for a public hearing to be conducted by the La Porte City Council at
6:00 P.M. on the 12th day of March, 2001, has been changed to 6:00 P.M. on the 19th day of
March, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte,
Texas. The purpose of this hearing is to consider a Special Conditional Use Permit Request #SCU
01-001, which has been requested for the property situated in blocks 416-419, Town of La Porte,
Harris County, Texas. P & 0 Cold Logistics c/o Environmental Structures, Inc., are seeking
approval to develop a 65,061 square foot cold storage/warehouse addition to its present facility at
502 North Broadway, The proposed expansion will serve as storage/warehouse area for this food
service distribution company. Per Section 106-637 of the Code of Ordinances, a Special Conditional
Use Permit is required for the development in a Planned Unit Development (PUD) Zone.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council,
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LAPORTE
Martha Gillett
City Secretary
EXHIBIT D
e
e
1200 Hwy. 146
Suite 150
P.O. Box 1414
La Porte, Texas 77571
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbelI.net
ore Since 1947'
THE STATE OF TEXAS
S . COUNTY HARRIS
U' CITY O~ L RTE
NOTICE OF CH
DATE F,O
H
The
Sworn and subscribed before me this
,2001.
~/-+h
day of :'-1') /(i ;'L.<'r,
no-
tice for a public hearing to
be conducted by ,the La
Porte City Council at 6:00
P.M. on the 12th day of
March, 2001, has been
changed to 6:00 P.M. on
the 19th day of March,
2001, in the Council
Chambers of the City Hall,
604 West Fairmorif Park-
way, La Porte, Texas. The
purpose of this hearing is
to consider a Special Con-
ditional Use Permit Re-
quest #SCU 01-001, which
has been requested for the
property situated in blocks
416-419, Town of La
Porte, Harris County,
~ex~. P & 0 Cold Logis-
tics clo Environmental
Structures, Inc., are seek-
ing approval to develop a
65,061 square foot cold
storage/ warehouse addi-
tion to its present facility at
502 North Broadway. The
proposed expansion will
serve as storage/ ware-
house area for this food
service distribution compa-
ny. Per Section 106-637 of
the Code of Ordinances, a
Special Conditional' Use
Permit is required for the
development in a Planned
Unit Development (PUD)
Zone.
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who after
being duly sworn, swears the attached notice was
published in The Bayshore Sun dated 3/4/01
~ /'{
I .'
. " , /L(alf:;/i) tx{,{cg;"
Karolyn Kellogg
Authorized Representative
Sandra E. Bumgarner
Notary Public
Harris County, Texas
A regular meet-
ing of the City Council will
follow the public hearing
for the purpose of acting
upon the public hearing
~'tems and to conduct other
atters pertaining to the
unci!.
Citizens wishing
to address the Council pro
--.-- -
or con during the Public
Hearing will be required to
~jgn in before the meeting
IS convened.
i~1'L4/ 1 ~~'--
CITY OF LA PORTE
Martha A. Gillett
EXHIBIT '~~
e
e
City of La Porte
Special Conditional Use Permit # SCUOI-OOl
This permit is issued to:
Envi ron menta I Structu res. Inc.
Owner or Agent
950 Walnut Ridge Drive. Hartland. WI 53029
Address
For Development of:
P & 0 Cold Logistics
Development Name
502 North Broadway. La Porte. TX
Address
Legal Description:
32.6970 acres out of the Johnson Hunter Survey. Abstract 35.
Harris County. Texas. also being lots 1 through 16 in block 415.420 and
428. lots 1 through 32 of blocks 416-419.432-435 & all of block 980.
Zoning:
Planned Unit Development. Business Industrial. & Mid-Density
Residential.
Use:
Permit Conditions:
1. The applicants shall take a comprehensive look at the existing and proposed truck parking
and truck circulation systems and provide on-site improvements that adequately handle the
volume of trucks associated with this warehousing facility.
2. A statement from the owner/developer specifying clear responsibility for maintenance of
detention basin system including channel/ditch shall be noted on the plan.
3. Development abutting "R-2" district shall be screened and landscaped in compliance with
required screening and landscaping ordinance of the City. A site plan and/or separate plans
shall be submitted in conjunction with the building permit application. Landscaping is
required in percentages specified in Section 106.522 of the Code of Ordinances. The owner
or tenant shall develop a screening plan that includes a combination of trees, shrubs, and
ground cover that after three years will be at least twenty feet in height and creates a
continuous visual screen.
4. The applicant is responsible for public hearing costs of $148.58.
5. Development is subject to all ordinances and regulations of the City of La Porte and all other
applicable law.
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.
If construction is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may
be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and
Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full
effect on the portion which is undeveloped.
Validation Date: March 19. 2001
~~~
~~6J a. j{.J1tt)
City Secretary
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I 502 NORTH BROADWAY
LA PORTE. TEXAS 1751
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GENERAL PLA OF:
P8<O Cold Logistics
Existing Facility
502 North Broadway
La Porte, Texas,
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A Meeting of the La Porte
RECEIVED
t9--S--~ I
PLANNING
Planning- and Zo~ Commission
(Type of Meeting)
Scheduled for
February.1S,2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU01-001
(Type of Request)
I have received notice of the above referenced public hearing.
Gin F~ V~ting this request fur the fonowing =0",
I am OPPOSED to granting this request for the following reasons:
P.b, &{)j( ~5:J
Address
Air F () ~ It.: TE;{ 71Y )f
City, State, Zip
1 0 Vr AI Jf 0 7) 1; cJ '7)),,; /1
;V ;J ftt) A fJ JtrIJ I
A 4 po (f7t Th-X )75 'J/
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RECEIVED
;;).~S-()l
A Meeting ofthe La Porte
pll1nning and Zonin2' Commission
(Type of Meeting)
PLANNING
Scheduled for
February.1S,2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCU01-001
(Type of Request)
I have received notice of the above referenced public hearing.
~VOR of granting this request for the following reasons:
". -
I am OPPOSED to granting this request
r the followip:~ reasons:
/
/
/
/
.I
/
,6'; '; / ;J/l ~n '- "- 0
Name (please print)
,[4/# 4N--
Signature
&.Y .s~t?~S"Z-
Address
j/tJ(/ -1?'rP;t~ P-/t/4J '17 Z-Se '
City, State, Zip
e e
RECEIVED
J- J3-Dr
A Meeting ofthe La Porte PLANNING
Planning and Zo~ Commission
(Type of Meeting)
Scheduled for
FebruarY '15, 2001
(Date of Meeting)
to Consider
Special Conditional Use Permit Request #SCUOI-001
(Type of Request)
I have received notice of the above referenced public hearing. ~ ,.---,'
I am in FAVOR of granting this request for the following reasons: ~
I am OPPOSED to granting this re
/'"
./:. the fullowing ,easons
I
I
/
/
/
I
/
/
Name (please print)
~~~, G,//~;/ /L ~
Signature
~/('J - s/.?(Y1'/1 ~~/
Addr~ss .......-
J.1l /1'J1(1;-/4flO 7707 J
I CitY, Stat , zip
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 19. 2001
Appropriation
Requested By: Cynthia Alexander
Source of Funds: N/A
Department: Finanee
Account Number:
Report:
Resolution: XX Ordinance:
Amount Budgeted:
Exhibits:
HCAD Map
Amount Requested:
Exhibits:
Property Offer
Budgeted Item: YES NO
Exhibits:
HCAD Appraisal Record
SUMMARY & RECOMMENDATION
On February 2,2000, property located at 513 S Virginia Street was offered for public bid via a "Sheriffs
Sale". This property was offered because the property owner had not paid taxes on the property for
several years. When no one bid on the property, the title to the property reverted to the La Porte Tax
Office as Trustee for the City of La Porte, the La Porte Independent School District and Harris County.
The property comprises 1 city lot and 2 partial lots and is approximately 61.50' by 130', or 7,995 square
feet. The property also contains a house, which is in a state of disrepair.
The La Porte Tax Office has actively marketed this property for resale and received several bids on the
property. The first bid was for $4,000 and the final bid was for $5,500. The $5,500 bid is a bid by Paul
and Elaine Schraider, who own property adjacent to the property being resold.
The property is on the Harris County Appraisal District Roll with an appraised value of $29,300.
Delinquent Taxes on the property total approximately $21,500 (12 years worth). Since the offer received
for the resale is less than either of these values, it requires approval by each of the three taxing entities
before the resale can take place. If all three entities approve, the sale will occur with each entity receiving
its pro-rata share of the tax distribution.
The improvement to the property is a building that is in ill-repair. Even though we are reselling this
property for less than is due on the property, staff believes the absorption of the loss is necessary to get
the property into the hands of a owner who will remove the existing improvement (demolish the building)
as well as pay taxes on it in the future. It is the responsibility of the purchaser to demolish the existing
structure, and he has agreed to do so within 120 days of the finalization of sell.
ACTION REQUIRED BY COUNCIL:
Approve resolution authorizing the resale ofthe tax properties to Paul and Elaine Schaider.
FUND N/ A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
vm./I;~
ROBERT T. HE , CITY MANAGER
~3- /3 - D J
DATE
RESOLUTION 01-
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3/11/0/
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RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY
TO PAUL AND ELAINE SCHRAIDER
WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of
Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the
property; and
WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by
the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and
WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for
less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all
taxing units that tax the property; and
WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit
offers to purchase such real property and to secure the best offer for such property that is sufficient to pay
at least the costs of suit and sale of such property; and
WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for
all taxes, penalties interest and costs that have accrued up to the date of resale
BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF LA PORTE,
Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit
"A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs
that have accrued on the property up to the date of sale, subject to the approval of such resales by official
action by the governing bodies of the La Porte Independent School District and Harris County.
Section 2. That 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 offices of City of La Porte for the time required by law preceding this
meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this
meeting has been open to the public as required by law at all times during which this resolution and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the 19th day of March 2001.
CITY OF LA PORTE, TEXAS
Norman Malone, Mayor
ATIEST:
APPR~~
Knox Askins, City Attorney
Martha Gillett, City Secretary
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EXHIBIT A
TAX RESALE PROPERTY TO BE SOLD TO PAUL AND ELAINE SCHRAIDER
FOR A TOTAL AMOUNT OF
$5,500.00 (FIVE THOUSAND FIVE lillNDRED DOLLARS).
TRACT 1: LOTS LOT 8 & THE soum 7 FEET OF LOT 9 & THE NORTH 4.58 FEET OF LOT 10
& ADJACENT SlRIP OF BLOCK 240 SAN JACINTO HOMES, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND
COMMONLY KNOWN AS 513 S VIRGINA STREET, LAPORTE, TEXAS 77571.
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ariv OF LA PORTE
HeAD: Appraisal Record Dee
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Page 1 of2
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'-Reaf:ACc5tlflt'Nfjm6~(' Address OWner Nam~Ad\fcffice(f'" )
Pt;lrSonal:AcCQl,Int Number 'Address Owner Nal1'!e 'AC&~nced
R,alProperty AC(;OlJ~t
H,CAD Account # : 06~Q990060007
".,...., .."....' ..
Owner Name: SP~N~E!R' ~RL L, "
Owner Address : 5~~~ "~RGI.NlJ' ST
LA P0R7te TX ,77571-5470
. .,. -. .' ,. .
PrQperty Address : 5:t.~'$.VIRGINIA 5T
, ~'~fl.~TE; Tx '1'1571
Tax Year: 1999
\.,.....\...:.::.....,...,.,., .
Legal DeScription : L "f~' ..._' ... $ 1 FT OFL T 7.
N,4~51. FT OF LT.l0. ADJ STRIP
ElL~ 240
SAN J~ClNTO HOMES
State Class Code : ~U, -,. Real, Residential, Single-Family
Homestead Exemption : -
Special Exemption : -,:,,'
Jurisdiction Codes: 02.0 040 047 071
Overlapping CAE;> :III~
Capped Account: No
Notice Date : 04/~~11~9~ '
ARB Approved : O~t~~1~$-g9
Value Status : AII~ V.~llIes
Ce~fi~4
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Your taxes will be based on Appraised Value, less applicable exemptions, if any.
Use market value for comparison with your neighbors.
Valuation : Previous Change Appraised Market Value
~
Land: 8,000 0 8,000
Improvement : 21,300 0 2:1,.,300
Ag/Tmbr/Spc : 0 0 0
Total Value : 29,31)0 0 29,300
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Note:
For any proqlems or questions wi~h any account, please email Acc04nt Qu~~tiQn~ with
the account number (if you hav~ it) and the nature of the problem t'?f q4es~i9n~ For
technical questions (and technical questions only), please email the'w~f;lma~ter.
L,
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: March 19
Source of Funds: N/A
Requested By: Doue Kneupper
Account Number: N/A
Department: Plannine
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -X-
Amount Requested: N/A
Exhibits:
A. Ordinance for:
1.) Industrial District Agreement
2.) Water & Sewer Service Agreements
B. Industrial District Agreement
C. Water Service Agreement
D. Sanitary Sewer Service Agreement
E. Area Map
Budgeted Item: _YES ...x.....NO
SUMMARY & RECOMMENDATION
Oakwood Capital, L.P., developer of the Unitor Ships Service site in Bayport North Industrial Park, has
recently approached the City for water and sanitary sewer service to serve the site. The business is to be
located at 9400 New Century Drive.
Council has approved a policy to provide utility service to companies located outside city limits and within
the industrial districts. These companies must maintain a current Industrial District Agreement with the City.
Oakwood Capital wishes to pursue water and sanitary sewer service under the tenns of the policy. Based
on the company's stated demand for domestic and industrial process uses, the average daily demand for
water is 6,950 gallons per day (3,450 gpd for domestic + 3,500 gpd for industrial processes). This stated
demand includes utilization of water for the building's fire sprinkler system and landscape irrigation.
Oakwood Capital will pay one and one-half (1-Yz) times the City's current utility rate. The tenn of the Water
Service Agreement and Sanitary Sewer Service Agreement expires on December 31, 2007, plus any
renewals and extensions thereof. However, the agreements shall automatically expire at such time as there
is no effective Industrial District Agreement between the parties or if the city exercises the right of
tennination. The applicant is subject to an administrative fee in the amount of $6,900 for each agreement.
Payment has subsequently been received in the amount of $13,800.
Staff recommends approval of the Industrial District Agreement, Water Service Agreement and Sanitary
Sewer Service Agreement as submitted herein.
Action Required by Council:
Consider approval of an ordinance authorizing the City to enter into an Industrial District Agreement and an
ordinance authorization the City to execute a Water Service Agreement and Sanitary Sewer Service
Agreement with Oakwood Capital, L.P.
ADDfOyed fOf City Council Aeenda
G~ T. t-l~
Robert T. Herrera, City Manager
3.\"2--0\
Date
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EXHIBIT "A"
Ordinance for Industrial District Agreement
&
Ordinance for Water Service Agreement
& Sanitary Sewer Service Agreement
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ORDINANCE NO. 2000-IDA- ~q
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH OAKWOOD CAPITAL, L.P., FOR
THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
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. OAKWOOD CAPITAL, L.P. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the city Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
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
ci ty 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 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this lotH- day of ':1U M r.J.;
, 2001.
CITY OF LA PORTE
By:
~A~
Nor a . Mal e,
Mayor
ATTEST:
AP~ 1/dJ
Knox W. Askins,
City Attorney
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ORDINANCE NO. 2001-~~7~
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND OAKWOOD CAPITAL, L.P.; 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 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; and that this
meeting has been open to the public as required by law at all times
during which this ordinance and the subj ect 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.
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ORDINANCE NO. 2001- ~ ~.ff7 ~
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PASSED AND APPROVED, this IcrJ,L day of ~aJt~
ATTEST:
i/)[JAJJti{A.; DC ,~l~iJJ
Mar ha A. Gille f
City Secretary
A~a!6
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
~
'N rman I.;. Mal e
Mayor
PAGE 2
, 2001.
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EXHIBIT "B"
Industrial District Agreement
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NO. 2000-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and OAKWOOD CAPITAL,L.P., a
Texas limited partnership (Tenant: unitor Ships Service, Inc.),
hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measureS from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District",. such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, city desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said city:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/ or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the un annexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties' which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tang ible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by city's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to city if all of said new
construction had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total 'amount of ad valorem taxes on the
annexed portions, 'plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to ci ty in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to city on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by city in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and ass igns ,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the
MPANY)
.,
Name: Don L.
Title: presi e
Address:2780 Skypark Drive. Snit-p Ll60
Torrance. r.A qOSOS
ATTEST:
~tL a. !tLtigj
City Secretary
O?:Ittld
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
G~ T, ~~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471~1886
(281) 471...2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
GF No.: 00170145
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EXHIBIT "A"
All that certain 8.5811 acres of land being out of Restricted
Reserve "C", Bayport North Industrial Park according to the plat
thereof filed at Film Code No. 437010, Harris County Map
Records, also being out of that certain called 110.5334 acre
tract of land described in a deed dated 11-08-1999 from Don L.
Tuffli, Trustee to Bayport North Industrial Park, L.P. filed for
record in the Official Public Records of Real Property of Harris
County, Texas, at Clerk's File No. U-074535, Film Code No.
529-10-2591 being more particularly described by metes and
bounds as follows:
BEGINNING at a set 5/8" iron rod with cap located in the east
right-of-way line of New West Drive (60' wide) at its
intersection with the south end of a 20' cut back line for the
south right-of-way line of New Century Road (60' wide), and
being the southerly northwest corner of said Reserve "C"j
THENCE N 250 17' 40" E - 29.23' with the said cut back line, to
a set 5/8" iron rod with cap for cornerj
THENCE N 680 28' 13" E - 147.45' with the said south
right-of-way line to a set 5/8" iron rod with cap being the
beginning of a curve to the right having a central angle of 180
24' 37" and a radius of 470.00' j
THENCE continuing in an easterly direction with said south
right-of-way line an arc distance of 151.02' to a set "x" in
concrete marking the Point of Tangency;
THENCE N 860 52' 50" E - 270.34', with said south right-of-way
to a set 5/8" iron rod with cap for cornerj
THENCE SOlO 58' 01" E - 700.00', with the west line of a
certain 10.0000 acre tract described in a deed dated 02-03-2000
from Bayport North Industrial Park, L.P. to Terranova Forest
Products, filed in the Official Public Recorqs of Real Property
of Harris County, Texas at U-208180, Film Code No. 530-49-3800
to a set 5/8" iron rod with cap for cornerj
THENCE in a westerly direction S 880 03' 59" W - 540.46' to a
set 5/8" iron rod with cap for cornerj
THENCE with the aforementioned east right-of-way line of New
West Drive N 030 06' 23" W - 444.46' to a set 5/8" iron rod with
cap being the beginning of a curve to the left having a central
angle of 130 47' 52" and a radius of 620.00' j
Continued on next page
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THENCE continuing in an northerly direction with said east
right-of-way line an arc distance of 149.31' to the POINT OF
BEGINNING and containing 8.5811 acres (373,792 square feet) of
land, more or less.
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
,;..
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT en
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with ci ty to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Dri,veways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
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EXHIBIT "c"
Water Service Agreement
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STATE OF TEXAS 9
COUNTY OF HARRIS 9
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and OAKWOOD
CAPITAL, L.P., a limited partnership, hereinafter called "COMPANY".
I.
CaMP ANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties
to a current Industrial District Agreement.
n.
CaMP ANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of property
located outside the city limits of CITY. CaMP ANY recognizes that CITY cannot at this time provide
permanent and unlimited water service. CITY agrees, however, to provide limited potable water
service to COMPANY. For and in consideration offumishing domestic potable water by CITY, the
parties hereto agree as follows, to-wit:
Ill.
COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of potable water for limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
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Upon review of these representations, the City has determined the following:
Number of Company Employees on site
09
Number of Contract Employees on site
o
Total on-site Employees
09
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
1 4"0
,
*Potable Water Approved for Industrial Processes (gpd)
1 "00
,
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
o 9"0
,
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water to
CaMP ANY based on the following terms and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of $
0900
,
(B) Potable water used for Industrial Processes shall be limited to the following:
*Rllilciine fire "Prinkler, llmci"c.~pe irriefltion, te"tine offire protection eqJJipment, hyciro te"tine
of fire extineni"her c.ylinr1er", te"tine of fire "llppre""ion fo~m, lift te"tine of life r~ft", ~nci wMer neeci"
for other te"t ::tnci in"Pection proc.ecillre" reqJlireci for V::triOll" fire, re"c.JJe ,,::tfety eqJJipment
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay
appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing
meter at Company's expense. CaMP ANY shall be responsible for installing appropriate meter box
to be approved by City.
(D) Where applicable, COMPANY shall also pay to CITY $ N/A
for installation of utility mains funded by other parties.
as a pro-rata reimbursement
(E) The total amount of potable water approved (average daily demand) is established at SIX
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THOlTSAND NTNF mTNDRFO FIFTY (6,950) gallons per day. This number is based on an
average offifty (50) gallons per employee per day established by CITY, plus any amount approved
for industrial processes.
(F) The average monthly demand of TWO mINORED EI.FVFN THOlTSAND, NTNF mINORFD
SFVF.NTV-FTVF (211,975) gallons is established by multiplying the average daily demand by a
factor of30.5, which shall be used to facilitate service billings.
(G)The cost of water up to the average monthly demand of TWO mINORFD FJ,FVRN
THOlTSAND, NTNF. mINORFD SFVF,NTV-FTVF (211,975) gallons shall be one hundred fifty
percent (150%) of the CITY'S rate as established from time to time for commercial customers
inside its corporate limits.
(H) The cost of water for amounts used in excess of the established average monthly demand shall be
two hundred percent (200%) of the CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
(I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of TWO mINORFD FJ.F.VFN THOlTSAND, NTNF mINORED SFVF,NTV-FTVF
(211,975). Repeated consumption greater than the established average monthly demand may
result in termination of service.
(1) CITY shall have the right to interrupt or temporarily suspend said water service to CaMP ANY if
an emergency arises and there is not an adequate water supply to meet the needs of the citizens of
La Porte.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S
sole discretion.
(L) The total cost for the engineering design and construction of any potable water main, service line,
back flow preventer, meter or other required appurtenances will be the responsibility of
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COMPANY.
(M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(N) All plumbing installed by CaMP ANY connected to the domestic water line from CITY, shall meet
all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and
code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right
to inspect any and all work related to the furnishing of potable water to COMPANY.
(0) A reduced pressure zone backflow preventer shall be installed and maintained by CaMP ANY to
protect CITY from any possible cross-connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY fire
protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
CaMP ANY to serve other parties.
(R) COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of the meter; service lines from the main to the meter; and from
the meter to COMPANY'S facilities, shall be solely at the expense of CaMP ANY. CaMP ANY shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter.
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VI.
CITY will have ownership and maintenance responsibility for its water mains, and service lines
up to and including CITY'S water meter. In the event a State or Harris County license, permit, or
permission to install the water main is revoked, or relocation or adjustment is required, CITY will not
be responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, and to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notifY CaMP ANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIll.
CITY reserves the right to terminate this agreement in the event of violation of the terms ..~
provisions hereof by CaMP ANY. CITY will provide CaMP ANY with written notice of any defects
at;lQ COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at
~OMP ANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water
l>upply is threatened.
IX.
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another water supply. If the transition is not complete within said six-month
period, CITY shall have the right to terminate water service at its sole discretion.
x.
In the event of any conflict between the terms and provisions of this Water Service Agreement
and the terms and provisions of the Industrial District Agreement between the parties, the terms and
provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of
this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically
expire at such time as there is no effective Industrial District Agreement between the parties or if CITY
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exercises its right of termination.
ENTERED INTO effective the l ~ day of :r ~AA V ,2001.
OAKWOOD CAPITAL, L.P.,
a Texas Limited Partnership
By: Oakwood Nevada, LLC,
Its General Partner
~
;c::;
Name: Don L. Tuff
Title: President
Add 2780 Skypark Drive, Suite 460
ress:
Torrance, CA 90505
CITY OF LA PORTE
ATTEST:
~ OF LA PORTE
BY~ ~~
Norman L. Malone
Mayor
~Q.
Martha A. Gillett
:Zi~
Knox W. Askins
City Attorney
By:
GS~ T. \-\~
Robert T. H~rrera
City Manager
City Attorney
PO Box 1218
La Porte, TX 77572-1218
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281)471-7168
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated 'irAN {, ")..CO (
~
CITv8.?ftial:
COMPANY"
ADDITIONAL RFQITTREMENTS
The Agreement is amended and supplemented to include the following agreement of the parties.
'CaMP ANY shall provide additional improvements as specifically set forth below. These
'agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary
Sewer Service Agreement and this addendum. Said additional improvements undertaken by
COMPANY are an integral part of the consideration by CaMP ANY for obtaining the provision
of water and/or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development COMPANY shall provide a Storm Water Management Plan
that is approved by Harris County Flood Control District and CITY. CaMP ANY
shall construct and maintain any storm water system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject, ,.to approval by CITY.
COMP ANY shall install and maintain landscaping along. its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
service.
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EXHIBIT "D"
Sanitary Sewer Service Agreement
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STATE OF TEXAS 9
COUNTY OF HARRIS 9
SANITARYSEWERSER~CEAGREEMENT
(for Companies located in Bayport North Industrial Park)
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris County, Texas, hereinafter called "CITY", and OAKWOOD
CAPITAL, L.P., a limited partnership, hereinafter called "COMPANY".
I.
CaMP ANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are
parties to a current Industrial District Agreement.
n.
CaMP ANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. CaMP ANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to
COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto
agree as follows, to-wit:
Ill.
COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
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Upon review of these representations, the City has determined the following.
Number of Employees on-site
09
Number of Contract Employees
o
Total on-site Employees
09
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
1 4"0
,
Sanitary Sewer Approved for Industrial Processes (gpd)
1 "00
,
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
o 9'\0
,
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to CaMP ANY based on the following terms and conditions, to-wit:
(A). Company shall pay to CITY a one-time administrative connection charge of $
0900
,
(B). CaMP ANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at STX THOTTSAND NTNF ffiTNORED FIFTY (6,950)
gallons per day. This number is based on an average offifty (50) gallons per employee per day
established by CITY.
(D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily
demand multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of ONE mINORED
EIGHTY THOTTSAND ONE mINORED SEVENTY-EIGHT POINT SEVFNTV-FTVF
(1 RO, 17R 7") gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established
from time to time for commercial customers inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in excess of the established average monthly
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demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time
for commercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of ONE HTINORFD FIGHTY THOTTSAND ONE HTINORFn SFVRNTY-
EIGHT POINT SEVRNTV-FTVF (1 RO, 17R 7") gallons. Repeated sanitary sewer delivery
greater than the established average monthly demand may result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
CaMP ANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article IT of the Code of Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of COMPANY.
(L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet
all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and
code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the
right to inspect any and all work related to the furnishing of sanitary sewer service to
COMPANY.
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(N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(0). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development project may be subject to certain additional requirements as described in Exhibit A.
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities,
shall be solely at the expense of CaMP ANY. COMPANY shall own and maintain all service lines and
plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service lines within Bayport North Industrial Park. In the event a State or Harris County license,
permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is
required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
VII.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notifY CaMP ANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIll.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects
and CaMP ANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at
COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary
sewer system is threatened.
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This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated ~UJ. ( J. OO(
j ,
Initial :
CITy" ~
COMPANY~
ADDITIONAl. REQITTRFMFNTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of CaMP ANY, undertaken to induce CITY to sell
water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service
Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional
improvements undertaken by CaMP ANY are an integral part of the consideration by CaMP ANY
for obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
CaMP ANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMP ANY shall submit a Landscaping Plan subject to approval by CITY. CaMP ANY
shall install and maintain landscaping along its existing developed frontage as per approved
Landscaping Plan as a condition of continued water service.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste permit.
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IX.
Upon receipt of written notice of termination, CaMP ANY shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole
discretion.
x.
In the event of any conflict between the terms and provisions of this Sanitary Sewer Service
Agreement and the terms and provisions of the Industrial District Agreement between the parties, the
terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall terminate on December 31, 2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District Agreement
between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the I 2I
day of d Pr:.NvAll~ 2001.
OAKWOOD CAP TAL, L. P. ,
a Texas Limited Partnership
By: Oakwood Nevada, LLC,
By:
2780 Skypark Drive, Suite 460
Torrance, CA 90505
CITY OF LA PORTE
ATTEST:
~O.AJUJ/
Martha A. Gillett
City Secretary
APP~ J
[~MrJtJ/~r
Knox W. Askins
City Attorney
CITY OF LA PORTE
By J11:1~I/v--
orman L. one (
Mayor
By:Qob-.t T. ~~
Robert T. Herrera
City Manager
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EXHIBIT "E"
Area Map
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REQ~ST FOR CITY COUNCIL A!NDA ITEM
Agenda Date Requested: Marc~ 1;' 2001
Requested By: I,ouis RighEJ44 ~
D A.d . . t t. S . \
epartment: Ia. IIlIDU ra Ive ervlCti
Appropriation
Source of Funds: GF and UF
Account Number: Multiple
Report:
Resolution:
Ordinance: X
Amount Budgeted: $35rOOO
Exhibits:
Contract
Amount Requested: $45,906
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Funds were budgeted to hire a consultant to complete a classification and compensation study for the
City. The last study of this type was done in 1984. Since that time there have been several internal
adjustments made to the plan including cost of living increases and pay adjustments to groups of
employee classifications.
Requests for Proposals were mailed to nine (9) consulting finns with seven (7) returning proposals. The
finns were told that the selection criteria would be:
. Demonstration of the finn's ability to successfully complete all requirements in the scope of work
. Cost of services
. Experience in similar consulting services
. Qualifications of project staff
. Perfonnance history (references)
. Demonstration of the finn's ability to utilize existing infonnation to reduce costs
. Project completion schedule
After the initial evaluation, three finns were identified to continue the selection process. Interviews with
each of the three were conducted by a panel consisting of Mr. Herrera, Mr. Joerns, and Mr. Rigby. After
evaluating all infonnation, the finn MGT of America, Inc. was identified as the finn offering a proposal that
would be most advantageous to the City. Reference responses were all positive.
MGT of America has offered their services for a total price of $45,906. Funds were budgeted in non-
departmental accounts in both the general and utility fund, in the amount of $35,000. There are sufficient
funds available in the non-departmental contingency accounts in the general and utility funds to offset the
difference of $10,906. Staff believes the additional money would allow the finn to provide a study that frts
the needs of the City.
MGT of America is prepared to begin the study within one (1) week of approval of the contract and be
competed within three (3) months.
'.
Action Reauired bv Council: Authorize City Manager to approve agreement with MGT of America, Inc.
to provide a classification and compensation study to the City, for $45,906, with budgeted funds in the
amount of $35,000, and an additional $10,906 from general and utility fund contingencies.
Approved for City Council A2enda
C?~ T ~~
Robert T. Herrera, City Manager
"3. I 'Z-~ 0 \
Date
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ORDINANCE NO. 2001- ~'f'73
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR
PROFESSIONAL HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES BETWEEN
THE CITY OF LA PORTE AND MGT OF AMERICA, INC., TO ASSIST IN
DEVELOPING PLANS AND PROGRAMS THAT CONFORM TO FEDERAL, STATE AND
LOCAL REQUIREMENTS; APPROPRIATING NOT TO EXCEED $45,906.00, 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 descr ibed 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.
City Council appropriates the sum not to exceed
$45,906.00 from the following City of La Porte funds, to-wit:
.
General Fund Non-Departmental Consulting
001-6146-515-5004
$
17,500.00
.
General Fund Non-Departmental Contingency
001-6146-515-9050
5,453.00
.
Utility Fund Non-Departmental Consulting
002-6176-515-5004
17,500.00
.
utility Fund Non-Departmental Contingency
002-6176-515-9050
5,453.00
TOTAL:
$
45,906.00
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ORDINANCE NO. 2 001- ~J.f'13
PAGE 2
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 19th day of March, 2001.
By:
CITY o~
~ L. al e,
Mayor
ATTEST:
~Mfflt0 0.. J1 J/Ii4
Mar a A. Gillett,
City Secretary
ZZI~~
Knox W. Askins, -
City Attorney
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AGREEMENT TO PROVIDE
PROFESSIONAL
HUMAN RESOURCE MANAGEMENT CONSULTING SERVICES
to
CITY OF LA PORTE, TEXAS
THIS AGREEMENT, entered into this 19th day of March, 2001, and effective
immediately by and between MGT of America, Inc. (hereinafter called the "Consultant")
and the City of La Porte (hereinafter called the "City"), WITNESSETH THAT:
WHEREAS, the City is interested in obtaining professional human resource
management consulting services to assist in developing plans and programs that
conform to Federal, State, and local requirements and that will be approved by its City
Council,
WHEREAS, the Consultant is staffed with personnel knowledgeable and
experienced in the development of human resource management systems:
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Emplovment of Consultant. The City agrees to engage the Consultant
and the Consultant hereby agrees to perform the services described in
the "Scope of Services" listed below.
2. Scope of Services. The Consultant shall do, perform and carry out in a
good and professional manner human resource management consulting
services as may be requested by the City, which may include, but are
not limited to, the following:
. Finalize Project Work Plan and Conduct Project Orientation
. Gather and Evaluate Current Job Data
. Conduct Market Salary Survey
. Evaluate the Current Classification and Compensation Plan
. Develop Proposed Classification and Compensation Plan
. Develop Job Descriptions and Performance Evaluation System
. Redesign the Performance Management Program
. Prepare and Deliver Final Report and Presentations
MGT hereby offers and agrees to provide consulting services on the
City's classification and compensation systems as more clearly set forth
in the Request for Proposals #0084, and Consultant's Proposal submitted
on February 05, 2001 in response to the Request for Proposals. Those
documents and all representations made therein are hereby incorporated
into this Contract as if fully set forth herein.
3. Governina Law. With the exception of information in Item 14, the parties
agree that this Agreement shall be governed by the laws of the State of
Texas. Venue of all actions shall be in Harris County, Texas.
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City of La Porte, TX
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4. Authority. Each party hereby warrants and represents that their
respective signatures set forth below have been and are on the date of
this Agreement duly authorized by all necessary and appropriate
corporate action to execute this Agreement.
5. Force Maieure. None of the parties hereto shall be deemed to be in
default of any provision hereof or be liable for any delay, failure in
performance, or interruption of service resulting directly or indirectly form
acts of God, military authority, civil disturbance, war, strikes, fires, other
catastrophes, or other cause beyond its reasonable control whether or not
foreseeable.
6. Time of Performance. The services to be performed hereunder by the
Consultant shall be undertaken and completed in such sequence so as to
ensure their expeditious completion and best carry out the purposes of
the agreement. Projects will commence within five (5) days of notification
to proceed and will be completed within a time period agreed to by the
Consultant and the City.
7. Compensation. The City agrees to pay the Consultant a sum as
designated in item 8 below, or, for services not included in the Scope of
Services, at a rate of one hundred-fifty dollars ($150.00) per professional
hour expended and twenty-five dollars ($25.00) per clerical hour
expended, plus expenses. Anyon-site requirements shall include directly
related travel expenses and professional time.
8. Method of Payment. The Consultant shall submit itemized invoices
detailing work performed, professional and clerical hours expended for
individual tasks, and expenses. The Consultant shall be paid as soon as
the City can process such payment.
Total liability of the City under this Agreement
$13,772
$13,772
$13,772
$ 4,590
$45,906
. Project/Orientation Meetings
. Completion of all interviews
. Presentation of Draft Report
. Presentation of Final Report
9. ChanQes. The City may, from time to time, require changes in the scope
of services of the Consultant to be performed hereunder. Such changes,
which are mutually agreed upon by and between the City and the
Consultant, shall be incorporated in written amendments to this
agreement.
10. Services and Materials to be Furnished by the City. The City shall
furnish the Consultant with all available necessary information pertinent to
the execution of this agreement. The City shall cooperate with the
Consultant in scheduling and carrying out the work herein.
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11. Riahts to Terminate Contract. The terms of this contract shall be in
effect through completion of the original scope of services and any
subsequent services mutually agreed upon by the City and the
Consultant. Either party shall have the right to terminate this agreement
with or without cause, by giving written notice to the other party of such
termination at least five (5) days before the effective date of such
termination.
12. Indemnification. Each party shall be responsible for its own acts and will
be responsible for all damages, costs, fees and expenses which arise out
of the performance of this Agreement and which are due to that party's
negligence, tortious acts and other unlawful conduct and the negligence,
tortious acts and other unlawful conduct of its respective agents, officers
and employees.
13. Limitation of Liabilitv. The City agrees that the Consultant's total
aggregate of liability hereunder (whether contract, statutory, in tort or
otherwise) for damages on anyone or more or all claims (regardless of
the number of different claims, claimants or occurrences) shall not exceed
the total of professional fees paid under this contract. The City further
agrees that the Consultant shall not be liable to the City for any indirect,
incidental, special or consequential damages, any lost profits or any claim
or demand against the City by any other party, arising out of or in
connection with the performance of services hereunder.
14. Copvriqht, Trade Secrets and Security. The City acknowledges that
certain report formats to be provided by the Consultant are copyrighted.
The Consultant shall ensure that all copies of its report bear the
copyrighted legend. The City agrees that all ownership rights and
copyrights thereto lie with the Consultant. The City may use the report
solely for and on behalf of the City's operations. The City agrees that it
will take appropriate action by instruction, agreement or otherwise with its
employees to satisfy its obligations with respect to use, copying,
protection and security of report formats. Consultant further represents
that the copyrighted report formats constitute trade secrets of Consultant
as the term "trade secrets" is defined in Section 812.081 of the Florida
Statutes. Consultant claims exemption from disclosure of the copyrighted
materials as is provided under Chapter 119T.
15. Information and Reports. The Consultant shall, at such time and in such
form as the City may require, furnish such periodic reports concerning the
status of the project as may be requested by the City. The Consultant
shall furnish the City, upon request, with copies of all documents and
other materials prepared or developed in relation with or as a part of the
project.
16. Records and Inspections. The Consultant shall maintain full and
accurate records with respect to all matters covered under this
agreement. The City shall have free access at all proper times to such
records and the right to examine and audit the same and to make
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Human Resource Management Consulting Services
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transcripts therefrom, and to inspect all program data, documents,
proceedings and activities.
17. Accomplishment of Proiect. The Consultant shall commence, carry on,
and complete requested projects with all practicable dispatch, in a sound
economical and efficient manner, in accordance with the provisions
thereof and all applicable laws. In accomplishing requested projects, the
Consultant shall take such steps as are appropriate to ensure that the
work involved is properly coordinated with related work being carried on
within the applicable work area.
18. Provisions Concernina Certain Waivers. Subject to applicable law, any
right or remedy which the City may have under this contract may be
waived in writing by the City by means of a formal waiver, if, in the
judgement of the City, this contract, as so modified, will still conform to
the terms and requirements of pertinent laws.
19. Matters to be Disreaarded. The titles of the several sections,
subsections, and paragraphs set forth in this contract are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of the provisions of this contract.
20. Completeness of Contract. This contract and any additional or
supplementary document or documents incorporated herein by specific
reference contain all of the terms and conditions agreed upon by the
parties hereto, and no other agreements, oral or otherwise, regarding the
subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto.
21. The City not Obliaated to Third Parties. The City shall not be obligated
or liable hereunder to any party other than the Consultant.
22. When Riahts and Remedies Not Waived. In no event shall the making
by the City of any payment to the Consultant constitute or be construed
as a waiver by the City of any breach of covenant, of any default which
may then exist, on the part of the Consultant, and the making of any such
payment by the City while any such breach or default exists shall in no
wise impair or prejudice any right or remedy available to the City in
respect to such breach or default.
23. Personnel. The Consultant represents that he has, or will secure at his
own expense, all personnel required in performing the services under this
agreement. Such personnel shall not be employees of or have any
contractural relationship with the City. All of the personnel engaged in the
work shall be fully qualified to perform such services.
24. Consultant Certification. The Consultant certifies that the Consultant
has not been convicted of bribery or attempting to bribe an officer or
employee of the City nor has the Consultant made an admission of guilt
of such conduct which is a matter of record.
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25. Notices. Any notices, bills, invoices, or reports required by this
agreement shall be sufficient if sent by the parties'hereto in the United
States mail, postage paid, to the addresses noted below.
MGT of America, Inc.
2123 Centre Pointe Blvd.
Tallahassee, FL 32308
City of La Porte
Attn: Louis Rigby
604 W Fairmont Pkwy
La Porte, TX 77571
26. Leaal Construction. In case anyone or more of the provisions contained
in this Agreement shall for any reason be held invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never
been contained herein.
27. Arbitration. Should a dispute arise regarding the interpretation of any
provision of this Agreement, the parties may request the determination of
such dispute by a mutually acceptable arbitrator. Should the parties be
unable to agree upon a mutually acceptable arbitrator, each party shall
nominate one arbitrator and the arbitrators so nominated by the parties
shall select a third arbitrator who will act with them as a three member
arbitration panel to decide the disagreement by the concurrence of a
majority of the panel. Cost for such arbitration shall be borne equally
between the City and the Consultant, provided that each party shall bear
its own attorney fees. The decision rendered by the arbitrator(s) will be
final, subject only to judicial review as may be available under the Texas
General Arbitration Act, provided, however, that nothing in this paragraph
shall prevent the parties from resolving disputes prior to formal arbitration.
IN WITNESS WHEREOF, the City and the Consultant have executed this
agreement as of the date first written above.
CITY OF LA PORTE
\
MGT OF AMERICA, INC.
BY~~ T. ~ i,1
Print Name:\i~~et'V\ ~ tt-'C..(t(te(t c.....
Title: L l:hf----m ~ 11.)/11 ,,(
By:
Print Name:~
Title:.~~
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February 2,2001
f,
Mr. Louis Rigby
Director of Administrative Services
City of La Porte
~ Post Office Box 1115
La Porte, Texas 77572-1115
Dear Mr. Rigby:
MGT of America, Inc. is pleased to submit this proposal to conduct a
.J;lassification and compensation study for the City of La Porte.
Working with government partners to create innovative and effective solutions in
the public sector is all we do. Founded in 1975 and today with five offices across
the cO,untry, MGT of America is one of the nation's leading public sector
',management consulting firms. Successful local government partnerships have
included initiatives in San Diego, Baltimore, Albuquerque, Washington D.C.,
Mic;lmi, Kansas City, and Denver.
We also have extensive experience with local governments of all kinds in Texas.
Those 'include small organizations like the cities of Alice, Pflugerville, Reeves
Counfy and Bandera Independent School District, to some of the largest local
governments in the state, such as the counties of Harris, Travis, Nueces, and EI
Paso, the cities of Houston, Austin, San Antonio, and major school districts like
Edgewood, Dallas, and Fort Worth. Our human resource projects have included
varied clients such as Bexar and Bastrop counties, Oklahoma City, Richmond,
Virginia and Brownsville, to name just a few.
..
In all, the MGT project team that will work on this project, should we be selected,
has conducted well over 200 similar compensation studies for local and state
governments. Improving a city's compensation and personnel system takes not
only an experienced and seasoned view of how city government works in Texas,
but also national experience with personnel and human resource management.
We believe we have put together a team with just these qualifications and
experience for this project, and they all will make the success of this project a
priority.
MGT's success is not an accident. In addition to accurate and cutting-edge
analysis, we've built our reputation because of a number of value-added factors,
such as:
. This is all we do. MGT is committed to helping find solutions in
the public sector, and we understand the realities and
challenges of managing in the public sector, especially when it
comes to compensation issues.
I
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Mr. Louis Rigby
February 2, 2001
Page 2
. We know how to listen. Our clients are there in the trenches, and the
best answe~ are often easy to find, if one is willing to listen to
everyone. Our compensation study methodology asks every employee
for his or her opinions and feedback.
, We understand how government works because we have hands-
on experience. All of MGT's senior staff have served in an upper-level
management role within a government organization.
. ,You will see senior staff working on this project, not just handling
~ "
marketing duties. MGT partners and consultants pride ourselves on a
willingness to rollup our sleeves and work on the nuts and bolts of a
.->solution alongside our clients, who we view as partners.
. Our reports are concise with findings that are thoroughly backed
up. In order for the study results to be productive, we pay attention to
the manner in which the results are communicated. When you read our
.. final report, every finding, commendation, recommendation, fiscal
estimate and suggested implementation strategy will be well
documented, detailed, justified and easily understood.
. Because of our experience, we understand both the art and the
science necessary for successful compensation study.
We want the elected officials, employees, and taxpayers of La Porte to feel confident after
reading our report that they have received their tax dollars' worth of value. Our
recommendations are sensitive to the fact that resources and budgets are not unlimited, so our
reports are always fiscally responsible and reasonable. And because we know who pays the,
bills, we make sure our recommendations are able to stand up to the toughest scrutiny and
questioning from the taxpayers themselves, as well as city officials who must make the tough
decisions.
We look forward to working with the City of La Porte's management team and employees.
Please feel free to contact me at (512) 476-4697 if you have any questions or require
clarification on any aspect of our proposal. We look forward to the opportunity to exceed your
expectations.
Sincerely,
Greg artman
Senior Partner
and Southwest Regional Director
MGT
~rica
-
A PRESENTATION OF A
PROPOSAL ON A
CLASSIFICATION AND
COMPENSATION STUDY FOR THE
CITY OF LA PORTE
-
submitted by:
.
2123 Centre Pointe Boulevard
Tallahassee, Florida 32308
(850) 386-3191
February 27, 2001
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Phase IV
Market Data
Collection
~ Identify labor
markets
~ Develop and
conduct
customized
survey
e
Collect and
analyze market
data
~
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Combine customized
survey and/or
published survey
data to establish a
market rate of pay
for each
benchmark position
~
~ Data collection
and analysis
~ Prepare draft
survey for
review and
signoff
~ Prepare and
distribute Job
Content
Questionnaires
(JCQ's)
~
Prepare and.
distribute
Management Issue'
Papers (MIP's) -
Collect
Review
FOllOW-Up
~ Introduce team
members
~ Project Planning
"...:
~ Data Collection
and analysis
~
~
~
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~ Review current
information and
values
~
~ Prepare class
descriptions
e
Phase VII
Phase V
Cost Analysis
Perform Job
Evaluation
~ Develop final
report
~ Determine
cost of the
~ Differentiates
among jobs
~ Perform job
evaluation
It
~ Present Final
Report to the
City
-i"
new program
~ Helps employees
understand
what' s expeC?t~d
of them
~ Facilitates
.
training
~ Finaltze job
worth
hierarchy
~ Finalize salary
structure{ s)
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~ Supports
promotions and
career
" development
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~ A shared knowledge of how
the new compensation plan
will allow the City to recruit,
retain, and motivate
employees
. Conduct a general
meeting to discuss and
gain an understanding
of the current state of
compensation and
related programs
~ Project Planning
~ Understand background of
the engagement and to
confirm project objectives
~ Understand City's vision,
strategic goals, core values,
and characteristics
~ Understand how these values
will shape the outcomes of
the project
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MGT Project Milestone
~
Kick-off Meetings
Orientation Briefings with
Administrators and Key
Staff
-;,.~
~ Data COllection
. Collect current salary
schedules, job
descriptions,
administrative policies,
organization charts, and
employee database
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~ Conduct orientation briefing
sess~ons with administrators,
managers, and key staff
,~
,
Human Resources Management Consulting Division
Proprietary & Confidential 1
MGT
~
-
~ Employee Group Orientation
Sessions
~ Provide the Job Content
Questionnaire
Questionnaires
~ Management Issue Papers
~ Completion of the JCQs and
MIP's
~ Distribute Management Issue
Papers to Managers and
Supervisors
~- Collect individual job informati.on
for each identified employee
utilizing our unique Job Content
Questionnaire. This information
can be used to write new class
descriptions, collect external
market data, and can even be used
to determine performance
standards for each job.
~ Job Cont,ent
~ Distribute the questionnaire
to employees at group
orientation sessions
~ Series of Focus Groups for
MIP-Identified
Employees/Classes
e
MGT Project Milestone
~
Completion of JCQs
:",
~ Collact and analyze results
~ Follow-up with Managers and
Supervisors regarding
'c1arification of job duties as
needed
~ Involve employees, managers, and
administrators in the process to
insure their involvement and
understan~ing through
Management Issue Papers.
Completion of MIPs
Employee Focus Groups
~ Conduct focus groups of
employees identified through
MIPs to discuss identified
issues
,~
,
2
Human Resources Management Consulting Division
Proprietary & Confidential
MGT
~
-
~ Draft Salary Survey Report
~ Draft Proposed Pay Plan
~ Draft Grade Order List
~ Draft Implementation Report
~ Identify benchmark positions
and establish list-of target
organizations
~ Collect and analyze market
data relative to base salary
for each benchmark position
Mail survey to potential
targets and share tabulated
results to encourage
participation
~
~ Establish market rate for each
benchmark
~ Create a compensation
structure that is externally
competitive and Internally
equitable and that also
rewards high performance
and supports organizationa
goals
-
MGT Project Milestone
~
Completion of Salary
Survey
Developm~nt of Draft Job
Class Allocation List
Compensation Plan
;.
~ Finalize salary structure
~ Perform "Job Evaluation and
Classification"
~ ~alue internal
relationships
~ Address link between
internal job value and
external market
~
~ Allocate employees to proper
class and pay grade
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3
Human Resources Management Consulting Division
Proprietary & Confidential
~ Allocate employees to proper
class and grade
,
MGT
~
-
c,
~ New or revised position/class
descriptions for all included
classes if) MS Word format
~ New or revised descriptions are
based on
. input from the employee
and immediate Supervisor
(the subject matter
experts)
. professional job analysis
of the work performed
-
MGT Project Milestone
~
Development of New or
Revised Class Descriptions
ob
. analysis and verification
of Americans with
Disabilities Act (AD
requirements
. identification of:
A)
- essential tasks
- class factors
- occupational
requirements
Human Resources Management Consulting Division
Proprietary & Confidential 4
~ Develop new or revised
position or class descriptions
for all work that:
. differentiates among
and between levels of
work
. helps employees
understand what is
expected of them
. identifies minimum
requirements
. assists in ADA
readiness compliance
. facilitates promotion
lines and Career
ladders
MGT
~
-
e
~ Alternative Implementation
Strategies that will Result in
an Approach that Suits the
City's Financial Goals
Milestone
Development of
Implementation Options
I
~ Run models to compare the
recommended base to current
base
~ Work with the Project Team to
determine the appropriate
implementation strategy
~ Determine cost of new system
~ Provide implementation options
that will assist the City in
successfully implementing the
proposed plan
...
MGT Project
~
.i-~
~ Ensure that the methodology
employed is financially
reasonable and provide
fiscally responsible options
for implementation
~:
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Human Resources Management Consulting Division
Proprietary & Confidential
/
MGT
~
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Project Work Plan
Phase 111- Training and Support
--
e
~ PC Master software
~ Provide training to the City's
HR staff in the use of PC
Master
~ Conduct training module for
the City's HR staff in the use
of MGT's PC Master software
~ PC Master software! Pay and
Classification Administration
and Maintenance Manual
~ Transfer of Technology and
Training in PC Master
Software
~ Develop clear and concise
step-by-step procedures for
classification and pay plan
administration and
maintenance
-
MGT Project Milestone
~
PC MasterlPay and Class
Administration and
Maintenance Manual
".i>,
~ Details of how jobs are
assigned to grades
~ Develop and provide the City
with a written "user-friendly"
step-by-step PC Master
manual for ongoing
administration and
maintenance of new
classification and pay plans
~ Provide a transfer of
technolC?gy along with
training
PC Master Software
PC Master Training
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6
Human Resources Management Consulting Division
Proprietary & Confidential
MGT
~
, .
Project Work Plan
Phase IV - Final Report and Presentation
e
~ Final Compensation and
Classification Report
.
~ Finalize all appropriate revisions
to proposed Compensation and
Classification plan
~ Formal Presentation of Study
Results to the City Board
~ Prepare and deliver Final
Compensation and Classification
Report
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MGT Project Milestone
~
Submit Final Report
Presentation of
Final Report
~ Schedule final on-site visit for
presentation of study results
n PC Master
~ Schedule training
Software
Human Resources Management Consulting Division
Proprietary & Confidential 7
~ Submit draft report for the
City's review
~ Present the City with a Final
Compensation and
Classification Report
~ Formal presentation of Final
Report to the City Board at a
Work Session
-..:
"
MGT
~
e
~ Support for classification and
compensation plan
impleme~tatlon
~ Discuss the City's goals and
objectives and scope for specific
services that may be provided on
an intermittent or ongoing basis
~ Maintenance Contract
~ Provide ongoing support to
the City to assist in the
process of implementation,
administration, maintenance,
and adaptations of plan over
time
It
Milestone
MGT Project
~
Administration and
Maintenance Support
.~
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,
Human Resources Management Consulting Division
Proprietary & Confidential 8
MGT
~
-
-
Southwest
502 E. 11th
Suite 300
Austln, Texas 78701
(512) 476-4697
(512) 476-4699 FAX
Office
Street
4
Corporate Office
2123 Centre Pointe Boulevard
Tallahassee, Florida 32308
(850) 386-3191
(850) 385-4501 FAX
West Coast Office
455 Capitol Mall
Suite 605 .
Sacramento, California 9581
(916) 443-3411"-
(916) 443-1766 (FAX)
Road NW,
98502
Northwest Office
1607 Cooper Point
Suite 102
Olympia, Washington
P60) 866-7303
(360) 866-7337 FAX
www.mgtamer.com
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste .
Appropriation
Requested By: S. Gillett
Source of Funds: N/A
Department: Public Works
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted'N/A
Exhibits:
Letter from TNRCC
Amount Requested:
Exhibits:
Executive Summary
Budgeted Item:
N/A
Exhibits:
Ortlilllnlllnl'P
SUMMARY & RECOMMENDATION
An Industrial Waste Survey of all ofthe commercial and industrial establishments in La Porte was
performed as a requirement ofthe City of La Porte's Wastewater Treatment Plant Texas Pollutant
Discharge Elimination System discharge permit administered by the Texas Natural Resources
Conservation Commission. The survey results were forwarded to the TNRCC. The survey indicated
there were seven (7) Significant Industrial Users discharging into the city sewer system. (A Significant
Industrial User is an industry which discharges an average of more than 25,000 gallons per day of process
wastewater into the city sewer system.) Of these seven, four (4) industries were determined to be
Categorical Industrial Users. (A Categorical Industrial User discharges or has the potential to discharge
pollutant(s) which are regulated by the United States Environmental Protection Agency.) Several Non-
Significant Industrial Users also discharge into the sewer system. (A Non-Significant Industrial User
discharges in lower quantities usually with non-significant discharges; however, these industries have the
potential for discharging pollutants and must be permitted and monitored.)
For the above reasons and due to the Upper Galveston Bay section into which the City of La Porte
Wastewater Treatment Plant discharges its effluent being placed on the Clean Water Act of 1999 List of
Impaired Water Bodies, the City of La Porte is required to develop and implement a fully approved Pre-
Treatment Program. In order to be approved, the City must have an Industrial Waste Ordinance meeting
all of the requirements of the Federal and State agencies. This ordinance must give the City the authority
to administer the program and list the penalties of non-compliance. The existing ordinance does not meet
the criteria required for an approvable Pre-Treatment Program. This ordinance would repeal the existing
ordinance Chapter 74, Utilities, Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive
as codified in the City of La Porte Code of Ordinances.
Action Required bv Council: Approve new Industrial Waste Ordinance.
Approved for City Council A!!enda
G~ \. \\~
Robert T. Herrera, City Manager
3- 1'Z.,.-'CJ t
Date
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EXECUTIVE SUMMARY
INDUSTRIAL WASTE ORDINANCE
An Industrial Waste Survey of all of the commercial and industrial establishments in La Porte was
performed as a requirement of the City of La Porte's Wastewater Treatment Plant Texas Pollutant
Discharge Elimination System discharge permit administered by the Texas Natural Resources Conservation
Commission. The survey results were fOlWarded to the TNRCC. The survey indicated there were seven
(7) Significant Industrial Users discharging into the city sewer system. (A Significant Industrial User is an
industIy which discharges an average of more than 25,000 gallons per day of process wastewater into the
city sewer system.) Of these seven, four (4) industries were determined to be Categorical Industrial Users.
(A Categorical Industrial User discharges or has the potential to discharge pollutant(s) which are regulated
by the United States Environmental Protection Agency.) Several Non-Significant Industrial Users also
discharge into the sewer system. (A Non-Significant Industrial User discharges in lower quantities usually
with non-significant discharges; however, these industries have the potential for discharging pollutants and
must be permitted and monitored.)
For the above reasons and due to the Upper Galveston Bay section into which the City olLa Porte
Wastewater Treatment Plant discharges its effluent being placed-on the Clean Water Act of 1999 List of
Impaired Water Bodies, the City of La Porte is required to develop and implement a fully aPproved Pre-
Treatment Program. In order to be approved, the City must have an Industrial Waste Ordinance meeting all
of the requirements of the Federal and State agencies. This ordinance must give the City the authority to
administer the program and list the penalties of non-compliance. The existing ordinance does not meet the
criteria required for an approvable Pre-Treatment Program. This ordinance would repeal the existing
ordinance Chapter 74, Utilities, Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive
as codified in the City of La Porte Code of Ordinances.
The major changes in the new ordinance versus the existing ordinance are:
· Section 2 - General Sewer Use Requirements
· 2.1 - Prohibitive Discharge standards - Sets the limits of pollutants introduced into the sewer
system by industrial users and states the prohibition of certain pollutants and characteristics
. Explosive limits
. PH of discharge
. Any material which might cause interference of the treatment processes (i.e., metal filings,
blood, slurries, residues, etc.)
· List of materials which must be specifically addressed in the Industrial Waste Permit
. 2.2 Federal Categorical Pretreatment Standards - Incorporates the National Categorical
Pretreatment Standards as found in the Code of Federal Regulations.
. 2.3 Local Limits - City must set specific limits on certain pollutants as required by federal law.
Limits are established on ten (10) heavy metals. No industry will be allowed to discharge in
excess of these limits.
. Section 4 - Wastewater Discharge Permit Eligibility
. Wastewater Discharge Permitting Extra-Territorial Jurisdiction Industrial Users - Extends all
ordinance requirements to ETJ Industrial Users discharging into the City sewer system.
. Section 6 - Reporting Requirements
· Sets the reporting requirements for existing dischargers and for industries desiring application for
an Industrial Waste Permit to connect to city sewer system
· For users with pretreatment requirements, sets target time limits for compliance with the ordinance
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. Section 9 - Publication ofIndustrial Users in Significant Violation
. Requires the city to publish annually in the local newspaper a list of those industries in significant
violation of the ordinance:
. Chronic violations of discharge limits
. Any discharge hazardous to public health or the environment
. Failure to provide reports within 30 days of the due date
. Failure to report non-compliance
. Section 10 - Administrative Enforcement Remedies
. Notification of Violation - notice to user of their failure to meet requirement of ordinance
. Consent Order - Agreement to remedy violation(s) through specific actions to be taken by User
. Show Cause Hearing - User to appear before Director to show cause why an enforcement action
should not be taken
. 2nd Notice of Violation - Given when violation has not been abated after notice
. Notice ofImpending Suspension - Notice to User to abate violation(s) by specific date or face
termination of sewer service
. Cease and Desist Order - Director may issue if violations are likely to recur. User must:
. Immediately comply with all requirements
. Take action necessary to address violation up to and including ceasing operations
. Emergency Termination of Service - Used to stop a discharge which has occurred or is threatening
to occur if it will present or cause an imminent or substantial risk to the public health
. Section II - Judicial Enforcement Remedies
. 11.1 - Petition for Injunction may be filed with Municipal Court for specific performance of the
wastewater discharge permit
. 11.2 - Fine raised to maximum of $2,000.00 per day of violation from a maximum of$200.00 per
day in existing ordinance
.11.3 - Criminal Prosecution - For willful or negligent violation of ordinance, introduction of
substance causing injury or property damage, making false statements or records, or tampering
with monitoring device(s)
. Section 12 - Suppiemental Enforcement Action
. 12.1 Performance Bond - Director may require posting of a performance bond before renewal or
issuance of a discharge permit to any user with history of violations
. 12.2 Liability Insurance - May require proof of liability insurance in an amount sufficient to
restore or repair damage to Wastewater Treatment Plant caused by its discharge
. 12.3 Water Supply Severance - User's connection to public water supply may be severed for
continued violations of ordinance. Will be reconnected only when ability to comply with the
ordinance is demonstrated
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Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
John M. Baker, Commissioner
Jeffrey A. Saitas, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
April 20, 2000
CERTIFIED MAIL
Mr. Steve Gillet
Public Works Director
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
......
Re: Requirement for Development of an Industrial Pretreatment Program
City of La Porte, TPDES Permit Number WQOOI0206-001, TX0022799
Dear Mr. Gillet:
The information on the industrial user (IU) survey required by your Texas Pollutant Discharge
Elimination System (TPDES) permit was received on February 16, 2000. All the information was
reviewed and found adequate.
Your IU survey indicated that there are seven significant industrial users (SID s) which include one
categorical industrial user (Cill), three potential CIUs, and several non-significant industrial users
discharging to the sewer system. The water quality data information for the Segment 2421-Upper
Galveston Bay, into which the permittee discharges indicates that the segment is under the 1999
Clean Water Act Section 303(d) List of Impaired Water Bodies and Schedule for Development of
Total Maximum Daily Loads (TMDL). The permittee's biomonitoring requirements indicate that
the permittee is currently in a Toxicity Reduction Evaluation (TRE) for failure to the Mysidopsis
bahia in the 7-day chronic test, and that a TRE was initiated as per the permit requirements on
August 1, 1999. Based on this information, it was determined that there is sufficient cause for the
City of La Porte to continue the development of a full TPDES pretreatment pro\:ram.
Therefore, under the terms ofthe TPDES permitting requirements, the City of La Porte is directed
to continue the development of an approved pretreatment program and submit it to the TNRCC
Pretreatment Team (MC 148) of the Water Permits & Resource Management Division in accordance
with the schedule outlined below and in the TPDES permit.
P.O. Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us
......i.....r1"... ........,.1...... ............. IOri...... rn" h..r..r1 ;,,1,
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Mr. Steve Gillet, Public Works Director
Page 2
April 20, 2000
Activity Activity Date Due
Number
2 A design of a sampling, inspection and reporting program August 20, 2000
which will implement the requirements of 40 CFR
~~403.8 and 403.12.
3 An evaluation of the fInancial programs, revenue sources, October 20, 2000
equipment and staffmg, which will be employed to
implement the pretreatment program (as required by 40
CFR Parts ~~403.8(f)(3) and 403.9(b)(3).
4 The results of an influent pollutant scan of a 24-hoUr October 20,2000
composite sample to determine all pollutants being
'" contributed to the system The type of scan to be
",'t performed is the basic priority pollutant scan of the 126
..
~ pollutants plus any other additional pollutants designated
in thelNRCC Surface Water Quality Standards, 30 TAC
Chapter 307. All sampling, analyses and method
detection limits must be done in accordance with 40 CFR
Part 136. This scan will also serve as the initial scan
necessary for developing technically based local limits
(Activity No. 5 as follows).
(a) From the qualitative infonnation supplied by the
industrial users in Activity No. 1 and the
quantitative information collected in the
pollutant scan, the pennittee shall determine
which industrial users may be discharging
pollutants which may affect the operation of the
Publicly Owned Treatment Works (pOTW) or
pass through untreated.
(b) Sampling and analysis to quantify the pollutants
discharged by the industrial users identifIed in
the investigation of (a) above, shall be
completed.
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Mr. Steve Gillet, Public Works Director
Page 3
April 20, 2000
Activity Activity Date Due
Number
5r An approvable technically based local limits (TBLL) January 20, 2001
submission package as required by 40 CFR ~403.8(f)( 4).
y/ /~y Technically based local limits should be developed in
accordance with "EP A Region 6 Technically Based Local
./< Limits Development Guidance." The technical development
)(0 must demonstrate that the TBLLs attain the Texas Surface
Water Quality Standards [30 TAC Chapter 307] in surface
waters of the State and are adequate to prevent pass through of
pollutants, inhibition of or interference with the treatment
facility, worker health and safety problems, and iludge
contamination.
6 40 CFR ~403.8(f)(1) requires POTWs to apply and enforce the. February 20, 2001
requirements of Sections 307(b) and (c), and 402(b )(8) and (9)
of the Clean Water Act and any regulations implementing those
sections. Submit to TNRCC Pretreatment Team (MC 148) of ,
the Water Pennits & Resource Management Division:
(a) a statement from the city solicitor, a city official acting
in a comparable capacity, or the city's independent
counsel, that the POTW has the authority to carry out
the program;
(b) a copy of any statute, ordinance, regulation, contract,
agreement, or other authority that will be relied on by
the POTW to administer the program;
(c) a statement reflecting the endorsement of or approval
by the local boards or bodies responsible for
supervising and/or funding the program;
(d) any additional documents required in multi-
jurisdictional situations for administration of the
program; and
(e) an'enforcement response plan that shall contain
detailed procedures indicating how the POTW will
investigate and respond to instances of industrial user
noncompliance. The plan shall contain, at a minim~
the aspects defmed in 40 CFR ~403.8(f)(5).
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Mr. Steve Gillet, Public Works Director
Page 4
April 20, 2000
Activity Number Activity Date Due
7 Submit to the TNRCC Pretreatment Team (MC 148) April 20, 2001
of the Water Permits & Resource Management
Division an approvable pretreatment program (and
removal credit approval, if desired and appropriate) as
required by 40 CFR ~403.9. The approvable
pretreatment program shall include a compilation of
all previously submitted pretreatment program
activities as fmally amended and supplemented (i.e.
Activities N os. 1-6).
Upon notification by the TNRCC Pretreatment ifeam
of approvahility of the submitted program, the
permittee is required to submit an official request for
program approval, including three copies of the
program deemed to be approvable.
We have enclosed a list of the documents (Attachment 1) that have been provided with this letter to
assist in the development of a pretreatment program.
If you should have any questions, please contact Ms. Vidya Rao at (512) 239-1723.
Sincerely,
~kOJQ~
Ronald R. Pedde, P . E., Director
Water Permits & Resource Management Division
Texas Natural Resource Conservation Commission
RRP/vr
Enclosure
cc: Mr. Steve Speer, City of La Porte, P. O. Box 1115, La Porte, Texas 77572-1115
Mr. Lee Bohme, Regional Pretreatment Coordinator, USEPA Region 6 (6WQ-PO)
Ms. Donna 1. Phillips, TNRCC Regional Office 12, c/o Water Section Manager
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ORDINANCE NO. 2001- 9.Lf'7if.
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE II,
"INDUSTRIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE
OF THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF
INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE,
TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES
FOR SERVICES RENDERED; PROVIDING THAT ANY PERSON VIOLATING
THE TERMS OF TillS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN
APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE;
EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE;
CONTAINING SEVERABILITY AND REPEALING CLAUSES; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, has provided facilities for the collection and
treatment of sewage to promote the health, safety, and convenience of its people and for the
safeguarding of water resources common to all, and
WHEREAS, provision has been made in the design, construction, and operating of such
facilities to accommodate certain types and quantities of industrial wastes in excess of, and
in addition to, normal sewage, and
WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the
waste treatment services rendered by the City of La Porte in linear proportion to the cost of
the waste treatment facilities and of the operation and maintenance costs, utilized in treating
the industrial wastes, and
WHEREAS, proper protection and operation of the collection and treatment facilities may
require either the excluding, pretreatment, or controlled discharge at point of origin of
certain types or quantities of industrial wastes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. Chapter 74, "Utilities", Article II, "Industrial Waste", Sections 74-36
through 74-58, both inclusive are hereby repealed as of the effective date hereof, and
shall be replaced by the following new Chapter 74, "Utilities", Article II, "Industrial
Waste", of the Code of Ordinances of the City of La Porte:
/
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""""""""-1'~-'~'"'- ...
. A AND ALL TECHNI-
PROPOSA.WILL BE ,C L1TIES ,AND TO AC-
OPENED AS PT ANY BID OR PART
AVOID DISCLOSURE F EREOF, WHICH IN
CONTENTS TO C E OPINION OF THE
PETING OFFERORS' !TY COUNCIL, IS MOST
KEPT- SECRET DUR DVANTAGEOUS TO
THE PROCESS OF E- HE CITY.
GOT1ATION. ALL PR-
POSAL SHALL BE OPEN
FOR PUBLjC INSPEC-
TIONAFTER CONTRACT
AWARD. . TRADE SE- '
CRETS AND, CONFIDEN- .
TIAL OR PROPRIETARY
INFORMATION, SO NOT~
ED 'IN PFjlOPOSAL,'
'SHALL NOT BE OPEN
I=OR PUBLIC INSPEC-
T~ON.
NOTICETO BIDDERS
APPROVED:
51 Knox W. Askins
SEALED BIDS MARKED: ",City Attorney
", SEALED ,BID #0831 "
WILL BE, RECEIVED AT
CITY HALL, 604 WEST
FAIRMONT PARKWAY,
LA PORTE, TEXAS,
77571. ATTN:CITY SEC~
.RETARY UNTIL 2:00, P.M.
MONDAY. APRIL 30.
" 2m!1, FOR THE FURNISH-
ING OF ANNUAL MOW-
IN~ CONTRACT~ REBID.
AI:-I ORDINANGE AMEND-
ING CHAPTER 74, "UTIL-
ITIIES", ARTICLE, "INDUS-
TRIAL WASTE", OF THE
", CQOE OF ,ORDINANCE
O~~ THE CITY OF LA
PORTE, SAID ARTICLE'
BEiNG THE IND\JSTRIAL
WASTE ORDINANCE OF
: THE.CITYOF LA PORTE,
REGULATIN.G THE DIS-
CHARGE OF INduSTRI-
AL}hlASTE ,INTO PUBLIC
EACH PROPOSALMLlST " SEWER OF THE CITY, OF'
BE SUBMITTED IN, DU- LA~PORTE, ,TEXAS, PRO-
PLICATE. FORMS, FUR- PUMULGATING ",REGU-, Between the hours of ,~'
NISHED BY THE CITY OF LATIONS AND:' ESTAB- a.m. and.tOO p,m. J>eginning
LA, PORTE MAY BE. OB_USHING CHARGES FOR on April 18. 2001. en~ las
TAINED 'WITHOlrr:DE- .. SERVICES RENDERED; ~a.m: de la mananay las
POSIT FROM THE CITY PROVIDING THAT 'ANY ~ p.m. de' la tarde
SECRETARY, OF THE PERSoN VIOLATING empezando'e1~1 ~~~~
CITY OF LA PORTE THE tERMs OF, THIS ,and endingon Mliy 1 200\. (
,TEXAS. THE CITY RE: ORDINANCE SHALL BE,. terminado el Mayo I, 200\.)
, SERVES THE RIGHT TO'~DEEMED', GUILTY OR A.
'REJECT ANY AND! 'bRMISDEMEMEANOR. AND
ALL BIDS TO WAIVE SHALL', UPON CONVIC-
ANY AND 'ALL TECHNI- TION ~E' FJNED NO! TO
CALITIES AND TO AC- EXCEED TWO THOU-
CEPT ANY BID OR PART 'SA~D., ' DOLLARS
THEREOF, WHICH IN ($2~OOO),. AS PROVIDED
THE OPINION OF THE IN :APPENDIX B OF TI;lE
CITY, COljNCIL, IS MOST CODE OR ORDINANCES
ADVANTAGEOUS TO OF 'THE CITY, OF LA
THE CITY. PORTE; EACH DAY OF
VIOLATION SHALL BE
DEEMED A SEPARATE
OFFENSE; CONTAINING
SEVERABILITY AND RE-
PEALING CLAUSES;
FINDING, COMPLIANCE
WITH THE OPEN ME:ET-
ING LAW; AND PROVID- 'Applications" for ballot by
, ING AN EFFECTIVE milll must be received no;Iater
DATE HEREOF. ' ' than the close of business on
April 27, 2001 (date) .
i~.,.-----V .
,', EACH PROPOSAL MUST
BE. SUBMITTED IN DU-
RLlCATE. FORMS FUR-
f<l.lSHED BY THE CITY OF
LA PORTE MAY BEOB-
TAl NED WITHOUT DE-,
POSIT FROM THE CITY
SECRETARY, OF THE
CITY OF LA PORTE;
TEXAS. THE CITY' RE-
SERVES THE RIGHT l;j
AEJECTANY AND! OR
ALL PROPOSALS, TO
WAIVE ANY AND. ALL
-r:ECHNIC~L1TIES AND
to ACCEPT ANY, PRO-
POSAL OR ' PART
THEREOF, WHICH IN
,THE OPINION OF,. THE
CITY COUNCIL, IS MOST
" ADVANTAGEOUS , TO
~HE CITY.
FOR INFORMATION RE~
GARDING THIS PRO-
POSAL, PLEASE CON-
TACT CYNTHIA
ALEXANDER, FINANCE
DIRECTOR AT 281-471-
5020" EXT. 265.
, NOTICE TO BIDDERS
THE BIDS' WILL BE
QPENED AND PUBLICLY'
READ IN THE COUNCIL
CHAMBERS IMMEDIATE-
FOR INFORMATION
,CONCERNING THIS BID,
PLEASE CONTACT SUS-
AN KELLEY, PURCHAS-
ING MANAGER, AT 281-
, 470-5020;
CITY OF LA PORTE,
~HEBIDS ,WILL BE
OPENED AND pUBLICLY
READ IN THE COUNCIL
CHAMBERS IMMEDIATE-
LY AFTER THECLO'SING.
80UR FOR THE SIDS
ON SAID DATE. "
FOR INFORMATION
CONCERNING ,THIS aiD,
PLEASE.. CONTACT SUS-
AN KELLEY, ,PUF\9HAS-
ING MANAGER, AT 281-
4 71 ~5020, EXT. 328.
CITY OF LA PORTE
'-~'-"''''-
_ . --..:.,..',.",,'l" _.~'"
SOLD':'C".' THER PRO-
NIDING '.' SAVING
CLAUSE;, NDING COM-
PLIANCE WITH THE,
OPEN MEETINGS LAW;
PROVIDING A SEVERA-
BILITY CLAUSE; . AND
PROVIDING FOR AN,EF-
,,' FECTIVE DATE.
CITY OF LA PORTE
'S!l'jorml1n L. Malone
Mayor,
\
'1
ATTEST:
s1Martha Gillett
City, Secretary
PUBLIC NOTICE
, ORDINANCE'
2001.2t74.A II;;'
CITY OF LAPORTE
s!Norman'L. Malone
AN ORD
fO the Registered Voters of the ING ;p
City of~, Texas: (A los ANNUAL
votantes registrados' 'del THE CIT'
Ciudad de ~,Texas.) CALLIN(
Notice is he~by given that the ELECTIC
polling places listed below SARY;
will be open from 7:00 a.m. to ELECTIC
7:00p.m.,on~;2001,for AND POl
voting in a general election to PROVIDI
elect At Larile Catincilper'5on USE
Position "An. )fora.3year MACHIN
term' Councilperson-District ING EL:
,4. for a 3 year term and ,CIALS; P
Councilpersoo-District 5 for a METHOD
3 year term EARLY
(Notifiquese. por Las presente. ' VIDING ]
que Las casillas electIJrates VOTING
sitados abajo se abriran. desde BOARD;
Las 7:00 a.m. /lasta 7:00p~m. FOR REl
el 5 de 'Yayo 20pI,para VASS OF
votar en / a Eleccion General ELECTIC
para elegir Consc::iero FOR NO'
, :Municipal General - ING FOR
,Cons~ero At Larile PosiciQn' LINE AN
A. par un termino de 3 anos FOR CA~
Cons~ero - District 4 por un VIDING
termino de 3 anos Consc;jero - CLAUSE;
District 5. porim termino de 3 PLIANCE
~. OPEN M
AND PI
, EFFECTf
OF.
LOCATION(S) OF
fOLLING PLACES (DIREC
'CION(ES) DE LAS CASIL-
LAS ELECTORALES) see
attached (mire Iris sigante)
BE IT ORJ
CITY CO
CITY OF I
Early voting by personal
appearance will be conducted ,
each weekday ,at (La yotacion
adelaJ:Itada en persona se, lIe-
vara a cabo de lunes a viernes
en) City Hall, 604 West
Fainnl)DtParkWay. (location)'
(Sitio). '
Section 1
. An elec
within the
the City of
the 5th day
day being t
. May, 200
o'clock (7:(
o'clock (7:
purpose of
ing City of
CouncilI
Position A
Councilp
fora
Applications for ballot by
mail shall be mailed to:
(Las solicitudes para bo!etas
que se votaran en ausencia
por: correo deberan enviarse
a:)
Coun.cilp
for a
A run-oft
sary, sha
Saturday,
between th,
Martha A. ,Gillett City'
. Secretary (Name of Early
Votill:g Clerk) (Nombre del
Secretario( a) de / a Votaeion
Adelantada) 604 W. fairmont
Parkway (Address) Direccion)
La Porte Te~as 77572-1115
(City) (Ciudad) (Zip Code)
(Zona Postal) , -
Section 2
Said elect
each of th,
places will
the followi
are hereby
cers of said
~
Polling PIa
(Las solicitudes para boietas
que se votaran en usencia par
'Lomax E
(E
e
e
SECTION 1. GENERAL PROVISIONS
1.1 PURPOSE AND POLICY
This ordinance sets forth uniform requirements for users of the publicly owned
treatment works (POTW) for the City of La Porte and enables the City of La Porte
to comply with all applicable State and Federal laws including the Clean Water
Act (33 U.S.C. l25let seq.), and the General Pretreatment Regulations (40 CFR
Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW that will interfere
with operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass
through the POTW , inadequately treated into receiving waters or
otherwise be incompatible with the POTW;
C. To ensure that the quality of the wastewater treatment plant sludge is
maintained at a level which allows its use and disposal in compliance with
statutes and regulations;
D. To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general public;
E. To improve the opportunity to recycle and reclaim wastewater and sludge
from the POTW;
F. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvements of the POTW; and
G. To enable the City of La Porte to comply with its TPDES permit
conditions, sludge use and disposal requirement and any other Federal or
State laws to which the POTW is subject.
This ordinance shall apply to all industrial users of the POTW. The ordinance
authorizes the issuance of wastewater discharge permits; authorizes monitoring,
compliance and enforcement activities; establishes administrative review
procedures; requires industrial user reporting and provides for setting of fees for
the equitable distribution of costs resulting from the program established herein.
1.2 Administration
Except as otherwise provided herein, the Director of Public Works shall
administer, implement and enforce the provisions of this ordinance. Any powers
granted to or duties imposed upon the Director of Public Works may be delegated
by the Director of Public Works to other city personnel.
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1.3 Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as
used in this ordinance, shall have meanings hereinafter designated.
A. Act or "the act" - The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
B. Approval Authority - Region 6 Administrator of the U.S. EPA, or his
designatee.
C. Authorized Representative of the Industrial User
I. If the industrial user is a corporation, the authorized representative
shall mean:
a. the president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making function
for the corporation;
b. the manager of one or more manufacturing, production, or
operation facilities employing more than two hundred and
fifty(250) persons or having a gross annual sales or expenditures
exceeding $ 25 million( in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2. If the industrial user is a partnership, or sole proprietorship an
authorized representative shall mean a general partner or proprietor,
.respectively.
3. If the industrial user is a Federal, State or local governmental facility,
an authorized representative shall mean a director or highest official
appointed or designated to oversee the operation and performance of
the activities ofthe government facility, or his and or her designee.
4. The individuals described in paragraphs 1-3 above may designate
another authorized representative if the authorization is in writing, the
authorization specifies the individual or person responsible for the
overall operation of the facility from which the discharge originates or
having overall responsibility for the environmental matters for the
company, and the written authorization is submitted to the City of La
Porte.
D. Biochemical Oxygen Demand ( BOD) - The quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory
3
,
,
procedure, five(5) days at 20 degrees centigrade expressed in terms of
mass and concentration [ milligram per liter ( mg/l ) ].
E. Categorical Pretreatment Standard or Categorical Standard - Any
regulation containing pollutant discharge limits promulgated by the U.S.
EPA in accordance with sections 270 (b) and ( c ) of the act ( 33 U.S.C.
1317 ) which apply to a specific category of industrial users and which
appear in 40 CFR Chapter I, Subchapter N, parts 405-471.
F. Certificate of Occupancy - A permit showing that the industry or business
has complied with this ordinance and has been shown to have only
sanitary waste discharge.
G. City - The City of La Porte or the City Council of La Porte.
H. Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed
from a chemical oxidant, expressed as mg/l.
I. Color - The optical density at the visual wavelength of maximum
absorption, relative to distilled water. One hundred percent ( 100 % )
transmittance is equivalent to zero ( 0.0 ) optical density.
J. Composite Sample - The composite resulting from the combination of
individual wastewater samples taken at selected intervals based on an
increment of either flow or time.
K. Director of Public Works or Director - The person designated by the City
of La Porte to supervise the operation of the POTW, and who is charged
with certain duties and responsibilities by this ordinance or his/her
authorized representative.
L. Domestic Sewage - Water-borne wastes normally discharging from the
sanitary conveniences, free from storm surface water, industrial wastes,
and in which the average concentration of total suspended solids is not
greater than 300mg/1 and BOD is not more than 250 mg/l.
M. Environmental Protection Agency or EPA - The U.S. Environmental
Protection Agency or, where appropriate, the term may also be used as a
designation for the Regional Water Management Division Director or
other duly authorized official of said agency.
N. Existing Source - Any source of discharge, the construction or operation
of which commence prior to the publication of proposed categorical
pretreatment which will be applicable to such source if the standard is
thereafter promulgated in accordance with Section 307 of the act.
4
,
,
O. Grab Sample - A sample which is taken from the waste stream on one
time basis without regard to the flow in the waste stream and without
consideration of time.
P. Indirect Discharge or Discharge - The introduction of a non-domestic
pollutant into the POTW from any non-domestic source regulated under
Section 307 (b), (c ) or (d) of the act. To deposit, conduct drain, emit,
throw, run, and allow to seep or otherwise release or deposit of, or to
allow permit or suffer any of these acts or emissions.
Q. Industrial User or User - An industry or business which discharges
wastewater into the City's wastewater treatment plant. A source of direct
discharge.
R. Industrial Waste Questionnaire - The document provided by the City to all
applicants on which basic information and data are placed describing the
applicant's production process, raw materials, and other information as
deemed necessary by the City to accurately assess the nature of any
potential waste discharges.
S. Industrial Wastes - All water-borne solids, liquids, or gaseous wastes
resulting from any industrial, manufacturing, or food processing operation
or process, or from the development of any natural resource, or any
mixture of these with water or domestic sewage distinct from domestic
sewage.
T. Instantaneous Maximum Allowable Discharge Limit - The maximum
concentration (or loading) of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composite sample
collected, independent of the industrial flow rate and the duration of the
sampling event.
U. Interference - A discharge which alone or in conjunction with a discharge
or discharges from other sources:
1.) inhibits or disrupts the POTW , its treatment process or operations
or its sludge processes, use or disposal; and
2.) therefore is a cause ofa violation of City's TPDES permit or of the
prevention of sewage sludge use or disposal in compliance with
any of the following statutory / regulatory provisions or permits
issued thereunder ( or more stringent state or local regulations) :
Section 405 of the Clean Water Act; the Solid Waste Disposal Act
( SWDA), including Title II ( Resource Conservation and
Recovery Act - RCRA; and State regulations contained in any
State sludge management plan prepared pursuant to Subtitle D of
the SWDA; the Clean Act; the Toxic Substances Control Act; and
the Marine Protection, Research and Sanctuaries Act.
5
.
.
V. Lower Explosive Limit - The concentration of a gas or vapor ( in percent
by volume).which, in the presence of an ignition source, will ignite.
W. Medical Waste - Isolation wastes, infectious agents, humane blood and
blood by-wastes products, pathological wastes, sharps, body parts,
fomites, etiologic, contaminated bedding, surgical potentially
contaminated laboratory wastes and dialysis wastes.
X. New Source
(1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced
after the publication or proposed standards under Section 307(c) of the Act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is
constructed at a site at which no other source is located; or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation is substantially
independent of an existing source at the same site. In
determining whether these are substantially independent,
factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which
the new facility is engaged in the same general type activity
as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a
new building, structure, facility or installation meeting the criteria of
Section 1 (b) or (c) above but otherwise alters, replaces, or add to existing
process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commence if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous onsite
construction program:
(i) Any placement, assemble, or installation of
facilities or equipment, or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing building,
structure, or facilities which is necessary for the
placement, assembly, or installation of a new source
facilities or equipment.
6
.
.
(b) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within reasonable time. Options to purchase or
contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and
design studies do not constitute a contractual obligation under
this paragraph.
Y. Non-contact Cooling Water - Water used for cooling which does not
come into direct contact with any raw material intermediate product, waste
product or finished product.
Z. Non Significant Industrial User ( NSIU ) - Any industry or business that
has the potential to discharge any potential pollutants that could pass
through and/or interfere with the POTW, cause the POTW to violate its
own TPDES permit, cause contamination of the sludge, cause
endangerment to the POTW workers, and/or contaminate the environment,
but that is not consider a significant user.
AA. Domestic User (DU ) - Any industry or business discharging only
domestic sewage into the city sewer system.
BB. Pass Through - A discharge which exits the POTW into water of the U. S.
in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the City's TPDES permit, including an increase in the
magnitude or duration of a violation.
CC. Person - Any individual, partnership, co-partnership, firm, company,
corporation, their association, joint stock company, trust, estate,
governmental entity or any other legal entity, or legal representatives,
agents or assigns. This definition includes all Federal, State, or Local
governmental entities.
DD. pH - A measure of the acidity or alkalinity of a substance, expressed in
standard units. It is the reciprocal of a logarithm (Base 10 ) of the
hydrogen ion concentration of a solution.
EE. Pollutant - Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat, wrecked
or discharge equipment, rock, sand, cellar dirt, agricultural and industrial
wastes, and the characteristics of the wastewater ( i.e.; pH, temperature,
TSS, turbidity, color, BOD, CBOD, toxicity, and odor ).
FF. Pretreatment - The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties in the
wastewater prior to or in lieu of introducing such pollutants into the
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POTW. This reduction or alteration can be obtained by physical ,chemical,
or biological processes, by process changes, or by other means, except by
diluting the concentration of the pollutants unless allowed by applicable
pretreatment standard.
GG. Pretreatment Requirements - Any substantive or procedural requirement
related to pretreatment imposed on an industrial user, other than a
pretreatment standard.
HH. Pretreatment Standards or Standard - Pretreatment standard, shall mean
prohibitive discharge standards, categorical pretreatment standards, and
local limits.
II. Prohibitive Discharge - Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 2.1 of this
ordinance.
J1. Publicly Owned Treatment Works ( POTW ) - A treatment works as
defined by Section 212 of the Act ( 33 U.S.C. 1292 ), which is owned by
the State or Municipality. This definition includes any devices or systems
used in the collection, storage, treatment, recycling and reclamation of
sewage or industrial wastes and any conveyances which convey
wastewater to a treatment plant. The term also means the municipal entity
having jurisdiction over the industrial users and responsibility for the
operation and maintenance of the treatment plant.
KK. Septic Tank Waste - Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
LL. Sewage - Human excrement and gray water ( household showers,
dishwashing operation, etc.). A combination of water-carried waste; from
residences, buildings, institution, and industrial establishments.
MM. Significant Industrial User ( SIU) - Shall apply to:
a) industrial users subject to categorical pretreatment standards; and
b) any other industrial user that;
i) discharges an average of 25,000 gpd or more of process
wastewater,
ii) contributes a process waste stream which make up 5
percent or more of the average dry weather hydraulic or
organic capacity of the plant or,
iii) is designated as significant by the City based on the
reasonable potential that the industrial user can adversely
affect the POTW's operation or for violating any
pretreatment standard or requirement.
NN. Slug Load - Any discharge at a flow rate or concentration which could
cause a violation of the prohibitive discharge standards in Section 2.1 of
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this ordinance or any discharge of a non-routine, episodic nature, including
but not limited to, an accidental spill or a non-customary batch discharge.
00. Standard Industrial Classification Code ( SIC) - A classification pursuant
to the Standard Industrial Classification Manual issued by the U.S. Office
Management and Budget.
PP. Storm Water - Any flow occurring during or following any form of natural
precipitation, resulting therefrom, including snowmelt.
QQ. Surcharge - The charge in addition to the published water and sewer rate.
The basis for surcharges on industrial wastes is a capital and operating cost
for the treatment and removal of suspended solids and BOD exceeding
"domestic" sewage.
RR. Suspended Solids - The total suspended matter that floats on the surface
of, or is suspended in water, wastewater, or other liquid and which is
removable by laboratory filtering.
SS. Toxic Pollutant - One of 126 pollutants, or combination of those
pollutants, listed as toxic in regulations promulgated by the EP A under the
provision of Section 30 (33 U.S.C. 1317) of the Act.
TT. Treatment Plant Effluent - Any discharge of pollutants from the POTW
into waters of the State.
UU. Utility Superintendent or Superintendent - The person designated by the.
Director of Public Works as his/or her authorized representative.
VV. Wastewater - Liquid and water-carried industrial wastes, and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which are
contributed to the POTW.
WW. Wastewater Treatment Plant or Treatment Plant - That portion of the
POTW designed to provide treatment of sewage and industrial waste. It
shall mean any arrangement of devices and structures used for treating
sewage.
Shall is mandatory; may is permissive or discretionary; The use of the
singular shall be con-strued to include the plural and plural shall include
singular as indicated by the context of its use.
1.4 Abbreviations
The following abbreviation shall have the designated meanings:
9
2nd NOV
BOD
CFR
COD
EPA
gpd
LEL
mg
mg/l
DU
NIS
NSIU
NOV
TPDES
O&M
RCRA
SIC
SWDA
TSS
USC
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Second Notice of Violation
Biochemical Oxygen Demand
Code of Federal Regulations
Chemical Oxygen Demand
Environmental Protection Agency
Gallons Per Day
Lower Explosive Limit
Milligram
Milligram Per Liter
Domestic User
Notice of Impending Suspension
Non Significant Industrial User
Notice of Violation
Texas Pollutant Discharge Elimination System
Operation and Maintenance
Resource Conservation and Recovery Act
Standard Industrial Classifications
Solids Waste Disposal Act (42 U.S.C. 6901, et seq.)
Total Suspended Solids
United States Code
SECTION 2. GENERAL SEWER USE REQUIREMENTS
2.1 Prohibitive Discharge Standards
No Industrial user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These general
prohibitions apply to all industrial users of the POTW whether they are subject to
categorical pretreatment standards or any National, State or local pretreatment
standards or requirement. No industrial user may contribute the following
substances to the POTW.
A. Pollutants which create a fire or explosion hazard in the municipal
wastewater collection and POTW, including, but not limited to, waste
streams with a close-cup flash point ofless than 140 degrees Fahrenheit
( 60 degrees Centigrade ) using the test methods specified in 40 CFR
261.21.
B. Any wastewater having a pH less than 5.5 or more than 9.5 or otherwise
causing corrosive structural damage to the POTW or equipment, or
endangering City personnel.
C. Solid or viscous substances in amounts which will cause obstruction of
flow in the POTW resulting in interference, or other interference with
proper operation of the sewage works, such as ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, fish scales, tar, plastics, wood,
whole blood, paunch manure, hair, fleshing, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues, or bulk solids.
10
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D. Any wastewater contammg pollutants, including oxygen demanding
pollutants ( BOD ), released in a discharge at a flow rate and! or pollutant
concentration which either singularly or by interaction with other
pollutants, will cause interference with either the POTW; or any
wastewater treatment or sludge process, or will constitute a hazard to
humans or animals.
E. Any wastewater having a temperature greater than 150 degrees Fahrenheit
( 65 degrees Centigrade ) or which will inhibit biological activity in the
treatment plant resulting in interference, but in no case wastewater which
causes the temperature at the introduction into the treatment plant to
exceed 140 degrees Fahrenheit ( 40 degrees Centigrade ).
F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
G. Any pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problem.
H. No trucked or hauled pollutants shall be discharged to the City's POTW.
I. Any noxious or malodorous liquids, gases, solids, or other wastewater
which singly or by interaction with other wastes, are sufficient to create a
public nuisance, a hazard to life, or to prevent entry into the sewers for
maintenance and repairs.
J. Any wastewater which imparts color which cannot be removed by the
treatment process, such as, dye waste, and vegetable tanning solution,
which consequently imparts color to the treatment plant's effluent thereby
violating the City's TPDES permit. Color, in combination with turbidity,
shall not cause the treatment plant effluent to reduce the depth of
compensation point for photosynthetic activity by more than ten (10)
percent from the seasonably established norm for aquatic life.
K. Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State
or Federal regulations.
L. Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, deionized
water, non-contact cooling water, and unpolluted industrial wastewater
unless specifically authorized by the Director.
M. Any sludge, screenings, or other residues from the pretreatment of
industrial wastes.
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N. Any medical waste, except as specifically authorized by the Director in a
wastewater discharge permit.
O. Any wastewater causing the treatment plant's effluent to fail a toxicity
test.
P. Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the POTW.
Q. Any discharge of fat, oils, or greases of animal origin is limited to
200mg/1.
R. No person shall discharge into the public sewer any of the following
materials unless limits have been established by the approving authority
and included in the industrial user's permit:
Antimony
Beryllium
Bismuth
Boron
Fungicides
Gasoline
Herbicides
Molybdenum
Naphtha
Insecticides
Tellurium
Tin
Uranyl ion
Radioactive Elements
Waste prohibited by this section shall not be processed or stored in a manner that they
could be discharged to the POTW. All floor drains located in process or materials
storage areas must be discharge to the industrial user's pretreatment facility before
connecting with the POTW.
2.2 Federal Categorical Pretreatment Standards
The national categorical pretreatment standards found m 40 CFR Chapter I,
Subchapter N, Parts 405-471 are hereby incorporated.
2.3 Local Limits
(a) Pursuant to 40 CFR 403.8, each POTW shall develop and enforce specific
limits to implement the prohibitions listed in subsection 2.3 (c). The local limits
in this section are based on the uniform concentration method. These local limits
shall continue to be reevaluated and developed at least once every three years and
the City will effectively enforce such limits.
(b) The specific limits on pollutants developed by the City shall apply at the final
discharge point of the Industrial User prior to discharging into the city's sanitary
sewer system.
(c) Specific Limitations
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Maximum concentration of heavy metals. Under this article, the maximum
allowable concentrations of heavy metals, stated in terms of milligrams per liter
(mg/l), are as follows:
(I) ARSENIC
(2) CADMIUM
(3) CHROMIUM
(4) COPPER
(5) CYANIDE
(6) LEAD
(7) MERCURY
(8) NICKEL
(9) SILVER
(10) ZINC
1.108 mg/l
0.284 mg/l
1.377 mg/l
0.723 mg/l
0.000 mg/l
0.141 mg/l
0.006 mg/l
0.075 mg/l
0.000 mg/l
2.295 mg/l
0.000 - Pollutants with a 0.000 local limit will use the detection limit as the local limit. .
The limit will be enforced by the minimum analytical limit (MAL) of a permitted
industry's discharge.
2.4 City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW if
deemed necessary to comply with the objectives presented in Section 1.1 of this
ordinance or the general and specific prohibitions in Section 2.1 of this ordinance.
2.5 Special Agreement
The City reserves the right to enter into special agreements with industrial users
setting out special terms which they may discharge to the POTW. In no case will
a special agreement waive compliance with a pretreatment standard or
requirement. However, the industrial user may request a net gross adjustment to a
categorical standard in accordance with 40 CFR 403.15. They may also request a
variance from the categorical pretreatment from EP A. Such a request will be
approved only if the industrial user can prove that factors relating to its discharge
are fundamentally different from factors considered by EP A when establishing
that pretreatment standard. An industrial user requesting a fundamentally
different factor variance must comply with the procedural and substantive
provisions in 40 CFR 403.13.
2.6 Dilution
No industrial user shall ever increase the use of process water, or in any way
attempt to dilute a discharge, as partial or complete substitute for adequate
treatment to achieve compliance with a discharge limitation unless expressly
authorized by the applicable pretreatment standard or requirement. The Director
may impose mass limitation on industrial users which are using dilution to meet
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applicable pretreatment standards or requirements, or in other case when the
imposition of mass limitations is appropriate.
2.7 National Pretreatment Standards (NPS )
A. If more stringent NPS exist for certain categories of industries or if more
stringent NPS are promulgated for certain categories of industries by the
USEP A, the more stringent national standard will apply to the permittee.
B. Unless exception is granted by the City, the public sanitary sewer system
shall be used by all persons discharging :
1. Wastewater
2. Industrial Waste
3. Polluted Liquids
C. Unless authorized by the TNRCC, no person may deposit or discharge any
waste included in the paragraph above on public or private property or
into or adjacent to any:
1. Natural Outlet
2. Watercourse
3. Storm Sewer
4. Other area within the jurisdiction of the City.
The Director shall verify prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of laws, regulations, ordinances, rules
and orders of federal, state, and local governments.
SECTION 3. PRETREATMENT OF WASTEWATER
3.1 Pretreatment Facilities
lndustdal users shall provide necessary wastewater treatment as required to
comply with this ordinance and shall achieve compliance with all categorical
pretreatment standards, local limits and the prohibitions set out in Section 2.1
above within the time limitations specified by the EP A, the State, or the Director.
Any facilities required to pre-treat wastewater to a level acceptable to the Director
shall be operated, and maintained at the industrial waste user's expense. Detailed
plans showing the pretreatment facilities and operating procedures shall be
submitted to the Director for review, and shall be acceptable to the Director
before construction of the facility. The review of such plans and operating
procedures will in no way relieve the industrial user from the responsibility of
modifying the facility as necessary to produce an acceptable discharge to the
POTW under the provisions of this ordinance.
3.2 Additional Pretreatment Measures
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A. Whenever deemed necessary, the Director may require industrial users to
restrict their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and lor
consolidate points, separate sewage waste-streams and such other
conditions as may be necessary to protect the POTW and determine the
industrial user's compliance with the requirements of this ordinance.
B. Each permittee discharging into the POTW greater than 120,000 gallons
per day or greater than 5 percent of the average daily flow in the POTW,
whichever is lesser, shall install and maintain, on their property and at
their expense, a suitable storage and flow control facility to insure
equalization of flow over a twenty-four (24) hour period. The facility
shall have the capacity for at least 200 percent of the daily discharge
volume and shall be equipped with alarms and a rate of discharge
controller, the regulation of which shall be directed by the Director. A
wastewater discharge permit may be issued solely for flow equalization.
C. Grease, oil and sand interceptors shall be provided when, in the opinion of
the Director, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand; except that such
interceptors shall not be required for residential users. All interceptors
units shall be of type and capacity approved by the Director and shall be
so located to be easily accessible for cleaning and inspection. Such
interceptors shall be inspected, cleaned, and repaired regularly, as needed,
by the permittee at their own expense.
D. Industrial users with the potential to discharge flammable substances may
be required to install and maintain an approved combustible gas detector
meter.
E. At no time shall two readings on a explosion hazard meter at the point of'
discharge into the POTW, or at any point in the POTW, be more than five
percent (5% ) nor any single reading over ten percent (10%) of the lower
explosive limit (LEL) of the meter.
SECTION 4. WASTEWATER DISCHARGE PERMIT ELIGIBILITY
4.1 Wastewater Survey
When requested by the Director, all industrial users must submit information on
the nature and characteristics of the wastewater by completing an industrial waste
questionnaire prior to commencing their discharge. The Director is authorized to
prepare a form for this purpose and may periodically require users to update the
survey. Failure to complete this questionnaire shall be considered a violation of
the ordinance.
4.2 Wastewater Discharge Permit Requirement
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It shall be unlawful for any industrial user to discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the Director.
Any violation of the terms and conditions of a wastewater permit shall be deemed
a violation of this ordinance and subject the wastewater discharge permittee to the
sanctions set out in Section 10-12. Obtaining a wastewater discharge permit does
not relieve a permittee of its obligation to comply with all Federal and State
pretreatment standards or requirements.
4.3 Wastewater Discharge Permitting Existing Connections
Any industrial user which discharges industrial waste into the POTW prior to the
effective date of this ordinance and who wishes to continue such discharges in the
future, shall, within ninety ( 90 ) days after said date, apply to the City for a
wastewater discharge permit in accordance with Section 4.5 below, and shall not
cause and allow discharges to the POTW to continue after ninety
( 90 ) days of the effective date of this ordinance except in accordance with a
wastewater discharge permit issued by the Director.
4.4 Wastewater Discharge Permitting Extrajurisdictional Industrial Users
A. Any existing industrial user located beyond the City limits shall submit a
wastewater discharge permit application, in accordance with Section 4.6
below, within ninety ( 90 ) day of the effective date of this ordinance.
New industrial users located beyond the City limits shall submit such
applications to the Director ninety ( 90 ) days prior to any proposed
discharge into the POTW.
B. Alternately, the Director may enter into an agreement with the
, neighboring jurisdiction in which the industrial user is located to provide
for the implementation and enforcement of the pretreatment program
requirements against said industrial user.
4.5 Wastewater Discharge Permit Application Contents
In order to be considered for a wastewater discharge permit the permittee must
submit the information required by Section 6.1 ( b ) of this ordinance. When a
pretreatment process is required, plans must be submitted and must stamped by a
registered professional engineering license to practice in the State of Texas. The
Director shall approve a form to be used as a permit application. In addition, the
following may be requested:
· Description of activities, facilities, and plant processes on the premises,
including a list of all raw materials and chemicals used or stored at the facility
which are, or could accidentally or intentionally be, discharged to the POTW.
· Number of employees, type of operation, and proposed or actual hours of
operation.
· Each product produced by type, amount, process or processes, and rate
production.
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. Type and amount of raw materials processed ( average and maximum per
day).
· Site plan, showing floor plan, mechanical and plumbing plans, and details to
sewers and appurtenances by size, location and elevation and all points of
discharge.
. Time and duration of the discharge.
· Plans and specifications of the grease, oil, and sand interceptors and control
location.
· Any other information as may deemed necessary by the Director to evaluate
the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the
industrial user for revision.
4.6 Application Signatories and Certification
All wastewater discharge permit applications and industrial user reports must
contain the following certification statement and be signed by an authorized
representative of the user.
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief,
true , accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and loss of services
for knowing violations."
4.7 Wastewater Discharge Permit Content
The Director will evaluate the data furnished by the industrial user and may
require additional information. Within ten ( 10 ) days of receipt of a complete
wastewater discharge permit application, the Director will determine whether or
not to issue a wastewater discharge permit. If no determination is made within
this time period, the application will be deemed denied. The Director may deny
any application for a wastewater discharge permit.
SECTION 5 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5.1 Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period not to
exceed five (5) years. A wastewater discharge permit may be issued for a period
ofless than five (5) years, at the discretion of the Director.
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Other non-domestic users are issued a one time "Certificate of Occupancy" permit
to identify that domestic waste is their only discharge.
Each wastewater discharge permit will indicate a specific date upon which it will
expire.
5 .2 Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as are reasonably
deemed necessary by the Director to prevent pass through or interference, protect
the quality of the of the body of water receiving the plant's effluent, protect
worker health and safety facilitate sludge management and disposal, protect
ambient air quality, and protect against damage to the POTW.
A. Wastewater discharge permits must contain the following conditions:
I. A statement that indicates wastewater discharge permit duration, which in
no event shall exceed five ( 5 ) years.
2. A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the Director, and
provisions for furnishing the new owner or operator with a copy of the
existing wastewater discharge permit.
3. Effluent limits applicable to the industrial user and in accordance with
applicable Federal, State, and local law.
4. Self-monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling locations, sampling frequency, and
sample type based on Federal, State, and local law.
5. Statement of applicable civil, criminal, and administrative penalties for
violation of pretreatment standards and requirement, and any applicable
compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State, or Local
law.
B. Wastewater Discharge permits may contain, but not limited to, the following:
1. Limits on the average and / or maximum rate of discharge, time of
discharge, and/ or requirements for flow regulation and equalization.
2. Limits on the instantaneous, daily, and monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties.
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3. Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works.
4. Development and implementation of spill control plans or other special
conditions including management practices necessary to adequately
prevent accidental, unanticipated, or routine discharges.
5. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
6. The unit charge or schedule of industrial user charges and fees for the
management of the wastewater discharge to the POTW.
7. Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
8. A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal, State, pretreatment standards, including those which
become effective during the term of the wastewater discharge permit.
9. Other conditions as deemed appropriate by the Director to ensure
compliance with this ordinance, and Federal, State laws rules, and
regulations.
5 .3 Wastewater Discharge Permit Appeals
Any person, including the industrial user, may petitIon the city to reconsider the
terms of a wastewater discharge permit within ten ( 10 ) days of its issuance.
A. Failure to submit a timely petition for review shall be deemed as a waiver
of administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge
permit provision objected to, the reasons for this objection, and the
alternative condition, if any, it seeks to place in the wastewater discharge
permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
D. If the City fails to act within ten (10) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider, not to issue ,or
not modify a wastewater, discharge permit, shall be considered final
administrative action for purposes of judicial review.
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E. Aggrieved parties seeking judicial review of the final administrative action
of a wastewater discharge permit decision, must do so by filing a
complaint with the Harris County District Court within (30) days of such
final administrative action.
5.4 Wastewater Discharge Permit Modification
The Director may modify the wastewater discharge permit for good cause
including, but not limited to the following:
A. To incorporate any new or revised Federal, State, or Local pretreatment
standards or requirements;
B. To address significant alterations or additions to the industrial user's
operation processes, wastewater volume or character since the time of the
wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permittee's discharge poses a threat to the
City's POTW, City personnel or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application or any required reporting;
G. Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
H. To correct typographical or other errors m the wastewater discharge
permit;
I. To reflect a transfer of the facility ownership and/ or operation to a new
owner and/ or operator.
The filing of a request by the permittee for a wastewater discharge permit
modification does not stay any wastewater discharge permit condition.
5.5 Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner
and or operator only if the permittee gives thirty ( 30 ) days advance notice to the
Director and the Director approves the wastewater discharge permit transfer. The
notice to the Director must include written certification by the new owner and lor
operator and the following:
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A. Statement that new owner and/or operator has no immediate intent to
change the facility's operations and processes;
B. Identification of the specific date on which the transfer is to occur;
C. Acknowledgement of full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit invalid on the date of the facility transfer.
5.6 Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following reasons:
A. Failure to notify the Director of significant changes to the wastewater
prior to the changed discharge;
B. Failure to provide prior notification to the Director of changed condition
pursuant to Section 6.5;
D. Misrepresentation of fully disclosing all relevant facts m wastewater
discharge permit;
E. Falsifying self monitoring reports;
F. Tampering with monitoring equipment;
G. Refusing to allow the director timely access to the facility premises and
records;
H. Failure to meet effluent limitations;
I. Failure to pay fines;
J. Failure to pay sewer charges;
K. Failure to meet compliance schedules;
L. Failure to complete a wastewater surveyor the wastewater discharge
permit application;
M. Failure to provide advance notice of the transfer or requirement, or any
terms of the wastewater discharge permit or the ordinance.
Wastewater discharge permits shall be void upon nonuse , cessation of operations,
or transfer of business ownership. All wastewater discharge permits are void
upon the issuance of a new wastewater discharge permit.
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5.7 Wastewater Discharge Permit Reissue
All industrial users shall apply for a wastewater discharge permit reissue by
submitting a complete wastewater discharge permit application, thirty ( 30 ) days
prior to the expiration of the industrial user's existing wastewater discharge
permit in accordance with Section 4.6 of this ordinance.
SECTION 6 REPORTING REQUIREMENTS
6.1 Baseline Monitoring Reports
A. Within 180 days after the effective date a categorical pretreatment
standard, or final administrative decision on a category determination
under 40 CFR 403.6 (a)(4), whichever is later, existing significant
industrial users subject to such categorical pretreatment standards, and
currently discharging to or scheduled to discharge to the POTW, shall be
required to submit to the City a report which contains the information
listed in paragraph B, below. Ninety ( 90 ) days prior to commencement
of a discharge, new sources, the industrial user shall be required to submit
to the City a report which contains the information in paragraph B, below.
A new source shall also be required to report the method of pretreatment it
intends to use to meet applicable pretreatment standards. A new source
shall also give estimates of its anticipated flow and quantity of pollutants
discharged.
B. The industrial user shall submit the information required by this section
including:
I. Identifying Information. The name and address of the facility
including the name of the operator and owners.
2. Wastewater Discharge Permits. A list of any environmental
control wastewater discharge permits held by the facility.
3. Description of Operation. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such industrial user. This
description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated
processes.
4. Flow Measurements. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
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allow use of the combined waste stream formula set out in 40 CFR
403.6 (e).
5. Measurement of Pollutants.
a. Identify the categorical pretreatment standards applicable to
each regulated process.
b. Submit the results of sampling and analysis identifying the
nature and concentration (and / or mass, where required by
the standard or by the City) of regulated pollutants in the
discharge form each regulated process. Instantaneous,
daily maximum and long term average concentrations (or
mass, where required) shall be reported. The sample shall
be representative of daily operations and shall be analyzed
in accordance with sample procedures set out in Section
6.10.
c. Sampling must be performed m accordance with
procedures set out in Section 6.11.
6. Certification. A statement reviewed by the industrial user's
authorized representative and certified by the qualified professions,
indicating whether pretreatment standards are being met on a
consistent basis and, if not, whether additional operation and
maintenance ( 0 & M ) and/or additional pretreatment is required
to meet the pretreatment standards and requirements.
7. Compliance ~chedule. If additional pretreatment and/or O&M will
be required to meet the pretreatment standards; the shortest
schedule by which the industrial user will provide such additional
pretreatment and/or O&M. The completion of this schedule shall
not be later than the compliance date established for the applicable
pretreatment standard. A compliance schedule pursuant to this
section must meet the requirements set out in Section 6.2 (n) of
this ordinance.
8. All Baseline Monitoring Reports must be signed and certified in
accordance with Section 4.6.
6.2 Compliance Schedule Progress Report
The following condition shall apply to the schedule required by 6.1 (b7) of this
ordinance. The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the user to meet
the applicable pretreatment standards (such events include hiring an engineer,
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completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, beginning and
conducting routine operation). No increment referred to above shall exceed nine
(9) months. The industrial user shall submit a progress report to the Director no
later than fourteen (14) days following each date in the schedule and the final date
of compliance, including as a minimum, whether or not it complied with the
increment of progress, the reason for any delay, and if appropriate, the steps taken
by the industrial user to return to the established schedule. In no event shall more
than nine-(9) months elapse between such progress reports to the Director.
6.3 Report on Compliance with Categorical Pretreatment Standard Deadlines
Within ninety (90) days following the date for completion with applicable
categorical pretreatment standards, or in the case of a new source following the
commencement of the introduction of wastewater into the POTW , any industrial
user subject to pretreatment standards and requirements shall submit to the City a
report containing the information described in Section 6.1 (B4-6). For industrial
user subject to equivalent mass or concentration limits established in accordance
with the procedures in 40 CFR 403(6a), this report shall contain reasonable
measure of the industrial user's long-term production rate. For all other industrial
users subject to categorical pretreatment standards expressed in term allowable
pollutant discharge per unit of production ( or other measure of operation), this
report shall include the industrial user's actual production during the appropriate
sampling period. All compliance reports must be signed and certified in
accordance with Section 4.6.
6.4 Period Compliance Reports
A. Any significant industrial user subject to a pretreatment standard shall, at a
frequency determined by the Director but in no case less than twice per
year, at least six ( 6) months apart, submit a report indicating the nature
and concentration of pollutants in the discharge which are limited by such
pretreatment standard and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance
reports must be signed and certified in accordance with Section 4.6 of this
ordinance.
B. All wastewater samples must be representative of the industrial user's
discharge. Wastewater monitoring and flow measurement facilities shall
be kept clean, and maintained in good working condition at all times. The
failure of an industrial user to keep its monitoring facility in good working
order shall not be grounds for the industrial user to claim that sample
results are unrepresentative of its discharge.
C. If an industrial user subject to the reporting requirement in and of this
section monitors any pollutant more frequently than required by the City's
POTW, using the procedures prescribed in Section 6.11 of this ordinance,
the results of this monitoring shall included in the report.
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6.5 Report of Changed Conditions
Each industrial user is required to notify the Director of any planned significant
changes to the industrial user's operations or system which might alter the nature,
quality or volume of its wastewater at least thirty (30) days before the change.
A. The Director may require the industrial user to submit such information as
may be deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under Section
4.5.
B. The Director may issue wastewater discharge permit under Section 4.7 or
modify a wastewater discharge permit under Section 5.4.
C. No industrial user shall implement the planned changed condition(s) until
and unless the Director has responded to the industrial user's notice.
D. For purposes of this requirement flow increases of ten percent (10%) or
greater, and the discharge of any previously unreported pollutants shall be
deemed significant.
6.6 Reports of Potential Problems
A. In the case of any discharge including, but no limited to accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
discharge, or a slug load which cause potential problem for the POTW
(including a violation of the prohibited discharge standard in Section 2.1
of this ordinance), it is the responsibility of the industrial user to
immediately telephone and notify the City of the incident. This
notification shall include the location of discharge, type of waste,
concentration and volume, if known, and corrective action taken by the
industrial user.
B. Within five (5) days following such discharge, the industrial user shall,
unless waived by the Director, submit a detailed written report describing
the cause( s) of the discharge and the measures to be taken by the industrial
user to prevent similar future occurrences. Such notification shall not
relieve the industrial user of any expense, loss, damage, or liability which
may be incurred as a result of damage to the POTW, natural resources, or
any other damage to a person or property; nor shall such notification
relieve the industrial user of any fines, civil penalties, or other liability
which may be imposed by this ordinance.
c. Failure to notify the Director of a potential problem discharge shall be
deemed a separate violation of this ordinance.
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D. A notice shall be permanently posted on industrial user's bulletin board or
other prominent place of advertising whom to call in the event of a
discharge described in paragraph A, above. Employers shall ensure that
all employees, who may cause or suffer such a discharge to occur, are
advised of the emergency notification procedure.
6.7 Reports from Non-significant Industrial Users
All industrial users not subject to categorical pretreatment standards are required
to have a wastewater discharge permit and provide appropriate reports as required
by the Director.
6.8 Notice of Violation or Repeat Sampling and Reporting
If sampling performed by the industrial user indicates a violation, the industrial
user must notify the Director within twenty-four (24) hours of becoming aware of
the violation. The industrial user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the Director within thirty (30) days
after becoming aware of the violation. Industrial user is not required to resample
if the POTW performs sampling between the industrial's initial sampling and
when the industrial user receives the results of this sampling.
6.9 Notification of the Discharge of Hazardous Waste
A. Any industrial user who commences the discharge of hazardous waste
shall notify the POTW, the EP A Regional Waste Management Division
Director, and State hazardous waste authorities in writing of any discharge
into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under CFR Part 261. Such notification must include the
name of the hazardous waste set forth in 40 CFR Part 21, the EP A
hazardous waste number, and the type of discharge (continuous batch or
other). If the industrial user discharges more than ten (10) kilograms of
such waste per calendar month to the POTW, the notification shall also
contain the following information to the extent such information is known
and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the
wastes,
2. An estimation of the mass and concentration of such constituents in
the wastewater discharged during that calendar month, and
3. An estimation of the mass and constituents in the waste stream
expected to be discharged during following twelve(12) months.
All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications
of changed discharges must be submitted under Section 6.5 above. The
notification requirement in this section does not apply to pollutants alreadyt
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reported under the self-monitoring requirements of Sections 6.1, 6.3 and 6.4
above.
B. Discharges are exempt from the requirements of paragraph (1) of this
section during a calendar month in which they discharge no more than
fifteen(15) kilograms of hazardous waste, unless the wastes are acute
hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e).
Discharge of more than fifteen (15) kilograms of non-acute hazardous
wastes in a calendar month, or any quantity of acute hazardous wastes as
specified in 40 CFR 261.30 (d) and 261.33(e), requires a one time
notification. Subsequent months which the industrial user discharges
more than such quantities of non hazardous waste do not require
additional notification.
C. In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste, the industrial
user must notify the POTW, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities of the discharge
of such substance within ninety (90) days of the effective date of such
regulations.
D. In the case of any notification made under this section, the industrial user
shall certify that it has a program in place to reduce the volume and
toxicity of hazardous waste generated to the degree it has determined to be
economically practical.
6.10 Analytical Requirements
All pollutant analysis, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed in
accordance with the techniques prescribed in 40 CFR part 136, unless otherwise
specified in applicable categorical pretreatment standard. If 40 CFR part 136
does not contain sampling and analytical techniques for the pollutant in question,
sampling or analyses must be performed in accordance with procedures approved
by the EP A.
6.11 Sample Collection
A. Except as indicated in Section B, below, the industrial user must collect
wastewater samples using flow proportional composite collection
techniques. In the event flow proportional sampling is not feasible, the
Director may authorize the use of time proportional sampling or through a
minimum of four (4) grab samples where the user demonstrates that this
will provide a representative sample of the effluent being discharged. In
addition, grab samples may be required to show compliance with
instantaneous discharge limits.
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B. Samples for oil, grease and temperature, pH cyanide, phenols, toxicity,
sulfides, and volatile organic chemicals must be obtained using the grab
collection techniques.
6.12 Determination of Non-compliance
A grab sample(s) may be used to determine noncompliance with pretreatment
standards.
6.13 Timing
Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced by
the U. S. Postal Service, date of receipt of the report shall govern.
6.14 Record Keeping
Industrial users shall retain, and make available for inspection and copying, all
records and information required to be retained under this ordinance. These
records shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning
compliance with this ordinance, or where the industrial user has been specifically
notified of a longer retention period by the Director.
SECTION 7.
COMPLIANCE MONITORING
7.1 Inspection and Sampling
The City shall have the right to enter the facilities of any industrial user to
ascertain whether the purpose of this ordinance, and any permit or order issued
hereunder, is being met and whether the industrial user is complying with all the
requirements thereof. Industrial users shall allow the Director or his
representative ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of
any additional duties.
A. Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises, the
industrial user shall make necessary arrangements with its security guards
so that upon representation of suitable identification, personnel from the
City, State, and EP A will be permitted to enter without delay, for the
purposes of performing their specific responsibilities.
B. The City, State, and EPA shall have the right to set up on the industrial
user property, or require installation of , such devices as are necessary to
conduct sampling and/or metering of the users operations.
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C. The City may require the industrial user to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe proper operating condition by the
industrial user at its own expense. All devices used to measure
wastewater flow and quantity shall be calibrated annually to ensure
accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
industrial facility to be inspected and/or sampled shall be promptly
removed by the industrial user at the written or verbal request of the
Superintendent and shall not be replaced. The costs of clearing such
access shall be born by the industrial user.
E. Unreasonable delays in allowing the City personnel access to the industrial
user premises shall be a violation of this ordinance.
7.2 Search Warrants
If the Director's authorized representative has been refused access to a building,
structure or property or any part thereof, and, if the Director's authorized
representative has demonstrated probable cause to believe that there may be a
violation of this ordinance, or that the need to inspect as part of a routine
inspection program of the City designed to verify compliance with this ordinance
or any permit or order issued hereunder , or to protect the overall public health,
safety and welfare of the community, then upon application by the City Attorney,
the Municipal Court Judge of the City may issue a search and/or seized warrant
describing therein the specific location subject to the warrant. The warrant shall
specify what, if anything, may be searched and/or seized on the property
described. Such warrant shall be served at reasonable hours by the City Marshal.
In the event of an emergency affecting public health, safety and welfare,
inspection shall be made without issuance of a warrant.
SECTION 8 CONFIDENTIAL INFORMATION
8.1 Information and data on an industrial user obtained from reports, surveys,
wastewater discharge reports and monitoring programs, and from City inspection
and sampling activities, shall be available to the public without restriction unless
the industrial user specifically requests, and is able to demonstrate to the
satisfaction of the City, that the release of such information would divulge
information, processes or methods or production entitled to protection as trade
secrets under applicable State law. When requested and demonstrated by the
industrial user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade secrets, or secrets
processes shall not be available for inspection by the public, but shall be made
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available immediately upon request to governmental agencies for uses related to
the NPDES program or pretreatment program, and enforcement proceedings
involving the person furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be
recognized as confidential information and will be available to the public without
restriction.
The provisions of this Section 8 shall be subject to the provisions of the Texas
Public Information Act, codified as Chapter 552, Texas Government Code. In the
event of a request under said Act for information which the industrial user or the
City may deemed confidential, the City shall request an opinion from the Texas
Attorney General as to whether such information is subject to disclosure.
SECTION 9
PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
VIOLATION
The City shall publish annually, in the largest daily newspaper published in the
municipality where the POTW is located, a list of industrial users which, during
the previous twelve (12) months, were in significant noncompliance with
applicable pretreatment standards and requirements. The term significant
noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all of the measurements taken
during a six month period exceed (by any magnitude) the daily maximum
limit or the average limit for the same pollutant parameter;
B. Technical Review Criteria (TRC) violation, defined here as those in which
thirty-three percent (33%) or more of the measurements for each pollutant
parameter taken during a six month period equal or exceed the product of
the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC = 1.4 for BOD,TSS, Fats, Oil, and Grease, and 1.2 for all other
pollutants except pH );
C. Any other violation of a pretreatment effluent limite daily maximum or
long term average) that the Director determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority under 40 CFR 403.8 (f) (1)
(vi) (B) to halt or prevent such a discharge;
E. Failure to meet within ninety (90) days after the schedule date, a
compliance schedule milestone contained in a local control mechanism or
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enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide, within thirty (30) days after the due date, required
reports such as baseline monitoring reports, 90-day compliance reports,
periodic self-monitoring reports and reports on compliance with
compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations which the Director determines
will adversely affect the operation or implementation of the local
pretreatment program.
SECTION 10 ADMINISTRATIVE ENFORCEMENT REMEDIES
10.1 Notification of Violation
Whenever the Director finds that any user has violated any portion of this
ordinance, a wastewater discharge permit, a pretreatment requirement or any other
violation of this ordinance hereunder, the Director or his agent may serve upon
said user a written Notice of Violation. (NOV). If a compliance date is not set in
the notice then it shall state "within ten (J 0) days of the receipt of this notice, an
explanation of the violation and a plan for satisfactory correction and prevention
thereof, to specific required action, shall be submitted by the user to the Director
or his agent". Submission of this plan in no way relieves the user of liability for
any violations occurring before or after the receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the City to take any action,
including emergency actions, or any other enforcement action ,without first
issuing Notice of Violation.
10.2 Consent Orders
The Director is hereby empowered to enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with
any user responsible for noncompliance. Such orders will include specific action
to be taken by the user to correct the noncompliance within a time period also
specified by the order. Consent Orders shall be judicially enforceable.
10.3 Show Cause Hearing
The Director may order any user which cause or contributes to violation(s) of this
ordinance, wastewater discharge permits, or orders issued hereunder, or any other
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pretreatment standard requirement, to appear before the Director and show cause
why a proposed enforcement action should not be taken. Notice shall be served
on the user specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and request that the user show
cause why this enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt
requested) at least five (5) days prior to the hearing. Such notice may be served
on any authorized representative of the user. Whether or not users appears as
ordered, immediate enforcement action may be pursued following the hearing
date. A show cause hearing shall not be a prerequisite for taking any other action
against the user.
10.4 Second Notice of Violation (2nd NOV)
When a violation is not corrected with a NOV, a second letter is addressed to the
industrial user notifying them of a violation. This notice will include the nature of
the violation, any necessary corrective measures, a compliance date, and the next
possible enforcement action. This notice is accompanied by a citation.
10.5 Notice of Impending Suspension (NIS )
When the Director finds that the user has violated or continues to violate the
ordinance, wastewater discharge permits or orders issued hereunder, or any other
pretreatment standard or requirement, he may issue a NIS with a citation to the
user responsible for the discharge directing that the user come into compliance by
a set date. If the user does not come into compliance by this set date, sewer
service shall be discontinued unless adequate treatment facilities, devices, or other
related appurtenances are installed and properly operated. The NIS may also
contain requirements to address the noncompliance, including additional self-
monitoring, and management practices designed to minimize the amount of
pollutants discharged to the sewer. An NIS may not extend the deadline for
compliance established for a Federal pretreatment standard or requirement, nor
does a noncompliance order release the user of liability for any violation,
including any continuing violation. Issuance of an NIS shall not be a prerequisite
to taking any other action against the user.
10.6 Cease and Desist Orders
When the Director finds that the user is violating this ordinance, the user's
wastewater discharge permit, any order issued hereunder, or any other
pretreatment standard or requirement, or that the user's past violations are likely
to recur, the Director may issue an order to the user directing it to cease and desist
all violations and directing the user to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventative action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
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Issuance of a cease and desist order shall not be a prerequisite to taking any other
action against the user.
10.7 Emergency Termination of Services
The Director may immediately suspend a user's discharge (after informal notice
to the user) whenever such suspension is necessary in order to stop an actual or
threatened discharge which reasonably appears to present, or cause an imminent
or substantial endangerment to the health, safety and welfare of the public. The
Director may also immediately suspend a user's discharge (after notice and
opportunity to respond) that threatens to interfere with the operation of the
POTW, or which presents or may present an endangerment to the environment.
A. Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the Director
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Director shall
allow the user to recommence its discharge when the user has
demonstrated to the satisfaction of the City that the period of
endangerment has passed, unless the termination proceedings set forth in
Section 10.8 are initiated against the user.
B. A user that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and' the measures taken
to prevent any future occurrence to the Director, prior to the date of any
show cause or termination hearing under Section 10.3 and 10.8.
Nothing in this section shall be interpreted as. requiring a hearing prior to any
emergency suspension under this section.
10.8 Termination of Discharge
In addition to those provisions in Section 5.6 of this ordinance, any user that
violates the following conditions of this ordinance, wastewater permit, or orders
issued hereunder, is subject to discharge termination.
A. Violation of wastewater permit conditions.
B. Failure to accurately report the wastewater constituents and characteristics
of its discharge.
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C. Failure to report significant changes in operation or wastewater volume,
constituents and characteristics prior to discharge.
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring or sampling.
E. Violation of the pretreatment standards in Section 2 of this ordinance.
F. When compliance has not been met on a NIS letter. Such user will be
notified of the proposed termination of its discharge and be offered an
opportunity to show cause under this Section 10.3 of this ordinance why
the proposed action should not be taken.
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES
11.1 Injunctive Relief
Whenever the user has violated a pretreatment standard or requirement, or
continues to violate the provisions of this ordinance, wastewater discharge permit
or orders issued hereunder, or any other pretreatment requirement, the Director
may petition the City of La Porte Municipal Court, through the City's Attorney,
for the issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this ordinance on activities of the
industrial user. Such other action as appropriate for legal and/or equitable relief
may also be sought by the City. A petition for injunctive relief need be filed as a
prerequisite to taking any other action against a user.
11.2 Civil Penalties
A. Any user which has violated or continues to violate this ordinance, any
order or wastewater permit hereunder, or any other pretreatment standard
or requirement shall be liable to the City for a maximum civil penalty of
$2000.00 (Two Thousand Dollars) per violation per day. In the case of a
monthly or other long-term average discharge limit, penalties shall accrue
for each day during the period of the violation.
B. The City may recover reasonable attorney's fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
C. In determining the amount of civil liability, the court shall take into
account all relevant circumstances, including but not limited to, the extent
of harm caused by the violation, the magnitude and corrective action by
the user, the compliance history of the user, and other factor as justice
reqmres.
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D. Filing a suit for civil penalties shall not be a prerequisite for taking any
other action against a user.
11.3 Criminal Prosecution
A. Any user that willfully or negligently violates any provlSlon of this
ordinance, any orders, or wastewater discharge permits issued hereunder,
or any other pretreatment requirement shall, upon conviction, be guilty of
a misdemeanor and, upon conviction, shall be fined a maximum sum of
$2,000.00 (Two Thousand Dollars). Each day such violation continues
shall constitute a separate offense.
B. Any user that willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and, upon conviction, shall be
fined a maximum sum of $2,000.00 (Two Thousand Dollars). Each day
such violation continues shall constitute a separate offense.
C. Any user knowingly making false statements, representations, or
certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
ordinance, wastewater discharge permit, or order, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction, be fined a maximum sum of $2,000.00 (Two
Thousand Dollars). Each day such violation continues shall constitute a
separate offense.
11.4 Remedies Nonexclusive
The provisions in Sections 9-12 are not exclusive remedies. The City reserves the
right to take any, all, or any combination of these actions against a non-compliant
user. Enforcement of pretreatment violations will generally be in accordance with
the City's enforcement response plan. However, the City reserves the right to
take other action against any user when the circumstances warrant. Further, the
City is empowered to take more enforcement action against any non-compliant
user. These actions may be taken concurrently.
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
12.1 Performance Bonds
The Director may decline to reissue a wastewater discharge permit to any user
which has failed to comply with the provisions of this ordinance, any orders, or a
previous wastewater discharge permit issued hereunder, unless such user first files
a satisfactory bond, payable to the City, in the sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance.
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12.2 Liability Insurance
The Director may decline to reissue a wastewater discharge permit to any user
which have failed to comply with the provisions of this ordinance, any orders, or a
previous wastewater discharge permit issued hereunder, unless the user first
submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
12.3 Water Supply Severance
Whenever a user has violated or continues to violate the prOVisions of this
ordinance, orders, or wastewater discharge permits issued hereunder, water
service to the user may be severed. Service will only be reconnected, at the user's
expense, after it has satisfactorily demonstrated its ability to comply.
12.4 Public Nuisances
Any violation of this ordinance, wastewater discharge permits, or orders issued
hereunder, is hereby declared a public nuisance and shall be corrected or abated as
directed by the Director or designee. Any person(s) creating a public nuisance
shall be subject to the provisions of the City Code 1358 governing such nuisance,
including reimbursing the City for any cost incurred in removing, abating or
remedying said nuisance.
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13.1 Upset
A. For the purpose of this section, "upset" means exceptional incident in
which there is unintentional and temporary noncompliance with
categorical . pretreatment standards because of factors beyond the
reasonable control of the industrial user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
B. An upset shall constitute an affirmative defense to an action brought for
noncompliance with categorical pretreatment standards if the requirements
of paragraph C are met.
C. Industrial user who wishes to establish the affirmative defense of upset
shall demonstrate, through properly signed, contemporaneous operating
logs, or other relevant evidence that:
1. An upset occurred and the industrial user can identify the cause(s) of
the upset;
2. The facility was at the time being operated in a prudent and workman
like manner and in compliance with applicable operation and
maintenance procedures;
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3. The industrial user has submitted the following information to the
POTW and treatment plant operator within twenty-four (24) hours of
becoming aware of the upset, if information is provided orally, a
written submission must be provided within five (5) days:
(i) A description of the indirect discharge and cause of
noncompliance,
(ii) The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is
expected to continue,
(iii) Steps being taken and/ or planned to reduce, eliminate and
prevent recurrence of the noncompliance.
D. In any enforcement proceedings, the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
E. Industrial users will have the opportunity for a judicial determination on
any claim of upset only in an enforcement action brought for
noncompliance with categorical pretreatment standards.
F. The industrial user shall control production of all discharges to the extent
necessary to maintain compliance with categorical pretreatment standards
upon reduction, loss, or failure of its treatment facility until the facility is
restored or an alternative method of treatment is provided. This
requirement applies in the situation where , among other things, the
primary source of power of the treatment facility is reduced, lost or fails.
13.2 General/Specific Prohibitions
An industrial user shall have an affirmative defense to an enforcement action
brought against it for non-compliance with general and specific prohibitions in
Section 2.1 of this ordinance if it can proven that it did not know or have reason to
know that its discharge, along or in conjunction with discharges from other
sources, would cause pass through or interference and that either:
A. A local limit exists for each pollutant discharged and the industrial user
was in compliance with each directly prior to, and during , the pass
through or interference, or
B. No local limit exists, but the discharge did not change substantially in
nature or constituents from the user's prior discharge when the City was
regularly in compliance with its NPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements.
13.3 Bypass
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A. "Bypass" means the intentional diversion of waste streams from any
portion of an industrial user's treatment facility.
"Severe property damage" means substantial physical damage to property,
damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe
property damage does not mean economic loss caused by delays in
production.
B. An industrial user may allow any bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it is
essential for maintenance to assure efficient operation. These bypasses are
not subject to the provisions of paragraph C. and D. of this section.
C. If an industrial user knows in advance of the need for a bypass, it shall
submit prior notice to the POTW, at least ten (10) days before the date of
the bypass, if possible.
An industrial user shall submit an oral notice of unanticipated bypass that
exceeds applicable pretreatment standards to the POTW within twenty-
four (24) hours from the time it becomes aware of the bypass. A written
submission shall be also be provided within five (5) days of the time the
industrial user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause, the duration of the
bypass, exact dates and anticipated time it is expected to continue; and
step taken or planned to reduce, eliminate and prevent reoccurrence of the
bypass. The POTW may waive the written report on a case-by-case basis
if the oral report has been received within twenty-four (24) hours.
D. Bypass is prohibited, and the POTW may take enforcement action against
an industrial user for a bypass, unless;
1. The bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
2. There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities , retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering
judgement to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
3. The industrial user submitted notices as required under paragraph
C of this section.
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The POTW may approve an anticipated bypass, after considering its
adverse effects, if the POTW determines that it will meet the three-(3)
conditions of paragraph D of this section.
SECTION 14
CONTROL OF ADMISSIBLE WASTE
14.1 Interceptors
Grease, oil, and sand interceptors shall be provided for the proper handling of
liquids wastes containing grease in excessive amounts, or any flammable wastes,
sand, and other harmful ingredients; except that such interceptors shall not be
required for private living quarters or dwellings. All interceptors shall be a type
and capacity approved by the City and shall be located to be readily and easily
accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall be
substantially constructed, watertight, and equipped with easily removable covers
which when bolted in place, shall be gas tight and watertight. Grease and oil and
sand interceptors shall be maintained by the person or permittee, at their expense,
in continuously efficient operation at all time.
14.2 Interceptor Sizing
A. Restaurants:
HR
( D ) x ( GL) x ( ST ) X ( 2 ) x (LF) = Gallon Capacity
Where:
D = Number of seats in dining areas.
GL = Gallons of waste water per meal (2.5 )
ST = Storage Capacity Factor ( 1.7)
HR = Number of hours open
LF = Loading Factor
1.8
0.8
0.5
Freeways and Recreational Areas
Main Highways
Other highways
B. Nursing, Homes, Day Cares
( M ) x ( GL ) x ( ST ) x ( LF) = Gallon Capacity
Where:
M = Meal per day
GL= Gallons of waste water per meal (2.5 )
ST = Storage Capacity Factor ( 1.7 )
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LF = Loading Factor
1.25
1.0
.75
.05
garbage disposal and dishwashing
without garbage disposal
without dishwashing
without dishwashing and garbage disposal.
C. Within sixty (60) days from the date of this ordinance, any person
discharging or desiring to discharge an industrial mixture into the public
sewers of the City, or any sewer connected, shall provide and maintain in
a suitable, accessible position on the permittee's premises, or such
premises occupied by the permittee, a sample well or manhole near the
outlet of sewer, drain, pipe, channel, or connection to the sewer or sewage
works of the City. Each such manhole or sample well shall be of such
construction and design which will prevent infiltration by ground waters
and surface waters, and shall be so maintained by the permittee
discharging wastes so that any authorized representative, or employee of
the City may readily and safely measure the volume and obtain samples of
the flow at all times. Plans for construction of the sample welle s) shall be
included with the Industrial Sewer Connection Application, and are
subject to approval by the Director.
D. Sampling of effluent or discharge may be accomplished manually, or by
the use of mechanical equipment, to obtain a composite sample which
would be representative of the total effluent. Samples shall be taken at
such intervals as to establish the BOD, and Total Suspended Solids of the
industrial waste for billing purposes, as determined by the City as
necessary to maintain a control over the discharges from the Permittee.
Additionally, such grab composite samples as deemed necessary by the
City shall be taken at such intervals as to establish the concentrations of
prohibited discharges and pretreatment standards as specified in this
ordinance. The method used in the examination of all industrial wastes to
determine BOD and Suspend solids shall be defined in 40 CFR, Part 136.
SECTION 15 INDUSTRIAL COST RECOVERY SURCHARGE
15.1 A permittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a
suspend solids content of greater than 300 mg/l, or both, and meet all Sections,
may be accepted for waste water disposal provided that;
( a ) The wastes will not cause damage to the collection system;
( b ) The wastes will not impair the treatment process.
( c ) The discharger of the waste enters into a contractual ,agreement with the
Control Authority providing for a surcharge over and beyond the normal
sewer rate. The surcharge for industrial discharge is to be calculated as
follows:
ISS = (BOD +
250
TSS) x
300
( 0 &M cost) x
(VOL)
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ISS = represents Industrial Waste Surcharge in Dollars;
BOD represent the Biochemical Oxygen Demand in milligram per liter
( mg/l ). Note: Concentration less than zero or equal to 250mg/l will
be considered a value of zero.
TSS represents Suspended Solids in milligram per liter ( mg/l )
Note: Concentration less than zero or equal to 300mg/l will be considered
a value of zero.
O&M Cost represents operation and maintenance cost of POTW
wastewater treatment facility. Note: This cost is determined and updated
by the City periodically.
VOL represents Volume Discharged in Thousand of Gallons. The volume
of waste shall be determined by the same methods used to calculate the
normal sewer service charge, or by a sewage flow meter that has been
approved by the Director and purchased, installed, and maintained by the
permittee.
All flow rates, BOD, Total Suspended Solids and 0 & M values used in
the determination of the surcharge shall be reevaluated at least on an
annual basis.
d. The industrial waste surcharges provided for in this ordinance shall be
included as a separate item on the regular bill for water and sewer charges
and shall be paid monthly in accordance with the existing practices.
Surcharges shall be paid at the same time that the sewer charges of the
permittee become due and payment for sewer services shall not be
accepted without payment also of sewer surcharges.
SECTION 16 MISCELLANEOUS PROVISIONS
16.1 Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of costs of
setting up and operating the Pretreatment Program, which may include:
A. Fees for wastewater discharge permit applications including the cost of
processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures including the
cost of collection and analyzing an industrial user's discharge, and
reviewing monitoring reports submitted by industrial users;
C Fees for reviewing construction plans and responding to accidental
discharges ;
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D. Fees for filing appeals;
E. Other fees as the City may deem necessary to carry out the requirements
of its pretreatment program. These fees related solely to the matters
covered by this ordinance and are separate from all other fees, fines and
penalties chargeable by the City.
Section 2. Appendix B, Chapter 74, "Utilities", Article II, Industrial Waste, is
hereby amended, and shall hereafter read as follows, to-wit:
"Article II. INDUSTRIAL WASTE
(a) Fine for violations of
Sections 11.3(A); 11.3(B); and 11.3(C)........$2,000.00"
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared
to be the intention of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or
clause, or part thereof, may be declared invalid.
Section 4. All ordinances and parts of ordinances inconsistent, or in conflict, with
this ordinance are hereby repealed, to the extent of such conflict only. Chapter 74, Utilities,
Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive, as codified in the
Code of Ordinances of the City of La Porte, are expressly repealed as of the effective date
hereof; provided, however, the City of La Porte reserves all rights and remedies which may
have accrued to the City of La Porte for offenses which may have occurred prior to the
effective date of the repeal of said ordinances.
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Section 5. The City Council of the City of La Porte shall review this ordinance at
least once, every three (3) years; provided, however, the failure of the City Council of the
City of La Porte to so review this ordinance shall not affect the validity of this ordinance.
Section 6. This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper in the City of La Porte at least
twice within ten (10) days after the passage of this ordinance.
Section 7. The City Council officially fmds, 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.Jas
required by law/at all times during which this resolution and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies,
approves ,and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this ~day of 1Yl0A~ ,2001.
By: ~:~
rman 1. Malone, ayor
ArrEST:
MartH A. Gillett
City Secretary
~W~
Knox W. Askins
City Attorney
43
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested, ~~Ol
Reqnested By, s. Gillett ~~
Department: Public Works
Appropriation
Source of Funds: Operating Budget
Account Number: 001-7072-532-6009
Report:
Resolution:
Ordinance:
Amount Budgeted: $250,000
Amount Requested: $250,000
Exhibits:
Exhibits:
Exhibits:
Ordinance
Type I and Type IV Contract
Budgeted Item: YES
The City of La Porte had five (5) year contracts with Waste Management (formerly Sanifill) for the
disposal of Type I (garbage) and Type IV (trash). Both contracts expired on March 31, 2000.
Waste Management agreed to extent the current contracts for an additional year, until March 31,
2001, to give the parties time to develop new contracts.
Since that time, Waste Management sold its Type IV landfill to Waste Corporation of Texas. Waste
Management of Texas has proposed a new, five (5) year contract, and offer disposal of both Type I
and Type IV waste at its Baytown Landfill. Contracts for both types are attached. Although the
Type IV rate ($4.75) is higher than the rate proposed by Waste Corporation of Texas ($4.00), it
would be advantageous to have a back-up disposal contract for Type IV waste, and it is
recommended that the City enter into this contract for an alternative disposal site for Type IV waste.
The rate proposed for Type I waste ($5.40) is less than the rate allowed in the third year of the
previous contract ($5.85). The proposed contracts are under the same terms and conditions as the
current contract, and provide for annual adjustment of rates based on the Consumer Price Index.
Action Reauired bv Council: Approve an ordinance authorizing the City Manager to execute
agreements for Type I and Type IV solid waste disposal between the City of La Porte and Waste
Management of Texas, Inc.
Approved for City Council Ae:enda
~ T. tA~
Robert T. Herrera, City Manager
3. \ 'L- 6l
Date
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ORDINANCE NO.
2001- ~4'75'
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR OPERATION
OF TYPE I LANDFILL AND AN AGREEMENT FOR OPERATION OF TYPE IV
LANDFILL BETWEEN THE CITY OF LA PORTE AND WASTE MANAGEMENT OF
TEXAS, INC.; 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.
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
ci ty 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.
,e
ORDINANCE NO. 2001- J.~15
ATTEST:
e
PASSED AND APPROVED, this 19th day of March, 2001.
~~~ GR/lf1t/
city secretary
Knox
City
By:
CITY OF LA PORTE
~~~
Mayor
PAGE 2
tit
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AGREEMENT FOR OPERATION OF
TYPE I LANDFILL
BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS
AND
WASTE MANAGEMENT OF TEXAS, INC.
THIS AGREEMENT for the operation of a Type I landfill made
and entered into at La Porte, Texas, as of the first day of April,
2001, by and between the CITY OF LA PORTE, TEXAS, a Texas
Municipal Corporation, hereinafter called the "City", WASTE
MANAGEMENT OF TEXAS, INC., a Delaware Corporation, hereinafter
called the "Contractor".
WITNESSETH:
WHEREAS, the City desires to dispose of Type I Waste
generated in the City; and
WHEREAS, the parties desire to establish the terms and
conditions of this Agreement;
NOW,
covenants
follows:
THEREFORE,
hereinafter
for
set
and in
forth
consideration of the mutual
the parties hereby agree as
(I) DISPOSAL SITE. The Contractor agrees to operate a Type I
sanitary landfill at the Bay town site located on tract(s) of land
described by metes ~nd bounds in Municipal Solid Waste Permit No.
1535, (or any other mutually agreed upon site) hereinafter called
the "Landfill" for the complete handling, processing and disposal,
by the sanitary landfill method, of municipal solid waste
generated in the City and collected by the City or its contractor,
according to the all of the terms and provisions hereinafter
contained.
(A) Materials to be disposed of. The Contractor shall
accept for disposal all municipal solid waste, as that term
is defined in Article 4477-7 V.A.T.S., the Municipal Solid
Waste Act, brought to the Landfill by the City or its
contractor. The Contractor may designate the location on the
site at which material is to be unloaded.
(B) Additional material to be disposed of. The Contractor
shall accept for disposal processed sewage sludge from the
City's wastewater treatment plant.
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(C) Operation of disposal site. The Contractor shall have
the exclusive right to the use of and responsibility for the
operation of the disposal site for the term of this Agreement
or any extension thereof, subject to the following terms and
provisions:
(1) The Contractor shall furnish all labor, tools,
equipment and power for the operation of the Landfill,
and shall be responsible for all necessary maintenance
thereof. Contractor shall operate the Site according
to terms and provisions of Municipal Solid Waste Permit
No. 1535, and under the supervision of an experienced
person so that it shall not become a nuisance or an
offence to the City. Contractor shall maintain
suitable roads within the Landfill for truck traffic.
(2) All waste and other refuse accepted by the
Contractor shall be thoroughly compacted by equipment
operations. Sufficient auxiliary equipment shall be
maintained on the site or kept otherwise available to
permit operation in case of equipment breakdown or
increased volume of material to be handled.
(3) The area shall be neat and sanitary at all times.
(4) The Contractor agrees to comply with all laws,
ordinances and regulations of the State of Texas and
with the terms and conditions of its permit applicable
to the operation under this Agreement and to conform
with the standards of operation as established by the
u. S. Public Health Service, and agrees that all
services rendered by it hereunder shall be rendered in
a clean, sanitary, neat, courteous and efficient manner
and that it will instruct its employees accordingly.
In the event the Contractor shall wholly fail to
dispose of garbage and other materials herein provided
to be disposed of for a period of two (2) weeks, and
provided such failure is not due to war, insurrection,
riot, strike, act of God or any other cause or causes
beyond the Contractor's control, the City may, at its
option after written notice to the Contractor,
terminate this Agreement.
(5) In the event that the City shall, without)fault on
its part, be made a party to litigation arising as a
result of failure of the Contractor to comply with any
provisions of this Agreement or by reason of the
Contractor's operation or use of the subj ect premises
(other than provided for herein) brought by or against
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the Contractor, the Contractor shall pay all reasonable
costs and attorney's fees necessarily incurred by the
City in defense of such litigation, and shall save and
hold the City harmless from any liability therefrom.
(C) Nuisance-free operations. The Landfill shall be
operated by the Contractor in a nuisance-free manner, and in
such a manner as not to generate or produce any objectionable
or offensive odors, noise, smoke or fumes outside the
Landfill premises, and in a manner meeting and complying with
all valid, non-discriminatory and generally applicable
ordinances, regulations and laws of the State of Texas and
other regulatory bodies having jurisdiction over the
Contractor's operation, which may be from time to time in
effect and applicable to the Contractor's operations.
Conditions unfavorable for the production of vectors shall be
maintained by carrying out routine landfill operations
promptly in a systematic manner. Supplemental vector control
measures shall be instituted whenever necessary.
(II) TERM OF AGREEMENT. This Agreement shall be for a
period of five (5) years beginning April 1, 2001, and ending March
31, 2006. The initial term of the Agreement may be extended for
an additional five (5) years, upon the Mutual agreement of the
City and the Contractor.
(III) COMPENSATION TO CONTRACTOR. As full compensation to the
Contractor for operation of the Landfill, the City agrees to pay
the Contractor the following fees, plus the amount of the State
fees imposed on the Contractor for each type of waste:
(A) Type I solid waste.
1st year of Agreement
$5.40 per cubic yard plus State fee
(B) Processed sewage sludge.
1st year of Agreement
$8.00 per cubic yard plus State fee
(C) Adjustments to base fee for Type I waste. On April 1 of
2002, and on each subsequent year during the term of the
Agreement, the parties agree to adjust the base fees so that
it shall be increased or decreased in accordance with changes
in the Consumer Price Index in the Houston metropolitan area
for Urban Consumers (CPI-U) as promulgated by the Bureau of
Labor Statistics of the United States Department of Labor,
using the year 2001 as a base.
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(D) Adj ustments to base fee for processed sewage sludge. On
April 1 of 2002, and on each subsequent year during the term
of the Agreement, the parties agree to adjust the base fees
so that it shall be increased or decreased in accordance with
changes in the Consumer Price Index in the Houston
metropolitan area for Urban Consumers (CPI-U) as promulgated
by the Bureau of Labor Statistics of the United States
Department of Labor, using the year 2001 as a base.
(E) Time of payment. The Contractor shall invoice the City
monthly, invoices to be submitted at the last of each month,
accompanied by tickets which are collected py the Contractor
as refuse trucks make deliveries, and shall include the last
full week of each month. Invoices shall be paid by the City
monthly, not later than the 10th day following receipt of the
invoice for the month for which the invoice is rendered.
(F) Contractor shall accept for disposal all Type I waste,
consistent with their permit, generated by the City including
that collected by private haulers and that brought to the
Landfill by private citizens and shall make a reasonable
charge for disposal therefor, which charge shall bear a
reasonable relationship to the charges made to the City.
(G) Hours of operations and holidays. The Contractor shall
keep the Landfill open for the receiving of waste from 7:30
a.m. to 4:30 p.m. Monday through Friday and 8:00 a.m. to
12:00 noon Saturdays, except holidays.
(IV) INSURANCE AND WORKER'S COMPENSATION.
(A) The Contractor shall, at its own expense, maintain in
full force and effect during the term of this Agreement
Employer's Liability, Worker's Compensation, Public Liability
and Property Damage insurance. All insurance shall be by
insurers licensed to do business in the State of Texas. The
Contractor shall furnish the City certificates of insurance
or other evidence satisfactory to the City to the effect that
such insurance has been procured and is in force. The
certificates shall name the Contractor and the City as
insured parties.
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(B) The insurance, at a minimum, must include the following
coverages and limits of liability:
COVERAGE
LIMIT OF LIABILITY
(1) Worker's Compensation &
Employer's Liability
Statutory
(2) Commercial General
Liability including
Blanket Contractual
Liability
Bodily Injury
$500,000 Each Occurrence
$1,000,000 Annual
Aggregate
Property Damage (To
include explosion, collapse
and underground coverage)
$300,000 Each Occurrence
$500,000 Annual Aggregate
Products - Complete
Operation
$1,000,000 Annual Aggregate
(3 )
Comprehensive Automobile
Liability
Bodily Injury and Property
Damage Combined Single
Limit
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(C) The Contractor will indemnify and save harmless the
City, its officers, agents, servants and employees from and
against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses and attorney's fees
incident to any work done in the performance of this
Agreement, including damages, claims or penalties arising
from the disposal of any waste by the Contractor, arising
from the failure of the Contractor to comply with federal,
state or local laws, rules and regulations relating to the
disposal of any waste, or arising out of a willful or
negligent act or omission of the Contractor, its officers,
agents, servants and employees. However, the Contractor
shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and
attorney's fees arising out of a willful or negligent act or
omission of the City, its officers, agents, servants and
employees.
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(V) MISCELLANEOUS PROVISIONS
(A) This Agreement shall be governed by the laws of the
State of Texas. Should any disagreement occur concerning the
Agreement, the parties agree that the venue for settling such
disputes, including claims and suits, shall be Harris County,
Texas.
(B) All written notices shall be served by. registered or
certified mail to the parties, return receipt requested, as
follows:
City
Contractor
City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Landfill Division Manager
Waste Management of Texas, Inc
100 Genoa Red Bluff
Houston, Texas 77034
(C) Other than by operation of law, no assignment of the
Agreement or any other right accruing under this Agreement
shall be made, in whole or on part, without the express
written consent of the City. The City agrees to not
unreasonably withhold consent of assignment. In the event of
assignment, the assignee agrees to assume all terms and
conditions of the Agreement.
(D) The relationship between the parties shall be that of an
Independent Contractor. Nothing herein contained shall be
construed to mean that the Contractor is an employee, agent,
servant or department of the City.
(E) The Agreement shall not bestow any rights upon any third
party, but rather, shall bind the City and the Contractor
only.
(F) This Agreement contains all the agreements of the
parties relating to the subject matter hereof, supersedes all
prior agreements, whether written or verbal, and is the full
and final expression of the agreement between the parties.
(G) In the event that any portion of the Agreement is found
invalid or unenforceable, the invalid or unenforceable
portion shall not affect the validity or enforceability of
any other portion of the Agreement.
6
Mar. 2. 2001 2:43PM
281 471 0578 CITY OF LA PORTE
e
No.5296 P.9
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IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in multiple c~terparts, each of which shall be
deemed an original, this the I day of ~at{Jl , 2001.
THE CITY OF LA PORTE
BY: G~ T. l\~
Robert T. Herrera
City Manager
(SEAL)
ATTEST: em ()A)j! A- (),If.!11/
. .. Ma tha Gillet
City Secretary
APP~;L:
Knox W. Askins
City Attorney
WAS '1' t:
OF TEXAS
MANAG.l!:Ml:.:N'l'" lNC.
(!,e ?>~ ~ 0 /
BY:
cAtl4-l 4. .g;~
3~s:,ll
( SF-AL)
ATTEST:
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AGREEMENT FOR OPERATION OF
TYPE IV LANDFILL
BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS
AND
WASTE MANAGEMENT OF TEXAS, INC.
THIS AGREEMENT for the operation of a Type IV landfill made
and entered into at La Porte, Texas, as of the first day of April,
2001, by and between the CITY OF LA PORTE, TEXAS, a Texas
Municipal Corporation, hereinafter called the "City", and WASTE
MANAGEMENT OF TEXAS, INC., a Delaware Corporation, hereinafter
called the "Contractor".
WITNESSETH:
WHEREAS, the City desires to dispose of Type IV Waste
generated in the City; and
WHEREAS, the parties desire to establish the terms and
conditions of this Agreement;
NOW,
covenants
follows:
THEREFORE,
hereinafter
for
set
and in
forth
consideration of
the parties hereby
the mutual
agree as
(I) DISPOSAL SITE. The Contractor agrees to operate a Type IV
sanitary landfill at the Bay town site located on tract(s) of land
described by metes and bounds in Municipal Solid Waste Permit No.
1535, (or any other mutually agreed upon site) hereinafter called
the "Landfill" for the complete handling, processing and disposal,
by the sanitary landfill method, of Type IV Waste generated in the
City and collected by the City or its contractor, according to the
all of the terms and provisions hereinafter contained.
(A) Materials to be disposed of. The Contractor shall
accept for disposal all Type IV Waste, as that term is
defined in Article 4477-7 V.A.T.S., the Municipal Solid
Waste Act, brought to the Landfill by the City or its
contractor. The Contractor may designate the location
on the site at which material is to be unloaded.
(B) Operation of disposal site. The Contractor shall have
the exclusive right to the use of and responsibility
for the operation of the disposal site for the term of
this Agreement or any extension thereof, subject to the
following terms and provisions:
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(1) The Contractor shall furnish all labor, tools,
equipment and power for the operation of the Landfill,
and shall be responsible for all necessary maintenance
thereof. Contractor shall operate the Site according
to terms and provisions of Municipal Solid Waste Permit
No. 1535, and under the supervision of an experienced
person so that it shall not become a nuisance or an
offence to the City. Contractor shall maintain
suitable roads within the Landfill for truck traffic.
(2) All waste and other refuse accepted by the
Contractor shall be thoroughly compacted by equipment
operations. Sufficient auxiliary equipment shall be
maintained on the site or kept otherwise available to
permit operation in case of equipment breakdown or
increased volume of material to be handled.
(3) The area shall be neat and sanitary at all times.
(4) The Contractor agrees to comply with all laws,
ordinances and regulations of the State of Texas and
with the terms and conditions of its permit applicable
to the operation under this Agreement and to conform
wi th the standards of operation as established by the
U. S. Public Health Service, and agrees that all
services rendered by it hereunder shall be rendered in
a clean, sanitary, neat, courteous and efficient manner
and that it will instruct its employees accordingly.
In the event the Contractor shall wholly fail to
dispose of garbage and other materials herein provided
to be disposed of for a period of two (2) weeks, and
provided such failure is not due to war, insurrection,
riot, strike, act of God or any other cause or causes
beyond the Contractor's control, the City may, at its
option after written notice to the Contractor,
terminate this Agreement.
(5) In the event that the City shall, without fault on
its part, be made a party to litigation arising as a
result of failure of the Contractor to comply with any
provisions of this Agreement or by reason of the
Contractor's operation or use of the subj ect premises
(other than provided for herein) brought by or against
the Contractor, the Contractor shall pay all reasonable
costs and attorney's fees necessarily incurred by the
City in defense of such litigation, and shall save and
hold the City harmless from any liability therefrom.
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(C) Nuisance-free operations. The Landfill shall be operated
by the Contractor in a nuisance-free manner, and in such a
manner as not to generate or produce any obj ectionable or
offensive odors, noise, smoke or fumes outside the Landfill
premises, and in a manner meeting and complying with all
valid, non-discriminatory and generally applicable
ordinances, regulations and laws of the State of Texas and
other regulatory bodies having jurisdiction over the
Contractor's operation, which may be from time to time in
effect and applicable to the Contractor's operations.
Conditions unfavorable for the production of vectors shall be
maintained by carrying out routine landfill operations
promptly in a systematic manner. Supplemental vector control
measures shall be instituted whenever necessary.
(II) TERM OF AGREEMENT. This Agreement shall be for a
period of five (5) years beginning April 1, 2001, and ending March
31, 2006. The initial term of the Agreement may be extended for
an additional five (5) years, upon the Mutual agreement of the
City and the Contractor.
(III) COMPENSATION TO CONTRACTOR. As full compensation to the
Contractor for operation of the Landfill, the City agrees to pay
the Contractor the following fees, plus the amount of the State
fees imposed on the Contractor for each type of waste:
(A) Type IV solid waste.
1st year of Agreement
$4.75 per cubic yard plus State fee
(B) Adjustments to base fee for Type IV waste. On April 1
of 2002, and on each subsequent year during the term of the
Agreement, the parties agree to adjust the base fees so that
it shall be increased or decreased in accordance with changes
in the Consumer Price Index in the Houston metropolitan area
for Urban Consumers (CPI-U) as promulgated by the Bureau of
Labor Statistics of the United States Department of Labor,
using the year 2001 as a base.
(C) Time of payment. The Contractor shall invoice the City
monthly, invoices to be submitted at the last of each month,
accompanied by tickets which are collected by the Contractor
as refuse trucks make deliveries, and shall include the last
full week of each month. Invoices shall be paid by the City
monthly, not later than the 10th day following receipt of the
invoice for the month for which the invoice is rendered.
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(D) Contractor shall accept for disposal all Type IV waste,
consistent with their permit, generated by the City including
that collected by private haulers and that brought to the
Landfill by private citizens and shall make a reasonable
charge for disposal therefor, which charge shall bear a
reasonable relationship to the charges made to the City.
(E) Hours of operations and holidays. The Contractor shall
keep the Landfill open for the receiving of waste from 7:30
a.m. to 4:30 p.m. Monday through Friday and 8:00 a.m. to
12:00 noon Saturdays, except holidays.
(IV) INSURANCE AND WORKER'S COMPENSATION.
(A) The Contractor shall, at its own expense, maintain in
full force and effect during the term of this Agreement
Employer's Liability, Worker's Compensation, Public Liability
and Property Damage insurance. All insurance shall be by
insurers licensed to do business in the State of Texas. The
Contractor shall furnish the City certificates of insurance
or other evidence satisfactory to the City to the effect that
such insurance has been procured and is in force. The
certificates shall name the Contractor and the City as
insured parties.
(B) The insurance, at a minimum, must include the following
coverages and limits of liability:
COVERAGE
(1)
(2)
Worker's Compensation &
Employer's Liability
Commercial General
Liability including
Blanket Contractual
Liability
(3)
Comprehensive Automobile
Liability
LIMIT OF LIABILITY
Statutory
Bodily Injury
$500,000 Each Occurrence
$1,000,000 Annual
Aggregate
Property Damage (To
include explosion, collapse
and underground coverage)
$300,000 Each Occurrence
$500,000 Annual Aggregate
Products - Complete
Operation
$1,000,000 Annual Aggregate
Bodily Injury and Property
Damage Combined Single
Limit
$1,000,000 Each Occurrence
$1,000,000 Aggregate
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(C) The Contractor will indemnify and save harmless the
City, its officers, agents, servants and employees from and
against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses and attorney's fees
incident to any work done in the performance of this
Agreement, including damages, claims or penalties arising
from the disposal of any waste by the Contractor, arising
from the failure of the Contractor to comply with federal,
state or local laws, rules and regulations relating to the
disposal of any waste, or arising out of a willful or
negligent act or omission of the Contractor , its officers,
agents, servants and employees. However, the Contractor
shall not be liable for any sui ts, actions, legal
proceedings, claims, demands, damages, costs, expenses and
attorney's fees arising out of a willful or negligent act or
omission of the City , its officers, agents, servants and
employees.
(V) MISCELLANEOUS PROVISIONS
(A) This Agreement shall be governed by the laws of the
State of Texas. Should any disagreement occur concerning the
Agreement, the parties agree that the venue for settling such
disputes, including claims and suits, shall be Harris County,
Texas.
(B) All written notices shall be served by registered or
certified mail to the parties, return receipt requested, as
follows:
City
Contractor
City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
Landfill Division Manager
Waste Management of Texas, Inc
100 Genoa red Bluff
Houston, Texas 77034
(C) Other than by operation of law, no assignment of the
Agreement or any other right accruing under this Agreement
shall be made, in whole or on part, without the express
written consent of the City. The City agrees to not
unreasonably withhold consent of assignment. In the event of
assignment, the assignee agrees to assume all terms and
conditions of the Agreement.
(D) The relationship between the parties shall be that of an
Independent Contractor. Nothing herein contained shall be
construed to mean that the Contractor is an employee, agent,
servant or department of the City.
5
Mar. 2. 2001 2:38PM
281 471 0578 CITY OF LA PORTE
e
No.5294 p. 15/15
e
(E) The Agreement shall not bestow any rights upon any third
party, but rather, shall bind the City and the Contractor
only.
(F) This Agreement contains all the agreements of the
p;::l rt i R~ rR l.=lt., nq to the 'snbj ec.t m.attBr hp..T:p.of, Sl.lpF.'.T:SBdp.s 811
prior agreements, whether written or verbal, and is the full
and final expression of the agreement between the parties.
(G) In the event that any portion of the Agreement is found
invalid or unenforceable, the invalid or unenforceable
po.rllun shdll aul d,[[t=L,;L Lht= vdllLllly UL t=u[uLL,;t=dulllly u[
any other portion of the Agreement.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in multiple counterparts, .lAEj.2~chof which shall be
deemed an original, this the (~ day of v,y~~ , 2001.
THE CITY OF LA PORTE
BY: Q~ T. ~
Robert T_ Herrera
City Manager
(SEAL)
ATTEST: l1J1I>>i:AJ1j1!/(
a ha Gillett
Cit:y Secret:ary
OF TEXAS
WASTE MANAGEMEND, INC.
c~ .$-:>-t.'i
BY: {lfiaL 4>e:u~
( SEAL)
ATTEST:
6
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 19.2001
Requested By: s. Gillett ~
Department: Public Works
Appropriation
Source of Funds: Operating Budget
Account Number: 001-7072-532-6009
Report:
Resolution:
Ordinance: X
Amount Budgeted: $250,000
Amount Requested: $250,000
Exhibits:
Exhibits:
Exhibits:
Ordinance
Tvpe IV Contract
Budgeted Item: YES
The City of La Porte had five (5) year contracts with Waste Management (formerly Sanifill) for the
disposal of Type I (garbage) and Type IV (trash). Both contracts expired on March 31, 2000.
Waste Management agreed to extent the current contracts for an additional year, until March 31,
2001, to give the parties time to develop new contracts.
Since that time, Waste Management sold its Type IV landfill to Waste Corporation of Texas. Waste
Corporation of Texas has proposed a new, five (5) year contract for Type IV waste at its Pasadena
Landfill. The rate proposed by Waste Corporation of Texas is $4.00 per cubic yard. The current
rate is $3.50, but this rate has not changed since 1995. The proposed contract is under the same
terms and conditions as the current contract, and provides for annual adjustment of rates based on
the Consumer Price Index.
Action Required bv Council: Approve an ordinance authorizing the City Manager to execute an
agreements for Type IV solid waste disposal between the City of La Porte and Waste Corporation of
Texas, Inc.
Approved for City Council A!!enda
~\.~~
Robert T. Herrera, City Manager
~...,'t- 6\
Date
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ORDINANCE NO. 2001- f).t.(l~
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT FOR OPERATION
OF TYPE IV LANDFILL BETWEEN THE CITY OF LA PORTE AND WASTE
CORPORATION OF AMERICA, INC.; 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.
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.
e
ORDINANCE NO. 2001- 'J.,41lt
e
PASSED AND APPROVED, this 19th day of March, 2001.
ATTEST:
LjJJ~G~il1Afffi{
City Secretary
CITY OF LA PORTE
By:
4~~
Mayor
PAGE 2
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AGREEMENT FOR OPERATION OF
TYPE IV LANDFILL
BY AND BETWEEN
THE CITY OF LA PORTE, TEXAS
AND
WASTE CORPORATION OF TEXAS
THIS AGREEMENT for the operation of a Type IV landfill made
and entered into at La Porte, Texas, as of the first day of April,
2001, by and between the CITY OF LA PORTE, TEXAS, a Texas
Municipal Corporation, hereinafter called the IICityll, and WASTE
CORPORATION OF TEXAS, INC., a Delaware corporation, hereinafter
called the IIContractorll.
WITNESSETH:
WHEREAS, the City desires to dispose of Type IV Waste
generated in the City; and
WHEREAS, the parties desire to establish the terms and
conditions of this Agreement;
NOW,
covenants
follows:
THEREFORE,
hereinafter
for
set
and in
forth
consideration of the mutual
the parties hereby agree as
(I) DISPOSAL SITE. The Contractor agrees to operate a Type IV
sanitary landfill at the Pasadena site located on tract(s) of land
described by metes and bounds in Municipal Solid Waste Permit Nos.
1483-A and 1586, (or any other mutually agreed upon site)
hereinafter called the IILandfillll for the complete handling,
processing and disposal, by the sanitary landfill method, of Type
IV Waste generated in the City and collected by the City or its
contractor, according to the all of the terms and provisions
hereinafter contained.
(A) Materia] s to be di sposed of. The Contractor shall
accept for disposal all Type IV Waste, as that term is
defined in Article 4477-7 V.A.T.S., the Municipal Solid
Waste Act, brought to the Landfill by the City or its
contractor. The Contractor may designate the location
on the site at which material is to be unloaded.
(B) Operation of disposal site. The Contractor shall have
the exclusive right to the use of and responsibility
for the operation of the disposal site for the term of
this Agreement or any extension thereof, subject to the
following terms and provisions:
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(1) The Contractor shall furnish all labor, tools,
equipment and power for the operation of the Landfill,
and shall be responsible for all necessary maintenance
thereof. Contractor shall operate the Site according
to terms and provisions of Municipal Solid Waste Permit
Nos. 1483-A and 1586, and under the supervision of an
experienced person so that it shall not become a
nuisance or an offence to the City. Contractor shall
maintain suitable roads within the Landfill for truck
traffic.
(2) All waste and other refuse accepted by the
Contractor shall be thoroughly compacted by equipment
operations. Sufficient auxiliary equipment shall be
maintained on the site or kept otherwise available to
permit operation in case of equipment breakdown or
increased volume of material to be handled.
(3) The Contractor agrees to comply with all laws,
ordinances and regulations of the State of Texas and
with the terms and conditions of its permit applicable
to the operation under this Agreement, and agrees that
all services rendered by it hereunder shall be rendered
in a clean, sanitary, neat, courteous and efficient
manner and that it will instruct its employees
accordingly. In the event the Contractor shall wholly
fail to dispose of waste and other materials herein
provided to be disposed of for a period of two (2)
weeks, and provided such failure is not due to war,
insurrection, riot, strike, act of God or any other
cause or causes beyond the Contractor I s control, the
City may, at its option after written notice to the
Contractor, terminate this Agreement.
(4) In the event that the City shall, without fault on
its part, be made a party to litigation arising as a
result of failure of the Contractor to comply with any
provisions of this Agreement or by reason of the
Contractor I s operation or use of the subj ect premises
(other than provided for herein) brought by or against
the Contractor, the Contractor shall pay all reasonable
costs and attorney I s fees necessarily incurred by the
City in defense of such litigation, and shall save and
hold the City harmless from any liability therefrom.
(C) Nuisance-free operat.ions. The Landfill shall be operated
by the Contractor in a nuisance-free manner, and in such a
manner as not to generate or produce any obj ectionable or
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offensive odors, noise, smoke or fumes outside the Landfill
premises, and in a manner meeting and complying with all
valid, non-discriminatory and generally applicable
ordinances, regulations and laws of the State of Texas and
other regulatory bodies having jurisdiction over the
Contractor's operation, which may be from time to time in
effect and applicable to the Contractor's operations.
Conditions unfavorable for the production of vectors shall be
maintained by carrying out routine landfill operations
promptly in a systematic manner. Supplemental vector control
measures shall be instituted whenever necessary.
(II) TERM OF AGREEMENT. This Agreement shall be for a
period of five (5) years beginning April 1, 2001, and ending March
31, 2006. The initial term of the Agreement may be extended for
an additional five (5) years, upon the Mutual agreement of the
City and the Contractor.
(III) COMPENSATION '1'0 CONTRACTOR. As full compensation to
the Contractor for operation of the Landfill, the City agrees to
pay the Contractor the following fees, plus the amount of the
State fees imposed on the Contractor for each type of waste:
(A) Type IV solid waste.
1st year of Agreement:
$4.00 per cubic yard plus State fee
(B) Adjustments to base fee for Type IV waste. On April 1
of 2002, and on each subsequent year during the term of the
Agreement, the parties agree to adjust the base fees so that
it shall be increased in accordance with changes in the-
Consumer Price Index in the Houston metropolitan area for
Urban Consumers (CPI-U) as promulgated by the Bureau of Labor
Statistics of the United States Department of Labor, using
the year 2001 as a base.
(C) Time of payment. The Contractor shall invoice the City
monthly, invoices to be submitted at the last of each month,
accompanied by tickets which are collected by the Contractor
as refuse trucks make deliveries, and shall include the last
full week of each month. Invoices shall be paid by the City
monthly, not later than the 10th day following receipt of the
invoice for the month for which the invoice is rendered.
(D) Contractor shall accept for disposal all Type IV waste,
consistent with their permit, generated by the City including
that collected by private haulers and that brought to the
Landfill by private citizens and shall make a reasonable
charge for disposal therefor, which charge shall bear a
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reasonable relationship to the charges made to the City.
(E) Hours of operations and holidays. The Contractor shall
keep the Landfill open for the receiving of waste from 7:30
a. m. to 4: 30 p. m. Monday through Friday and 8: 00 a. m. to
12:00 noon Saturdays, except holidays.
(IV) INSURANCE AND WORKF.R'S COMPENSATION.
(A) The Contractor shall, at its own expense, maintain in
full force and effect during the term of this Agreement
Employer's Liability, Worker's Compensation, Public Liability
and Property Damage insurance. All insurance shall be by
insurers licensed to do business in the State of Texas. The
Contractor shall furnish the City certificates of insurance
or other evidence satisfactory to the City to the effect that
such insurance has been procured and is in force. The
certificates shall name the Contractor and the City as
insured parties.
(B) The insurance, at a minimum, must include the following
coverages and limits of liability:
COVERAGE
(1 )
Worker's Compensation &
Employer's Liability
Commercial General
Liability including
Blanket Contractual
Liability
(2 )
(3 )
Comprehensive Automobile
Liability
LIMIT OF LIABILITY
Statutory
Bodily Injury
$500,000 Each Occurrence
$1,000,000 Annual
Aggregate
Property Damage (To
include explosion, collapse
and underground coverage)
$300,000 Each Occurrence
$500,000 Annual Aggregate
Products - Complete
Operation
$1,000,000 Annual Aggregate
Bodily Injury and Property
Damage Combined Single
Limit
$1,000,000 Each Occurrence
$1,000,000 Aggregate
( C)
City,
The Contractor will indemnify and save harmless the
its officers, agents, servants and employees from and
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against any and all suits, actions, legal proceedings,
claims, demands, damages, costs, expenses and attorney's fees
incident to any work done in the performance of this
Agreement, including damages, claims or penalties arising
from the disposal of any waste by the Contractor, arising
from the failure of the Contractor to comply with federal,
state or local laws, rules and regulations relating to the
disposal of any waste, or arising out of a willful or
negligent act or omission of the Contractor, its officers,
agents, servants and employees. However, the Contractor
shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and
attorney's fees arising out of a willful or negligent act or
omission of the City, its officers, agents, servants and
employees.
(V) MISCELLANEOUS PROVISTONS
(A) This Agreement shall be governed by the laws of the
State of Texas. Should any disagreement occur concerning the
Agreement, the parties agree that the venue for settling such
disputes, including claims and suits, shall be Harris County,
Texas.
(B) All written notices shall be served by registered or
certified mail to the parties, return receipt requested, as
follows:
CJ.4
Contractor
City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
President
Waste Corporation of Texas
1 River Way, Suite 1400
Houston, Texas 77056
(C) Other than by operation of law, no assignment of the
Agreement or any other right accruing under this Agreement
shall be made, in whole or on part, without the express
written consent of the City. The City agrees to not
unreasonably withhold consent of assignment. In the event of
assignment, the assignee agrees to assume all terms and
conditions of the Agreement.
(D) The relationship between the parties shall be that of an
Independent Contractor. Nothing herein contained shall be
construed to mean that the Contractor is an employee, agent,
servant or department of the City.
(E) The Agreement shall not bestow any rights upon any third
party, but rather, shall bind the City and the Contractor
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only.
(F) This Agreement contains all the agreements of the
parties relating to the subject matter hereof, supersedes all
prior agreements, whether written or verbal, and is the full
and final expression of the agreement between the parties.
(G) In the event that any portion of the Agreement is found
invalid or unenforceable, the invalid or unenforceable
portion shall not affect the validity or enforceability of
any other portion of the Agreement.
IN WITNESS WHEREOF, the parties to these presents have executed
this agreement in mul tiple cqy.p~erparts, each ;::f which shall be
deemed an original, this the ~day of ~A0 , 2001.
THE CITY OF LA PORTE
BY:
G<~ T.
~~
Robert T. Herrera
City Manager
(SEAL)
ATTEST:
APPROVED AS TO FORM:
WASTE CORPORATION OF TEXAS, INC.
BY: J L
Jerome M. Kruszka
(SEAL)
ATTEST:
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ORDINANCE NO. 2001-915-UU
AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE
NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25,
1975, TO CONSTRUCT A 10-INCH PIP:! LINE FOR THE TRANSPORTATION OF
REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the ci ty of La Porte has
received an application dated February 26, 2001, from EXXONMOBILE
PIPELINE COMPANY, requesting a permit under Section l8-A-3 of
Ordinance 915, being Chapter 18-A of the Code of Ordinances of the
City of La Porte, to construct and operate its lo-inch pipe line
for the transportation of REFINED PETROLEUM PRODUCTS, crossing the
City of La Porte, all as shown on said application. The
application of EXXONMOBILE PIPELINE COMPANY has been reviewed by
the ci ty I s Director of Public Works, who has found that said
application meets all requirements of said Ordinance No. 915, and
has recommended its approval.
section 2. The City Council of the City of La Porte hereby
approves the application of EXXONMOBILE PIPELINE COMPANY, dated
February 261 20011 and this Ordinance shall constitute a permit to
EXXONMOBILE PIPELINE COMPANY to operate said pipe line within the
City of La Porte, all in conformance with the requirements of
Ordinance No. 915, contingent upon its filing with the city of La
Porte prior to commencement of construction, copies of its permits
from the Texas Department of Highways and Transportation; Harris
County; and the Harris County Flood Control District. Any future
relocation of the pipe line herein permitted, within the City,
State, or County rights-of-way, shall be at the sole expense of
permittee.
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ORDINANCE NO. 2001-915-UU
PAGE 2
section 3. This Ordinance shall be in full force and effect from
and after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 19th day of March, 2001.
CITY OF LA PORTE
By:
!l4bJt~
/N rman . Mal e
Mayor
ATTEST:
~Mh, () W
M r ha A. Gillett
City Secretary
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ExxonMobil Pipeline Company
,.800 Bell Street
Houston, Texas 77002.7426
Post Office Box 2220
Houston, Texas 77252.2220
e
Stephen McDaniel
Manager
Right-of-Way and Claims
EJf(onMobil
Pipeline
February 26,2001
City of La P~eplacement Crossing
Fairmont Pa~r~~y
Bay town-Pierce Jct., r/w-34
Harris County, Texas
City Secretary, City of La Porte
Attention: Steve Gillett
P.O. Box 1115
La Porte, Texas 77572-1115
.....
Dear Mr. Gillett:
ExxonMobil Pipeline Company (EMPCo) owns and operates a 10" Refined Products
Pipeline which crosses through the city of La Porte as shown on the attached vicinity
plat. This pipeline was installed by Humble Oil and Refining Company in the 1940's and
was assigned to EMPCo in 1965. EMPCo's existing permit covering these locations is
dated July 13, 1942 and is with Harris County.
As a part of our maintenance practices we have conducted a recent pipeline survey on
the 10" pipeline and have determined that the Fairmont Parkway Pipeline Crossing
needs to be replaced with a new crossing. This new crossing will be located within our
existing right-of-way at Fairmont Parkway.
It is my understanding from our recent conversations that the City of La Porte has a city
ordinance that requires pipeline companies to apply for a permit if a new or replacement
pipeline is to be installed across or along or under any public place, Le., street, R/W,
park, etc. Therefore I am, by evidence of this letter, submitting the required information,
drawings and fees associated with the permit ordinance process and EMPCo is formally
requesting that the City of La Porte issue EMPCo a permit to replace its existing. pipeline
crossing referenced hereinabove with a new pipeline crossing to be located with in our
existing right-of-ways. EMPCo plans on beginning the work as soon as the City of La
Porte and Harris County complete their permit process.
Fairmont Parkway (Key May 578-H)) will be bored and the depth, location & length of
the crossing is detailed on the attached plan and profile drawing for Fairmont Parkway.
Once the crossing is complete EMPCo will complete the necessary work to tie-in the
new pipeline crossing to the existing pipeline then abandoned the old crossing by
removing the old pipeline and filling the existing casing with cement.
An ExxonMobil Subsidiary
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The crossing will be replaced with 10" carbon steel welded pipe, Grade X-42 SCH 40,
Yield 42,000 Tensil 60,000 with a wall thickness of (.365). This pipeline currently
transports refined petroleum products and is capable of operating at a MOP of 1200psi.
The approximate temperature of the products being transported averages between 50 to
85 degrees depending on time of year. If you have any questions or if you require any
additional information give me a call at 713-656-4622 or 713-899-8171.
Very truly yours,
~~
James V. Stegall
Attachments
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CITY OF LA PORTE
RECEIPT
NO.
61758
P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 281/471-5020
DATE
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MONEY
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CHECK / MONEY ORDER NO.
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AMOUNT
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DESCRIPTION
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ExxonMobil Pipeline Company
P.O:BOX 2220 . HOUSTON, TEXAS n252.222O
PAYTOT1iE C' / L
ORDER OF .41' D ~~
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 19.2001
Requested By: S. Gillett ~/ef2$
Department: Public Works
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted: N/ A
Ordinance
Amount Requested: N/A
Exhibits:
Exhibits:
Letter of Request
Budgeted Item: YES NO
Exhibits: Map
SUMMARY & RECOMMENDATION
The City of La Porte has received a request from ExxonMobile Pipeline Company to replace a
pipeline crossing within the City, as illustrated on the attached plat. The request is to construct a
ten-inch (10") refined petroleum products pipeline, The pipeline will operate at a temperature of
between 500 and 850 F at a maximum pressure of 1200 psig.
Although the request is to replace one street crossing (Fairmont Parkway), the line was
constructed in the 1940' s, and has never been permitted by the City.
The request meets all requirements of Ordinance 915. The application fee of$300.00 and the
first year's permit fee of $200.00 has been paid. Any future relocation of the pipeline permitted
within the City, State or County rights-of-way shall be at the sole expense of the permittee.
Action ReQuired by Council: Approve Ordinance No. 2001-915-UU approving a permit to
ExxonMobile Pipeline Company for a ten-inch (10") refined petroleum products pipeline.
Approved for City Council A2enda
cx~ -\ b\....."..~~~
.. .--
Robert T. Herrera, City Manager
J-l"t.-(Jl
Date
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ORDINANCE NO. 2001-915-UU
AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE
NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE
OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25,
1975, TO CONSTRUCT A 10-INCH PIPE LINE FOR THE TRANSPORTATION OF
REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1..
The City Council of the City of La Porte has
received an application dated February 26, 2001, from EXXONMOBILE
PIPELINE COMPANY, requesting a permit under Section 18-A-3 of
Ordinance 915, being Chapter 18-A of the Code of Ordinances of the
City of La Porte, to construct and operate its 10-inch pipe line
for the transportation of REFINED PETROLEUM PRODUCTS, crossing the
City of La Porte, all as shown on said application. The
application of EXXONMOBILE PIPELINE COMPANY has been reviewed by
the Ci ty I s Director of Public Works, who has found that said
application meets all requirements of said Ordinance No. 915, and
has recommended its approval.
Section 2. The City Council of the City of La Porte hereby
approves the application of EXXONMOBILE PIPELINE COMPANY, dated
February 26, 2001, and this Ordinance shall constitute a permit to
EXXONMOBILE PIPELINE COMPANY to operate said pipe line within the
City of La Porte, all in conformance with the requirements of
Ordinance No. 915, contingent upon its filing with the City of La
Porte prior to commencement of construction, copies of its permits
from the Texas Department of Highways and Transportation; Harris
County; and the Harris County Flood Control District. Any future
relocation of the pipe line herein permitted, within the City,
State, or County rights-of-way, shall be at the sole expense of
permittee.
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ORDINANCE NO. 2001-915-UU
PAGE 2
section 3. This Ordinance shall be in full force and effect from
and after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 19th day of March, 2001.
CITY OF LA PORTE
By:
!l~~
/N rman . Mal e
Mayor
ATTEST:
~aAiJJtL () W
M r ha A. Gillett
City Secretary
ExxonMobil Pipeline compan"
800 Bell Street
Houston, Texas 77002-7426
Post Otfice Box 2220
Houston. Texas 77252-2220
e
Stephen McDaniel
Manager
Right-at-Way and Claims
EJf(onMobil
Pipeline
February 26,2001
City of La P~eplacement Crossing
Fairmont Pa~r~~y
Baytown-Pierce Jet., r/w-34
Harris County, Texas
City Secretary, City of La Porte
Attention: Steve Gillett
P.O. Box 1115
La Porte, Texas 77572-1115
......
Dear Mr. Gillett:
ExxonMobil Pipeline Company (EMPCo) owns and operates a 10" Refined Products
Pipeline which crosses through the city of La Porte as shown on the attached vicinity
plat. This pipeline was installed by Humble Oil and Refining Company in the 1940's and
was assigned to EMPCo in 1965. EMPCo's existing permit covering these locations is
dated July 13, 1942 and is with Harris County.
As a part of our maintenance practices we have conducted a recent pipeline survey on
the 10" pipeline and have determined that the Fairmont Parkway Pipeline Crossing
needs to be replaced with a new crossing. This new crossing will be located within our
existing right-of-way at Fairmont Parkway.
It is my understanding from our recent conversations that the City of La Porte has a city
ordinance that requires pipeline companies to apply for a permit if a new or replacement
pipeline is to be installed across or along or under any public place, i.e., street, R1W,
park, etc. Therefore I am, by evidence of this letter, submitting the required information,
drawings and fees associated with the permit ordinance process and EMPCo is formally
requesting that the City of La Porte issue EMPCo a permit to replace its existing. pipeline
crossing referenced hereinabove with a new pipeline crossing to be located with in our
existing right-of-ways. EMPCo plans on beginning the work as soon as the City of La
Porte and Harris County complete their permit process.
Fairmont Parkway (Key May 578-H)) will be bored and the depth, location & length of
the crossing is detailed on the attached plan and profile drawing for Fairmont Parkway.
Once the crossing is complete EMPCo will complete the necessary work to tie-in the
new pipeline crossing to the existing pipeline then abandoned the old crossing by
removing the old pipeline and filling the existing casing with cement.
An ExxonMobil Subsidiary
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The crossing will be replaced with 10" carbon steel welded pipe, Grade X-42 SCH 40,
Yield 42,000 Tensil 60,000 with a wall thickness of (.365). This pipeline currently
transports refined petroleum products and is capable of operating at a MOP of 1200psi.
The approximate temperature of the products being transported averages between 50 to
85 degrees depending on time of year. If you have any questions or if you require any
additional information give me a call at 713-656-4622 or 713-899-8171.
Very truly yours,
~~
James V. Stegall
Attachments
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CITY OF LA PORTE
RECEIPT
NO.
61758
P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 281/471-5020
DATE
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P.O.-BOX 2220 . HOUSTON, TEXAS 77252-2220
PAY TO THE C. / L
ORDER OF · 47 D. ~-c.-
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DRAFT NO. 00619
DATE r;)-d(, - ZIJt:I ,
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(W\lMOUT EXCHANGE)
COUNlYJPARISH
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: MarCh;~/ L...J
Requested By: S. Gillett ~bA
Department: Public Works
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
xx
Amount Budgeted:
Exhibits:
Ordinance No. 2001-
Amount Requested:
Exhibits:
Letter from TNRCC
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte has worked over the past few years toward the attainment of a Superior Water
System designation through the TNRCC. Many improvements have been made, including the
construction of a new elevated water storage tank in Northwest La Porte, replacement of manways on
ground and elevated storage tanks, and raising the water well slab on Water Well No.3. All of these
improvements, spread over several CIP budgets, are requirements for the Superior Water System
designation.
One additional requirement is Sanitary Control Easements around each water well, as a component of the
City's Wellhead Protection Program. These wells are scattered throughout the City, and a primarily
located in residential areas. The Sanitary Control Easement is used to prevent contamination of the water
well, and must prohibit such activities as construction and operation of underground storage tanks, stock
pens, feed lots, privies, cesspools, and septic tanks within 150 of a water well. Additionally, concrete
sanitary sewers, septic tanks and cemeteries must be prohibited within 50 feet of a water well.
The City of La Porte, due to the difficulty in surveying and obtaining easements from numerous property
owners, has requested that the TNRCC consider an ordinance imposing sanitary control restriction on
property within 150 feet of water wells. The TNRCC has reviewed and approved the ordinance (letter
attached). The restrictions in the ordinance are largely prohibited or regulated under current codes and
ordinances, and should not pose a hardship or diminish property values of property affected.
Once the ordinance is approved, a certified copy will be recorded with Harris County.
Action ReQuired bv Council: Approve an ordinance imposing sanitary control restrictions to protect the
water supply of the City of La Porte water wells, and establishing construction and operation restriction
within alSO foot radius of City of La Porte water wells.
Approved for City Council Agenda
~T.~
Robert T. Herrera, City Manager
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Date
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Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
John M. Baker, Commissioner
Jeffrey A. Saitas, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
June 21, 2000
Mr. Ray Mayo, Water Production Supervisor
City of La Porte
PO Box 1115
La Porte, Texas 77572-1115
Subject:
Exception to Use an Ordinance In Place of a Sanitary Control Easement
City of La Porte - FWS ID #1010013
Harris County , Texas
Dear Mr. Mayo:
We have reviewed the city ordinance transmitted with your letter dated May 17, 2000. The
ordinance appears to provide sanitary protection for the well equal to a sanitary control easement.
We approve your request to use a city ordinance in place of sanitary easements for your wells with
the condition that each well site is inspected and a written certification is made to the Commission
stating that the sites are free of sanitary hazards.
All exceptions are subject to periodic review and may be revoked or amended if warranted. If you
have any questions please call me at (512) 239-6020.
Sincerely,
~~~
Thomas S. Napier, P.E.
Public Drinking Water Section (MC 155)
Water Permits & Resource Management Division
TSN:ad
cc: TNRCC Region 12 - Houston
Joe Strouse, P.E., lNRCC, Rate DesignIPlans Review
P.O. Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us
printed on recycled paper using soy-based ink
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ORDINANCE NO. 2001-a41?
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY IMPOSING SANITARY CONTROL RESTRICTIONS TO PROTECT THE
WATER SUPPLY OF CITY OF LA PORTE WATER WELLS; ESTABLISHING
CONSTRUCTION AND OPERATION RESTRICTIONS WITHIN A 150 FOOT RADIUS OF
CITY OF LA PORTE WATER WELLS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; 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. Chapter 74, Article I, of the Code of Ordinances
of the City of La Porte is hereby amended by adding section 74-4,
"Sanitary Control Restrictions to Protect City Water Wells", which
shall read as follows:
"Sec. 74-4.
Water Wells
Sanitary Control Restrictions to Protect City
(a) The purpose of this section is to protect the water supply
of the City of La Porte, by enacting restrictions on the
construction and operation of certain facilities within
prescribed distances from each of the city of La Porte water
wells, which are legally described on Exhibit "A" attached
hereto, and more fully shown on plats attached hereto as
Exhibits "B-1" through "B-6", incorporated by reference
herein, and made a part hereof for all purposes, as a means of
establishing sanitary control, for the health and welfare of
the inhabitants of the City of La Porte. (Said Exhibits are
attached to Ordinance No. 2001J'f'1/ copies of which may be
obtained from the office of the City Secretary of the City of
La Porte.) .
(b) The construction and operation of underground petroleum
and chemical storage tanks and liquid transmission pipelines,
stock pens, feedlots, dump grounds, privies, cesspools, septic
tank or sewage treatment drainfields, all other construction
or operations that could create an unsanitary condition
within, upon, or across the properties subject to this section
are hereby prohibited. (Sec. 74-2, of the Code of Ordinances
of the City of La Porte, prohibits private water wells within
the corporate limits of the city of La Porte.)
(c) The construction of tile or concrete sanitary sewers,
sewer appurtenances, septic tanks, storm sewers, and
cemeteries is specifically prohibited within a 50 foot radius
of the property line of the lot, tract, or parcel of land,
upon which each City of La Porte water well listed on Exhibit
"A" attached hereto, is described and located. (Said Exhibit
is attached to Ordinance No. 2001- , copy of which may be
obtained from the office of the City:secretary of the city of
La Porte.)
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(d) This section does not prohibit the construction of homes
or buildings, otherwise authorized by applicable codes and
ordinances of the City of La Porte, upon the property of
adjoining and abutting landowners, provided that said
construction and occupancy of said homes and buildings does
not violate the terms of this section.
(e) This section does not prohibit normal farming and ranching
operations, which are otherwise not prohibited by the terms
and provisions of any City of La Porte code or ordinance I
except that livestock shall not be allowed within a 50 foot
radius of the property line of the lot, tract, or parcel of
land, upon which each City of La Porte water well listed on
Exhibit "A" attached hereto, is described and located. (Said
Exhibit is attached to Ordinance No. 2001-J~7~ copy of which
may be obtained from the office of the City-Secretary of the
City of La Porte.)
(f) Penalty for Violation of Section. Any person, as defined
in V.T.C.A., Penal Code ~1.07(27), who shall violate any
provision of this section shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be punished as
provided in section 1-14. Each day any violation of this
section shall continue shall constitute a separate violation."
Section 2.
If
any
provision,
section,
subsection,
sentence, clause, or phrase of this ordinance, or the application
of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it
being the intent of the City Council in adopting this ordinance
that no portion hereof or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitution-
ality, voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
Section 3.
Any person who violates a provision of this
ordinance, upon conviction in the municipal court of the City of La
Porte, shall be subject to a fine not to exceed two thousand
2
e e
dollars ($2,000.00). Each day of violation shall be considered a
separate offense.
section 4.
This Ordinance is cumulative of all other
available remedies, including but not limited to criminal
prosecution, and the initiation of civil suits by the City for the
abatement of any of the prohibited activities described in this
Ordinance.
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 ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 6.
A certified copy of this ordinance shall be
recorded in the Real Property Records of the Office of the County
Clerk of Harris County, Texas.
section 7.
This Ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this
Iq1l- day of ~t1AJ.;
, 2001.
By:
CITY OF LA_ PORT_~
!.~~
r(o a ft alan
Mayor
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ATTEST:
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City Secretary
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Fax: 281-471-5763
E-mail: baysun@swbelI.net
....~..
BaJjslDre
Sun
EJlNG, h d . d h' h' d
;';'~QfN,~fit e un erslgne aut onty, on t IS ate
i~,lppeared Karolyn Kellogg, a duly authorized
've of The Bayshore Sun, a semi-weekly
published and generally distributed in the
. orte, Harris County, Texas and who after.
worn, swears the attached notice was
The Bayshore Sun dated~ J / () / .
cjIMUrr ~ji?l
Karolyn Kellogg
Authorized Representative
~ {.a/f
day of 9~
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Sworn and subscribed before me this
, 2001.
Sandra E. Bumgarner
Notary Public
Harris County, Texas
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U966034
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ORDINANCE NO. 2001- a 4'114/04/01 . 101538534 U966034
$33.00
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY IMPOSING SANITARY CONTROL RESTRICTIONS TO PROTECT THE
WATER SUPPLY OF CITY OF LA PORTE WATER WELLS; ESTABLISHING
CONSTRUCTION AND OPERATION RESTRICTIONS WITHIN A 150 FOOT RADIUS OF
CITY OF LA PORTE WATER WELLS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; 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. Chapter 74, Article I, of the Code of Ordinances
of the City of La Porte is hereby amended by adding Section 74-4,
"Sanitary Control Restrictions to Protect City Water Wells", which
shall read as follows:
"Sec. 74-4.
Water Wells
sanitary Control Restrictions to Protect City
(a) The purpose of this section is to protect the water supply
of the City of La Porte, by enacting restrictions on the
construction and operation of certain facilities within
prescribed distances from each of the City of La Porte water
wells, which are legally described on Exhibit "A" attached
hereto, and more fully shown on plats attached hereto as
Exhibits "B-I" through "B-6", incorporated by reference
herein, and made a part hereof for all purposes, as a means of
establishing sanitary control, for the health and welfare of
the inhabitants of the City of La Porte. (Said Exhibits are
attached to Ordinance No. 2001J'tI'1; copies of which may be
obtained from the office of the City Secretary of the City of
La Porte.)
(b) The construction and operation of underground petroleum
and chemical storage tanks and liquid transmission pipelines,
stock pens, feedlots, dump grounds, privies, cesspools, septic
tank or sewage treatment drainfields, all other construction
or operations that could create an unsanitary condition
within, upon, or across the properties subject to this section
are hereby prohibited. (Sec. 74-2, of the Code of Ordinances
of the City of La Porte, prohibits private water wells within
the corporate limits of the City of La Porte.)
(c) The construction of tile or concrete sanitary sewers,
sewer appurtenances, septic tanks, storm sewers, and
cemeteries is specifically prohibited within a 50 foot radius
of the property line of the lot, tract, or parcel of land,
upon which each City of La Porte water well listed on Exhibit
"A" attached hereto, is described and located. (Said Exhibit
is attached to Ordinance No. 2001- , copy of which may be
obtained from the office of the CitY:Secretary of the city of
La Porte.)
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(d) This section does not prohibit the construction of homes
or buildings, otherwise authorized by applicable codes and
ordinances of the city of La Porte, upon the property of
adjoining and abutting landowners, provided that said
construction and occupancy of said homes and buildings does
not violate the terms of this section.
(e) This section does not prohibit normal farming and ranching
operations, which are otherwise not prohibited by the terms
and provisions of any city of La_Porte code or ordinance,
except that livestock shall not be allowed within a 50 foot
radius of the property line of the lot, tract, or parcel of
land, upon which each City of La Porte water well listed on
Exhibit "A" attached hereto, is described and located. (Said
Exhibit is attached to Ordinance No. 2001-a~~ copy of which
may be obtained from the office of the City-Secretary of the
City of La Porte.)
(f) Penalty for Violation of section. Any person, as defined
in V.T.C.A., Penal CodeSl.07(27), who shall violate any
provision of this section shall be deemed guilty of a
misdemeanor, and, upon conviction, shall be punished as
provided in section 1-14. Each day any violation of this
section shall continue shall constitute a separate violation. "
Section 2.
provision,
If
section,
subsection,
any
sentence, clause, or phrase of this ordinance, or the application
of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application to other
persons or sets of circumstances shall not be affected thereby, it
being the intent of the city Council in adopting this ordinance
that no portion hereof or provision or regulation contained herein
shall become inoperative or fail by reason of any unconstitution-
ality, voidness or invalidity of any other portion hereof, and all
provisions of this ordinance are declared to be severable for that
purpose.
Section 3.
,Any person who violates a provision of this
ordinance, upon conviction in the municipal court of the city of La
Porte, shall be subject to a fine not to exceed two thousand
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dollars ($2,000.00). Each day of violation shall be considered a
separate offense.
section 4.
This Ordinance is cumulative of all other
available remedies,
including but not limited to criminal
prosecution, and the initiation of civil suits by the City for the-
abatement of any of the prohibited activities described in this
Ordinance.
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 ordinance and the. subj ect
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 6.
A certified copy of this ordinance shall be
recorded in the Real Property Records of the Office of the County
Clerk of Harris County, Texas.
section 7.
This Ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this IqJt.-. day of '1Y1t1tJ.J
2001.
By:
c~ LA_. PORT_E~
](0 ma- f1. ~
Mayor
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ATTEST:
~ ~llqtt Iltuv!
City Secretary
AP~.. ^-. /
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Knox W. Askins
~ City Attorney
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AFTER RECORDING, RETURN TO:
ASKINS & ARMSTRONG, P.C.
P.O. BOX 1218
LA PORTE, TX 77572-1218
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EXHIBIT "A"
CITY OF LA PORTE WATER WELL SITES
LEGAL DESCRIPTIONS OF PROPERTIES IN SANITARY EASEMENTS
WELL SITES 1 & 2
ALL ADJOINING PROPERTY IS OWNED BY THE CITY
OF LA PORTE, IN THE 19.513 ACRE PARK SITE
IN FAIRMONT PARK SUBDIVISION, LA PORTE,
HARRIS COUNTY, TEXAS, INCLUDING PORTIONS OF
ADJACENT PUBLIC STREETS, HILLRIDGE ROAD AND
COLLINGSWOOD ROAD.
WELL SITE 3
LOTS 20 THRU 30 BOTH INCLUSIVE, IN BLOCK
176;' AND LOTS 2 THRU 14 BOTH INCLUSIVE
AND LOTS 22 THRU 29, BOTH INCLUSIVE IN BLOCK
177, TOWN OF LA PORTE, VOL. 58, PG. 460,
H.C.D.R., HARRIS COUNTY, TEXAS.
LOTS 3 TERU 9, BOTH INCLUSIVE, AND LOTS 12
THRU 15, BOTH INCLUSIVE, LOTS 18 TERU 22,
BOTH INCLUSIVE, LOTS 25 THRU 30, BOTH
INCLUSIVE, AKK UB BKOCK 60, MAP OF LA PORTE,
NEBRASKA SYNDICATE LANDS, VOL. 83, PG. 345,
H.C.D.R., HARRIS COUNTY, TEXAS.
LOTS 18 THRO 21, BOTH INCLUSIVE, IN BLOCK
733, AND LOTS 21 AND 22, IN BLOCK 734, TOWN
OF LA PORTE, VOL. 67, PG. 1, H.C.D.R., . AND
P.P.G. INDUSTRIES, 488.514 ACRE TRACT,
H.C.C.F. NO. 484569, LA PORTE, HARRIS
COUNTY, TEXAS.
LOTS 6 THRU 8, BOTH INCLUSIVE, IN BLOCK 8,
BROOKGLEN SUBDIVISION, SECTION 2, VOL. 167,
PG. 109, H.C.M.R., AND RESERVE L, BROOKGLEN
SUBDIVISION, SECTION 1, VOL. 153, PG. 99,
H.C.M.R., LA PORTE, HARRIS COUNTY, TEXAS.
LOTS 3 THRU 9, BOTH INCLUSIVE, LOTS 15 THRU
17, BOTH INCLUSIVE, IN BLOCK 7, LOTS 3 THRU
5, BOTH INCLUSIVE, IN BLOCK 5, BAYSIDE
TERRACE SUBDIVISION, VOL. 8, PG. 55,
H.C.M.R., AND LOTS 5 TaRU 8, BOTH INCLUSIVE,
LOT 10, IN BLOCK 1, AND RESERVE "A", BAYSIDE
TERRACE REPLAT, VOL.85, PG. 18, H.C.M.R., LA
PORTE, illL~IS COUNTY, TEXAS.
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WELL SITE 4
WELL SITE 5
WELL SITE 7
WELL SITE 9
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JONES SURVE~J ABSTRACT 482
~ARRIS COUNTy DEED RECORDS
LA PORTE, HARRIS COUNTY, TEXAS
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LA PORTE, HARRIS COUNTY J TEXAS
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LA PORTE, HARRIS COUNTY, TEXAS
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VOLUME 153, PAGE 99, H.C.M.R.
LA PORTE, HARRIS COUNTY I TEXAS
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BLOCK 5, LOTS 2-5, BA YSIDE TERRACE
VOLUME 8, PAGE 55, H.C.M.R.
'J.P. HARRIS SURVEY, A-3D
LA PORTE, HARRIS COUNTY, TEXAS
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THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
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I hereby certifY that the attached and foregoing is a true and correct copy of Ordinance No.
2001-2477, passed and approved by the City Council of the City of La Porte at a Meeting Council held
on 19th day of March, 2001 and 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 Ordinance appears on record in the minutes
of said meeting.
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To certify which, witness my hand and Seal of Office, this the 27th day of March 2001.
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LfYIdltfJJOJ~
Martha Gillett
City Secretary
~CORDE~ M610RANDUM :..'~"~;'!l
AT THE TIME OF ~.fCOROATIOH, THIS - 1
INST~lJMENT ~ FOUND TO BE INADEQUAT!'
~ Ti'IE !JUT PHOTOGRAPHIC REPRODUCTIOM
BECAUSE.OF ILLEGIBILITY, CARBON OR
PHOTO COpy, DISCOLORED PAPER, ETC.
FILE FOR RECORD
8:00AM
APR - 4 2001
~#~
County Clerk, Harris Co
unly, Texas
m PROYISXlN HEREIN WHICH RES1RICTS THE SlI.E.AENTAl,OR USE OF THE DESCR~ED REAL
PROPERTl BECAUSE OF COLOR OR RACE 5 IVllIO UO UNENFORCEABLE UNDER FEOERAlLAW
THE STATE OF TEXAS
COUNTY OF HARRIS
Ihlllby ClrIily 1Ia1 iIIis ilIlnmllllm FLED ill File NUIII~rSlqulncl on illl dllt Ind Ilille time
Ib',ld hlflO!" .,; lid III dulJ RECORDED. II 1M OIfic~1 P,.1ie Rmldlll Rill ''''I", II HI.nl
Coun~, T 1111 on
APR - 4 200t
(9
~4~
COUNTY CLERK
HARRIS COUNTY, TEXAS
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1<:
EXHIBIT "A"
CITY OF LA PORTE WATER WELL SITES
LEGAL DE~;CRIPTIONS OF PROPERTIES IN SANITARY EASEMENTS
WELL SITES 1 & 2
ALL ADJOINING PROPERTY IS OWNED BY THE CITY
OF LA PORTE, IN THE 19.513 ACRE PARK SITE
IN FAIRMONT PARK SUBDIVISION, LA PORTE,
HARRIS COUNTY, TEXAS, INCLUDING PORTIONS OF
ADJACENT PUBLIC STREETS, HILLRIDGE ROAD AND
COLLINGSWOOD ROAD.
WELL SITE 3
WELL SITE 9
LOTS 20 THRU 30 BOTH INCLUSIVE, IN BLOCK
176; AND LOTS 2 THRU 14 BOTH INCLUSIVE
AND LOTS 22 THRU 29, BOTH INCLUSIVE IN BLOCK
177, TOWN OF LA PORTE, VOL. 58, PG. 460,
H.C.D.R., HARRIS COUNTY, TEXAS.
LOTS 3 THRU 9, BOTH INCLUSIVE, AND LOTS 12
THRU 15, BOTH INCLUSIVE, LOTS 18 THRU 22,
BOTH INCLUSIVE, LOTS 25 THRU30, BOTH
INCLUSIVE, AKK UB BKOCK 60, MAP OF LA PORTE,
NEBRASKA SYNDICATE LANDS, VOL. 83, PG. 345,
H.C.D.R., HARRIS COUNTY, TEXAS.
LOTS 18 THRU 21, BOTH INCLUSIVE, IN BLOCK
733, AND LOTS 21 AND 22, IN BLOCK 734, TOWN
OF LA PORTE, VOL. 67, PG. 1, H.C.D.R., AND
P.P.G. INDUSTRIES, 488.514 ACRE TRACT,
H.C.C.F. NO. 484569, LA PORTE, HARRIS
COUNTY, TEXAS.
LOTS 6 THRU 8, BOTH INCLUSIVE, IN BLOCK 8,
BROOKGLEN SUBDIVISION, SECTION 2, VOL. 167,
PG. 109, H.C.M.R., AND RESERVE L, BROOKGLEN
SUBDIVISION, SECTION 1, VOL. 153, PG. 99,
H.C.M.R., LA PORTE, HARRIS COUNTY, TEXAS.
LOTS 3 THRU 9, BOTH INCLUSIVE, LOTS 15 THRU
17, BOTH INCLUSIVE, IN BLOCK 7, LOTS 3 THRU
5, BOTH INCLUSIVE, IN BLOCK 5, BAYSIDE
TERRACE SUBDIVISION, VOL. 8, PG. 55,
H.C.M.R., AND LOTS 5 THRU 8, BOTH INCLUSIVE,
LOT 10, IN BLOCK 1, AND RESERVE "A", BAYSIDE
TERRACE REPLAT, VOL.85, PG. 18, H.C.M.R., LA
PORTE, HARRIS COUNTY, TEXAS.
WELL SITE 4
WELL SITE 5
WELL SITE 7
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'J.M. JONES SURVEY, ABSTRACT 482
LA PORTE, HARRIS COUNTY, TEXAS
9-18-00
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VOLUME __ PAGE ___
SANITARY CONTROL EASEMENT PLAT Dr
'JELL NO.2
1.108 ACRE TRACT
r AIR MONT PARK, SEC.l
JONES SURVE'(1 ABSTRACT 482
HARRIS COUNTT DEED RECORDS
LA PORTE, HARRIS COUNTY, TEXAS
1'=40'
3358-00
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SANITARY CONTROL EASEMENT
PLAT OF
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LOTS 7 - 11, BLOCK 177
MAP OF LA PORTE
JOHNSON HUNTER SURVEY, A-35
VOLUME 58 PAGE 460 H.C.n.R.
LA PORTE, HARRIS COUNTY, TEXAS
6} H. ^CI"'I~ ::iMII H ISl:ALC.'.= .
f ENGINEERS AND SURVEYORS, INC. ICAD F1~E' 40
P.O. BOX 529 423 N. HWY. 146 3358-00
LA PORTE. TEXAS 77571
Il PH. (281) 471-1.226 FAX (281) 1.71-1.22:1 ISH~" 1 DF 1
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MAP OF LA PORTE - NEBRASKA SYNDICATE
JOHNSON HUNTER SURVEY, A-35
VOLUME 83 PAGE 345 H.C.D.R.
LA PORTE, HARRIS COUNTY, TEXAS
9-18-00
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
N/A
Agenda Date Requested: March 19.2001
Source of Funds:
Requested By: John Joerns
Account Number:
Department:
Administration
Amount Budgeted:
Report: _Resolution: _Ordinance:......K.-
Amount Requested:
Exhibits:
Budgeted Item: _YES _NO
+ 1 Ordinance
+ Standard Industrial District Agreement
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for another seven-
year period. The current agreements expired December 31,2000.
The City mailed 61 Industrial District Agreements in March 2000. Currently, because of splits, mergers, sales,
name changes, etc., the number of agreements to track is reduced from 61 to 58. To date, we have approved 53
agreements. The total agreements approved after tonight's action will be 54.
Both industries have returned executed agreements complete with Exhibits A, B, and C. The remaining agreements
will be presented to City Council as City staff receives them.
Staff recommends City Council authorize the execution ofIndustrial District Agreements with the following
industries:
. Initial DSI Transports
Action ReQuired bv Council:
Consider approval of Ordinance 2000-IDA . authorizing the execution by the City of La Porte ofIndustrial
District Agreements listed above.
Approved for City Council Aeenda
~T.~~
Robert T. Herrera, City Manager
"3 ~ ,,2. . Co) \.
Date
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ORDINANCE NO. 2000-IDA-58
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DSI TRANSPORTS, INC., FOR THE
TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
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. DSI TRANSPORTS, INC. has executed an industrial
district agreement with the city of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
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
ci ty 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 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 19th day of March, 2001.
By:
CITY OF LA PORTE
4~~<~
Mayor
ATTEST:
::m~~f{~t!lAl1i
City Secretary
Knox
City
2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Agenda Date Requested
Appropriation
Source of Funds: Medical Fund
Department:
Account Number: 014 6144 515 6012
Report:
Resolution:
Ordinance:
Amount Budgeted: $120rOOO
Exhibits:
Bid Tab
Amount Requested: $~7'l,~".f
Exhibits:
Letter from Consultant
Budgeted Item: YES NO
Exhibits:
Vendor List
SUMMARY & RECOMMENDATION
The City's stop loss insurance is due to renew on April 1st, This insurance covers payment of all claims
for anyone employee or dependent whose medical charges exceed $100,000. The current policy also
includes an aggregate amount for all employees and dependents of approximately $1.87 million. This
means that if all claims exceed $1.87 million, the insurance carrier would pay 100% of all claims over that
amount.
Our current carrier is Houston Casualty Corporation (HCC), with an annual premium of $107,319. HCC
was the only company to bid on the new contract. Their bid for specific stop loss was $146,907 and
aggregate stop loss is $24,515, for a total of $171,422. They also raised the attachment point from $1.87
million to $2.55 million, meaning the claims would have to exceed that amount before they pay 100%.
The City's catastrophic loss rate has been nearly non-existent. Although there are several employees or
dependents who may have catastrophic claims, none have reached the $100,000.
The City could save $24,515 this year by omitting the aggregate stop loss coverage. In all the years
since becoming self insured, claims have never exceeded the attachment point. Even with the premium,
the City would be responsible for an additional $678,093 before this coverage became effective.
Staff recommends opting for specific stop loss only this year, at an annual cost of $146,907.
Action Reauired bv Council: Authorize approval of bid by HCC Benefits, to provide specific stop loss
insurance coverage at an annual cost of $146,907.
Ann roved for City Council A!!enda
L1f/ JfJ1t:tj ~'01
Robert T. He era, City Manager
Da~ I /5jDI
Q!.tv of La Porte
Stop...Loss Insurance Comparisons
3/8/01
$75,000 $75,000 $100,000 e
Paid/12 Paid/12 Paid
$10.71 $11.46 $9.23
$29.69 $31.76 . $25.56
$85,426 $107,578 $86,589
$1,000,000 $1,000,000 $1,000,000
Paid/12 Paid/12 Paid
Medical Medical Medical & Rx
$383.69 $364.50 $426,06
$2,000,000 $2,000,000 $1,000,000
$3.27 $3.93 $4.72
$14,362 $17,261 $20,730
$99,788 $124,839 $107,319
$1,620,706 $1,539,648 $1.871,283
Based on: 1998 - 2000 2001 e
Employees/Retirees - Single 131 138
Dependent Units 235 246
Total 366 384
The Welch Company
...........
3/12/01
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The Welch Company
Employee Benefits Consulting & Brokerage
820 Gessner, Suite 1470
Houston, Texas 77024
713/827-8755
welchco@msn.com
nA EMAIL
MEMORANDUM
TO:
Louis Rigby
~
FROM:
Diana L. Romagnoli
RE:
Stop-Loss Proposal Comparisons
DATE:
March 12, 2001
As you know we received one (1) proposal last week on the RFP for Stop-Loss Insurance Coverage.
Attached is a spreadsheet that outlines the proposal this year as well as the last three years. The
following are a few notes discussing the proposal, the market and the City of La Porte Health plan.
The Proposal
.:. Current vendor, consistency is good.
.:. Rates up in part due to the many employees with target diagnosis.
.:. Aggregate coverage out of reasonable consideration.
The Market
.:. Market-wide increase of approximately 25%.
.:. Less competition, fewer stop-loss insurance companies (via acquisitions).
.:. Coverage under-priced for many years.
.:. International supply of re-insurance dwindling.
City of La Porte Health Plan
.:. Potential of claims, little activity now.
.:. Employee population is low for strong market. (including retirees)
.:. State legislation of no lasering deters proposals.
.:. TML not recognized vendor for many stop-loss companies.
At this point you may wish to unbundle the two coverages and consider specific Stop-Loss only.
While the decision is completely up to you, we wish only to point out that the $2,500,000 aggregate
attachment point may be difficult to reach. Therefore, the $25,000 premium should be reviewed.
Attachments
"-..
.
City of LaPorte
e
RFP Distribution for Stop-Loss
Responses Due March 8, 2001
American Stop-Loss Phil Erikson
250 Commercial Street, Suite 200 2/2101 $2.34 No
Worcester Massachusetts 01608 508-845-9836 response
HCC Benefits Corporation Chris Slezak
16415 Addison Road, #f370 2/2101 $2.34 received
Addison Texas 75001-3268 888-941-9532
Highmark Life & Casualty John Perrin
20405 SH 249, Suite 490 2/2101 $2.34 declined
Houston, TX 77070 281-379-5421
Medical Excess Debbie Kadonada
3080 Bristol Street, Suite 100 2/2101 $2.34 declined
Costa Mesa CA 92626 800-634-7462
Arbor Benefit Group Karen Harrison-
17218 Preston Road, Ste 400 Drews 2/2101 $2.34 declined
Dallas Texas 75252 972-735-3183
Sun Life of Canada Daniel Bowen
440 Louisiana, Ste 1520 2/2101 $2.34 declined
Houston, Texas 77002 713-236-8340
Trustmark Insurance Company L. Brent Schultz
363 N. Sam Houston Parkway East 2/2101 $2.34 No
Suite 1100 281-405-2633 response
Houston, Texas 77060
R. E. Moulton David Frawley
6311 N. O'Connor, Suite N6 2/2101 $2.34 No
Irving, Texas 75039 972-869-7630 response
x.430
ING/ReliaStar Employee Benefits Kimberly R. Cole
3555 Timmons 2/2101 declined
Suite 240 713-871-8359 $2.34
Houston, TX: 77027 x.12
The Welch Company
.
CITY OF LA PORTE
e
INTEROFFICE MEMORANDUM
March 19, 2001
TO:
Mayor and City Council
FROM:
Robert T. Herrera, City Manager
~1"\\~
Dinner meeting with Congressman Bentsen
SUBJECT:
In an.effort to continue to develop our good working relationship with Congressman Bentsen,
the City is planning a dinner in his honor on Monday, April 16, 2001, starting at 6:00 pm, A
place to hold the dinner reception has not yet been determined.
The Mayor suggested this event, and Staff has been trying to coordinate an acceptable date
with Congressman Bentsen. We will also invite surrounding cities to participate (Bay town,
Deer Park, Pasadena, Seabrook, Morgan's Point, and Shoreacres) in helping us thank him for
the work he does on our behalf.
The event should be a positive one.
RTH: su